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Abe:  We, the parents of a kindergarten boy with an IEP believe it is in our son’s best interest to repeat kindergarten. We have the support of his teacher, the principal, and several members of the IEP team. There are one or two on the IEP team who oppose this. One of them has said that the decision to retain must be agreed on by ALL members of the IEP team. Is this true? Can you point me to formal written documentation concerning this topic?

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06/08/2016 1:36 am

Hi Ade, we are in the exact same situation as you. We are currently going through the appeal process with the school board after being denied by the Director of Student Services for our request for retention. We live in California and this is what we found- California State Law states , that once a child is enrolled in Kindergarten they SHALL continue on to 1st grade the following year unless the parents AND the school agree on retention. For reference CA Education Code 48070-48070.6. Also visit the CA department of education website.