BILL NUMBER: SB 1381	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 30, 2010
	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	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   Senators Simitian and Steinberg
   (Principal coauthors: Senators Pavley and Runner)
   (Principal coauthors: Assembly Members Brownley and Mendoza)

                        FEBRUARY 19, 2010

   An act to amend Sections 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) 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.  This act shall be known and may be cited as the
Kindergarten Readiness Act of 2010.
  SEC. 2.  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) (1)  Notwithstanding subdivision (d) of Section 41204,
in   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 or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:
   (A) 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.
   (B) The pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.
   (2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten.
  SEC. 3.  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) 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) As a condition of receipt of apportionment for pupils in a
transitional kindergarten program pursuant to subdivision (g) of
Section 46300, a school district or charter school shall ensure the
following:
   (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.
   (e) A transitional kindergarten shall not be construed as a new
program or higher level of service.
  SEC. 4.  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. 5.    The Legislature finds and declares that
pupils participating in transitional kindergarten are to be included
in computing the average daily attendance of a school district for
purposes of calculating school district apportionments and the
funding requirements of Section 8 of Article XVI of the California
Constitution. 
   SEC. 5.   SEC. 6.   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.