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Sausalito Marin City SD |  AR  5123  Students


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Acceleration from Kindergarten to First Grade

A student enrolled in kindergarten may be admitted to the first grade at the discretion of the Superintendent or designee and with the consent of the parent/legal guardian, upon determination that the child is ready for first-grade work. (Education Code 48011)

Admission shall be subject to the following minimum criteria: (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.

4. The physical development and social maturity of the student are consistent with his/her advanced mental ability.

5. The parent/legal guardian of the student has filed a written statement with the school district approving the placement in first grade.

Continuation in Kindergarten

Students who have completed one year of kindergarten shall be admitted to first grade unless the parent/legal guardian and the district agree that the student shall continue in kindergarten for not more than one additional school year. (Education Code 48011)

Whenever a student continues in kindergarten for an additional year, the Superintendent or designee shall secure an agreement, signed by the parent/legal guardian, stating that the student shall continue in kindergarten for not more than one additional school year. (Education Code 46300)

For each kindergarten student who is retained, the kindergarten teacher shall develop an "Intervention Plan" outlining individualized, intensive, differentiated instruction to be implemented during the second kindergarten year.

Retention at Other Grades

The Superintendent or designee shall identify students at every grade level between grades 1 and 9 who should be retained or who are at risk of being retained. (Education Code 48070.5)

Students between grades 1 and 2, 2 and 3 and 3 and 4 shall be identified primarily on the basis of their level of proficiency in reading. Proficiency in reading, English language arts and mathematics shall be the basis for identifying students between grades 4 and 5, and between 5 and 6 or intermediate and middle school grades, and between middle school grades and high school grades. (Education Code 48070.5)

(cf. 6142.91 - Reading/Language Arts Instruction)

(cf. 6142.92 - Mathematics Instruction)

Students shall be identified for retention on the basis of statewide assessment (STAR Program), results and grades and other indicators of academic achievement, as established by Board policy.

For students who have been identified as eligible for special education and related services, promotion and retention determinations shall be made in accordance with alternative standards to the extent specified in their Individualized Education Plans.

Teachers who are considering recommending a student for retention must first bring all relevant test results, grades, and other indicators of academic achievement to a Child Study Team meeting for consideration of the proposed action. After consultation with the Child Study Team, teachers may identify a student for retention.

If the student does not have a single regular classroom teacher, the principal or designee shall specify the teacher(s) responsible for the decision to promote or retain the student. (Education Code 48070.5)

An annual Child Study Team meeting shall be held for each student who has been retained to review his/her Individual Learning Plan (ILP). The ILP includes California Standards test data, school and or grade level assessments in reading language arts and math, a writing sample from each grade level, and information regarding any additional support provided to the student. The Child Study Team shall develop or update the student's existing Intervention Plan, which shall outline individualized, intensive, differentiated instruction to be implemented during the succeeding school year.

(cf. 5121 - Grades/Evaluation of Student Achievement)

(cf. 6162.5 - Student Assessment)

Students may be (1) promoted to the next grade (2) promoted with an Intervention Plan (3) retained with an Intervention Plan.

Generally, students shall not be retained more than once during their elementary and middle school years. (i.e. first through eighth grade). If a student is identified as performing below the minimum standard for promotion, the student shall be retained in his/her current grade level unless the student's regular classroom teacher 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 teacher, are necessary to assist the student in attaining acceptable levels of academic achievement. (Education Code 48070.5)

If the teacher's recommendation to promote is contingent on the student's participation in a summer school program or other instructional program, the student's academic performance shall be assessed at the beginning of the program and then reassessed at the end of that program, and the decision to retain or promote the student shall be reevaluated at that time. The intervention teacher's evaluation shall be provided to and discussed with the student's parents/legal guardians and the principal before any final determination of retention or promotion.

When students are placed in a summer school program, or other intervention programs, their Intervention Plan shall be updated as appropriate and implemented during the program. Intervention teachers shall review their students' Intervention Plans at the commencement of the program and plan instruction accordingly.

(cf. 6177 - Summer School)

(cf. 6179 - Supplemental Instruction)

When a student is performing below the minimum standard for promotion, the Superintendent or designee shall so notify the student's parent/legal guardian(s) as early in the school year as practicable. Parent(s)/legal guardian(s) of students in elementary school will be notified in writing at the end of the first trimester if retention is under consideration for their student. Parent(s)/legal guardian(s) of middle school students will be notified at the end of the first quarter if retention is under consideration for their student. A conference will be held to discuss appropriate interventions.

At the end of the school year the principal and teacher(s) will hold a retention conference with the parent(s)/legal guardian(s) to discuss the teacher's retention/promotion recommendation as well as the student's Intervention Plan.

(cf. 5145.6 - Parental Notifications)

The Superintendent or designee shall also provide a copy of the district's promotion/retention policy and administrative regulation to those parents/legal guardians who have been notified that their child is at risk of retention.

The teacher's decision to promote or retain a student may be appealed consistent with Board policy, administrative regulation and law.

The burden shall be on the appealing party to show why the teacher's decision should be overruled. (Education Code 48070.5)

To appeal a teacher's retention or promotion decision, the appealing party shall submit a written request to the Superintendent or designee specifying why the teacher'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 the decision was based.

Within 30 days of receiving the request, the Superintendent or designee shall determine whether or not to overrule the teacher's decision. Prior to making this determination, the Superintendent or designee may meet with the appealing party and the teacher. If the Superintendent or designee determines that the appealing party has overwhelmingly proven that the teacher'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 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 appealing party, 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 decision of the Board is unfavorable to the appealing party, he/she shall have the right to submit a written statement of objections, which shall become part of the student's record.

(cf. 1312 - Complaints Against the Schools)

(cf. 5125 - Student Records)

(cf. 5125.3 - Challenging Student Records)

Supplemental Instruction

With the parent/legal guardian's consent, the Superintendent or designee may require a student in grades 2 through 8 who has been retained at grade level to participate in a program of direct, systematic and intensive supplemental instruction. Such programs shall be offered during the summer, after school, on Saturdays and/or during intercessions. Services shall not be provided during the regular school instructional day if it would result in the student being removed from classroom instruction in the core curriculum. (Education Code 37252.5)

(cf. 6177 - Summer School)

The Superintendent or designee shall seek the active involvement of parents/legal guardians and classroom teachers in the development and implementation of these supplemental instructional programs. (i.e. addendums to the ILP) (Education Code 37252.5)

In addition, the Superintendent or designee may provide supplemental instruction to students in grades 2 through 6 with low scores in mathematics, reading or written expression, in the following priority order: (Education Code 37252.5)

1. Students who have been recommended for retention or who have been identified as being at risk of retention pursuant to Education Code 48070.5 or district policy.

2. Students who have been identified as having a deficiency in mathematics, reading or written expression based on the results of the tests administered under the Standardized Testing and Reporting program and/or classroom assessments.


approved: February 11, 2010 Sausalito, California