However, it is recommended that the schools clearly outline the requirements for issuance of the form and establish a formal policy to support the requirements. The TEA has received numerous requests for interpretations of the law as it relates to driver's license eligibility. The VOE law states that students enrolled in a public, home, or private school must of attended school for at least 80 days in the fall or spring semester preceding the date of application. Since the 73 rd Texas Legislature changed the number of days that a student must be in attendance at school to receive course credit from 80 days per semester to 90 percent of the days the class is offered, the 90 percent rule can be used to formulate driver license eligibility. For students in grades eight and below, absences may be aggregated on the basis of a scholastic year.
Schools can accept extenuating circumstances for minimum attendance for class credit.
Schools can also accept decisions of attendance committees, make-up, or excused absences when considering driver license eligibility. Summer school does not count as make-up time for attendance purposes unless the attendance committee makes summer school attendance a part of a student's plan to make up days missed. The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit by students who are in attendance fewer than the number of days required. School districts may consider the decisions of the attendance committees who heard petitions by students who are in attendance fewer than the number of days required when considering driver license eligibility. If the public, home, or private school accepts credits for students transferring from out of the state, out of the country, or out of district, the school accepting the transfer is responsible for issuance of the VOE form.