Orchard ESD | AR 5123 Students
Continuation in Kindergarten or First Grade
A student shall not attend more than two years in a combination of TK and kindergarten. (Education Code 46300)
Students who have completed one year of kindergarten or one year of first grade shall be admitted to the next grade unless the parent/guardian and the district agree that the student shall continue in kindergarten or first grade for not more than one additional school year. Retention in kindergarten or first grade will only be considered after evaluation by a Student Success Team and parent/guardian of the student has signed the Agreement for Students to Continue in Kindergarten/First Grade. Students shall be identified on the basis of multiple measures of academic achievement. Retention in kindergarten or first grade shall be subject to the following minimum criteria:
1. The student has attended the district program for an adequate period of time to enable school personnel to evaluate his/her ability.
2. The student has shown evidence that he/she has not mastered grade level standards established by the district.
In addition to academic achievement, the following factors may be considered, but are not reason alone for retention:
1. School history, including previous retention
2. Maturation level
3. Social adjustment and motivation
4. Age and physical characteristics
5. Participation in special programs
Whenever the Superintendent or designee and the parents/guardians agree that a student shall continue 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, 48011)
The Superintendent or designee shall not approve a student's continuation in kindergarten until the student has been enrolled in kindergarten for close to one school year.
Retention at Other Grade Levels
When a student is identified as performing below the minimum standards for promotion, the student shall be retained in his/her current grade unless the student's regular classroom teacher determines and notifies the parent in writing, that retention is not the appropriate intervention for the student. If the student does not have a single regular classroom teacher, the principal or designee shall specify the teacher(s) responsible for the decision and notification to promote or retain the student.
The teacher shall prepare a written evaluation specifying the reasons for retention. If retention is not an appropriate intervention for the student, the teacher shall prepare a written evaluation specifying the reasons retention is not recommended and include suggestions for interventions, other than retention, that will assist the student in attaining acceptable levels of academic achievement. The teacher's written evaluation shall be provided to and discussed with the student's parent/guardian and the school principal before any final determination of student retention or promotion. Parents will be given a copy of the appeal process.
In consultation with the principal, the teacher will comply with the following procedures when making the decision to promote/retain a student at risk of retention:
1. The classroom teacher will notify the principal when making a recommendation to promote or retain the student.
2. Students at risk of retention will be processed through the Student Success Team by the classroom teacher.
3. The student will be identified as early in the year as possible and parents will be informed of the student's academic status.
4. The teacher will document classroom instructional interventions and provide parents with appropriate strategies to extend learning at home.
5. Classroom instructional interventions will be provided to assist the student in attaining grade level standards.
6. Student progress will be reassessed following instructional intervention.
7. All communication, conferences, and parent involvement will be documented.
8. Parents will be given a copy of the appeal process when the student is recommended for retention and a subsequent copy will be given when the student is formally recommended for retention.
When a student is recommended for retention or is identified as being at risk of retention, the principal/teacher shall provide intervention strategies. Interventions are designed to assist the student in overcoming academic deficiencies. Intervention programs may be offered during the summer, before/after school, and/or Saturdays. Services may also be provided during the regular instructional day.
Assessment after Instructional Interventions
If a teacher's recommendation to promote is contingent upon the student's participation in a remediation program, the student's academic performance shall be reassessed at the end of the remediation program and the decision to retain or promote shall be reevaluated at that time. The decision will be based upon the student's ability to demonstrate mastery of the grade level standards. The teacher's evaluation of student progress shall be provided to the parent/guardian and time provided to discuss the recommendation before any final determination of retention or promotion is made.
Acceleration/retention is not an option for transitional kindergarten (TK) students. TK is year one of a two-year kindergarten program.
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)
Students in kindergarten and first grade may be considered for acceleration after they have demonstrated compliance with Administrative Regulation 5111 - Admission, and have been placed in the age appropriate grade as specified in Education Code 48000. In addition to meeting this compliance, the following criteria will also apply:
The student is socially, emotionally, and physically capable of performing work in the accelerated grade as determined by the current classroom teacher.
1. The student must have enrolled in and attended the appropriate district program for a minimum of 20 school days before acceleration can be requested.
2. After the minimum number of days has been met, the parent/guardian may submit a written request for acceleration to the next grade. The classroom teacher has 10 school days after the written request is received to complete the necessary assessments, evaluate the results, and make a recommendation to the principal.
3. The student is in the upper five percent of the current grade, based on teacher assessment, and teacher judgment.
4. The student must demonstrate mastery of all grade level standards in all curricular areas in the current grade and possess the ability to perform in the upper 20% of the accelerated grade in all curricular areas.
5. The physical development and social maturity of the student are consistent with his/her advanced mental ability.
6. The parent/guardian of the student has filed a written statement with the district approving the placement in first grade.
Acceleration Grades 2-7
A student may be recommended for acceleration to the next grade or course at the discretion of the administration of the school/district. The student's academic achievement as well as the student's social and emotional growth shall be taken into consideration in making a determination to accelerate a student. Acceleration shall be subject to the following minimum criteria:
Students in grades 2-7 may be considered for acceleration when the following criteria are achieved:
1. The student is socially, emotionally, and physically capable of performing work in the accelerated grade as determined by the current classroom teacher.
2. The student must have enrolled in and attended the appropriate district program for a minimum of 20 school days before acceleration can be requested.
3. After the minimum number of days has been met, the parent/guardian may submit a written request for acceleration to the next grade. The classroom teacher has 10 school days after the written request is received to complete the necessary assessments, evaluate the results, and make a recommendation to the principal.
4. The student is in the upper five percent of the current grade based on State Testing, teacher assessments, and teacher judgment.
5. The student must demonstrate mastery of all grade level standards in all core courses in the current grade and possess the ability to perform in the upper 20 percent of the accelerated grade in all curricular areas. This will be based on state testing, teacher assessments, and teacher judgment.
The decision of the teacher to promote/retain/accelerate a student may be appealed to the district Superintendent/designee. The burden shall be on the appealing party to show why the teacher's decision should be overruled. The decision of the Superintendent/designee shall be final. To appeal a decision to promote/retain, the appealing party shall submit a written request to the principal to be forwarded to the Superintendent/designee specifying the reasons why the decision should be overruled. The appeal must be initiated within 10 regular school days from the determination of promotion/retention.
The Principal or designee of student's attending site shall provide in writing the criteria on which his/her decision was based.
Within 30 days of receiving the request, the Superintendent/designee shall determine whether or not to overrule the site's decision. Prior to making this determination, the Superintendent or designee may meet with the appealing party, the principal, and the teacher. If the decision of the Superintendent/designee is unfavorable to the parent/guardian, he/she shall have the right to submit a written statement of objection which shall become part of the student's record.
Regulation ORCHARD ELEMENTARY SCHOOL DISTRICT
approved: February 26, 2013 San Jose, California
revised: March 13, 2018