AB 104 / 130 Updates

On Thursday, July 1, 2021, Governor Newsom signed Assembly Bill 104  into law.  On July 9, 2021, Governor Newsom also signed Assembly Bill 130 into law. We would like to provide you with important information on how this legislation may relate to your student. AB 104 contained three major provisions:grading, graduation policies, and  retention.  AB130 addresses student access to Independent Studies for the school year 2021-2022. 

Graduation Policies

AB 104 exempts 2020-21 juniors and seniors from high school graduation requirements beyond statewide requirements if they are not on track to graduate in four years and requires school districts to provide opportunities for juniors and seniors to meet statewide graduation requirements through, among other avenues, a fifth year of high school. 

Please contact your school site with any additional questions you may have. 

Retention

Students in grades K-11 that are eligible pupils.  An “eligible pupil” is defined as a student who received deficient grades (a D or F) for at least one-half of the student’s coursework in the 2020-2021 academic year.

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 No Pass. This temporary retention policy is in addition to any existing district retention policies. Students who were in 12th grade in 2020-21 are not eligible.    

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.

  • 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.

Notice of Independent Studies Amendments Per AB/SB 130

For the 2021-22 school year only, school districts are required to offer students independent study. Under the amended independent study bill, a school district must offer independent study for a pupil whose health would be put at risk by in-person instruction, as determined by the parent or guardian for the 2020-21 school year only.  For special education students, participation in independent study continues to be subject to IEP team determination as already provided in the law.  

The new education code requires the following:

(a) Independent Study will now be offered to students whose health would be put at risk by in-person instruction, as determined by the parent or guardian.   

(b) Students who enroll in independent study will be expected to participate in the following instructional opportunities:

Grades 9-12:  At least weekly synchronous instruction, and asynchronous instruction as required by the student’s teacher or course

Additional information regarding the instructional time that students will be expected to participate in, as well as the curriculum and nonacademic supports available to students in independent study will be provided during the pupil-parent-educator conference described in  Section (f), below.

(c) A-G courses and any courses required for graduation must be offered and be aligned to grade-level standards.

(d) Tiered re-engagement procedures must be implemented for students who are not in attendance for more than three school days or 60% of instructional days in a school week, or who are in violation of their written Independent Study agreement.  These procedures must include at least the following:

  1. Verification of current contact information for each enrolled pupil. 
  2. Notification to parents or guardians of lack of participation within one school day of the absence or lack of participation. 
  3. A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary. 
  4. A clear standard for requiring a pupil-parent-educator conference to review a pupil’s written agreement, and reconsider the independent study program’s impact on the pupil’s achievement and well-being.   

(e) The following rights and procedures will apply to students who wish to enroll, disenroll, and re-enroll in independent study:

  1. For enrollment in a course-based independent study program, a learning agreement must be signed by the student (or the student’s parent or legal guardian if the student is not at least 18 years old), the teacher who will be responsible for the general supervision of the student, and all other persons who will be directly responsible for providing assistance to the student before the student can begin receiving instruction in the course-based independent study program;
  2.   For enrollment in a traditional independent study program, an independent study agreement must be signed by the student (or the student’s parent or legal guardian if the student is not at least 18 years old), the teacher who will be responsible for the general supervision of the student, and all other persons who will be directly responsible for providing assistance to the student no later than 30 days after the first day of instruction;
  3. Parents and guardians have a right to request a pupil-parent-conference, as described in Section (f), below, before enrollment in an independent study program;
  4. A plan must be put in place to transition students who wish to return to in-person instruction expeditiously upon parent request (no later than 5 instructional days).

For more information regarding these procedures or the independent study programs available, please contact Kathy Greaves kathy.greaves@oxnardunion.org.

(f) Before signing a learning agreement or an independent study agreement, a parent or guardian of a student can request a phone, videoconference, or in-person pupil-parent-educator conference or other school meeting where the student, parent or guardian, or, if requested, an education advocate, may ask questions about the educational options, including which curriculum and nonacademic supports will be available to the student through independent study before making a decision about enrollment or disenrollment in the various options for learning.

(g) Students’ participation in live interaction and synchronous instruction must be documented for each day of Independent Study.

(h) Written or computer-based evidence of student engagement must be maintained for each course and student, including a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades.