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AB 104


Assembly Bill (AB) 104 was approved by the governor and filed with the Secretary of State on July 1, 2021 added three new sections to the California Education Code and applies to eligible students within given timeframes.  The 3 sections and provisions are as follows, and applications for each are included as links in the descriptions below. Interested parents and students should submit a completed application to their respective school office within the timeline designated in each section.


In addition, AB 104 provisions require a Consultation Meeting between the parent and school officials to consider the following:

·         Retention in the 2020-21 grade level: qualification includes receiving deficient grades for at least ½ of the coursework completed in 2020-21

o   The Consultation Meeting to be held within 30 days of the written request. School to provide retention decision to parents within 10 days after Consultation Meeting

o   Provide interventions and supports towards graduation including credit recovery options and potentially affording a fifth year.

·         2020-21 Grades to be changed to Pass/ No Pass: Notice posted July 30, 2021. Request Form must be submitted within 15 days of the posted notice (no later than August 16, 2021).

·         Exemption from local graduation requirements if the 3rd or 4th year student (during the 2020-21 school year) is not on track to graduate and cannot reasonably complete Graduation requirements by the anticipated 4th year graduation date.



AB 104 amends Education Code 48071 to supplement retention consideration above and beyond existing retention policies in the grade level enrolled for the 2020–21 academic year. Eligible students include those who received deficient grades (D or F grades) as specified, for at least 1⁄2 of the pupil’s coursework, except for pupils enrolled in grade 12 during the 2020–21 academic year. The school, within 30 calendar days of receiving a written retention request from a parent, will conduct a consultation meeting with the parent, the pupil, the administrator, and a teacher, to include a discussion of all available learning recovery options, research on the effects of retention and the benefits of particular interventions and supports, and 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. The retention decision will be consistent with a pupil’s individualized education program if one is in place. Regardless of the retention decision, the pupil to be offered specific interventions and supports. If the decision is to not retain the pupil, the pupil to be offered 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 supports as specified. Parents will be notified of its retention decision within 10 calendar days of the consultation meeting.

·         The Application for a Retention Request can be found here: ENGLISH SPANISH


Pass/No Pass Grades

AB 104 amends Education Code Section 49066.5 where the parent, guardian, or education rights holder of a pupil or, for a pupil 18 years of age or older, for any student who was enrolled in a public high school during the 2020-2021 school year, may request that a course letter grade on the student’s transcript for a course taken during the 2020-2021 school year be changed to “pass” or “no pass.”  Making this change may not negatively impact the student’s grade point average, and the public agency may not place a limit on the number of courses the student requests to have changed.  The California State University must accept pass or no pass grades and encourages but does not compel, the University of California and private colleges and universities to do the same.

Students have 15 calendar days from when LEAs provide written notice and post on its website the option to apply.
The Application for a grade change to Pass/No Pass can be found here: (ENGLISH SPANISH) and includes a list of post-secondary educational institutions that have indicated they will accept these grades without prejudice, and a statement informing families that some higher educational institutions, including those from other states, may not accept a pass no pass grade.
LEAs have 15 days from receipt of an application to update a transcript and notify a student and family of the grade changes.

Local Graduation Requirements Exemption

AB 104 amends Education Code Section 51225 and applies only to students who were in their third or fourth year of high school (Juniors and Seniors) during the 2020-2021 school year and who are not on track to timely graduate, including meeting all the individual district, county or charter school requirements.  For these students, the following apply:

Students enrolled in their 3rd or 4th year of high school in 2020-21 and who are not on track to graduate in four years may be exempt from Local (District) Graduation requirements adopted by the governing body that is in addition to the statewide coursework requirements.
·         Students must be provided the opportunity to complete the statewide coursework required for graduation, which opportunity may include, but is not limited to, a fifth year of instruction or credit recovery.

·         The Application for a District Graduation Requirement Exemption can be found here: ENGLISH SPANISH