From 3rd through 8th grade, annual standardized tests are mandated, and the state test results are used as a prime indicator of a child's readiness for the next grade. For kindergarten through 2nd grades, the policies are not dependent on state tests, but rather on teacher observations, student class work and teacher assessments. For high school students, credit accumulation and passing of subject-based Regents exams determine promotion.

The New York City public school promotion policy is laid out in Chancellor's Regulation A-501. The very detailed policy includes specific requirements for general education students, students who are learning English, and special education students. It also includes the school's responsibility to notify parents of their child's status regarding promotion and to offer extra help to students who are at risk of being held over. You might find that your school is not following the Department of Education's policy. If that is the case, do not shy away from pointing out the mistake.

On this page: Parent notification | K - 2nd grade | 3rd, 5th, and 7th grades | 4th and 6th grades | 8th grade High school | Special education | English language learners | Extra help services | Appeals | Special situations

Parent notification

Parents are supposed to be told at three times during the year if their child is at risk of being held over. The first deadline is the early part of the year, no later than the fall parent teacher conference. The second date is Feb. 15, when schools must send parents written notification that their children are falling behind; the third deadline falls in June, when parents must be informed in writing by regular mail of a decision to hold the child over or to require him to attend summer school. If the school does not let you know that your child is at risk of being held over, that is not reason enough to guarantee promotion. It is in your best interest to follow your child's progress closely.

Kindergarten - 2nd grades

There are no clear regulations about how promotion decisions should be made for the early grades. Since standardized tests are not given to such young students, promotion is based on teacher observations, student class work, and teacher assessments. Teachers are supposed to offer multiple strategies to help struggling students, and parents are encouraged to be actively involved in the decision on whether the child should be promoted. Parents sometimes complain that their K-2 children are inappropriately held over. If you believe your child is being held over inappropriately, you should contact your district and ask for a copy of its promotion policy for K-2 students. Based on that policy, you may be able to appeal the hold-over decision.

3rd, 5th, and 7th grades

Third, 5th, and 7th grade students are at risk of being held over if they score at the lowest level (1) on the state ELA exam or math exam. However, there is an automatic review process, initiated by the classroom teacher, for any child who scores Level 1 and faces being held back. By the end of the school year in June, teachers of 3rd and 5th graders are supposed to prepare a portfolio of the student's work and other documentation, such as teacher observations, and indicate whether they believe the test score accurately reflects the student's academic proficiency. The portfolio is then reviewed, in June, by the school principal, and if the principal agrees that a student is performing at at least a high Level 2, the principal is to recommend to the district superintendent (also known as the community superintendent) that the child be promoted. The final decision is left to the district superintendent.

Students at risk of being held over are encouraged to attend summer school and Saturday classes and retake the standardized exams in August. Afterwards, the principal again conducts a review of any child scoring at Level 1, examining, among other things, observations of the student's summer school teacher. If the principal believes the child is capable of at least Level 2 performance, he or she recommends that the child be promoted. Again, the final decision is made by the district superintendent. School officials are supposed to give "particular" consideration to children who score Level 1 on one of the tests but Level 3 or higher on the other.

4th and 6th Grades

In deciding whether students in this age group should be promoted, a school must look at three criteria: whether, in the teacher's view, the student meets the standards for his grade; whether the student passes state tests in math and language arts; and whether the student had an attendance rate of at least 90 percent during the school year (which translates into not missing more than 18 days of school). If a child falls short on at least two criteria, he or she should be held over. All students who receive hold over letters, however, are supposed to be given a second chance and attend summer school. A student should not be held over if he fails to meet only one of the criteria.

8th Grade

Starting with the 2008-09 class, for an 8th grader who hopes to go on to high school, there is an additional consideration: whether he has passed classes in the major subject areas - English, math, social studies, and science. Students must score at Level 2 or above on Math and ELA assessments as well. All students who do not meet both the requirements will have an automatic appeal in June to demonstrate that they have acquired the skills necessary for promotion. They will have the opportunity to attend summer school and retake tests or failed courses. Students who meet their promotion standards in August will be promoted.

High School

High school students need eight credits to be promoted from 9th grade and 20 credits, including four in English or ESL and four in social studies, to be promoted from 10th grade. To be promoted from 11th grade, students must earn 28 credits; students entering 9th grade in or after the fall of 2004 must earn 30 credits. Tenth graders must also meet New York City performance standards in language arts, math and science, as demonstrated in school work, tests and grades. Each year, every student is supposed to receive an annual review of his or her educational progress and career plans - either individually or in a small groups, according to New York State Commissioner's Regulation Section 100.2( j ii). In addition, The Student Bill of Rights, written by the city's Department of Education, requires that students be informed of diploma requirements. They also must be informed about any extra help they can receive so they can get their diplomas.

