Amended  IN  Assembly  March 29, 2021
Amended  IN  Assembly  February 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 22

Introduced by Assembly Members McCarty, Aguiar-Curry, Berman, Bonta, Burke, Carrillo, Chiu, Friedman, Eduardo Garcia, Gipson, Lorena Gonzalez, Maienschein, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Blanca Rubio, Santiago, Ting, Valladares, Waldron, and Wicks
(Principal coauthor: Assembly Member Nazarian)
(Principal coauthors: Senators Dodd, Gonzalez, Limón, and Rubio)
(Coauthors: Assembly Members Bloom, Cervantes, Cunningham, Gabriel, Lee, Levine, Mayes, Nguyen, and Quirk Petrie-Norris, Quirk, Rodriguez, and Stone)
(Coauthor: Senator Min)

December 07, 2020

An act to amend Sections 8236 8208, 8236, 8239, and 48000 of, and to add Section 42238.026 to, the Education Code, relating to childcare.


LEGISLATIVE COUNSEL'S DIGEST


AB 22, as amended, McCarty. Childcare: preschool programs and transitional kindergarten: enrollment.
(1) The Child Care and Development Services Act requires the Superintendent of Public Instruction to administer all California state preschool programs, which include part-day age and developmentally appropriate programs designed to facilitate the transition to kindergarten for 3- and 4-year-old children. The act provides that applicant or contracting agencies are eligible to contract to operate a California state preschool program. Existing law requires the Superintendent to encourage state preschool program applicants or contracting agencies to offer full-day services through a combination of part-day preschool slots and wraparound general childcare and development programs. The act requires these applicant or contracting agencies to give first priority to 3- or 4-year-old neglected or abused children who are recipients of child protective services, or who are at risk of being neglected, abused, or exploited, as provided. The act requires applicant or contracting agencies to give 2nd priority to eligible 4-year-old children, as defined, who are not enrolled in a state-funded transitional kindergarten program before enrolling eligible 3-year-old children.

This bill would require all eligible children meeting certain requirements and who are not enrolled in transitional kindergarten to have access to a California state preschool program the year before they enter kindergarten, if their parents wish to enroll them. The bill would make this requirement contingent upon the appropriation of sufficient funding in the annual Budget Act or another statute for this purpose.

This bill would clarify that eligible 4-year-old children include those children whose 5th birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool program and whose parent or guardian has opted to retain them in a California state preschool program. The bill would require the Superintendent to authorize California state preschool program contracting agencies to offer wraparound childcare services for eligible children enrolled in a K–12 educational program, as specified.
(2) Existing law defines transitional kindergarten as the first year of a 2-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate.
This bill would define a modified kindergarten program to mean a developmental and academic curriculum that bridges the California Preschool Learning Foundations developed by the State Department of Education and the kindergarten academic content standards adopted by the State Board of Education. The bill would require the department, on or before May 1, 2024, to post and maintain on its internet website recommendations on research and evidence-based curricula and assessments for instructional and diagnostic use in all California state preschool programs and transitional kindergarten classrooms.

(2)

(3) Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires funding pursuant to the local control funding formula to include, in addition to a grade span adjusted base grant, a 10.4% adjustment to the kindergarten and grades 1 to 3, inclusive, base grant for school districts that maintain, or make progress toward, as specified, an average class enrollment of not more than 24 pupils for each schoolsite. Existing law requires average daily attendance generated by certain pupils enrolled in a transitional kindergarten program to be included in the average daily attendance generated by pupils in kindergarten.
This bill would require the Superintendent of Public Instruction to compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant, adjusted as described above, that is equal to an unspecified percentage for each transitional kindergarten pupil who is enrolled in the school district or charter school that maintains certain instructional minute, average class enrollment, adult-to-pupil ratios, and minimum credentialed teacher requirements for transitional kindergarten classrooms at each schoolsite, as specified.

