Amended in Senate April 22, 2014

Amended in Senate April 2, 2014

Senate Bill No. 837

Introduced by Senators Steinberg, Beall, Block, De León, DeSaulnier, Hancock, Hill, Lara, Leno, Liu, and Wolk

(Coauthor: Assembly Member Bonta)

January 6, 2014

An act to amend Sections 14022.3, 46300, 48000, and 60200 of, and to add Article 1.5 (commencing with Section 48005) to Chapter 1 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to transitional kindergarten.

LEGISLATIVE COUNSEL’S DIGEST

SB 837, as amended, Steinberg. Schools: transitional kindergarten.

Existing law authorizes a school district or charter school to maintain a transitional kindergarten program, and, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, requires the school district or charter school to comply with specified minimum age requirements for pupils participating in the transitional kindergarten program. Existing law also specifies that a transitional kindergarten program shall not be construed as a new program or higher level of service.

This bill, the Kindergarten Readiness Act of 2014, would instead require each school district or charter school that offers kindergarten to offer transitional kindergarten, and would require a child that meets specified minimum age requirements to be admitted to transitional kindergarten. The bill would authorize the average daily attendance of a school district and charter school to include the average daily attendance of pupils enrolled in transitional kindergarten and would require transitional kindergarten to receive a per pupil base grant for apportionment purposes, as specified. The bill would require transitional kindergarten to be taught by teachers and paraprofessionals who meet certain requirements, and would require transitional kindergarten to include specified elements that promote integration and alignment with the early learning and child care system and the elementary education system. The bill would require a school district or charter school offering transitional kindergarten to provide public notice of the availability of transitional kindergarten and to administer transitional kindergarten, as specified. The bill would authorize a school district or charter school administering transitional kindergarten to contract with a public local agency or private local provider, or both, to participate in the delivery of transitional kindergarten. The bill would require a private local provider participating in the delivery of transitional kindergarten to be considered a public school employer, as defined, for certain purposes. The bill would require the State Board of Education to adopt basic instructional materials for use in transitional kindergarten commencing with the 2015-16 school year, as specified. By requiring school districts and charter schools that offer kindergarten to offer transitional kindergarten, the bill would impose a state-mandated local program.

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.  

This act shall be known, and may be cited, as the Kindergarten Readiness Act of 2014.

SEC. 2.  

(a) The Legislature finds and declares all of the
following:

(1) Recent reforms such as implementation of the common core
state standards and the local control funding formula establish
increased quality and greater equity in California’s public education
system.

(2) However, these reforms do not address the reality that an
achievement gap among children is present well before children
first step through the kindergarten classroom door.

(3) Recent research shows that by two years of age, low-income
children are six months behind in language development relative
to their higher income peers, and that by five years of age,
low-income children are more than two years behind their higher
income peers in language development.

(4) Research also shows that California children with the largest
gaps in school readiness and achievement are the least likely to
participate in any preschool and the least likely to attend
high-quality preschool programs.

(5) In 2012, only begin delete half end delete begin insert one-half end insert of California’s low-income
preschool-age children had access to existing state preschool
programs or federal Head Start programs, and only one-quarter of
all children were provided with transitional kindergarten.

(6) Children who do not read proficiently by the end of third
grade are four times less likely to graduate from high school on
time.

(7) Only 48 percent of California’s third graders tests proficient
or better in English language arts in 2012.

(8) Nationally, more than 100 studies have shown that
high-quality preschool significantly improves a child’s school
readiness and school performance.

(9) Numerous longitudinal studies have shown that high-quality
prekindergarten programs decrease grade retention and special
education placements and increase high school graduation rates,
college enrollment rates, and earnings in adulthood. High-quality
prekindergarten programs also decrease taxpayer costs for criminal
justice and welfare.

(10) If California were to invest in high-quality prekindergarten
programs, the savings in the prison system alone are estimated to
reach $1.1 billion per year due to reducing the prison population
by 13,000 prisoners.

