Amended in Assembly May 23, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 22, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1719


Introduced by Assembly Members Weber and Buchanan

(Coauthor: Assembly Member Bonilla)

February 13, 2014


An act tobegin delete 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,end deletebegin insert add and repeal Section 46116 ofend insert the Education Code, relating to kindergarten.

LEGISLATIVE COUNSEL’S DIGEST

AB 1719, as amended, Weber. Full-day kindergarten.

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

begin delete

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 district to postpone implementation of a full-day kindergarten due to a lack of facilities if its governing board approves the postponement and would require the school district to notify the State Department of Education of the postponement within one month of the vote. The bill would provide that a minimum schoolday for full-day kindergarten is the same number of minutes per schoolday that is offered to pupils in first grade. 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 delete
begin delete

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

end delete
begin delete

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 delete
begin delete

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 delete
begin insert

This bill would require the Superintendent of Public Instruction to provide the Legislature no later than March 1, 2015, with a feasibility study and implementation plan for providing a full-day kindergarten program in all public schools, as specified.

end insert

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 46116 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert46116.end insert  

(a) No later than March 1, 2015, the Superintendent
4shall provide the Legislature with a feasibility study and
5implementation plan for providing a full-day kindergarten program
6in all public schools. The feasibility study and implementation
7plan shall include recommendations for statutory changes and
8budgetary requirements to ensure a seamless transition to
9providing a full-day kindergarten program in all public schools.
10The Superintendent, at a minimum, shall consider all of the
11following:

12(1) The instructional, social, emotional, and developmental
13needs of children.

14(2) Teacher and other school staffing issues.

15(3) Classroom capacity issues.

16(b) The Superintendent may convene a task force to advise the
17Superintendent on feasibility and implementation issues for the
18purposes of preparing the report required pursuant to subdivision
P3    1(a). The task force shall include representatives of school district
2superintendents, principals, kindergarten teachers, related pupil
3support services personnel, and parents.

4(c) The report required pursuant to this section shall be
5submitted in compliance with Section 9795 of the Government
6Code.

7(d) This section shall become inoperative on March 1, 2015,
8and, as of January 1, 2016, is repealed, unless a later enacted
9statute, that becomes operative on or before January 1, 2016,
10deletes or extends the dates on which it becomes inoperative and
11is repealed.

end insert
begin delete
12

SECTION 1.  

The Legislature finds and declares all of the
13following:

14(a) All California public school kindergarten pupils deserve the
15opportunity to maximize their growth, development, and success
16at this critical time in their developmental process.

17(b) Full-day kindergarten provides this opportunity through a
18longer instructional day that has proven to be successful where it
19has been implemented. School districts can obtain an example of
20an extended kindergarten curriculum to help them more easily
21transition to the program. One example curriculum that was
22designed for a full-day kindergarten program is available through
23the Los Angeles Unified School District, which has already
24 implemented a full-day program.

25(c) Full-day kindergarten should provide time to meet the
26developmentally based instructional needs of the whole child. It
27should encompass all curricular areas, including visual and
28performing arts and physical education, as outlined in the state
29adopted curriculum frameworks.

30(d) In addition, full-day kindergarten must be a priority for
31school districts and reserving or obtaining space for the full-day
32kindergarten program must take precedence over all nonclass
33requirements.

34(e) However, some school districts may face difficulties in
35transitioning to a full-day kindergarten program and these school
36districts must be provided with the necessary time to achieve
37readiness.

38

SEC. 2.  

Section 8973 of the Education Code is amended to
39read:

P4    1

8973.  

(a) Notwithstanding any other law, the kindergarten
2schoolday in an early primary program conducted pursuant to
3Section 8972 may exceed four hours, exclusive of recesses,
4provided that both of the following conditions are met:

5(1) The governing board of a school district declares that the
6extended-day kindergarten program does not exceed the length of
7the primary schoolday.

8(2) The extended-day kindergarten program takes into account
9ample opportunity for both active and quiet activities within an
10integrated, experiential, and developmentally appropriate
11educational program.

12(b) This section shall become inoperative on July 1, 2017, and
13as of January 1, 2018, is repealed, unless a later enacted statute
14that becomes operative on or before January 1, 2018, deletes or
15extends the dates on which it becomes inoperative and is repealed.

16

SEC. 3.  

Section 37202 of the Education Code is amended to
17read:

18

37202.  

(a) Except if a school has been closed by order of a
19city or a county board of health, or of the State Board of Health,
20on account of contagious disease, or if the school has been closed
21 on account of fire, flood, or other public disaster, the governing
22board of a school district shall maintain all of the elementary day
23schools established by it for an equal length of time during the
24school year and all of the day high schools established by it for an
25equal length of time during the school year.