(3)

(4) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law requires, in the 2014–15 school year and each school year thereafter, and as a condition of receipt of apportionments for pupils in a transitional kindergarten program, a child who will have their 5th birthday between September 2 and December 2, inclusive, to be admitted to a transitional kindergarten program maintained by a school district or charter school. Existing law authorizes, for the 2015–16 school year and each school year thereafter, a school district or charter school to admit a child to a transitional kindergarten program who will have their 5th birthday after December 2 but during that same school year, as provided. Existing law prohibits a pupil voluntarily admitted to a transitional kindergarten who has their 5th birthday after December 2 from generating average daily attendance or being included in the enrollment or unduplicated pupil count until the pupil has attained their 5th birthday, as provided.
This bill would revise the timespans for those mandatory and optional admittance requirements to be phased in from the 2024–25 school year to the 2032–33 school year, as provided, at which time a school district or charter school, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, would be required to admit to a transitional kindergarten program maintained by the school district or charter school children who will have their 5th birthday between September 2 of the calendar year in which the school year begins and September 1 of the following calendar year. The bill instead would require a pupil voluntarily admitted to a transitional kindergarten who has their 5th birthday after the date specified for required enrollment for the applicable school year to generate average daily attendance and be included in the enrollment and unduplicated pupil count, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Quality early learning and care for children from birth to five years of age, inclusive, is a sound and strategic investment to narrow achievement gaps that are present well before children enter kindergarten.
(2) In the annual Budget Act for the 2014–15 fiscal year, the Legislature and the Governor committed to providing all low-income children with at least one year of early care and education programs. That commitment is known as the California Preschool Promise. The Master Plan for Early Learning and Care, developed pursuant to Section 1 of Chapter 51 of the Statutes of 2019 (Senate Bill 75 of the 2019–20 Regular Session) includes a recommendation to provide universal access to early learning opportunities for all four-year-old children, low-income three-year-old children, and children with disabilities in California. California in order to create a seamless, integrated, mixed delivery, whole child, two-generation early learning and care system from birth to schoolage, inclusive.
(3) Evidence shows that providing universal or targeted universal access to preschool closes the school readiness gap and improves long-term academic achievement and life outcomes for children.
(4) Successful early learning programs also require key elements of quality programming, including all of the following:
(A) Well-prepared, trained, and justly compensated teachers.
(B) Classrooms that implement an evidence-based, developmentally appropriate curriculum that is aligned to elementary and secondary school standards, including aligned assessments.
(C) Classrooms with teacher-child ratios that allow for meaningful adult-child interactions to benefit the social-emotional and early academic development of young learners.
(D) Effective and high-quality professional development that is focused on teacher-child interactions, quality of instruction, and child outcomes, including, when appropriate, supporting dual language learners to develop their home language alongside English, creating supportive and inclusive environments for children with special needs, and using trauma-informed practices to support children who face significant risk factors to their healthy development and success.
(E) Use of child outcome data to inform instruction and continuous quality improvement.
(F) Robust parent engagement in childcare settings to meet the needs of working families and support parent choice.
(5) In 2010, the Legislature enacted legislation establishing transitional kindergarten, which provides every four-year-old four year old whose fifth birthday occurs between September 2 and December 2, inclusive, with a free additional year of early learning before grade 1. The state’s success in implementing this law has been dependent on ensuring that nearly every school district offers transitional kindergarten in their community.
(6) California has an opportunity to build on the state’s strong start to provide universal access to a high quality high-quality early learning experience for every four-year-old child by expanding transitional kindergarten while implementing transitional kindergarten quality improvements to address the social-emotional and early academic development of the state’s youngest learners.
(b) (1) It is the intent of the Legislature to enact legislation to provide access to quality early learning opportunities for every four-year-old child in California through the expansion of transitional kindergarten and the institution of quality program improvements to meet the social-emotional and early academic needs of young learners, in alignment with the vision of the Master Plan for Early Learning and Care and as part of a strengthened, comprehensive early learning and care system for children from birth to six years of age, inclusive.
(2) It is the intent of the Legislature to enact legislation to gradually expand transitional kindergarten until all four-year-old children are served as part of the state’s comprehensive early learning and care system.
(3) It is the further intent of the Legislature that quality program improvements shall include, but not be limited to, classroom staffing ratios that are developmentally appropriate for four-year-old children, fair compensation for teachers and staff reflective of compensation for other teachers and staff with similar professional qualifications, full-schoolday programs, and a curriculum that aligns early developmental and learning standards with early academic standards.
(4) It is the further intent of the Legislature to increase and create new opportunities for the early learning workforce through universal transitional kindergarten and a strengthened and integrated mixed delivery early learning and care system that provides multiple pathways for California’s early learning professionals, who are supported by compensation that recognizes their expertise, ongoing professional development to support their career advancement, and teaching models that leverage their invaluable knowledge and skills for the benefit of young learners.

