Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1719

Introduced by Assembly begin delete Member end delete begin insert Members Weber and end insert Buchanan

February 13, 2014

begin delete An act to amend Section 51200 of the Education Code, relating to school curriculum. end delete begin insert An act to amend Section 37202 of, to amend and repeal Sections 8973, 46111, 46117, 46118, and 46119 of, and to amend, repeal, and add Sections 46112 and 46114 of, the Education Code, relating to kindergarten. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1719, as amended, begin delete Buchanan end delete begin insert Weber end insert . begin delete School curriculum: required courses of study. end delete begin insert Full-day kindergarten. end insert

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Existing law provides that school districts offering kindergarten may maintain kindergarten classes at different schoolsites for different lengths of time.

end insert begin insert

This bill would require, commencing with the 2017-18 school year, school districts offering kindergarten to implement a full-day kindergarten program, thereby imposing a state-mandated local program. The bill would permit a school to postpone implementation of a full-day kindergarten if its governing board approves the postponement. The bill would require the governing board of the school district to submit the reasons for the postponement to the State Department of Education within one month of the vote. The bill would provide that a minimum schoolday for full-day kindergarten is 230 minutes, as specified. The bill would provide that a school district that has postponed implementation of the full-day kindergarten requirement has a minimum schoolday of 180 minutes.

end insert begin insert

This bill also would make conforming changes to other provisions of existing law.

end insert begin insert

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.

end insert begin insert

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.

end insert begin delete

Existing law prescribes the required courses of study for grades 1 to 12, inclusive.

end delete begin delete

This bill would make a nonsubstantive change in those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

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(a) All California public school kindergarten pupils deserve the
opportunity to maximize their growth, development, and success
at this critical time in their developmental process.

end insert begin insert

(b) Full-day kindergarten provides this opportunity through a
longer instructional day that has proven to be successful where it
has been implemented. School districts can obtain an example of
an extended kindergarten curriculum to help them more easily
transition to the program. One example curriculum that was
designed for a full-day kindergarten program is available through
the Los Angeles Unified School District, which has already
implemented a full-day program.

end insert begin insert

(c) Full-day kindergarten should provide time to meet the
developmentally based instructional needs of the whole child. It
should encompass all curricular areas, including visual and
performing arts and physical education, as outlined in the state
adopted curriculum frameworks.

end insert begin insert

(d) In addition, full-day kindergarten must be a priority for
school districts and reserving or obtaining space for the full-day
kindergarten program must take precedence over all nonclass
requirements.

end insert begin insert

(e) However, some school districts may face difficulties in
transitioning to a full-day kindergarten program and these school
districts must be provided with the necessary time to achieve
readiness.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8973 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8973.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, the
kindergarten schoolday in an early primary program conducted
pursuant to Section 8972 may exceed four hours, exclusive of
recesses, provided that both of the following conditions are met:

begin delete

(a)

end delete

begin insert (1) end insert  The governing board of a school district declares that the
extended-day kindergarten program does not exceed the length of
the primary schoolday.

begin delete

(b)

end delete

begin insert (2) end insert  The extended-day kindergarten program takes into account
ample opportunity for both active and quiet activities within an
integrated, experiential, and developmentally appropriate
educational program.

begin insert

(b) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 37202 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

37202.  

(a) Except if a school has been closed by order of a
city or a county board of health, or of the State Board of Health,
on account of contagious disease, or if the school has been closed
on account of fire, flood, or other public disaster, the governing
board of a school district shall maintain all of the elementary day
schools established by it for an equal length of time during the
school year and all of the day high schools established by it for an
equal length of time during the school year.

