BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: SB 837 AUTHOR: Steinberg AMENDED: April 2, 2014 FISCAL COMM: Yes HEARING DATE: April 9, 2014 URGENCY: No CONSULTANT:Lynn Lorber SUBJECT : Transitional kindergarten. SUMMARY This bill expands eligibility for transitional kindergarten to all four-year olds, phased in over a four year period beginning in the 2015-16 school year. BACKGROUND Transitional Kindergarten Current law: 1) Establishes compulsory education, requiring children to attend school from age 6-18. (Education Code § 48200) 2) Requires a child to be admitted to kindergarten if the child will have his or her fifth birthday on or before one of 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. d) September 1 of the 2014-15 school year and each year thereafter. (EC § 48000) 3) Defines "transitional kindergarten" as the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. (EC § 48000(d)) SB 837 Page 2 4) Requires schools, as a condition of receiving apportionments for transitional kindergarten, to: a) Admit to transitional kindergarten in the 2012-13 school year a child who will have his or her fifth birthday between November 2 and December 2. b) Admit to transitional kindergarten in the 2013-14 school year a child who will have his or her fifth birthday between October 2 and December 2. c) Admit to transitional kindergarten in the 2014-15 school year, and each year thereafter, a child who will have his or her fifth birthday between September 2 and December 2. State Preschool Current law: 1) Establishes the California State Preschool Program for purposes of providing part-day and full-day developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year old children in educational development, health services, social services, nutritional services, parent education and participation, evaluation, and staff development. (EC § 8235) 2) Provides that three- and four-year old children are eligible for State Preschool if the family meets one of the following: a) Current CalWORKs recipient. b) Income eligible. c) Children are recipients of protective services (abused, neglected or exploited or at risk of being abused, neglected or exploited). (EC § 8235) 3) Provides that three- and four-year olds are eligible for wraparound child care services to supplement part-day SB 837 Page 3 State Preschool if the family is eligible for State Preschool and the parents need care for at least one of the following reasons: a) The child is a recipient of protective services, or at risk. b) The parents are engaged in vocational training, as specified, employed or seeking employment, seeking permanent housing, or are incapacitated. (EC § 8239) Other state-funded programs for four-year olds -------------------------------------------------------------------------------------------------------- | |License-Exempt |Title 22 |Title 22 |Title 5 | | |Providers |FCCHs |Centers |Centersb | |--------------------+--------------------+--------------------+--------------------+--------------------| |Staff |None. |15 hours of health |Child Development |Child Development | |Qualifications | |and safety |Associate |Teacher Permit (24 | | | |training. |Credential or 12 |units of ECE/CD | | | | |units in ECE/CD.c |plus 16 general | | | | | |education units).d | |--------------------+--------------------+--------------------+--------------------+--------------------| |Staffing Ratios |None. |1:6 adult-child |1:12 teacher-child |1:24 teacher-child | | | |ratio. |ratio or 1 teacher |and 1:8 adult-child | | | | |and 1 aide per 15 |ratio. | | | | |children. | | |--------------------+--------------------+--------------------+--------------------+--------------------| |Health and Safety |Criminal background |Staff and |Same as Title 22 |Same as Title 22 | |Standards |check. |volunteers are |FCCHs. |FCCHs. | | |Self-certification |finger printed. | | | | |of certain health |Subject to health | | | | |and safety |and safety | | | | |standards. |standards. | | | |--------------------+--------------------+--------------------+--------------------+--------------------| |Content Standards |None. |None. |None. |Requires | | | | | |developmentally | | | | | |appropriate | | | | | |activities. | |--------------------+--------------------+--------------------+--------------------+--------------------| |Monitoring |None. |Unannounced visits |Same as Title 22 |Same as Title 22 | | | |by CCL every five |FCCHs. |FCCHs, but also | | | |years or more | |onsite reviews by | | | |frequently under | |CDE every three | | | |special | |years (or as | | | |circumstances. | |resources allow) | SB 837 Page 4 | | | | |and annual outcome | | | | | |reports. | |--------------------+--------------------+--------------------+--------------------+--------------------| |Applicable Programs |CalWORKs, AP |CalWORKs, AP |CalWORKs, AP |General Child Care, | | |Program |Program |Program |Migrant Child Care, | | | | | |State Preschool | -------------------------------------------------------------------------------------------------------- --------------------------------------------------------------- |a Standards for children of other ages similar to those | |displayed here. | | | | | |b Same standards apply to Title 5 family child care network | |homes. | | | | | |c The Child Development Associate Credential is issued