Today's Law As Amended

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AB-197 Full-day kindergarten.(2019-2020)



SECTION 1.
 The Legislature finds and declares all of the following:
(a) All California public school kindergarten pupils deserve the opportunity to maximize their growth, development, and success at this critical time in their developmental process.
(b) Full-day kindergarten provides this opportunity through a longer instructional day that has proven to be successful where it has been implemented. School districts can obtain an example of an extended kindergarten curriculum to help them more easily transition to a full-day kindergarten program. One example curriculum that was designed for a full-day kindergarten program is available through the Los Angeles Unified School District, which has already implemented a full-day kindergarten program.
(c) Full-day kindergarten should provide time to meet the developmentally based instructional needs of the whole child. It should encompass all curricular areas, including visual and performing arts and physical education, as outlined in the state-adopted curriculum frameworks.
(d) In addition, full-day kindergarten must be a priority for school districts and reserving or obtaining space for the full-day kindergarten program must take precedence over all nonclass requirements.

SEC. 2.

 Section 8973 of the Education Code is amended to read:

8973.
 (a)  Notwithstanding any other provision of  law, the kindergarten schoolday in an early primary program conducted pursuant to Section 8972 may exceed four hours, exclusive of recesses, provided that  if  both of the following conditions are met:
(a) (1)  The governing board of a school district declares that the extended-day kindergarten program does not exceed the length of the primary schoolday.
(b) (2)  The extended-day kindergarten program takes into account ample opportunity for both active and quiet activities within an integrated, experiential, and developmentally appropriate educational program.
(b) This section shall become inoperative on July 1, 2022, and as of January 1, 2023, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 3.

 Section 37202 of the Education Code is amended to read:

37202.
 (a) Except if a school has been closed by order of a city or a county board of health, or of the State Board Department  of Public  Health, on account of contagious disease, or if the school has been closed on account of fire, flood, or other public disaster, the governing board of a school district shall maintain all of the elementary day schools established by it for an equal length of time during the school year and all of the day high schools established by it for an equal length of time during the school year.
(b) Notwithstanding subdivision (a), a school district that is implementing an early primary program, pursuant to Chapter 8 (commencing with Section 8970) of Part 6,  6 of Division 1 of Title 1,  may maintain kindergarten or transitional kindergarten classes for different lengths of time during the schoolday, either at the same or a different schoolsite. schoolsite, except, with respect to a kindergarten program, as provided in subdivision (c). 
(c) (1) Commencing with the 2022–23 school year, each school within a school district or charter school serving pupils in early primary grades shall implement at least one full-day kindergarten program.
(2) It is the intent of the Legislature that first priority for implementation of full-day kindergarten before July 1, 2022, go to any school receiving federal Title I funds.
(d) For purposes of this section, “full-day kindergarten” means, except as otherwise provided in this chapter, instruction provided for the same number of minutes per schoolday that is offered to pupils in first grade, exclusive of noon intermissions, but inclusive of recesses, in accordance with Section 46115.

SEC. 4.

 Section 46111 of the Education Code is amended to read:

46111.
 (a) (1) No A  pupil in a kindergarten shall not  be kept in school in any day more than four hours exclusive of recesses recesses,  except for pupils in Early Primary Programs, as set forth in Chapter 8 (commencing with Section 8970) of Part 6. 6 of Division 1 of Title 1. 
(2) A pupil in a kindergarten in a school operating on a program of multitrack year-round scheduling pursuant to subdivision (a) of Section 37670 may be kept in school on any day for 265 minutes of instruction, exclusive of recesses.
(b) This section shall does  not apply to the Pasadena Unified School District or counties of the third class as determined pursuant to Section 28024 of the Government Code, as it read on January 1, 1977.
(c) This section shall does  not apply to a pupil of  the San Bernardino Unified School District with regard to any pupil of that district  who is determined by the principal of the school in which that pupil is enrolled, pursuant to testing, teacher recommendation, or both, to be developmentally and academically suited for the a  longer instructional day.
(d) This section shall become inoperative on July 1, 2022, and as of January 1, 2023, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 5.

 Section 46112 of the Education Code is amended to read:

46112.
 (a)  The minimum schoolday in grades 1, 2, and 3 in elementary schools, except in opportunity schools, classes, or programs, is 230 minutes, except where if  the governing board of a school district has prescribed a shorter length for the schoolday because of a  lack of school facilities which that  requires double sessions, in which case the minimum schoolday in such those  grades shall be 200 minutes.
(b) This section shall become inoperative on July 1, 2022, and as of January 1, 2023, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 6.

 Section 46112 is added to the Education Code, to read:

46112.
 (a) The minimum schoolday in grades 1, 2, and 3 in elementary schools, except in opportunity schools, classes, or programs, is 230 minutes, except if the governing board of a school district has prescribed a shorter length for the schoolday because of a lack of school facilities that requires double sessions, in which case the minimum schoolday in those grades is 200 minutes.
(b) The minimum schoolday in a kindergarten implementing the full-day kindergarten program required by subdivision (c) of Section 37202 in elementary schools is the same number of minutes per schoolday that is offered to pupils in first grade.
(c) This section shall become operative on July 1, 2022.

SEC. 7.

 Section 46114 of the Education Code is amended to read:

46114.
 (a) The minimum schoolday in a kindergarten implementing the full-day kindergarten program required by subdivision (c) of Section 37202, and in  grades 1, 2, and 3 in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 230 or more, the pupils shall be deemed to have complied with Section 46112, even if the number of minutes attended in any one schoolday is less than 230, but not less than 170.
(b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46113, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180.
(c) The minimum schoolday in kindergarten in elementary schools that are not implementing the full-day kindergarten program required by subdivision (c) of Section 37202  may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 180 or more, pupils shall be deemed to have complied with Section 46117, even if the number of minutes attended in any one schoolday is less than 180, but not less than 60.
No (d)  A  computation authorized by this section shall not  result in any increase in state apportionments.

SEC. 9.SEC. 8.

 Section 46117 of the Education Code is amended to read:

46117.
 The minimum schoolday for pupils in kindergartens is  a pupil in a kindergarten other than a kindergarten that is implementing the full-day kindergarten program required by subdivision (c) of Section 37202 is  180 minutes inclusive of recesses, and no units a unit  of average daily attendance shall not  be credited for attendance in kindergarten classes if the minimum schoolday of such those  classes is less than 180 minutes.

SEC. 10.SEC. 9.

 Section 46118 of the Education Code is amended to read:

46118.
 A single-session kindergarten class shall meet all of the following criteria:
(a) The class is maintained for a minimum of 180 minutes per schoolday. schoolday, unless the kindergarten is implementing the full-day kindergarten program required by subdivision (c) of Section 37202. 
(b) The kindergarten class teacher is assigned to only one session of kindergarten daily as a principal teacher.
(c) The kindergarten teacher is a full-time certificated employee.
(d) The kindergarten teacher shall be available for assistance or assignment in the instructional program of the primary grades when not involved in the kindergarten program.

SEC. 11.SEC. 10.

 Section 46119 of the Education Code is amended to read:

46119.
 (a)  The governing board of a school district which that  has fewer than 40 pupils enrolled in kindergarten classes may make application  apply  to the Superintendent of Public Instruction requesting  for  approval to maintain two kindergarten classes of 150 minutes each inclusive of recesses on the same day which that  are taught by the same teacher. The average daily attendance for such those  classes shall be adjusted by a multiplication factor of 0.500.
(b) This section shall become inoperative on July 1, 2022, and as of January 1, 2023, is repealed, unless a later enacted statute that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 11.
 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.