BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 837 (Steinberg) - Kindergarten Readiness Act of 2014
          
          Amended: April 22, 2014         Policy Vote: Education
          Urgency: No                     Mandate: Yes
          Hearing Date: May 23, 2014      Consultant: Jacqueline  
          Wong-Hernandez
          
          SUSPENSE FILE. AS AMENDED.
          
          
          Bill Summary: SB 837 expands eligibility for transitional  
          kindergarten (TK) to all 4-year-olds, phased in over 4 years,  
          and fully implemented by the 2019-2020 school year.

          Fiscal Impact (as approved on May 23, 2014): The most  
          substantial costs of this bill will be enrollment costs to  
          expand Pre-Kindergarten. The expansion is contingent on the  
          availability of Budget funding, and potential fee revenue. State  
          costs will also depend on the degree to which children who  
          access Pre-K would have participated in another child care  
          program absent this bill, and the degree of state financial  
          participation in that program.
              Average Daily Attendance (ADA): Potentially substantial  
              increase in ADA costs, likely in the hundreds of millions of  
              dollars annually, to expand full and part-day pre-school  
              programs. Enrollment is likely to increase substantially  
              over time as families become aware of their program  
              eligibility, and the process is streamlined. 
              Facilities: Unknown, potentially substantial costs to  
              schools to construct new classrooms or purchase portables. 
              Teacher qualifications: Potentially substantial state cost  
              pressure to ensure capacity in California community colleges  
              (CCCs) and public university teacher credentialing programs  
              to provide the training that teachers and paraprofessionals  
              will require by 2021.
              State administration: Significant costs, likely in the  
              hundreds of thousands of dollars for the California  
              Department of Education (CDE) to promulgate regulations,  
              provide technical assistance to LEAs, and collaborate with  
              the CTC on a workforce development plan. The CDE also  
              estimates that it would require 2 PYs at the Education  
              Programs Consultant level to staff the regulation  








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              promulgation process, which could take 6-12 months.
              Professional development: Significant local cost pressure. 
              Local Control Accountability Plans (LCAPS): Potentially  
              significant local costs (and state cost pressure) to  
              incorporate this program into an LEA's LCAP.
              California State Preschool Program (CSPP): Potentially  
              substantial costs to meet higher quality standards and  
              training requirements, and to increase the reimbursement  
              rate for certain programs.

          Background: Existing law requires a child to be admitted to  
          kindergarten if the child will have his or her 5th 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; or, d) September 1 of  
          the 2014-15 school year and each year thereafter. (Education  
          Code � 48000)
          
          Existing law defines TK as the first year of a 2-year  
          kindergarten program that uses a modified kindergarten  
          curriculum that is age and developmentally appropriate, and  
          requires schools, as a condition of receiving apportionments for  
          transitional kindergarten, to admit to TK: a)  in the 2012-13  
          school year, a child who will have his or her 5th birthday  
          between November 2 and December 2; b) in the 2013-14 school  
          year, a child who will have his or her 5th birthday between  
          October 2 and December 2; and, c) in the 2014-15 school year,  
          and each year thereafter, a child who will have his or her 5th  
          birthday between September 2 and December 2. (EC � 48000 (d))

          Existing law establishes the CSPP for purposes of providing  
          part-day and full-day developmentally appropriate programs  
          designed to facilitate the transition to kindergarten for 3 and  
          4-year old children in educational development, health services,  
          social services, nutritional services, parent education and  
          participation, evaluation, and staff development. (EC � 8235)

          Proposed Law: This bill expands eligibility for TK to all 4-year  
          olds, phased in over a 4-year period beginning in the 2015-16  
          school year, and establishes requirements for program  
          implementation. 

          With regard to participation, this bill:  
           








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

          2)   Expands eligibility for TK in specified phases, ultimately  
               requiring a child to be admitted to a TK class if the child  
               will have his or her 4th birthday on or before September 1  
               of the 2019-20 school year and each school year thereafter.

          3)   Authorizes a school district or charter school to contract  
               with a public local agency including but not limited to an  
               LEA, a COE, or a private local provider, or both, to  
               provide TK, if both of the following are satisfied: a) the  
               school district or charter school is responsible for  
               oversight and administration of TK, as specified; and, b)  
               the TK provided by a public agency or private provider is  
               under the exclusive management and control of the governing  
               board of the school district or charter school that  
               administers the contract.

          With regard to curriculum, this bill:
           
              1)   Requires the Superintendent of Public Instruction (SPI)  
               to develop, and the State Board of Education (SBE) to  
               adopt, by January 30, 2016, TK standards that include but  
               are not limited to the 9 developmental domains that are  
               included in the California Preschool Learning Foundations  
               (CPLF).  

             2)   Requires the SBE, by January 30, 2017, to modify the  
               frameworks, if appropriate, to align them with the TK  
               standards and ensure that those standards are incorporated  
               into the curricular frameworks.

             3)   Authorizes the SBE to adopt instructional materials  
               aligned with the TK standards in English language arts  
               (ELA), including English language development (ELD),  
               mathematics, science, and history-social science by  
               September 30, 2017.