26(b) Notwithstanding subdivision (a), a school district that is
27implementing an early primary program, pursuant to Chapter 8
28(commencing with Section 8970) of Part 6 of Division 1 of Title
291, may maintain kindergarten classes at different schoolsites within
30the school district for different lengths of time during the
31schoolday, except as provided in subdivision (c).

32(c) Commencing with the 2017-18 school year, each school
33district shall implement a full-day kindergarten program.

34(d) A school district that determines that it cannot comply with
35the requirement in subdivision (c) due to a lack of facilities may,
36after deliberation and vote of its governing board, postpone the
37requirement of subdivision (c). If the postponement is approved
38by the governing board of the school district, the school district
39shall notify the department of the postponement within one month
40of the vote.

P5    1(e) For purposes of this section, “full-day kindergarten” means,
2except as otherwise provided in this chapter, instruction provided
3for the same number of minutes per schoolday that is offered to
4pupils in first grade, exclusive of noon intermissions, but inclusive
5of recesses, in accordance with Section 46115.

6(f) It is the intent of the Legislature that the governing board of
7a school district develop the implementation plan for full-day
8 kindergarten pursuant to this section in consultation with affected
9employee representatives and parents.

10

SEC. 4.  

Section 46111 of the Education Code is amended to
11read:

12

46111.  

(a) (1) A pupil in a kindergarten shall not be kept in
13school in any day more than four hours exclusive of recesses,
14except for pupils in Early Primary Programs, as set forth in Chapter
158 (commencing with Section 8970) of Part 6 of Division 1 of Title
161.

17(2) A pupil in a kindergarten in a school operating on a program
18of multitrack year-round scheduling pursuant to subdivision (a)
19of Section 37670 may be kept in school on any day for 265 minutes
20of instruction, exclusive of recesses.

21(b) This section does not apply to the Pasadena Unified School
22District or counties of the third class as determined pursuant to
23Section 28024 of the Government Code, as it read on January 1,
241977.

25(c) This section does not apply to a pupil of the San Bernardino
26Unified School District who is determined by the principal of the
27school in which that pupil is enrolled, pursuant to testing, teacher
28recommendation, or both, to be developmentally and academically
29suited for a longer instructional day.

30(d) This section shall become inoperative on July 1, 2017, and
31as of January 1, 2018, is repealed, unless a later enacted statute
32that becomes operative on or before January 1, 2018, deletes or
33extends the dates on which it becomes inoperative and is repealed.

34

SEC. 5.  

Section 46112 of the Education Code is amended to
35read:

36

46112.  

(a) The minimum schoolday in grades 1, 2, and 3 in
37elementary schools, except in opportunity schools, classes, or
38programs, is 230 minutes, except if the governing board of a school
39district has prescribed a shorter length for the schoolday because
P6    1of a lack of school facilities that requires double sessions, in which
2case the minimum schoolday in those grades shall be 200 minutes.

3(b) This section shall become inoperative on July 1, 2017, and
4as of January 1, 2018, is repealed, unless a later enacted statute
5that becomes operative on or before January 1, 2018, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7

SEC. 6.  

Section 46112 is added to the Education Code, to read:

8

46112.  

(a) The minimum schoolday in grades 1, 2, and 3 in
9elementary schools, except in opportunity schools, classes, or
10programs, is 230 minutes, except if the governing board of a school
11district has prescribed a shorter length for the schoolday because
12of a lack of school facilities that requires double sessions, in which
13case the minimum schoolday in those grades is 200 minutes.

14(b) The minimum schoolday in kindergarten in elementary
15schools is the same number of minutes per schoolday that is offered
16to pupils in first grade, except where the governing board of a
17school district has voted to postpone that minimum schoolday
18pursuant to subdivision (d) of Section 37202, in which case the
19minimum schoolday in kindergarten shall be 180 minutes.

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

21

SEC. 7.  

Section 46114 of the Education Code is amended to
22read:

23

46114.  

(a) The minimum schoolday in a kindergarten
24implementing the full-day kindergarten program required by
25subdivisions (c) and (e) of Section 37202 and in grades 1, 2, and
263 in elementary schools may be computed by determining the
27number of minutes of attendance in any 10 consecutive schooldays
28and dividing that number by 10. If the resulting quotient is 230 or
29more, the pupils shall be deemed to have complied with Section
3046112, even if the number of minutes attended in any one
31schoolday is less than 230, but not less than 170.

