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HomeMy WebLinkAboutMINUTES - 04222014 - C.46RECOMMENDATION(S): ADOPT a "watch" position on SB 837 (Steinberg): Transitional Kindergarten, a bill that creates the Kindergarten Readiness Act of 2014 and requires each school district or charter school that offers kindergarten to offer transitional kindergarten, as recommended by the Legislation Committee. FISCAL IMPACT: This bill requires, beginning with the 2015-16 school year, transitional kindergarten programs to receive 2/3 of the per student base grant per unit of average daily attendance, as adjusted for inflation, plus an additional adjustment of 10.4%, and a supplemental grant add-on. This is the local control funding formula (LCFF), minus the concentration grants. It appears this results in the generation of full per-average daily attendance funding amount, rather than being factored into the LCFF target which provides a portion of funding until full implementation of the LCFF is reached. According to estimates provided by the author's office, assuming a 70% rate of enrollment in transitional kindergarten, this bill could cost an additional $1.46 billion upon full implementation in the 2019-20 school year. These funds would be added to the Proposition 98 base. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/22/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 22, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 46 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:April 22, 2014 Contra Costa County Subject:Watch position on SB 837 (Steinberg): Transitional Kindergarten BACKGROUND: This bill expands eligibility for transitional kindergarten to all four-year olds, phased in over a four year period beginning in the 2015-16 school year. SB 837, the Kindergarten Readiness Act of 2014, would require each school district or charter school that offers kindergarten to offer transitional kindergarten, and would require a child that meets specified minimum age requirements to be admitted to transitional kindergarten. The bill would authorize the average daily attendance of a school district to include the average daily attendance of pupils enrolled in transitional kindergarten and would require transitional kindergarten to receive a per pupil base grant for apportionment purposes, as specified. The bill would require transitional kindergarten to be taught by teachers and associate teachers who meet certain requirements, and would require transitional kindergarten to include specified elements that promote integration and alignment with the early learning and child care system and the elementary education system. The bill would require a school district or charter school offering transitional kindergarten to provide public notice of the availability of transitional kindergarten and to administer transitional kindergarten, as specified. The bill would authorize a school district or charter school administering transitional kindergarten to contract with a public local agency or private local provider, or both, to participate in the delivery of transitional kindergarten. The bill would require a private local provider participating in the delivery of transitional kindergarten to be considered a public school employer, as defined, for certain purposes. By requiring school districts and charter schools that offer kindergarten to offer transitional kindergarten, the bill would impose a state-mandated local program.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. At its April 3, 2014 meeting, the Legislation Committee received a report on this bill from Camilla Rand, Director of Community Services for EHSD, that expressed concerns about several provisions of the bill. The report is attached, as well as the Senate Education Committee analysis of the bill. The Legislation Committee voted unanimously to recommend that the Board of Supervisors adopt a "Watch" position on the bill, as there are several changes to the bill that would be recommended by staff. The Legislation Committee further recommended that these concerns be expressed to the author, our legislative delegation, and the State Superintendent of Schools, Tom Torlakson. Current Status: 04/09/2014: From SENATE Committee on EDUCATION: Do pass as amended to Committee on APPROPRIATIONS ATTACHMENTS Staff Memo on SB 837 SB 837 Bill Text Bill Analysis SB 837 SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO:SB 837 AUTHOR:Steinberg AMENDED:April 2, 2014 FISCAL COMM:Yes HEARING DATE:April 9, 2014 URGENCY:No CONSULTANT:Lynn Lorber SUBJECT:Transitional kindergarten. SUMMARY This bill expands eligibility for transitional kindergarten to all four-year olds, phased in over a four year period beginning in the 2015-16 school year. BACKGROUND Transitional Kindergarten Current law: 1)Establishes compulsory education, requiring children to attend school from age 6-18. (Education Code § 48200) 2)Requires a child to be admitted to kindergarten if the child will have his or her fifth birthday on or before one of the following dates: a)December 2 of the 2011-12 school year. b)November 1 of the 2012-13 school year. c)October 1 of the 2013-14 school year. d)September 1 of the 2014-15 school year and each year thereafter. (EC § 48000) 3)Defines “transitional kindergarten” as the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. (EC § 48000(d)) 4)Requires schools, as a condition of receiving apportionments for transitional kindergarten, to: a)Admit to transitional kindergarten in the 2012-13 school year a child who will have his or her fifth birthday between November 2 and December 