Santa Clara, CA asked in Education Law for California

Q: Are there ever exceptions to EDC 49066? does a teacher always have to be present in all discussion relating to the grade

A teacher has displayed incompetence as well as a multitude of inappropriate attitudes such as intimidation. Does this teacher have to be included in all discussions relating to the changing of the grade? Are there scenarios where this doesn't apply? Can the teacher be included in the discussion but not allowed to speak?

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David German
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Answered

A: Although a teacher must be given an opportunity to offer comment and evidence in support of their grade, the actual grade appeal process often proceeds completely through written submissions. It isn't necessarily the case that you will have to present your side of the story in a face-to-face setting, especially during later stages of the grade appeal process. That said, school districts do have discretion with respect to the resolution process which they set up for grade appeals, so you'll have to consult the school board policies and student handbook.

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