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

We have no real problem with our child's teacher, but we believe that she's not as well suited to our child's needs as a teacher in another classroom. Do parents have the legal right to request that their child be moved into another teacher's classroom?

No. There's nothing in the California Education Code that addresses the parents' right to select their child's teacher. Despite the lack of law, however, some schools do allow parents a voice in these decisions, and there's nothing wrong with asking the school to move your child into another classroom. I suggest that you first make an appointment with the principal. Explain why Teacher Y is more appropriate than Teacher X. If the transfer can go through (if there's enough room in the other class, if your request appears reasonable, etc.), the principal will probably ask you to put your request in writing. She needs to balance various administrative concerns, so she'll probably suggest some main points that you should stress in your letter.

As for state law, it gives parents the right to request any school within their district (not any teacher in a given grade), and even that right is not absolute. According to Section 35160.5, districts have the right to maintain racial and ethnic balances among their schools; grant priority to students residing within the attendance area, and to siblings and children whose parents' primary place of work is in the neighborhood; and limit enrollment to schools, or grades within schools, that are at full capacity.

But your situation is not unusual. Parents ask for such switches every year. As long as there is room in the other class, and you pitch your request reasonably, you have a good chance.


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