Engaging Young Minds for Limitless Futures.
Menifee Union School District

AB104 Information

AB104 UPDATE

On Thursday, July 1, 2021, Governor Newsom signed Assembly Bill 104 into law, and we’d like to provide you with important information on how this legislation may relate to your student. The bill contained major provisions for retention policies.  

RETENTION

In preparation for the 2021-22 school year, students will be eligible for a retention consultation if they received deficient grades for at least one-half of their coursework in 2020-21 and their parents are interested in holding them back a grade level. Deficient grades include grades of D, F, or 1. This temporary retention policy is in addition to any existing district retention policies.  

Parents/guardians of eligible students must request the retention consultation in writing. Districts then have 30 calendar days to hold the consultation and 10 calendar days after that meeting to issue a final decision.

How to Request Retention Consultation

If you would like to request a retention consultation for your “eligible pupil” (a pupil who has received deficient grades for at least one-half of the pupil’s coursework in the 2020-21 academic year), please follow these steps:

  1. Review the Frequently Asked Questions below

  2. Give written notification for request for retention meeting to site principals

  3. You will be contacted and a consultation meeting will be held within 30 calendar days after submitting your request

Retention Frequently Asked Questions

Who can apply got the AB 104 Retention?

Students in grades TK-8 that are eligible pupils.  An “eligible pupil” is defined as a student who received deficient grades for at least one-half of the student’s coursework in 2020-2021 academic year.

TK = NT (Needs More Time)

Grades K-2 = score of 1

Grades 3-6 = D/F

Grades 7-8 = D/F or 1

How soon will the meeting be held after I submit my AB 104 Retention Consultation Request?

The consultation meeting must be held within 30 calendar days after receiving a written request for an “eligible pupil”.

If a student has been previously retained does AB 104 Retention apply?

If your student is an “eligible pupil”, you may request the AB 104 Retention Consultation.

How soon will I be notified of the final determination of the student's retention?

You will be notified within 10 calendar days of the consultation of the final determination. The notice will be on Parent Connect.

If I am an elementary school or middle school student, can this affect my future high school sports eligibility?

Retention can affect future athletic eligibility. California Interscholastic Federation (CIF) has rules around the age of students and eligibility.  Please refer to CIF Bylaws 203 and 204 to read about the current age eligibility rules for high school sports.

What does the research say about retention?

Below are some studies about the effects of pupil retention.

  • Jimerson, Shane, Sarah M. Woehr, and Amber M. Kaufman. 2007. Grade Retention and Promotion: Information for Parents (PDF). Bethesda, Maryland: National Association for School Psychologists (accessed April 28, 2016). 
    • Grade retention is one of the most powerful predictors of high school dropout. In adolescence, retained students are more likely to experience problems such as poor interactions with peers, disliking school, behavior problems, and lower self-esteem.
  • Learning Disabilities Association. 1998. To Promote or Retain?  Pittsburgh, PA:Learning Disabilities Association (accessed July 6, 2015).
    • The weight of the evidence of literally hundreds of studies shows that retaining children does not produce higher achievement. Rather than flunking students, schools should provide high quality instruction for children who find learning difficult.
  • Thompson, C. and E. Cunningham.  2000. Retention and Social Promotion: Research and Implications for Policy  (PDF). ERIC Digest Number 161 (accessed July 6, 2015).
    • Retaining students, regardless of the grade at which they are retained, increases the likelihood that they will drop out of school. Consistent with the Chicago findings, the advantage for retained students declined each year and disappeared altogether after three years.

How do I request a Retention Consultation?

Contact your school site principal in writing.


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