AB 104 Retention:

Frequently Asked Questions

Who can apply for the AB 104 Retention? How is an "eligible pupil" defined?

Students in grades K-11 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 the 2020-2021 academic year.

  • Grades TK-5 = 1 (Below Grade Level Standard) in overall ELA or Math

  • Grades 6-11 = D/F or No Pass

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 the 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 through ParentSquare or direct contact from the school.

If a student is retained, do they get an extra year of athletic eligibility for high school sports?

  • According to California Interscholastic Federation (CIF) Bylaw 204, students are eligible for 8 CONSECUTIVE semesters of athletic participation. “Once a student attends a class and is continuously enrolled for 15 school days that clock begins”.

  • CNUSD cannot grant any additional semesters of athletic eligibility.

  • In extremely rare circumstances, CIF can grant a hardship as described in CIF Bylaws 203 and 213.

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?

  1. Complete the AB 104 Retention Consultation Request form. This can be submitted electronically or printed and dropped off with at the school's office. It is advisable that you follow up the electronic submission with an email to the school principal notifying them of the submission.

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