2023 California Code › Education Code - EDC › TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION › DIVISION 4 - INSTRUCTION AND SERVICES › PART 27 - PUPILS › CHAPTER 1 - Admission › ARTICLE 7 - Promotion and Retention › Section 48071.

48071. (a) For purposes of this section, the following definitions apply:
(1) (A) Except as provided in subparagraph (B), “eligible pupil” means either of the following:
(1) (A) Except as provided in subparagraph (B), “eligible pupil” means a pupil who has received deficient grades for at least one-half of the pupil’s coursework in the 2020–21 academic year. For purposes of this paragraph, a deficient grade is a D, F, a No Pass, or an equivalent as determined by the local educational agency.
(B) A pupil enrolled in grade 12 during the 2020–21 school year shall not be eligible for retention under this section.
(2) “Local educational agency” means a school district, county office of education, or charter school.
(3) “Parent” means the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder.
(b) (1) Notwithstanding any other law, a local educational agency shall implement this section and shall permit an eligible pupil for whom a decision to retain is made by the local educational agency to be retained in the pupil’s 2020–21 grade level for the 2021–22 academic year.
(2) The requirements of this section are supplemental to, and do not replace, any existing retention policy, which shall continue to remain operative for all school years.
(c) A local educational agency, upon receiving a written request from the parent of an eligible pupil to retain the pupil for the 2021–22 school year, shall offer the parent a consultation with the parent, the pupil, the administrator, and a teacher. A consultation shall occur within 30 calendar days of receiving the written request for a consultation and shall include all of the following:
(1) Discussion of all available learning recovery options, including both of the following:
(A) Specific interventions and supports pursuant to Part 24.6 (commencing with Section 43520) of Division 3.
(B) Access to prior semester courses in which the pupil received a D or F letter grade in the 2020–21 academic year, some other form of credit recovery, or other support pursuant to Section 51225.
(2) Consideration of the pupil’s academic data and any other information relevant to whether retention is in the pupil’s best interests, academically and socially.
(3) Discussion about research on the effects of pupil retention and the types of interventions and supports that have been shown to be beneficial to pupils.
(d) A local educational agency shall ensure that a retention decision is consistent with an eligible pupil’s individualized education program.
(e) A local educational agency shall notify a parent with the final determination of the local educational agency’s decision regarding the pupil’s retention within 10 calendar days of the consultation described in subdivision (c).
(f) A pupil retained pursuant to this section shall also be offered supplemental interventions and supports pursuant to Part 24.6 (commencing with Section 43520) of Division 3.
(g) A pupil who is not retained pursuant to this section shall be offered both of the following:
(1) Specific interventions and support pursuant to Part 24.6 (commencing with Section 43520) of Division 3.
(2) Access to prior semester courses in which the pupil received a D or F letter grade in the 2020–21 academic year, some other form of credit recovery, or other supports pursuant to Section 51225.
(Added by Stats. 2021, Ch. 41, Sec. 1. (AB 104) Effective July 1, 2021.)