BILL ANALYSIS Ó
AB 2203
Page 1
Date of Hearing: April 11, 2012
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2203 (V. Manuel Perez) - As Introduced: February 23, 2012
SUBJECT : Compulsory education: children 5 years of age
SUMMARY : Lowers the age of a person subject to compulsory
education from age 6 to age 5 and makes a conforming change to
the provision of law specifying exclusions to compulsory
education.
EXISTING LAW :
1)Specifies that each person between the ages of 6 and 18 years,
unless otherwise exempted, is subject to compulsory full-time
education. Requires each person subject to compulsory
full-time education and each person subject to compulsory
continuation education to attend the public full-time day
school or continuation school or classes and for the full time
designated as the length of the schoolday by the governing
board of the school district in which the residency of either
the parent or legal guardian is located and each parent,
guardian, or other person having control or charge of the
pupil to send the pupil to the public full-time day school or
continuation school or classes and for the full time
designated as the length of the schoolday by the governing
board of the school district in which the residence of either
the parent or legal guardian is located. (Education Code (EC)
Section 48200)
2)Specifies that unless otherwise provided, a pupil shall not be
enrolled for less than the minimum schoolday established by
law. (EC Section 48200)
3)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 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 school
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year thereafter. (EC Section 48000)
4)Authorizes the governing board of a school district
maintaining one or more kindergartens to, on a case-by-case
basis, admit to 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:
a) The governing board determines that the admittance is in
the best interests of the child.
b) The parent or guardian is given information regarding
the advantages and disadvantages and any other explanatory
information about the effect of this early admittance. (EC
48000)
5)Specifies that 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
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 school
year thereafter. (EC Section 48010)
6)Authorizes the attendance supervisor or his or her designee, a
peace officer, a school administrator or his or her designee,
or a probation officer to arrest or assume temporary custody,
during school hours, of any minor subject to compulsory
full-time education or to compulsory continuation education
found away from his or her home and who is absent from school
without valid excuse within the county, city, or city and
county, or school district. (EC Section 48264)
FISCAL EFFECT : Unknown
COMMENTS : Under current law, compulsory education begins at age
6 until age 18. Any person subject to compulsory education
found away from home without a valid excuse for not attending
school can be arrested by school officials or peace or probation
officers. Current law does not require a child to attend
kindergarten but requires school districts to admit a pupil for
kindergarten if a parent wishes to enroll a child as long as the
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child will be five years of age by December 2 for the 2011-12
school year, November 1 for the 2012-13 school year, October 1
for the 2013-14 school year, and September 1 for the 2014-15
school year and every year thereafter.
This bill lowers the age of a person subject to compulsory
education to age 5. This requirement, coupled with the
provision in law requiring a child to be admitted to
kindergarten if he or she is five-years-old by specified dates,
will require kids who meet the birthdate cutoff dates to attend
kindergarten.
In the 2010-11 school year, 471,918 pupils were enrolled in
kindergarten out of a total enrollment of 6,217,000. The
California Department of Education (CDE) estimates that between
90-95% of pupils eligible for kindergarten actually attend
kindergarten; leaving approximately 25,000 to 52,000 kids that
do not attend kindergarten. The CDE also reports that 46,351
pupils attended private kindergarten programs in 2010-11. The
Education Commission of the States report that, as of December
2010, 17 states, plus Puerto Rico and the Virgin Islands, have
mandatory kindergarten policies, including Arkansas,
Connecticut, Delaware, District of Columbia, Louisiana,
Maryland, Nevada, New Mexico, Ohio, Oklahoma, Rhode Island,
South Carolina, South Dakota, Tennessee, Virginia, and West
Virginia. The most recent state to mandate kindergarten is
Wisconsin, signed into law in 2009, with implementation
beginning with the 2011-12 school year.
The author states, "The focus of kindergarten instruction has
changed significantly over the past 15 years. Kindergarten used
to focus primarily on the development of children's
socialization and behavior. Today, kindergarten is the new first
grade. Academic standards in kindergarten and subsequent grade
levels continue to become increasingly rigorous due to state and
federal requirements. By the end of kindergarten, students are
expected to have developed a variety of foundational skills
necessary for success in future grade levels, yet the state does
not require students to attend kindergarten.
"First graders who do not go to kindergarten are typically
behind their peers in their academic and social development and
have a higher likelihood of being retained in elementary school.
A child's attendance in kindergarten impacts his or her academic
performance for years to come. Delaying a child's school
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enrollment can lead to the same social and behavioral problems
most common in children who have failed a grade."
In 2002, the Legislature's Joint Committee to Develop a Master
Plan for Education's School Readiness Working Group recommended,
among other proposals, to enact legislation to include
kindergarten in the compulsory education system. The Working
Group's report states: "Currently, 94 percent of California
children attend kindergarten. With more rigorous academic
standards now in place, California needs to acknowledge the
importance of kindergarten in giving children an even start.
Children need adequate preparation prior to entering the primary
grades, when children are often set in academic trajectories
that can last a lifetime."
Recent actions . In 2010, SB 1381 (Simitian), Chapter 705,
Statutes of 2010, moved up the date by which a child must turn
five for kindergarten entry, from December 2 to November 1 in
the 2012-13 school year, October 1 in the 2013-14 school year,
and September 1 in the 2014-15 school year and beyond. The bill
also established transitional kindergarten programs, provided by
school districts, for displaced children. Arguing that due to
the state budget crisis, now is not the time to start new
programs, the Governor's proposed fiscal year 2012-13 budget
eliminates transitional kindergarten but retains the change to
the birthdate for kindergarten entry.
Arguments in Support . This bill is sponsored by the California
Federation of Teachers, who states, "A child's attendance in
kindergarten impacts his or her academic performance for years
to come. Delaying a child's school enrollment can lead to the
same social and behavioral problems most common in children who
have failed a grade. A growing body of early childhood research
supports the positive impact of early childhood education on
factors such as educational achievement, economic attainment,
and other factors that positively contribute to society.
"The impact of kindergarten on the achievement gap between
certain populations of students supports the importance of
kindergarten attendance. Once 2010 research study reported
that, 'Hispanic children, non-English speakers, children from
immigrant households, and children of low socioeconomic status
benefit the most from the increased availability of
kindergarten. Hispanic children with access to kindergarten are
17% less likely to be below grade for their age and earn wages
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5% higher as adults."
Arguments in Opposition . The Independent Private Schools of
California and the Private School Advocacy Center oppose the
bill, arguing that the bill interferes with parents' rights to
make early education decision and will put a financial burden on
parents who choose private schools to pay for an extra year of
school.
Committee amendments . Staff recommends postponing
implementation to the 2014-15 school year to enable school
districts to prepare for the enrollment of up to 52,000 new
pupils.
Related legislation . AB 1772 (Buchanan), pending in this
Committee, specifies that a person eligible for enrollment in
kindergarten and not exempted from compulsory education is
subject to compulsory kindergarten.
Previous legislation . AB 1236 (Mullin) would have lowered the
age of compulsory education to from age 6 to age 5, among other
proposals. The bill was held in the Assembly Appropriations
Committee suspense file in 2008.
AB 634 (Wesson) would have applied the compulsory education law
to a child, and the parents and guardian of a child, between the
ages of five and six who is enrolled in a public school
kindergarten and attends the kindergarten for at least 30 days
during the school year. The bill was vetoed by Governor Gray
Davis.
SB 893 (Lee), would have lowered the age of compulsory education
from age 6 to age 5. The bill failed in the Senate Education
Committee in 1997.
REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Teachers (sponsor)
Opposition
Independent Private Schools of California
Private School Advocacy Center
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Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087