by the | |National Credentialing Program of the Council for Professional | |Recognition. | | | | | |d The Child Development Teacher Permit is issued by | |California's Commission on Teacher Credentialing. | | | | | |FCCHs = family child care homes; ECE/CD = Early Childhood | |Education/Child Development; CCL = Community Care Licensing; | |CDE = California Department of Education; and AP = Alternative | |Payment. | --------------------------------------------------------------- ANALYSIS This bill expands eligibility for transitional kindergarten to all four-year olds, phased in over a four year period beginning in the 2015-16 school year. Specifically, this bill: 1) Requires a school district or charter school that offers kindergarten to make transitional kindergarten available to all eligible children and allow, to the greatest extent possible, a parent of an eligible child to choose the transitional kindergarten that the child attends. Age 2) Expands eligibility for transitional kindergarten to SB 837 Page 5 include children who have their fifth birthday after the existing September 1 cutoff: a) September 2, 2015, to February 1, 2016, for the 2015-16 school year. b) September 2, 2016, to April 1, 2017, for the 2016-17 school year. c) September 2, 2017, to June 1, 2018, for the 2017-18 school year. d) September 2, 2018, to August 2, 2019, for the 2018-19 school year. 3) Requires a child to be admitted to a transitional kindergarten class if the child willhave his or her fourth birthday on or before September 1 of the 2019-20 school year and each school year thereafter. Curriculum 4) This bill requires the Superintendent of Public Instruction to develop, and the State Board of Education (SBE) to adopt, by January 30, 2016, transitional kindergarten standards that include but are not limited to the nine developmental domains that are included in the California Preschool Learning Foundations. 5) Requires the SBE, after adopting the transitional kindergarten standards, to review the curriculum frameworks in English language arts (including English language development), mathematics, science, and history-social science for conformity with the transitional kindergarten standards. This bill requires the SBE, by January 30, 2017, to modify the frameworks, if appropriate, to align them with the transitional kindergarten standards and ensure that those standards are incorporated into the frameworks. 6) Authorizes the SBE to adopt instructional materials aligned with the transitional kindergarten standards in English language arts (including English language development), mathematics, science, and history-social science by September 30, 2017. 7)Requires the SBE, during the next revision of frameworks for SB 837 Page 6 subject areas not included in #5 above, to modify those frameworks, if appropriate, to align them with the transitional kindergarten standards and ensure that those standards are incorporated into the frameworks. Program components 8) Requires transitional kindergarten to include all of the following elements to promote integration and alignment with the early learning and child care system and the elementary education system: a) Until statewide transitional kindergarten standards are adopted, use of the California Preschool Learning Foundations adopted by the California Department of Education. b) Use and implementation of curriculum frameworks, instructional materials and developmental assessment tools that are aligned with the California Preschool Learning Foundations. c) Inclusion in the single school plan for pupil achievement and the local control and accountability plan. d) Participation in the California Longitudinal Pupil Achievement Data System and the California School Information Services. e) Coordination with other providers of services to young children, including but not limited to, providers of health insurance, health services including mental and behavioral health, developmental screening and assessment, parent literacy and education, and social services, especially through systems of care provided by First 5 California programs, preschool, and school health services and clinics. f) Coordination of services with full-day, full-year early learning and child care SB 837 Page 7 programs. Charter schools 9) This bill adds charter schools to the current requirement that school districts offer transitional kindergarten. Contracting 10) Authorizes a school district or charter school to contract with a public local agency including but not limited to a county office of education, or a private local provider, or both, to provide transitional kindergarten, if both of the following are satisfied: a) The school district or charter school is responsible for oversight and administration of transitional kindergarten in the same manner as if transitional kindergarten were located on a schoolsite. This bill requires the school district or charter school to have mechanisms and controls in place that ensure transitional kindergarten adheres to all applicable requirements. b) Transitional kindergarten provided by a public agency or private provider must be under the exclusive management and control of the governing board of the school district or governing body of the charter school that administers the contract. 