BILL ANALYSIS
SB 1381
Page 1
Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1381 (Simitian) - As Amended: June 1, 2010
SENATE VOTE : 28-4
SUBJECT : Kindergarten: age of admission
SUMMARY : Moves up the dates by which a child must turn five to
enroll in kindergarten and six to enroll in first grade.
Specifically, this bill :
1)Specifies that in computing the fiscal year average daily
attendance (ADA), a school district shall not include the
year-to-year loss of ADA in kindergarten for the 2012-13,
2013-14, or 2014-15 fiscal year.
2)Specifies the following dates by which a child must turn five
to enroll in kindergarten:
a) December 2 for the 2011-12 school year;
b) November 1 for the 2012-13 school year;
c) October 1 for the 2013-14 school year; and,
d) September 1 for the 2014-15 school year and each school
year thereafter.
3)Specifies that a child who will have his or her fifth birthday
on or before one of the dates specified by this bill may be
admitted to the prekindergarten summer program maintained by
the school district for pupils who will be enrolling in
kindergarten in September.
4)Makes corresponding changes to the dates by which a child must
turn 6 to enroll in first grade:
a) December 2 for the 2011-12 school year;
b) November 1 for the 2012-13 school year;
c) October 1 for the 2013-14 school year; and,
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d) September 1 for the 2014-15 school year and each school
year thereafter.
5)Specifies that 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.
6)Expresses the intent of the Legislature to appropriate in the
annual Budget Act one-half of the savings resulting from
changes enacted by this bill for purposes of expanding the
state preschool program. Expresses the intent of the
Legislature that children who are four and five years of age
and ineligible for kindergarten be allowed to participate in
the state preschool program.
EXISTING LAW :
1)Requires that a child be admitted to a 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. Provides that a child
who will have his or her fifth birthday on or before December
2 may be admitted to the prekindergarten summer program
maintained by the school district for pupils who will be
enrolling in kindergarten in September. (Education Code (EC)
48000)
2)Requires that a child 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 2 of that school year. Provides that 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. (EC 48010)
3)Provides that a child who has been admitted to the
kindergarten maintained by a private or a public school in
California or any other state, and who has completed one
school year therein, shall be admitted to the first grade of
an elementary school unless the parent or the guardian of the
child and the school district agree that the child may
continue in kindergarten for not more than an additional year.
(EC 48011)
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4)Subjects children between the ages of six and 18 years to
compulsory full-time education unless exempted pursuant to
prescribed provisions of law. (EC 48200)
5)Establishes the Kindergarten Readiness Pilot Program, which
permits school districts, until January 1, 2014, to
participate in a program to provide opportunities to increase
a child's readiness for school. (EC 48005.10 - 48005.55)
FISCAL EFFECT : According to the Senate Appropriations
Committee, savings in the hundreds of millions.
COMMENTS : Background . This bill moves up the date by which a
child must turn five for kindergarten entry one month per year
beginning with the 2011-12 school year for three years. By the
2014-15 school year, a child must be five years old by September
1st in order to start kindergarten. California is one of four
states (Connecticut, Michigan and Vermont) to have cut-off dates
between December 1 and January 1. Thirty five states have
cut-off dates between August 31 and October 16; four states have
cut-off dates on or before August 15; six states leave the
entrance-age decision up to local school districts; and one
state allows districts to choose September 30 or August 1. It
is estimated that 115,000 or 25% of a kindergarten class would
be affected by this proposal (there were 461,043 kindergarteners
in 2008-09). The California Department of Education (CDE)
projects displacement of 3,500 teachers associated with this
shift.
Due to increased emphasis on test scores, kindergarten classes
now place heavier emphasis on academics. Success in
kindergarten is not only affected by what a child knows or not
knows academically, physical, social and emotional factors also
matter. Delaying the entry of four-year-old children will give
them time to prepare and mature (e.g., able to follow
directions, take care of themselves).
