State Kindergarten-Through-Third-Grade Policies
Is there a third grade retention policy?
June 2018
This information was collected from state statutes, rules and regulations. A profile was sent to each state for review and modification, as needed.
| Is there a third grade retention policy? | Citations | |
| Alabama | Not specified in statute, rules or regulations. | |
| Alaska | Retention is a local decision. | Alaska Stat. Ann. § 14.03.072 |
| Arizona | Third grade retention is required, with good cause exemptions. | Ariz. Rev. Stat. Ann. § 15-701 |
| Arkansas | Not specified in statute, rules, or regulations. | |
| California | Third grade retention is required unless the student’s teacher determines in writing that retention is not the appropriate intervention. | Cal. Educ. Code § 48070.5 |
| Colorado | Retention is allowed after a meeting with the parent, the student’s teacher and other personnel. At that meeting, the group determines if retention is the best intervention strategy. | Colo. Rev. Stat. Ann. § 22-7-1205 |
| Connecticut | Third grade retention is required with good cause exemptions, if a student does not participate in a summer school program. | Conn. Gen. Stat. Ann. § 10-265g |
| Delaware | Third grade retention is required with good cause exemptions. Students that score below the standard, level II, on the statewide assessment are provided different exemptions than those that score well below the standard, level I. | 14 Del.C. 153 |
| District of Columbia | Third grade retention is required with good cause exemptions. | D.C. Code Ann. 38-1803.21, 38-755.03 |
| Florida | Third grade retention is required. | Fla. Stat. Ann. § 1008.25 |
| Georgia | Yes. Third grade retention is required. | Ga. Code Ann., § 20-2-283 |
| Hawaii | Not specified in statute, rules or regulations. | |
| Idaho | Not specified in statute, rules or regulations. | |
| Illinois | Yes, students determined by the local district to not qualify for promotion to the next higher grade shall be provided remedial assistance, which may include, but shall not be limited to, a summer bridge program of no less than 90 hours, tutorial sessions, increased or concentrated instructional time, modifications to instructional materials, and retention in grade." | 105 Ill. Comp. Stat. Ann. 5/10-20.9a |
| Indiana | Yes, if the student does not achieve a passing score on the IREAD-3 assessment. | 511 Ind. Admin. Code 6.2-3.1-3 |
| Iowa | The state board of education is required to adopt standards that reasonably expect a student's reading progress is sufficient to master fourth grade reading skills prior to promotion to fourth grade. | Iowa Code Ann. § 256.7 (31.a) |
| Kansas | Not specified in statute, rules or regulations. | Kan. Stat. Ann. § 72-3567 |
| Kentucky | Retention is not required. | 704 Ky. Admin. Regs. 3:440 |
| Louisiana | Not specified in statute, rules or regulations. | |
| Maine | Yes, retention is a local decision. | Code Me. R. tit. 05-071 Ch. 127, § 5 |
| Maryland | Third grade retention is allowed with good cause exemptions. Enrollment in a reading assistance program is an option to avoid retention. | Md. Code Ann., Educ. § 7-202 |
| Massachusetts | Not specified in statute, rules or regulations. | |
| Michigan | Third grade retention is allowed with good cause exemptions. | Mich. Comp. Laws Ann. § 380.1280f (5.a) |
| Minnesota | Retention is allowed but is not required. | Minn. Stat. Ann. § 120B.12 (3.b) |
| Mississippi | Third grade retention is required with good cause exemptions. Intensive acceleration classes are available for students retained in grade three who were previously retained in K-3 grades. | Miss. Code. Ann. § 37-177-11 Miss. Code. Ann. § 37-177-15 |
| Missouri | Retention is required if a student is not reading at or above one grade level below their current grade level. Students may be considered for conditional promotion if they participate in a summer reading program. | Mo. Ann. Stat. § 162.1100 (West) Mo. Ann. Stat. § 167.645 |
| Montana | Not specified in statute, rules or regulations. | |
| Nebraska | Not specified in statute, rules or regulations. | |
| Nevada | Third grade retention is required with good cause exemptions. | Nev. Rev. Stat. Ann. § 392.760 Nev. Rev. Stat. Ann. § 392.765 |
| New Hampshire | Not specified in statute, rules or regulations. | |
