Posted on September 12, 2025
Co-Authored by:
Patrick O'Keefe
Ryan Whittington
For more information on this topic, contact Nina Peckman at npeckman@acnj.org.
Parents call either because they want their child retained or promoted, but their school district disagrees with their preference. There are state laws and case law that describe these rights. In general, the district has discretion, but parents can appeal. Parents must be told to look at their school’s policies which can differ from district to district. Parents should also be advised that every school district must make their policies available to parents. Most districts post their policies on their websites on their Board of Education page. If parents can’t find the policy they are looking for, they are entitled to receive this information upon request to the Board of Education. N.J.S.A. 18A:35-4.9
Know Your Rights: Understanding Student Promotion and Retention in New Jersey Schools
Grade promotion decisions represent important milestones in a student’s educational journey. Parents may have legitimate concerns about whether their child should advance to the next grade or might benefit from additional time to master key concepts. New Jersey law stablishes clear guidelines for how these decisions should be made, ensuring that families are informed and involved throughout the process. This guide explains the legal requirements schools must follow regarding promotion and retention, outlines effective advocacy strategies for parents and guardians, and identifies resources available to support families navigating these important educational decisions.
Understanding the Law
New Jersey law (N.J.S.A. 18A:35-4.9) provides important protections for families regarding how schools make decisions about promoting students to the next grade or requiring them to repeat a grade. Under this statute, all local school boards must develop comprehensive policies addressing promotion standards and remediation options aligned with district goals and student proficiency requirements. Schools must notify parents/guardians about these policies and provide regular updates throughout the school year on student progress toward meeting promotion standards. Critically, the law also requires immediate consultation with parents if a teacher believes a student may not meet promotion standards—not just at year-end when intervention opportunities may be limited. Additionally, districts must establish formal appeals processes for parents and adult students to challenge promotion or retention decisions, and ensure parents, teachers, and students (where appropriate) participate in developing these policies.
Navigating the Process Effectively
Clear, ongoing communication is key to supporting student success. Families should first request their district’s written promotion and remediation policies to understand exactly what standards students must meet and what support options exist. Parents/guardians should seek to establish regular contact with teachers to help catch potential academic concerns early and monitor their child’s progress and academic capabilities. If academic concerns do arise, parents should promptly schedule formal meetings to develop specific intervention plans that include clear goals, action items, and follow-up dates. Throughout this process, parents/guardians should aim to keep organized records of communications with the school, documenting when meetings occurred, who participated, what was discussed, and which interventions were proposed. Keeping such records may be valuable if further advocacy becomes necessary.
Seeking Additional Support
Certain situations may signal the need for further support or legal consultation regarding promotion or retention issues:
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- When schools fail to provide legally required notifications about academic concerns.
- If documented intervention plans remain unimplemented despite parent/guardian follow-up
- When retention decisions appear at year-end without prior warning or documented support
- When retention decisions conflict with special education protections
- If there appears to be discriminatory treatment or patterns in retention practices
- Lack or failure of the school to follow its due process, district requirements and/or procedural frameworks
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An attorney can help families understand their specific rights under New Jersey law, evaluate whether proper procedures were followed, and determine appropriate next steps when school-based resolution attempts have been exhausted.
Resources for Families
Parents and guardians seeking resources related to a pupils’ promotion, remediation policies, and procedures can visit these resources to understand about New Jersey’s law and policies:
New Jersey Department of Education (NJDOE):
https://www.nj.gov/education/code/current/title6a/chap8.pdf
The Law:
https://law.justia.com/codes/new-jersey/title-18a/section-18a-35-4-9/.
To learn more about Parent Notification Requirements:
https://www.state.nj.us/education/parents/
State of New Jersey Legislature Database:
https://www.njleg.state.nj.us/
New Jersey Student Learning Standards:
https://www.nj.gov/education/standards/
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- Understanding grade-level expectations
Understanding grade-level expectations
NJ Department of Education County Offices:
https://www.nj.gov/education/counties/
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- Local resources
- District oversight
- Regional assistance
