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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My question is 2 part about the staar test. First, do I have

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My question is 2 part about the staar test. First, do I have the right as a parent to keep my son from going to summer school because of failing the 4th grade math staar test? He is an A student and failed the staar by 1 missed question. We have provided private instruction for my son over the summer by a certified teacher. I do not feel the curriculum or the teacher adequatley prepared my son for the test and being forced to repeat what he already made A's on during the year is damaging to what we are trying to achieve, which is confidence in math. Also, the principal of this school uses summer school as a punishment for not passing the staar. He does not evaluate each child on an individual basis. My son has already been promoted to the 5th grade because passing 4th grade staar is not a requirement for promotion.
The second part of my question is a matter of test scores being private. The principal pulled the kids out of the class they were in (9-10 out of a class of 20) as group into the hall and told them they had failed the staar and since they did not pass they were all going to summer school. My son was embarassed and humiliated that everyone then knew he had not passed the staar. Staar test scores/results are confidential. Is this considered a violation of FERPA?

Thank you for your question. Please permit me to assist you with your concerns. TO ensure I do not miss anything, I will go down the line with your specific concerns.

My question is 2 part about the staar test. First, do I have the right as a parent to keep my son from going to summer school because of failing the 4th grade math staar test?
No, you do not. Going to summer school is necessary if mandated by the school district. You can avoid summer school if you choose to home-school your child and take him out of the school system. But if he remains within the system and the district makes a determination, right or wrong, that he needs summer school, withholding him would violate state law.

He is an A student and failed the staar by 1 missed question. We have provided private instruction for my son over the summer by a certified teacher. I do not feel the curriculum or the teacher adequatley prepared my son for the test and being forced to repeat what he already made A's on during the year is damaging to what we are trying to achieve, which is confidence in math. Also, the principal of this school uses summer school as a punishment for not passing the staar. He does not evaluate each child on an individual basis. My son has already been promoted to the 5th grade because passing 4th grade staar is not a requirement for promotion.
I am sorry to hear that, but such use of summer school does not violate state laws. The school can compel students to go to summer school if additional improvement is required.

The second part of my question is a matter of test scores being private. The principal pulled the kids out of the class they were in (9-10 out of a class of 20) as group into the hall and told them they had failed the staar and since they did not pass they were all going to summer school. My son was embarassed and humiliated that everyone then knew he had not passed the staar. Staar test scores/results are confidential. Is this considered a violation of FERPA?
Yes, it is, provided that the test scores are intended to be provided in private. No school, school administrator, teacher, counselor, or other party to the district can openly disclose test results to anyone but the child or the child's parents or guardians.

Good luck.

Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


What about Texas Education Code Chapter 26. Parental Rights and Responsibilities Sec. A26.010. Exemption from Instruction?

Rachel,

That code permits removal when the instruction itself interferes with the parent's moral or religious beliefs. I am not sure how summer school would qualify. That clause is typically used for classes such as sex education where the parent may exert legitimate concerns or pressure put forth onto the student and his education. But using that code to avoid summer school won't work--I just do not see how it interferes with religious or moral beliefs.


Good luck.