Bill Text: CA AB1719 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Kindergarten: evaluation and annual reporting.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 723, Statutes of 2014. [AB1719 Detail]

Download: California-2013-AB1719-Amended.html

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BILL NUMBER: AB 1719	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly  Member   Buchanan
  Members   Weber   and Buchanan 

                        FEBRUARY 13, 2014

    An act to amend Section 51200 of the Education Code,
relating to school curriculum.   An act to amend Section
37202 of, to amend and repeal Sections 8973, 46111, 46117, 46118,
and 46119 of, and to amend, repeal, and add Sections 46112 and 46114
of, the Education Code, relating to kindergarten. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1719, as amended,  Buchanan   Weber 
.  School curriculum: required courses of study. 
 Full-day kindergarten.  
   Existing law provides that school districts offering kindergarten
may maintain kindergarten classes at different schoolsites for
different lengths of time.  
   This bill would require, commencing with the 2017-18 school year,
school districts offering kindergarten to implement a full-day
kindergarten program, thereby imposing a state-mandated local
program. The bill would permit a school to postpone implementation of
a full-day kindergarten if its governing board approves the
postponement. The bill would require the governing board of the
school district to submit the reasons for the postponement to the
State Department of Education within one month of the vote. The bill
would provide that a minimum schoolday for full-day kindergarten is
230 minutes, as specified. The bill would provide that a school
district that has postponed implementation of the full-day
kindergarten requirement has a minimum schoolday of 180 minutes.
 
