Ask an Expert: Judy Goddess
Using California School Law To Advocate For Your Kids

HOLDING A THIRD GRADER BACK A YEAR

Because my son is not achieving, his teacher insists that he repeat third grade. What are my rights?

If your son were in kindergarten, you would have an absolute right to demand that the school promote him. Promotion from other grades, however, is a different matter.

The state legislature has given local school districts the right to develop their own policies and standards for promotion and retention. Some districts refuse to promote non-achieving students; others believe that repeating a grade is not the best way to master a subject and can cause the student to have social problems and diminished self-esteem. However, whatever the district's policy, schools often honor a parent's persistent request that their elementary-age child not be retained.

The situation changes when the student reaches high school age. At one time, high schools were forced to admit all students with an eighth-grade certificate; today, however, districts may refuse to accept any student younger than 15 who does not meet their entry criteria. Any student between the ages of 15 and 18 must be admitted to high school regardless of his or her academic achievement.

Retention and its opposite, social promotion (promoting students strictly on the basis of age and attendance) are volatile subjects. Critics of social promotion maintain that promoting a student who has demonstrated that he cannot do the work is setting that child up for failure and loss of self-confidence. Social promotion, they claim, is irresponsible and conveys a lack of concern for the child. Supporters argue that retention has not been demonstrated to increase learning or learning readiness or to improve socialization, and may also lead to diminished self-esteem and discipline problems. If a child has had a difficult year, there's not much point in repeating it.

Both sides agree, though, that students who are having problems learning should get academic and other help if they are to succeed in the classroom. In the case of vision or hearing problems, the school can often provide remedial treatments which may be as simple as moving the student to the front of the classroom. Unfortunately, more complex additional services can be expensive, and although districts are legally obligated to serve these students, it may take persistence on your part to receive these services.

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