State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 48005.10-48005.55

EDUCATION CODE
SECTION 48005.10-48005.55



48005.10.  (a) This article shall be known, and may be cited, as the
Kindergarten Readiness Pilot Program.
   (b) The Legislature hereby finds and declares the following:
   (1) The available data indicate all of the following:
   (A) By changing the age at which children generally enter
kindergarten, California's children will be better prepared to enter
into the academic environment that is required by the California
content standards for kindergarten.
   (B) Success in school is often related to socioeconomic status,
English language fluency at school entry, and access to preschool. By
providing a kindergarten readiness program for the children most at
risk for low performance and delaying entry to allow all children
time to become more developmentally ready to learn, pupils are more
likely to succeed in school.
   (C) Comparisons between California pupils and pupils in other
states on national achievement tests in the later grades are likely
to be more equitable if the entry age of California pupils is more
closely aligned to that of most other states.
   (D) Children who have attended an educationally based kindergarten
readiness program, including, but not limited to, a quality state
preschool, Head Start, or kindergarten readiness program, are better
prepared academically and socially for the existing kindergarten
curriculum, as reflected by the state adopted standards.
   (2) The purpose of the pilot project established pursuant to this
article is intended to test these data.
   (3) For participating school districts, the change in enrollment
required pursuant to this article will result in a decrease in the
number of pupils enrolled in kindergarten classes for the class
entering kindergarten in the 2006-07 school year. Thus, it is
estimated that in participating school districts there will be a 25
percent decrease in the enrollment of the kindergarten class in the
initial year of implementation.
   (4) The school district revenue related provision of this article
in Section 48005.30 is intended to fully fund participation in the
program and provide an incentive to participate.



48005.11.  A charter school is eligible to receive funding pursuant
to this article. As a condition of receiving that funding, the
charter school shall comply with all the requirements of this
article. For purposes of this article, "school districts" means
school districts or charter schools.



48005.13.  (a) The Superintendent of Public Instruction shall
establish and administer the Kindergarten Readiness Pilot Program to
permit school districts to provide opportunities for children to
enhance their readiness for kindergarten, thereby increasing their
likelihood for future academic success.
   (b) The Superintendent of Public Instruction shall convene an
advisory panel to assist the department in developing its request for
proposals, and in evaluating and selecting the proposals submitted
to the department. The advisory panel shall include, but need not be
limited to, a representative of each of the following:
   (1) The Department of Finance.
   (2) The Legislature.
   (3) The California Research Bureau.
   (4) The Legislative Analyst.
   (5) The State Board of Education.
   (6) The Secretary for Education.
   (c) By February 1, 2006, the superintendent shall notify
elementary and unified school districts maintaining kindergarten
about the existence of this program, shall notify them about the
procedures for participation, and shall request proposals for
participation.
   (d) Participation in the program by a school district shall be
voluntary.
   (e) A school district that elects to participate in the program
shall apply to the Superintendent of Public Instruction by May 1,
2006, upon forms adopted by the superintendent for this purpose.
   (f) The Superintendent of Public Instruction, with the advice of
the advisory panel, and in consultation with the Secretary for
Education, shall select participants from the group of applicants.
The Superintendent of Public Instruction shall give priority to
applicant school districts that are representative of the diversity
of pupils and of the various types of school districts within the
state. The Superintendent of Public Instruction shall also give
priority to unified school districts.
   (g) This article does not prohibit a school district from
implementing the program in selected schools within the district if
adequate records are kept to substantiate the accuracy of the
declining enrollment incentive and limits on prekindergarten
instruction funding provided pursuant to Section 48005.30.