   This bill also would make conforming changes to other provisions
of existing law.  
    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 prescribes the required courses of study for grades 1
to 12, inclusive.  
   This bill would make a nonsubstantive change in those provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) All California public school kindergarten pupils deserve the
opportunity to maximize their growth, development, and success at
this critical time in their developmental process.  
   (b) Full-day kindergarten provides this opportunity through a
longer instructional day that has proven to be successful where it
has been implemented. School districts can obtain an example of an
extended kindergarten curriculum to help them more easily transition
to the program. One example curriculum that was designed for a
full-day kindergarten program is available through the Los Angeles
Unified School District, which has already implemented a full-day
program.  
   (c) Full-day kindergarten should provide time to meet the
developmentally based instructional needs of the whole child. It
should encompass all curricular areas, including visual and
performing arts and physical education, as outlined in the state
adopted curriculum frameworks.  
   (d) In addition, full-day kindergarten must be a priority for
school districts and reserving or obtaining space for the full-day
kindergarten program must take precedence over all nonclass
requirements.  
   (e) However, some school districts may face difficulties in
transitioning to a full-day kindergarten program and these school
districts must be provided with the necessary time to achieve
readiness. 
   SEC. 2.    Section 8973 of the   Education
Code   is amended to read: 
   8973.   (a)    Notwithstanding any other
 provision of  law, the kindergarten schoolday in an
early primary program conducted pursuant to Section 8972 may exceed
four hours, exclusive of recesses, provided that both of the
following conditions are met: 
   (a) 
    (1)  The governing board of a school district declares
that the extended-day kindergarten program does not exceed the length
of the primary schoolday. 
   (b) 
    (2)  The extended-day kindergarten program takes into
account ample opportunity for both active and quiet activities within
an integrated, experiential, and developmentally appropriate
educational program. 
   (b) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed. 
   SEC. 3.    Section 37202 of   the  
Education Code   is amended to read: 
   37202.  (a) Except if a school has been closed by order of a city
or a county board of health, or of the State Board of Health, on
account of contagious disease, or if the school has been closed on
account of fire, flood, or other public disaster, the governing board
of a school district shall maintain all of the elementary day
schools established by it for an equal length of time during the
school year and all of the day high schools established by it for an
equal length of time during the school year.
   (b) Notwithstanding subdivision (a), a school district that is
implementing an early primary program, pursuant to Chapter 8
(commencing with Section 8970) of Part 6, may maintain kindergarten
classes at different schoolsites within the district for different
lengths of time during the  schoolday.  
schoolday, except as provided in subdivision (c).  
   (c) Commencing with the 2017-2018 school year, each school
district shall implement a full-day kindergarten program.  
   (d) A school district that determines that it cannot comply with
requirement in subdivision (c) may, after deliberation and vote of
its governing board, postpone the requirement of subdivision (c). The
reasons for the postponement, if approved by the governing board of
the school district, shall be submitted to the department within one
month of the vote.  
   (e) For purposes of this section, "full-day kindergarten" means,
except as otherwise provided in this chapter, instruction provided
for a minimum of 230 minutes per schoolday, exclusive of noon
intermissions, but inclusive of recesses, in accordance with Section
46115.  
   (f) It is the intent of the Legislature that the governing board
of a school district develop the implementation plan for full-day
kindergarten pursuant to this section in consultation with affected
employee representatives and parents. 
   SEC. 4.    Section 46111 of the   Education
Code   is amended to read: 
   46111.  (a) (1)  No   A  pupil in a
kindergarten shall  not  be kept in school in any day more
than four hours exclusive of  recesses  
recesses,  except for pupils in Early Primary Programs, as set
forth in Chapter 8 (commencing with Section 8970) of Part 6.
   (2) A pupil in a kindergarten in a school operating on a program
of multitrack year-round scheduling pursuant to subdivision (a) of
Section 37670 may be kept in school on any day for 265 minutes of
instruction, exclusive of recesses.
   (b) This section  shall   does  not
apply to the Pasadena Unified School District or counties of the
third class as determined pursuant to Section 28024 of the Government
Code, as it read on January 1, 1977.
   (c) This section  shall   does  not
apply to  a pupil of  the San Bernardino Unified School
District  with regard to any pupil of that district 
who is determined by the principal of the school in which that pupil
is enrolled, pursuant to testing, teacher recommendation, or both,
to be developmentally and academically suited for  the
  a  longer instructional day. 
   (d) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed. 
   SEC. 5.    Section 46112 of the   Education
Code   is amended to read: 
   46112.   (a)    The minimum schoolday in grades
1, 2, and 3 in elementary schools, except in opportunity schools,
classes, or programs, is 230 minutes, except  where 
 if  the governing board of a school district has
prescribed a shorter length for the schoolday because of lack of
school facilities  which   that requires
double sessions, in which case the minimum schoolday in  such
  those  grades shall be 200 minutes. 
   (b) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed. 
   SEC. 6.    Section 46112 is added to the  
Education Code   , to read:  
   46112.  (a) The minimum schoolday in grades 1, 2, and 3 in
elementary schools, except in opportunity schools, classes, or
programs, is 230 minutes, except if the governing board of a school
district has prescribed a shorter length for the schoolday because of
lack of school facilities that requires double sessions, in which
case the minimum schoolday in those grades is 200 minutes.
   (b) The minimum schoolday in kindergarten in elementary schools is
230 minutes, except where the governing board of a school district
has voted to postpone that minimum schoolday pursuant to subdivision
(d) of Section 37202, in which case the minimum schoolday in
kindergarten shall be 180 minutes.
   (c) This section shall become operative on July 1, 2017. 
   SEC. 7.    Section 46114 of the   Education
Code   is amended to read: 
   46114.  (a) The minimum schoolday in  a kindergarten
implementing the full-day kindergarten program required by
subdivisions (c) and (e) of Section 37202 and in  grades 1, 2,
and 3 in elementary schools may be computed by determining the number
of minutes of attendance in any 10 consecutive schooldays and
dividing that number by 10. If the resulting quotient is 230 or more,
the pupils shall be deemed to have complied with Section 46112, even
if the number of minutes attended in any one schoolday is less than
230, but not less than 170.
   (b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in
elementary schools may be computed by determining the number of
minutes of attendance in any 10 consecutive schooldays and dividing
that number by 10. If the resulting quotient is 240 or more, the
pupils shall be deemed to have complied with Section 46113, even if
the number of minutes attended in any one schoolday is less than 240,
but not less than 180.
   (c) The minimum schoolday in kindergarten in elementary schools
 that are not implementing the full-day kindergarten program
required by subdivision (c) of Section 37202  may be computed by
determining the number of minutes of attendance in any 10
consecutive schooldays and dividing that number by 10. If the
resulting quotient is 180 or more, pupils shall be deemed to have
complied with Section 46117, even if the number of minutes attended
in any one schoolday is less than 180, but not less than 60. 

