Assembly Bill (AB) 104 Pupil Instruction:
Retention, Grade Changes, and Exemptions
OVERVIEW
Assembly Bill (AB) 104 requires school districts to implement policies that give students opportunities to counteract the impact of the pandemic on students’ academic achievement and graduation credits. The new law, which went into effect on July 1, 2021, includes options that include requesting retention for eligible students, as noted below, changing grades to a Pass or No Pass for students enrolled in high school last year, and waiving local district graduation requirements that exceed the state credit and course minimums for students who were juniors or seniors in the 2020-21 school year.
INTERIM RETENTION PROCESS
Education Code section 48071, as part of Assembly Bill (AB) 104, establishes an interim retention process, applicable only to eligible pupils who were enrolled in Pacific View Charter schools in grades K-11 during the 2020-2021 school year. An “eligible pupil” is defined as a pupil who has received deficient grades for at least one-half of the pupil’s coursework in the 2020–21 academic year. For purposes of this policy, a deficient grade is a D, F, or a No Pass at the secondary level, or 1s at the elementary level, as determined by the District. By statute, a pupil enrolled in grade 12 during the 2020-2021 school year shall not be eligible for retention under this policy. Parents, which include the natural or adoptive parent or guardian, the person having legal custody or other education rights holder, or a student who is age 18 or older, may request retention under this process. This policy is only in effect for the 2021-2022 school year.
- If a parent wishes to request retention for an eligible pupil, the parent may submit their request in writing or by using the Interim Retention Policy Application form.
- Within thirty (30) calendar days of the parent’s request, the school shall offer a consultation to the parent. The consultation shall include the following information:
- Discussion of all available learning recovery options, including both of the following:
- Specific interventions and supports for the student.
- Access to prior semester courses in which the pupil received a D or F letter grade in the 2020-21 academic year, some other form of credit recovery, or other available supports.
- Consideration of the pupil’s academic data and any other information relevant to whether retention is in the pupil’s best interests, academically and socially.
- Discussion about research on the effects of pupil retention and the types of interventions and supports that have been shown to be beneficial to pupils.
- Discussion of all available learning recovery options, including both of the following:
- Within ten (10) calendar days of the consultation, the parent will be notified of the District’s decision. If the decision is to retain, the pupil shall also be offered supplemental interventions and supports. If the decision is not to retain, the pupil shall be offered specific interventions and supports as well as access to prior semester courses in which the pupil received a D or F letter grade in the 2020-21 academic year, some other form of credit recovery, or other available supports.
GRADE CHANGES (Pass/No Pass)
Education Code section 49066.5 (AB 104) establishes that a parent, which includes the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder, or a student who is age 18 or older and enrolled in high school during the 2020-21 school year, may apply for one or more of their child’s letter grades for a course, taken during the 2020-21 school year in high school, to be changed to a Pass or No Pass on the student’s transcript. There is no limit as to the number or type of courses eligible for this grade change application. The grade change application shall not negatively affect the student’s grade point average or result in the forfeiture of a student’s eligibility for athletics or school programs.
The grade change application must be made prior to August 31, 2021. A school will not accept applications after that date. The school is required to make the change of a student’s grade from a letter grade to a Pass (A-D) or No Pass (F) within 15 days of the request and will notify the student and student’s parent or guardian that the grade was changed.
Absent an application to change a transcript by this date, a letter grade earned in the 2020-21 school year will remain on the student’s transcript. Please note some postsecondary educational institutions, including those in other states, may not accept a Pass or No Pass grade instead of a letter grade for admission purposes. For additional information, including the application for the Pass/No Pass grade change and the list of postsecondary educational institutions. If interested, please visit the link below.
LOCAL GRADUATION REQUIREMENTS EXEMPTION
Education Code section 51225 was amended by AB 104 to establish an interim graduation exemption process. AB 104 only applies to eligible pupils who were enrolled in their third or fourth year of high school during the 2020-2021 school year and who are not on track to graduate in four years from all Pacific View graduation requirement coursework and additional requirements.
There is no action required from eligible students. Pacific View will contact students and the parent or legal guardian of students eligible for this interim graduation exemption process.