(b) It is the intent of the Legislature to strategically use state
and federal funds to provide a stable, comprehensive, and
adequately funded early learning and educational support system
for children from birth to five years of age that promotes access
to safe, high-quality, part-day and full-day services that support
the development of the whole child, especially for the children
who need it most, and that includes, but is not limited to, all of the
following:

(1) Support for positive parent-child relationships and responsive
caregiving.

(2) Promotion of language rich environments, including at home.

(3) Developmentally appropriate curriculum with differentiated
instruction.

(4) Knowledgeable, caring, and well-trained educators, staff,
and providers.

(5) Program activities and services that are age-appropriate and
meet the developmental needs of each child, including special
needs children.

(6) Promotion of healthy practices and activities.

(7) An educationally enriched environment that respects and
supports cultural, linguistic, and ability diversity.

(8) A physical environment that is safe and appropriate to the
ages and developmental needs of the children served.

(9) Provision for the nutritional needs and physical activity of
children.

(10) Access for low-income infants, toddlers, and preschoolers
to high-quality early learning and care.

(11) Access for all four-year-old children to a voluntary,
high-quality transitional kindergarten program one year before
enrolling in kindergarten.

(12) Support services for children and families that include
referral of children to appropriate agencies including, but not
limited to, any of the following:

(A) Health care services.

(B) Social services that include, but are not limited to, child
abuse prevention, identification of child and family needs, and
referral to appropriate agencies.

(C) Early childhood mental health services that include, but are
not limited to, primary prevention, crisis intervention, assessments,
and referrals.

(D) Family support services, parenting education, and family
and community engagement.

(E) Counseling, including, but not limited to, family counseling.

(F) Nutrition services.

(13) Interagency coordination and collaboration among the
agencies responsible for the provision of support services to
children and their families.

(c) It is further the intent of the Legislature to ensure that the
expansion of transitional kindergarten does not adversely impact
access to early care and education opportunities for infants and
toddlers.

SEC. 3.  

Section 14022.3 of the Education Code is amended to
read:

14022.3.  

(a) For purposes of calculating “increases in
enrollment” pursuant to paragraph (2) or (3) of subdivision (b) of
Section 8 of Article XVI of the California Constitution, the term
“enrollment” for school districts, community college districts, and
state agencies providing direct elementary and secondary level
instructional services means the sum of the following:

(1) Second principal apportionment regular average daily
attendance for transitional kindergarten, kindergarten, and grades
1 to 12, inclusive, as defined in subdivision (b) of Section 42238.5,
and as adjusted for any average daily attendance audit findings.

(2) Annual average daily attendance for county offices of
education, as calculated pursuant to subdivision (c) of Section
41601, and as adjusted for any average daily attendance audit
findings.

(b) Any determination or computation of enrollment for purposes
of this section shall be based upon actual data from prior years.
For the next succeeding year, any determination or computation
of enrollment for purposes of this section shall be the estimated
enrollment, adjusted as actual data become available.

SEC. 4.  

Section 46300 of the Education Code is amended to
read:

46300.  

(a) In computing average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities
required of those pupils and under the immediate supervision and
control of an employee of the school district or county office of
education who possesses a valid certification document, registered
as required by law.

(b) (1) For purposes of a work experience education program
in a secondary school that meets the standards of the California
State Plan for Career Technical Education, “immediate
supervision,” in the context of off-campus work training stations,
means pupil participation in on-the-job training as outlined under
a training agreement, coordinated by the school district under a
state-approved plan, wherein the employer and certificated school
personnel share the responsibility for on-the-job supervision.

(2) The pupil-teacher ratio in a work experience program shall
not exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant
to Article 3 (commencing with Section 33050) of Chapter 1 of
Part 20 of Division 2 under criteria developed by the state board.

(3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day,
and shall be a full-time pupil enrolled in regular classes that meet
the requirements of Section 46141 or 46144.

(c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, “immediate supervision” means that the person to
whom the pupil is required to report for training, counseling,
tutoring, or other prescribed activity shares the responsibility for
the supervision of the pupils in the rehabilitative activities with
certificated personnel of the school district.

(2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.