Numerous studies have been conducted relative to school
readiness and the age of entry into kindergarten. Some studies
report a benefit to delayed entry while others show there are
little or no long-term benefits. The following are a few
highlights:
A May 2008 Public Policy Institute of California (PPIC) review
of 14 existing studies found that students who enter
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kindergarten at an older age do better on math and reading test
scores, with the impact lasting into the eighth grade. Studies
also suggest that older students are less likely to be retained
a grade or to be diagnosed with a learning disability, while
having higher likelihood of attending college and earning higher
wages. The report notes, however, that the actual birthdate for
entry would affect individual pupils in different ways. Those
kids who are delayed for a year will be the older kids in their
class, but those with the mid-year birthdays will now be the
youngest. While unlikely to occur, this can potentially affect
graduation rates. California's compulsory education law
requires attendance in school from six through 18 years of age;
kindergarten is not mandatory in California. Kids who turn 18
earlier will be able to leave school earlier and therefore may
not graduate.
The PPIC also reports the results of one study that shows that
kids from higher income families fare better than kids from
disadvantaged families due to increased opportunities for access
to prekindergarten/preschool programs. This is evident by
parents who intentionally hold children with fall birthdays
back, a practice commonly referred to as "redshirting" in order
to provide their children with extra time to gain the skills
necessary to be successful for academics. PPIC has determined
that the benefits of delaying entry overrides the negatives, but
points out that the effect of delaying entry to kindergarten is
contingent upon the extent to which disparities in skill
acquisition between kids are removed. Finally, the PPIC
recommends that policymakers pay special attention to the effect
on disadvantaged kids and English learners, who may need
additional prekindergarten opportunities.
Another report, "What Age Should Children Enter Kindergarten? A
Question for Policy Makers and Parents" (Stipek, 2002),
concludes that school experience makes a greater contribution to
academic achievement than delaying children's school entry.
According to Stipek, research does not support any unique
"threshold" entry age by which young children are most ready to
begin school. Children from low-income backgrounds, already at
risk of starting school behind their middle-class peers in terms
of academic skills, may be even further disadvantaged when
kindergarten is delayed.
A 2005 study by the RAND Corporation titled "Delaying
Kindergarten: Effects on Test Scores and Childcare Costs" found
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that delaying kindergarten boosts standardized test scores in
math and reading. However, the study also noted that delaying
kindergarten can have a negative economic effect on families by
imposing additional childcare costs for families. The report
suggests that "policymakers may need to view entrance age
policies and childcare policies as a package."
A CDE report in 2004 also recommends that thought be given to
the types and quality of preschool services that would be
available to displaced children.
The LAO in its analysis of the Fiscal Year (FY) 2010-11 budget,
supports the date change and recommends implementation beginning
in the 2011-12 school year in order to realize approximately
$700 million savings from revenue limit and categorical program
savings. The LAO suggests that some of the funding could be
used for subsidized preschool for low-income kids. Concerns
have been raised about moving the birthdate for kindergarten for
budgetary reasons. The reason for delaying entry is to ensure
that the kids are better prepared for school, academically and
social-emotionally. If over 100,000 kids are prevented from
starting their education, the state should ensure that they have
access to programs that will ensure their school readiness.
There is general agreement that changing the birthdate by which
a child must turn five to ensure that kids are older before
entering kindergarten is good policy. There are, however, major
issues related to the policy change that must be addressed.
Phase in or all at once? : This bill proposes to phase in the
change over three years time by moving the date by which a child
must turn five years old one month at a time, starting with
November 1st in the 2011-12 school year. There have been
numerous bills on this subject over the last 13 years. Some
bills have proposed phasing in the change one month each year
over three years, while the majority has proposed to make the
change in one year. The author's office argues that phasing in
the change results in less of an impact and enables districts to
better adjust to the loss of enrollment. However, the
California School Boards Association (CSBA), which has a Support
if Amended position on the bill, advocates for making the change
in one year. CSBA argues that the transition is easier and will
be less confusing for families and schools if done all at once.
