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    cecenk Offline OP
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    Hi, WA state has a "newish" law that (IMO)discriminates against gifted 9th grade students. Our state offers "college in high school" classes. The classes are University of Washington classes--offered in high school. According to this law, tenth, eleventh and twelfth graders are eligible for college credit for these classes. My son is in ninth grade--is taking the class--but is the only kid in the class who is not eligible for credit simply due to being in ninth grade. Do any of you have any suggestions how to tackle this? I have talked to his school, the university and the board of education--who of course, all say their hands are tied because of the law.

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    I was thinking along the same lines as Portia -- would a grade skip work for him?

    Another option would be to use an educational consultant. Davidson offers this service, if your child is a DYS. An educational consultant well-versed in your state laws may have some "clout" and may know how to speak to the powers that be in a manner that will influence them to make an exception for your son.

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    And if you want him to stay in high school for four years, you could see if the school would allow him to grade skip to tenth, and then be retained in the tenth grade. (Weird, I know...but my parents kept one of us in the fourth grade for a couple of years, doing work way above nominal grade level, in order to stay with an exceptional teacher.) Promotion and retention decisions are generally building-based.


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    What law, specifically? Have they cited it to you? Can you post a link to it here? It may be helpful to see how the law is worded, when it was passed, who introduced the bill, who voted for it, etc.

    Knowing these things may help in understanding various issues such as:
    - the spirit of the law as intended,
    - whether the law allows (for example: "may") or requires (for example: "shall") college credit being granted for sophomores, juniors, seniors,
    - whether the law truly disallows (for example: "shall not") freshmen from receiving college credit, or is merely silent on the issue,
    - whether a discussion of the interpretation of the law might result in a qualified freshman receiving credit, (for example: student has completed all prerequisites, does all assigned work, earns required grade, achieves cut score, etc)
    - the likelihood that the law would be changed.

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    cecenk Offline OP
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    HI Indigo,
    Thanks for your time and effort. Here is a link to that law they are quoting.
    http://www.k12.wa.us/ProfPractices/adminresources/RulesProcess/OTS-7858-4.pdf
    Thanks again for any ideas how to proceed. I'd rather fight this for the good of all kids than worry about promoting my kid to 10th grade to skirt the issue.

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    The PDF has 10 pages of specifications.

    Section 5 lists the powers-that-be:
    "The rules may be modified only by agreement of the superintendent of public instruction, state board of community and technical colleges, the student achievement council, and an organization representing the interest of the public baccalaureate institutions."

    Section 15 includes:

    Definition 2(b) is very precise in limiting to students with 10th, 11th, 12th grade placement.

    Definition 8 limits any potential state-funded subsidies to students with 11th or 12th grade placement.

    Section 130 includes:

    The college must enroll the student.

    === === === === === === === === === === === === === === ===
    A few thoughts, after having skimmed through the PDF:

    One could petition the governing bodies outlined in Section 5, but what would the basis of the petition be?
    Usually in advocacy, one presents the student's unmet needs but it seems the school is allowing the child to take the class. The student will receive regular high school credit only, not dual credit granted by the college as well.

    If there is another state law which discusses age, such as college matriculation/enrollment age, it may be possible to show that definition 2b is unduly restrictive, and use that to convince the powers-that-be to change the definition listed in Section 15. However it seems unlikely that one would find an inconsistency in age-related policy, which could be used in this manner.

    It may still be worth your time to inquire of the powers-that-be as to why the dual credit is limited to 10th, 11th, and 12th grade students. Just inquire, do not attempt to persuade or convince: In other words "float a trial balloon" or "test the waters".

    That said, it appears any potential change would come slowly.

    Seeking a 10th grade placement, as others have suggested, may be a clever work-around. smile However it appears that a grade-skip must be done proactively, as the PDF describes annual agreements which must be completed between the high school and college institutions. Therefore the two options which I see for his immediate choice may be:
    1) Enjoy the course, learn a lot, and accept the high school credit.
    2) Drop the course, back-fill his schedule with something else, and take this course next year when he is a sophomore. (What date is the school cut-off for add/drop class schedule changes?)

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    Frustrating, but I don't know if this one is worth the fight. Around here, college credit for a college class offered in high school (on the high school property) is rarely accepted as credit except by the college offering the course. Your school has not prevented 9th graders from taking the class and the class counts as high school credit. They have served the gifted student's educational needs by permitting him to take the class.

    I'm not a lawyer, but there is lots of other stuff going on that seems "more illegal" and occurs at a district level (so might be more vulnerable to legal challenge than a state law) - like our district's policy that if you take an AP class but don't take the College Board AP exam, the AP designation is dropped from the transcript. That sort of policy appears in many other districts. Forcing parents to pay $92/exam (times 5 or 6 exams) for a student probably goes against FAPE, but our attorney-filled high SES district has not had a legal challenge to the policy yet. Legal challenges are costly and time consuming, and even if successful, are unlikely to benefit the specific students for whom the action was initiated.

    I would think twice about declaring the student a 10th grader then repeating 10th grade. In our state, once you get past 6th grade, repeating a grade can have impacts. In particular, I'm thinking about athletics - the forms ask if you repeated a grade after 6th grade. While designed to prevent a kid from staying in HS for an extra year or two and continuing to play, such rules may not take into account a grade skip followed by a repeat. Additionally, if it appears that he repeated a grade on the HS transcript, that might have significant repercussions for college admissions. Though you could explain, I would fear that some schools, especially selective ones, might not even get to the explanation.

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    cecenk Offline OP
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    Thanks for looking that through. I think we will go with enjoy the course, learn a lot and call it good. If there was some way to fight it for future kids I would--but it sounds pretty laborious.

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    cecenk Offline OP
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    Thanks for your insights--especially about grade skipping. I would not have thought of those angles. I think at this point, I will throw in the towel. But I appreciate all the input very much.

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    I wonder if, when they made that law, it just never occurred to them that a 9th grader would take the course. That might be the only reason for the seemingly arbitrary law. Would have been great if they had changed it for your son and other kids.


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