Amended in Assembly June 18, 2014

Amended in Senate May 28, 2014

Amended in Senate April 22, 2014

Amended in Senate April 2, 2014

Senate Bill No. 837

Introduced by begin delete Senators Steinberg, Beall, Block, De León, DeSaulnier, Hancock, Hill, Lara, Leno, Liu, and Wolk end delete begin insert Senator Steinberg end insert

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(Coauthor: Assembly Member Bonta)

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January 6, 2014

An act begin delete to amend Sections 8236, 14022.3, 41303, and 52060 of, and to add Article 22 (commencing with Section 8460) to Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, relating to prekindergarten. end delete begin insert relating to early childhood education end insert begin insert . end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 837, as amended, Steinberg. begin delete Prekindergarten. end delete begin insert Early childhood education: professional developmen end insert begin insert t. end insert

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Existing law authorizes a school district or charter school to maintain a transitional kindergarten program and defines transitional kindergarten as the first year of a 2-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. Existing law requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law requires those programs to include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year-old children.

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Of the moneys appropriated in the 2014 Annual Budget Act, this bill would allocate certain of those moneys for purposes of professional development for teachers in transitional kindergarten and teachers in the California state preschool programs, as provided. The bill would require the State Department of Education to consult with various entities, including the California Community Colleges, for purposes of administering the above provisions.

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(1) Existing law, the Child Care and Development Services Act, requires, among other things, the Superintendent of Public Instruction to administer all California state preschool programs and provides that 3- and 4-year-old children are eligible for the part-day California state preschool program if the family meets specified criteria. Existing law requires each applicant or contracting agency of a California state preschool program to give first priority to 3- or 4-year-old neglected or abused children, as provided, with 2nd priority required to go to eligible 4-year-old children before enrolling eligible 3-year-old children.

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This bill would instead give 2nd priority to 4-year-old children who are not enrolled in the state-funded prekindergarten program created by this bill. The bill would require 4-year-old children enrolled in the state-funded prekindergarten program to be deemed eligible for supplemental education and care services through the California state preschool program if they meet certain eligibility requirements, as provided.

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This bill, commencing with the 2015-16 school year and notwithstanding any other provision of the Child Care and Development Services Act, would require each school district or charter school that offers kindergarten to provide prekindergarten, as specified. The bill would provide that a child who is eligible for free or reduced-price meals and who will have his or her 4th birthday on or before September 1 of the applicable school year is authorized to attend prekindergarten. The bill would provide for a per child base grant for prekindergarten for apportionment purposes, as specified. The bill would require prekindergarten to be taught by prekindergarten teachers and paraprofessionals who meet certain requirements, and would require prekindergarten to include specified preschool elements. The bill, on or before July 1, 2015, would require each county superintendent of schools to conduct a review of the level of access to kindergarten, prekindergarten, state preschool, and federal Head Start provided to eligible children within the county, as specified. By requiring school districts and charter schools that offer kindergarten to offer prekindergarten, and requiring county superintendents of schools to each conduct a review, the bill would impose a state-mandated local program.

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(2) Existing law, on or before July 1, 2014, requires the governing board of each school district to adopt a local control and accountability plan and requires the governing board of each school district to update its local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. Existing law requires a charter school petition to contain, among other things, a reasonably comprehensive description of annual goals to be achieved in each applicable state priority, as specified, for all pupils and certain subgroups of pupils, and specific annual actions to achieve those goals. Existing law requires a charter school to annually update the goals and annual actions to achieve those goals, as specified. Existing law includes as one of the state priorities the extent to which pupils have access to, and are enrolled in, a broad course of study that includes certain subject areas.

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This bill would add as a state priority the extent to which children have access to, and are enrolled in, quality preschool opportunities in the year before kindergarten, either through the prekindergarten program described above or other preschool programs. By requiring the governing board of each school district to include additional information in the local control and accountability plan, and requiring each charter school to include additional information in its annual goals, the bill would impose a state-mandated local program.

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(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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert begin insert

(a) Of the moneys appropriated in Item
6110-196-0001 of the Budget Act of 2014, the sum of fifteen million
dollars ($15,000,000) shall be allocated to the department to be
used to fund professional development for teachers. The funds
shall be allocated as follows:

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(1) (A) First priority shall be for professional development for
transitional kindergarten teachers.

