What laws govern teachers and grading assignments?
Section 28.0216 of the Texas Education Code states that “a school district shall adopt a grading policy” and that the policy:
- Must require a classroom teacher to assign a grade that reflects the student’s relative mastery of an assignment. Simply put, a grade should accurately reflect how well a student demonstrated they learned the material.
- May not require a teacher to assign a minimum grade for an assignment without regard to the student’s quality of work. For example, a district could not require a teacher to assign a minimum grade of 50 on every assignment regardless of the quality of the student's work.
- May allow a student a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade. Whether to provide such an opportunity is a local policy decision.
While this law requires that grades be determined by the student’s work, these particular requirements address grades on class assignment and examinations. They should be distinguished from the separate statutory provision governing the finality of an examination or course grade under Section 28.0214 of the Texas Education Code. As explained below, what constitutes sufficient mastery of the subject matter required to pass a course is largely a local decision.
Can an administrator change a teacher's grade?
Texas law gives a teacher's examination or course grade a significant degree of finality provided the grade is not arbitrary, erroneous, or inconsistent with the applicable district grading policy. The statute does not define “arbitrary” or “erroneous,” but in practical terms:
- An arbitrary grade might involve an unreasonable or irrational grading decision, such as a teacher failing a student's essay for a single misspelled word.
- An erroneous grade might result from a demonstrable mistake, such as a mathematical or recording error, like accidentally counting 15 wrong answers when there were really only 12.
- A grade may also be changed if it is not inconsistent with the applicable district policy. For purposes of §28.0214, a teacher or administrator's informal preference does not necessarily constitute district policy. However, board policy may delegate authority to administrators or provide for campus-level procedures, so the specific district's policy and any authorized administrative regulations should be reviewed.
Student promotion
Section 28.021 (a) of the Texas Education Code states that “[a] student may be promoted only on the basis of academic achievement or demonstrated proficiency of the subject matter of the course or grade level.”
The law goes on to provide in Subsection (c) that in determining whether a student should be promoted, the district must consider the recommendation of the teacher, the student’s grades, the student’s score on state testing instruments, and any other relevant information. Although §28.021 requires districts to consider these factors, it does not establish a single statewide formula for weighing them in every promotion decision. Other statutes impose additional requirements for particular grade levels, assessments, and circumstances.
Finally, Subsection (e) provides that the commissioner of education will provide guidance to districts based on best practices. Texas law leaves substantial discretion to districts in establishing their grading policies and determining how academic achievement is evaluated, but that discretion is subject to state-law requirements governing grading, promotion, assessment, and other aspects of student advancement.
Published/reviewed: Aug. 27, 2026