SEC. 2.

 Section 8208 of the Education Code is amended to read:

8208.
 As used in this chapter:
(a) “Alternative payments” includes payments that are made by one child care childcare agency to another agency or child care childcare provider for the provision of child care childcare and development services, and payments that are made by an agency to a parent for the parent’s purchase of child care childcare and development services.
(b) “Alternative payment program” means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 8220.1 to provide alternative payments and to provide support services to parents and providers.
(c) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
(d) “Assigned reimbursement rate” is that rate established by the contract with the agency and is derived by dividing the total dollar amount of the contract by the minimum child day of average daily enrollment level of service required.
(e) “Attendance” means the number of children present at a child care childcare and development facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child.
(f) “Capital outlay” means the amount paid for the renovation and repair of child care childcare and development facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable child care childcare and development facilities for lease to qualifying contracting agencies.
(g) “Caregiver” means a person who provides direct care, supervision, and guidance to children in a child care childcare and development facility.
(h) “Child care “Childcare and development facility” means a residence or building or part thereof in which child care childcare and development services are provided.
(i) “Child care “Childcare and development programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family child care childcare homes. These programs include, but are not limited to, all of the following:
(1) General child care childcare and development.
(2) Migrant child care childcare and development.
(3) Child care Childcare provided by the California School Age Families Education Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2).
(4) California state preschool program.
(5) Resource and referral.
(6) Child care Childcare and development services for children with exceptional needs.
(7) Family child care childcare home education network.
(8) Alternative payment.
(9) Schoolage community child care. childcare.
(j) “Child care “Childcare and development services” means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements.
(k) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter.
(l) “Children with exceptional needs” means either of the following:
(1) Infants and toddlers under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans, shall be receiving early intervention services, and shall be children who require the special attention of adults in a child care childcare setting.
(2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2, and who meet eligibility criteria described in Section 56026 and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program, shall be receiving early intervention services or appropriate special education and related services, and shall be children who require the special attention of adults in a child care childcare setting. These children include children with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (also referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who need special education and related services consistent with Section 1401(3)(A) of Title 20 of the United States Code.
(m) “Closedown costs” means reimbursements for all approved activities associated with the closing of operations at the end of each growing season for migrant child development programs only.
(n) “Cost” includes, but is not limited to, expenditures that are related to the operation of child care childcare and development programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business.
(o) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning.
(p) “Family child care childcare home education network” means an entity organized under law that contracts with the department pursuant to Section 8245 to make payments to licensed family child care childcare home providers and to provide educational and support services to those providers and to children and families eligible for state-subsidized child care childcare and development services. A family child care childcare home education network may also be referred to as a family child care childcare home system.
(q) “Health services” include, but are not limited to, all of the following:
(1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing using community resources.
(3) Health education and training for children, parents, staff, and providers.
(4) Followup treatment through referral to appropriate health care agencies or individual health care professionals.
(r) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