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(B) For purposes of this paragraph, professional development
shall include, but shall not be limited to, all of the following:

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(i) Stipends for teachers to complete at least 24 units in early
childhood education or childhood development, or a combination
of both, pursuant to paragraph (1) of subdivision (g) of Section
48000.

end insert begin insert

(ii) Strengthening teacher knowledge of the California Preschool
Learning Foundations, as developed by the department.

end insert begin insert

(2) Second priority shall be for professional development for
teachers in the California state preschool program, pursuant to
Article 7 (commencing with Section 8235) of Chapter 2 of Part 6
of Division 1 of Title 1.

end insert begin insert

(b) Of the moneys appropriated in Item 6110-196-0001 of the
Budget Act of 2014, the sum of ten million dollars ($10,000,000)
shall be allocated to the department to be used for other
professional development projects, not described in subdivision
(a), for transitional kindergarten and California state preschool
program teachers, as determined by the department.

end insert begin insert

(c) The department shall consult with the California Community
Colleges, the California Children and Families Commission, school
administrators, and teachers in administering this section.

end insert

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SECTION 1.  

Section 8236 of the Education Code is amended
to read:

8236.  

(a) (1) Each applicant or contracting agency funded
pursuant to Section 8235 shall give first priority to three- or
four-year-old neglected or abused children who are recipients of
child protective services, or who are at risk of being neglected,
abused, or exploited upon written referral from a legal, medical,
or social service agency. If an agency is unable to enroll a child
in this first priority category, the agency shall refer the child’s
parent or guardian to local resource and referral services so that
services for the child can be located.

(2) Notwithstanding Section 8263, after children in the first
priority category set forth in paragraph (1) are enrolled, each
agency funded pursuant to Section 8235 shall give priority to
eligible four-year-old children who are not enrolled in a
state-funded prekindergarten program pursuant to Article 22
(commencing with Section 8460) before enrolling eligible
three-year-old children. Each agency shall certify to the
Superintendent that enrollment priority is being given to eligible
four-year-old children.

(3) Four-year-old children enrolled in a state-funded
prekindergarten program pursuant to Article 22 (commencing with
Section 8460) shall be deemed eligible for supplemental education
and care services through this article if they are also eligible for
free and reduced-price lunch, Cal-Fresh or Medi-Cal programs,
or if their family’s adjusted monthly income is at or below 70
percent of the state median income, adjusted for family size, and
adjusted annually.

(b) In an application for the award of new funding for the
expansion of a California state preschool program that is
appropriated by the Legislature for that purpose in any fiscal year,
an agency shall furnish the Superintendent with an estimate of the
number of four-year-old and three-year-old children that it plans
to serve in the following fiscal year with those expansion funds.
The agency also shall furnish documentation that indicates the
basis of those estimates.

(c) This section does not preclude a local educational agency
from subcontracting with an appropriate public or private agency
to operate a California state preschool program and to apply for
funds made available for purposes of this section. If a school
district chooses not to operate or subcontract for a California state
preschool program, the Superintendent shall work with the county
office of education and other eligible agencies to explore possible
opportunities in contracting or alternative subcontracting to provide
a California state preschool program.

(d) This section does not prevent eligible children who are
receiving services from continuing to receive those services in
future years pursuant to this chapter.

SEC. 2.  

Article 22 (commencing with Section 8460) is added to
Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code,
to read:

 

Article 22.  Prekindergarten

 

8460.  

The California Prekindergarten Program 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.

(4) English language development for non-English speakers.

(b) Provide an environment that is appropriate for the age,
development, and linguistic abilities of the eligible children.

(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.

8461.  

(a) (1) Notwithstanding any other provision of this
chapter, and unless a school district or charter school proceeds
under paragraph (2), from the 2015-16 to the 2018-19 school year,
inclusive, a school district or charter school that offers kindergarten
shall provide prekindergarten to at least the same number of
children who satisfy the requirements of Section 8462 as the
number of pupils that were enrolled in transitional kindergarten
offered by the school district or charter school in the 2014-15
school year.

(2) From the 2015-16 to the 2018-19 school year, inclusive, a
school district or charter school that offers kindergarten may
provide prekindergarten to all children who satisfy the requirements
of Section 8462.

(b) Commencing with the 2019-20 school year, a school district
or charter school that offers kindergarten shall provide
prekindergarten to all children who satisfy the requirements of
Section 8462.

8461.5.  

(a) On or before July 1, 2015, each county
superintendent of schools shall conduct a review of the level of
access to kindergarten, prekindergarten, state preschool, and federal
Head Start provided to eligible children within the county. The
county superintendent of schools shall post the results of the review
on its Internet Web site.

(b) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

8462.  

A child shall be eligible to attend prekindergarten if both
of the following are met:

(a) The child is eligible for free or reduced-price meals, as
described in subdivision (a) of Section 42238.01.