(b) Notwithstanding subdivision (a), a school district that is
implementing an early primary program, pursuant to Chapter 8
(commencing with Section 8970) of Part 6, may maintain
kindergarten classes at different schoolsites within the district for
different lengths of time during the begin delete schoolday. end delete begin insert schoolday, except
as provided in subdivision (c). end insert

begin insert

(c) Commencing with the 2017-2018 school year, each school
district shall implement a full-day kindergarten program.

end insert begin insert

(d) A school district that determines that it cannot comply with
requirement in subdivision (c) may, after deliberation and vote of
its governing board, postpone the requirement of subdivision (c).
The reasons for the postponement, if approved by the governing
board of the school district, shall be submitted to the department
within one month of the vote.

end insert begin insert

(e) For purposes of this section, “full-day kindergarten” means,
except as otherwise provided in this chapter, instruction provided
for a minimum of 230 minutes per schoolday, exclusive of noon
intermissions, but inclusive of recesses, in accordance with Section
46115.

end insert begin insert

(f) It is the intent of the Legislature that the governing board of
a school district develop the implementation plan for full-day
kindergarten pursuant to this section in consultation with affected
employee representatives and parents.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 46111 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

46111.  

(a) (1)  begin delete No end delete begin insert A end insert pupil in a kindergarten shall begin insert not end insert be kept
in school in any day more than four hours exclusive of begin delete recesses end delete
begin insert recesses, end insert except for pupils in Early Primary Programs, as set forth
in Chapter 8 (commencing with Section 8970) of Part 6.

(2) A pupil in a kindergarten in a school operating on a program
of multitrack year-round scheduling pursuant to subdivision (a)
of Section 37670 may be kept in school on any day for 265 minutes
of instruction, exclusive of recesses.

(b) This section begin delete shall end delete begin insert does end insert not apply to the Pasadena Unified
School District or counties of the third class as determined pursuant
to Section 28024 of the Government Code, as it read on January
1, 1977.

(c) This section begin delete shall end delete begin insert does end insert not apply to begin insert a pupil of end insert the San
Bernardino Unified School District begin delete with regard to any pupil of
that district end delete who is determined by the principal of the school in
which that pupil is enrolled, pursuant to testing, teacher
recommendation, or both, to be developmentally and academically
suited for begin delete the end delete begin insert a end insert longer instructional day.

begin insert

(d) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 46112 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

46112.  

begin insert (a) end insert begin insert   end insert The minimum schoolday in grades 1, 2, and 3 in
elementary schools, except in opportunity schools, classes, or
programs, is 230 minutes, except begin delete where end delete begin insert if end insert the governing board of
a school district has prescribed a shorter length for the schoolday
because of lack of school facilities begin delete which end delete begin insert that end insert requires double
sessions, in which case the minimum schoolday in begin delete such end delete begin insert those end insert
grades shall be 200 minutes.

begin insert

(b) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 46112 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 46112. end insert   

(a) The minimum schoolday in grades 1, 2, and 3 in
elementary schools, except in opportunity schools, classes, or
programs, is 230 minutes, except if the governing board of a school
district has prescribed a shorter length for the schoolday because
of lack of school facilities that requires double sessions, in which
case the minimum schoolday in those grades is 200 minutes.

(b) The minimum schoolday in kindergarten in elementary
schools is 230 minutes, except where the governing board of a
school district has voted to postpone that minimum schoolday
pursuant to subdivision (d) of Section 37202, in which case the
minimum schoolday in kindergarten shall be 180 minutes.

(c) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 46114 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

46114.  

(a) The minimum schoolday in begin insert a kindergarten
implementing the full-day kindergarten program required by
subdivisions (c) and (e) of Section 37202 and in end insert grades 1, 2, and
3 in elementary schools may be computed by determining the
number of minutes of attendance in any 10 consecutive schooldays
and dividing that number by 10. If the resulting quotient is 230 or
more, the pupils shall be deemed to have complied with Section
46112, even if the number of minutes attended in any one
schoolday is less than 230, but not less than 170.

(b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in
elementary schools may be computed by determining the number
of minutes of attendance in any 10 consecutive schooldays and
dividing that number by 10. If the resulting quotient is 240 or more,
the pupils shall be deemed to have complied with Section 46113,
even if the number of minutes attended in any one schoolday is
less than 240, but not less than 180.

