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rayanswers
rayanswers, Attorney
Category: Education Law
Satisfied Customers: 42880
Experience:  Texas lawyer for 30 years representing children and parents.
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I have another question. Do you know of anything that would

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Thanks. I have another question. Do you know of anything that would prohibit a Texas open enrollment public charter school from being able to change their grading policy to grant AP-level extra weight to on-level courses in core subjects for juniors if they spent freshman and sophomore years at the school, but the school did not apply the weighted bump to kids who were either not there in one of their first two years of high school, or neither, transferring in their junior year? So, it's taking the class as on-level, being graded for mastery of on-level, then 1-2 years later, artificially bumping the value is said classes to up the rank of "loyal" students against kids who transfer in with lots of Pre-AP and AP classes from larger public schools, which this school lacks. It's a significant, retroactive bump.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

There is prohibition that I could locate here that would prevent this under the TEA or state law.Your Charter School would be able to implement this as policy if they chose to do so.It is within their regulatory relm for the students of the school.They may choose to do so in fairness to all.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

rayanswers and other Education Law Specialists are ready to help you
Customer: replied 1 month ago.
Did you mean to write, "There is *no* prohibition....?" How is it fairness to all when kids who were there first two years get a 2.5x weighted bump of a normal AP class for an on-level class, and they amortize the weighted GPA over 6 classes for loyalty students but over 8 classes for transfer students, further watering down the transfer students' weighted GPA. The policy benefits kids who have been at the school longer.

No prohibition from them doing it.And it is loaded to the kids that have been there longer but eventually all would be equal of they went to school there the entire time.They are probably trying to recruit and keep kids for their entire school career.But i agree it does penalize a drop in here thats not been there the whole time.

Customer: replied 1 month ago.
It also is only applied to the junior class and gifts on-level classes as they they were honors classes.
Customer: replied 1 month ago.
I am confused by what you wrote. It would never be equal to transfer students. What does your last sentence re "drop" mean? And how can they change grades to reflect mastery to be higher two years later?

And I can see even if the rule doesn't prohibit a constitutional argument or challenge of equal protection might exist in a civil suit.

Equal Protection Clause. The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws".

Equal Protection Clause - Wikipedia

This would affect students in different ways arguably some good some bad.

Customer: replied 1 month ago.
No laws against retroactive? Against dishonest reporting f content mastery? Of only applying policies to specific portions of a class? (That's like saying all redheads should get 100s, but the rest of the class can only get 85s.)
Customer: replied 1 month ago.
What about due process?
Customer: replied 1 month ago.
Do you typically represent districts or parents?

There are constitutional claims here that the courts would have to address if there was a civil suit.The rules on their face might not prohibit something but in the application of the rules here it treats some students unfairly.So Equal protection might come into play here.Strictly students and their parents in my caseload.

Customer: replied 1 month ago.
Does a school board member have to abstain from voting if the policy under consideration directly benefits his own child?

They should abstain.It appears to be a conflict as you state.

Customer: replied 1 month ago.
They should abstain or they must? Is there a law requiring minutes being posted in a timely fashion? They had this board meeting re the policy change in July but they have never posted the minutes--we have om idea if they had a quorum, who voted, etc.
Customer: replied 1 month ago.
Their bylaws require 7 board members, but they only had 4 at the time the policy was passed. Does that invalidate the policy enactment?

The by laws control about whether they must or should abstain.If they had four and the rules state this was a quorum they can vote otherwise they have to have more members to vote.Look at the by laws.

Customer: replied 1 month ago.
Bylaws don't have anything re abstention. If all four were there and all four voted, they have quorum. If there were three and all three voted, or even two of three voted, they'd have quorum. So, not helpful.
Customer: replied 1 month ago.
What recourse is there if they are not in compliance with their own bylaws--for example, they're supposed to have 7 members, but don't?
Customer: replied 1 month ago.
Can policies be deemed illegal if passed by a board that is not in compliance with its own bylaws?

You would have right to sue here and force them to back up and comply with by laws.You can seek damages including legal fees as well.The courts here will hear such a suit and rule on these issues.

Customer: replied 1 month ago.
Are you based in Austin? Is this a case you would be interested in?

I am in the Austin area under terms of service I am not allowed clients only answer questions.Sorry I recently retired.

Customer: replied 1 month ago.
Thanks. We have been looking for an attorney anywhere in Texas to handle this for us. Almost everyone tells us they only represent districts, or they only specialize in special ed or they are incredibly unknowledgeable. Any recommendations?

State Bar here has statewide referral they can find you a lawyer.

Contact us by phone:(###) ###-####(Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m. The call-in service is closed on legal holidays.

Good luck and good night to you.

Customer: replied 1 month ago.
Thanks. Hope you enjoy your retirement!

i sure don't miss the morning traffic that for sure.

Customer: replied 1 month ago.

Good night and good luck here.