2. SB 837 Page 2 b)Admit to transitional kindergarten in the 2013-14 school year a child who will have his or her fifth birthday between October 2 and December 2. c)Admit to transitional kindergarten in the 2014-15 school year, and each year thereafter, a child who will have his or her fifth birthday between September 2 and December 2. State Preschool Current law: 1)Establishes the California State Preschool Program for purposes of providing part-day and full-day developmentally appropriate programs designed to facilitate the transition to kindergarten for three- and four-year old children in educational development, health services, social services, nutritional services, parent education and participation, evaluation, and staff development. (EC § 8235) 2)Provides that three- and four-year old children are eligible for State Preschool if the family meets one of the following: a)Current CalWORKs recipient. b)Income eligible. c)Children are recipients of protective services (abused, neglected or exploited or at risk of being abused, neglected or exploited). (EC § 8235) 3)Provides that three- and four-year olds are eligible for wraparound child care services to supplement part-day State Preschool if the family is eligible for State Preschool and the parents need care for at least one of the following reasons: a)The child is a recipient of protective services, or at risk. b)The parents are engaged in vocational training, as specified, employed or seeking employment, seeking permanent housing, or are incapacitated. (EC § 8239) Other state-funded programs for four-year olds License– Exempt Providers Title 22 FCCHs Title 22 Centers Title 5 Centersb Staff Qualifications None. 15 hours of health and safety training. Child Development Associate Credential or 12 units in ECE/CD.c Child Development Teacher Permit (24 units of ECE/CD plus 16 general education units).d SB 837 Page 3 Staffing Ratios None.1:6 adult–child ratio. 1:12 teacher– child ratio or 1 teacher and 1 aide per 15 children. 1:24 teacher–child and 1:8 adult–child ratio. Health and Safety Standards Criminal background check. Self– certification of certain health and safety standards. Staff and volunteers are finger printed. Subject to health and safety standards. Same as Title 22 FCCHs. Same as Title 22 FCCHs. Content Standards None. None.None.Requires developmentally appropriate activities. Monitoring None. Unannounced visits by CCL every five years or more frequently under special circumstances. Same as Title 22 FCCHs. Same as Title 22 FCCHs, but also onsite reviews by CDE every three years (or as resources allow) and annual outcome reports. Applicable Programs CalWORKs, AP Program CalWORKs, AP Program CalWORKs, AP Program General Child Care, Migrant Child Care, State Preschool a Standards for children of other ages similar to those displayed here. b Same standards apply to Title 5 family child care network homes. c The Child Development Associate Credential is issued by the National Credentialing Program of the Council for Professional Recognition. d The Child Development Teacher Permit is issued by California’s Commission on Teacher Credentialing. FCCHs = family child care homes; ECE/CD = Early Childhood Education/Child Development; CCL = Community Care Licensing; CDE = California Department of Education; and AP = Alternative Payment. ANALYSIS This bill expands eligibility for transitional kindergarten to all four-year olds, phased in over a four year period beginning in the 2015-16 school year. Specifically, this bill: 1)Requires a school district or charter school that offers kindergarten to make transitional kindergarten available to all eligible children and allow, to the SB 837 Page 4 greatest extent possible, a parent of an eligible child to choose the transitional kindergarten that the child attends. Age 2)Expands eligibility for transitional kindergarten to include children who have their fifth birthday after the existing September 1 cutoff: a)September 2, 2015, to February 1, 2016, for the 2015-16 school year. b)September 2, 2016, to April 1, 2017, for the 2016-17 school year. c)September 2, 2017, to June 1, 2018, for the 2017-18 school year. d)September 2, 2018, to August 2, 2019, for the 2018-19 school year. 3)Requires a child to be admitted to a transitional kindergarten class if the child willhave his or her fourth birthday on or before September 1 of the 2019-20 school year and each school year thereafter. Curriculum 4)This bill requires the Superintendent of Public Instruction to develop, and the State Board of Education (SBE) to adopt, by January 30, 2016, transitional kindergarten standards that include but are not limited to the nine developmental domains that are included in the California Preschool Learning Foundations. 5)Requires the SBE, after adopting the transitional kindergarten standards, to review the curriculum frameworks in English language arts (including English language development), mathematics, science, and history-social science for conformity with the transitional kindergarten standards. This bill requires the SBE, by January 30, 2017, to modify the frameworks, if appropriate, to align them with the transitional kindergarten standards and ensure that those standards are incorporated into the frameworks. 6)Authorizes the SBE to adopt instructional materials aligned with the transitional kindergarten standards in English language arts (including English language development), mathematics, science, and history-social science by September 30, 2017. 