BILL NUMBER: AB 1967 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 17, 2010
An act to amend Sections 48000 and 48010 of, and to add Sections
14022.7 and 42238.31 to, the Education Code, relating to pupil
admission.
LEGISLATIVE COUNSEL'S DIGEST
AB 1967, as introduced, Mendoza. Pupil admission: kindergarten and
first grade.
(1) Existing law requires that a child be admitted to kindergarten
at the beginning of a school year, or at any time later in the same
year if the child will have his or her 5th birthday on or before
December 2 of that school year. An elementary school is required to
admit a child to the first grade during the first month of a school
year if the child will have his or her 6th birthday on or before
December 2 of that school year.
This bill would change the required birthday for kindergarten and
first grade admission to November 2 for the 2012-13 school year,
October 2 for the 2013-14 school year, and September 2 for the
2014-15 school year and each school year thereafter. To the extent
those changes establish new administrative duties on the governing
boards of school districts in implementing the changes, they would
impose a state-mandated local program.
(2) Existing law sets forth a method for computing the state aid
portion of the amount of revenue limit per unit of average daily
attendance moneys to be allocated to school districts each fiscal
year. Existing law also sets forth a method for computing the average
daily attendance of pupils for this purpose. Section 8 of Article
XVI of the California Constitution (Proposition 98) sets forth a
formula for computing the minimum amount of General Fund revenues
that the state is required to appropriate for the support of school
districts, as defined, and community college districts for each
fiscal year. That formula is adjusted in certain fiscal years for
changes in pupil enrollment.
This bill, in order to compensate school districts for the loss in
average daily attendance resulting from changing the age at which
children are required to be admitted to kindergarten, would increase
the number of units of average daily attendance (ADA) computed for a
school district for the purpose of computing the revenue limit of the
school district for each of the 2012-13 to 2026-27 fiscal years,
inclusive, according to a specified formula.
The bill would require that, in calculating "changes in enrollment"
between each of the 2011-12 to 2026-27 fiscal years, inclusive, and
the fiscal year immediately preceding each of those fiscal years for
purposes of paragraph (2) or (3) of subdivision (b) of Section 8 of
Article XVI of the California Constitution, the computation of ADA
for each of the 2012-13 to 2026-27 fiscal years, inclusive, shall
include the total statewide number of units of ADA computed for those
fiscal years to compensate school districts for the loss in ADA
resulting from this bill.
(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.
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 14022.7 is added to the Education Code, to
read:
14022.7. (a) Notwithstanding any other law, in calculating
"changes in enrollment" between each of the 2011-12 to 2026-27 fiscal
years, inclusive, and the fiscal year immediately preceding each of
those fiscal years under this article for purposes of paragraph (2)
or (3) of subdivision (b) of Section 8 of Article XVI of the
California Constitution, the computation of average daily attendance
for each of the 2012-13 to 2026-27 fiscal years, inclusive, shall
include the total statewide number of units of average daily
attendance computed for those fiscal years pursuant to Section
42238.20.
(b) Notwithstanding any other law, in calculating "changes in
enrollment" between the 2026-27 fiscal year and the 2027-28 fiscal
year under this article for purposes of paragraph (2) or (3) of
subdivision (b) of Section 8 of Article XVI of the California
Constitution, the computation of average daily attendance for the
2026-27 fiscal year shall include the total statewide number of units
of average daily attendance computed for that fiscal year pursuant
to Section 42238.20.
SEC. 2. Section 42238.31 is added to the Education Code, to read:
42238.31. (a) In order to compensate school districts for the
loss in average daily attendance resulting from changing the age at
which children are required to be admitted to kindergarten pursuant
to Section 48000, the number of units of average daily attendance
computed for a school district pursuant to Section 42238.5 for the
purpose of computing the revenue limit of the school district
pursuant to Section 42238 shall be increased for each of the 2012-13
to 2026-27 fiscal years, inclusive, as follows:
(1) For each of the 2012-13 to 2026-27 fiscal years, inclusive,
determine the total number of units of average daily attendance
generated for the current fiscal year by pupils enrolled in the
classes of pupils who entered kindergarten in the 2012-13, 2013-14,
and 2014-15 school years.
(2) Multiply the number determined in paragraph (1) by 1.0909.
(b) The number of units of average daily attendance computed
pursuant to Section 42238.5 shall be increased pursuant to
subdivision (a) for those classes of pupils who entered kindergarten
in each of the 2012-13, 2013-14, and 2014-15 school years, as those
classes move from kindergarten to grade 12, as follows:
(1) School districts having a kindergarten and grades 1 to 12,
inclusive, shall increase the number of units of average daily
attendance generated by the classes of pupils who entered into
kindergarten in each of the 2012-13, 2013-14, and 2014-15 school
years, for each of the 2012-13 to 2026-27 fiscal years, inclusive.
(2) Elementary school districts having a kindergarten and grades 1
to 8, inclusive, shall increase the number of units of average daily
attendance generated by the classes of pupils who entered into
kindergarten in each of the 2012-13, 2013-14, and 2014-15 school
years, for each of the 2012-2013 to 2022-23 fiscal years, inclusive.
(3) High school districts having grades 9 to 12, inclusive, shall
increase the number of units of average daily attendance generated by
the classes of pupils who entered into kindergarten in each of the
2012-13, 2013-14, and 2014-15 school years, for each of the 2021-22
to 2026-27 fiscal years, inclusive.
(4) Elementary school districts having a kindergarten and grades 1
to 6, inclusive, shall increase the number of units of average daily
attendance generated by the classes of pupils who entered into
kindergarten in each of the 2012-13, 2013-14, and 2014-15 school
years, for each of the 2012-13 to 2020-21 fiscal years, inclusive.
(5) High school districts having grades 7 to 12, inclusive, shall
increase the number of units of average daily attendance generated by
the classes of pupils who entered into kindergarten in each of the
2012-13, 2013-14, and 2014-15 school years, for each of the 2019-20
to 2026-27 fiscal years, inclusive.
SEC. 3. Section 48000 of the Education Code is amended to read:
48000. (a) A child shall be admitted to a kindergarten at the
beginning of a school year, or at any a
later time in the same year if the child will have his or her fifth
birthday on or before December 2 of that school year.
one of the following dates:
(1) December 2 of the 2011-12 school year.
(2) November 2 of the 2012-13 school year.
(3) October 2 of the 2013-14 school year.
(4) September 2 of the 2014-15 school year and each school year
thereafter.
A
(b) A child who will have his or
her fifth birthday on or before December 2
one of the dates described in paragraphs (1) to (4),
inclusive, of subdivision (a) may be admitted to the
prekindergarten summer program maintained by the school district for
pupils who will be enrolling in kindergarten in September.
(b)
(c) The governing board of any
a school district maintaining one or more kindergartens may, on
a case-by-case basis, admit to a kindergarten a child having
attained the age of five years at any time during the school year
with the approval of the parent or guardian, subject to the following
conditions:
(1) The governing board determines that the admittance is in the
best interests of the child.
(2) The parent or guardian is given information regarding the
advantages and disadvantages and any other explanatory information
about the effect of this early admittance.
SEC. 4. 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 will have his or her sixth birthday on or
before December 2nd of that school year. For
one of the following dates:
(1) December 2 of the 2011-12 school year.
(2) November 2 of the 2012-13 school year.
(3) October 2 of the 2013-14 school year.
(4) September 2 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.
SEC. 5. 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.