(d) (1) For purposes of computing the average daily attendance
of pupils engaged in the educational activities required of high
school pupils who are also enrolled in a regional occupational
center or regional occupational program, the school district shall
receive proportional average daily attendance credit for those
educational activities that are less than the minimum schoolday,
pursuant to regulations adopted by the state board; however, none
of that attendance shall be counted for purposes of computing
attendance pursuant to Section 52324.

(2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.

(3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant
to Section 52316, the divisor is 180.

(4) Notwithstanding any other law, travel time of pupils to attend
a regional occupational center or regional occupational program
shall not be used in any manner in the computation of average
daily attendance.

(e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article
5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for
five or more consecutive schooldays.

(2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.

(f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
“immediate supervision” means pupil participation in paid and
unpaid on-the-job experiences, as outlined under a training
agreement and individualized training plans wherein the supervisor
of the training site and certificated school personnel share the
responsibility for the supervision of on-the-job experiences.

(g) (1) In computing the average daily attendance of a school
district or charter school, there shall be included the attendance of
a pupil in kindergarten after he or she has completed one school
year in kindergarten or a pupil in a transitional kindergarten
program after he or she has completed one year in that program if
either of the following conditions is met:

(A) The school district or charter school has on file for each
kindergarten pupil an agreement made pursuant to Section 48011,
approved in form and content by the department and signed by the
pupil’s parent or guardian, that the pupil may continue in
kindergarten for not more than one additional school year.

(B) The pupil participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.

(2) A school district or charter school may not include for
apportionment purposes the attendance of any pupil for more than
two years in kindergarten.

(3) For purposes of transitional kindergarten operated by a
private local provider pursuant to paragraph (2) of subdivision (a)
of Section 48005.15, “immediate supervision” means begin delete being end delete begin insert a pupil
who is end insert under the immediate supervision of an employee of the
private local provider who satisfies the requirements of Section
48005.30.

SEC. 5.  

Section 48000 of the Education Code is amended to
read:

48000.  

(a) A child shall be admitted to a kindergarten
administered by the school district or charter school at the
beginning of a school year, or at a later time in the same year, if
the child will have his or her fifth 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) A child shall be admitted to a transitional kindergarten
administered by the school district or charter school at the
beginning of a school year, or at a later time in the same year, if
the child will have his or her fifth birthday between the following
dates:

(1) September 2, 2014, to December 2, 2014, inclusive, for the
2014-15 school year.

(2) September 2, 2015, to February 1, 2016, inclusive, for the
2015-16 school year.

(3) September 2, 2016, to April 1, 2017, inclusive, for the
2016-17 school year.

(4) September 2, 2017, to June 1, 2018, inclusive, for the
2017-18 school year.

(5) September 2, 2018, to August 2, 2019, inclusive, for the
2018-19 school year.

(c) A child shall be admitted to a transitional kindergarten
administered by the school district or charter school at the
beginning of a school year, or at a later time in the same year, if
the child will have his or her fourth birthday on or before
September 1 of the 2019-20 school year and each school year
thereafter.

(d) The governing board of a school district or the governing
body of a charter school administering 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 of the school district or the governing
body of the charter school 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.

(e) For purposes of this section, “transitional kindergarten”
means a school-year long kindergarten readiness grade level that
is age and developmentally appropriate for a child who will be
four years old on or before September 1 of the year in which he
or she enrolls in transitional kindergarten.

SEC. 6.  

Article 1.5 (commencing with Section 48005) is added
to Chapter 1 of Part 27 of Division 4 of Title 2 of the Education
Code, to read:

 

Article 1.5.  Kindergarten Readiness Act of 2014

 

48005.  

 Transitional kindergarten is hereby established to do
all of the following:

(a) Support all children in developing the skills needed to build
a strong foundation for success in school and life. These skills
shall be based on developmental domains outlined in the California
Preschool Learning Foundations developed by the department,
and shall include, but not be limited to, all of the following:

(1) Cognitive skills such as language, early literacy, and
numeracy.

(2) Social-emotional skills such as perseverance, self-control,
self-esteem, motivation, and conscientiousness.