7)Requires the SBE, during the next revision of frameworks for subject areas not included in #5 above, to modify those frameworks, if appropriate, to align them with the transitional kindergarten standards and ensure that those standards are incorporated into the frameworks. Program components SB 837 Page 5 8)Requires transitional kindergarten to include all of the following elements to promote integration and alignment with the early learning and child care system and the elementary education system: a)Until statewide transitional kindergarten standards are adopted, use of the California Preschool Learning Foundations adopted by the California Department of Education. b)Use and implementation of curriculum frameworks, instructional materials and developmental assessment tools that are aligned with the California Preschool Learning Foundations. c)Inclusion in the single school plan for pupil achievement and the local control and accountability plan. d)Participation in the California Longitudinal Pupil Achievement Data System and the California School Information Services. e)Coordination with other providers of services to young children, including but not limited to, providers of health insurance, health services including mental and behavioral health, developmental screening and assessment, parent literacy and education, and social services, especially through systems of care provided by First 5 California programs, preschool, and school health services and clinics. f)Coordination of services with full-day, full-year early learning and child care programs. Charter schools 9)This bill adds charter schools to the current requirement that school districts offer transitional kindergarten. Contracting 10)Authorizes a school district or charter school to contract with a public local agency including but not limited to a county office of education, or a private local provider, or both, to provide transitional kindergarten, if both of the following are satisfied: a)The school district or charter school is responsible for oversight and administration of transitional kindergarten in the same manner as if transitional kindergarten were located on a schoolsite. This bill requires the school district or charter school to have mechanisms and controls in place that ensure transitional kindergarten adheres to all applicable requirements. b)Transitional kindergarten provided by a public agency or private provider must be under the exclusive management and control of the governing board of the school district or governing body of the charter school that administers the contract. SB 837 Page 6 11)For purposes of transitional kindergarten operated by a private provider, defines “immediate supervision” as being under the immediate supervision of an employee of the private local provider who satisfies the educational requirements for transitional kindergarten teachers or paraprofessional. 12)Defines “private local provider” as a licensed child care provider, business, city, county or city and county that satisfies all applicable requirements. Teacher qualifications 13)Requires, by July 1, 2015, all transitional kindergarten classes to be taught by a teacher who possesses one of the following permits or credentials issued by the Commission on Teacher Credentialing: a)A teacher permit, or higher, authorizing service in the care, development, and instruction in child care development programs. This bill requires teachers with this permit to have a professional learning plan to obtain a baccalaureate degree with at least 24 units in early childhood education or child development, or a combination of both, and a multiple subject teaching credential by July 1, 2019. b)A multiple subject credential with an authorization to teach prekindergarten to grade 12. c)An elementary (multiple subject) credential. d)A single subject credential in home economics. 14)Requires, by July 1, 2019, all transitional kindergarten classes to be taught by a teacher who holds a baccalaureate degree with at least 24 units in early childhood education or child development, or a combination of both, and a teaching credential. Paraprofessional qualifications 15)Requires, by July 1, 2015, all transitional kindergarten to include a paraprofessional who possess an assistant permit, or higher, issued by the Commission on Teacher Credentialing (CTC), authorizing service in the care, development, and instruction in child care and development programs. This bill requires paraprofessionals with this permit to have a professional learning plan to obtain a teacher permit issued by the CTC by July 1, 2019. 16)Requires, by July 1, 2019, all transitional kindergarten paraprofessionals to have a teacher permit with at least 24 units in early childhood education or child development, or a combination of both. Collective bargaining SB 837 Page 7 17)Authorizes employees of a private provider have the ability to establish collective bargaining rights. 18)Requires all transitional kindergarten paraprofessionals to be considered classified employees, except for child development personnel who are part of a certificated bargaining unit on January 1, 2015. Class size and staffing 19)Beginning with the 2015-16 school year, requires transitional kindergarten to be taught by at least one teacher and one paraprofessional. 20)Caps class sizes at 20 children (with two adults, as described above). 