BILL NUMBER: SB 837 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2014
AMENDED IN SENATE APRIL 22, 2014
AMENDED IN SENATE APRIL 2, 2014
INTRODUCED BY Senators Steinberg, Beall, Block, De León,
DeSaulnier, Hancock, Hill, Lara, Leno, Liu, and Wolk
(Coauthor: Assembly Member Bonta)
JANUARY 6, 2014
An act to amend Sections 14022.3, 46300, 48000, and 60200
of, and to add Article 1.5 (commencing with Section 48005) to
Chapter 1 of Part 27 of Division 4 of Title 2 of, the Education Code,
relating to transitional kindergarten. 8236, 14022.3,
41303, and 52060 of, and to add Article 22 (commencing with Section
8460) to Chapter 2 of Part 6 of Division 1 of Title 1 of, the
Education Code, relating to prekindergarten.
LEGISLATIVE COUNSEL'S DIGEST
SB 837, as amended, Steinberg. Schools: transitional
kindergarten. Prekindergarten.
(1) Existing law, the Child Care and Development Services Act,
requires, among other things, the Superintendent of Public
Instruction to administer all California state preschool programs and
provides that 3- and 4-year-old children are eligible for the
part-day California state preschool program if the family meets
specified criteria. Existing law requires each applicant or
contracting agency of a California state preschool program to give
first priority to 3- or 4-year-old neglected or abused children, as
provided, with 2nd priority required to go to eligible 4-year-old
children before enrolling eligible 3-year-old children.
This bill would instead give 2nd priority to 4-year-old children
who are not enrolled in the state-funded prekindergarten program
created by this bill. The bill would require 4-year-old children
enrolled in the state-funded prekindergarten program to be deemed
eligible for supplemental education and care services through the
California state preschool program if they meet certain eligibility
requirements, as provided.
This bill, commencing with the 2015-16 school year and
notwithstanding any other provision of the Child Care and Development
Services Act, would require each school district or charter school
that offers kindergarten to provide prekindergarten, as specified.
The bill would provide that a child who is eligible for free or
reduced-price meals and who will have his or her 4th birthday on or
before September 1 of the applicable school year is authorized to
attend prekindergarten. The bill would provide for a per child base
grant for prekindergarten for apportionment purposes, as specified.
The bill would require prekindergarten to be taught by
prekindergarten teachers and paraprofessionals who meet certain
requirements, and would require prekindergarten to include specified
preschool elements. The bill, on or before July 1, 2015, would
require each county superintendent of schools to conduct a review of
the level of access to kindergarten, prekindergarten, state
preschool, and federal Head Start provided to eligible children
within the county, as specified. By requiring school districts and
charter schools that offer kindergarten to offer prekindergarten, and
requiring county superintendents of schools to each conduct a
review, the bill would impose a state-mandated local program.
(2) Existing law, on or before July 1, 2014, requires the
governing board of each school district to adopt a local control and
accountability plan and requires the governing board of each school
district to update its local control and accountability plan before
July 1 of each year. Existing law requires a local control and
accountability plan to include, among other things, a description of
the annual goals to be achieved for each state priority, as
specified, for all pupils and certain subgroups of pupils. Existing
law requires a charter school petition to contain, among other
things, a reasonably comprehensive description of annual goals to be
achieved in each applicable state priority, as specified, for all
pupils and certain subgroups of pupils, and specific annual actions
to achieve those goals. Existing law requires a charter school to
annually update the goals and annual actions to achieve those goals,
as specified. Existing law includes as one of the state priorities
the extent to which pupils have access to, and are enrolled in, a
broad course of study that includes certain subject areas.
This bill would add as a state priority the extent to which
children have access to, and are enrolled in, quality preschool
opportunities in the year before kindergarten, either through the
prekindergarten program described above or other preschool programs.
By requiring the governing board of each school district to include
additional information in the local control and accountability plan,
and requiring each charter school to include additional information
in its annual goals, the bill would impose a state-mandated local
program.
(3) 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.
