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Assembly Bill 104 (Education Code 48071, 49066.5, 51225)

On July 1, 2021, Governor Newsom signed Assembly Bill 104 to add Sections 48017, 49066.5, and 51225 to the Education Code. The new laws require local educational agencies (including charter schools) to implement several remedial provisions to mitigate the hardships of COVID-19 on students.

Three Sections of AB 104: 

1. Supplemental Requirements for Retention (ed code 48071)
2. Grading Requirements for High School Students (ed code 49066.5)
3. High School Graduation Requirements (ed code 51225)

Below lists the details to each section of AB 104. 

The following new requirements are effective immediately:

1. Supplemental Requirements for Retention (ed code 48071)
    1. The term "retention" in regards to school means repeating an academic year of school. Retention in school is also called grade retention, being held back, or repeating a grade.
    2. Eligible retention students are students who received deficient grades (D, F, or no pass) for at least one-half of the pupil’s coursework in the 2020-2021 academic year. 
    3. If you would like to request retention for your student, please send an email or letter addressed to the principal, Mrs. Jasper Lucas, requesting to have a meeting, which will include the parent/legal guardian, student, principal, and a teacher.
    4. Here’s a template to help you draft an email or letter: 

To: Jasper Lucas, [email protected]

Cc: Hiliana Garcia, [email protected]

Subject: Request for Retention

Dear Mrs. Lucas, I am requesting a meeting with you and a teacher to formally request retention for my child, {insert names of student}, who is currently in grade {insert grade level}. I am available to meet with you {insert available dates/times}. My child is eligible because they received Ds, Fs or no pass in more than half of their coursework during the 2020-2021 school year. Thank you. 

e. We will schedule a meeting within 30 days of the request.
f. A decision within 10 days of the meeting.

2. Grading Requirements for High School Students (ed code 49066.5)
      1. The parent, guardian, or educational rights holder of any student (or a student who is 18 years of age) who was enrolled in grades 9-12 in the 2020-21 academic year may request to change a letter grade earned in a high school course in the 2020-21 school year to Pass or No Pass on their transcript. 
      2. Grade changes do not apply to college courses (including MVC and MSJC).
      3. Pass or No Pass (P/NP) grades do not get calculated on your overall GPA. 
      4. Grade change form available on our school website by August 2, 2021. Please visit this website to access the form on August 2nd. .
      5. Forms MUST be turned in by August 17, 2021. We cannot accept late forms. Please email a completed form to [email protected] or drop it off at the front office Monday - Thursday 7:30am-3:30pm or Friday 7:30am - 2:00pm. You will receive a receipt for submitting your form.
      6. For the 2020–21 through 2023–24 school year, the following postsecondary institutions that 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) and the list is also on the California Department of Education website:

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) Schools:

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
Mount Saint Mary's University


g.     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.  If the pupil in question has applied for, or is intending to apply for admission to a postsecondary educational institution that does not appear on the list noted above, a consultation with the Admissions office of that institution is highly recommended. Please contact your counselor ([email protected] for students with last names A-L and [email protected] for students with last names M-Z) for guidance on specific colleges you are applying to. There’s also an FAQ below) to help you with your decision to change your grade to P/NP when applying to CSUs or UCs. 
h.     NBECHS will change the grade on the transcript and notify the student and parent/guardian within 15 days of receiving the application.
3.     High School Graduation Requirements (ed code 51225):

a.     Students who were in 10th or 11th grade during 2020-2021 not on track to graduate in four years may graduate with state graduation requirements (rather than the local graduation requirements).
b.     State graduation requirements include: 
      • 3 years of English
      • 2 years of math
      • 3 years of social science (including World History, US History, one semester of Government and one semester of Economics)
      • 2 years of science
      • 2 years of physical education
      • 1 year of (foreign language, arts or CTE
c.    Counselors will conduct Academic Plan reviews during the student’s senior year to determine if the student cannot meet local graduation requirements but will meet state graduation requirements to be able to graduate on time.
d.     Students and/or parents are encouraged to meet with their counselor to discuss the college/career plans prior to expected graduation ([email protected] for students with last names A-L and [email protected] for students with last names M-Z). 

Assembly Bill 104 (Education Code 49066.5)

Frequently Asked Questions

California State University (CSU): COVID-19 Admissions Policy

  1. I am a current high school student. How will Pass/No Pass or Credit/No Credit grades impact my ability to apply to the CSU?

The CSU has temporarily suspended the letter grade requirements for “A-G” courses completed in the winter, spring, summer, and fall 2020 terms and winter, spring, and summer 2021 terms. This means that for Fall 2022 and future admission cycles, for courses you took in high school during these terms, Pass and Credit grades will satisfy completion of “A-G” requirements.

  1. How will the CSU calculate my GPA if I receive Pass or No Pass (Credit/No Credit) grades in A-G courses? 

Pass (Credit) grade will meet the A-G subject requirements but will not be calculated in the GPA. The CSU will continue to calculate the GPA for admission purposes using all “A-G” courses that have letter grades in grades 10 and 11, including summer terms following grades 9, 10, and 11.

University of California (UC): COVID-19 Admissions Policy

  1. How will Pass/No Pass (Credit/No Credit)grades earned during the COVID-19 pandemic impact my ability to be eligible and competitive for UC? 

Pass (P) or Credit (CR) grades earned during spring, summer, and fall 2020, as well as spring and summer 2021, will meet A-G requirements for any student who was enrolled in high school during the 2019-20 and 2020-21 academic years. This includes students currently enrolled in 9th, 10th, 11th, and 12th grades.

  1. How will UC calculate my GPA if I receive Pass or No Pass (Credit/No Credit) grades in some A-G courses? 

UC will continue to calculate the GPA for admission purposes using all A-G courses passed with letter grades in grades 10 and 11, including summer terms following grades 9, 10, and 111. Pass (P) or Credit (CR) grades earned in spring 2020 through summer 2021 will meet A-G subject requirements but will not be calculated in the GPA. Extra points in honors-level coursework will continue to be capped at 8 semester of honors points in A-G courses completed with letter grades of A, B, and C in grades 10 and 11.