AB 104: Retention Requests for Students with Disabilities

Posted on August 18, 2021 • Filed under Legal Topics

  • Parents of eligible students may request retention in the student's 2020 2021 grade for the 2021 2022 school year.

  • Eligible students are students in grades K through 11 who, during the 20 21 school year, received deficient grades (a D, F, No Pass) in at least half of their classes.

  • If a student with an IEP is recommended for retention, the IEP team should meet to thoroughly review the IEP.

  • Consideration questions are listed below for discussion at the IEP team meeting and the discussion is captured in the notes. Changes to the IEP as a result of the discussion may be necessary.

  • If changes were made to the IEP, a PWN is required.

  • The IEP team will make a recommendation as to the student's retention to the appropriate administrator for final determination.

  • The school must offer a retention consultation meeting within 30 days of the parent’s request. Consideration questions are listed below for discussion at the retention meeting.

  • The decision to retain is not considered an IEP placement decision, final determination is made by a school administrator in consultation with the parent(s).

  • The school must make a decision on retention requests within 10 calendar days of the retention meeting.

  • If the school determines retention appropriate, a follow-up IEP meeting may be necessary to discuss progress towards grade level goals and any additional supports and services that could be necessarily associated with the change in grade level.

Consideration Questions for the IEP team meeting:

  • Does the current IEP address the student’s academic, linguistic, social, emotional, and behavioral needs?
  • Are accommodations and modifications as indicated in the IEP appropriate?
  • Were all the services required by the student to make progress in the general education curriculum appropriately identified in the student’s IEP?
  • Were the linguistic needs of English Learners appropriately identified?
  • Did the student receive all the services identified in the IEP?
  • Was the student’s promotion standard appropriate and clarified in the IEP?
  • Was Extended School Year (ESY) considered?
  • Are there any learning loss mitigation strategies to implement or compensatory services owed as a result of the transition to distance learning? See Loss of Learning Guidance.


Consideration questions for the retention meeting:

  • What learning recovery options are available to the student?
  • What was the IEP team’s recommendation?
  • What are the student’s current academic scores?
  • What are the academic and social benefits/concerns of retention?


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