(c) The minimum schoolday in kindergarten in elementary
schools begin insert that are not implementing the full-day kindergarten
program required by subdivision (c) of Section 37202 end insert may be
computed by determining the number of minutes of attendance in
any 10 consecutive schooldays and dividing that number by 10.
If the resulting quotient is 180 or more, pupils shall be deemed to
have complied with Section 46117, even if the number of minutes
attended in any one schoolday is less than 180, but not less than
60.

begin delete

No

end delete

begin insert (d) end insert begin insert   end insert begin insert A end insert computation authorized by this section shall begin insert not end insert result in
any increase in state apportionments.

begin insert

(e) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 46114 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 46114. end insert   

(a) The minimum schoolday in kindergarten and grades
1, 2, and 3 in elementary schools may be computed by determining
the number of minutes of attendance in any 10 consecutive
schooldays and dividing that number by 10. If the resulting quotient
is 230 or more, the pupils shall be deemed to have complied with
Section 46112, even if the number of minutes attended in any one
schoolday is less than 230, but not less than 170.

(b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in
elementary schools may be computed by determining the number
of minutes of attendance in any 10 consecutive schooldays and
dividing that number by 10. If the resulting quotient is 240 or more,
the pupils shall be deemed to have complied with Section 46113,
even if the number of minutes attended in any one schoolday is
less than 240, but not less than 180.

(c) The computation authorized by this section shall not result
in any increase in state apportionments.

(d) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 46117 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

46117.  

begin insert (a) end insert begin insert   end insert The minimum schoolday for begin delete pupils end delete begin insert a pupil end insert in
begin delete kindergartens end delete begin insert a kindergarten other than a kindergarten that end insert is
begin insert implementing the full-day kindergarten program required by
subdivision (c) of Section 37202 is end insert 180 minutes inclusive of
recesses, and begin delete no units end delete begin insert a unit end insert of average daily attendance shall begin insert not end insert
be credited for attendance in kindergarten classes if the minimum
schoolday of begin delete such end delete begin insert those end insert classes is less than 180 minutes.

begin insert

(b) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 46118 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

46118.  

begin insert (a) end insert begin insert   end insert A single-session kindergarten class shall meet all
of the following criteria:

begin delete

(a)

end delete

begin insert (1) end insert  The class is maintained for a minimum of 180 minutes per
begin delete schoolday. end delete begin insert schoolday, unless the kindergarten is implementing the
full-day kindergarten program required by subdivision (c) of
Section 37202. end insert

begin delete

(b)

end delete

begin insert (2) end insert  The kindergarten class teacher is assigned to only one session
of kindergarten daily as a principal teacher.

begin delete

(c)

end delete

begin insert (3) end insert  The kindergarten teacher is a full-time certificated employee.

begin delete

(d)

end delete

begin insert (4) end insert  The kindergarten teacher shall be available for assistance
or assignment in the instructional program of the primary grades
when not involved in the kindergarten program.

begin insert

(b) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 46119 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

46119.  

begin insert (a) end insert begin insert   end insert The governing board of a school district begin delete which end delete
begin insert that end insert has fewer than 40 pupils enrolled in kindergarten classes may
begin delete make application end delete begin insert apply end insert to the Superintendent begin delete of Public Instruction
requesting end delete begin insert for end insert approval to maintain two kindergarten classes of
150 minutes each inclusive of recesses on the same day begin delete which end delete begin insert that end insert
are taught by the same teacher. The average daily attendance for
begin delete such end delete begin insert those end insert classes shall be adjusted by a multiplication factor of
0.500.

begin insert

(b) This section shall become inoperative on July 1, 2017, and
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 51200 of the Education Code is amended
to read:

51200.  

Except as otherwise provided, the provisions contained
in this chapter are the requirements for courses of study in grades
1 to 12, inclusive.

end delete