AB 104 – Encourages Private Postsecondary Institutions To Accept Pass/Fail Grade Changes Under Certain Circumstances

CATEGORY: Private Education Matters
CLIENT TYPE: Private Education
DATE: Oct 29, 2021

Assembly Bill (AB 104) requires school districts, county offices of education, and charter schools to comply with new requirements in three specific areas:

  1. Implementation of a pupil retention policy and protocol for pupils who received deficient grades in half of their coursework during the academic year of 2020-21 and who were in grades 9-11;
  2. Allow parents, guardians or education rights holder of a pupil, or a pupil who is 18 years or older and who was enrolled in a high school course during the 2020–21 school year to apply to the pupil’s school district, county board of education, or charter school to change the letter grade for that course to a Pass or No Pass grade on the pupil’s transcript;
  3. Pupils in their 3rd and 4th year of high school who are not on track to graduate in 4 years in the 2020-21 or 2021-22 school year, must be given the opportunity to complete the statewide coursework required for graduation, which may include allowing the pupil a 5th year of instruction.

While the California State University is required to accept the grade change, the University of California and private postsecondary institutions are merely encouraged to accept the grade change.  Private postsecondary institutions are required to notify the State Department Education as to whether they will accept the changed transcripts for admission purposes.

AB 104 was an urgency statute, which means it was effective upon approval by the governor.  This bill became law on July 1, 2021.

(AB 104 adds Sections 48071, 49066.5, and 51225 to the Education Code; this bill was an urgency bill and became effective immediately.)

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