21)Requires, beginning with the 2015-16 school year, transitional kindergarten teachers and paraprofessionals to be considered full-time employees (for purposes of compensation, including salary and benefits). This bill excludes a collectively bargained agreement entered into by December 30, 2014, from this requirement. This bill authorizes a school district or charter school to use part-time transitional kindergarten teachers and paraprofessionals if authorized by a collectively bargained agreement. Facilities 22)Provides that transitional kindergarten programs operated by a school district or a charter school are eligible for school facilities funding, authorizes schools to use joint use funds for transitional kindergarten. 23)Encourages public agencies and private providers to seek shared use agreements with a broad array of public and private entities. This bill states legislative intent that any future statewide public education facilities bond include aid for the construction and modernization of school-based facilities for transitional kindergarten. 24)Defines “public facility” and “private facility” as a public or private facility that either has a child care license for age-eligible children or is exempt from licensure. Professional learning 25)States legislative intent that school districts and charter schools offering transitional kindergarten provide high-quality professional learning to the staff of the school district, charter school, public local agency or private provider, that is aligned to transitional kindergarten standards adopted by the State Board of Education and designed to improve child learning and development. This bill further states intent that professional learning for transitional kindergarten teachers and paraprofessionals supports both of the following: a)Teacher-child interactions that promote child engagement and learning. SB 837 Page 8 b)The use of child-level and class-level data to inform instructional strategies. 26)Requires professional learning for transitional kindergarten teachers and paraprofessionals to be aligned with the professional learning provided to teachers and administrative staff in K-3, and provided to preschool teachers and staff that may include the California Early Childhood Education competencies developed by the California Department of Education. Funding 27)Requires, beginning with the 2015-16 school year, transitional kindergarten programs to receive 2/3 of the per student base grant per unit of average daily attendance, as adjusted for inflation, plus an additional adjustment of 10.4%, and a supplemental grant add-on. 28)Requires federal funding for preschool and state funding annually appropriated for state preschool programs to be used to provide services for eligible three-, four-, and five-year old children, including augmenting transitional kindergarten to provide full-day, full-year learning and child care services for participants. This bill requires transitional kindergarten funds to supplement, and not supplant, federal and state funding for existing child care and development programs. Review current access to high-quality programs 29)Requires, by July 1, 2015, each county superintendent of schools to conduct a review of the level of access to transitional kindergarten, state preschool, and Head Start provided to eligible children within the county. This bill requires the review to include but not be limited to a description of the plans of the school districts and charter schools to make transitional kindergarten available to all eligible children by the 2019-20 school year. This bill requires the county superintendent to post the results of the review on the county office of education’s website. Workforce development plan 30)Requires, by July 1, 2015, the Commission on Teacher Credentialing, in collaboration with the Superintendent, the California Community Colleges, the California State University, private postsecondary educational institutions, and the University of California (if it chooses to participate) to establish a workforce development plan for transitional kindergarten teachers and paraprofessionals, and the administrators who supervise them, that recommends the steps necessary to provide adequate opportunities for existing early childhood educators to obtain the necessary qualifications by July 1, 2019. Miscellaneous SB 837 Page 9 31)Requires the Superintendent of Public Instruction to develop, by July 31, 2016, regulations necessary to implement transitional kindergarten, and incorporate existing regulations and guidelines as appropriate. This bill authorizes the State Board of Education (SBE) to adopt emergency regulations. 32)Requires the SBE to revise, by January 31, 2017, the local control and accountability plan template to include any changes necessary to reflect the provision of transitional kindergarten. 33)Establishes transitional kindergarten to do all of the following: a)Support all children in developing the skills needed to build a strong foundation for success in school and life. This bill requires these skills to be based on developmental domains outlined in the California Preschool Learning Foundations, and include but not be limited to, all of the following: i)Cognitive skills such as language, early literacy, and numeracy. ii)Social-emotional skills such as perseverance, self-control, self- esteem, motivation and conscientiousness. iii)Physical skills such as gross and fine motor development, and healthy eating habits. b)Be age and developmentally appropriate. c)Build on high-quality early learning and child care programs, including federal Head Start programs, to sustain and support the cognitive, social-emotional, and physical development that children achieve attending those programs. 