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Ray, Lawyer
Category: Legal
Satisfied Customers: 42303
Experience:  30 years in civil, probate, real estate, elder law
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what is the law for holding our child back a grade in school

Resolved Question:

what is the law for holding our child back a grade in school? He is in the Poway Unified school district. He failed 3 subjects last year and they want to make him a Senior this year and another year as a Senior 5th year. We want to retain him as a Junior instead of him being a senior twice. The district does not want to have him repeat his Junior year even though he failed it.
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
Thanks for your question.There is no law here that governs.Parents ultimately make this call here.Don't let them bluff you out of your right to decide the matter.You have parental right to make the call here in the best interests of the child.
Customer: replied 7 years ago.
I sent you additional info and questions...did you receive it??
Expert:  Ray replied 7 years ago.
No can you just paste it here as a reply.
Customer: replied 7 years ago.

Oh Darn it. I didn't copy it .. OK, here goes, I am seeing the super of the district on Monday and need to have some "facts" to argue with. They have already stated that it is not their policy to hold or retain a kid. They just move them to the next grade level and call them Senior defficient credits, which would be my sons grade if he is matriculated as they want to do. I DO NOT want him to be a senior will be devasting to him to deal with that as he knows he can't graduate with the other REAL seniors.. Another issue is that the new highschool just opened 2 blocks from me and I want my son to do there. They are only accepting 9, 10 and 11th graders and since they want to move my son on, they call him a Senior so he can not attend the new school. Now, next year they will accept Seniors and he could go there then, as he is doing his 2nd Senior year. I give you this backround info just so you may understand what I am dealing with. You stated that there is NO law regarding this but I don't think they are going to cave into that, so I need more to go in there with. I don't see any reason why my son can't be a Junior again, as he is now defficient in credits so he has to go the extra year. Please advise me as to how to handle and approach this. Thank you so much.

Expert:  Ray replied 7 years ago.
You just need to hold firm here.Its as much about him getting to go to the new school.I? don't see any reason legally why he can't repeat here as a junior.I mean they have the courses he needs as well as the other school.The law here isn't the issue.You can argue here that the parent knows best and refuse to take no for an answer.
Customer: replied 7 years ago.
OK, I just wasn't sure if I had the law on my side so to speak...what I need them to do is to officially change my sons grade in the computer system as colleges issues are going to, when a college asks for his transcripts, what years would actually be his 10th and 11th grade if they just move him on. Also, my son plays BB and CIF would require that his grade be correct and NOT allow him a 5th year and called a 12th grader twice. Its all a mess and could easily be recrified by calling him a junior again. So I guess I want to know how I "refuse to take NO" for an answer. I know how to argue, just don't know how to MAKE them do it. Should I tell them I am going to file for due process?? The grade change in the computer system is essential.
Expert:  Ray replied 7 years ago.
I think that eventually you will wear them down to what you want.They may not like it but you can threaten a lawsuit here as the parent .The botXXXXX XXXXXne is the parent has right to hold him back if they want.
Customer: replied 7 years ago.
OK, I am going to just state that to them then. I am NOT going to give in and if I have to, I will file for due process. I was just hoping to have the law on my side. BTW, I live in California, does that make a difference in this matter?
Expert:  Ray replied 7 years ago.
There is no law in California here that covers this issue here either way.But as parent you should be the person that decides here so keep on here until you get your way.Thanks for the chat here.
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Customer: replied 7 years ago.
Thank you for all your help. It was a great service and nice to be able to chat with more questions. I am going to accept your answer. How will I contact you in the future??