Santa Clara 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 Student Success Team 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 Student Success Team 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 as determined by district assessment.
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 district approving the placement in first grade.
Continuation in Kindergarten
Whenever the Student Success Team and the parents/guardians agree that a student shall continue in kindergarten for an additional year, the Student Success Team 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)
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 state testing, teacher observation, and district multiple measures (student work, grades, assessments), the student shall be retained in his/her current grade level unless the Student Success Ream 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 Student Success Team, are necessary to assist the student in attaining acceptable levels of academic achievement. (Education Code 48070.5) No student shall be retained more than one time in grades K-8.
(cf. 5121 - Grades/Evaluation of Student Achievement)
(cf. 6162.5 - Student Assessment)
(cf. 6162.51 - State Academic Achievement Tests)
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. 6176 - Weekend/Saturday Classes)
(cf. 6177 - Summer Learning Programs)
(cf. 6179 - Supplemental Instruction)
Student Success Team
At the beginning of the school year each principal or designee shall compile a list of all students identified as being at risk of retention based on individual results of the prior year's district grade level performance standards assessments.
The Student Success Team shall be responsible for the decision to promote or retain the students.
A special education student who has not met district grade level performance standards may be recommended for promotion if he/she is demonstrating progress toward annual goals, including benchmarks or short term objectives as written in the Individualized Education Program (IEP) and approved by IEP Team.
An English Learner who has not met district grade level performance standards may be recommended for promotion if:
1) length of time in the district English language development program is less than five years,
2) progress is demonstrated on the annual English Language Proficiency Assessment and
3) satisfies the conditions stated in the District's Master Plan for English Learners.
When a student is identified as being at risk of retention, the teacher shall so notify the student's parents/guardians as early in the school year as practicable. The student's parents/guardians shall be provided an opportunity to consult with the Student Success Team responsible for the decision to promote or retain the student. (Education Code 48070).
Whenever a student's parent/guardian appeals the Student Success Team 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)
To appeal the Student Success Team decision, the parent/guardian shall submit a written request to the Superintendent or designee specifying the reasons that the Student Success Team'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 team's decision. Prior to making this determination, the Superintendent or designee may meet with the parent/guardian and the teacher. If the Superintendent or designee determines that the parent/guardian has overwhelmingly proven that the Student Success Team'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 Governing 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 parent/guardian, the teacher, and the Superintendent or 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 final decision is unfavorable to the parent/guardian, 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
Regulation SANTA CLARA UNIFIED SCHOOL DISTRICT
approved: February 24, 1997 Santa Clara, California
revised: June 24, 1999
revised: February 13, 2014
revised: November 8, 2018