11) For purposes of transitional kindergarten operated by a private provider, defines "immediate supervision" as being under the immediate supervision of an employee of the private local provider who satisfies the educational requirements for transitional kindergarten teachers or paraprofessional. 12) Defines "private local provider" as a licensed child care provider, business, city, county or city and county that satisfies all applicable requirements. Teacher qualifications 13) Requires, by July 1, 2015, all transitional kindergarten classes to be taught by a teacher who possesses one of the following permits or credentials issued by the SB 837 Page 8 Commission on Teacher Credentialing: a) A teacher permit, or higher, authorizing service in the care, development, and instruction in child care development programs. This bill requires teachers with this permit to have a professional learning plan to obtain a baccalaureate degree with at least 24 units in early childhood education or child development, or a combination of both, and a multiple subject teaching credential by July 1, 2019. b) A multiple subject credential with an authorization to teach prekindergarten to grade 12. c) An elementary (multiple subject) credential. d) A single subject credential in home economics. 14) Requires, by July 1, 2019, all transitional kindergarten classes to be taught by a teacher who holds a baccalaureate degree with at least 24 units in early childhood education or child development, or a combination of both, and a teaching credential. Paraprofessional qualifications 15) Requires, by July 1, 2015, all transitional kindergarten to include a paraprofessional who possess an assistant permit, or higher, issued by the Commission on Teacher Credentialing (CTC), authorizing service in the care, development, and instruction in child care and development programs. This bill requires paraprofessionals with this permit to have a professional learning plan to obtain a teacher permit issued by the CTC by July 1, 2019. 16) Requires, by July 1, 2019, all transitional kindergarten paraprofessionals to have a teacher permit with at least 24 units in early childhood education or child development, or a combination of both. Collective bargaining SB 837 Page 9 17) Authorizes employees of a private provider have the ability to establish collective bargaining rights. 18) Requires all transitional kindergarten paraprofessionals to be considered classified employees, except for child development personnel who are part of a certificated bargaining unit on January 1, 2015. Class size and staffing 19) Beginning with the 2015-16 school year, requires transitional kindergarten to be taught by at least one teacher and one paraprofessional. 20) Caps class sizes at 20 children (with two adults, as described above). 21) Requires, beginning with the 2015-16 school year, transitional kindergarten teachers and paraprofessionals to be considered full-time employees (for purposes of compensation, including salary and benefits). This bill excludes a collectively bargained agreement entered into by December 30, 2014, from this requirement. This bill authorizes a school district or charter school to use part-time transitional kindergarten teachers and paraprofessionals if authorized by a collectively bargained agreement. Facilities 22) Provides that transitional kindergarten programs operated by a school district or a charter school are eligible for school facilities funding, authorizes schools to use joint use funds for transitional kindergarten. 23) Encourages public agencies and private providers to seek shared use agreements with a broad array of public and private entities. This bill states legislative intent that any future statewide public education facilities bond include aid for the construction and modernization of school-based facilities for transitional kindergarten. 24) Defines "public facility" and "private facility" as a public or private facility that either has a child care license for age-eligible children or is exempt from licensure. SB 837 Page 10 Professional learning 25) States legislative intent that school districts and charter schools offering transitional kindergarten provide high-quality professional learning to the staff of the school district, charter school, public local agency or private provider, that is aligned to transitional kindergarten standards adopted by the State Board of Education and designed to improve child learning and development. This bill further states intent that professional learning for transitional kindergarten teachers and paraprofessionals supports both of the following: a) Teacher-child interactions that promote child engagement and learning. b) The use of child-level and class-level data to inform instructional strategies. 