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TEXAS AFT LEGISLATIVE HOTLINE–MONDAY, OCTOBER
12, 2009 Local Affiliates Stick Up for Teachers'
Grading Authority, Fair Pay El Paso AFT Unit Fights
to Enforce State Law on Grading Policy: Lucy Clarke,
president of the El Paso Federation of Teachers and Support
Personnel, has been getting the better of the argument with El
Paso ISD over the implementation of the new state law on grading
policy. El Paso ISD has tried to get around the new
law, which prohibits awarding students "minimum" grades that
they have not earned. Clarke and her local Texas AFT affiliate
have filed a grievance against the district over this attempted
end run, and so far the union's stance has won backing not only
from the author of the legislation but also from the Texas
Education Agency and the local media. Here's how
the El Paso Times recently described the issue in an editorial
comment:
"School district administrators should not rank putting on a
happy face above quality education of its students. The El Paso
Independent School District administration says students are to
receive a grade no lower than 50 for the initial grading period
of each semester. That way they have a better chance to pass the
course. "Now the El Paso Federation of Teachers
and Support Personnel has filed a grievance saying the district
is in violation of a new state law to ban that practice.
Teachers want to award grades on merit, and they're right. The
grievance has been suspended temporarily pending talks with the
district. "The new law allows schools to give
students the opportunity to redo assignments, re-take tests and
complete extra-credit work to ensure they have grasped the
subject matter. "The Texas Education Agency has
sided with the teachers' union. It, too, is on the correct side.
"The EPISD administration maintains that this
policy helps give students a second chance in the event they get
off to a poor start in a given class. "That's
noble, but keeping students on track for a high-school degree
means graduates have truly grasped the subject matter....EPISD
Superintendent Lorenzo Garcia said he's for keeping the 50 rule,
but is waiting for guidance from the state. Waiting is
unnecessary. Abandon this rule now." Bexar
County AFT Affiliate Wins Another Round for Fair
Compensation: A state district judge has given a strong
new boost to a lawsuit demanding extra pay for extra work by AFT
member John Kelley in North East ISD in San Antonio. Last week
Judge John Dietz of Austin held that the school district, by
requiring teacher John Kelley to do extra work but refusing to
pay him for it, had materially breached his contract. The judge
also concluded that the commissioner erred in deciding he lacked
jurisdiction over the matter. It's now up to North East ISD to
decide whether to appeal Judge Dietz's ruling. The district has
insisted on fighting Kelley and the North East chapter of Bexar
County AFT, in spite of multiple adverse court rulings, as if
the district were a deep-pocketed corporation that could afford
to wear down the aggrieved party. But the costs of the
district's mulishness are being borne by district taxpayers. And
teacher Kelley, North East AFT, and Texas AFT are determined to
uphold the simple principle of extra pay for extra work.
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