Bill Text: CA SB837 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Early childhood education: professional development.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-14 - Set, second hearing. Held under submission. [SB837 Detail]

Download: California-2013-SB837-Amended.html

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BILL NUMBER: SB 837	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2014
	AMENDED IN SENATE  APRIL 2, 2014

INTRODUCED BY   Senators Steinberg, Beall, Block, De León,
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.



	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.
State-mandated 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.