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AB-22 Transitional kindergarten: enrollment for 4-year-old children.(2021-2022)

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Date Published: 12/07/2020 09:00 PM
AB22:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 22


Introduced by Assembly Members McCarty, Bonta, Burke, Carrillo, Chiu, Friedman, Eduardo Garcia, Lorena Gonzalez, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting, and Wicks
(Principal coauthors: Senators Dodd, Gonzalez, Limón, and Rubio)

December 07, 2020


An act to amend Section 48000 of the Education Code, relating to transitional kindergarten.


LEGISLATIVE COUNSEL'S DIGEST


AB 22, as introduced, McCarty. Transitional kindergarten: enrollment for 4-year-old children.
Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law requires, in the 2014–15 school year and each school year thereafter, and as a condition of receipt of apportionments for pupils in a transitional kindergarten program, a child who will have their 5th birthday between September 2 and December 2, inclusive, to be admitted to a transitional kindergarten program maintained by a school district or charter school.
This bill would require, by no later than the 2030–31 school year and in each school year thereafter, a school district or charter school, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, to admit to a transitional kindergarten program maintained by the school district or charter school children who will have their 5th birthday between September 2 of the calendar year in which the school year begins and September 1 of the following calendar year.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Quality early learning and care for children from birth to five years of age, inclusive, is a sound and strategic investment to narrow achievement gaps that are present well before children enter kindergarten.
(2) In the annual Budget Act for the 2014–15 fiscal year, the Legislature and the Governor committed to providing all low-income children with at least one year of early care and education programs. That commitment is known as the California Preschool Promise. Section 1 of Chapter 51 of the Statutes of 2019 (Senate Bill 75 of the 2019–20 Regular Session) requires the development of a Master Plan for Early Learning and Care that includes a recommendation to provide universal access to early learning opportunities for all three- and four-year-old children in California.
(3) Evidence shows that providing universal or targeted universal access to preschool closes the school readiness gap and improves long-term academic achievement and life outcomes for children.
(4) Successful early learning programs also require key elements of quality programming, including all of the following:
(A) Well-prepared, trained, and justly compensated teachers.
(B) Classrooms that implement an evidence-based, developmentally appropriate curriculum that is aligned to elementary and secondary school standards, including aligned assessments.
(C) Classrooms with teacher-child ratios that allow for meaningful adult-child interactions to benefit the social-emotional and early academic development of young learners.
(D) Effective and high-quality professional development that is focused on teacher-child interactions, quality of instruction, and child outcomes, including, when appropriate, supporting dual language learners to develop their home language alongside English, creating supportive and inclusive environments for children with special needs, and using trauma-informed practices to support children who face significant risk factors to their healthy development and success.
(E) Use of child outcome data to inform instruction and continuous quality improvement.
(F) Robust parent engagement in childcare settings to meet the needs of working families and support parent choice.
(5) In 2010, the Legislature enacted legislation establishing transitional kindergarten, which provides every four-year-old whose fifth birthday occurs between September 2 and December 2, inclusive, with a free additional year of early learning before grade 1. The state’s success in implementing this law has been dependent on ensuring that nearly every school district offers transitional kindergarten in their community.
(6) California has an opportunity to build on the state’s strong start to provide universal access to a high quality early learning experience for every four-year-old child by expanding transitional kindergarten while implementing transitional kindergarten quality improvements to address the social-emotional and early academic development of the state’s youngest learners.
(b) (1) It is the intent of the Legislature to enact legislation to provide access to quality early learning opportunities for every four-year-old child in California through the expansion of transitional kindergarten and the institution of quality program improvements to meet the social-emotional and early academic needs of young learners, in alignment with the Master Plan for Early Learning and Care and as part of a strengthened, comprehensive early learning and care system for children from birth to six years of age, inclusive.
(2) It is the intent of the Legislature to enact legislation to gradually expand transitional kindergarten until all four-year-old children are served as part of the state’s comprehensive early learning and care system.
(3) It is the further intent of the Legislature that quality program improvements shall include, but not be limited to, classroom staffing ratios that are developmentally appropriate for four-year-old children, fair compensation for teachers and staff reflective of compensation for other teachers and staff with similar professional qualifications, full-schoolday programs, and a curriculum that aligns early developmental and learning standards with early academic standards.

