BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1772
                                                                  Page  1

          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1772 (Buchanan) - As Amended:  April 11, 2012 

          Policy Committee:                              Education 
          Vote:7-4

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill, beginning with the 2014-15 school year, requires a 
          child to complete one year of kindergarten before he or she may 
          be admitted to first grade.  

           FISCAL EFFECT  

          1)Due to creation of a new mandate, GF/98 state reimbursable 
            mandated costs, in the tens of millions to hundreds of 
            millions, to require children to complete one year of 
            kindergarten prior to admission to first grade.  For example, 
            a school district that currently enrolls 1,000 kindergarteners 
            may claim teacher salary costs of approximately $2 million 
            GF/98 to meet the requirements of this bill.       

            In addition because this bill creates a mandate for 
            kindergarten, school districts may seek state reimbursement 
            for costs associated with establishing kindergarten classes, 
            including teacher salaries and instructional materials, 
            regardless if they are currently receive revenue limit 
            (general purpose) or categorical funding for this purpose.  In 
            an analogous situation, the Commission on State Mandates (CSM) 
            determined that when the state added the completion of science 
            classes as a requirement for high school graduation in the 
            1980s, the state created state reimbursable mandated costs and 
            districts could claim direct and indirect costs to provide 
            these classes (regardless if they were already providing these 
            science classes).  According to the Legislative Analyst Office 
            (LAO), the state owes approximately $2 billion in prior year 
            claims and approximately $200 million annually for this 
            mandate.  








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          2)Even if the CSM does not determine this bill to be a state 
            reimbursable mandate, there would be increased GF/98 revenue 
            limit (general purpose) costs of $45.6 million to the state 
            for increased kindergarten attendance due to the requirement 
            that all children attend K.  

           COMMENTS  

           1)Background  .  Existing law does not require children to attend 
            kindergarten.  SB 1381 (Simitian), 705, Statutes of 2010 
            specifies if a child does attend kindergarten, he or she must 
            be admitted if the child will have his or her fifth birthday 
            according to the following dates: (a) December 2 of the 
            2011-12 school year; (b) November 1 of the 2012-13 school 
            year; (c) October 1 of the 2013-14 school year; and September 
            1 of the 2014-15 and each school year thereafter.  

            Existing law also authorizes the governing board of a school 
            district, on a case-by-case basis and with parent/guardian 
            approval, to admit a child who is five years old any time 
            during the school year to kindergarten if specified conditions 
            exist.  

            Statute also requires a child to be admitted to first grade, 
            if he or she will have his or her sixth birthday according to 
            the following dates: (a) December 2 of the 2011-12 school 
            year; (b) November 1 of the 2012-13 school year; (c) October 1 
            of the 2013-14 school year; and (d) September 1 of the 2014-15 
            school year and each school year thereafter.  

            Current law requires each person between the age of 6 and 18 
            years to be subject to full-time compulsory education, unless 
            otherwise exempted.  Each child is required to attend school 
            full-time or the length of the school day designated by the 
            governing board of the school district in which the residency 
            of the parent/legal guardian is located.   Likewise, each 
            parent/guardian is required to send the pupil to school, as 
            specified. 

           2)Purpose  .  According to the author, "Early childhood education 
            is critical to student success.  Parents recognize this and 
            that is why such a high percentage of students first enroll in 
            kindergarten.  With the state adding Transitional Kindergarten 
            for five-year- olds born in September, October, and November 








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            ÝSB 1381 (Simitian), Chapter 705, Statutes of 2010], it is 
            important both academically and as a policy statement to make 
            kindergarten mandatory, not optional."

           3)Need  ?  In the 2010-11 school year, 471,918 children were 
            enrolled in kindergarten and 477,277 children were enrolled in 
            first grade.  According to the State Department of Education 
            (SDE), less than 5% of children do not attend kindergarten.  
            Assuming two percent of children enrolled in first grade do 
            not attend kindergarten, less than 10,000 children are not 
            attending kindergarten.      

            Current law does not require children to complete kindergarten 
            for admission to school and as such, school districts cannot 
            claim state reimbursable costs for providing kindergarten 
            instruction.  If there are such a small number who are not 
            attending kindergarten, is there a need to mandate completion 
            and create a state GF/98 reimbursable mandate?       
            
            4)Unpaid K-12 mandates  .  According to LAO, the state owes 
            approximately $3.4 billion in K-12 mandate costs for prior 
            years (not including the high school graduation mandate). 
            Prior to the 2010 Budget Act, the state deferred mandate 
            payments for several years with the promise of making the 
            payments to school districts in future years. As a result, 
            districts did not received payment for annual services they 
            were required to conduct. 

            SB 90 (Committee on Budget and Fiscal Review), Chapter 7, 
            Statutes of 2011 allocated $80 million GF/98 to school 
            districts for annual K-12 mandate costs; the state, however, 
            still owes school districts for the prior year costs.


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081