Amended  IN  Senate  August 16, 2021
Amended  IN  Senate  July 01, 2021
Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  April 12, 2021
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, 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 Bennett, Bloom, Bryan, Cervantes, Cunningham, Gabriel, Lee, Levine, Mayes, Nguyen, Petrie-Norris, Quirk, Rodriguez, and Stone)
(Coauthor: Senator Min)

December 07, 2020

An act to amend Sections 8239 and Section 48000 of, and to add Sections 42238.026 and 48004 to, the Education Code, relating to childcare. transitional kindergarten.


LEGISLATIVE COUNSEL'S DIGEST


AB 22, as amended, McCarty. Childcare: preschool programs and transitional Transitional kindergarten: enrollment: funding. funding: planning workgroups.

(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.

This bill would clarify that a pupil’s eligibility for transitional kindergarten does not impact family eligibility for a childcare or preschool program. The bill would require the Superintendent to authorize California state preschool program contracting agencies to offer wraparound early learning services for eligible 4- and 5-year-old children enrolled in a K–12 educational program, as specified.

(2)Existing

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. 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 would, commencing with the 2022–23 fiscal year, 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 14.2% 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, meets certain conditions, as specified.

(3)Existing

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. Existing law, covering the period from the 2014–15 school year to the 2021–22 school year, inclusive, requires, 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 to be admitted to a transitional kindergarten program maintained by a school district or charter school. Existing law revises the timespans for those mandatory admittance requirements to be phased in from the 2022–23 school year to the 2025–26 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 a child who will have their 4th birthday by September 1.
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. The bill would require an appropriation from the General Fund in the annual Budget Act for each fiscal year in which transitional kindergarten pupil enrollment is required to increase, as provided. The bill would require the Department of Finance to submit annual calculations of the estimated cost of the appropriation associated with expanded transitional kindergarten enrollment to the Joint Legislative Budget Committee, as specified. This The bill would require each county superintendent of schools to convene a local transitional kindergarten planning workgroup to support the successful implementation of transitional kindergarten, as specified. By imposing new duties on county offices of education, this bill would impose a state-mandated local program. The bill would require the State Department of Education, in consultation with the State Department of Social Services and First 5 California, to conduct a statewide evaluation on the impact of transitional kindergarten in California, as specified.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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 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 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 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.
(5) It is the further intent of the Legislature that administrators assigned to schoolsites serving preschool-aged children or pupils enrolled in transitional kindergarten or kindergarten programs have the expertise to support preschool, transitional kindergarten, and kindergarten teachers in their instruction and delivery of developmental support for children, pupils, and their families.
SEC. 2.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,” “wraparound general childcare and development programs,” and “wraparound early learning services” 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 early learning services for eligible four- and five-year-old children enrolled in a K–12 education program if their families meet the requirements of subdivision (a) of Section 8263.

(d)For the purposes of this section, “five-year-old children” means children who will have their fifth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program or a kindergarten program.

SEC. 3.SEC. 2.

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

42238.026.
 (a)In Commencing with the 2022–23 fiscal year, 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 14.2 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 14.2 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, offer a minimum schoolday transitional kindergarten program that 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 (f) of Section 48000 in each transitional kindergarten classroom.

SEC. 4.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)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.

(e)A transitional kindergarten shall not be construed as a new program or higher level of service.

(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.

(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 (f).

(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.

(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.

(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 cost of supporting the previous years of increased transitional kindergarten enrollment required pursuant to subparagraphs (D) to (K), inclusive, of paragraph (1) of subdivision (c) plus the cost of the estimated current 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, including grant add-ons calculated pursuant to subdivisions (e) and (f) 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. The amount calculated pursuant to this subdivision shall account for the adjustment calculated pursuant to Section 42238.026.

(k)The Department of Finance shall submit a calculation of the estimated cost of the appropriation described in subdivision (j) to the Joint Legislative Budget Committee on or before January 10 of each year that transitional kindergarten enrollment is expanded pursuant to subdivision (c).

(l)A pupil’s eligibility for transitional kindergarten enrollment shall not impact family eligibility for a childcare or preschool program, including eligibility determined pursuant to Section 8263.

SEC. 3.