Whether it's better to make the change in one year or over three
years may depend on whether displaced kids will be provided
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access to preparatory programs and what type of programs they
will be. If this policy is accompanied by no provision of
kindergarten readiness program or if it is provided through
preschool programs, then it would be better to phase in the
policy change. The FY 2009-10 budget allocated $439 million for
State Preschool Programs, providing over 110,000 slots for
children who families meet income eligibility of 75% of the
state median income ($50,256 for a family of four). According
to the CDE, the County Centralized Eligibility List shows 58,075
income eligible children ages three and four waiting for slots
in subsidized programs. Phasing in the change will result in
fewer children seeking preschool slots at the same time. On the
other hand, if the policy change is accompanied by the
establishment of a transitional kindergarten program to be
provided by school districts, it might be better to make the
change in one year. Making the change in one year will enable
school districts to increase the number of transitional
kindergarten programs, which increases the likelihood that the
child will have access to programs closer to home. If there are
fewer students impacted, the district will establish fewer
programs, which may require a child to travel outside of their
neighborhood. Smaller school districts will also have an easier
time implementing a transitional kindergarten program if the
change is done all at once, since the number of kids in a
transitional kindergarten program will be too small if phased
in. Six states (Colorado, Massachusetts, New Hampshire, New
Jersey, New York and Pennsylvania) allow school districts to
make entry-age decisions. The Legislature could allow districts
to decide whether to make the change at one time or phase in the
change over three years. Whether the accommodation will be
preschool or transitional kindergarten to be held at a
schoolsite, or phased in or changed in one year, it would be
beneficial to delay implementation for a year or two, in order
to provide time for programs to be developed and started.
Preschool or transitional kindergarten ? Ensure access for all
kids or just low-income kids ? One of the most contentious
issues related to delaying entry to kindergarten is what to do
with kids who are displaced. Not providing access to
preparatory programs will cause more harm than allowing a young
child to start kindergarten. The questions raised include:
Should the state provide access to kindergarten readiness
programs to all kids or just low-income kids? If the state is
to provide access, should the state expand access to the State
Preschool Program or should the state authorize school districts
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to establish transitional kindergarten programs provided at a
schoolsite by school districts? This bill proposes to divert
half of the savings from Proposition 98 to State Preschool
Programs. State preschool programs must comply with Title 5
regulations developed by the CDE, which are known to be higher
standards than Title 22 regulations for general child care
programs regulated by the Department of Social Services. With
the phasing in of the state Preschool Learning Foundations,
focusing on social-emotional development, language and literacy,
English-language development, and mathematics, State Preschool
Programs are striving to improve quality and better prepare kids
for kindergarten. However, with thousands of children on the
waiting list and a fairly low income cap, most displaced
children will not have access to a State Preschool Program,
unless the income eligibility is modified for displaced kids.
Otherwise, families with modest incomes above the eligibility
threshold who were anticipating preschool savings when their
kids enter kindergarten will have to pay for another year of
preschool. Eligibility for State Preschool Program will also
need to be revised to include enrollment of five-year-old
children. Currently, priority is for four-year-old children and
then three-year-old children. According to the LAO,
approximately 9,200 four-year-olds born between September and
December are attending State Preschool Programs. The LAO also
indicates that with a phased in approach, approximately 43,600
children are impacted the first year. That would leave 34,400
kids without access to State Preschool Programs. It is unclear
whether these programs are available even if savings as a result
of delaying entry are provided for this purpose.
School districts might have an easier time implementing
transitional kindergarten programs, since they already have
facilities and staff, which are major challenges for starting
new programs. Moreover, there are anecdotal reports of
increasing number of districts experimenting with transitional
kindergarten for children with fall birthdays. Districts are
using as the basis of their programs existing law that allows
parents and school districts to, upon the conclusion of one year
of kindergarten, retain a child for another year. These
programs may differ from preschool programs in that they are
taught by credentialed teachers and are adapted from
kindergarten curriculum. Another advantage is that the kids
will likely be on a schoolsite where they will experience
classroom setting, but without the stigma of being "held back"
for another year of kindergarten. Transitional kindergarten
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causes less change and disruption to children, their families,
teachers, schools, and districts.
Savings or no savings ? The LAO estimates $700 million in
revenue limit savings as a result of serving fewer students.