(3) Physical skills such as gross and fine motor development,
and healthy eating habits.

(b) Be age and developmentally appropriate.

(c) Build on high-quality early learning and child care programs,
including federal Head Start programs, to sustain and support the
cognitive, social-emotional, and physical development that children
achieve while attending prekindergarten programs.

48005.05.  

(a) A school district or charter school that offers
kindergarten shall make transitional kindergarten available to all
eligible children and shall allow, to the greatest extent possible, a
parent of an eligible child to choose the transitional kindergarten
that the eligible child attends.

(b) On or before July 1, 2015, each county superintendent of
schools shall conduct a review of the level of access to transitional
kindergarten, state preschool, and federal Head Start provided to
eligible children within the county. The review shall include, but
begin delete is end delete not begin insert be end insert limited to, a description of the plans of the school districts
and charter schools in the county that offer kindergarten to make
transitional kindergarten available to all eligible children by the
2019-20 school year. The county superintendent of schools shall
post the results of the review on its Internet Web site.

(c) To encourage the efficient use of existing facilities,
transitional kindergarten may be operated using available classroom
space at a public schoolsite meeting kindergarten classroom
requirements, or at any public or private facility that has a child
care license for age-eligible children, as defined in Division 12 of
Title 22 of the California Code of Regulations.

48005.10.  

(a) Federal funding for preschool programs, and
state funding annually appropriated in the Budget Act for the
support of state preschool programs, shall be used to provide
services for eligible three-, four-, and five-year-old children,
including, but not limited to, augmenting transitional kindergarten
to provide full-day, full-year learning and child care services for
participants.

(b) Transitional kindergarten funds shall supplement, and not
supplant, federal and state funding for existing child care and
development programs.

48005.15.  

(a) A school district or charter school administering
transitional kindergarten shall do both of the following:

(1) Provide public notice of the availability of transitional
kindergarten using a variety of strategies to reach and inform
families living in areas of poverty or high linguistic diversity,
including, but not limited to, providing information through
schoolsite councils, school advisory groups, community
organizations, and parent meetings.

(2) Administer the program for participating children. A school
district or charter school administering transitional kindergarten
may contract with a public local agency, including, but not limited
to, a county office of education, or a private local provider, or both,
to participate in the delivery of transitional kindergarten consistent
with the statutory requirements of transitional kindergarten.

(b) (1) It is the intent of the Legislature that a school district or
charter school administering transitional kindergarten provide
high-quality professional learning to the staff of the school district,
charter school, public local agency, or private local provider
providing transitional kindergarten that is aligned to transitional
kindergarten standards adopted by the state board and designed to
improve child learning and development. It is further the intent of
the Legislature that professional learning for transitional
kindergarten teachers and paraprofessionals supports both of the
following:

(A) Teacher-child interactions that promote child engagement
and learning.

(B) The use of child-level and class-level data to inform
instructional strategies.

(2) Professional learning for transitional kindergarten teachers
and paraprofessionals shall be aligned with the professional
learning provided to teachers and administrative staff in
kindergarten and grades 1 to 3, inclusive, and professional learning
provided to preschool teachers and staff that may include, but is
not limited to, the California Early Childhood begin delete Education end delete begin insert Educator end insert
Competencies developed by the department.

48005.20.  

Transitional kindergarten shall include all of the
following elements to promote integration and alignment with the
early learning and child care system and the elementary education
system:

(a) Until statewide transitional kindergarten standards are
adopted, use of the research-based age and developmentally
appropriate California Preschool Learning Foundations developed
by the department.

(b) Use and implementation of curriculum frameworks,
instructional materials, and developmental assessment tools that
are aligned with the California Preschool Learning Foundations.

(c) Inclusion in the single school plan for pupil achievement
and the local control and accountability plan.

(d) Participation in the California Longitudinal Pupil
Achievement Data System and the California School Information
Services.

(e) Coordination with other providers of services to young
children, including, but not limited to, providers of health
insurance, health services, including mental and behavioral health,
developmental screening and assessment, parent literacy and
education, and social services, especially through systems of care
provided by First 5 California programs, preschool, and school
health services and clinics.