(s) “Intergenerational staff” means persons of various generations.
(t) “Limited-English-speaking-proficient and non-English-speaking-proficient children” means children who are unable to benefit fully from an English-only child care childcare and development program as a result of either of the following:
(1) Having used a language other than English when they first began to speak.
(2) Having a language other than English predominantly or exclusively spoken at home.
(u) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
(v) “Program director” means a person who, pursuant to Sections 8244 and 8360.1, is qualified to serve as a program director.
(w) “Proprietary child care childcare agency” means an organization or facility providing child care, childcare, which is operated for profit.
(x) “Resource and referral programs” means programs that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. Services frequently include, but are not limited to: technical assistance for providers, toy-lending libraries, equipment-lending libraries, toy- and equipment-lending libraries, staff development programs, health and nutrition education, and referrals to social services.
(y) “Severely disabled children” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Severely disabled children” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 6 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 as it read on January 1, 1980.
(z) “Short-term respite child care” childcare” means child care childcare service to assist families whose children have been identified through written referral from a legal, medical, or social service agency, or emergency shelter as being neglected, abused, exploited, or homeless, or at risk of being neglected, abused, exploited, or homeless. Child care Childcare is provided for less than 24 hours per day in child care childcare centers, treatment centers for abusive parents, family child care childcare homes, or in the child’s own home.
(aa) (1) “Site supervisor” means a person who, regardless of his or her the person’s title, has operational program responsibility for a child care childcare and development program at a single site. A site supervisor shall hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a child care childcare and development program operating in a single site. The Superintendent may waive the requirements of this subdivision if the Superintendent determines that the existence of compelling need is appropriately documented.
(2) For California state preschool programs, a site supervisor may qualify under any of the provisions in this subdivision, or may qualify by holding an administrative credential or an administrative services credential. A person who meets the qualifications of a program director under both Sections 8244 and 8360.1 is also qualified under this subdivision.
(ab) “Standard reimbursement rate” means that rate established by the Superintendent pursuant to Section 8265.
(ac) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children.
(ad) “California state preschool program” means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children.
(ae) “Support services” means those services that, when combined with child care childcare and development services, help promote the healthy physical, mental, social, and emotional growth of children. Support services include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling.
(af) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children.
(ag) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized child care childcare and development program services to the need for these services is low, as determined by the Superintendent.
(ah) “Workday” means the time that the parent requires temporary care for a child for any of the following reasons:
(1) To undertake training in preparation for a job.
(2) To undertake or retain a job.
(3) To undertake other activities that are essential to maintaining or improving the social and economic function of the family, are beneficial to the community, or are required because of health problems in the family.
(ai) “Three-year-old children” means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. Children who have their third birthday on or after December 2 of the fiscal year, may be enrolled in a California state preschool program on or after their third birthday. Any child under four years of age shall be served in a California state preschool program facility, licensed in accordance with Title 22 of the California Code of Regulations.
(aj) “Four-year-old children” means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. program, or any child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain them in a California state preschool program.
(ak) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(al) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district.