48005.15.  By July 1, 2006, each participant school district shall
enter into an agreement with the Superintendent of Public Instruction
setting forth the requirements under the program, including, but not
limited to, all of the following:
   (a) The participating school district shall make a reasonable
effort to identify parents and guardians of children from three to
five years of age who reside within the school district and to
provide the parents and guardians with information regarding, and
access to, services, programs, or methods, to assist them in
assessing the level of readiness of a child to enter school.
   (b) The effort set forth in subdivision (a) shall include, but
need not be limited to, information regarding available care
services, preschool programs, and educationally based kindergarten
readiness programs. The school district may coordinate this effort
with local parent-teacher organizations.
   (c) "Reasonable effort" as used in this subdivision does not
require that the school district individually contact every potential
parent who resides within the school district.
   (d) The school district shall provide assistance to parents or
guardians who request assistance regarding activities that parents
may initiate in preparing children for school.
   (e) At a minimum, participating school districts shall supply
parents or guardians with written readiness guidelines developed by
the department.
   (f) Assistance provided pursuant to this section shall be based on
generally accepted child development theory and may include
information related to social and development readiness and
professional consultations with teachers and school administrators.
   (g) The participating school district shall make a reasonable
effort to collect data and make it available to the independent
evaluator, as specified in Section 48005.45.



48005.20.  (a) Participating school districts shall offer enrollment
in a kindergarten readiness program to eligible children in order to
receive funding pursuant to this article. Participation by parents
and children in a kindergarten readiness program shall be voluntary.
   (b) If the school district implements the program districtwide, it
shall offer a kindergarten readiness program to any eligible child
who pre-enrolls in kindergarten and may offer it to eligible children
who do not pre-enroll. If a school district implements the program
in selected schools within the district, it shall offer a
kindergarten readiness program to any eligible child residing within
the attendance boundary of the school who pre-enrolls in kindergarten
and may offer it to eligible children residing within the attendance
boundary of the school who do not pre-enroll.
   (c) For purposes of this article, an eligible child is any child
residing in the attendance boundary of a school or school district,
as applicable, who will become eligible to enter kindergarten in the
following year pursuant to Section 48005.25.
   (d) Priority for enrollment in a kindergarten readiness program
shall be provided to any child residing within the attendance
boundary of the school or school district, as applicable, who has not
previously attended a public or private preschool program.
   (e) The kindergarten readiness program offered by a school
district pursuant to this section shall consist solely of components
designed to enhance the skills that are necessary for success in
later education and shall include, but need not be limited to, all of
the following:
   (1) A program of sufficient duration and at times that reasonably
allow participating children to attend at least 110 hours of
kindergarten readiness activities and instruction.
   (2) Programs that assist pupils in developing the motor and
cognitive skills, including, but not limited to, language
development, required to be successful in kindergarten.
   (3) Activities that socialize pupils to the discipline of the
school environment.



48005.25.  (a) Notwithstanding any law, including, but not limited
to, Section 48000, for the 2006-07 school year, and each school year
thereafter in which a school district continues to participate in the
program, the school district shall offer admission to kindergarten
at the beginning of the school year, or at a later time in the same
school year, only to children who will have their fifth birthday on
or before September 1 of that school year. For a school district that
is not implementing the pilot project authorized by this article on
a districtwide basis, this subdivision applies only to children whose
residence is in the regular attendance boundary of a participating
school or who would otherwise attend that school under school
assignment policies established in the school year prior to
implementation of this pilot program.
   (b) Notwithstanding any law, including, but not limited to,
Section 48010, for the 2007-08 school year, and each school year
thereafter in which a school district continues to participate in the
program, a school district shall offer admission to first grade at
the beginning of the school year, or at a later time in the same
school year, only to children who will have their sixth birthday on
or before September 1 of that school year. Kindergarten may not be a
prerequisite for enrollment in first grade pursuant to this article.
For a school district that is not implementing the pilot project
authorized by this article on a districtwide basis, this subdivision
applies only to children whose residence is in the regular attendance
boundary of a participating school or who would otherwise attend
that school under school assignment policies established in the
school year prior to implementation of this pilot program.
   (c) Notwithstanding subdivisions (a) and (b), the governing board
of each school district participating in this program shall adopt a
policy to allow, for good cause, admission of a child to kindergarten
or to the first grade at the beginning of a school year in which the
child's birthday will be after September 1, or at a later time in
the same school year. It is the intent of the Legislature that this
subdivision authorize rare exceptions for only the most gifted and
socially mature children. Therefore, exceptions are limited to no
more than the greater of either one child or the number of children
determined by multiplying .01 times the prior school year second
principal apportionment average daily attendance in kindergarten
within the participating school district or the school implementing
the program, as applicable. A school or school district may not
exceed this limitation without specific written approval from the
Superintendent of Public Instruction upon consideration of a
statement by the school or school district of the circumstances that
meet the legislative intent regarding this subdivision.




