CLASS RANK: LEGAL ISSUES

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CLASS RANK LEGAL ISSUES

• Presented by Jim Walsh
• Walsh, Anderson, Brown, Schulze Aldridge, P.C.

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LOOK UP YOUR POLICY

• Policy EIC (Local) addresses class rank issues

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ISSUES TO CONSIDER IN POLICY

• Do all classes count?
• Will you give different weight to different
  courses?
• How do you handle transfer credits?
• Are transfer students eligible for honors?
• When do you decide class rank?
• How do you break a tie?

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DO ALL CLASSES COUNT?

• Correspondence courses?
• CBE?
• H.S. courses taken at junior high?
• Summer enrichment?
• Alternative ed programs?
• Local credit courses?
• Grades from non-accredited schools?

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WEIGHING THE COURSES

• Grades can be weighted based on academic rigor of
  the class
• Look at each class individually
• Re special ed, consider if the content of the
  class is reducedif not, do not lower the weight

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TRANSFER CREDITS

• TEA has upheld policies that allow honors
  credit for transfer students only if the
  receiving district also offers an honors version
  of the class. Erin C. b/n/f Polly C. v. Sinton
  ISD, No. 477-R5-795 (1-7-97).

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TRANSFER CREDITS PART DEUX

• Federal court upheld a school policy that
  required students transferring from nonaccredited
  private schools to submit to proficiency testing
  before receiving class credit.
• Hubbard v. Buffalo ISD, 20 F.Supp. 1012 (W.D.
  Tex. 1998).

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TRANSFER STUDENTS

• Due to Top Ten Percent law, TASB recommends that
  all students be included in class rankings,
  including transfer students.
• TASB notes that T.E.C. 51.803 (10 law) does not
  authorize any exclusions

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WHEN TO DECIDE

• Class rank shall be based on the end of the 11th
  grade, middle of the 12th grade, or at high
  school graduation, whichever is most recent at
  the application deadline. 19 T.A.C. 5.5(d)(1).

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TIE BREAKERS

• More decimal points?
• Cast lots?
• Number of AP or Honors classes taken?
• SAT scores?