             4)   Requires the SBE, during the next revision of the  
               frameworks to modify those frameworks, if appropriate, to  
               align them with the TK standards and ensure that those  








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               standards are incorporated into the frameworks.

          With regard to staff qualifications, this bill: 

          1)       Requires, by July 1, 2015, all TK classes to be taught  
               by a teacher who possesses one of the following permits or  
               credentials issued by the CTC:

                  a)        A teaching permit or higher, authorizing  
                    service in the care, development, and instruction in  
                    child care development programs. This bill requires  
                    teachers with this permit to have a professional  
                    learning plan to obtain a baccalaureate degree with at  
                    least 24 units in early childhood education (ECE) or  
                    child development, or a combination of both, and a  
                    multiple subject teaching credential by July 1, 2019. 

                  b)        A multiple subject credential with an  
                    authorization to teach prekindergarten to grade 12.

                  c)        An elementary (multiple subject) credential.  

                  d)        A single subject credential in home economics.  
                     

             1)   Requires, by July 1, 2019, all TK classes to be taught  
               by a teacher who holds a baccalaureate degree with at least  
               24 units in ECE or child development, or a combination of  
               both, and a teaching credential.   

              2)   Requires, by July 1, 2015, all TK to include a  
               paraprofessional who possess an assistant permit or higher,  
               issued by the CTC, authorizing service in the care,  
               development, and instruction in child care and development  
               programs. This bill requires paraprofessionals with this  
               permit to have a professional learning plan to obtain a  
               teacher permit issued by the CTC by July 1, 2019.

             3)   Requires, by July 1, 2019, all TK paraprofessionals to  
               have a teacher permit with at least 24 units in ECE or  
               child development, or a combination of both.
              
            With regard to collective bargaining, this bill: 1) authorizes  
           employees of a private provider have the ability to establish  








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           collective bargaining rights; and, 2) requires all TK  
           paraprofessionals to be considered classified employees, as  
           specified.

          With regard to class size and staffing, this bill: 1) beginning  
          with the 2015-16 school year, requires TK to be taught by at  
          least 1 teacher and 1 paraprofessional, and limits the class  
          size to 20 pupils; and, 2) requires, beginning with the 2015-16  
          school year, TK teachers and paraprofessionals to be considered  
          full-time employees (for purposes of compensation, including  
          salary and benefits), subject to specified collective bargaining  
          exceptions. 

          With regard to facilities, this bill: 1) Provides that TK  
          programs operated by a school district or a charter school are  
          eligible for school facilities funding; and, 2) encourages  
          public agencies and private providers to seek shared use  
          agreements with a broad array of public and private entities, as  
          specified.

          With regard to funding, this bill:

             1)   Requires, beginning with the 2015-16 school year, TK  
               programs to receive 2/3 of the per-student base grant per  
               unit of ADA, as adjusted for inflation, plus an additional  
               adjustment of 10.4%, and a supplemental grant add-on. 

             2)   Requires federal funding for preschool and state funding  
               annually appropriated for state preschool programs to be  
               used to provide services for eligible 3, 4, and 5-year-old  
               children, including augmenting TK to provide full-day,  
               full-year learning and child care services for  
               participants. This bill requires TK funds to supplement,  
               and not supplant, federal and state funding for existing  
               child care and development programs.

          This bill requires, by July 1, 2015, each county superintendent  
          of schools to conduct a review of the level of access to TK,  
          state preschool, and Head Start provided to eligible children  
          within the county. This bill requires the review to include but  
          not be limited to a description of the plans of the school  
          districts and charter schools to make TK available to all  
          eligible children by the 2019-20 school year, and requires the  
          county superintendent to post the results of the review on the  








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          COE's website.  
           
           This bill also requires the CTC, in collaboration with the SPI,  
          the CCC, the CSU, private postsecondary educational  
          institutions, and the UC (if it chooses to participate) to  
          establish a workforce development plan for TK teachers and  
          paraprofessionals that recommends the steps necessary to provide  
          adequate opportunities for existing ECE educators to obtain the  
          necessary qualifications by July 1, 2019.
           
           The SPI is also required to develop, by July 31, 2016,  
          regulations necessary to implement transitional kindergarten,  
          and incorporate existing regulations and guidelines as  
          appropriate. This bill authorizes the SBE to adopt emergency  
          regulations, and required the Board to revise the local control  
          and accountability plan (LCAP) template to include any changes  
          necessary to reflect the provision of TK.

          This bill requires school district and charter school offering  
          TK to provide public notice of the availability of TK, as  
          specified.

          Related Legislation: SB 1123 (Liu) would establish Strong Start  
          early learning and care services for infants and toddlers that,  
          among other things, modifies staffing ratios and requires, by  
          July 1, 2019, providers to have at least one teacher in each  
          classroom that holds a child development teacher permit. That  
          bill will also be heard in this Committee on May 19, 2014.

