Burbank USD | BP 5123 Students
The Board of Education expects students to progress through each grade level within one school year. Toward this end, instruction shall be designed to accommodate the variety of ways that students learn and provide strategies for addressing academic deficiencies as needed.
Students shall progress through the grade levels by demonstrating growth in learning and meeting grade-level standards of expected student achievement.
Progress toward high school commencement shall be based on the student's ability to pass the subjects and electives necessary to earn the required number of credits. The student may also have to meet other requirements as directed by the state and the Board.
The district's academic standards which define what students must know and be able to do are aligned with rigorous Common Core State Standards. Regular assessment of student progress towards meeting these standards must occur in order to determine which programs, services, and strategies are effective in helping students meet these standards, identify needed improvements, and determine the degree to which students and staff are meeting their responsibilities.
(cf. 6011 - Academic Standards)
(cf. 6146.1 - High School Graduation Requirements)
(cf. 6146.5 - Elementary/Middle School Graduation Requirements)
(cf. 6170.1 - Transitional Kindergarten)
When high academic achievement is evident, the teacher may recommend a student for acceleration to a higher grade level. The student's maturity level shall be taken into consideration in making a determination to accelerate a student.
Teachers shall identify students who should be retained or who are at risk of being retained at their current grade level as early as possible in the school year and as early in their school careers as practicable. Such students shall be identified at the following grade levels: (Education Code 48070.5)
1. Between grades 2 and 3
2. Between grades 3 and 4
3. Between grades 4 and 5
4. Between the end of the intermediate grades and the beginning of the middle school grades
5. Between the end of the middle school grades and the beginning of the high school grades
6. The Board directs that students identified as English Learners (also Limited English Proficient-LEP) shall not be discriminated against under this policy or its implementation. English Learners will be given appropriate language acquisition instruction until they are redesignated. They may be advanced from one grade level to the next if evidence based on multiple measures indicates students are making progress towards English language acquisition and achievement of standards.
7. Special Education students' achievement data will be reviewed in relation to the established district academic standards as well as with their Individualized Education Plan (IEP). A site-based IEP team will have the responsibility to make the decision to retain, promote, or accelerate a Special Education student based upon the standards and the students' progress.
8. The Board does not encourage student retention as a means of academic intervention.
(cf. 5121 - Grades/Evaluation of Student Achievement)
Students shall be identified for retention on the basis of failure to meet minimum levels of proficiency, as indicated by the results of state assessments administered pursuant to Education Code 60640-60649 and the following additional indicators of academic achievement:
(cf. 6162.5 - Student Assessment)
(cf. 6162.51 - State Academic Achievement Tests)
1. Students shall be identified for possible retention, or as being at risk of retention, based on failure to meet minimum levels of proficiency, as indicated by grades and district developed and adopted multiple achievement measures for each grade level in the content areas of reading, English language arts, and/or mathematics as required (see AR 5123). (Education Code 48070.5(c))
2. The district's multiple measures are aligned to Common Core State Standards which the Board has adopted for the district for reading, English language arts, and/or mathematics. Assessments are administered at various times of the year as they align with the instructional schedule. Performance on each assessment will be reviewed both separately and cumulatively.
3. Students who are performing at the beginning levels on these measures will not be considered to be making minimum progress and, therefore, may be considered at risk of retention or possibly retained. These students will be required to receive mandatory intervention support to help them succeed and meet grade level expectations (Education Code 48070.5 (h)). Retention will not be considered unless there is evidence that this intervention support occurred.
4. Students between grades 2 and 3 and grades 3 and 4 shall be identified primarily on the basis of their level of proficiency in reading. Proficiency in reading, English language arts, and mathematics shall be the basis for identifying students between grades 4 and 5, between intermediate and middle school grades, and between middle school grades and high school grades. (Education Code 48070.5)
(cf. 6142.91 - Reading/Language Arts Instruction)
(cf. 6142.92 - Mathematics Instruction)
5. The district shall use multiple measures to determine whether students meet established standards and proficiency in reading. These measures must minimally include examples of student work, performance on standardized tests, performance on district grade level assessments and criterion-referenced tests, and final class grade in reading.
6. Between fourth grade and fifth grade, and between the end of the intermediate grades and the beginning of middle school, fifth grade and sixth grade, and between the end of the middle school grades and the beginning of high school, eighth grade and ninth grade on the basis of the student's level of proficiency in reading, English language arts, and/or mathematics.
(cf. 6142.91 - Reading/Language Arts Instruction)
(cf. 6142.92 - Mathematics Instruction)
a. The district shall use multiple measures to determine whether students meet established standards and proficiency in reading, English language arts, and/or mathematics. These measures must minimally include examples of student work, performance on standardized tests, performance on district grade level assessments and criterion-referenced tests, and final class grade in the subject.