This section shall become operative on July 1, 2019.

SEC. 2.SEC. 3.

 Section 8236 of the Education Code is amended to read:

8236.
 (a) (1) Each applicant or contracting agency funded pursuant to Section 8235 shall give first priority to three- or four-year-old neglected or abused children who are recipients of child protective services, or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located.
(2) Notwithstanding Section 8263, after children in the first priority category set forth in paragraph (1) are enrolled, each agency funded pursuant to Section 8235 shall give priority to eligible four-year-old children who are not enrolled in a state-funded transitional kindergarten program program, including four-year-old children whose parent or guardian elects to retain them in the California state preschool program pursuant to subdivision (aj) of Section 8208, before enrolling eligible three-year-old children. Each agency shall certify to the Superintendent that enrollment priority is being given to eligible four-year-old children.

(3)(A)All eligible children, pursuant to paragraphs (1) and (2) of subdivision (a) of Section 8263, who are not enrolled in transitional kindergarten shall have access to a California state preschool program the year before they enter kindergarten, if their parents wish to enroll them.

(B)This paragraph is contingent upon the appropriation of sufficient funding in the annual Budget Act or another statute for this purpose.

(b) (1) (A) Commencing June 15, 2015, and notwithstanding any other law, in awarding new funding for the expansion of a California state preschool program that is appropriated by the Legislature for that purpose in any fiscal year, the Superintendent, after taking into account the geographic criteria established pursuant to Section 8279.3 and the data described in subparagraph (B), shall give priority to applicant agencies that, in expending the expansion funds, will provide the greatest progress toward achieving access to full-day, full-year services for all income-eligible four-year-old children.
(B) In awarding funding pursuant to subparagraph (A) and in order to promote access for all income-eligible four-year-old children to at least a part-day California state preschool program, the department shall take into account the needs assessments submitted to the department pursuant to Section 8499.5 and any other high-quality data resources available to the department.
(2) Expansion funding awarded pursuant to paragraph (1) shall be apportioned at the rate described in Section 8265 and as determined in the annual Budget Act.
(3) A family childcare home education network shall be eligible to apply for expansion funding awarded pursuant to paragraph (1).
(c) This section does not preclude a local educational agency from subcontracting with an appropriate public or private agency to operate a California state preschool program and to apply for funds made available for purposes of this section. If a school district chooses not to operate or subcontract for a California state preschool program, the Superintendent shall work with the county office of education and other eligible agencies to explore possible opportunities in contracting or alternative subcontracting to provide a California state preschool program.
(d) This section does not prevent eligible children who are receiving services from continuing to receive those services in future years pursuant to this chapter.

(e)This section shall become operative on July 1, 2019.

SEC. 4.

 Section 8239 of the Education Code is amended to read:

8239.
 (a) The Superintendent shall encourage state preschool program applicants or contracting agencies to offer full-day services through a combination of part-day preschool slots and wraparound general childcare and development programs. In order to facilitate a full day of services, all of the following shall apply:
(1) Part-day preschool programs provided pursuant to this section shall operate between 175 and 180 days.
(2) Wraparound general childcare and development programs provided pursuant to this section may operate a minimum of 246 days per year unless the child development contract specified a lower minimum days of operation. Part-day general childcare and development programs may operate a full day for the remainder of the year after the completion of the preschool program.
(3) Part-day preschool services combined with wraparound childcare services shall be reimbursed at a base rate determined pursuant to Section 8265 and in the annual Budget Act, using adjustment factors pursuant to Section 8265.5.
(4) Three- and four-year-old children are eligible for wraparound childcare services to supplement the part-day California state preschool program if the family meets the requirements of subdivision (a) of Section 8263.
(b) For purposes of this section, “wraparound childcare services” and “wraparound general childcare and development programs” mean services provided for the remaining portion of the day or remainder of the year following the completion of part-day preschool services that are necessary to meet the childcare needs of parents eligible pursuant to subdivision (a) of Section 8263. These services shall be provided consistent with the general childcare and development programs provided pursuant to Article 8 (commencing with Section 8240).
(c) The Superintendent shall authorize California state preschool program contracting agencies to offer wraparound childcare services for eligible children enrolled in a K–12 education program if their families meet the requirements of subdivision (a) of Section 8263.

SEC. 3.SEC. 5.

 Section 42238.026 is added to the Education Code, to read:

