BILL NUMBER: SB 1381	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN SENATE  APRIL 20, 2010
	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to amend Sections 42238.5, 48000, and 48010 of the
Education Code, relating to kindergarten.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1381, as amended, Simitian. Kindergarten: age of admission.
   (1) Existing law requires that a child be admitted to kindergarten
at the beginning of a school year, or at any time later in the same
year if the child will have his or her 5th birthday on or before
December 2 of that school year. An elementary school is required to
admit a child to the first grade during the first month of a school
year if the child will have his or her 6th birthday on or before
December 2 of that school year.
   This bill would change the required birthday for admission to
kindergarten and first grade to November 1 for the 2012-13 school
year, October 1 for the 2013-14 school year, and September 1 for the
2014-15 school year and each school year thereafter. To the extent
those changes establish new administrative duties on the governing
boards of school districts in implementing the changes, they would
impose a state-mandated local program. 
   The bill would state the intent of the Legislature to appropriate
in the annual Budget Act 1/2 of the savings resulting from changes
enacted by this bill for purposes of expanding the state preschool
program and that children who are 4 and 5 years of age and not
eligible for kindergarten be allowed to participate in that preschool
program. 
   (2) Existing law requires the county superintendent of schools to
determine a revenue limit for each school district in the county for
each fiscal year. Under existing law, in order to mitigate the
effects of any declining enrollment, the revenue limit calculation
for each school district utilizes the 2nd principal apportionment
average daily attendance (ADA) of the district for either the current
or prior fiscal year, whichever is greater.
   This bill would prohibit a school district from including the
 year to year   year-to-   year 
loss of ADA for kindergarten in the 2012-13, 2013-14, or 2014-15
fiscal year.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42238.5 of the Education Code is amended to
read:
   42238.5.  (a) For purposes of Section 42238, the fiscal year
average daily attendance shall be computed pursuant to paragraph (1)
or (2).
   (1) The second principal apportionment regular average daily
attendance for either the current or prior fiscal year, whichever is
greater. However, prior fiscal year average daily attendance shall be
adjusted for any loss or gain of average daily attendance due to a
reorganization or transfer of territory, or, commencing in the
1993-94 fiscal year, and each fiscal year thereafter, for any change
in average daily attendance for pupils who are concurrently enrolled
in adult programs and classes pursuant to Section 52616.17.In
computing the fiscal year average daily attendance, a school district
shall not include the year-to-year loss of average daily attendance
in kindergarten for the 2012-13, 2013-14, or 2014-15 fiscal year.
   (2) Any school district that elects to receive funding pursuant to
Article 4 (commencing with Section 42280) shall compute its units of
average daily attendance for purposes of Section 42238 by
subtracting the amount determined in subparagraph (B) from the amount
determined in subparagraph (A).
   (A) The units of average daily attendance computed pursuant to
paragraph (1).
   (B) The units of average daily attendance resulting from pupils
attending schools funded pursuant to Article 4 (commencing with
Section 42280).
   (b) For purposes of this article, regular average daily attendance
shall be the base revenue limit average daily attendance, excluding
summer school average daily attendance.
   (c) For purposes of this section, for the 1998-99 fiscal year
only, the prior year average daily attendance shall be the 1997-98
regular average daily attendance, excluding absences excused pursuant
to subdivision (b) of Section 46010, as that subdivision read on
July 1, 1996.
  SEC. 2.  Section 48000 of the Education Code is amended to read:
   48000.  (a) A child shall be admitted to a kindergarten at the
beginning of a school year, or at a later time in the same year if
the child will have his or her fifth birthday on or before one of the
following dates:
   (1) December 2 of the 2011-12 school year.
   (2) November 1 of the 2012-13 school year.
   (3) October 1 of the 2013-14 school year.
   (4) September 1 of the 2014-15 school year and each school year
thereafter.
   (b) A child who will have his or her fifth birthday on or before
one of the dates described in paragraphs (1) to (4), inclusive, of
subdivision (a) may be admitted to the prekindergarten summer program
maintained by the school district for pupils who will be enrolling
in kindergarten in September.
   (c) The governing board of a school district maintaining one or
more kindergartens may, on a case-by-case basis, admit to a
kindergarten a child having attained the age of five years at any
time during the school year with the approval of the parent or
guardian, subject to the following conditions:
   (1) The governing board determines that the admittance is in the
best interests of the child.
   (2) The parent or guardian is given information regarding the
advantages and disadvantages and any other explanatory information
about the effect of this early admittance.
  SEC. 3.  Section 48010 of the Education Code is amended to read:
   48010.  (a) A child shall be admitted to the first grade of an
elementary school during the first month of a school year if the
child will have his or her sixth birthday on or before one of the
following dates:
   (1) December 2 of the 2011-12 school year.
   (2) November 1 of the 2012-13 school year.
   (3) October 1 of the 2013-14 school year.
   (4) September 1 of the 2014-15 school year and each school year
thereafter.
   (b) For good cause, the governing board of a school district may
permit a child of proper age to be admitted to a class after the
first school month of the school term. 
  SEC. 4.    It is the intent of the Legislature to
appropriate in the annual Budget Act one-half of the savings
resulting from changes enacted by this bill for purposes of expanding
the state preschool program, as set forth in Article 7 (commencing
with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 of
the Education Code. It is further the intent of the Legislature that
children who are four and five years of age and ineligible for
admission to kindergarten be allowed to participate in the state
preschool program. 
   SEC. 5.   SEC. 4.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.