Legal Question in Education Law in California

Usually a retention is decided by the school. Districts are mandated to have a policy on retention which should be reviewed, along with grades, test scores, teacher reports, etc. The California Education Code also specifies when a retention may be issued, and generally limits retention to the times between second and third, third and fourth, fourth and fifth, between intermediate and middle school, and between middle and high school.

Best of luck,

Michelle Ball

Law Office of Michelle Ball

California Education Attorney advocating for the rights of parents and students since 1995.

Website: http://www.edlaw4students.com

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Not without a court order.

A parent does have the right to present evidence, e.g., testing by an independent clinical or educational psychologist, that argues the position that a child should be held back. Thus, a parent can dispute the district's decision not to "hold back" a student. Often schools are not especially diligent in obtaining testing, teacher and parent input, etc. that form a basis for their decisions.