Existing law authorizes a school district or charter school to
maintain a transitional kindergarten program, and, as a condition of
receipt of apportionments for pupils in a transitional kindergarten
program, requires the school district or charter school to comply
with specified minimum age requirements for pupils participating in
the transitional kindergarten program. Existing law also specifies
that a transitional kindergarten program shall not be construed as a
new program or higher level of service.
This bill, the Kindergarten Readiness Act of 2014, would instead
require each school district or charter school that offers
kindergarten to offer transitional kindergarten, and would require a
child that meets specified minimum age requirements to be admitted to
transitional kindergarten. The bill would authorize the average
daily attendance of a school district and charter school to include
the average daily attendance of pupils enrolled in transitional
kindergarten and would require transitional kindergarten to receive a
per pupil base grant for apportionment purposes, as specified. The
bill would require transitional kindergarten to be taught by teachers
and paraprofessionals who meet certain requirements, and would
require transitional kindergarten to include specified elements that
promote integration and alignment with the early learning and child
care system and the elementary education system. The bill would
require a school district or charter school offering transitional
kindergarten to provide public notice of the availability of
transitional kindergarten and to administer transitional
kindergarten, as specified. The bill would authorize a school
district or charter school administering transitional kindergarten to
contract with a public local agency or private local provider, or
both, to participate in the delivery of transitional kindergarten.
The bill would require a private local provider participating in the
delivery of transitional kindergarten to be considered a public
school employer, as defined, for certain purposes. The bill would
require the State Board of Education to adopt basic instructional
materials for use in transitional kindergarten commencing with the
2015-16 school year, as specified. By requiring school districts and
charter schools that offer kindergarten to offer transitional
kindergarten, the bill would impose a state-mandated local program.
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 8236 of the
Education Code is amended to read:
8236. (a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 shall give first priority to three- or
four-year-old neglected or abused children who are recipients of
child protective services, or who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical, or
social service agency. If an agency is unable to enroll a child in
this first priority category, the agency shall refer the child's
parent or guardian to local resource and referral services so that
services for the child can be located.
(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority to
eligible four-year-old children who are not enrolled in a
state-funded prekindergarten program pursuant to Article 22
(commencing with Section 8460) before enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.
(3) Four-year-old children enrolled in a state-funded
prekindergarten program pursuant to Article 22 (commencing with
Section 8460) shall be deemed eligible for supplemental education and
care services through this article if they are also eligible for
free and reduced-price lunch, Cal-Fresh or Medi-Cal programs, or if
their family's adjusted monthly income is at or below 70 percent of
the state median income, adjusted for family size, and adjusted
annually.
(b) For California state preschool programs operating with funding
that was initially allocated in a prior fiscal year, at least
one-half of the children enrolled at a preschool site shall be
four-year-old children. Any exception to this requirement shall be
approved by the Superintendent. The Superintendent shall inform the
Department of Finance of any exceptions that have been granted and
the reasons for granting the exceptions.
(c) The following provisions apply to the award of new funding for
the expansion of the California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year:
(1)
(b) In an application for those
the award of new funding for the expansion
funds, of a California state preschool
program that is appropriated by the Legislature for that purpose in
any fiscal year, an agency shall furnish the Superintendent
with an estimate of the number of four-year-old and three-year-old
children that it plans to serve in the following fiscal year with
those expansion funds. The agency also shall furnish documentation
that indicates the basis of those estimates.
(2) In awarding contracts for expansion pursuant to this
subdivision, the Superintendent, after taking into account the
geographic criteria established pursuant to Section 8279.3, and the
headquarters preferences and eligibility criteria relating to fiscal
or programmatic noncompliance established pursuant to Section 8261,
shall give priority to applicant agencies that, in expending the
expansion funds, will be serving the highest percentage of
four-year-old children.
(d)
(c) This section does not preclude a local educational
agency from subcontracting with an appropriate public or private
agency to operate a California state preschool program and to apply
for funds made available for the purposes of this
section. If a school district chooses not to operate or subcontract
for a California state preschool program, the Superintendent shall
work with the county office of education and other eligible agencies
to explore possible opportunities in contracting or alternative
subcontracting to provide a California state preschool program.