48005.30.  (a) For the 2006-07 to 2012-13 school years, inclusive,
the Superintendent of Public Instruction shall allocate a grant of
funds for a participating school district for each year of
participation to cover the costs of developing and operating the
school district kindergarten readiness program, including, but not
limited to, the costs of administration and the costs associated with
services provided to parents and children in the program. For any
participating school district, annual funding is subject to the
limitations and requirements of this subdivision and may not exceed
the per-pupil amount nor the total amount computed as follows:
   (1) Five dollars ($5) per hour for each hour of attendance for
each child participating in the kindergarten readiness program up to
a maximum of 150 hours of attendance for each child. The amount per
hour shall be adjusted annually, commencing with the 2007-08 school
year for the inflation adjustment calculated pursuant to subdivision
(b) of Section 42238.1.
   (2) For purposes of total funding to a participating school
district, the amount claimed may not exceed an amount equivalent to
multiplying the amount in paragraph (1) by a number equal to 50
percent of the entire kindergarten second principal apportionment
average daily attendance for the 2005-06 school year of the school
district or, in a school district that is not implementing the pilot
project authorized by this article on a districtwide basis, by a
number equal to 50 percent of the kindergarten second principal
apportionment average daily attendance for the 2005-06 school year of
the schools in the district that are implementing the program.
   (b) For the 2006-07 school year, the Superintendent of Public
Instruction shall allocate a one-time incentive grant to enhance
transition of the school district for the reduced attendance that
results from the program, to be determined by multiplying one-fourth
of the kindergarten average daily attendance for the 2005-06 school
year by the school district's base revenue limit per unit of average
daily attendance. If a school district does not implement the program
districtwide, this one-time incentive shall be determined by
multiplying one-fourth of the specific portion of the district's
kindergarten average daily attendance for the 2005-06 school year
contributed by the implementing school or schools by the school
district's base revenue limit per unit of average daily attendance.
   (c) A participating school district that does not implement the
program on a districtwide basis shall provide to the Superintendent
of Public Instruction a statement certifying the following:
   (1) The second principal apportionment average daily attendance in
the implementing schools for the 2005-06 school year. The school
district shall maintain these records for audit purposes. The
Superintendent of Public Instruction may request documentation of the
second principal apportionment average daily attendance in schools
implementing the program as deemed necessary to enforce the funding
limits of this article.
   (2) Attendance boundaries for the schools implementing the program
will remain the same as they existed in the 2005-06 school year
through the duration of the program, unless the district submits an
application to and receives approval from the State Board of
Education. The State Board of Education shall only consider
applications for attendance boundary changes for participating
schools in cases where significant population changes necessitate the
opening of new schools or the closing of existing schools. In order
to preserve the integrity of the evaluation required by this article,
it is the intent of the Legislature that a school district applying
to participate in the program on a less than districtwide basis avoid
implementation of the program in schools that can reasonably be
foreseen to be subject to boundary changes within the timeframe of
the pilot program authorized in this article. The State Board of
Education may not approve boundary changes that do not meet the
requirements and intent of this paragraph.
   (3) The district has established procedures that restrict
attendance in nonparticipating schools of the district for children
residing in the attendance boundaries of the schools implementing the
program.
   (d) Total incentive funding for reduced second principal
apportionment average daily attendance provided pursuant to this
article shall be subject to a statewide maximum funding level equal
to the equivalent of 2,300 full annual units of average daily
attendance multiplied by the statewide average school district
revenue limit for the 2006-07 fiscal year as determined by the
Department of Finance.



48005.33.  The State Allocation Board shall adopt regulations to
ensure that school districts are not adversely affected with regard
to access to state funding for school facilities pursuant to the
Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5
(commencing with Section 17070.10) of Part 10) due to loss of
enrollment based upon participation in this program.



