The classroom teacher is responsible for the decision to retain or promote a student based on the criteria outlined in the local school district policy. When a student has one or more teachers, the LEA shall designate which ones will be responsible for the decision. If the student meets or exceeds the criteria, the student will be promoted to the next grade. If the student does not meet the criteria, the teacher can select to promote the student based on in-class and other district-wide measurements. If the teacher decides to promote the student, he/she would present a written statement that includes the reason that retention is not warranted and recommendations for interventions to attain an acceptable level of performance. If the final recommendation to promote is based on successful completion of a district intervention program, the student shall be reassessed at the end of the program and the decision to promote or retain would be made at that time. The decision of the teacher shall be discussed with both the parent and principal prior to the decision being finalized. For parents that do not agree with the decision to retain their student, the LEA shall have an established appeal process. The burden of proof is on the part of the party appealing the t eacher’s decision. For students exhibiting high academic achievement, the Superintendent or designee may recommend that a student be accelerated to a grade higher than their current placement. The student’s emotional and social growth would be taken in ac count prior to a decision of this nature being made on behalf of the student.
Section A – Student ’s with Special Needs
AB 1626 makes no reference to the issue of students with special needs as they relate to retention and promotion. The Individualized Education Program (IEP) document continues to be the critical process in determining the expected level of performance and achievement. Therefore, retention and promotion issues should be topics of discussion at the student’s annual IEP meeting . Promotion or retention should be based on the level of mastery expected and achieved on the IEP goals and objectives. The IEP team may develop individual promotion standards within the context of the LEA adopted standards. Individual promotion standards should be developed before the first day of school or at the next IEP meeting. Each of the IEP team members should be aware that individualized promotion standards might not meet the LEA requirements for graduating with a diploma. Since IDEA 2004 requires that students with disabilities participate in state and district assessment to the greatest extent possible, the LEA is required to ensure that these students are involved in the core curriculum or an alternate curriculum that is based upon core curriculum. If accommodations are necessary for the student to successfully participate in the curriculum or testing, the IEP team should outline these accommodations in the student’s IEP . Further information on accommodations and statewide assessment are contained in Chapter 16.
If retention is a possibility for a student with special needs, an IEP meeting should be called as soon as possible. The following should be considered at the IEP meeting:
Chapter 6 – Student Promotion and Retention, Desert/Mountain SELPA
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As of 11/26/2007
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