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Law Educator, Esq.
Law Educator, Esq. , Attorney
Category: Legal
Satisfied Customers: 109096
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A question about Californias education laws as they pertain

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A question about California's education laws as they pertain to student attendance and performance.

- student is in grade 6
- student attends CAVA (California Virtual Academy - an online public school) in San Mateo County
- student completed 100% of study material prescribed by CAVA/California for grade 6 for the current school year; all school work was completed in April.
- student is currently in Europe, with a parent, attending a regular school there; the goal is exposure to a normal educationanl experience in a foreign language. The student is plenty busy with school work in Europe and does not need extra work for school in California
- student completed STAR testing in California for the current school year
- student will return to California in early June, before the end of the current school year, so that CAVA-administered Scantron test at the end of the school year can be taken by the student
- CAVA now says that student is not making sufficient study progress in CAVA program in the month of May and wants student to study lessons from the 7th grade. This feels as if CAVA wants to force the student to do extra/unjustified work for the next grade so that CAVA will be able to crow that its students are advanced learners.

So, I am wondering:
1) Is there a legal requirement in California that certain amount of study progress is made by a student in each month of the school year? Or does the law only require that a student must complete 100% of the prescribed curriculum for the specific grade by the end of the school year?
2) Is there a legal requirement in California that a students must continue with the study of materials for the nbext grade level if the student completed all study materials for the current grade level and thre is still time left in the current school year?
3) Do you have any advice on how to get CAVA off our back efficiently and quickly for the remainder of this school year?

Our first response to CAVA was that their demand for study of materials for the next grade is not reasonable. Asked them to provide us with pointers to regulations that require this. We received no response from CAVA, yet, but I am afraid that they will keep pressing, hence my inquiry here.

Thank you in advance for your input in this matter.

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

1) The CAVA requirements are merely to satisfactorily complete the curriculum and show monthly progress on the curriculum provided for their current school year.

2) There are no requirements about continuing ahead to the next grade level being mandatory. The law is silent on this and the regulations do not state they must progress to the next grade level, just that they must complete each assessment.

3) The only way to deal with CAVA is you have to contact them and demand they provide you with their written rules saying your son has to progress into the next grade level before he has completed this grade level or has to go further once he has completed all assigned assessments for his grade level and completed all testing. You would also need to send them proof of the course of study he is currently engaged in. This is your only way to fight this, as CAVA sometimes makes their rules up as they go along.

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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 109096
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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