California Senate Bill SB837 Amended / Bill

 BILL NUMBER: SB 837AMENDED BILL TEXT AMENDED IN SENATE MAY 28, 2014 AMENDED IN SENATE APRIL 22, 2014 AMENDED IN SENATE APRIL 2, 2014 INTRODUCED BY Senators Steinberg, Beall, Block, De Len, DeSaulnier, Hancock, Hill, Lara, Leno, Liu, and Wolk (Coauthor: Assembly Member Bonta) JANUARY 6, 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.   8236, 14022.3, 41303, and 52060 of, and to add Article 22 (commencing with Section 8460) to Chapter 2 of Part 6 of Division 1 of Title 1 of, the Education Code, relating to prekindergarten.  LEGISLATIVE COUNSEL'S DIGEST SB 837, as amended, Steinberg.  Schools: transitional kindergarten.   Prekindergarten.   (1) Existing law, the Child Care and Development Services Act, requires, among other things, the Superintendent of Public Instruction to administer all California state preschool programs and provides that 3- and 4-year-old children are eligible for the part-day California state preschool program if the family meets specified criteria. Existing law requires each applicant or contracting agency of a California state preschool program to give first priority to 3- or 4-year-old neglected or abused children, as provided, with 2nd priority required to go to eligible 4-year-old children before enrolling eligible 3-year-old children.   This bill would instead give 2nd priority to 4-year-old children who are not enrolled in the state-funded prekindergarten program created by this bill. The bill would require 4-year-old children enrolled in the state-funded prekindergarten program to be deemed eligible for supplemental education and care services through the California state preschool program if they meet certain eligibility requirements, as provided.   This bill, commencing with the 2015-16 school year and notwithstanding any other provision of the Child Care and Development Services Act, would require each school district or charter school that offers kindergarten to provide prekindergarten, as specified. The bill would provide that a child who is eligible for free or reduced-price meals and who will have his or her 4th birthday on or before September 1 of the applicable school year is authorized to attend prekindergarten. The bill would provide for a per child base grant for prekindergarten for apportionment purposes, as specified. The bill would require prekindergarten to be taught by prekindergarten teachers and paraprofessionals who meet certain requirements, and would require prekindergarten to include specified preschool elements. The bill, on or before July 1, 2015, would require each county superintendent of schools to conduct a review of the level of access to kindergarten, prekindergarten, state preschool, and federal Head Start provided to eligible children within the county, as specified. By requiring school districts and charter schools that offer kindergarten to offer prekindergarten, and requiring county superintendents of schools to each conduct a review, the bill would impose a state-mandated local program.   (2) Existing law, on or before July 1, 2014, requires the governing board of each school district to adopt a local control and accountability plan and requires the governing board of each school district to update its local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. Existing law requires a charter school petition to contain, among other things, a reasonably comprehensive description of annual goals to be achieved in each applicable state priority, as specified, for all pupils and certain subgroups of pupils, and specific annual actions to achieve those goals. Existing law requires a charter school to annually update the goals and annual actions to achieve those goals, as specified. Existing law includes as one of the state priorities the extent to which pupils have access to, and are enrolled in, a broad course of study that includes certain subject areas.   This bill would add as a state priority the extent to which children have access to, and are enrolled in, quality preschool opportunities in the year before kindergarten, either through the prekindergarten program described above or other preschool programs. By requiring the governing board of each school district to include additional information in the local control and accountability plan, and requiring each charter school to include additional information in its annual goals, the bill would impose a state-mandated local program.   (3) 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.   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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 8236 of the   Education Code   is amended to read:  8236. (a) (1) Each applicant or contracting agency funded pursuant to Section 8235 shall give first priority to three- or four-year-old neglected or abused children who are recipients of child protective services, or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child's parent or guardian to local resource and referral services so that services for the child can be located. (2) Notwithstanding Section 8263, after children in the first priority category set forth in paragraph (1) are enrolled, each agency funded pursuant to Section 8235 shall give priority to eligible four-year-old children  who are not enrolled in a state-funded prekindergarten program pursuant to Article 22 (commencing with Section 8460)  before enrolling eligible three-year-old children. Each agency shall certify to the Superintendent that enrollment priority is being given to eligible four-year-old children.  (3) Four-year-old children enrolled in a state-funded prekindergarten program pursuant to Article 22 (commencing with Section 8460) shall be deemed eligible for supplemental education and care services through this article if they are also eligible for free and reduced-price lunch, Cal-Fresh or Medi-Cal programs, or if their family's adjusted monthly income is at or below 70 percent of the state median income, adjusted for family size, and adjusted annually.   (b) For California state preschool programs operating with funding that was initially allocated in a prior fiscal year, at least one-half of the children enrolled at a preschool site shall be four-year-old children. Any exception to this requirement shall be approved by the Superintendent. The Superintendent shall inform the Department of Finance of any exceptions that have been granted and the reasons for granting the exceptions.   (c) The following provisions apply to the award of new funding for the expansion of the California state preschool program that is appropriated by the Legislature for that purpose in any fiscal year:   (1)   (b)    In an application for  those   the award of new funding for the  expansion  funds,   of a California state preschool program that is appropriated by the Legislature for that purpose in any fiscal year,  an agency shall furnish the Superintendent with an estimate of the number of four-year-old and three-year-old children that it plans to serve in the following fiscal year with those expansion funds. The agency also shall furnish documentation that indicates the basis of those estimates.  (2) In awarding contracts for expansion pursuant to this subdivision, the Superintendent, after taking into account the geographic criteria established pursuant to Section 8279.3, and the headquarters preferences and eligibility criteria relating to fiscal or programmatic noncompliance established pursuant to Section 8261, shall give priority to applicant agencies that, in expending the expansion funds, will be serving the highest percentage of four-year-old children.   (d)   (c)  This section does not preclude a local educational agency from subcontracting with an appropriate public or private agency to operate a California state preschool program and to apply for funds made available for  the  purposes of this section. If a school district chooses not to operate or subcontract for a California state preschool program, the Superintendent shall work with the county office of education and other eligible agencies to explore possible opportunities in contracting or alternative subcontracting to provide a California state preschool program.  (e)   (d)  This section does not prevent eligible children who are  currently  receiving services from continuing to receive those services in future years pursuant to this chapter.  SEC. 2.   Article 22 (commencing with Section 8460) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the   Education Code   , to read:   Article 22. Prekindergarten 8460. The California Prekindergarten Program 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. (4) English language development for non-English speakers. (b) Provide an environment that is appropriate for the age, development, and linguistic abilities of the eligible children. (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. 8461. (a) (1) Notwithstanding any other provision of this chapter, and unless a school district or charter school proceeds under paragraph (2), from the 2015-16 to the 2018-19 school year, inclusive, a school district or charter school that offers kindergarten shall provide prekindergarten to at least the same number of children who satisfy the requirements of Section 8462 as the number of pupils that were enrolled in transitional kindergarten offered by the school district or charter school in the 2014-15 school year. (2) From the 2015-16 to the 2018-19 school year, inclusive, a school district or charter school that offers kindergarten may provide prekindergarten to all children who satisfy the requirements of Section 8462. (b) Commencing with the 2019-20 school year, a school district or charter school that offers kindergarten shall provide prekindergarten to all children who satisfy the requirements of Section 8462. 8461.5. (a) On or before July 1, 2015, each county superintendent of schools shall conduct a review of the level of access to kindergarten, prekindergarten, state preschool, and federal Head Start provided to eligible children within the county. The county superintendent of schools shall post the results of the review on its Internet Web site. (b) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. 8462. A child shall be eligible to attend prekindergarten if both of the following are met: (a) The child is eligible for free or reduced-price meals, as described in subdivision (a) of Section 42238.01. (b) The child is not eligible to enroll in a kindergarten school and, commencing with the 2015-16 school year, will have his or her fourth birthday on or before September 1 of the applicable school year. 8463. (a) Federal funding for preschool programs, and state funding annually appropriated in the Budget Act for the support of state preschool programs other than the program required by this article, shall be used to provide services for eligible three-, four-, and five-year-old children, including, but not limited to, augmenting prekindergarten to provide full-day, full-year learning and child care services for participants. (b) Prekindergarten funds shall supplement, and not supplant, federal and state funding for existing child care and development programs. 8464. Prekindergarten shall include both of the following elements to promote integration and alignment with the early learning and child care system and the elementary education system: (a) Use of those California Preschool Learning Foundations developed by the department that are determined based on research to be age and developmentally appropriate. (b) Use and implementation of curriculum frameworks, instructional materials, and developmental assessment tools that are aligned with the California Preschool Learning Foundations. 8465. (a) (1) All prekindergarten 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 multiple subject credential with an authorization to teach prekindergarten to grade 12, inclusive, in a self-contained classroom. (B) An elementary credential. (C) A single subject credential in home economics. (2) A teacher qualifying under 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, 2021. (b) On or before July 1, 2021, all prekindergarten classes shall be taught by a teacher who holds a bachelor degree and has earned at least 24 units in early childhood education, or child development, or a combination of both, and a teaching credential. (c) (1) On or before July 1, 2021, all prekindergarten paraprofessionals shall have a teacher permit issued by the Commission on Teacher Credentialing and at least 24 units in early childhood education, or child development, or a combination of both. (2) Paraprofessionals who were assigned to a transitional kindergarten classroom before July 1, 2015, shall be deemed to have met the requirements of paragraph (1). (d) All prekindergarten paraprofessionals shall be considered classified employees, except for child development personnel who are part of a certificated bargaining unit on July 1, 2014. (e) (1) Commencing with the 2015-16 school year, for purposes of compensation, including salary and benefits, prekindergarten teachers and paraprofessionals shall be considered full-time employees. (2) The provisions of paragraph (1) shall not apply to a collectively bargained agreement entered into on or before June 30, 2014. (3) Notwithstanding paragraph (1), if authorized by a collectively bargained agreement, a school district or charter school may use part-time prekindergarten teachers and part-time prekindergarten paraprofessionals. (f) (1) Prekindergarten classes of 20 or fewer children shall be staffed, at minimum, by one prekindergarten teacher and one prekindergarten paraprofessional. (2) Prekindergarten classes of 21 or more children shall be staffed, at minimum, by one prekindergarten teacher and two prekindergarten paraprofessionals. (3) Commencing with the 2019-20 school year, prekindergarten classes shall not exceed 24 children. 