H.B. 1949 78(R)    BILL ANALYSIS


H.B. 1949
By: Eissler
Public Education
Committee Report (Unamended)



BACKGROUND 

Currently, there is no provision requiring that a student grade assigned
by a teacher cannot be changed, except to the extent that current law
precludes grade changes under the "no pass/no play" provisions of Section
33.081, Education Code. Student grades can be changed by a campus
administrator or principal, or the teacher can be directed to change a
grade by a campus administrator. Some teachers have been required to
change grades or have had grades changed for them. 


PURPOSE
 
The purpose of House Bill 1949 is to clarify the authority of teachers in
determining student grades. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant  any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 1949 amends the Education Code  to prohibit the grade given to
a student by a classroom teacher on an examination or course from being
changed unless found to be arbitrary, erroneous, or not consistent with
the school district's grading policy applicable to the grade, as
determined by the board of trustees of the school district in which the
teacher is employed.  

The bill provides that this decision of the board of trustees is not
subject to appeal, however this added provision does not prohibit an
appeal relating to the student's eligibility to participate in
extracurricular activities under Section 33.081. 

This Act applies beginning with the 2003-2004 school year.


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.