Let's put 40 kids (or more) in the class and make sure many have behavior problems. Let's also excuse excessive absence. Don't worry even though the majority of them got under 40 on the regents they took in June. Cut summer school to 4 days instead of 5. (This cuts down on Friday cuts and improves attendance.)
Now, ask the teacher why his regents results were so poor. Ask the teacher what can be done to improve them. I know he will have some answers.
Now, will you listen and do something about it?