(f) Coordination of services with full-day, full-year early
learning and child care programs.

48005.25.  

(a) On or before July 31, 2016, the Superintendent
shall develop, as necessary, the regulations needed to implement
this article and transitional kindergarten for adoption by the state
board. The regulations shall incorporate existing regulations and
guidelines, as appropriate. The state board may adopt emergency
regulations for purposes of this subdivision, and the adoption of
emergency regulations by the state board pursuant to this
subdivision shall be deemed necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.

(b) On or before January 30, 2016, the begin delete Superintendent end delete
begin insert Instructional Quality Commission end insert shall develop, and the state
board shall adopt, transitional kindergarten standards that include,
but are not limited to, the nine developmental domains that are
included in the California Preschool Learning Foundations
developed by the department.

(c) After adopting the transitional kindergarten standards
pursuant to subdivision (b), the begin delete state board end delete begin insert Instructional Quality
Commission end insert shall review the curriculum frameworks in English
language arts, including English language development,
mathematics, science, and history-social science for conformity
with the transitional kindergarten standards. On or before January
30, 2017, the begin delete state board end delete begin insert Instructional Quality Commission end insert shall
modify the curriculum frameworks, if appropriate, to align them
with the transitional kindergarten standards and ensure that the
transitional kindergarten standards are integrated into the
curriculum frameworks.

(d) During the next revision of the appropriate subject matter
curriculum frameworks for subject areas not described in
subdivision (c), the begin delete state board end delete begin insert Instructional Quality Commission end insert
shall modify those subject matter curriculum frameworks, if
appropriate, to align them with the transitional kindergarten
standards and ensure that the transitional kindergarten standards
are integrated into the subject matter curriculum frameworks.

(e) Notwithstanding Section 60200, the state board may adopt
instructional materials aligned with the transitional kindergarten
standards in English language arts, including English language
development, mathematics, science, and history-social science on
or before September 30, 2017.

(f) On or before January 31, 2017, the state board shall revise
the local control and accountability plan template, adopted pursuant
to Section 52064, to include any changes necessary to reflect the
provision of high-quality transitional kindergarten to all eligible
children.

48005.30.  

(a) (1) On or before July 1, 2015, all transitional
kindergarten classes shall be taught by a teacher who possesses a
permit or credential issued by the Commission on Teacher
Credentialing, including, but not limited to, one of the following:

(A) A teacher permit, or higher, authorizing service in the care,
development, and instruction of children in child care development
programs. Teachers qualifying pursuant to this paragraph shall
have a professional learning plan that provides for a baccalaureate
degree with at least 24 units in early childhood education, or child
development, or a combination of both, and a multiple subject
credential, pursuant to subparagraph (B), on or before July 1, 2019.

(B) A multiple subject credential with an authorization to teach
prekindergarten to grade 12, inclusive, in a self-contained
classroom.

(C) An elementary credential.

(D) A single subject credential in home economics.

(2) A teacher qualifying under subparagraphs (B) to (D),
inclusive, of paragraph (1) shall have a professional learning plan
that provides for at least 24 units in early childhood education, or
child development, or a combination of both, on or before July 1,
2019.

(b) On or before July 1, 2019, all transitional kindergarten
classes shall be taught by a teacher who holds a baccalaureate
degree with at least 24 units in early childhood education, or child
development, or a combination of both, and a teaching credential.

(c) On or before July 1, 2015, all transitional kindergarten
classes shall include a paraprofessional who possesses an assistant
permit, or higher, issued by the Commission on Teacher
Credentialing, authorizing service in the care, development, and
instruction of children in child care development programs.
Paraprofessionals qualifying pursuant to this paragraph shall have
a professional learning plan that provides for a teacher permit
issued by the Commission on Teacher Credentialing, on or before
July 1, 2019.

(d) On or before July 1, 2019, all transitional kindergarten
paraprofessionals shall have a teacher permit issued by the
Commission on Teacher Credentialing with at least 24 units in
early childhood education, or child development, or a combination
of both.

