Bill Text: CA AB1967 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Pupil admission: kindergarten and first grade.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB1967 Detail]

Download: California-2009-AB1967-Amended.html

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BILL NUMBER: AB 1967	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2010

INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 17, 2010

    An act to amend Sections 48000 and 48010 of, and to add
Sections 14022.7 and 42238.31 to,   An act to amend,
repeal, and add Sections 48000 and 48010 of  the Education Code,
relating to pupil admission.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1967, as amended, Mendoza. Pupil admission: kindergarten and
first grade.
   (1) Existing law requires that a child be admitted to kindergarten
at the beginning of a school year, or at any time later in the same
year if the child will have his or her 5th birthday on or before
December 2 of that school year. An elementary school is required to
admit a child to the first grade during the first month of a school
year if the child will have his or her 6th birthday on or before
December 2 of that school year.
   This bill would change the required birthday for  admission to
 kindergarten  and first grade admission to November 2
for   to September 1 commencing with  the 2012-13
school year,  October 2 for the 2013-14 school year, and
September 2 for the 2014-15 school year and each school year
thereafter   and for admission to first grade to
September 1 commencing with the 2013-14 school year. The bill,
commencing with the 2012-13 school year, would authorize a child who
will have his or her 5th birthday between September 2 and December 2
to be admitted to a prekindergarten maintained by the school district
and would require the Superintendent of Public Instruction to
allocate to a school district that maintains a prekindergarten
program an amount equal to the revenue limit amount that the district
would have received for the attendance of these pupils if they wo
  uld have been eligible to attend kindergarten that year
pursuant to the law governing admission to kindergarten as it read on
January 1, 2012  . To the extent those changes establish new
administrative duties on the governing boards of school districts in
implementing the changes, they would impose a state-mandated local
program. 
   (2) Existing law sets forth a method for computing the state aid
portion of the amount of revenue limit per unit of average daily
attendance moneys to be allocated to school districts each fiscal
year. Existing law also sets forth a method for computing the average
daily attendance of pupils for this purpose. Section 8 of Article
XVI of the California Constitution (Proposition 98) sets forth a
formula for computing the minimum amount of General Fund revenues
that the state is required to appropriate for the support of school
districts, as defined, and community college districts for each
fiscal year. That formula is adjusted in certain fiscal years for
changes in pupil enrollment.  
   This bill, in order to compensate school districts for the loss in
average daily attendance resulting from changing the age at which
children are required to be admitted to kindergarten, would increase
the number of units of average daily attendance (ADA) computed for a
school district for the purpose of computing the revenue limit of the
school district for each of the 2012-13 to 2026-27 fiscal years,
inclusive, according to a specified formula.  
   The bill would require that, in calculating "changes in enrollment"
between each of the 2011-12 to 2026-27 fiscal years, inclusive, and
the fiscal year immediately preceding each of those fiscal years for
purposes of paragraph (2) or (3) of subdivision (b) of Section 8 of
Article XVI of the California Constitution, the computation of ADA
for each of the 2012-13 to 2026-27 fiscal years, inclusive, shall
include the total statewide number of units of ADA computed for those
fiscal years to compensate school districts for the loss in ADA
resulting from this bill.  
   (3) 
    (2)  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 48000 of the  
Education Code   is amended to read: 
   48000.  (a) A child shall be admitted to a kindergarten at the
beginning of a school year, or at any later time in the same year if
the child will have his or her fifth birthday on or before December 2
of that school year.
   A child who will have his or her fifth birthday on or before
December 2 may be admitted to the prekindergarten summer program
maintained by the school district for pupils who will be enrolling in
kindergarten in September.
   (b) The governing board of any school district maintaining one or
more kindergartens may, on a case-by-case basis, admit to a
kindergarten a child having attained the age of five years at any
time during the school year with the approval of the parent or
guardian, subject to the following conditions:
   (1) The governing board determines that the admittance is in the
best interests of the child.
   (2) The parent or guardian is given information regarding the
advantages and disadvantages and any other explanatory information
about the effect of this early admittance. 
   (c) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 2.    Section 48000 is added to the  
Education Code   , to read:  
   48000.  (a) Commencing with the 2012-13 school year, a child shall
be admitted to a kindergarten at the beginning of a school year, or
at any later time in the same year if the child will have his or her
fifth birthday on or before September 1 of that school year.
   (b) Commencing with the 2012-13 school year, a child may be
admitted at the beginning of a school year or at any later time in
that same year to a prekindergarten maintained by a school district
if the child will have his or her fifth birthday between September 2
and December 2 of that school year. The Superintendent shall allocate
to a school district that maintains a prekindergarten program
pursuant to this subdivision an amount equal to the revenue limit
amount that would have been allocated to the district for the
kindergarten attendance of these pupils if they would have been
eligible to attend kindergarten pursuant to this section as it read
on January 1, 2012. Pupils who attend a prekindergarten program
pursuant to this subdivision are eligible to attend a kindergarten
program the following school year, as specified in subdivision (a).
   (c) The governing board of any school district maintaining one or
more kindergartens may, on a case-by-case basis, admit to a
kindergarten a child having attained the age of five years at any
time during the school year with the approval of the parent or
guardian, subject to the following conditions:
   (1) The governing board 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. 
   SEC. 3.    Section 48010 of the   Education
Code   is amended to read: 
   48010.   (a)  A child shall be admitted to the first
grade of an elementary school during the first month of a school year
if the child will have his or her sixth birthday on or before
December 2nd of that school year. For good cause, the governing board
of a school district may permit a child of proper age to be admitted
to a class after the first school month of the school term. 
   (b) This section 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.

