Teachers prevail in grading law suit

AUSTIN — Texas school districts no longer can force teachers to give students higher grades than they earned on class assignments or on their report cards, a Travis County judge ruled Monday.
Eleven districts — mostly in the Houston area — had sued Texas Education Commissioner Robert Scott over his interpretation of the so-called truth-in-grading law that was passed last year. They argued it applied only to assignments and exams and were fighting to keep their policies that ban cumulative report card grades lower than a certain number, typically a 50.

The school districts suing were Aldine, Alief, Clear Creek, Deer Park, Dickinson, Fort Bend, Humble, Klein, Anahuac, Eanes and Livingston.

The superintendents say their minimum-grade policies help discourage students from dropping out by giving them a mathematical chance at passing a class, even if they blow one grading period. But teacher groups and the bill’s author, Sen. Jane Nelson, R-Flower Mound, counter that such policies are dishonest and don’t prepare students for college or the work force.
State District Judge Gisela Triana-Doyal ruled against the districts’ reading of the law, which effectively means that schools across Texas must abolish minimum-grading policies unless the decision is appealed and overturned. The state does not track how many districts have such policies.

May appeal
Richard Morris, the attorney for the school districts that filed the lawsuit, said he would consult with the superintendents about pursuing an appeal or trying to lobby the Legislature for a change.
The judge said the statute was “not ambiguous,” even though it didn’t specifically mention that it applied to cumulative six- or nine-week grades that appear on report cards. But Triana-Doyal emphasized she wasn’t opining whether the law was good or bad education policy, noting that both sides made valid points.

“People have different opinions about what’s in the best interest of kids,” she said.
Nelson, a former teacher, said the ruling was “a victory for Texas teachers, students and parents because now all grades — on class assignments and report cards — will accurately reflect how well students have mastered their course work.”

She said she doubted her colleagues would retreat from the law next session after unanimously passing her bill last year.
Dropout strategy

Clear Creek ISD Superintendent Greg Smith, the only school chief to testify, said the district’s minimum-grading policy has been an effective dropout strategy over the last 13 years. At one high school last year, he said, more than 30 students benefited from the policy and were able to pass.

Without the policy, he said, “I think you close the light at the end of the tunnel for some students.”
For example, if a student earned a 20 grade during one six weeks, he still would fail the semester if he earned a 90 the next two grading periods.

The Texas chapter of the American Federation of Teachers, which intervened in the case on the side of the Texas Education Agency, argued that minimum-grading policies take important authority away from teachers and are “not in the best interest of students in the long run.”
“I feel like it’s unethical,” Mary Roberts, a teacher in Humble ISD, testified about her district’s policy, which bans report card graders lower than a 50.
ericka.mellon@chron.com



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