(e) All transitional kindergarten paraprofessionals shall be
considered classified employees, except for child development
personnel who are part of a certificated bargaining unit on January
1, 2015.

(f) (1) Commencing with the 2015-16 school year, for purposes
of compensation, including salary and benefits, transitional
kindergarten teachers and paraprofessionals be considered full-time
employees.

(2) The provisions of paragraph (1) shall not apply to a
collectively bargained agreement entered into on or before
December 30, 2014.

(3) Notwithstanding paragraph (1), if authorized by a
collectively bargained agreement, a school district or charter school
may use part-time transitional kindergarten teachers and part-time
transitional kindergarten paraprofessionals.

(g) Commencing with the 2015-16 school year, transitional
kindergarten shall be taught by at least one teacher and one
paraprofessional, and class size shall be limited to no more than
20 children.

48005.35.  

On or before July 1, 2015, the Commission on
Teacher Credentialing, in collaboration with the Superintendent,
the California Community Colleges, the California State
University, private postsecondary educational institutions, and the
University of California, if it chooses to participate, shall establish
a workforce development plan for transitional kindergarten teachers
and paraprofessionals, and the administrators who supervise them,
that recommends the steps necessary to provide adequate
opportunities for existing early childhood educators to obtain the
necessary qualifications on or before July 1, 2019.

48005.40.  

(a) Transitional kindergarten operated by a school
district or a charter school shall be eligible for school facilities
funding.

(b) Funds made available to public schools for joint use facilities
may be used for transitional kindergarten.

(c) Public local agencies or private local providers, or both,
participating in the delivery of transitional kindergarten are
encouraged to seek shared use agreements with a broad array of
public and private entities.

(d) It is the intent of the Legislature that any future statewide
public education facilities bond act placed before the voters include
bonds to provide aid to school districts and charter schools to
construct and modernize public school-based facilities for
transitional kindergarten.

48005.45.  

Commencing with the 2015-16 school year,
transitional kindergarten shall receive a per pupil base grant per
unit of average daily attendance equal to two-thirds of the annual
per pupil base grant provided for in subparagraph (A) of paragraph
(1) of subdivision (d) of Section 42238.02, as adjusted for inflation
pursuant to paragraph (2) of subdivision (d) of Section 42238.02,
plus an additional adjustment of 10.4 percent, and a supplemental
grant add-on, as computed pursuant to subdivision (e) of Section
42238.02.

48005.50.  

For purposes of establishing collective bargaining
rights for employees of a private local provider of transitional
kindergarten pursuant to the terms of an agreement with the
administering school district or charter school, as a condition of
the receipt of funds, the private local provider shall be considered
a public school employer, as defined in subdivision (k) of Section
3540.1 of the Government Code, and Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government
Code, shall apply to the private local provider.

48005.55.  

(a) A school district or charter school may contract
with a public local agency or a private local provider, or both, to
provide transitional kindergarten services to age-eligible children
if both of the following conditions are satisfied:

(1) The school district or charter school is responsible for
oversight and administration of the transitional kindergarten
program in the same manner as if the transitional kindergarten
program were located on a schoolsite of the school district or
charter school. The school district or charter school shall have
mechanisms and controls in place that ensure that the transitional
kindergarten program adheres to all requirements that apply to
transitional kindergarten begin delete students end delete begin insert children end insert including, but not
limited to, the requirements of this article.

(2) Transitional kindergarten services provided by a public local
agency or a private local provider shall be under the exclusive
management and control of the governing board of the school
district, or governing body of the charter school, that administers
the contract.

(b) For purposes of subdivision (g) of Section 46300, Section
48000, and this article, “private local provider” means a licensed
child care provider, business, city, county, or city and county that
satisfies the requirements for transitional kindergarten, including,
but not limited to, the requirements of this article.

(c) For purposes of subdivision (g) of Section 46300, Section
48000, and this article, “public facility” or “private facility” means
a public or private facility that either has a child care license for
age-eligible children, as defined in Division 12 of Title 22 of the
California Code of Regulations or is exempt from licensure, as
described in Section 101158 of Title 22 of the California Code of
Regulations.

