Under the Law: Grade retention and the law

Being retained in a grade can have long-term consequences for students, and certain students are disproportionately likely to be retained in their grade. Robert Kim considers grade retention as a potential civil rights issue. Thus far, courts have been reluctant to overrule schools’ decisions in this area. However, cases that illuminate large disparities among students or that tie grade retention clearly to other acknowledged civil rights violations might invite greater judicial scrutiny.