          SB 1381 (Simitian) Ch. 705/2010 changed the date by which a  
          child is required to be admitted to kindergarten at the  
          beginning of the school year, and created a "transitional"  
          kindergarten program - the first year of a two-year kindergarten  
          program that uses a modified kindergarten curriculum that is age  
          and developmentally appropriate - for those pupils impacted by  
          the change in age of admission date

          Staff Comments: 
           
          ADA increase  

          This bill creates an entitlement, but not a requirement, for  
          every 4-year-old in the state to enroll in TK. It creates a  
          requirement for every school district that offers elementary  








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          school (which is all elementary and unified school districts)  
          and every charter school that has elementary school grades to  
          provide TK to any 4-year-old who enrolls. The current TK program  
          is limited to a small subset of 4-year-olds (by birthday), and  
          many charter schools did not offer TK until the current  
          (2013-14) school year, due to a disagreement over whether or not  
          they were required to offer TK.  

          Parent choice will ultimately determine the cost of this bill.  
          All parents/guardians will have to option of enrolling their  
          4-year-olds in public school for an additional grade. Parents  
          may choose to keep their children at home until kindergarten, to  
          use various child care options, or to enroll them in private  
          pre-school programs. The extent to which parents decide to  
          enroll their children in TK will determine the ultimate cost  
          (though, LEAs will incur costs to establish TK classes  
          beforehand based on projected enrollment). It is likely that if  
          TK is successful, or at least perceived to be of similar or  
          better quality than other options (such as private pre-school),  
          more parents will choose to enroll their children in free,  
          public education.

           Curriculum
           
          This bill requires the development and adoption of TK content  
          standards in the 9 developmental domains of the CPLF. The CDE  
          estimates a cost of $680,000 to complete the standards adoption  
          process. Pursuant to this bill, the Instructional Quality  
          Commission (IQC) would (through contract writers) then modify  
          curriculum frameworks for all 9 domains and incorporate TK  
          content into 4 existing curriculum frameworks. The CDE would  
          require nearly $900,000 for the framework revision and adoption  
          process. 

          If the SBE decided to adopt math and ELA) / ELD instructional  
          materials for TK, that process would cost approximately  
          $800,000. LEAs would, in turn, have substantial cost pressure to  
          purchase instructional materials.

           Data 
           
          The CDE has indicated that any changes to CALPADs could be done  
          within existing resources, primarily because LCFF implementation  
          has required a number of changes that the CDE is in the process  








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          of making to CALPADs. Typically, the CDE has indicated that a  
          significant change to CALPADs costs tens of thousands of  
          dollars.

           Facilities
           
          The degree to which schools will require additional space and/or  
          modifications to their physical sites to provide TK is unclear.  
          Many schools districts have expressed concern about having  
          adequate facilities to house an influx of new pupils. To the  
          extent that schools have to purchase portables or construct  
          additional classrooms, there will be local costs. This also  
          increases cost pressure to pass a new school facilities bond.  
          The last statewide school facilities bond was passed in 2006.

           Contracting with private providers  

          In order to help address both facility and personnel capacity  
          issues, this bill allows LEAs to contract with private local  
          providers to share private providers' physical space and/or to  
          actually provide TK to the LEA's students. In order to do so,  
          however, the private provider has to agree to various rules  
          including being considered a "public school employer" for the  
          purpose of collective bargaining rights, and being "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."

          The degree to which private providers will be willing to enter  
          into such agreements, and at what cost, is unclear. It will  
          likely vary locally, and year-by-year, depending on whether it  
          is financially advantageous overall for a private provider to do  
          so. To the extent that LEAs are attracted to this option, they  
          will likely incur increased legal costs to draft and advise on  
          contracts. The CDE will likely need to provide active, ongoing  
          guidance to LEAS on these issues.

           Teacher qualifications 
           
          This bill establishes professional standards for TK teachers and  
          paraprofessionals, which include credentialing, degree, and ECE  
          unit standards, that are beyond what is typically required of  
          "pre-school" teachers and teaching assistants. The requirements  
          are staggered until 2019, in order to give teachers and  








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          paraprofessionals time to meet new requirements, and LEAs time  
          to ensure they can hire staff who meet all of the requirements.  
          The new requirements would apply to thousands (and potentially  
          tens of thousands) of individuals who would be seeking new  
          training/education, and create state cost pressure to ensure  
          capacity in CCCs and in teacher credentialing programs at the  
          other segments.

           Workforce Development Plan
           
          In order to help address the training issue, this bill requires  
          the CTC, in collaboration with the SPI, the CCC, the California  
          State University, private postsecondary educational  
          institutions, and (request) the University of California, to  
          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. This requirement will significantly  
          increase CTC workload, and create minor increased workload for  
          the other participating entities. The plan itself is likely to  
          create significant costs pressure to implement its  
          recommendations.

           Notification mandate
           
          This bill requires LEAs to provide public notice of the  
          availability of TK "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." This requirement creates a  
          significant state reimbursable mandate on LEAs for their TK  
          outreach and notification activities. 


          Author's amendments recast this bill as the "California  
          Pre-Kindergarten Program", with specific requirements for LEAs  
          to providing certain programming, and to meet quality standards.  
          The statewide Pre-K program would target low-income and English  
          learner 4-year-olds, would specify eligibility requirements, and  
          require the expansion to be funded annually by the Legislature.









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