AB 104 Grade Change Requests

On July 1, 2021 Governor Gavin Newsom signed Assembly Bill (AB) 104 (Gonzalez) that contained an urgency clause, which take effect immediately.
AB 104 Summary:
  • A student is eligible for retention if enrolled in grades K–11, in the 2020-21 school year and received deficient grades for at least one-half of their courses.
  • The retention provisions of AB 104 do not apply to students who were in 12th grade in the 2020-21 school year.
  • The family of an eligible student must submit a written request to their local education agency (LEA) to retain their child in the same grade for the 2021–22 school year. Upon receiving the request, the LEA shall offer the family a consultation with the parent, student, administrator and teacher(s).
  • The consultation must occur within 30 calendar days of receiving the written request and must include:
    • Discussion of all available learning recovery options, including access to prior semester courses the student received a D or F letter grade, or some other form of credit recovery.
    • Consideration of the student’s academic data and any other information relevant to whether retention is in the student’s best interests, academically and socially.
    • Discussion about research on the effects of student retention and the types of interventions and supports that are beneficial.
  • The retention decision must be consistent with an eligible student’s individualized education program.
  • The LEA shall notify a parent with the final determination of the decision regarding the student’s retention within 10 calendar days of the consultation.
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Athletic Activities: Eric Paredes Sudden Cardiac Arrest Prevention Act
The Eric Paredes Sudden Cardiac Arrest Prevention Act (the “Act”) requires a charter school that elects to conduct athletic activities to have the participating student's parent or guardian, sign and return an acknowledgment of receipt for an information sheet on sudden cardiac arrest each school year before the student participates in an athletic activity.
The Information and Acknowledgment Form is included below. Please review, sign and return a copy of this form before your child participates in any athletic activity.
Athletic Activities: Automated External Defibrillator (“AED”)
If a charter school offers any interscholastic athletic program, the charter school must (1) ensure that there is a written emergency action plan in place, and posted as specified, that describes the location and procedures to be followed in the event of sudden cardiac arrest or other medical emergencies related to the athletic program’s activities or events, (2) acquire, commencing July 1, 2019, at least one AED for each school within the school district or the charter school to be available on campus, (3) encourage that the AED or AEDs are available for the purpose of rendering emergency care or treatment, as specified, (4) ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at the athletic program’s on campus activities or events, and (5) ensure that the AED or AEDs are maintained and regularly tested, as specified.
Any employee of the charter school is not liable for civil damages resulting from certain uses, attempted uses, or nonuses of an AED in the rendering of emergency care or treatment as long as the charter school complies with certain requirements related to an AED, as specified in Cal. Ed. Code section 35179.4.
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