With the phased in approach, the LAO estimates $230 million
savings the first year with additional savings from categorical
programs. This is a loss to the Proposition 98 base. While
identifying savings to offset General Fund deficits might be
attractive, this policy change should not be viewed through a
fiscal lens. Enrolling displaced kids in State Preschool
Programs will be cheaper than establishing transitional
kindergarten programs. The Standard Reimbursement Rate for
State Preschool Programs is $21.22 per day per child or $3,714
annually, compared with approximately $6,000 for revenue limit
spending. The savings are a result of preventing kids from
attending school. If the savings are not used to ensure that
kids have access to a quality kindergarten readiness program, or
if the kids end up watching television or attending child care
settings that do not have a kindergarten readiness component
over the next year, there would be no benefit to delaying entry
to kindergarten.
Declining enrollment adjustment . Current law provides for
general purpose funding to school districts through the revenue
limit program. Each district has a defined revenue limit per
unit of ADA that is based on historical expenditures on
education as modified through various statutory adjustments. A
district's total revenue limit apportionment is calculated based
on the greater of current or prior year ADA. Thus, districts
are held harmless for losses in ADA for one year (the declining
enrollment adjustment). This bill specifies that ADA shall not
include the year-to-year loss of ADA as a result of moving the
birthdates for kindergarten entry, thereby prohibiting districts
from being held harmless as a result loss of enrollment pursuant
to this bill. The Small School Districts Association opposes
this provision of the bill and states that small school
districts are unable to consolidate classes with a decline in
kindergarten enrollment because they only have one or two
classes per grade. Without the hold harmless provision, a small
school district would be forced to maintain their instructional
personnel while sustaining loss of revenue because of the
enrollment decline.
This bill is very similar to AB 1967 (Mendoza), which was held
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in the Assembly Appropriations Committee suspense file this
year. AB 1967 makes the birthdate change in one year and
provides revenue limit for transitional kindergarten programs.
Committee amendments . This bill currently states legislative
intent to divert half of the savings generated by this bill to
the State Preschool Programs. Due to the advantages offered by
enrolling kids in a transitional kindergarten program, staff
recommends striking the intent language and instead establishing
transitional kindergarten programs. Staff also recommends
postponing implementation for one year.
Arguments in Support . The author states, "Today's kindergarten
classroom is a much different place than most of us experienced.
We're placing real academic demands on our kindergarteners, and
the youngest are struggling to keep up. The evidence shows that
giving these young fives an extra year can make a big difference
in their long term success."
Several organizations, including the California School Boards
Association, the Association of California School
Administrators, and Preschool California have a Support if
Amended position. They are seeking amendments to ensure that
kindergarten readiness or preschool programs are in place and
savings derived from the change remain within Proposition 98.
The Special Education Local Plan Area Administrators also has a
Support if Amended position and seeks an amendment to provide
base revenue limit funding for students with disabilities served
in prekindergarten rather than kindergarten.
Arguments in Opposition . The California Teachers Association
states that while it supports changing the kindergarten entry
age, it must be done incrementally and responsibly. "CTA
believes that all displaced students should have the opportunity
to go to a quality preschool program. The current state
preschool program is not accessible to all children and we do
not believe it appropriate to displace students without access
to preschool, particularly as many parents may not have the
resources for childcare in these unpredictable economic times.
CTA also believes budget cuts should not be made on the backs of
children."
Related legislation . AB 1967 (Mendoza) moves up the date by
three months by which a child must be five years old to enroll
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in kindergarten and six years old to enroll in first grade and
authorizes the funds to be used for transitional kindergarten
programs maintained by school districts. The bill was held in
the Assembly Appropriations Committee's suspense file.
SB 293 (Runner) moves the birthday one month each year for three
years. The bill was not heard in 2009 or 2010.
Previous legislation . AB 1236 (Mullin), moves up the date by 3
months by which a child must be 5 years old to enroll in
kindergarten and 6 years old to enroll in first grade, beginning
in 2011-12; makes kindergarten compulsory, beginning in 2010-11;
and establishes the Kindergarten Readiness Program, beginning in
2011-12. This bill was held by the Assembly Appropriations
Committee in 2008.