 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 2021–22 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 2022–23 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.
(E) In the 2023–24 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.
(F) In the 2024–25 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.
(G) In the 2025–26 school year, and in each school year thereafter, a child who will have their fourth birthday by September 1 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 (F), inclusive, of paragraph (1) but during that same school year, 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 not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained the pupil’s fifth birthday, regardless of when the pupil was admitted during the school year.
(d) 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.
(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) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, Sections 42238.026 and 46300, a school district or charter school shall do all of the following:
(1) Maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite.
(2) Commencing with the 2022–23 school year, maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms.
(3) Commencing with the 2023–24 school year, and for each year thereafter, maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms, contingent upon an appropriation of funds for this purpose.
(4) Ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2023, one of the following:
(A) At least 24 units in early childhood education, or childhood development, or both.
(B) 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 subparagraph (A).
(C) A child development teacher permit issued by the Commission on Teacher Credentialing.
(h) 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) 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) 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.
(k) A child’s eligibility for transitional kindergarten enrollment under paragraph (1) or (2) of subdivision (c) shall not impact family eligibility for a preschool or childcare program, including, but not limited to, all of the following:
(1) A Head Start or Early Head Start program, as defined by the federal Head Start Act, as amended, (42 U.S.C Sec. 9801 et seq.).
(2) A childcare center, family childcare home, or license-exempt provider serving children through an alternative payment program pursuant to Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of Division 1 of Title 1.
(3) A migrant childcare and development program serving children pursuant to Article 6 (commencing with Section 8230) of Chapter 2 of Part 6 of Division 1 of Title 1.
(4) A childcare center or family childcare home educational network serving children through a California state preschool program pursuant to Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1.
(5) A childcare center, family childcare home, or license-exempt provider serving children through a general childcare and development program pursuant to Article 8 (commencing with Section 8240) of Chapter 2 of Part 6 of Division 1 of Title 1.
(6) A family childcare home educational network serving children pursuant to Article 8.5 (commencing with Section 8245) of Chapter 2 of Part 6 of Division 1 of Title 1.
(7) Childcare and development services for children with special needs pursuant to Article 9 (commencing with Section 8250) of Chapter 2 of Part 6 of Division 1 of Title 1.
(8) A program serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1.
(l) The Superintendent shall authorize California state preschool program contracting agencies to offer wraparound childcare services for eligible children enrolled in an education program serving transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, if their families meet the requirements of subdivision (a) of Section 8263.
(m) Notwithstanding any other law, for each fiscal year in which transitional kindergarten pupil enrollment is required to increase pursuant to subparagraphs (D) to (F), 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 cost of supporting the previous years of increased transitional kindergarten enrollment required pursuant to subparagraphs (D) to (F), inclusive, of paragraph (1) of subdivision (c) plus the cost of the estimated current 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, including grant add-ons calculated pursuant to subdivisions (e) and (f) 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. The amount calculated pursuant to this subdivision shall account for the adjustment calculated pursuant to Section 42238.026.
(n) The Department of Finance shall submit a calculation of the estimated cost of the appropriation described in subdivision (m) to the Joint Legislative Budget Committee on or before January 10 of each year that transitional kindergarten enrollment is expanded pursuant to subdivision (c).
(o) (1) It is the intent of the Legislature that local transitional kindergarten planning workgroups convened pursuant to this subdivision provide a forum for collaborative planning between local educational agencies, childcare and preschool providers, parents, and other stakeholders to support the successful implementation of transitional kindergarten pursuant to this section.
(2) It is the intent of the Legislature that local funds, including funding from the California Prekindergarten Planning and Implementation Grant Program pursuant to Article 13.2 (commencing with Section 8281.5) of Chapter 2 of Part 6 of Division 1 of Title 1, may be used for the purposes of the local transitional kindergarten planning workgroups described in this subdivision.
(3) In each county, the county superintendent of schools shall convene a local transitional kindergarten planning workgroup.
(4) The members of a local transitional kindergarten planning workgroup shall include, but shall not be limited to, representatives from the following groups:
(A) The county office of education.
(B) The local planning council.
(C) School districts that provide transitional kindergarten.
(D) The local First 5 county commission.
(E) Resource and referral agencies.
(F) Head Start programs.
(G) Alternative payment program providers.
(H) California state preschool providers.
(I) Family childcare providers.
(J) Preschool and childcare teachers.
(K) Local government agencies that provide services to young children and their families.
(L) Local postsecondary educational institutions that offer a degree in child development.
(M) Parents of children aged between zero and five years of age, inclusive.
(5) To the extent possible, a local transitional kindergarten planning workgroup shall solicit feedback to inform planning from a range of parents, family childcare providers, and preschool and childcare teachers that reflects the ethnic, racial, linguistic, and economic diversity of the county.
(6) A local transitional kindergarten planning workgroup shall work collaboratively to plan and strategize around the implementation of transitional kindergarten pursuant to this section on issues including, but not limited to:
(A) Teacher recruitment and workforce development, including providing career pathways for experienced early learning and care teachers and providers.
(B) Transitional kindergarten facilities.
(C) Alignment of transitional kindergarten curriculum and learning expectations with preschool learning standards.
(D) Meeting the needs of working parents, including access to expanded learning opportunities and wraparound care provided by local educational agencies and community-based providers.
(E) Supporting childcare and preschool providers to retool and access resources to remain stable during transitional kindergarten expansion.
(F) Recommendations for state policy changes or budget investments to support implementation of transitional kindergarten and alignment with other state policy goals, including, but not limited to, early education inclusion, the cradle-to-career data system, and expanded learning opportunities.
(7) (A) Notwithstanding any other law, the county superintendents of schools in two or more contiguous counties may mutually agree to merge their local transitional kindergarten planning workgroups.
(B) If two or more counties choose to exercise the option to merge their local transitional kindergarten planning workgroups pursuant to subparagraph (A), the local transitional kindergarten planning workgroup shall make every effort to ensure that meetings and stakeholder forums are accessible to stakeholders in all of the counties that the local transitional kindergarten planning workgroup represents. This may be achieved by alternating the location of meetings between the counties, hosting meetings at a central point between the counties, or live broadcasting local transitional kindergarten planning workgroup meetings at multiple locations within the counties.
(8) The operation of this subdivision is contingent upon an appropriation in the annual Budget Act or another statute for its purposes.
(9) This subdivision does not prohibit a school district, county office of education, or charter school from implementing this section.