8466. 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 prekindergarten teachers and paraprofessionals, and the administrators who supervise them, that recommends the steps necessary to provide adequate opportunities and resources for existing and prospective early childhood educators to obtain the necessary qualifications on or before July 1, 2021. 8467. (a) Prekindergarten offered by a school district or charter school shall be eligible for school facilities funding. (b) Funds made available to public schools for joint use facilities may be used for prekindergarten. (c) When implementing prekindergarten pursuant to this article, a school district, to the greatest extent practicable, shall prioritize establishing prekindergarten classrooms at schoolsites that enroll pupils eligible for free and reduced-price meals, as described in subdivision (a) of Section 42238.01, in proportions higher than the districtwide average enrollment of pupils eligible for free and reduced-price meals before establishing prekindergarten classrooms at schoolsites that enroll those pupils in proportions lower than the districtwide average enrollment of those pupils. (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 facilities for prekindergarten. 8468. A school district or charter school offering prekindergarten shall receive a per child base grant per unit of average daily attendance, as computed pursuant to Section 46300, equal to the annual per pupil base grant provided for in subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02, as adjusted pursuant to paragraph (2) of subdivision (d) of Section 42238.02, plus an additional adjustment of 10.4 percent, a supplemental grant add-on, as computed pursuant to subdivision (e) of Section 42238.02, and a concentration grant add-on, as computed pursuant to subdivision (f) of Section 42238.02.   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  prekindergarten,  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 41303 of the   Education Code   is amended to read:  41303. The Superintendent shall report to the Controller, on or before the 20th day of October of each year, the total average daily attendance during the preceding fiscal year credited to all  prekindergarten,  kindergarten, including average daily attendance for transitional kindergarten, elementary, high school, and adult schools in the state and to county school tuition funds.  SEC. 5.   Section 52060 of the   Education Code   is amended to read:  52060. (a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. (b) A local control and accountability plan adopted by  a   the  governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. (c) A local control and accountability plan adopted by  a   the  governing board of a school district shall include, for the school district and each school within the school district, both of the following: (1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. (2) A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. (d) All of the following are state priorities: (1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair as specified in subdivision (d) of Section 17002. (2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to Section  60811.3   60811.3, as that section read on June 30, 2013,  for purposes of gaining academic content knowledge and English language proficiency. (3) Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. (4) Pupil achievement, as measured by all of the following, as applicable: (A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. (B) The Academic Performance Index, as described in Section 52052. (C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical educational standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. (D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. (E) The English learner reclassification rate. (F) The percentage of pupils who have passed an advanced placement examination with a score of  3   three  or higher. (G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. (5) Pupil engagement, as measured by all of the following, as applicable: (A) School attendance rates. (B) Chronic absenteeism rates. (C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. (D) High school dropout rates. (E) High school graduation rates. (6) School climate, as measured by all of the following, as applicable: (A) Pupil suspension rates. (B) Pupil expulsion rates. (C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. (7) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the program and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03.  (8) The extent to which children have access to, and are enrolled in, quality preschool opportunities in the year before kindergarten, either through a prekindergarten program established pursuant to Article 22 (commencing with Section 8460) of Chapter 2 of Part 6 of Division 1 of Title 1 or other preschool programs.   (8)  (9)  Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (e) For purposes of the descriptions required by subdivision (c),  a   the  governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. (f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. (g)  A   The  governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. (h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district's progress toward achieving those goals.  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.  All matter omitted in this version of the bill appears in the bill as amended in the Senate, Aprill 22, 2014. (JR11)