TEXAS AFT LEGISLATIVE HOTLINE--TUESDAY, AUGUST 18,
2009 (copyright 2009 Texas AFT) * TEA Encourages
Use of Campus Charters * TEA Warns Against Evasion of New Law
on Grading Policy TEA Encourages
Campus Charters: Texas law empowers not only the State
Board of Education but also local school boards to authorize
creation of charter schools. The Texas Education Agency on
Friday notified school districts that they are eligible for
start-up grants from the federal government for new charter
campuses approved by local school boards before September 1.
Deadline for submitting the necessary documentation to TEA is
September 8. The SBOE approval process for
state-granted charter schools regrettably has tended to set the
bar low for academic quality. As a rule, these state charter
schools have high student and teacher turnover, lower scores on
state achievement tests, and lower levels of appropriate teacher
certification--and not coincidentally, lower pay and benefits
for their teachers. The disappointing quality of most
state-approved charters contributed to the failure of a
charter-expansion bill in the 2009 state legislative session.
In contrast, locally approved charter campuses
offer a number of potential advantages for charter advocates
interested in fulfilling the original vision of charter schools
as experimental campuses that would maintain high educational
standards. Because teacher input and approval are state-mandated
for conversion of a campus to charter status, teachers have a
much better chance to ensure that educational standards will be
upheld. Parental input and approval also are mandated when
charter campuses are created by this route. Even when a
brand-new campus is created with the intent of making it a
charter school, neither students nor teachers may be assigned to
that campus without their consent. These provisions
ensuring buy-in for the charter experiment from those most
deeply involved in the school go a long way toward ensuring
academic quality. The potential for worthwhile educational
innovations via campus charters has led several Texas AFT local
affiliates to work toward the development of charter campuses in
their school districts. However, educators need to
recognize that there are also potential pitfalls. The provisions
of a proposed campus charter must be carefully scrutinized,
because they can exempt the campus and its staff and students
from key safeguards in state law, including: teachers' contract
rights, state guarantees of planning and preparation periods,
duty-free lunches, state personal leave, and teacher authority
to remove violent and disruptive students under the Safe Schools
Act. TEA Warns Against Evasion of New Law
on Grading Policy: Sure enough, a significant number of
school districts are trying to evade the impact of a new state
law intended to uphold teachers' grading authority. The new law
prohibits school districts from requiring teachers to give
students a minimum grade that does not reflect students' actual
mastery of their assignments. (The law still allows policies
permitting students to do make-up work or retake exams to attain
a passing grade.) But some districts are saying that the law
only speaks to grades on "assignments," not grades for whole
grading periods, so they claim they are still free to dictate
students' minimum cumulative grades. This strained
interpretation of the law, which would frustrate its clear
intent, is receiving zero support from the bill's author and
from the Texas Education Agency. Sen. Jane Nelson, Republican of
Lewisville, says she was aiming to put an end to the practice of
issuing minimum grades unrelated to the quality of a student's
actual work--period. A spokeswoman for the Texas Education
Agency told the Dallas Morning News that "districts need to give
accurate grades to students, and that includes report card
grades. It's pretty simple, give the grade students earned and
stick with that." With TEA taking this commendably
firm line on the meaning of the new law, it will be interesting
to see if some districts persist in attempting to evade it. If
they do, the commissioner of education and eventually if
necessary the courts, not the school districts, will have the
final say on what the law requires.
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