26) Requires professional learning for transitional kindergarten teachers and paraprofessionals to be aligned with the professional learning provided to teachers and administrative staff in K-3, and provided to preschool teachers and staff that may include the California Early Childhood Education competencies developed by the California Department of Education. Funding 27) Requires, beginning with the 2015-16 school year, transitional kindergarten programs to receive 2/3 of the per student base grant per unit of average daily attendance, as adjusted for inflation, plus an additional adjustment of 10.4%, and a supplemental grant add-on. 28) Requires federal funding for preschool and state funding annually appropriated for state preschool programs to be used to provide services for eligible three-, four-, and five-year old children, including augmenting transitional kindergarten to provide full-day, full-year learning and child care services for participants. This bill requires transitional kindergarten funds to supplement, and not supplant, federal and state funding for existing child care and development programs. SB 837 Page 11 Review current access to high-quality programs 29) Requires, by July 1, 2015, each county superintendent of schools to conduct a review of the level of access to transitional kindergarten, state preschool, and Head Start provided to eligible children within the county. This bill requires the review to include but not be limited to a description of the plans of the school districts and charter schools to make transitional kindergarten available to all eligible children by the 2019-20 school year. This bill requires the county superintendent to post the results of the review on the county office of education's website. Workforce development plan 30) Requires, by 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) to establish a workforce development plan for transitional kindergarten teachers and paraprofessionals, and the administrators who supervise them, that recommends the steps necessary to provide adequate opportunities for existing early childhood educators to obtain the necessary qualifications by July 1, 2019. Miscellaneous 31) Requires the Superintendent of Public Instruction to develop, by July 31, 2016, regulations necessary to implement transitional kindergarten, and incorporate existing regulations and guidelines as appropriate. This bill authorizes the State Board of Education (SBE) to adopt emergency regulations. 32) Requires the SBE to revise, by January 31, 2017, the local control and accountability plan template to include any changes necessary to reflect the provision of transitional kindergarten. 33) Establishes transitional kindergarten to do all of the following: SB 837 Page 12 a) Support all children in developing the skills needed to build a strong foundation for success in school and life. This bill requires these skills to be based on developmental domains outlined in the California Preschool Learning Foundations, and include but not be limited to, all of the following: i) Cognitive skills such as language, early literacy, and numeracy. ii) Social-emotional skills such as perseverance, self-control, self-esteem, motivation and conscientiousness. iii) Physical skills such as gross and fine motor development, and healthy eating habits. b) Be age and developmentally appropriate. 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 attending those programs. 34) Requires a school district or charter school offering transitional kindergarten to provide public notice of the availability of transitional kindergarten using a variety of strategies to reach and inform families living in areas of poverty or high linguistic diversity, including but not limited to providing information through schoolsite councils, school advisory groups, community organizations and parent meetings. 35) Modifies the existing definition of "transitional kindergarten" to strike reference to being the first year of a two-year kindergarten program using a modified kindergarten curriculum, to instead define it as a school-year long kindergarten readiness grade level for children who will be four years old before September 1 of the year in which he or she enrolls in transitional kindergarten. SB 837 Page 13 36) States legislative findings and declarations relative to a comprehensive and adequately funded early learning and educational support system for children from birth to five years of age, and states legislative intent that the expansion of transitional kindergarten does not adversely impact access to early care and education opportunities for infants and toddlers. STAFF COMMENTS 1) Existing programs for four-year olds . Transitional kindergarten currently serves "older" four-year olds and "young" five-year olds who have their fifth birthday after the cut-off date for kindergarten (between October 2 and December 2 for the current school year, and between September 2 and December 2 beginning with the 2014-15 school year). Eligibility for transitional kindergarten is limited to this cohort of students because they would have been eligible for kindergarten under the previous entry-age. The California Longitudinal Pupil Achievement Data System has not included data specific to enrollment in transitional kindergarten; it could not distinguish between students who attend kindergarten and students who attend transitional kindergarten. However, it is possible to determine how many students are eligible for transitional kindergarten by examining birth dates. Using population projections issued by the Department of Finance, and the assumption that 70% of eligible students enroll in transitional kindergarten, is it estimated that 125,000 children (who turn five between September 1 and December 2) will be eligible to enroll in transitional kindergarten in the 2014-15 school year. This bill does not affect eligibility for the 2014-15 school year. This bill would extend eligibility for transitional kindergarten to children who may be currently attending programs described in the Background section of this analysis. Will programs currently serving these children lose funding by serving fewer four-year olds? How will loss of funding affect those programs? 