AB 2596 (S. Runner), moves up the birthday one month each year
and requires any savings to be allocated to the State Department
of Education to provide reimbursement for child care and
development services for eligible (low-income) families. The
bill was held by the Assembly Appropriations Committee in 2006.
SB 1764 (George Runner), also changes the age of admission to
kindergarten, but requires any savings realized by these changes
to be appropriated to increase access to preschool programs for
at-risk 4 year olds. The bill was held by the Assembly
Appropriations Committee in 2006.
AB 1394 (S. Runner), introduced in 2006, was identical to early
versions of AB 2596, but was never heard.
AB 66 (Pavley) would have authorized 23 specified school
districts to operate a two-year kindergarten pilot program, a
component of which would have allowed a child who has had his or
her fifth birthday between September 1 and December 2 of the
school year to be admitted to year-one of the program with the
approval of the parent or guardian. AB 66 was held on the
Assembly Appropriations Committee's suspense file in 2006.
AB 2970 (Pavley) of 2004 would have authorized a school district
to offer kindergarten classes at different schoolsites within
the district for different lengths of time and authorized a
school district to change the age at which a child is admitted
to kindergarten. AB 2970 was held on the Assembly
Appropriations Committee's suspense file.
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AB 810 (S. Runner) of 2003 would have moved up the dates by
which a child must be 5 years old to enroll in kindergarten and
6 years old to enroll in first grade. AB 810 failed passage in
the Assembly Education Committee.
AB 25 (Mazzoni), Chapter 1022, Statutes of 2000, created the
voluntary Kindergarten Readiness Pilot Program to test the
effectiveness of changing the kindergarten age of entry.
Beginning with the 2001-02 school year, participating school
districts could have required a child to be 5 years old before
September 1 to enroll in kindergarten. AB 25 provided funding
to school districts to compensate for the temporary loss of
attendance caused by changing kindergarten enrollment dates, and
required school districts to provide pre-kindergarten
instruction as a condition of the receipt of that funding. This
pilot program has not been implemented because it was not
funded. It is scheduled to sunset on January 1, 2011.
AB 513 (Mazzoni) of 1999 would have moved up the dates by which
a child must be 5 years old to enroll in kindergarten and 6
years old to enroll in first grade, phased in the change
one-month at a time over 3 years, held districts harmless for
any loss of revenue caused by this change, required outreach,
made kindergarten mandatory, required an assurance that an
adequate number of preschool and child care spaces were
available from children who would have otherwise been in
kindergarten, and required an evaluation of the effects on
student performance. AB 513 was held on the Assembly
Appropriations Committee's suspense file.
AB 85 (G. Runner) of 1997 would have moved up the dates by which
a child must be 5 years old to enroll in kindergarten and 6
years old to enroll in first grade, phased in the change
one-month at a time over 3 years, and held districts harmless
for any loss of revenue caused by this change. AB 85 failed
passage in the Assembly Education Committee.
Governor Wilson's 1992 proposal (part of his proposed Budget) to
change the date for admission to kindergarten was not approved
due to concerns about the significant budget deficit.
REGISTERED SUPPORT / OPPOSITION :
Support
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Association of California School Administrators (if amended)
California Association of School Psychologists
California Association of Suburban School Districts
California Kindergarten Association
California School Boards Association (if amended)
First 5 Santa Clara County
Inclusion Collaborative of Santa Clara County
Junior League of San Jose
Local Early Education Planning Council of Santa Clara County
Palo Alto Educators' Association
Poway Unified School District
Preschool California (if amended)
San Jose Silicon Valley Chamber of Commerce
Santa Clara County School Boards Association
Silicon Valley Leadership Group
Special Education Local Plan Area (if amended)
State Public Affairs Committee of the Junior Leagues of
California
Several individuals
Opposition
California Right to Life Committee, Inc.
California Teachers Association
Small School Districts' Association (unless amended)
One individual
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087