(e)
(d) This section does not prevent eligible children who
are currently receiving services from continuing
to receive those services in future years pursuant to this chapter.
SEC. 2. Article 22 (commencing with Section 8460)
is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the
Education Code , to read:
Article 22. Prekindergarten
8460. The California Prekindergarten Program is hereby
established to do all of the following:
(a) Support all children in developing the skills needed to build
a strong foundation for success in school and life. These skills
shall be based on developmental domains outlined in the California
Preschool Learning Foundations developed by the department, and shall
include, but not be limited to, all of the following:
(1) Cognitive skills such as language, early literacy, and
numeracy.
(2) Social-emotional skills such as perseverance, self-control,
self-esteem, motivation, and conscientiousness.
(3) Physical skills such as gross and fine motor development, and
healthy eating habits.
(4) English language development for non-English speakers.
(b) Provide an environment that is appropriate for the age,
development, and linguistic abilities of the eligible children.
(c) Build on high-quality early learning and child care programs,
including federal Head Start programs, to sustain and support the
cognitive, social-emotional, and physical development that children
achieve while attending prekindergarten programs.
8461. (a) (1) Notwithstanding any other provision of this
chapter, and unless a school district or charter school proceeds
under paragraph (2), from the 2015-16 to the 2018-19 school year,
inclusive, a school district or charter school that offers
kindergarten shall provide prekindergarten to at least the same
number of children who satisfy the requirements of Section 8462 as
the number of pupils that were enrolled in transitional kindergarten
offered by the school district or charter school in the 2014-15
school year.
(2) From the 2015-16 to the 2018-19 school year, inclusive, a
school district or charter school that offers kindergarten may
provide prekindergarten to all children who satisfy the requirements
of Section 8462.
(b) Commencing with the 2019-20 school year, a school district or
charter school that offers kindergarten shall provide prekindergarten
to all children who satisfy the requirements of Section 8462.
8461.5. (a) On or before July 1, 2015, each county superintendent
of schools shall conduct a review of the level of access to
kindergarten, prekindergarten, state preschool, and federal Head
Start provided to eligible children within the county. The county
superintendent of schools shall post the results of the review on its
Internet Web site.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
8462. A child shall be eligible to attend prekindergarten if both
of the following are met:
(a) The child is eligible for free or reduced-price meals, as
described in subdivision (a) of Section 42238.01.
(b) The child is not eligible to enroll in a kindergarten school
and, commencing with the 2015-16 school year, will have his or her
fourth birthday on or before September 1 of the applicable school
year.
8463. (a) Federal funding for preschool programs, and state
funding annually appropriated in the Budget Act for the support of
state preschool programs other than the program required by this
article, shall be used to provide services for eligible three-,
four-, and five-year-old children, including, but not limited to,
augmenting prekindergarten to provide full-day, full-year learning
and child care services for participants.
(b) Prekindergarten funds shall supplement, and not supplant,
federal and state funding for existing child care and development
programs.
8464. Prekindergarten shall include both of the following
elements to promote integration and alignment with the early learning
and child care system and the elementary education system:
(a) Use of those California Preschool Learning Foundations
developed by the department that are determined based on research to
be age and developmentally appropriate.
(b) Use and implementation of curriculum frameworks, instructional
materials, and developmental assessment tools that are aligned with
the California Preschool Learning Foundations.
8465. (a) (1) All prekindergarten classes shall be taught by a
teacher who possesses a permit or credential issued by the Commission
on Teacher Credentialing, including, but not limited to, one of the
following:
(A) A multiple subject credential with an authorization to teach
prekindergarten to grade 12, inclusive, in a self-contained
classroom.
(B) An elementary credential.
(C) A single subject credential in home economics.
(2) A teacher qualifying under paragraph (1) shall have a
professional learning plan that provides for at least 24 units in
early childhood education, or child development, or a combination of
both, on or before July 1, 2021.
(b) On or before July 1, 2021, all prekindergarten classes shall
be taught by a teacher who holds a bachelor degree and has earned at
least 24 units in early childhood education, or child development, or
a combination of both, and a teaching credential.
