Education Law Questions? Ask an Education Lawyer
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I specialize in education law and I have represented public schools in the past so I can help you out. In your case, generally the district is going to be looking to what the rules and policies are regarding promotion and retention. Most of the time, the rules regarding promotion and retention or going to be based on several factors. Those factors include teacher feedback the rules regarding promotion and retention are going to be based on several factors. Those factors include teacher feedback, test scores, and their grades. the school will probably tell you if they believe with all things considered that the child should be moved up to the next grade, then that's what they are going to do. Parents generally do not have an absolute right to hold their child back a grade at all if the district policies are consistent with moving the child up.
This is where it's going to be important that you use your business ociation skills if you truly feel as if your child needs to be retained. One of the things that you could do is make sure that you are bringing the test scores and grades of the child to this meeting to help explain to the administrators that you believe that this is going to do more harm than good. if you have his test scores from previous years and you've seen a decline, be sure to bring that as well.
In the worst case scenario, you may be able to file a complaint with the New York Department of Education explaining that your child is not receiving an education that is Promised by the law. You can explain that because your child needs to be held back, but they are being promoted unfairly, then your child is not receiving the kind of education that is going to help them be successful. What will happen is that the Department of Education will conduct an investigation and look at those same things that I told you to bring, which include the test scores and will also include interviews with the administrators and teachers as well. They may also interview you to make a determination that Mane of overruling the superintendent as well.
Before you rate, did you have any questions for me regarding this?
The answer to your question is yes. They would be able to have him skip the second grade if he meets all of the necessary milestones for 2nd grade. Keep in mind that there are children who are not held back that skip grades all of the time. It is likely that they would need to test him to make sure that he is meeting the third grade benchmarks, but if he does then he would be able to the Advance degrade without having to go through second. Did you have any other questions for me?
Well, the most legal action that you could and should take is through their complaint procedures, explaining that your son is not being educated in a manner consistent with their policies. You can click here to find a copy of the complaint form.
What I have found sometimes is that it is possible to intimidate them, but what I usually recommend saying is, "The law allows us to file a complaint with the state department of education so it's best if we settle this informally."
They may agree with you and they may work on finding something that is going to work out better for everyone.
Also, is your son on an IEP? If not, has he ever been tested for a disability?
An IEP is an individualized education program. Sometimes, students that may be struggling in school maybe dealing with a disability that parents don't know about. For example, he may be dealing with dyslexia or some sort of specific learning Typically, it is the legal obligation of the school district to ensure that they are testing children Who may be suffering from a disability that is impacting their ability to learn in school. If they conduct an assessment of your child and determined that he needs specialized supports and services, things like extended time on homework assignments or maybe a software program that reads the words on his computer to him, then it's going to be written into an individualized education program for him. This may be something that you want to bring up in the meeting to explain that your child has probably not been tested for special education and it's School's obligation to do so.
Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.