Law and Rights
Have you ever felt that a public school grade was wrong in a particular class or that your child was graded unfairly on his student work? California law has a solution for you!
Per California Education Code section 49066, the teacher determines the final grade for a student. However the grade can be challenged for:
- Clerical mistake
- Fraud
- Bad faith, or
- Incompetency
If one of these can be shown, the Superintendent or Board of Education for the school can overturn a grade issued by a teacher. The teacher, however, is "to the extent practicable" to be included in discussions regarding the grade, and to be allowed to state orally or in writing, the reasons the grade was issued.
I have seen many bad teachers in my time, unfortunately, who may issue grades improperly. If a grade issues because the teacher was incompetent, is discriminatory, is based on whim or fancy, or another error exists, it can be challenged. With college scholarships and admission on the line, challenging a grade can be a wise thing to pursue if there is a basis.
If you disagree with your child's grade, don't sit on your rights: challenge it. Your reward may be a correct grade and a higher grade point average (gpa) for your child.
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Law and Rights
Was A Bad Grade Issued By Your Child's Teacher? Here's How You Appeal A Student's Grade In Califorina
By Michelle Ball, California Education Attorney for Students since 1995
Have you ever felt that a public school grade was wrong in a particular class or that your child was graded unfairly on his student work? California law has a solution for you!
Per California Education Code section 49066, the teacher determines the final grade for a student. However the grade can be challenged for:
- Clerical mistake
- Fraud
- Bad faith, or
- Incompetency
If one of these can be shown, the Superintendent or Board of Education for the school can overturn a grade issued by a teacher. The teacher, however, is "to the extent practicable" to be included in discussions regarding the grade, and to be allowed to state orally or in writing, the reasons the grade was issued.
I have seen many bad teachers in my time, unfortunately, who may issue grades improperly. If a grade issues because the teacher was incompetent, is discriminatory, is based on whim or fancy, or another error exists, it can be challenged. With college scholarships and admission on the line, challenging a grade can be a wise thing to pursue if there is a basis.
If you disagree with your child's grade, don't sit on your rights: challenge it. Your reward may be a correct grade and a higher grade point average (gpa) for your child.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Email: [email protected]
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857
[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]
- Minimum Physical Education Requirements In California Schools
By Michelle Ball, California Education Attorney for Students since 1995 Did you dread exercise as a child or did you long to run and play kickball during math or English instruction? It seems that the time allotted for Physical Education (PE) has dwindled...
- Improved, But Still Confusing Cif High School Sports Transfer Rules
By Michelle Ball, California Education Attorney for Students since 1995 Recently, the California Interscholastic Federation, aka CIF, the governing body for high school sports in California, softened their interdistrict transfer rules for the better....
- School Districts Must Revise Iep Annually Or They May Not Be Providing A Free And Appropriate Education
By Michelle Ball, California Education Attorney for Students since 1995 In the Ninth Circuit Court of Appeals decision Anchorage School District v. M.P. (July 19, 2012, No. 10-36065), the Court ruled that the lack of an updated annual IEP (Individualized...
- California Sex Education Can Start In Kindergarten - Parents May Opt Out In Writing
By Michelle Ball, California Education Attorney for Students since 1995 There is a lot to know about just WHAT is going on in schools regarding sexual education. If you are my age (early 40's), you remember the obligatory sex education...
- You Must Help Your Kids With Their Science Homework
By Michelle Ball, California Education Attorney for Students since 1995 Last week, the National Association of Educational Science (NAES) released the test results for many of our nation's children showing a distinct weakness in the sciences. For...