By:  Eissler, Grusendorf, Madden                                  H.B. No. 1949
 
    (Senate Sponsor - Van de Putte)                                          
	(In the Senate - Received from the House April 14, 2003; 
April 15, 2003, read first time and referred to Committee on 
Education; May 2, 2003, reported favorably by the following vote:  
Yeas 8, Nays 0; May 2, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the finality of a grade issued by a public school 
teacher.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 28, Education Code, is 
amended by adding Section 28.0212 to read as follows:
	Sec. 28.0212.  FINALITY OF GRADE.  (a)  An examination or 
course grade issued by a classroom teacher is final and may not be 
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)  A determination by a school district board of trustees 
under Subsection (a) is not subject to appeal.  This subsection does 
not prohibit an appeal related to a student's eligibility to 
participate in extracurricular activities under Section 33.081.
	SECTION 2.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



* * * * *