42238.026.
 (a) In addition to paragraph (3) of subdivision (d) of Section 42238.02, the Superintendent shall compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant specified in paragraph (1) of subdivision (d) of Section 42238.02, as adjusted for inflation pursuant to paragraph (2) of subdivision (d) of Section 42238.02 and as adjusted pursuant to paragraph (3) of subdivision (d) of Section 42238.02, that is equal to ____ percent for each transitional kindergarten pupil, as described in paragraph (1) of subdivision (c) of Section 48000, who is enrolled in the school district or charter school. The additional grant shall be calculated by multiplying the kindergarten and grades 1 to 3, inclusive, base grant specified in paragraph (1) of subdivision (d) of Section 42238.02, as adjusted for inflation pursuant to paragraph (2) of subdivision (d) of Section 42238.02 and as adjusted pursuant to paragraph (3) of subdivision (d) of Section 42238.02, by ____ percent for each transitional kindergarten pupil only.
(b) As a condition of receiving the additional adjustment pursuant to subdivision (a), a school district or charter school shall do all of the following:
(1) Notwithstanding Sections 46111 and 46117, operate offer a minimum schoolday transitional kindergarten program that meets the requirements of Section 46112. is at least equivalent to the minimum schoolday provided for grades 1 to 3, inclusive.
(2) Maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, unless a collectively bargained alternative annual average class enrollment for each schoolsite is agreed to by the school district or charter school.
(3) Maintain an average of at least one adult for every 8 pupils for a class size of 24 pupils or an average of at least one adult for every 10 pupils for a class size of less than 24 pupils for transitional kindergarten classrooms.
(4) Have at least one credentialed teacher who satisfies the requirement in subdivision (g) of Section 48000 in each transitional kindergarten classroom.

SEC. 4.SEC. 6.

 Section 48000 of the Education Code is amended to read:

48000.
 (a) A child shall be admitted to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will have their 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) The governing board of the school district 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 of the school district 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) (1) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, and Chapter 3 (commencing with Section 47610) of Part 26.8, as applicable, a school district or charter school shall ensure the following:
(A) In the 2012–13 school year, a child who will have their fifth birthday between November 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(B) In the 2013–14 school year, a child who will have their fifth birthday between October 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(C) From the 2014–15 school year to the 2023–24 school year, inclusive, a child who will have their fifth birthday between September 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(D) In the 2024–25 school year, a child who will have their fifth birthday between September 2 and January 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(E) In the 2025–26 school year, a child who will have their fifth birthday between September 2 and February 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(F) In the 2026–27 school year, a child who will have their fifth birthday between September 2 and March 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(G) In the 2027–28 school year, a child who will have their fifth birthday between September 2 and April 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(H) In the 2028–29 school year, a child who will have their fifth birthday between September 2 and May 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(I) In the 2029–30 school year, a child who will have their fifth birthday between September 2 and June 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(J) In the 2030–31 school year, a child who will have their fifth birthday between September 2 and July 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(K) In the 2031–32 school year, a child who will have their fifth birthday between September 2 and August 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(L) In the 2032–33 school year, and in each school year thereafter, a child who will have their fifth birthday between September 2 of the calendar year in which the school year begins and September 1 of the following calendar year shall be admitted to a transitional kindergarten program maintained by the school district or charter school.
(2) (A) In any school year, a school district or charter school may, at any time during a school year, admit a child to a transitional kindergarten program who will have their fifth birthday after the date specified for the applicable year in subparagraphs (A) to (K), inclusive, of paragraph (1), with the approval of the parent or guardian, subject to the following conditions:
(i) 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.
(ii) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.
(B) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to subparagraph (A) shall generate average daily attendance for purposes of Section 46300, and be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02.
(d) (1) For purposes of this section, “transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate.
(2) For purposes of this section, “modified kindergarten curriculum” means a developmental and academic curriculum that bridges the California Preschool Learning Foundations developed by the department and the kindergarten academic content standards adopted by the state board.
(3) It is the intent of the Legislature for transitional kindergarten to enhance the school readiness of every child in the state by bridging the gap between preschool and school entry so that every child is socially-emotionally and academically prepared for the rigor of school.
(4) On or before May 1, 2024, the department shall post and maintain on its internet website recommendations on research and evidence-based curricula and assessments for instructional and diagnostic use in all California state preschool programs and transitional kindergarten classrooms that meet all the following criteria:
(A) Is age and developmentally appropriate for all children eligible for preschool and transitional kindergarten enrollment.
(B) Includes a focus on content that is aligned with the California Preschool Learning Foundations developed by the department and kindergarten academic content standards adopted by the state board, including language, literacy, and mathematics.
(C) Is articulated as the preparatory curriculum for the year before kindergarten, is not a repetition of kindergarten standards or foundations, and builds upon children’s skills at preschool or transitional kindergarten entry.
(D) Has an organized developmental scope and sequence that includes plans and materials for learning experiences based on developmental progressions and how children learn.
(E) Supports and encourages inclusive learning environments.
(F) Supports the instruction of dual language learners.
(G) Uses child observation and other diagnostic tools to support child development and academic goals.
(H) Supports and encourages family engagement, physical activity, and learning through play.
(e) A transitional kindergarten shall not be construed as a new program or higher level of service.