SEC. 2.

 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 their 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) The governing board of the school district 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) (1) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, and Chapter 3 (commencing with Section 47610) of Part 26.8, as applicable, a school district or charter school shall ensure the following:

(1)

(A) In the 2012–13 school year, children who will have their fifth birthday between November 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(2)

(B) In the 2013–14 school year, children who will have their fifth birthday between October 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(3)(A)In

(C) From the 2014–15 school year and each school year thereafter, to the 2029–30 school year, inclusive, children who will have their fifth birthday between September 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(D) By no later than the 2030–31 school year, and in each school year thereafter, children who will have their fifth birthday between September 2 of the calendar year in which the school year begins and September 1 of the following calendar year shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(B)(i)For

(2) (A) From the 2015–16 school year and each school year thereafter, to the 2029–30 school year, inclusive, a school district or charter school may, at any time during a school year, admit children to a transitional kindergarten program who will have their fifth birthday after December 2 but during that same school year, with the approval of the parent or guardian, subject to the following conditions:

(I)

(i) 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.

(II)

(ii) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.

(ii)

(B) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to clause (i) subparagraph (A) shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained the pupil’s fifth birthday, regardless of when the pupil was admitted during the school year.
(d) 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.
(e) A transitional kindergarten shall not be construed as a new program or higher level of service.
(f) It is the intent of the Legislature that transitional kindergarten curriculum be aligned to the California Preschool Learning Foundations developed by the department.
(g) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, a school district or charter school shall ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2021, one of the following:
(1) At least 24 units in early childhood education, or childhood development, or both.
(2) As determined by the local educational agency employing the teacher, professional experience in a classroom setting with preschool age children that is comparable to the 24 units of education described in paragraph (1).
(3) A child development teacher permit issued by the Commission on Teacher Credentialing.
(h) A school district or charter school may place four-year-old children, as defined in subdivision (aj) of Section 8208, enrolled in a California state preschool program into a transitional kindergarten program classroom. A school district or charter school that commingles children from both programs in the same classroom shall meet all of the requirements of the respective programs in which the children are enrolled, and the school district or charter school shall adhere to all of the following requirements, irrespective of the program in which the child is enrolled:
(1) An early childhood environment rating scale, as specified in Section 18281 of Title 5 of the California Code of Regulations, shall be completed for the classroom.
(2) All children enrolled for 10 or more hours per week shall be evaluated using the Desired Results Developmental Profile, as specified in Section 18272 of Title 5 of the California Code of Regulations.
(3) The classroom shall be taught by a teacher that holds a credential issued by the Commission on Teacher Credentialing in accordance with Section 44065 and subdivision (b) of Section 44256 and who meets the requirements set forth in subdivision (g).
(4) The classroom shall be in compliance with the adult-child ratio specified in subdivision (c) of Section 8264.8.
(5) Contractors of a school district or charter school commingling children enrolled in the California state preschool program with children enrolled in a transitional kindergarten program classroom shall report the services, revenues, and expenditures for the California state preschool program children in accordance with Section 18068 of Title 5 of the California Code of Regulations. Those contractors are not required to report services, revenues, and expenditures for the children in the transitional kindergarten program.
(i) Until July 1, 2019, a transitional kindergarten classroom that has in attendance children enrolled in a California state preschool program shall be licensed pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code.
(j) A school district or charter school that chooses to place California state preschool program children into a transitional kindergarten program classroom shall not also include children enrolled in transitional kindergarten for a second year or children enrolled in kindergarten in that classroom.