7. Promotion or retention of students between kindergarten and grade 1 shall be based on the following, and include the teacher, a Student Study Team (SST), and the principal who shall determine that:
a. Students five years old or older who have completed one year of kindergarten shall be admitted to first grade unless the parent/guardian and the district agree that the student be retained in kindergarten for no more than one additional school year, subject to the following criteria: (Education Code 48011 and 46300)
* The student has not met standards of expected academic achievement as determined by observation, assessments, and multiple measures.
* Documented remedial help for the student has not sufficiently prepared the student for advancement to first grade.
* The required "Agreement for Student to Continue in Kindergarten" form has been completed, signed, dated prior to the student's anniversary of enrollment date, and placed in the student's cumulative folder.
b. A student currently enrolled in kindergarten may be admitted to the first grade at the discretion of the principal and upon determination that the student is ready for first grade work. Admission shall be subject to the following minimum criteria (California Code of Regulations, Title 5, Section 200):
* The child is at least five years of age.
* The child has attended a public school kindergarten for a long enough time to enable school personnel to evaluate his/her ability.
* The child has demonstrated mastery of kindergarten standards in English language arts and/or mathematics.
* The physical development and social maturity of the child are consistent with his/her advanced mental ability.
* The parent/guardian/caregiver of the child has filed a written statement with the school district approving the placement in first grade.
8. If retention of a student between grades 1 and 2 is considered, the teacher and Student Study Team in conjunction with the principal shall determine that:
a. The student has not met grade-level standards of expected academic achievement.
b. Documented remedial help for the student has not sufficiently prepared the student for advancement.
c. Appropriate treatment targeted to the student's needs will be provided for the retention.
d. Parent/guardian agreement is suggested but not required.
9. Promotion or retention of student between grades 6 and 7 and Grades 7 and 8 shall be on the basis of the student's level of proficiency in reading, English language arts, and/or mathematics and shall follow the same procedure as required at other grades at the middle school level.
Promotion or Retention of Students
1. Education Code 48070.5 (d) requires the Board to include in its policy that if a student's grades and other indicators of academic achievement designated by the Board identify that a student is performing below the minimum standards for promotion, then the student shall be retained in his or her current grade level.
2. If a student is identified by the teacher and principal as performing below the minimum standard for promotion, the student shall be retained in his/her current grade level unless the student's regular classroom teacher recommends, in writing, to the principal and the Student Study Team that the retention is not the appropriate intervention for the student's academic deficiencies. This recommendation shall specify the reasons that retention is not appropriate in the opinion of the teachers and also specify the interventions that are necessary to assist the student in attaining acceptable levels of academic achievement. (Education Code 48070.5)
3. When the teacher's recommendation through the Student Study Team is to promote contingent on the student's participation in an instructional intervention strategy (e.g. before and/or after school program, summer school, etc.), the student's academic performance shall be reassessed at the end of the remediation program, and the decision to retain or promote the student shall be reevaluated at that time. The teacher's evaluation shall be provided to, and discussed with, the student's parent/guardian/caregiver and the SST before any final determination of retention or promotion is made. (Education Code 48070.5 (e))
4. The process for retention shall include the following: (Education Code 48070.5)
a. A student's teacher and principal shall determine whether or not the student meets the minimum standard for promotion between second grade and third grade, and between third grade and fourth grade based on performance in reading; and between fourth grade and fifth grade, fifth grade and sixth grade, and eighth grade and ninth grade based on performance in reading, English language arts, and/or mathematics as identified in this policy.
b. A student's teacher and principal shall normally make the final decision to promote or retain at the end of the school year when final grades have been determined. This policy requires that a decision to retain a student, absent unusual circumstances, shall be made only after a parent, guardian, or caregiver has received a minimum of three written notifications during the school year that the student was at risk of being retained at the end of the school year, and opportunities for remedial instruction were made available to the student during the school year.
c. Retention of a student in the district shall normally be limited to one time only at the elementary level and one time only at the middle school level.
d. Teachers and others playing a role in decisions related to promotion and retention are encouraged to consider factors in addition to multiple measures when making recommendations. These factors may include:
* A student's age in comparison to the ages of others in the grade level.
* Health or health-related issues.
* Previous retention.
* Social maturity and adjustment.
* Adjustment issues, emotional problems, history of behavior.
5. A student's teacher and principal shall make any decision to retain the student. Any such decision shall be in writing and shall provide the reasons for the retention. The parent/guardian/caregiver will be given an opportunity to consult with the teacher both before and/or after the decision to retain the student.
6. If a student does not have a single regular classroom teacher, the Superintendent or designee shall specify the teacher(s) responsible for the decision to promote or retain the student. (Education Code 48070.5)
a. In such cases for students enrolled in grades 4 and 5, the principal shall specify the teacher or teachers responsible for the student's instruction in reading, English language arts, and/or mathematics.
b. In such cases for students enrolled in grades 6-8, the principal or designee will specify the teacher or teachers responsible for the student's instruction in reading, English language arts, and/or mathematics.
