Student Retention for 2021-22 (AB 104)

What is Assembly Bill 104? 
AB 104 is new legislation recently signed into law that includes the following provisions and rights: 

  1. AB 104 requires school agencies to permit parents of eligible students to request retention in the student's 2020-2021 grade for the 2021-2022 school year.
  2. Parents/Guardians of students who were enrolled in grades K-8 during the 2020-21 school year may submit a written request to their child’s principal to initiate a retention consultation if their child received a D, F, No Pass, or N in half or more of their classes/subjects. 

How does a parent/guardian request a conference to discuss possible retention?
Parents must submit a written request to their child’s principal/site administrator for a retention consultation. 

How long does the site administrator/principal have to respond to the written retention request? 
The site administrator must offer a retention consultation meeting to be held within 30 calendar days of receipt of request.

What will be discussed at the retention consultation meeting?
The principal/site administrator and a teacher will discuss the following:

  • Discussion of all available learning recovery options;
  • Discussion about research on the effects of retention and the benefits of particular interventions and supports for students; and
  • Consideration of the student's academic data and any other information relevant to whether retention is in the student’s best interests both academically and socially.

How soon will I know if the retention request has been granted?
Schools must issue a decision within 10 calendar days of the consultation meeting. The final retention decision is made by district administration.  AB 104 does not require school districts to retain students.