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Judy Goddess

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

If you're wondering, "Hey, can they do that to my kid?" ask Judy for help. If you have a question for Judy, just click here to e-mail her now. Your question may appear on-line in this column unless you request that we not publish it. [Index to archived questions]


CURRENT QUESTIONS (most recent at top):

1. Do I have the right to ask for my second-grade daughter to be reassigned to a new teacher?

2. Can our school district deny my children an interdistrict transfer?

3. Will homeschooling my middle school child affect his ability to enter the public high school?


1. My daughter is going into second grade. The tenured teacher she's been assigned to has a bad reputation: very little patience with the kids, doesn't keep up with the curriculum, leaves kids to figure things out for themselves instead of helping, and so on.

I want my daughter placed with a loving and competent teacher. The principal says she needs a written request—and that my child will have to start school first and then switch if they can find room for her in another class.

Is there anything else I can do?

The principal gave you the best answer. You must submit a written request and hope the school can find room for your daughter in another class. It won't be enough to say that, for example, you've heard the teacher lacks patience; you'll need to list specific reasons why another teacher would be more appropriate for your daughter.

If an immediate transfer can't be arranged, you'll need to write another letter, citing one or more specific incidents of the teacher's behavior that have negatively affected your daughter. This means you'll have to listen carefully to your daughter's accounts of her time at school—and since young students have a hard time realizing that their teacher can do anything wrong, it may take several months before your daughter questions her teacher's behavior. There is also the possibility that this teacher is better than her reputation suggests. You can gather information by observing or volunteering in the classroom—and your volunteering may help alleviate some of the pressure the teacher feels.

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2. For the past four years, my children have attended elementary and middle schools in a neighboring school district. We have interdistrict transfer permits, which I renew every spring. However, this year my home schools say they won't grant the permits, because the district will lose money. I thought that as long as the receiving schools are willing to accept the transfer, then my home district can't hold our children. Now I don't know what to do.

A couple of strategies may be useful. First, is your home school what's labeled a "failing" school, that is, a school that does not meet its "adequate yearly progress" goals (AYP)? If that's been the case for two years, then you have an absolute right to transfer your children to another, succeeding school.

Second, I'm not sure what argument you used to arrange the initial transfer, but if it had to do with childcare needs, that remains effective throughout the child's elementary school career as long as the child continues to receive childcare in the district. That's in section 46601.5 of the California Education Code. Even if childcare wasn't the pressing need, the same section of the Code "encourages" receiving districts to retain interdistrict transfer students from elementary through high school.

Third, you have the right to appeal your home district's decision. The district that denied the transfer has the responsibility to advise you of your right to appeal to the county board of education. That's in section 46601 of the Education Code. Many public libraries also carry copies.

If you need some help with this process, you might contact Mary Chenier at the California Department of Education. She can help you through this process.

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3. My eighth grade son is having significant problems at school. I'm considering pulling him out and homeschooling him for now, and then trying again with public school next year. Are there any issues that could prevent him from being allowed to go to the public high school?

There are several varieties of homeschooling. The way to address your concern—what happens when your son tries to enter high school—is to develop a contract for independent study with his current school. This will lessen any resistance he may face when he tries to enter high school.

You and the school should develop a written agreement, or contract, that covers the following issues:

  • The short- and long-term learning objectives that your son needs to meet before he can enter high school;
  • Weekly and monthly assignments;
  • The tests or work products that will be used to assess his progress;
  • Regularly scheduled meetings with the supervising teacher, you, and your son to support his learning and any issues that might arise.

The school can loan you books and may encourage you to attend teacher-training workshops, if it offers any. It may also allow your son to participate in field trips, sports teams, or other activities.

Schools are more receptive to homeschooling when parents work through the school, because this does not cut off funding they receive for student attendance (ADA, or average daily attendance). Under a school-endorsed independent study program, the school will designate someone on staff as the supervising teacher, or primary contact.

The only caveat is that your local school board must have already established a policy relating to independent study. Most districts have, but if yours hasn't, ask your county office of education to direct you to a district that does accept independent study.

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