Bill Text: CA SB837 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Early childhood education: professional development.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-14 - Set, second hearing. Held under submission. [SB837 Detail]

Download: California-2013-SB837-Introduced.html
BILL NUMBER: SB 837	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Steinberg, Beall, Block, DeSaulnier,
Hancock, Hill, Lara, Leno, Liu, and Wolk
   (Coauthor: Assembly Member Bonta)

                        JANUARY 6, 2014

   An act to amend Sections 46300 and 48000 of, and to add Article
1.5 (commencing with Section 48005.10) 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 introduced, 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 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 associate
teachers 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. 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 declare 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 the age of two, low-income
children are six months behind in language development relative to
their higher income peers, and that by age five, 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) Only half of California's low-income preschoolers benefit from
existing state preschool programs or federal Head Start programs,
and only one-quarter of all children are 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% of California's third graders tests proficient or
better in English language arts.
   (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
transitional kindergarten programs decrease grade retention and
special education placements and increase high school graduation
rates, college enrollment rates, and earnings in adulthood.
High-quality transitional kindergarten programs also decrease
taxpayer costs on criminal justice and welfare.
   (10) If California were to invest in high-quality preschool
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 in enacting the
Kindergarten Readiness Act of 2014 to accomplish all of the
following:
   (1) Make early childhood education in California a rational and
efficient system so that all of California's four-year-old children
have access to a voluntary, high-quality transitional kindergarten
program one year before enrolling in kindergarten.
   (2) More strategically use existing state and federal funds to
provide full-day, developmentally appropriate services for
four-year-old children from low-income families, and provide
high-quality early learning and care to those children who need it
the most.
   (3) Ensure that children are four years of age by September 1 in
order to attend transitional kindergarten in that academic year.
   (4) Ensure that parents and guardians receive timely information
from local educational agencies about the new age requirements for
enrollment in transitional kindergarten that are implemented pursuant
to this act.
  SEC. 3.  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 possessed 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  provision of  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, there shall be included the attendance of pupils in
 kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:   transitional kindergarten 
 and kindergarten.  
   (A) The school district has on file for each of those pupils 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 pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000. 
   (2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten. 
   (3) For purposes of transitional kindergarten operated by a
private local provider pursuant to paragraph (2) of subdivision (a)
of Section 48005.20, "immediate supervision" means being under the
immediate supervision of an employee of the private local provider
who satisfies the requirements of Section 48005.35. 
  SEC. 4.  Section 48000 of the Education Code is amended to read:
   48000.  (a) A child shall be admitted to a kindergarten maintained
by the school district 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
maintained by the school district 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, 2015, to February 1, 2016, inclusive, for the
2015-16 school year.  
   (2) September 2, 2016, to April 1, 2017, inclusive, for the
2016-17 school year.  
   (3) September 2, 2017, to June 1, 2018, inclusive, for the 2017-18
school year.  
   (4) September 2, 2018, to August 2, 2019, inclusive, for the
2018-19 school year.  
   (c) A child shall be admitted to a transitional kindergarten
maintained by the school district 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.  
   (b) 
    (d)  The governing board of a school district
maintaining 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 
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. 
   (c) As a condition of receipt of apportionment for pupils in a
transitional kindergarten program pursuant to subdivision (g) of
Section 46300, a school district or charter school shall ensure the
following:  
   (1) In the 2012-13 school year, a child who will have his or her
fifth birthday between November 2 and December 2 shall be admitted to
a transitional kindergarten program maintained by the school
district.  
   (2) In the 2013-14 school year, a child who will have his or her
fifth birthday between October 2 and December 2 shall be admitted to
a transitional kindergarten program maintained by the school
district.  
   (3) In the 2014-15 school year and each school year thereafter, a
child who will have his or her fifth birthday between September 2 and
December 2 shall be admitted to a transitional kindergarten program
maintained by the school district.  
   (d) 
    (e)  For purposes of this section, "transitional
kindergarten" means  the first year of a two-year
kindergarten program that uses a modified kindergarten curriculum
that is age and developmentally appropriate.   a
school-year long kindergarten readiness grade level that is age and
developmentally appropriate for a child who will be four years old
before September 1 of the year in which he or she enrolls in
transitional kindergarten   .  
   (e) A transitional kindergarten shall not be construed as a new
program or higher level of service. 
  SEC. 5.  Article 1.5 (commencing with Section 48005.10) 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


   48005.10.   Transitional kindergarten is hereby established to do
all of the following:
   (a) Support all children in developing the skills necessary for
success in school and life. These skills shall include, but are not
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 the gains that
children achieve attending those programs.
   48005.15.  (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 Head Start provided to eligible
children within the county. The review shall include, but is not
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.
   (d) 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 augmenting
transitional kindergarten to provide full-day learning and child care
services for participants.
   (e) Transitional kindergarten funds shall supplement, and not
supplant, federal and state funding for existing child care and
development programs.
   48005.20.  (a) A school district or charter school offering
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 offering transitional kindergarten provide
high-quality professional development 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 development for transitional
kindergarten teachers and associate teachers 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 development for transitional kindergarten
teachers and associate teachers shall be aligned with the
professional development provided to teachers and administrative
staff in kindergarten and grades 1 to 3, inclusive.
   48005.25.  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 preschool learning foundations of the department for all
eight early childhood domains and the kindergarten education content
standards that are aligned with elementary education standards.
   (b) Use and implementation of curriculum frameworks, instructional
materials, and diagnostic assessment tools that are aligned with the
California Preschool Learning Foundations and the kindergarten
education content standards.
   (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.
   48005.30.  (a) On or before July 1, 2015, the Superintendent shall
develop, and the state board shall adopt, the regulations necessary
to implement this article and transitional kindergarten and 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 July 1, 2016, the Superintendent shall develop,
and the state board shall adopt, transitional kindergarten standards,
curriculum frameworks, and instructional materials that include, but
are not limited to, social-emotional development, English language
arts, English language development, mathematics, and science, that
are based on the California Preschool Learning Foundations and
aligned to kindergarten education content standards.
   (c) 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.
   48005.35.  (a) On or before July 1, 2015, all transitional
kindergarten classes shall be taught by a teacher who holds, at a
minimum, an associate degree, and has a professional development plan
that provides for a baccalaureate degree with at least 24 units in
early childhood education and a teaching credential by 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 and a teaching
credential.
   (c) On or before July 1, 2015, all transitional kindergarten
associate teachers shall have, at a minimum, 24 units in early
childhood education, and a professional development plan that
provides for an associate degree by July 1, 2019.
   (d) On or before July 1, 2019, all transitional kindergarten
associate teachers shall have an associate degree with at least 24
units in early childhood education.
   (e) Commencing with the 2015-16 school year, for purposes of
compensation, including salary and benefits, transitional
kindergarten teachers and associate teachers shall provide two
part-day sessions per day in order to be considered full-time
employees.
   (f) On or before July 1, 2015, the Superintendent, in
collaboration with the Commission on Teacher Credentialing, the
public postsecondary education system, including the California
Community Colleges, and private postsecondary institutions, shall
establish a workforce development plan for transitional kindergarten
teachers and associate teachers that provides for adequate
opportunities for existing early childhood educators to obtain the
necessary transitional kindergarten qualifications by July 1, 2019.
   (g) Commencing with the 2015-16 school year, transitional
kindergarten shall be taught by at least one teacher and one
associate teacher, and class size shall be limited to no more than 20
children.
   48005.40.  (a) Transitional kindergarten 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.
   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.
  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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