(f)It is the intent of the Legislature that transitional kindergarten curriculum be aligned to the California Preschool Learning Foundations developed by the department.

(g)

(f) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, a school district or charter school shall ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2021, one of the following:
(1) At least 24 units in early childhood education, or childhood development, or both.
(2) As determined by the local educational agency employing the teacher, professional experience in a classroom setting with preschool age children that is comparable to the 24 units of education described in paragraph (1).
(3) A child development teacher permit issued by the Commission on Teacher Credentialing.

(h)

(g) A school district or charter school may place four-year-old children, as defined in subdivision (aj) of Section 8208, enrolled in a California state preschool program into a transitional kindergarten program classroom. A school district or charter school that commingles children from both programs in the same classroom shall meet all of the requirements of the respective programs in which the children are enrolled, and the school district or charter school shall adhere to all of the following requirements, irrespective of the program in which the child is enrolled:
(1) An early childhood environment rating scale, as specified in Section 18281 of Title 5 of the California Code of Regulations, shall be completed for the classroom.
(2) All children enrolled for 10 or more hours per week shall be evaluated using the Desired Results Developmental Profile, as specified in Section 18272 of Title 5 of the California Code of Regulations.
(3) The classroom shall be taught by a teacher that holds a credential issued by the Commission on Teacher Credentialing in accordance with Section 44065 and subdivision (b) of Section 44256 and who meets the requirements set forth in subdivision (g).
(4) The classroom shall be in compliance with the adult-child ratio specified in subdivision (c) of Section 8264.8.
(5) Contractors of a school district or charter school commingling children enrolled in the California state preschool program with children enrolled in a transitional kindergarten program classroom shall report the services, revenues, and expenditures for the California state preschool program children in accordance with Section 18068 of Title 5 of the California Code of Regulations. Those contractors are not required to report services, revenues, and expenditures for the children in the transitional kindergarten program.

(i)

(h) Until July 1, 2019, a transitional kindergarten classroom that has in attendance children enrolled in a California state preschool program shall be licensed pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code.

(j)

(i) A school district or charter school that chooses to place California state preschool program children into a transitional kindergarten program classroom shall not also include children enrolled in transitional kindergarten for a second year or children enrolled in kindergarten in that classroom.
(j) Notwithstanding any other law, for each fiscal year in which transitional kindergarten pupil enrollment is required to increase pursuant to subparagraphs (D) to (K), inclusive, of paragraph (1) of subdivision (c), an appropriation for purposes of offering transitional kindergarten to all eligible pupils shall be made from the General Fund in the annual Budget Act for the support of public schools maintaining kindergarten or any of grades 1 to 12, inclusive, in addition to funding appropriated pursuant to Section 8 of Article XVI of the California Constitution. The amount of the appropriation made for purposes of this subdivision shall be equal to the estimated fiscal year enrollment increase multiplied by the average kindergarten local control funding formula amount calculated, as specified in paragraph (1) of subdivision (d) of Section 42238.02, as adjusted for inflation pursuant to paragraph (2) of subdivision (d) of Section 42238.02, and as adjusted pursuant to paragraph (3) of subdivision (d) of Section 42238.02.