The following guidelines shall govern student progression from grade to grade:
Classroom teachers are expected to make every effort to identify early those students at risk of failing. The Building Principal and the parents/guardian must be notified promptly if retention is anticipated, and a special support program shall be designed for each child identified as in danger of failing. Such support services may include, but are not limited to, individualized assistance before, during or after the school day; remedial classes; a change in instructional treatment, and, where appropriate, referral to the Committee on Special Education for evaluation.
Elementary level (K-5) At the elementary level, students who successfully complete the grade-level program typically will be promoted. Students who do not make satisfactory progress in one or more basic subjects -- Reading, English, Mathematics, Spelling, Social Studies and Science -- shall have their cases considered on an individual basis and may be retained.
Middle School level (6-8) Students successfully completing the grade level program of courses will be promoted to the next grade level.
High School level (9-12) At the high school level, promotion from one class to the next shall be contingent upon passing all required subjects and the accumulation of 4 or 5 units of credit at each level.
Academic standards. Building Principals shall be responsible for ensuring that written standards for student progress at each grade level are available to parents and others upon request. Such academic standards are to be forwarded to the Superintendent of Schools each year.
Retention. A decision to retain shall be arrived at by consensus from a case conference approach involving the teacher, Building Principal, school psychologist, and parent/guardian. Factors to be considered include teacher recommendation; classroom achievement and attitude; standardized test scores; social, emotional and physical development; results of the family conference; and, for identified students, recommendations by the Committee on Special Education. If a consensus cannot be reached, the decision of the Building Principal shall be final.
At the middle level, eight grade students who fail a core academic subject will need to repeat that course the following school year, successfully complete a summer school course in that subject, or successfully complete a pre-approved alternative program. Seventh and eighth grade students who fail two or more major subjects will be referred to the Building Principal, who in conjunction with the faculty and guidance department will consider the options of summer school, placement in an alternative program, or retention. Sixth grade students who receive a final report card of U in two or more major subjects will be referred to the Building Principal who will take appropriate action.
No student will be retained without an appropriate educational plan defining what will occur that is instructionally different for the student. Once the educational plan has been implemented, the student will be monitored regularly. The educational plan will be revised until the student demonstrates acceptable performance.
Education Law §§1709; 2503(4); 3202
8 NYCRR §100.4
Isqwith v. Levitt, 285 App. Div. 833; 137 N.Y.S.2d 497 (1955)
Matter of Eckert, 13 EDR 270 (1979)
Op. Counsel, 1 EDR 775 (1952)