Curriculum & Instruction » AB-104 Pupil Instruction: Retention, Grade Changes, and Exemptions

AB-104 Pupil Instruction: Retention, Grade Changes, and Exemptions


Only for Students in Grades K-11 in 2020-2021

California Assembly Bill AB 104 requires California school districts to implement a supplemental policy regarding the retention of pupils who, in the 2020–21 academic year, received deficient grades, as specified, for at least 1/2 of the pupil’s coursework, except for pupils enrolled in grade 12 during 2020–21. For elementary students, a deficient grade is considered “significantly below standards” in several areas as noted on the report card. At the secondary level, a deficient grade is a D, F, a No Credit (NC), or No Pass (NP). The bill requires Castro Valley Unified School District (CVUSD), within 30 calendar days of receiving a written retention consultation request from a parent, to conduct the consultation with the parent, the pupil, the administrator, and a teacher to discuss all available learning recovery options. These options may include access to retake prior semester courses where the student received the deficient grades, and other interventions and supports. The school or district must notify the parent/guardian within 10 calendar days of the consultation of their final decision regarding the retention request. 

Parents and guardians should note that research on retention “does not produce higher achievement” according to the California Department of Education. Further, pupil retention is one of the few interventions shown to have a negative effect on learning

To request a consultation for retention for a student in grades K-11, please complete one of the forms below. The form should then be sent to contact the principal of the school that your student attended during the 2020-2021 school year.

CVUSD Board Policy 5123: Promotion/Acceleration/Retention
CVUSD Administrative Regulation 5123: Promotion/Acceleration/Retention

Grade Changes:

On July 1, 2021, Governor Gavin Newsom signed Assembly Bill (AB) 104. This new legislation allows students who were enrolled in courses required for high school graduation during the 2020-2021 school year to request that letter grades from the 2020-2021 school year be changed to a Pass or No Pass grade. The number or type of courses eligible for  this transcript adjustment cannot be limited by the school or district, and the grade change cannot  negatively impact a student’s grade point average.

The bill also requires the California State University (CSU) and requests the University of California (UC) and private colleges to accept Pass or No Pass grades on a student’s transcript for those courses taken  during the 2020–21 school year. It is important to note, however, that some postsecondary educational  institutions, including those in other states, may not accept a Pass or No Pass grade instead of a letter grade for admission purposes. The list of postsecondary institutions in California that will accept, for  admission purposes, a transcript with a Pass or No Pass grade instead of a letter grade is included at the end of this message.  

Students will have 15 calendar days following the school or district’s posting and notice to make any grade change requests. Schools and districts will have 15 calendar days after receiving a student’s request to change the transcript and notify the student and the parent/guardian of the change. 

Additionally, AB 104 mandates that students who meet California’s minimum requirements for graduation from high school be granted a diploma. CVUSD schools are providing additional support towards graduation including a fifth year of high school, credit recovery, or some other opportunity to complete State  graduation requirements. 

For the 2020–21 through 2023–24 school year, the following postsecondary institutions will accept, for admission purposes, a transcript with a Pass or No Pass grade instead of a letter grade for an  applicant pursuant to Education Code Section 49066.5(b). 

Official Postsecondary Institution Name 

California State University Schools:

  • California State University, Bakersfield
  • California State University Channel Islands
  • California State University, Chico
  • California State University, Dominguez Hills
  • California State University, East Bay
  • California State University, Fresno
  • California State University, Fullerton
  • Humboldt State University
  • California State University, Long Beach
  • California State University, Los Angeles
  • California State University Maritime Academy
  • California State University, Monterey Bay
  • California State University, Northridge
  • California State Polytechnic University, Pomona
  • California State University, Sacramento
  • California State University, San Bernardino
  • San Diego State University
  • San Francisco State University
  • San José State University
  • California Polytechnic State University, San Luis Obispo
  • California State University San Marcos
  • Sonoma State University
  • California State University, Stanislaus

University of California:

  • UC Berkeley
  • UC Davis
  • UC Irvine
  • UC Los Angeles
  • UC Merced
  • UC Riverside
  • UC San Diego
  • UC San Francisco
  • UC Santa Barbara
  • UC Santa Cruz

Private Universities:

  • Saint Mary's College of California
  • Holy Names University
  • Pitzer College
  • University of La Verne
  • Westmont College
  • Santa Clara University
  • University of Saint Katherine
  • University of Southern California
  • ArtCenter College of Design
  • California Baptist University
  • University of San Francisco
  • La Sierra University

Questions regarding eligible institutions: High School Innovation and Initiatives Office: (916) 319-0893 

If you have questions or need support regarding a grade change request, please contact your child’s school or the Educational Services Department at (510) 537-3000 x1271