2) Teacher and paraprofessional qualifications . This bill requires transitional kindergarten teachers to hold at least a child development teacher permit, and by July 1, SB 837 Page 14 2019, requires transitional kindergarten teachers to have a baccalaureate degree and a teaching credential. Existing law does not address qualifications for transitional kindergarten teachers; these classes are currently taught by teachers who hold a multiple subject credential. Possession of a baccalaureate degree is currently one of the requirements to obtain a teaching credential. This bill requires teachers with a multiple subject credential to also have 24 units in early childhood education or child development (by July 1, 2019), which is not currently a requirement for a multiple subject credential. Existing requirements for a child development teacher permit include 24 units in early childhood education or child development. This bill does not preclude those 24 units from "counting" toward the requirements for transitional kindergarten teachers. This bill requires transitional kindergarten paraprofessionals to hold at least a child development assistant permit, and by July 1, 2019, requires paraprofessionals to have a child development teacher permit. Assistant permits require completion of six units in early childhood education or child development, while the teacher permit requires completion of 24 units plus 16 units in general education. It is not clear where staff will complete this coursework (presumably at community colleges). Will the necessary coursework be available and accessible, particularly for the workforce in areas that are not near a community college? How much will it cost, and how will it be paid for? Is the July 1, 2019, deadline sufficient time for the workforce to complete these requirements? 3) Contracting . This bill authorizes transitional kindergarten to be operated using available classroom space at a public schoolsite meeting kindergarten classroom requirements, or at any public or private facility that has a child care license. Granting the authority to contract with private providers is meant to alleviate some of the problems encountered when the State implemented Class Size Reduction, such as the lack of available teachers and facilities. SB 837 Page 15 This bill requires school districts or charter schools to be responsible for oversight and administration of transitional kindergarten in the same manner as if transitional kindergarten were located on a schoolsite, and requires transitional kindergarten to be under the exclusive management and control of the governing board of the school district or governing body of the charter school that administers the contract. For purposes of transitional kindergarten operated by a private provider, this bill defines "immediate supervision" as serving students under the immediate supervision of an employee of the private local provider who satisfies the educational requirements for transitional kindergarten teachers or paraprofessional. Staff recommends an amendment to clarify that this provision relates to the supervision of students, rather than the supervision of employees of a private provider. ("Immediate supervision" in Section 46300(g)(3) is within the context of supervising students pursuant to Section 46300(a)). This bill requires contractors to meet Title 22 health and safety requirements, and have a child care license, yet defines "public facility" and "private facility" as a public or private facility that either has a child care license for age-eligible children or is exempt from licensure. It appears that this bill requires the contractor to hold a child care license yet the delivery of transitional kindergarten instruction may be provided in a facility that is not licensed. Will school districts and charter schools choose to contract with private providers, who may be serving these children currently? Will private providers be forced to provide fewer opportunities for four-year olds? Will school districts and charters that contract out ensure the private provider meets all requirements and provide proper oversight? Is it appropriate to contract out for instruction that is part of the K-12 public school system? 