Wethersfield, CT asked in Education Law for Rhode Island

Q: Can a student that has been formally accelerated (skipped a grade) and passed classes be retained (held back)?

We just moved to Rhode Island from Wisconsin. I have a student entering 6th grade. In WI she was identified as a Tier 2 General Intelligence learner in the RTI framework and had a formal subject acceleration (skipped a grade) in math and received in-class enrichment in other subject areas. Her transcripts clearly indicate that last year she successfully completed 6th grade math and 5th grade "everything else". We moved to RI this summer and the new principal says she has to repeat 6th grade math. Is this legal? I know that RI does not mandate "gifted and talented" programs and leaves that up to each district, but it does not seem right to me that she can be retained (held back) and forced to repeat a class. We are military and moving back to WI next summer and re-entering the same school system we just left and need her to stay on track. Any advice you can provide would be appreciated.

Related Topics:
1 Lawyer Answer

A: Contact an attorney practicing in education law to review your documents, and plans, to help come up with a plan.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.