BILL NUMBER: SB 1381	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 4, 2010
	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   46300
 , 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  , and would
require a child whose admission to a traditional kindergarten is
delayed to be admitted to a transitional kindergarten program, as
  defined. The bill would require pupils who are
participating in transitional kindergarten to be included in
computing the average daily attendance of a school district in
accordance with specified requirements  . 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. 
   (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 loss of ADA for kindergarten in the 2012-13, 2013-14, or
2014-15 fiscal year.  
   (3) 
    (2)  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. 
   SECTION 1.    Section 46300 of the  
Education Code   is amended to read: 
   46300.  (a) In computing average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities required
of those pupils and under the immediate supervision and control of
an employee of the district or county office who possessed a valid
certification document, registered as required by law.
   (b) (1) For purposes of a work experience education program in a
secondary school that meets the standards of the California State
Plan for Career Technical Education, "immediate supervision," in the
context of off-campus work training stations, means pupil
participation in on-the-job training as outlined under a training
agreement, coordinated by the school district under a state-approved
plan, wherein the employer and certificated school personnel share
the responsibility for on-the-job supervision.
   (2) The pupil-teacher ratio in a work experience program shall not
exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant to
Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2 under criteria developed by the state board.
   (3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day, and
shall be a full-time pupil enrolled in regular classes that meet the
requirements of Section 46141 or 46144.
   (c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, "immediate supervision" means that the person to whom
the pupil is required to report for training, counseling, tutoring,
or other prescribed activity shares the responsibility for the
supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.
   (2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.
   (d) (1) For purposes of computing the average daily attendance of
pupils engaged in the educational activities required of high school
pupils who are also enrolled in a regional occupational center or
regional occupational program, the school district shall receive
proportional average daily attendance credit for those educational
activities that are less than the minimum schoolday, pursuant to
regulations adopted by the state board; however, none of that
attendance shall be counted for purposes of computing attendance
pursuant to Section 52324.
   (2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.
   (3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant to
Section 52316, the divisor is 180.
   (4) Notwithstanding any other provision of law, travel time of
pupils to attend a regional occupational center or regional
occupational program shall not be used in any manner in the
computation of average daily attendance.
   (e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 for five or
more consecutive schooldays.
   (2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.
   (f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
"immediate supervision" means pupil participation in paid and unpaid
on-the-job experiences, as outlined under a training agreement and
individualized training plans wherein the supervisor of the training
site and certificated school personnel share the responsibility for
the supervision of on-the-job experiences.
   (g) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten  only if the   if one of the
following conditions is   met: 
    (1)     The  school district has on
file for each of those pupils an agreement made pursuant to Section
48011, approved in form and content by the department and signed by
the pupil's parent or guardian, that the pupil may continue in
kindergarten for not more than one additional school year. 
   (2)  The pupils are participating in a transitional kindergarten
program pursuant to subdivision (c) of Section 48000. 
  SEC. 2.  Section 48000 of the Education Code is amended to read:
   48000.  (a) A child shall be admitted to a kindergarten 
maintained by the school district  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) 
    (b)  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. 
   (c) (1) In the 2012-13 school year, a child who will have his or
her fifth birthday between November 2 and December 2 shall be
admitted to a transitional kindergarten program maintained by the
school district.  
   (2) In the 2013-14 school year, a child who will have his or her
fifth birthday between October 2 and December 2 shall be admitted to
a transitional kindergarten program maintained by the school
district.  
   (3) In the 2014-15 school year and each school year thereafter, a
child who will have his or her fifth birthday between September 2 and
December 2 shall be admitted to a transitional kindergarten program
maintained by the school district.  
   (d) For purposes of this section, "transitional kindergarten"
means the first year of a two-year kindergarten program that uses a
modified kindergarten curriculum that is age and developmentally
appropriate.
  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.  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.