Castro Valley USD | AR 5123 Students
Acceleration from Kindergarten to First Grade
Any student who meets the age eligibility requirement and has completed one year of kindergarten shall be admitted to first grade unless the parent/guardian and the Superintendent or designee agree that the student shall continue in kindergarten. (Education Code 48010, 48011)
(cf. 5111 - Admission)
A student who does not meet the age eligibility requirement may be admitted to first grade at the discretion of the Superintendent or designee and with the consent of the parent/guardian upon determination that the student is ready for first-grade work, subject to the following minimum criteria: (Education Code 48011; 5 CCR 200)
1. The student is at least five years of age.
2. The student has attended a public school kindergarten for a long enough time to enable school personnel to evaluate his/her ability.
3. The student is in the upper five percent of his/her age group in terms of general mental ability.
4. The physical development and social maturity of the student are consistent with his/her advanced mental ability.
5. The parent/guardian of the student has filed a written statement with the school district approving the placement in first grade.
Continuation in Kindergarten
Students who have completed one year of kindergarten shall be admitted to first grade unless the parent/guardian and the Superintendent or designee agree that the student shall continue in kindergarten for not more than one additional school year. (Education Code 48011)
Whenever a student continues in kindergarten for an additional year, the Superintendent or designee shall secure an agreement, signed by the parent/guardian, stating that the student shall continue in kindergarten for not more than one additional school year. (Education Code 46300)
Beginning 2014-15, the kindergarten entry age will be students turning 5 on or before September 1. Students who turn 5 on or between September 2 and December 2 will be
eligible by law for a Transitional Kindergarten program. Students in the Transitional Kindergarten program will continue to kindergarten the following year. Students that participate in this two-year program are not eligible for an additional year of kindergarten.
Retention at Other Grade Levels
If a student is identified as performing below the minimum standard for promotion to the next grade level based on the indicators specified in Board policy, the student shall be retained in his/her current grade level unless the student's regular classroom teacher determines, in writing, that retention is not the appropriate intervention for the student's academic deficiencies. This determination shall specify the reasons that retention is not appropriate for the student and shall include recommendations for interventions other than retention that, in the opinion of the teacher, are necessary to assist the student in attaining acceptable levels of academic achievement. (Education Code 48070.5)
If the teacher's recommendation to promote is contingent on the student's participation in a summer school or interim session remediation program, 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 parents/guardians and the principal before any final determination of retention or promotion. (Education Code 48070.5)
(cf. 6177 - Summer School)
(cf. 6179 - Supplemental Instruction)
When a student is identified as being at risk of retention, the Superintendent or designee shall so notify the student's parent/guardian as early in the school year as practicable. The student's parent/guardian shall be provided an opportunity to consult with the teacher(s) responsible for the decision to promote or retain the student. (Education Code 48070.5)
(cf. 5145.6 - Parental Notifications)
The Superintendent or designee shall also provide a copy of the district's promotion/retention policy and administrative regulation to those parents/guardians who have been notified that their child is at risk of retention.
Whenever a student's parent/guardian appeals the teacher's decision to promote or retain a student, the burden shall be on the parent/guardian to show why the teacher's decision should be overruled. (Education Code 48070.5)
The teacher's decision to promote or retain a student may be appealed consistent with Board of Education policy, administrative regulation and law.
The burden shall be on the appealing party to show why the teacher's decision should be overruled. (Education Code 48070.5)
To appeal a teacher's decision, the appealing party shall submit a written request to the Superintendent or designee specifying the reasons that the teacher's decision should be overruled. The appeal must be initiated within 10 school days of the determination of retention or promotion.
The teacher shall be provided an opportunity to state orally and/or in writing the criteria on which his/her decision was based.
Within 30 days of receiving the request, the Superintendent or designee shall determine whether or not to overrule the teacher's decision. Prior to making this determination, the Superintendent or designee may meet with the appealing party and the teacher. If the Superintendent or designee determines that the appealing party has overwhelmingly proven that the teacher's decision should be overruled, he/she shall overrule the teacher's decision.
The Superintendent or designee's determination may be appealed by submitting a written appeal to the Board within 15 school days. Within 30 days of receipt of a written appeal, the Board shall meet in closed session to decide the appeal. The Board's decision may be made on the basis of documentation prepared as part of the appeal process or, at the discretion of the Board, the Board may also meet with the appealing party, the teacher and the Superintendent/designee to decide the appeal. The decision of the Board shall be final.
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
If the decision of the Board is unfavorable to the appealing party, he/she shall have the right to submit a written statement of objections which shall become part of the student's record.
(cf. 5125 - Student Records)
(cf. 5125.3 - Challenging Student Records)
Special Education Students
Special education students' achievement toward meeting district standards will be monitored through progress on their Individualized Education Plan (IEP) goals. The decision to promote or retain special education students will be made by the IEP team. Decisions to refer students for participation in intervention programs will be also made through the IEP.
English Learners (EL) are rarely retained because language acquisition varies widely between individual students. When monitoring EL student progress, staff will use multiple measures including, but not limited to, California English Development Test (CELDT) results, state tests, report card, the SST process and classroom observations. EL students are eligible for all intervention services provided to all students in need of academic and/or social/emotional support.
Regulation CASTRO VALLEY UNIFIED SCHOOL DISTRICT
approved: December 11, 2014 Castro Valley, California