Amended in Assembly June 1, 2015

Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 713

Introduced by Assembly Member Weber

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(Coauthors: Assembly Members McCarty, O'Donnell, and Thurmond)

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February 25, 2015

An act to amend begin delete Section end delete begin insert Sections 33190 and end insert 48010 of, and to add Section 48001 to, the Education Code, relating to kindergarten.

LEGISLATIVE COUNSEL’S DIGEST

AB 713, as amended, Weber. Elementary education: kindergarten.

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Under

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begin insert (1) end insert begin insert   end insert begin insert Under end insert existing law, a person between the ages of 6 and 18 years who is not exempted by law is subject to compulsory full-time education. Existing law excludes a child under 6 years of age from the public schools, subject to specified exceptions.

Existing law requires a school district maintaining a kindergarten to admit a child who will have his or her 5th birthday on or before certain specified dates during that school year. Existing law also requires begin delete that end delete a child who will have his or her 6th birthday on or before specified dates begin insert to end insert be admitted to the first grade of an elementary school.

This bill, beginning with the 2017-18 school year, would require a child to have completed one year of kindergarten before he or she may be admitted to the first grade, thereby imposing a state-mandated local program.

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(2) Existing law requires each person, firm, association, partnership, or corporation offering or conducting private school instruction at the elementary or high school level to, between the first and 15th day of October of each year, file with the Superintendent of Public Instruction an affidavit or statement, under penalty of perjury, by the owner or other administrator setting forth specified information.

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This bill would specify that private school instruction at the elementary level includes kindergarten. The bill also would make nonsubstantive changes to these provisions.

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The

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begin insert (3) end insert begin insert   end insert begin insert The end insert 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:

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begin insert SECTION 1. end insert   

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begin insert Section 33190 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

33190.  

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Every

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begin insert (a) end insert begin insert   end insert begin insert Each end insert person, firm, association, partnership, or corporation
offering or conducting private school instruction begin delete on end delete begin insert at end insert the
elementary begin insert , including kindergarten, end insert or high school level begin delete shall end delete
begin insert shall, end insert between the first and 15th day of October of each begin delete year,
commencing on October 1, 1967, end delete begin insert year, end insert file with the Superintendent
begin delete of Public Instruction end delete an affidavit or statement, under penalty of
perjury, by the owner or other begin delete head end delete begin insert administrator end insert setting forth the
following information for the current year:

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(a)

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begin insert (1) end insert  All names, whether real or fictitious, begin delete of end delete begin insert under which end insert the
person, firm, association, partnership, or corporation begin delete under which
it end delete has done begin delete and end delete begin insert or end insert is doing business.

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(b)

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begin insert (2) end insert  The address, including city and street, of begin delete every end delete begin insert each end insert place
of begin delete doing end delete business of the person, firm, association, partnership, or
corporation within begin delete the State of end delete California.

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(c)

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begin insert (3) end insert  The address, including city and street, of the location of the
records of the person, firm, association, partnership, or corporation,
and the name and address, including city and street, of the
custodian of begin delete such end delete begin insert those end insert records.

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(d)

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begin insert (4) end insert  The begin delete names end delete begin insert name end insert and begin delete addresses, end delete begin insert address, end insert including city and
street, of begin delete the directors, if any, end delete begin insert each director end insert and principal begin delete officers end delete
begin insert officer end insert of the person, firm, association, partnership, or corporation.

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(e)

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begin insert (5) end insert  The school enrollment, by grades, number of teachers,
begin insert whether end insert coeducational or enrollment limited to boys or begin delete girls end delete begin insert girls, end insert
and boarding facilities.

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(f)

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begin insert (6) end insert  That the following records are maintained at the address
stated, and are true and accurate:

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(1)

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begin insert (A) end insert  The records required to be kept by Section 48222.

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(2)

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begin insert (B) end insert  The courses of study offered by the institution.

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(3)

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begin insert (C) end insert  The begin delete names end delete begin insert name end insert and begin delete addresses, end delete begin insert address, end insert including city and
street, of begin delete its faculty, end delete begin insert each faculty member, end insert together with a record
of the educational qualifications of each.

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(g)

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begin insert (7) end insert  Criminal record summary information begin delete has been end delete begin insert was end insert obtained
pursuant to Section 44237.

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Whenever

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begin insert (b) end insert begin insert   end insert begin insert If end insert two or more private schools are under the effective control
or supervision of a single administrative unit, begin delete such end delete begin insert that end insert
administrative unit may comply with begin delete the provisions of end delete this section
on behalf of each begin delete of the schools end delete begin insert school end insert under its control or
supervision by submitting one report.

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Filing

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begin insert (c) end insert begin insert   end insert begin insert Filing end insert pursuant to this section begin delete shall not be interpreted to end delete
begin insert does not end insert mean, and it shall be unlawful for begin delete any end delete begin insert a end insert school to
expressly or impliedly represent by any means whatsoever, that
the State of California, the begin delete Superintendent of Public Instruction, end delete
begin insert Superintendent, end insert the begin delete State Board of Education, end delete begin insert state board, end insert the
begin delete State Department of Education, end delete begin insert department, end insert or begin delete any end delete begin insert a end insert division or
bureau of the department, or begin delete any end delete begin insert an end insert accrediting agency has made
begin delete any end delete begin insert an end insert evaluation, recognition, approval, or endorsement of the
school or begin delete course end delete begin insert course, end insert unless this is an actual fact.

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The

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begin insert (d) end insert begin insert   end insert begin insert The end insert Superintendent begin delete of Public Instruction end delete shall prepare and
publish a list of begin insert each end insert private elementary begin insert , including kindergarten, end insert
and high begin delete schools to include end delete begin insert school that includes end insert the name and
address of the school and the name of the school owner or
administrator.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 48001 is added to the Education Code, to read:

48001.  

Beginning with the 2017-18 school year, a child shall
have completed one year of kindergarten before he or she may be
admitted to the first grade.

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begin insert SEC. 3. end insert   

Section 48010 of the Education Code is amended to
read:

48010.  

(a) A child shall be admitted to the first grade of an
elementary school during the first month of a school year if the
child has completed one year of kindergarten and will have his or
her sixth birthday on or before one of the following dates:

(1) December 2 of the 2011-12 school year.

(2) November 1 of the 2012-13 school year.

(3) October 1 of the 2013-14 school year.

(4) September 1 of the 2014-15 school year and each school
year thereafter.

(b) For good cause, the governing board of a school district may
permit a child of proper age to be admitted to a class after the first
school month of the school term.

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begin insert SEC. 4. end 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.