Special education students

If your child is a special education student, he may or may not be held to the same promotion standards as students in general education. Your child's Individualized Education Plan (IEP) should specify on page nine whether your child will be promoted by the same standards or modified standards.

Modified promotion: Even though the regulations say that you can modify standards for promotion, the Department of Education has said that you cannot modify the scores required on the standardized test. You can, however, modify standards for attendance and class performance. Moreover, you should be provided an alternate assessment if participation in the standard assessment for purposes of promotion decisions is not appropriate. If your child was held over but the school failed to measure him against the modified promotion standards on page nine of his IEP, you can write an appeal or invoke your due process rights (mediation or an impartial hearing). See our Special Education page and Advocates for Children for information on your rights. For an in-depth discussion about promotion rules for special education students, see page 54 of the Department of Education's IEP Manual.

English Language Learners

Students learning to speak English who have been enrolled in an American school for less than two years are exempt from the promotion policy. English Language Learners (ELLs) who have been enrolled for more than a year, however, are required to take the standardized English Language Arts exam in 3rd through 8th grade. In addition, all English Language Learners must take content area exams (mathematics, science, and social studies), regardless of how long they have been in the school system. These may be taken in their native language. For more information, see our page on English instruction.

Extra-help services

Students in danger of falling behind in school are entitled to academic help. Schools are supposed to see to it that assistance goes to "students at risk of not meeting the promotion standards," according to Chancellor's Regulation A-501 1.2.3. And schools must provide "academic intervention services" to such children, under a state education regulation, NYS Commissioner's Regulations 100.2 (ee). 

Appeals

No parent wants to see his or her child held back and have to repeat a year of school. The distress is even greater, however, when parents believe the school's decision is unjustified. If you are convinced that your child is being held back without a good reason, you have the right to appeal. It's tough to succeed, but there are steps you can take to try to have your child promoted instead. A good start is to get in touch immediately with your child's teacher and talk about how you can collaborate to appeal the holdover.

Parents of students in grades 3, 5, 7 and 8 who wish to appeal a June hold-over decision must do so in writing to the principal. No decision will be made until the exams are retaken in August. If your child is in grades 4 or 6, your first step is to write the principal within three days of mailed notification. The principal must make a recommendation to the district superintendent within two days of receiving the parent's appeal. The district superintendent makes the final decision. When writing your appeal to the principal or superintendent, you need to mention your grounds for appeal, or why you believe your child should not be held over. There are three kinds of arguments you can make in addition to the special situations listed below: 1. A school's failure to consider multiple factors in deciding to hold over a student. For students in these grades the school must consider three factors for promotion and a child must fall short on at least two of the factors to be held over. So if a student fails the standardized test, for example, but does well in class and has good attendance, he should be promoted. 2. Failure to notify parents that their child was at risk of being held over. 3. A school's failure to help children at risk of being held over. If there are any other reasons why your child should not be held over, include them. For more information, see Advocates for Children's Holdover Kit.

Special situations

Testing modifications

If your child is supposed to have testing accommodations mandated on his IEP or through Section 504, those modifications apply to standardized tests. If your child has an IEP, refer to page 9 to see what modifications were recommended. Be advised that IEP teams are not necessarily aware of modifications that are available. On the state's website, there is a document that outlines the state's opinion of what accommodations are allowed on standardized tests. (Note: this policy may not be consistent with federal law). If you disagree with the testing modifications on the IEP, you can request an IEP meeting or invoke your due process rights. See our Special Education page. If your child does not need special education services but does need testing accommodations because of a disability, you can invoke Section 504 to get them. See our Section 504 page.

Held over for acceptable absences

Under the local city policy, when determining the number of student absences, the school should exclude "acceptable" absences, such as those necessitated by a death in the family, illness, or religious observance. If your child had a legitimate absence, and you informed the school of the reason for the absence when it occurred, that absence should not be marked against your child. As we note in our attendance page, the current policy may violate state law.

Absences caused by illness or disability

Absences caused by illness should not be held against your child. Many chronic health problems—asthma, severe allergies, sickle-cell anemia, HIV infection, etc.— are covered under Section 504 or the Americans with Disabilities Act. If your child has a chronic illness, your child's doctor should notify the school in writing of his or her health condition and request any accommodation needed, including modification of the attendance standards in the promotion policy. (See our Section 504 page for more details.)

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