   SEC. 4.    Section 48010 is added to the  
Education Code   , to read:  
   48010.  Commencing with the 2013-14 school year, a child shall be
admitted to the first grade of an elementary school during the first
month of a school year if the child will have his or her sixth
birthday on or before September 1 of that school year. For good
cause, the governing board of a school district may permit a child of
proper age to be admitted to a class after the first school month of
the school term.  
  SECTION 1.    Section 14022.7 is added to the
Education Code, to read:
   14022.7.  (a) Notwithstanding any other law, in calculating
"changes in enrollment" between each of the 2011-12 to 2026-27 fiscal
years, inclusive, and the fiscal year immediately preceding each of
those fiscal years under this article for purposes of paragraph (2)
or (3) of subdivision (b) of Section 8 of Article XVI of the
California Constitution, the computation of average daily attendance
for each of the 2012-13 to 2026-27 fiscal years, inclusive, shall
include the total statewide number of units of average daily
attendance computed for those fiscal years pursuant to Section
42238.20.
   (b) Notwithstanding any other law, in calculating "changes in
enrollment" between the 2026-27 fiscal year and the 2027-28 fiscal
year under this article for purposes of paragraph (2) or (3) of
subdivision (b) of Section 8 of Article XVI of the California
Constitution, the computation of average daily attendance for the
2026-27 fiscal year shall include the total statewide number of units
of average daily attendance computed for that fiscal year pursuant
to Section 42238.20.  
  SEC. 2.    Section 42238.31 is added to the
Education Code, to read:
   42238.31.  (a) In order to compensate school districts for the
loss in average daily attendance resulting from changing the age at
which children are required to be admitted to kindergarten pursuant
to Section 48000, the number of units of average daily attendance
computed for a school district pursuant to Section 42238.5 for the
purpose of computing the revenue limit of the school district
pursuant to Section 42238 shall be increased for each of the 2012-13
to 2026-27 fiscal years, inclusive, as follows:
   (1)  For each of the 2012-13 to 2026-27 fiscal years, inclusive,
determine the total number of units of average daily attendance
generated for the current fiscal year by pupils enrolled in the
classes of pupils who entered kindergarten in the 2012-13, 2013-14,
and 2014-15 school years.
   (2) Multiply the number determined in paragraph (1) by 1.0909.
   (b) The number of units of average daily attendance computed
pursuant to Section 42238.5 shall be increased pursuant to
subdivision (a) for those classes of pupils who entered kindergarten
in each of the 2012-13, 2013-14, and 2014-15 school years, as those
classes move from kindergarten to grade 12, as follows:
   (1) School districts having a kindergarten and grades 1 to 12,
inclusive, shall increase the number of units of average daily
attendance generated by the classes of pupils who entered into
kindergarten in each of the 2012-13, 2013-14, and 2014-15 school
years, for each of the 2012-13 to 2026-27 fiscal years, inclusive.
   (2) Elementary school districts having a kindergarten and grades 1
to 8, inclusive, shall increase the number of units of average daily
attendance generated by the classes of pupils who entered into
kindergarten in each of the 2012-13, 2013-14, and 2014-15 school
years, for each of the 2012-13 to 2022-23 fiscal years, inclusive.
   (3) High school districts having grades 9 to 12, inclusive, shall
increase the number of units of average daily attendance generated by
the classes of pupils who entered into kindergarten in each of the
2012-13, 2013-14, and 2014-15 school years, for each of the 2021-22
to 2026-27 fiscal years, inclusive.
   (4) Elementary school districts having a kindergarten and grades 1
to 6, inclusive, shall increase the number of units of average daily
attendance generated by the classes of pupils who entered into
kindergarten in each of the 2012-13, 2013-14, and 2014-15 school
years, for each of the 2012-13 to 2020-21 fiscal years, inclusive.
   (5) High school districts having grades 7 to 12, inclusive, shall
increase the number of units of average daily attendance generated by
the classes of pupils who entered into kindergarten in each of the
2012-13, 2013-14, and 2014-15 school years, for each of the 2019-20
to 2026-27 fiscal years, inclusive.  
  SEC. 3.    Section 48000 of the Education Code is
amended to read:
   48000.  (a) A child shall be admitted to a kindergarten 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 2 of the 2012-13 school year.
   (3) October 2 of the 2013-14 school year.
   (4) September 2 of the 2014-15 school year and each school year
thereafter.
   (b) A child who will have his or her fifth birthday on or before
one of the dates described in paragraphs (1) to (4), inclusive, of
subdivision (a) may be admitted to the prekindergarten summer program
maintained by the school district for pupils who will be enrolling
in kindergarten in September.
   (c) The governing board of a school district maintaining one or
more kindergartens may, on a case-by-case basis, admit to a
kindergarten a child having attained the age of five years at any
time during the school year with the approval of the parent or
guardian, subject to the following conditions:
   (1) The governing board 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.  
  SEC. 4.    Section 48010 of the Education Code is
amended to read:
   48010.  (a) A child shall be admitted to the first grade of an
elementary school during the first month of a school year if the
child will have his or her sixth birthday on or before one of the
following dates:
   (1) December 2 of the 2011-12 school year.
   (2) November 2 of the 2012-13 school year.
   (3) October 2 of the 2013-14 school year.
   (4) September 2 of the 2014-15 school year and each school year
thereafter.
   (b) For good cause, the governing board of a school district may
permit a child of proper age to be admitted to a class after the
first school month of the school term.  
  SEC. 5.    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.