JLM C.S.H.B. 3353 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
C.S.H.B. 3353
By: Luna, Vilma
5-5-97
Committee Report (Substituted)



BACKGROUND 

Section 28.021, Education Code, states that a student can be promoted only
on the basis of academic achievement or demonstrated proficiency, however,
these terms are not defined. 

State law establishes a passing standard of 70 on a scale of 100 for
certain limited purposes. The grade of 70 is the standard for "no-pass,
no-play" eligibility for extracurricular activity.  The grade, also, is
the standard used to define students in need of tutorial services and for
determining whether a student is considered to be at risk of dropping out
of school for purposes of the compensatory education program. Finally, by
State Board of Education rule, the grade of 70 is the standard for
determining whether a student is passing a course required for high-school
graduation. 

PURPOSE

As proposed, this bill would establish a state passing standard for
courses of all grade levels at a grade of 70 on a scale of 100 and
prohibit administrators from arbitrarily changing the grades a teacher
awards to students, absent documented error or inconsistency with that
teacher's grading policy.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional rulemaking
authority to the commissioner of education in Section 1. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 28.021, Education Code as follows:
  Sec. 28.021(b).  Establishes that a grade equivalent to 70 on a scale of
100 is the   statewide standard for demonstrating academic achievement or
proficiency. 

  Sec. 28.021(d).  Prohibits an administrator from altering a teacher's
determination   of a student's grade for a course or class, except in case
of a documented error or   of inconsistency with that teacher's grading
policy.  

  Sec. 28.021(e).  Authorizes the commissioner of education to adopt rules
necessary to implement this section. 

SECTION 2.  Effective date

SECTION 3.  Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. HB 3353 states that a teacher's determination of students'
grades may not be a   basis for an adverse appraisal of that teacher's
performance, absent documented   error or inconsistency, and CSHB 3353
does not. 

   HB 3353 authorizes the State Board of Education to adopt rules
necessary  to   implement this section, and CSHB 3353 authorizes the
commissioner of     education to do so instead.