| New Jersey | Retention and promotion policies are determined locally. | N.J. Stat. Ann. § 18A:35-4.9 |
| New Mexico | Yes. Retention is an option based on the teacher and school principal recommendation. | N.M. Stat. Ann. § 22-2c-6 |
| New York | Retention is not required. | |
| North Carolina | Third grade retention is required for students who fail to demonstrate proficiency on state-approved standardized tests for reading comprehension. Students that demonstrate reading proficiency by November 1 are eligible for midyear promotion. There is a good cause exemption to mandatory retention that allows students with limited English proficiency, students with disabilities, student who demonstrate proficiency on alternative assessments, students who demonstrate proficiency through reading portfolio, and students who have received reading intervention and have been retained once in kindergarten, first, second, or third grade to be promoted. | N.C. Gen. Stat. Ann. § 115C-83.7 |
| North Dakota | Retention is not required. | |
| Ohio | Yes. School districts have the options to retain a third grade student who does not meet grade level achievement as measured on the state English language arts assessment. The district can also promote the student to fourth grade if the principal and teacher agree that other evaluations of the student's skill in reading demonstrate that the student is academically prepared to be promoted. The district can promote the student to fourth grade but provide the student with intensive intervention services. | Ohio Rev. Code Ann. § 3313.608 |
| Oklahoma | Retention is allowed for students who are not eligible for automatic promotion, with exception for good cause. If the student's Reading Proficiency team unanimously recommends probationary promotion, the student will be advanced to fourth grade. With probationary promotion, the team will continue to review the students reading performance. Retained students can be promoted mid-year, prior to November 1st, upon demonstrating a level of proficiency required to score at grade level on the statewide third-grade assessment. | Okla. Stat. Ann. tit. 70, § 1210.508C |
| Oregon | Not specified in statute, rules, or regulations. | |
| Pennsylvania | Not specified in statute, rules, or regulations. | |
| Rhode Island | Not specified in statute, rules, or regulations. | |
| South Carolina | Third grade retention is required for student who fail to demonstrate reading proficiency, with a good cause exemption. | S.C. Code Ann. § 59-155-160 |
| South Dakota | Not specified in statute, rules, or regulations. | |
| Tennessee | Third grade retention is required if the student has not shown a basic understanding of curriculum and demonstration of skills in reading in their grades or standardized test results. If the student participates in an LEA approved research-based intervention prior to the next school year, the student may be promoted. | Tenn. Code Ann. § 49-6-3115 |
| Texas | Retention is not required. However, if a student fails to perform satisfactorily on an assessment after three attempts the student shall be retained at the same grade level for the next school year. | Tex. Educ. Code Ann. § 28.0211 |
| Utah | Not specified in statute, rules, or regulations. | |
| Vermont | Retention not required (the cited statute appears to suggest that students who fall behind in third grade receive supplemental instruction in 4th grade instead of being retained). | Vt. Stat. Ann. tit. 16, § 2903 |
| Virginia | Retention is not required but a student who fails to achieve a passing score on all of the Standards of Learning assessments in grade 3 through 8 must receive intervention services prior to being promoted. | Va. Code Ann. § 22.1 253.13:1 |
| Washington | Retention is required with a parental exception. | Wash. Rev. Code Ann. § 28A.655.230 |
| West Virginia | Classroom teachers may recommend the grade level retention of a student, but it is not required. Participation in an intervention program may be a condition of promotion; however, a teacher may still recommend retention. | W. Va. Code Ann. § 18-2E-10 W. Va. Code R. 126-30-3 |
| Wisconsin | Not specified in statute, rules, or regulations. | |
| Wyoming | Not specified in statute, rules, or regulations. |
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