(c) (1) On or before July 1, 2021, all prekindergarten
paraprofessionals shall have a teacher permit issued by the
Commission on Teacher Credentialing and at least 24 units in early
childhood education, or child development, or a combination of both.
(2) Paraprofessionals who were assigned to a transitional
kindergarten classroom before July 1, 2015, shall be deemed to have
met the requirements of paragraph (1).
(d) All prekindergarten paraprofessionals shall be considered
classified employees, except for child development personnel who are
part of a certificated bargaining unit on July 1, 2014.
(e) (1) Commencing with the 2015-16 school year, for purposes of
compensation, including salary and benefits, prekindergarten teachers
and paraprofessionals shall be considered full-time employees.
(2) The provisions of paragraph (1) shall not apply to a
collectively bargained agreement entered into on or before June 30,
2014.
(3) Notwithstanding paragraph (1), if authorized by a collectively
bargained agreement, a school district or charter school may use
part-time prekindergarten teachers and part-time prekindergarten
paraprofessionals.
(f) (1) Prekindergarten classes of 20 or fewer children shall be
staffed, at minimum, by one prekindergarten teacher and one
prekindergarten paraprofessional.
(2) Prekindergarten classes of 21 or more children shall be
staffed, at minimum, by one prekindergarten teacher and two
prekindergarten paraprofessionals.
(3) Commencing with the 2019-20 school year, prekindergarten
classes shall not exceed 24 children.
8466. On or before July 1, 2015, the Commission on Teacher
Credentialing, in collaboration with the Superintendent, the
California Community Colleges, the California State University,
private postsecondary educational institutions, and the University of
California, if it chooses to participate, shall establish a
workforce development plan for prekindergarten teachers and
paraprofessionals, and the administrators who supervise them, that
recommends the steps necessary to provide adequate opportunities and
resources for existing and prospective early childhood educators to
obtain the necessary qualifications on or before July 1, 2021.
8467. (a) Prekindergarten offered by a school district or charter
school shall be eligible for school facilities funding.
(b) Funds made available to public schools for joint use
facilities may be used for prekindergarten.
(c) When implementing prekindergarten pursuant to this article, a
school district, to the greatest extent practicable, shall prioritize
establishing prekindergarten classrooms at schoolsites that enroll
pupils eligible for free and reduced-price meals, as described in
subdivision (a) of Section 42238.01, in proportions higher than the
districtwide average enrollment of pupils eligible for free and
reduced-price meals before establishing prekindergarten classrooms at
schoolsites that enroll those pupils in proportions lower than the
districtwide average enrollment of those pupils.
(d) It is the intent of the Legislature that any future statewide
public education facilities bond act placed before the voters include
bonds to provide aid to school districts and charter schools to
construct and modernize facilities for prekindergarten.
8468. A school district or charter school offering
prekindergarten shall receive a per child base grant per unit of
average daily attendance, as computed pursuant to Section 46300,
equal to the annual per pupil base grant provided for in subparagraph
(A) of paragraph (1) of subdivision (d) of Section 42238.02, as
adjusted pursuant to paragraph (2) of subdivision (d) of Section
42238.02, plus an additional adjustment of 10.4 percent, a
supplemental grant add-on, as computed pursuant to subdivision (e) of
Section 42238.02, and a concentration grant add-on, as computed
pursuant to subdivision (f) of Section 42238.02.
SEC. 3. Section 14022.3 of the
Education Code is amended to read:
14022.3. (a) For purposes of calculating "increases in enrollment"
pursuant to paragraph (2) or (3) of subdivision (b) of Section 8 of
Article XVI of the California Constitution, the term "enrollment" for
school districts, community college districts, and state agencies
providing direct elementary and secondary level instructional
services means the sum of the following:
(1) Second principal apportionment regular average daily
attendance for prekindergarten, kindergarten ,
and grades 1 to 12, inclusive, as defined in subdivision (b) of
Section 42238.5, and as adjusted for any average daily attendance
audit findings.