SEC. 5.SEC. 4.

 Section 48004 is added to the Education Code, to read:

48004.
 (a) The department, in consultation with the State Department of Social Services and First 5 California, shall conduct a statewide evaluation on the impact of transitional kindergarten in California. The evaluation shall include, but not be limited to, all of the following:
(1) A statewide evaluation of the impact of transitional kindergarten on the short- and long-term academic outcomes and social-emotional development of the original cohort age of transitional kindergarten pupils who had their fourth birthday between September 2 and December 2, as described in subdivision (c) of Section 48000, as that section read on January 1, 2021.
(2) A statewide evaluation of the impact of transitional kindergarten on each subsequent cohort of younger pupils who became eligible for transitional kindergarten pursuant to Section 48000.
(3) A comparison of outcomes for children who participated in transitional kindergarten, children who did not have a preschool or childcare experience, and children who had a public preschool or childcare experience other than transitional kindergarten. kindergarten, including, but not limited to, family childcare providers, community-based childcare center programs, family, friend, and neighbor providers, and other license-exempt childcare programs.
(4) A statewide evaluation of the impact of transitional kindergarten expansion on California state preschool programs and childcare providers and programs, including, but not limited to, Head Start programs, family childcare providers, community-based childcare center programs, family, friend, and neighbor providers, and other license-exempt childcare programs, irrespective of whether they receive public childcare funding. This statewide evaluation shall include, but not be limited to, analysis of the impact of the transitional kindergarten expansion on both of the following:
(A) Enrollment, funding, and the demographics of children in California state preschool programs and childcare programs.
(B) The level of funding the state receives from the federal Child Care and Development Fund, as that term is used in Section 98.2 of Title 45 of the Code of Federal Regulations.
(b) A report of the findings of the evaluation shall be submitted to the Governor and to the budget and relevant policy committees of both houses of the Legislature on or before July 1, 2033. 2027.

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.