The Houston Chronicle is reporting that state Rep. Rob Eissler, chairman of the House Public Education Committee, agrees with Senate members that Education Commissioner Robert Scott has the authority to waive the so-called 15 percent rule for the current school year.
On Monday, state Sen. Florence Shapiro, chair of the Senate Education Committee, and three other senators sent Scott a
letter clarifying legislative intent that cleared the path for Scott to grant a waiver of the so-called 15 percent rule.
According to the Chronicle, Scott was waiting for word from the House side that he had the authority to make the call.
House Bill 3 required that an end-of-course assessment be counted as 15 percent of a student’s final grade in a course, but school superintendents and district leader across the state have raised concerns about unintended consequences of the 15 percent rule which make it cumbersome for students, parents, counselors, teachers and administrators.?
Scott said at TASA’s Midwinter Conference in January that he would waive the 15 percent requirement if the statute allowed, but that his attorney had advised him he didn’t have the authority.
Shapiro’s letter says: “While we agree that the provisions of Chapter 39 may not be waived under your general waiver authority, we believe that you have the authority by virtue of the transition plan authorized under Section 39.025(f) to defer the requirement that an end-of-course assessment count as 15% of a final grade until the 2012-2013 school year to coincide with full implementation of the testing and accountability changes.”
Eissler, championed a bill last year to ease the grade requirement. It passed the House but couldn’t get past the Senate Education Committee.
Eissler told the Chronicle that the commissioner should be clear on his authority given the House action last year but he would talk to his colleagues about sending written confirmation.
“I talked to Robert (Scott) yesterday,” Eissler told the Chronicle. “I said, ‘You remember what we passed in the House. We should be fine with this.’”
Sen. Dan Patrick was quoted as saying this “isn’t a change in policy…. It’s a clarification of what was always intended going back to 2007.”