48005.35.  (a) A school district kindergarten readiness program
operated pursuant to this article is exempt from the requirements of
the Class Size Reduction Program (Ch. 6.10 (commencing with Sec.
52150), Pt. 28) and the regulations adopted by the Superintendent of
Public Instruction pursuant to Section 8261 if the program meets
kindergarten staffing and safety requirements.
   (b) Notwithstanding any other law, including, but not limited to,
subdivision (a) of Section 17285, a commercial building that does not
meet the requirements of Section 17280, that is leased to a school
district may, until January 1, 2007, be used as a classroom in order
to accommodate programs under this article if the governing board of
the school district finds that conditions of subdivision (b) of
Section 17285 have been met.
   (c) Any teacher participating in the kindergarten readiness
program shall hold a permit or credential issued by the Commission on
Teacher Credentialing that authorizes instruction in kindergarten or
child care and development.



48005.45.  (a) The Superintendent of Public Instruction shall, by
June 1, 2007, contract for an independent longitudinal evaluation
regarding the effects of the change in the entry age for kindergarten
and first grade pursuant to this article. In selecting the
independent evaluator, awarding the contract pursuant to this
section, and in monitoring performance under the contract, the
Superintendent of Public Instruction shall consult with the advisory
panel convened pursuant to subdivision (b) of Section 48005.13.
   (b) The evaluation shall be based upon samples of sufficient size
and diversity to allow results to be reported separately for pupils
of different ethnicity, socioeconomic status, and primary language,
and results of the evaluation shall be so reported.
   (c) The primary purpose of the evaluation is to determine whether
this entry age change results in improved readiness for school and an
improvement in academic achievement among participating children.
   (d) The evaluation shall use representative sampling to identify
the change's effects on all of the following:
   (1) Academic achievement, as measured by standardized tests, as
compared with pupils not participating in the program.
   (2) Behavioral problems, as measured by objective data including,
but not limited to, suspension and expulsion rates, as compared with
pupils not participating in the program.
   (3) Academic problems, as measured by referrals to special
education and remedial programs, as compared with pupils not
participating in the program.
   (4) Age of kindergarten entry and previous educationally based
preschool experience, including, but not limited to, access to child
care and preschool by parents or guardians.
   (5) Overall retention rates in kindergarten and in subsequent
grades.
   (6) Participation in remedial, supplemental, or summer school
programs.
   (7) Class size.
   (8) Number of pupils participating in kindergarten.
   (9) Number of pupils participating in the kindergarten readiness
programs.
   (10) Differences, if any, between programs with full preschool
participation, and those with partial or no preschool.
   (11) Child care difficulties caused by the admission age change.
   (12) Demographic breakdown of participants and nonparticipants,
including, but not limited to, socioeconomic and ethnic demographics.
   (13) Facilities difficulties, if any, encountered by participating
school districts.
   (14) The ability of parents to gain access to the program,
disaggregated by ethnic, primary language, and socioeconomic status.
   (e) It is the intent of the Legislature that funding for this
evaluation be included in the Budget Act or a bill related to the
Budget Act. It is the intent of the Legislature to subsequently
increase the number of hours funded for the kindergarten readiness
program if the reports pursuant to this section indicate that the
increase would be beneficial.
   (f) (1) The independent evaluator shall report to the Legislature,
the Governor, the Superintendent of Public Instruction, the State
Board of Education, and the Secretary for Education.
   (2) The initial report shall be filed by June 1, 2009. The interim
report shall be filed by January 1, 2011. The final report shall be
filed by January 1, 2012.



48005.50.  (a) The sum of one hundred thousand dollars ($100,000) is
hereby appropriated from the General Fund to the Office of the
Superintendent of Public Instruction for a statewide public
information campaign to notify school districts and parents of the
availability and goals of the Kindergarten Readiness Pilot Program as
necessary and for other state operations costs to implement this
article in a timely manner.
   (b) The State Board of Education may adopt regulations related to
the administration of the article and the distribution of funding for
purposes of this article. The regulations shall preserve the
flexibility of school districts to design and operate kindergarten
readiness programs within the parameters established by this article.



48005.55.  This article shall become inoperative on July 1, 2013,
and, as of January 1, 2014, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2014, deletes
or extends the dates on which it becomes inoperative and is
repealed.