7. Students and parents/guardians/caregivers shall receive sufficient advance notice when a student does not meet standards and is at risk of not being promoted to the next grade level. This notification will occur as early in the school year and as early in the student's school career as practical. (Education Code 48070.5 (g))
8. The decision to promote or retain a student may be appealed in writing by the parent/guardian/caregiver and filed within 15 school days of the determination of retention or promotion. In some cases a parent/guardian/caregiver may request the retention of his/her child. In the case where a teacher determines that a retention decision is inappropriate, and this determination is appealed, the teacher or teachers shall state in writing the criteria on which his/her/their decision was based. The process of the appeal is outlined in the accompanying administrative regulations. Notwithstanding these administrative regulations, if an appeal is made, the burden shall be on the appealing party to show why the decision of the teacher should be overruled.
9. The Board in this policy hereby determines that the Superintendent is delegated by the Board to make the final decision to promote or retain a student on behalf of the district. (Education Code 35161)
The teacher's decision to promote or retain a student may be appealed in accordance with AR 5123 - Promotion/Acceleration/Retention.
When any student in grades 2-9 is recommended for retention or is identified as being at risk for retention, the Superintendent or designee shall offer an appropriate program of remedial instruction to assist the student in meeting grade-level expectations. (Education Code 48070.5)
(cf. 6176 - Weekend/Saturday Classes)
(cf. 6177 - Summer Learning Programs)
(cf. 6179 - Supplemental Instruction)
Opportunities for Remedial Instruction
When any student in grades 2-9 is retained or recommended for retention, the Superintendent or designee shall offer an appropriate program of remedial instruction to assist the student in meeting grade-level expectations. The Superintendent or designee also may offer supplemental instruction to a student in grades 2-6 who is identified as being at risk for retention. (Education Code 37252.2, 37252.8, 48070.5)
1. Remedial instruction may include differentiated instruction within the classroom program, as well as intensive supplemental instruction outside of the regular school day.
2. With the parent/guardian/caregiver's consent, the principal or designee may require a student who has been recommended for retention or has been identified as being at risk of retention to participate in a supplemental instructional program. Students at risk of retention who do not participate in a supplemental instructional program may be retained if unable to meet district content standards in reading, English language arts and/or mathematics.
3. Such programs may be offered during the summer, before and/or after school, on Saturdays, or at such other times and in such other programs as the district may provide, dependent upon available funding. (Education Code 48070.5 (h))
4. Supplemental instructional programs shall be developed. Intensive supplemental instructional programs shall not be provided during the regular instructional day if it would result in the student being removed from classroom instruction in the core curriculum. (Education Code 37252.2)
5. Intensive supplemental instructional programs shall be provided to students in the following priority order: (Education Code 37252.5)
a. Students who have been recommended for retention or who have been identified as being at risk of retention. (Education Code 48070.5)
b. Students who have been identified as having deficiency in reading or written expression and/or mathematics based on the results of district multiple measures.
c. Students who have been retained at a grade level.
Acceleration of Students to a Higher Grade Level
1. A student in the district will be accelerated only after thorough study has been given which indicates that acceleration would be in the best educational interests of the student concerned and the student is performing above the standard for promotion from the next grade level demonstrated by a superior level of performance as measured by assessments, multiple measures, and such other instruments as may be appropriate. This study will be undertaken by the teachers(s), Student Study Team (SST), and school principal. Other school personnel may be involved as recommended by the school principal.
2. Any such decision to accelerate a student shall be in writing and shall provide the reasons for the acceleration rather than the promotion. The decision regarding acceleration will be made by the principal with the concurrence of the parent/guardian/caregiver. When acceleration is recommended, it will be undertaken in the manner most advantageous to the student. Acceleration beyond the next grade level shall take place at the end of the school year.
3. When accelerated placement of a student involves placement in the middle school level from the elementary level or to the high school from the middle school level, appropriate coordination will be the responsibility of the sending school. Concurrence of the principal of each school and the parent/guardian/caregiver shall be obtained before accelerated placement is initiated.
46300 Method of computing average daily attendance
48010 Admittance to first grade
48011 Promotion/retention following one year of kindergarten
48070-48070.5 Promotion and retention
56345 Elements of individualized education program
60640-60649 California Assessment of Student Performance and Progress
CODE OF REGULATIONS, TITLE 5
200-202 Admission and exclusion of students
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
FAQs Promotion, Retention, and Grading (students with disabilities)
FAQs Pupil Promotion and Retention
Kindergarten Continuance Form
California Department of Education: http://www.cde.ca.gov
Policy BURBANK UNIFIED SCHOOL DISTRICT
adopted: November 21, 2019 Burbank, California