(2) Annual average daily attendance for county offices of
education, as calculated pursuant to subdivision (c) of Section
41601, and as adjusted for any average daily attendance audit
findings.
(b) Any determination or computation of enrollment for purposes of
this section shall be based upon actual data from prior years. For
the next succeeding year, any determination or computation of
enrollment for purposes of this section shall be the estimated
enrollment, adjusted as actual data become available.
SEC. 4. Section 41303 of the Education
Code is amended to read:
41303. The Superintendent shall report to the Controller, on or
before the 20th day of October of each year, the total average daily
attendance during the preceding fiscal year credited to all
prekindergarten, kindergarten, including average daily
attendance for transitional kindergarten, elementary, high school,
and adult schools in the state and to county school tuition funds.
SEC. 5. Section 52060 of the Education
Code is amended to read:
52060. (a) On or before July 1, 2014, the governing board of each
school district shall adopt a local control and accountability plan
using a template adopted by the state board.
(b) A local control and accountability plan adopted by a
the governing board of a school district shall
be effective for a period of three years, and shall be updated on or
before July 1 of each year.
(c) A local control and accountability plan adopted by a
the governing board of a school district shall
include, for the school district and each school within the school
district, both of the following:
(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be a
numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.
(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.
(d) All of the following are state priorities:
(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and fully
credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair as specified in subdivision (d) of Section 17002.
(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs and
services will enable English learners to access the common core
academic content standards adopted pursuant to Section 60605.8 and
the English language development standards adopted pursuant to
Section 60811.3 60811.3, as that section read
on June 30, 2013, for purposes of gaining academic content
knowledge and English language proficiency.
(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the school
district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.
(4) Pupil achievement, as measured by all of the following, as
applicable:
(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.
(B) The Academic Performance Index, as described in Section 52052.
(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career
technical education sequences or programs of study that align with
state board-approved career technical educational standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section 52372.5,
or paragraph (2) of subdivision (e) of Section 54692.
(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of English
proficiency, as certified by the state board.
(E) The English learner reclassification rate.
(F) The percentage of pupils who have passed an advanced placement
examination with a score of 3 three or
higher.
(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program, as
described in Chapter 6 (commencing with Section 99300) of Part 65 of
Division 14 of Title 3, or any subsequent assessment of college
preparedness.
(5) Pupil engagement, as measured by all of the following, as
applicable:
(A) School attendance rates.
(B) Chronic absenteeism rates.
(C) Middle school dropout rates, as described in paragraph (3) of
subdivision (a) of Section 52052.1.
(D) High school dropout rates.
(E) High school graduation rates.
(6) School climate, as measured by all of the following, as
applicable:
(A) Pupil suspension rates.
(B) Pupil expulsion rates.
(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.
(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable, including the programs and services
developed and provided to unduplicated pupils and individuals with
exceptional needs, and the program and services that are provided to
benefit these pupils as a result of the funding received pursuant to
Section 42238.02, as implemented by Section 42238.03.
(8) The extent to which children have access to, and are enrolled
in, quality preschool opportunities in the year before kindergarten,
either through a prekindergarten program established pursuant to
Article 22 (commencing with Section 8460) of Chapter 2 of Part 6 of
Division 1 of Title 1 or other preschool programs.
(8)
(9) Pupil outcomes, if available, in the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive, of
Section 51220, as applicable.
(e) For purposes of the descriptions required by subdivision (c),
a the governing board of a school
district may consider qualitative information, including, but not
limited to, findings that result from school quality reviews
conducted pursuant to subparagraph (J) of paragraph (4) of
subdivision (a) of Section 52052 or any other reviews.
(f) To the extent practicable, data reported in a local control
and accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.
(g) A The governing board of a
school district shall consult with teachers, principals,
administrators, other school personnel, local bargaining units of the
school district, parents, and pupils in developing a local control
and accountability plan.
(h) A school district may identify local priorities, goals in
regard to the local priorities, and the method for measuring the
school district's progress toward achieving those goals.
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. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, Aprill 22, 2014. (JR11)