Assembly Bill (AB) 104, a California state law that went into effect on July 1, 2021, allows a variety of educational supports to be put in place to counteract the negative effects of the Covid-19 pandemic on students’ academic success.
This bill requires each California school district to develop and implement a policy that will allow eligible students, their parents, or guardians to choose retention as an option based on coursework and test scores of the previous year. The bill also provides high school students the option to change any grade on their transcript to a Pass/No Pass grade and in some cases, waive graduation credits.
How to Initiate Rights from AB 104:
Students’ parents or guardians initiate the process by providing a written request to their school’s administration. Eligible students will have received deficient grades for at least half of their coursework in the 2020-2021 school year.
Upon receiving a request from a parent or guardian, representatives from the student’s school as well as the school district have a 30-day timeframe in which to access and assess the student’s coursework and grades, discuss all possible grade recovery options, and meet with parents or guardians to make a decision about the best course of action as it aligns with the student’s individualized education plan (IEP).
If it is determined that retention is not in the best interest of the student’s academic success she will receive special education interventions and support as well as access to prior course materials in which the student received the deficient grade(s).
The intent of CA AB 104 is to provide students and their parents with autonomy over grade decisions based on the level of academic support that was not readily available during the pandemic. Many students struggled with the deliverability of services during that time which has compounded their inability to perform on grade level post-pandemic.
If you are looking for legal advice concerning AB 104 or other issues regarding rights for students with disabilities, contact the law offices of Jennifer Chang, a Los Angeles-based education rights attorney with a reputation for zealous representation.