My daughter's teacher wants her to repeat kindergarten. My daughter isn't slow, but she's shy and sometimes won't answer questions for fear of being wrong. I feel it will only harm her to be held back at such an early age. I also plan on getting her a tutor to help her with any problems. Can I refuse to let the school hold her back?

While it may sound like the teacher has already decided that your daughter should be held back, technically she is only making a recommendation. As the parent, you may appeal. But the burden of proof is on you, and you'll need to make a very good case as to why the teacher's recommendation should be overruled.

Find out the appeals process established by your district in relation to promotion and/or retention. If you can't get that information at the school, then call your district office. Follow the process and make sure you have a good argument as to why your child should be promoted. Parents who think their child should be held back even though the teacher is recommending promotion must follow the same appeals process.

You can also find helpful information in Section 48070-48070.5 of the California Education Code. It discusses the responsibility of the school board to develop a promotion and retention policy, which includes an opportunity for a parent to appeal the teacher's decision.

In your specific case, hiring a tutor would seem an excellent argument. The teacher could then assess your daughter's progress after she has worked with the tutor for a while (see 48070.5 [d][1]). Also, note that the current thinking among those who favor retention is that it's better to hold a child back in the early school years rather than when they're older.