(b) The child is not eligible to enroll in a kindergarten school
and, commencing with the 2015-16 school year, will have his or
her fourth birthday on or before September 1 of the applicable
school year.

8463.  

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

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

8464.  

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

(a) Use of those California Preschool Learning Foundations
developed by the department that are determined based on research
to be age and developmentally appropriate.

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

8465.  

(a) (1) All prekindergarten 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 multiple subject credential with an authorization to teach
prekindergarten to grade 12, inclusive, in a self-contained
classroom.

(B) An elementary credential.

(C) A single subject credential in home economics.

(2) A teacher qualifying under 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, 2021.

(b) On or before July 1, 2021, all prekindergarten classes shall
be taught by a teacher who holds a bachelor degree and has earned
at least 24 units in early childhood education, or child development,
or a combination of both, and a teaching credential.

(c) (1) On or before July 1, 2021, all prekindergarten
paraprofessionals shall have a teacher permit issued by the
Commission on Teacher Credentialing and at least 24 units in early
childhood education, or child development, or a combination of
both.

(2) Paraprofessionals who were assigned to a transitional
kindergarten classroom before July 1, 2015, shall be deemed to
have met the requirements of paragraph (1).

(d) All prekindergarten paraprofessionals shall be considered
classified employees, except for child development personnel who
are part of a certificated bargaining unit on July 1, 2014.

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

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

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

(f) (1) Prekindergarten classes of 20 or fewer children shall be
staffed, at minimum, by one prekindergarten teacher and one
prekindergarten paraprofessional.

(2) Prekindergarten classes of 21 or more children shall be
staffed, at minimum, by one prekindergarten teacher and two
prekindergarten paraprofessionals.

(3) Commencing with the 2019-20 school year, prekindergarten
classes shall not exceed 24 children.

8466.  

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 prekindergarten teachers and
paraprofessionals, and the administrators who supervise them, that
recommends the steps necessary to provide adequate opportunities
and resources for existing and prospective early childhood
educators to obtain the necessary qualifications on or before July
1, 2021.

8467.  

(a) Prekindergarten offered by a school district or charter
school shall be eligible for school facilities funding.

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

(c) When implementing prekindergarten pursuant to this article,
a school district, to the greatest extent practicable, shall prioritize
establishing prekindergarten classrooms at schoolsites that enroll
pupils eligible for free and reduced-price meals, as described in
subdivision (a) of Section 42238.01, in proportions higher than
the districtwide average enrollment of pupils eligible for free and
reduced-price meals before establishing prekindergarten classrooms
at schoolsites that enroll those pupils in proportions lower than the
districtwide average enrollment of those pupils.

(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 facilities for prekindergarten.

8468.  

A school district or charter school offering
prekindergarten shall receive a per child base grant per unit of
average daily attendance, as computed pursuant to Section 46300,
equal to the annual per pupil base grant provided for in
subparagraph (A) of paragraph (1) of subdivision (d) of Section
42238.02, as adjusted pursuant to paragraph (2) of subdivision (d)
of Section 42238.02, plus an additional adjustment of 10.4 percent,
a supplemental grant add-on, as computed pursuant to subdivision
(e) of Section 42238.02, and a concentration grant add-on, as
computed pursuant to subdivision (f) of Section 42238.02.

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 prekindergarten, 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 41303 of the Education Code is amended to
read:

41303.  

The Superintendent shall report to the Controller, on
or before the 20th day of October of each year, the total average
daily attendance during the preceding fiscal year credited to all
prekindergarten, kindergarten, including average daily attendance
for transitional kindergarten, elementary, high school, and adult
schools in the state and to county school tuition funds.

SEC. 5.  

Section 52060 of the Education Code is amended to
read:

52060.  

(a) On or before July 1, 2014, the governing board of
each school district shall adopt a local control and accountability
plan using a template adopted by the state board.

(b) A local control and accountability plan adopted by the
governing board of a school district shall be effective for a period
of three years, and shall be updated on or before July 1 of each
year.

(c) A local control and accountability plan adopted by the
governing board of a school district shall include, for the school
district and each school within the school district, both of the
following:

(1) A description of the annual goals, for all pupils and each
subgroup of pupils identified pursuant to Section 52052, to be
achieved for each of the state priorities identified in subdivision
(d) and for any additional local priorities identified by the
governing board of the school district. For purposes of this article,
a subgroup of pupils identified pursuant to Section 52052 shall be
a numerically significant pupil subgroup as specified in paragraphs
(2) and (3) of subdivision (a) of Section 52052.

