(a) (1) This section applies only to pupils enrolled in high school in the 2020-21 academic year.

(2) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

Terms Used In California Education Code 49066.5

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Parent: means a natural parent, an adopted parent, or legal guardian. See California Education Code 49061
  • School district: means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department. See California Education Code 49061
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(b) The parent, guardian, or education rights holder of a pupil or, for a pupil 18 years of age or older, the pupil who was enrolled in high school and enrolled in a course during the 2020-21 school year may apply to the pupil’s local educational agency to have a letter grade earned for that course, as reflected on the pupil’s transcript, changed to a Pass or No Pass grade.

(c) Notwithstanding any other law, a local educational agency shall grant a request described in subdivision (b). All of the following shall apply to the granting of the request:

(1) Subject to the conditions in subdivision (b), the local educational agency shall not limit the number or type of courses eligible for the grade change.

(2) The grade change shall not negatively affect the pupil’s grade point average.

(3) Notwithstanding any other law, the grade change shall not result in the forfeiture of the pupil’s eligibility or entitlement to state or institutional student financial aid.

(d) The California State University shall, and private postsecondary educational institutions and the University of California are encouraged to, do both of the following:

(1) Accept for admission purposes, and without prejudice, a transcript with a Pass or No Pass grade instead of a letter grade for any coursework described in subdivision (b) for an applicant who had enrolled in a high school in the state during any school year from the 2020-21 school year to the 2023-24 school year, inclusive.

(2) Within 15 calendar days of the operative date of the act that added this section, notify the department if the institution will comply with paragraph (1).

(e) The department shall post on its internet website, and provide to local educational agencies, both of the following:

(1) Within 15 calendar days of the operative date of the act that added this section, an application template for use by local educational agencies for the grade change described in subdivision (b).

(2) Within 20 calendar days of the operative date of the act that added this section, a list of postsecondary educational institutions operating in the state that have indicated, pursuant to paragraph (2) of subdivision (d), that they will comply with paragraph (1) of subdivision (d).

(f) Within 15 calendar days of the department posting the application template pursuant to paragraph (1) of subdivision (e), a local educational agency serving high school pupils shall post a notice on its internet website and provide written notice to its pupils and their parents or guardians of the grade change option described in subdivision (b). The notice shall include all of the following:

(1) The application to request a grade change.

(2) The list of postsecondary educational institutions described in paragraph (2) of subdivision (e).

(3) A statement that some postsecondary educational institutions, including those in other states, may not accept a Pass or No Pass grade instead of a letter grade for admission purposes.

(g) (1) Except as provided in paragraphs (2) and (3), an application described in subdivision (b) shall be submitted to the pupil’s local educational agency within 15 calendar days of the local educational agency, pursuant to subdivision (f), posting a notice on its internet website and providing written notice to its pupils and their parents or guardians.

(2) Notwithstanding paragraph (1), an application that has been submitted under subdivision (b) to the pupil’s local educational agency after the deadline described in paragraph (1) shall be accepted by the local educational agency pursuant to subdivision (c) if the application is received by the pupil’s local educational agency on or before October 1, 2021.

(3) Notwithstanding paragraphs (1) and (2), a local educational agency may accept an application submitted under subdivision (b) after October 1, 2021, for the 2020-21 school year.

(h) A local educational agency shall change a transcript pursuant to subdivision (c) and shall notify the pupil and the pupil’s parent or guardian of the change within 15 calendar days of receiving the pupil’s application pursuant to subdivision (b).

(Amended by Stats. 2021, Ch. 252, Sec. 22. (AB 167) Effective September 23, 2021.)

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