SEC. 7.  

Section 60200 of the Education Code is amended to
read:

60200.  

The state board shall adopt basic instructional materials
for use in transitional kindergarten, kindergarten, and grades 1 to
8, inclusive, for governing boards, subject to the following
provisions:

(a) The state board shall adopt at least five basic instructional
materials for all applicable grade levels in each of the following
subject areas:

(1) Language arts, including, but not limited to, spelling, reading,
and English language development. The state board may not adopt
basic instructional materials in this subject area or the subject area
specified by paragraph (2) in the year succeeding the year in which
the state board adopts basic instructional materials in this subject
area for the same grade level.

(2) Mathematics. The state board may not adopt basic
instructional materials in this subject area or the subject area
specified by paragraph (1) in the year succeeding the year in which
the state board adopts basic instructional materials in this subject
area for the same grade level.

(3) Science.

(4) Social science.

(5) Bilingual or bicultural subjects.

(6) Any other subject, discipline, or interdisciplinary areas for
which the state board determines the adoption of instructional
materials to be necessary or desirable.

(b) The state board shall adopt procedures for the submission
of basic instructional materials in order to comply with each of
the following:

(1) Instructional materials may be submitted for adoption in any
of the subject areas pursuant to paragraphs (1) to (6), inclusive, of
subdivision (a) every eight years. The state board shall ensure that
curriculum frameworks are reviewed and adopted in each subject
area and that the criteria for evaluating instructional materials
developed pursuant to subdivision (b) of Section 60204 are
consistent with subdivision (c). The state board may prescribe
reasonable conditions to restrict the resubmission of materials that
have been previously rejected if those resubmitted materials have
no substantive changes.

(2) If a publisher or manufacturer submits revisions to currently
adopted instructional begin delete material end delete begin insert materials end insert for review after the
timeframe specified by the state board, the department shall assess
a fee on the submitting publisher or manufacturer in an amount
that shall not exceed the reasonable costs to the department to
conduct a review of the instructional begin delete material end delete begin insert materials end insert pursuant
to this section.

(3) Submitted instructional materials shall be adopted or rejected
within six months of the submission date of the materials pursuant
to paragraph (1) unless the state board determines that a longer
period of time, not to exceed an additional three months, is
necessary due to the estimated volume or complexity of the
materials for that subject in that year, or due to other circumstances
beyond the reasonable control of the state board.

(4) The process for review of instructional materials shall
involve review committees, which shall include, but not be limited
to, volunteer content experts and instructional material reviewers,
and shall be composed of a majority of classroom teachers from
a wide variety of affected grade levels and subject areas.

(5) The rules and procedures for adoption of instructional
materials shall be transparent and consistently applicable regardless
of the format of the instructional materials, which may include,
but not be limited to, print, digital, and open-source instructional
materials.

(c) In reviewing and adopting or recommending for adoption
submitted basic instructional materials, the state board shall use
the following criteria, and ensure that, in its judgment, the
submitted basic instructional materials meet all of the following
criteria:

(1) Are consistent with the criteria and the standards of quality
prescribed in the state board’s adopted curriculum framework. In
making this determination, the state board shall consider both the
framework and the submitted instructional materials as a whole.

(2) Comply with the requirements of Sections 60040, 60041,
60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state
board’s guidelines for social content.

(3) Are factually accurate and incorporate principles of
instruction reflective of current and confirmed research.

(4) Are aligned to the content standards adopted by the state
board in the subject area and the grade level or levels for which
they are submitted.

(5) Do not contain materials, including illustrations, that provide
unnecessary exposure to a commercial brand name, product, or
corporate or company logo. Materials, including illustrations, that
contain a commercial brand name, product, or corporate or
company logo may not be used unless the state board determines
that the use of the commercial brand name, product, or corporate
or company logo is appropriate based on one of the following
specific findings:

(A) If text, the use of the commercial brand name, product, or
corporate or company logo in the instructional materials is
necessary for an educational purpose, as defined in the guidelines
or frameworks adopted by the state board.