(2) A description of the specific actions the school district will
take during each year of the local control and accountability plan
to achieve the goals identified in paragraph (1), including the
enumeration of any specific actions necessary for that year to
correct any deficiencies in regard to the state priorities listed in
paragraph (1) of subdivision (d). The specific actions shall not
supersede the provisions of existing local collective bargaining
agreements within the jurisdiction of the school district.

(d) All of the following are state priorities:

(1) The degree to which the teachers of the school district are
appropriately assigned in accordance with Section 44258.9, and
fully credentialed in the subject areas, and, for the pupils they are
teaching, every pupil in the school district has sufficient access to
the standards-aligned instructional materials as determined pursuant
to Section 60119, and school facilities are maintained in good
repair as specified in subdivision (d) of Section 17002.

(2) Implementation of the academic content and performance
standards adopted by the state board, including how the programs
and services will enable English learners to access the common
core academic content standards adopted pursuant to Section
60605.8 and the English language development standards adopted
pursuant to Section 60811.3, as that section read on June 30, 2013,
for purposes of gaining academic content knowledge and English
language proficiency.

(3) Parental involvement, including efforts the school district
makes to seek parent input in making decisions for the school
district and each individual schoolsite, and including how the
school district will promote parental participation in programs for
unduplicated pupils and individuals with exceptional needs.

(4) Pupil achievement, as measured by all of the following, as
applicable:

(A) Statewide assessments administered pursuant to Article 4
(commencing with Section 60640) of Chapter 5 of Part 33 or any
subsequent assessment, as certified by the state board.

(B) The Academic Performance Index, as described in Section
52052.

(C) The percentage of pupils who have successfully completed
courses that satisfy the requirements for entrance to the University
of California and the California State University, or career technical
education sequences or programs of study that align with state
board-approved career technical educational standards and
frameworks, including, but not limited to, those described in
subdivision (a) of Section 52302, subdivision (a) of Section
52372.5, or paragraph (2) of subdivision (e) of Section 54692.

(D) The percentage of English learner pupils who make progress
toward English proficiency as measured by the California English
Language Development Test or any subsequent assessment of
English proficiency, as certified by the state board.

(E) The English learner reclassification rate.

(F) The percentage of pupils who have passed an advanced
placement examination with a score of three or higher.

(G) The percentage of pupils who participate in, and demonstrate
college preparedness pursuant to, the Early Assessment Program,
as described in Chapter 6 (commencing with Section 99300) of
Part 65 of Division 14 of Title 3, or any subsequent assessment of
college preparedness.

(5) Pupil engagement, as measured by all of the following, as
applicable:

(A) School attendance rates.

(B) Chronic absenteeism rates.

(C) Middle school dropout rates, as described in paragraph (3)
of subdivision (a) of Section 52052.1.

(D) High school dropout rates.

(E) High school graduation rates.

(6) School climate, as measured by all of the following, as
applicable:

(A) Pupil suspension rates.

(B) Pupil expulsion rates.

(C) Other local measures, including surveys of pupils, parents,
and teachers on the sense of safety and school connectedness.

(7) The extent to which pupils have access to, and are enrolled
in, a broad course of study that includes all of the subject areas
described in Section 51210 and subdivisions (a) to (i), inclusive,
of Section 51220, as applicable, including the programs and
services developed and provided to unduplicated pupils and
individuals with exceptional needs, and the program and services
that are provided to benefit these pupils as a result of the funding
received pursuant to Section 42238.02, as implemented by Section
42238.03.

(8) The extent to which children have access to, and are enrolled
in, quality preschool opportunities in the year before kindergarten,
either through a prekindergarten program established pursuant to
Article 22 (commencing with Section 8460) of Chapter 2 of Part
6 of Division 1 of Title 1 or other preschool programs.

(9) Pupil outcomes, if available, in the subject areas described
in Section 51210 and subdivisions (a) to (i), inclusive, of Section
51220, as applicable.

(e) For purposes of the descriptions required by subdivision (c),
the governing board of a school district may consider qualitative
information, including, but not limited to, findings that result from
school quality reviews conducted pursuant to subparagraph (J) of
paragraph (4) of subdivision (a) of Section 52052 or any other
reviews.

(f) To the extent practicable, data reported in a local control and
accountability plan shall be reported in a manner consistent with
how information is reported on a school accountability report card.

(g) The governing board of a school district shall consult with
teachers, principals, administrators, other school personnel, local
bargaining units of the school district, parents, and pupils in
developing a local control and accountability plan.

(h) A school district may identify local priorities, goals in regard
to the local priorities, and the method for measuring the school
district’s progress toward achieving those goals.

SEC. 6.  

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.

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