Does anyone know the Texas law on retaining a 2nd grader?

Question

My son failed reading with a 69, math 69 and science 69. He did however pass the Schools Assessment test called the Daks testing for second graders with a 90 in Reading and 78 in Math. Although he has some progress to make, he has made tremendous progress this year. The work he has not completed is in THE CLASSROOM-NOT AT HOME. The answer from the principle is that he is immature and they cant make him be motivated or do the work. Excuse me---but isnt it their job to make him?? He is only 8yrs.old afterall. He is also nearsighted and has astigmatism in one eye and has to wear glasses. Also, it has been a tough, emotional year because his dad and I are going through a divorce. I see him really trying and I KNOW this is going to completely crush the progress he is making. I asked the principle about summer school and she said it is not an option. Can anyone tell me the texas law on retaining a 2nd grader and what I can do??

Answer 1

I don't know what the law states, but it might be worth it to sit down with the school and really listen to what they have to say. If your son is immature, he may do a whole lot better with kids a year younger than himself. I went through this and agreed to have my son held back a year, he really excelled from then on. Being held back isn't what it used to be, strictly for grades. Now kids are held back for maturity reasons and it's usually a good move on both the parents and the teachers part.
Do what is best for your son, especially with his emotional state right now.

Answer 2

No, it's not their "job to make him" do anything. In fact, there are laws preventing them from making him do anything he doesn't want to do.

Seems to me that a 69 is a D, not quite failing. You can take your petition to the school board, and you can ask for tutoring as well if you think it's needed.

Over the summer, see if your local library has a reading incentive program for children his age - most of them do, and he can get some practice in before school in the fall. You'll need to work with him - read with him and help him with the "big words" and get him motivated to enjoy it.

Answer 3

Its up to the school to hold them back if they deem it necessary. For the comment about being immature and cant get him motivated to do work, well if they say the cant get him motivated that means they are trying and he isn't willing and its not there job for them to teach your child to be mature and be motivated, its there job to teach your child material. I think its a parents responsibility not the schools to make sure there child does well in school. People need to stop blaming others for there lack of responsibility. Where were you when the report cards came out all year? If he was borderline all year that is usually a sign to take action......

Answer 4

It sounds like you are just making excuses for your child, maybe that's why he's fallen so far behind. You need to grow up and realize the shcool does NOT have a vendetta against your son and is holding him back for his own good. What's the point of sending him to 3rd grade if he isn't capable of succeeding there? It's too bad that he'll be "crushed" by failing, but he'll be more crushed by constantly being behind all of his peers if you try to force his school into not holding him back.

Answer 5

u can try talking to some nearby schools to see what they say. for example u can walk into a school and ask to speak to the principal of that school. they should have an unbiased opinion on the matter and you can ask what they would do if faced with a similar situation. in some communities, they have advocacy groups that know the law and represent people like you. you should phone around to see what you can dig out. some baristers (lawyers) give a free consultation. you might want to take advantage of that.

Answer 6

Sorry I don't know but I hope it all works out for you. That principle sounds like a real JERK or maybe he doesn't understand what your son is going through. Get a meeting with him and the school consular, the school consular is important so try to include him/her, and tell them what's going on but with all due respects mam' don't include your husband because it could cause new problems. I hope it works out for you. Good luck, God Bless, and Jesus Loves and Adores.

Answer 7

The school that my grandson attended last year was the pits!! Add to that--he was in special ed !!
I spent alot of time on the T E A website.

Here is where you begin your search, before you go to the superintendent or anyone--know your right as a parent to participate in decisions on his education and what options you have in contesting their decision.
If all else fails--call T.E.A.

here is the link

http://www.tea.state.tx.us/educationlaw.html

Good Luck!!!!

Answer 8

if they cant get him to do the work ,he gets zeros!if every child didnt do their work there wouldnt be any point in schools!they do have the job of disciplining him while in the class!its not against the law to keep a child back for getting zeros!it sounds to me like you are babying him too much!its also your job to support the school in diciplining him to do his work while at school as well as home,if he hears complaining about the school he wanting him to do what he is supposed in class then he is gonna continue to not try.my kids are both deaf!but i still dicipline them!and i know that their purpose for going to school is to learn and a main part of that is doing work in the class room!doing the work in the class is a way the teacher knows that a child is learning,if a child takes home work home who knows who is doing it!quit taliking this as an attack on him,school is for learning and doing your work in class is a big part of that!

Answer 9

i'm not sure on the law, but why couldn't he do summer school? why not take him out and homeschool him? I really think that he wouldn't have much to do if they would just let him in summer school. try going over the principles head...

Answer 10

call the supreintendant....he/she should be allowed to overrule that....my mother kept my brother from being held back in the 5th grade....