(B) If an illustration, the appearance of a commercial brand
name, product, or corporate or company logo in an illustration in
instructional materials is incidental to the general nature of the
illustration.

(6) Meet other criteria as are established by the state board as
being necessary to accomplish the intent of Section 7.5 of Article
IX of the California Constitution and of Section 1 of Chapter 1181
of the Statutes of 1989, provided that the criteria are approved by
resolution at the time the resolution adopting the framework for
the current adoption is approved, or at least 12 months before the
date that the materials are to be approved for adoption.

(d) If basic instructional materials are rejected, the state board
shall provide a specific, written explanation of the reasons why
the submitted materials were not adopted, based on one or more
of the criteria established under subdivision (c). In providing this
explanation, the state board may use, in whole or in part, materials
written by the Superintendent or any other advisers to the state
board.

(e) The state board may adopt fewer than five basic instructional
materials in each subject area for each grade level if either of the
following occurs:

(1) Fewer than five basic instructional materials are submitted.

(2) The state board specifically finds that fewer than five basic
instructional materials meet the criteria prescribed by paragraphs
(1) to (5), inclusive, of subdivision (c), or the materials fail to meet
the state board’s adopted curriculum framework. If the state board
adopts fewer than five basic instructional materials in any subject
for any grade level, the state board shall conduct a review of the
degree to which the criteria and procedures used to evaluate the
submitted materials for that adoption were consistent with the state
board’s adopted curriculum framework.

(f) This section does not limit the authority of the state board
to adopt materials that are not basic instructional materials.

(g) Consistent with the quality criteria for the state board’s
adopted curriculum framework, the state board shall prescribe
procedures to provide the most open and flexible materials
submission system and ensure that the adopted materials in each
subject, taken as a whole, provide for the educational needs of the
diverse pupil populations in the public schools, provide collections
of instructional materials that illustrate diverse points of view,
represent cultural pluralism, and provide a broad spectrum of
knowledge, information, and technology-based materials to meet
the goals of the program and the needs of pupils.

(h) Upon making an adoption, the state board shall make
available to listed publishers and manufacturers and all school
interests a listing of instructional materials, including the most
current unit cost of those materials as computed pursuant to existing
law. Items placed upon lists shall remain begin delete thereon, end delete begin insert on the lists, end insert and
be available for procurement through the state’s systems of
financing, from the date of the adoption of the item and until a
date established by the state board. The date established by the
state board for continuing items on that list shall be the date on
which the state board adopts instructional materials based on a
new or revised curriculum framework. Lists of adopted
instructional materials shall be made available by subject and grade
level to school districts and posted on the department’s Internet
Web site, and shall include information from the reports of findings
from the review committees pursuant to paragraph (4) of
subdivision (b). The lists shall terminate and shall no longer be
effective on the date prescribed by the state board pursuant to this
subdivision.

(i) The state board may approve multiple lists of instructional
materials, without designating a grade or subject, and the state
board may designate more than one grade or subject whenever it
determines that a single subject designation or a single grade
designation would not promote the maximum efficiency of pupil
learning. Any materials so designated may be placed on single
grade or single subject lists, or multigrade or interdisciplinary lists,
or may be placed on separate lists including other materials with
similar grade or subject designations.

(j) A composite listing in the format of an order form may be
used to meet the requirements of this section.

(k) The lists maintained pursuant to this section shall not be
deemed to control the use period by begin delete any end delete begin insert a end insert school district.

(l) The state board shall give publishers the opportunity to
modify instructional materials, in a manner provided for in
regulations adopted by the state board, if the state board finds that
the instructional materials do not comply with paragraph (5) of
subdivision (c).

(m) This section does not prohibit the publisher of instructional
materials from including whatever corporate name or logo on the
instructional materials that is necessary to provide basic
information about the publisher, to protect its copyright, or to
identify third-party sources of content.

(n) The state board may adopt regulations that provide for other
exceptions to this section, as determined by the state board.

(o) The Superintendent shall develop, and the state board shall
adopt, guidelines to implement this section.

SEC. 8.  

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.