MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Education

By: Representatives Moore, Beckett, Boyd, Byrd, Carpenter, Chism, Currie, Denny, Formby, Howell, Martinson, McLeod, Monsour, Rushing

House Bill 696

AN ACT TO PROHIBIT SCHOOL ADMINISTRATORS AND CERTAIN OTHER FACULTY, STAFF AND EMPLOYEES OF A LOCAL SCHOOL DISTRICT FROM INFLUENCING THE GRADE RECEIVED BY A STUDENT FROM A TEACHER; TO PRESCRIBE THE CIRCUMSTANCES UNDER WHICH A TEACHER MAY CHANGE A STUDENT'S GRADE; TO PROVIDE THAT A TEACHER'S DETERMINATION OF A STUDENT'S GRADE AS A MEASURE OF PROFICIENCY SHALL NOT BE USED TO ASSESS TEACHER PERFORMANCE; TO PROVIDE THAT IT SHALL BE A FELONY FOR VIOLATIONS OF SUCH PROHIBITION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  No school board member, school superintendent, assistant superintendent, principal, guidance counselor, other teachers, or other administrative staff members of the school or the central staff of a local school board shall attempt, directly or indirectly, to influence, alter, or otherwise affect the grade received by a student from his teacher except as otherwise specifically allowed by this section.

     (2)  (a)  A teacher's determination of a student's grade as a measure of the academic achievement or proficiency of the student shall not be altered or changed in any manner by any school official or employee other than the teacher except as provided in this subsection.

          (b)  A school official or employee having authority provided under formally adopted written rules and procedures adopted by the local school board to change a student's grade can take such action only upon it being determined that the grade is an error or that the grade is demonstrably inconsistent with the teacher's grading policy.

     (3)  A teacher's determination of a student's grade as a measure of the academic achievement or proficiency of the student shall not be used in any manner as a basis for assessing or evaluating the teacher's performance except for grade changes occurring in accordance with the provisions of this section.

     (4) Any person found to be in violation of subsections (1) and (2) of this section shall be guilty of a felony and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned not exceeding six (6) months, or both.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.