SRC-JLB H.B. 1949 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1949
78R6500 BDH-FBy: Eissler et al. (Van de Putte)
Education
4/24/2003
Engrossed



DIGEST AND PURPOSE 

Currently, there is no provision that permits a teacher to issue a final
grade, unless the provisions of Section 33.081 of the Texas Education Code
(commonly known as "no pass/no play") are involved.  In several cases,
students' grades have been changed by or at the direction of an
administrator, as a result of a parent complaint.  H.B. 1949 makes the
grade earned by a student and assessed by a teacher on an examination or
course grade the final grade.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 28, Education Code, by adding
Section 28.0212, as follows: 

Sec.  28.0212.  FINALITY OF GRADE.  (a)  Provides that an examination or
course grade issued by a classroom teacher is final and prohibits it from
being changed unless the grade is arbitrary, erroneous, or not consistent
with the school district grading policy applicable to the grade, as
determined by the board of trustees of the school district in which the
teacher is employed.   

(b)  Provides that a determination by a school district board of trustees
under Subsection (a) is not subject to appeal.  Provides that this
subsection does not prohibit an appeal related to a student's  eligibility
to participate in extracurricular activities under Section 33.081. 

SECTION 2.  Provides that this Act applies with the 2003-2004 school year. 

SECTION 3.  Effective date: upon passage or September 1, 2003.