AB 104 Grade Change Requests

On July 1, 2021 Governor Gavin Newsom signed Assembly Bill (AB) 104 (Gonzalez) that contained an urgency clause, which take effect immediately.
AB 104 Summary:
  • A student is eligible for retention if enrolled in grades K–11, in the 2020-21 school year and received deficient grades for at least one-half of their courses.
  • The retention provisions of AB 104 do not apply to students who were in 12th grade in the 2020-21 school year.
  • The family of an eligible student must submit a written request to their local education agency (LEA) to retain their child in the same grade for the 2021–22 school year. Upon receiving the request, the LEA shall offer the family a consultation with the parent, student, administrator and teacher(s).
  • The consultation must occur within 30 calendar days of receiving the written request and must include:
    • Discussion of all available learning recovery options, including access to prior semester courses the student received a D or F letter grade, or some other form of credit recovery.
    • Consideration of the student’s academic data and any other information relevant to whether retention is in the student’s best interests, academically and socially.
    • Discussion about research on the effects of student retention and the types of interventions and supports that are beneficial.
  • The retention decision must be consistent with an eligible student’s individualized education program.
  • The LEA shall notify a parent with the final determination of the decision regarding the student’s retention within 10 calendar days of the consultation.