32(b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in
33elementary schools may be computed by determining the number
34of minutes of attendance in any 10 consecutive schooldays and
35dividing that number by 10. If the resulting quotient is 240 or more,
36the pupils shall be deemed to have complied with Section 46113,
37even if the number of minutes attended in any one schoolday is
38less than 240, but not less than 180.

39(c) The minimum schoolday in kindergarten in elementary
40schools that are not implementing the full-day kindergarten
P7    1program required by subdivision (c) of Section 37202 may be
2computed by determining the number of minutes of attendance in
3any 10 consecutive schooldays and dividing that number by 10.
4If the resulting quotient is 180 or more, pupils shall be deemed to
5have complied with Section 46117, even if the number of minutes
6attended in any one schoolday is less than 180, but not less than
760.

8(d) A computation authorized by this section shall not result in
9any increase in state apportionments.

10(e) This section shall become inoperative on July 1, 2017, and
11as of January 1, 2018, is repealed, unless a later enacted statute
12that becomes operative on or before January 1, 2018, deletes or
13extends the dates on which it becomes inoperative and is repealed.

14

SEC. 8.  

Section 46114 is added to the Education Code, to read:

15

46114.  

(a) The minimum schoolday in kindergarten and grades
161, 2, and 3 in elementary schools may be computed by determining
17the number of minutes of attendance in any 10 consecutive
18schooldays and dividing that number by 10. If the resulting quotient
19is 230 or more, the pupils shall be deemed to have complied with
20Section 46112, even if the number of minutes attended in any one
21schoolday is less than 230, but not less than 170.

22(b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in
23elementary schools may be computed by determining the number
24of minutes of attendance in any 10 consecutive schooldays and
25dividing that number by 10. If the resulting quotient is 240 or more,
26the pupils shall be deemed to have complied with Section 46113,
27even if the number of minutes attended in any one schoolday is
28less than 240, but not less than 180.

29(c) The computation authorized by this section shall not result
30in any increase in state apportionments.

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

32

SEC. 9.  

Section 46117 of the Education Code is amended to
33read:

34

46117.  

(a) The minimum schoolday for a pupil in a
35kindergarten other than a kindergarten that is implementing the
36full-day kindergarten program required by subdivision (c) of
37Section 37202 is 180 minutes inclusive of recesses, and a unit of
38average daily attendance shall not be credited for attendance in
39kindergarten classes if the minimum schoolday of those classes is
40less than 180 minutes.

P8    1(b) This section shall become inoperative on July 1, 2017, and
2as of January 1, 2018, is repealed, unless a later enacted statute
3that becomes operative on or before January 1, 2018, deletes or
4extends the dates on which it becomes inoperative and is repealed.

5

SEC. 10.  

Section 46118 of the Education Code is amended to
6read:

7

46118.  

(a) A single-session kindergarten class shall meet all
8of the following criteria:

9(1) The class is maintained for a minimum of 180 minutes per
10schoolday, unless the kindergarten is implementing the full-day
11kindergarten program required by subdivision (c) of Section 37202.

12(2) The kindergarten class teacher is assigned to only one session
13of kindergarten daily as a principal teacher.

14(3) The kindergarten teacher is a full-time certificated employee.

15(4) The kindergarten teacher shall be available for assistance
16or assignment in the instructional program of the primary grades
17when not involved in the kindergarten program.

18(b) This section shall become inoperative on July 1, 2017, and
19as of January 1, 2018, is repealed, unless a later enacted statute
20that becomes operative on or before January 1, 2018, deletes or
21extends the dates on which it becomes inoperative and is repealed.

22

SEC. 11.  

Section 46119 of the Education Code is amended to
23read:

24

46119.  

(a) The governing board of a school district that has
25fewer than 40 pupils enrolled in kindergarten classes may apply
26to the Superintendent for approval to maintain two kindergarten
27classes of 150 minutes each inclusive of recesses on the same day
28that are taught by the same teacher. The average daily attendance
29for those classes shall be adjusted by a multiplication factor of
300.500.

31(b) This section shall become inoperative on July 1, 2017, and
32as of January 1, 2018, is repealed, unless a later enacted statute
33that becomes operative on or before January 1, 2018, deletes or
34extends the dates on which it becomes inoperative and is repealed.

35

SEC. 12.  

If the Commission on State Mandates determines
36that this act contains costs mandated by the state, reimbursement
37to local agencies and school districts for those costs shall be made
38pursuant to Part 7 (commencing with Section 17500) of Division
394 of Title 2 of the Government Code.

end delete


O

    95