   No 
    (d)     A  computation authorized by
this section shall  not  result in any increase in state
apportionments. 
   (e) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed. 
   SEC. 8.    Section 46114 is added to the  
Education Code   , to read:  
   46114.  (a) The minimum schoolday in kindergarten and grades 1, 2,
and 3 in elementary schools may be computed by determining the
number of minutes of attendance in any 10 consecutive schooldays and
dividing that number by 10. If the resulting quotient is 230 or more,
the pupils shall be deemed to have complied with Section 46112, even
if the number of minutes attended in any one schoolday is less than
230, but not less than 170.
   (b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in
elementary schools may be computed by determining the number of
minutes of attendance in any 10 consecutive schooldays and dividing
that number by 10. If the resulting quotient is 240 or more, the
pupils shall be deemed to have complied with Section 46113, even if
the number of minutes attended in any one schoolday is less than 240,
but not less than 180.
   (c) The computation authorized by this section shall not result in
any increase in state apportionments.
   (d) This section shall become operative on July 1, 2017. 
   SEC. 9.    Section 46117 of the   Education
Code   is amended to read: 
   46117.   (a)    The minimum schoolday for
 pupils   a pupil  in 
kindergartens   a kindergarten other than a kindergarten
that  is  implementing the full-day kindergarten program
required by subdivision (c) of Section 37202 is  180 minutes
inclusive of recesses, and  no units   a unit
 of average daily attendance shall  not  be credited
for attendance in kindergarten classes if the minimum schoolday of
 such   those  classes is less than 180
minutes. 
   (b) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed. 
   SEC. 10.    Section 46118 of the   Education
Code   is amended to read: 
   46118.   (a)    A single-session kindergarten
class shall meet all of the following criteria: 
   (a) 
    (1)  The class is maintained for a minimum of 180
minutes per  schoolday.   schoolday, unless the
kindergarten is implementing the full-day kindergarten program
required by subdivision (c) of Section 37202.  
   (b) 
    (2)  The kindergarten class teacher is assigned to only
one session of kindergarten daily as a principal teacher. 
   (c) 
    (3)  The kindergarten teacher is a full-time
certificated employee. 
   (d) 
    (4)  The kindergarten teacher shall be available for
assistance or assignment in the instructional program of the primary
grades when not involved in the kindergarten program. 
   (b) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed. 
   SEC. 11.    Section 46119 of the   Education
Code   is amended to read: 
   46119.   (a)    The governing board of a school
district  which   that  has fewer than 40
pupils enrolled in kindergarten classes may  make application
  apply  to the Superintendent  of Public
Instruction requesting   for  approval to maintain
two kindergarten classes of 150 minutes each inclusive of recesses on
the same day  which   that  are taught by
the same teacher. The average daily attendance for  such
  those  classes shall be adjusted by a
multiplication factor of 0.500. 
   (b) This section shall become inoperative on July 1, 2017, and as
of January 1, 2018, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2018, deletes or extends
the dates on which it becomes inoperative and is repealed. 
   SEC. 12.    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.  
  SECTION 1.    Section 51200 of the Education Code
is amended to read:
   51200.  Except as otherwise provided, the provisions contained in
this chapter are the requirements for courses of study in grades 1 to
12, inclusive.