Texas Commissioner of Education October 16, 2009 minimum grading letter

"Our interpretation is that our policies do not need to be changed." Some Texas Districts yet to change grading policies - DMN - August 18, 2009

The letter below was sent to Texas school districts by Robert Scott, Texas Commissioner of Education, on October 16, 2009. 

It provides guidance on the proper interpretation of the 2009 state law - Senate Bill 2033 - now Texas Education Code Sec. 28.0216.
The law was signed by the Governor on June 19, 2009 and became effective immediately.

The Commissioner's letter makes it clear that the state legislature intended to stop all minimum grade requirements in Texas schools.

This means that Dallas ISD has now operated with a minimum grading system that has violated the 2009 state law for all of the last school year and the same policy will continue in 2010-2011 - unless the Board of Trustees acts at the August Board meeting to remove all minimum 50 grade requirements from Board Policy EIA (Local).  

Sec. 28.0216 of the Texas Education Code requires this to be corrected before the beginning of the new school year.                                                                                                                                                                                  
_____________________________________________________________________________________________

October 16, 2009

TO THE ADMINISTRATOR ADDRESSED:

Subject:  Senate Bill (SB) 2033 School District Grading Policy


SB 2033, passed by the 81st Texas Legislature, requires each school district to adopt a grading policy, including provisions for the assignment of grades on class assignments and examinations, before each school year. A district grading policy:


(1)     must require a classroom teacher to assign a grade that reflects the student’s relative mastery of an assignment;


(2)     may not require a classroom teacher to assign a minimum grade for an assignment without regard to the student’s quality of work; and

(3)     may allow a student a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade.

TEA understands this legislation to also require honest grades for each grading period including six weeks, nine weeks, or semester grades for two reasons. First, if actual grades on assignments are not used in determining a six weeks grade, the purpose of the legislation has been defeated. Second, since 1995, Texas Education Code, §28.021, has required decisions on promotion or course credit to be based on “academic achievement or demonstrated proficiency.” If the six weeks grades do not reflect the actual assignment grades, they would not reflect academic achievement or demonstrated proficiency.

This legislation permits a district, through local policy, to allow a student a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade. By allowing students to make up work, a district would ensure six weeks grades reflect relative mastery of assignments, even if making up a prior deficit, rather than awarding an automatic grade to a student who has received a failing grade.

If you have questions regarding SB 2033, please contact Monica Martinez, Policy Director in the Curriculum Division, at (512) 463-9581 or via e-mail at monica.martinez@tea.state.tx.us.

Sincerely,

Robert Scott
Commissioner of Education

RS/mgm

TEA Letter
Senate Bill 2033 - Grading Policies
How a bill became a Law ... and was ignored
TCTA Letter to the Commissioner


Texas Education Code 

Sec. 28.0216.  DISTRICT GRADING POLICY.  A school district shall adopt a grading policy, including provisions for the assignment of grades on class assignments and examinations, before each school year.  A district grading policy:

(1)  must require a classroom teacher to assign a grade that reflects the student's relative mastery of an assignment;
(2)  may not require a classroom teacher to assign a minimum grade for an assignment without regard to the student's quality of work; and
(3)  may allow a student a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade.
Added by Acts 2009, 81st Leg., R.S., Ch. 1236, Sec. 1, eff. June 19, 2009.