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SB-837 Schools: transitional kindergarten.(2013-2014)

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SB837:v97#DOCUMENT

Amended  IN  Senate  April 22, 2014
Amended  IN  Senate  April 02, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

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 06, 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   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 half one-half 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 being a pupil who is 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 is not be 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 Education Educator 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 Superintendent Instructional Quality Commission 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 state board Instructional Quality Commission 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 state board Instructional Quality Commission 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 state board Instructional Quality Commission 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 students children 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 material materials 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 material materials 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 thereon, on the lists, 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 any a 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.