4) Full-day . This bill requires funding for preschool to be used to provide services for eligible children, including augmenting transitional kindergarten to provide full-day, full-year learning and child care services for participants. SB 837 Page 16 This bill requires transitional kindergarten funds to supplement, and not supplant, federal and state funding for existing child care and development programs. This bill requires transitional kindergarten to include elements to promote integration and alignment with the early learning and child care system and the elementary education system, including coordination with other providers of services to young children, and coordination of services with full-day, full-year early learning and child care programs. This bill requires, beginning with the 2015-16 school year, transitional kindergarten to be taught by at least one teacher and one paraprofessional. Pursuant to this bill, providers of transitional kindergarten will have a paraprofessional on staff that may be available to provide full-day wraparound services more cost-effectively than if a teacher were to provide those services. This bill does not require transitional kindergarten to provide a full-day program, nor does this bill ensure that students who attend transitional kindergarten will have access to full-day programs. Will providers of transitional kindergarten also provide full-day programs or services? Will low-income four-year olds continue to be eligible for State Preschool or Head Start, even if only for wraparound services provided through State Preschool or Head Start? Will students who are not eligible for subsidized programs have access to early learning or care programs for the portion of the day those students are not attending transitional kindergarten? Will families find it difficult to piece together part-day transitional kindergarten and part-day wraparound services, particularly since transitional kindergarten is not required to be offered on every schoolsite? 5) Class size and staffing . This bill requires, beginning with the 2015-16 school year, transitional kindergarten to be taught by at least one teacher and one paraprofessional. This bill also caps class sizes at 20 children, thereby establishing a student-to-adult ratio of 10:1. The ratios for State Preschool are 8:1 child-to-adult, and 24:1 child-to-teacher. The ratio for kindergarten is 24:1. The ratio for Head Start is 10:1. SB 837 Page 17 It is unclear how different ratios will affect the ability of programs to offer a blended full-day program. 6) Curriculum . Current law requires transitional kindergarten to use a modified kindergarten curriculum that is age and developmentally appropriate. This bill requires, until statewide transitional kindergarten standards are adopted, use of the California Preschool Learning Foundations. http://www.cde.ca.gov/sp/cd/re/psfoundations.asp This bill requires the Superintendent of Public Instruction (SPI) to develop, and the State Board of Education (SBE) to adopt, by January 30, 2016, transitional kindergarten standards that include but are not limited to the nine developmental domains that are included in the California Preschool Learning Foundations. This bill requires the SBE, after adopting the transitional kindergarten standards, to review the curriculum frameworks in English language arts (including English language development), mathematics, science, and history-social science for conformity with the transitional kindergarten standards. This bill requires the SBE, by January 30, 2017, to modify the frameworks, if appropriate, to align them with the transitional kindergarten standards and ensure that those standards are incorporated into the frameworks. Staff recommends amendments to delete the requirement that the SPI develop standards, and SBE review and modify frameworks, to instead require the Instructional Quality Commission to undertake these activities. 7) Fiscal impact . This bill requires, beginning with the 2015-16 school year, transitional kindergarten programs to receive 2/3 of the per student base grant per unit of average daily attendance, as adjusted for inflation, plus an additional adjustment of 10.4%, and a supplemental grant add-on. This is the local control funding formula (LCFF), minus the concentration grants. It appears this results in the generation of full per-average daily attendance funding amount, rather than being factored into the LCFF target which provides a portion of funding until full implementation of the LCFF is reached. According to estimates provided by the author's office, SB 837 Page 18 assuming a 70% rate of enrollment in transitional kindergarten, this bill could cost an additional $1.46 billion upon full implementation in the 2019-20 school year. These funds would be added to the Proposition 98 base. 8) Related legislation . SB 1123 (Liu) establishes Strong Start early learning and care services for infants and toddlers that, among other things, modifies staffing ratios and requires, by July 1, 2019, providers to have at least one teacher in each classroom that holds a child development teacher permit. SUPPORT Advancement Project Alpaugh Unified School District Bay Area First 5 Executive Directors California State PTA Children Now Common Sense Media Compton Unified School District County of Santa Clara Supervisor, District Three East Bay Community Foundation Families in Schools Family Engagement Institute Fight Crime: Invest in Kids First 5 Association of California First 5 Fresno County InnerCity Struggle Junior Leagues of California State Public Affairs Committee League of Women Voters of California Los Angeles Chamber of Commerce Mission: Readiness Military Leaders for Kids Oak Grove School District Parent Institute for Quality Education Placentia-Yorba Linda Unified School District Planned Parenthood Mar Monte Santa Clara County Office of Education Superintendent of the Los Angeles Unified School District United Way of California Zero To Three Western Office OPPOSITION None on file. SB 837 Page 19