BILL ANALYSIS                                                                                                                                                                                                    Ó



           SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:               AB 713           
           ------------------------------------------------------------------ 
          |Author:     |Weber                                                |
          |------------+-----------------------------------------------------|
          |Version:    |June 1, 2015                             Hearing     |
          |            |Date:     July 8, 2015                               |
           ------------------------------------------------------------------ 
           ----------------------------------------------------------------- 
          |Urgency:    |No                    |Fiscal:     |Yes             |
           ----------------------------------------------------------------- 
           ------------------------------------------------------------------ 
          |Consultant: |Olgalilia Ramirez                                    |
           ------------------------------------------------------------------ 
          
          Subject:  Elementary education:  kindergarten

            SUMMARY
          
          This bill requires, beginning with the 2017-18 school year, a  
          student to have completed one year of kindergarten before being  
          admitted to the first grade and specifies that those offering or  
          conducting private school instruction at the kindergarten level  
          shall file notice with the Superintendent of Public Instruction  
          (SPI).

            BACKGROUND
          
          1)Existing law requires every person between the ages of 6 and  
            18 years to attend school full-time (at least the minimum  
            schoolday as required by statute and school districts).   
            (Education Code § 48200)

          2)Existing law requires a student to be admitted to kindergarten  
            if the student will be five-years old on or before September 1  
            of the 2014-15 school year and every year thereafter.  (EC §  
            48000)

          3)Existing law authorizes school districts to admit to  
            kindergarten, on a case-by-case basis, a student who will be  
            five-years old during the school year, subject to the  
            following conditions:

             a)   The governing board of the school district determines  
               that the admittance is in the best interest of the student.








          AB 713 (Weber)                                          Page 2  
          of ?
          
          
             b)   The parent is given information regarding the advantages  
               and disadvantages and any other explanatory information  
               about the effect of this early admittance.  
               (EC § 48000)

          4)Existing law requires a student to be admitted to the first  
            grade if the student will be six-years old on or before  
            September 1 of the 2014-15 school year and every year  
            thereafter.  (EC § 48010)

            ANALYSIS
          
          This bill requires, beginning with the 2017-18 school year, a  
          student to have completed one year of kindergarten before being  
          admitted to the first grade, thereby requiring kindergarten  
          attendance.  Specifically, this bill:


       1)Requires, beginning with the 2017-18 school year, a student to  
            have completed one year of kindergarten before being admitted  
            to the first grade.

       2)Adds completion of one year of kindergarten as a condition of  
            admission to first grade, in addition to the existing  
            condition on age-eligibility.

       3)Specifies that a person, firm, association, partnership, or  
            corporation offering or conducting private school instruction  
            at elementary or high school required to file notice with the  
            Superintendent of Public Instruction (SPI) to include those  
            providing kindergarten instruction.

       4)Specifies that the list of private elementary and high schools  
            prepared and published by the SPI to include those providing  
            kindergarten instruction.  

       5)Makes various non-substantive technical changes.

          STAFF COMMENTS
          
       1)Need for the bill.  According to the author, although California  
            has adopted statewide common core standards for kindergarten  
            instruction, current law does not require kindergarten  
            attendance which places some students at an educational  








          AB 713 (Weber)                                          Page 3  
          of ?
          
          
            disadvantage when entering first grade. This bill seeks to  
            ensure that kindergarten instruction is provided to all  
            students by requiring one year of kindergarten before  
            attending the first grade. 

       2)How many students currently attend kindergarten?  Kindergarten is  
            considered a grade level, is factored in the calculation of  
            average daily attendance and is included in the academic  
            content standards, curricular frameworks and instructional  
            materials. However, attendance in kindergarten is not  
            mandatory and compulsory education laws begin at age 6.

            The California Department of Education (CDE) estimates that  
            between 90-95% of eligible students attend kindergarten  
            (public and private kindergarten) and approximately 80% of  
            eligible students attend kindergarten at a public school.  The  
            CDE's data shows that 28,000 students were enrolled in first  
            grade in 2011-12 but were not enrolled in kindergarten the  
            prior year, representing 5.7% of first grade enrollment. It is  
            likely that many of those students attended private  
            kindergarten.

            Current law does not require kindergarten attendance but does  
            require school districts to admit students into kindergarten  
            if the parent chooses to enroll the student and the student is  
            five-years old by September 1 (beginning with the 2014-15  
            school year and every year thereafter).

       3)Will all five-year olds be required to attend kindergarten?  No.   
            This bill does not expand compulsory education laws to include  
            five-year olds.  This bill does not preclude students from  
            being admitted to kindergarten at age six (but not older due  
            to compulsory education laws). 

       4)Public or private school.  This bill does not require students to  
            attend kindergarten at a public school, parents would retain  
            the option to enroll their five- or six-year old in  
            kindergarten at a private school. Additionally, this bill does  
            not affect the option for families to enroll a student in  
            private kindergarten (at age five or six) and subsequently  
            enroll the student in first grade at a public school. Current  
            law requires specified entities that offer or conduct private  
            school instruction at the elementary or high school level to  
            file notice with the Superintendent of Public Instruction  








          AB 713 (Weber)                                          Page 4  
          of ?
          
          
            (SPI). This bill specifies that those offering or conducting  
            private school instruction at the kindergarten level must also  
            file notice with the SPI and directs the SPI to include those  
            providing kindergarten instruction to its published list of  
            private elementary and high schools.  

            It is estimated that approximately 90-95% of age-eligible  
            students attend kindergarten.  It is unclear if schools public  
            and private have sufficient facilities and  
            appropriately-credentialed teachers to serve additional  
            students.  This bill requires kindergarten attendance  
            beginning with the 2017-18 school year.

       5)Related Budget Activity.  Current law requires the Superintendent  
            of Public Instruction to provide the Legislature with an  
            evaluation of kindergarten program implementation in the  
            state, including part-day and full-day kindergarten programs.  
            The 2015 Budget Act appropriates funds for this purpose. 

       6)Prior legislation.  
               
            AB 1444 (Buchanan, 2014) similar to this bill would have  
            required, beginning with the 2016-17 school year, a student to  
            have completed one year of kindergarten before being admitted  
            to the first grade. AB 1444 was vetoed by Governor Brown whose  
            veto message read:
                         
                 "Most children already attend kindergarten, and those  
                 that don't may be enrolled in other educational or  
                 developmental programs that are deemed more appropriate  
                 for them by their families.

                 I would prefer to let parents determine what is best for  
                 their children, rather than mandate an entirely new grade  
                 level."

            AB 1772 (Buchanan, 2012) would have required, beginning with  
            the 2014-15 school year, a student to have completed one year  
            of kindergarten before being admitted to the first grade.  AB  
            1772 was held in the Assembly Appropriations Committee.

            AB 2203 (V. Manuel Perez, 2012) would have expanded compulsory  
            education laws to include five-year olds.  AB 2203 was held in  
            the Assembly Appropriations Committee.








          AB 713 (Weber)                                          Page 5  
          of ?
          
          

            AB 1236 (Mullin, 2008) would have expanded compulsory  
            education laws to include five-year olds.  AB 1236 was held in  
            the Assembly Appropriations Committee.

            SUPPORT
          
          California Catholic Conference, Inc. 
          California State Conference of the National Association for the  
          Advancement of Colored 
               People
          California State PTA
          California Teachers Association 
          First 5 California 

            OPPOSITION
           
           California Right to Life Committee, Inc. 
          Independent Private Schools of California 

                                      -- END --