The Fort Bend school district is challenging a new state mandate that requires teachers to give a student a true grade on assignments and examinations rather than a grade of at least 50 on report cards.

The mandate, which was drafted as Senate Bill 2033 by Sen. Jane Nelson, R-Flower Mound, came out of the 81st Legislature.

In an Oct. 16 letter to all school districts in the state, Texas Education commissioner Robert Scott stressed the legal requirement to record “honest grades” of students, along with an explanation of specific practices to follow the new law.

The school board on Nov. 9 gave green light to the district to join a lawsuit regarding the commissioner’s interpretation.

Fort Bend ISD is one of the school districts across the state seeking to "sidestep" the law, according to Nelson, a former school teacher.

"A student's grades should always be based on merit. Basing them on anything else harms the students, the teachers and the credibility of our schools," she said in an e-mail to the Chronicle.

Minimum grade policy

The district has a policy in place that sets the numerical grade of 50 as the lowest grade a teacher can give a student even if the student’s actual grade is lower than 50.

Nancy Porter, a district spokeswoman, said the district is taking the steps to follow the new law although the school board has authorized the district to join in the litigation.

“The district does not agree with the Texas Education Agency’s interpretation of the law,” she said.

The district issues grade reports every nine weeks. It issues progress reports Progress reports for elementary students at the end of the fourth of the nine-week grading period for students with averages below 75, and to students in grades 6-12 during the fourth and seventh week of the nine-week period.

New state mandate

Under the new law, a district "must require a classroom teacher to assign a grade that reflects the student’s relative mastery of an assignment."

Also, the district may not require a classroom teacher to assign a minimum grade for an assignment without regard to the student’s quality of work.

In addition, the district may allow for "a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade."

In his letter, Scott highlighted a TEA requirement of "decisions on promotion or course credit to be based on academic achievement or demonstrated proficiency," which should be reflected by "actual assignment grades" in line with the new legislation.

He said the new law requires “honest grades for each grading period,” which also is endorsed by an existing state law, which, since 1995, “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,” he wrote.
Scott also said the new legislation allows a student to make up or redo a class assignment or examination for which the student received a failing grade.

“Not morally right”

Dwight Harris, an official with Fort Bend Employee Federation, a district teacher union, said some teachers have expressed concerns to him about the minimal grade policy.

“I don’t think it’s morally right and honest,” Harris said. “As a parent, I would want to know my child’s real grade, not something he didn’t earn.”

He said reflecting a child’s failure truthfully could spur the student to work harder and greater effort to help the student succeed.

District officials did not explain what disagreement with Scott’s interpretation nor the rationale behind the minimum grade policy.

Harris said he believes not showing any student grade falling below 50 would make the district look better.

“Or it could affect the district’ accountability rating,” he said.

Lawmaker “disturbed”

In her e-mail, Nelson said she was "disturbed that school districts around the state continue to try and sidestep the intent of this law."

The purpose of the law, she said, is "to prevent teachers from being forced to give students grades they had not earned."

Leading up to the legislative session, Nelson said she heard from teachers who were being prohibited from assigning grades below a 50, 60, or in some cases, 70 percent.

"I was appalled," she said.

She asked Scott if this was pervasive.

"He was as perplexed as I was, so at a conference of teachers, he asked for a show of hands if any of the teachers worked on campuses that had such policies in place. Half the hands in the room went up," Nelson said.

"Commissioner Scott has now told superintendents in very clear language that the law applies to all grades, including cumulative report card grades," Nelson said.