Education Code 48070.5 and Administrative Regulations 5123(b)
As early as possible in the school year and in students’ school careers, students shall be identified who should be retained and who are “at-risk” of being retained in accordance with Law, Board Policy, and Administrative Regulation. Students shall be identified on the basis of multiple measures, of academic achievement as stipulated by the West Covina Unified School District.
When a student is recommended for retention and/or is identified as being “at-risk” for retention, opportunities shall be provided by the district for intervention. Supplemental instruction will be given to assist the student in overcoming his/her academic deficiencies. Such mandatory instructional programs may include but are not limited to tutorial, after-school instruction, Summer School, Saturday School, and/or the meeting of a Student Success Team (SST).
Any English Language Learner (ELL) who is also identified as a special needs student should only be considered for retention if he/she is not progressing toward reaching the English Language Development (ELD), Mathematics, and Language Arts goals identified in his/her Individualized Education Plan (IEP). A Student Success Team (SST) will make such a determination.
Districts receiving special education funding are required to comply with both the Individuals with Disabilities Education ACT and Section 504 of the Rehabilitation Act of 1973.
The Superintendent or designee shall provide a copy of the district’s promotion/retention policy and administrative regulation to those parents/guardians who have been notified that their child is “at-risk” of retention. This information shall be available at the first grading period after enrollment and/or conference period, along with recommended academic interventions.
Procedures for Appeal
The school’s decision to promote or retain a student may be appealed consistent with Law, Board Policy, and Administrative Regulation. The burden shall be on the appealing party to show why the decision should be overruled.
To appeal a decision, the appealing party shall submit a written request to the Superintendent or designee specifying the reasons why the school’s decision should be overruled. The appeal must be initiated within 10 school days of the determination of retention or promotion. The teacher/school shall be provided an opportunity to state orally and/or in writing the criteria for his/her decision.
Within 15 days of receiving the request, the Superintendent or designee shall determine whether or not to overrule the school’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 school’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 of Education within 15 school days. Within 30 days of receipt of a written appeal, the Board of Education 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. The decision of the Board of Education shall be final.
If the decision of the Board is unfavorable to the appealing party, he/she shall have the right to submit a written statement of objection, which shall become part of the student’s record.