34)Requires a school district or charter school offering transitional kindergarten to provide public notice of the availability of transitional kindergarten using a variety of strategies to reach and inform families living in areas of poverty or high linguistic diversity, including but not limited to providing information through schoolsite councils, school advisory groups, community organizations and parent meetings. 35)Modifies the existing definition of “transitional kindergarten” to strike reference to being the first year of a two-year kindergarten program using a modified kindergarten curriculum, to instead define it as a school-year long kindergarten readiness grade level for children who will be four years old before September 1 of the year in which he or she enrolls in transitional kindergarten. 36)States legislative findings and declarations relative to a comprehensive and adequately funded early learning and educational support system for children from birth to five years of age, and states legislative intent that the expansion of transitional kindergarten does not adversely impact access to early care and education opportunities for infants and toddlers. STAFF COMMENTS SB 837 Page 10 1)Existing programs for four-year olds . Transitional kindergarten currently serves “older” four-year olds and “young” five-year olds who have their fifth birthday after the cut-off date for kindergarten (between October 2 and December 2 for the current school year, and between September 2 and December 2 beginning with the 2014-15 school year). Eligibility for transitional kindergarten is limited to this cohort of students because they would have been eligible for kindergarten under the previous entry-age. The California Longitudinal Pupil Achievement Data System has not included data specific to enrollment in transitional kindergarten; it could not distinguish between students who attend kindergarten and students who attend transitional kindergarten. However, it is possible to determine how many students are eligible for transitional kindergarten by examining birth dates. Using population projections issued by the Department of Finance, and the assumption that 70% of eligible students enroll in transitional kindergarten, is it estimated that 125,000 children (who turn five between September 1 and December 2) will be eligible to enroll in transitional kindergarten in the 2014-15 school year. This bill does not affect eligibility for the 2014-15 school year. This bill would extend eligibility for transitional kindergarten to children who may be currently attending programs described in the Background section of this analysis. Will programs currently serving these children lose funding by serving fewer four-year olds? How will loss of funding affect those programs? 2)Teacher and paraprofessional qualifications . This bill requires transitional kindergarten teachers to hold at least a child development teacher permit, and by July 1, 2019, requires transitional kindergarten teachers to have a baccalaureate degree and a teaching credential. Existing law does not address qualifications for transitional kindergarten teachers; these classes are currently taught by teachers who hold a multiple subject credential. Possession of a baccalaureate degree is currently one of the requirements to obtain a teaching credential. This bill requires teachers with a multiple subject credential to also have 24 units in early childhood education or child development (by July 1, 2019), which is not currently a requirement for a multiple subject credential. Existing requirements for a child development teacher permit include 24 units in early childhood education or child development. This bill does not preclude those 24 units from “counting” toward the requirements for transitional kindergarten teachers. This bill requires transitional kindergarten paraprofessionals to hold at least a child development assistant permit, and by July 1, 2019, requires paraprofessionals to have a child development teacher permit. Assistant permits require completion of six units in early childhood education or child development, while the teacher permit requires completion of 24 units plus 16 units in general education. SB 837 Page 11 It is not clear where staff will complete this coursework (presumably at community colleges). Will the necessary coursework be available and accessible, particularly for the workforce in areas that are not near a community college? How much will it cost, and how will it be paid for? Is the July 1, 2019, deadline sufficient time for the workforce to complete these requirements? 3)Contracting . This bill authorizes transitional kindergarten to be operated using available classroom space at a public schoolsite meeting kindergarten classroom requirements, or at any public or private facility that has a child care license. Granting the authority to contract with private providers is meant to alleviate some of the problems encountered when the State implemented Class Size Reduction, such as the lack of available teachers and facilities. This bill requires school districts or charter schools to be responsible for oversight and administration of transitional kindergarten in the same manner as if transitional kindergarten were located on a schoolsite, and requires transitional kindergarten to be under the exclusive management and control of the governing board of the school district or governing body of the charter school that administers the contract. For purposes of transitional kindergarten operated by a private provider, this bill defines “immediate supervision” as serving students under the immediate supervision of an employee of the private local provider who satisfies the educational requirements for transitional kindergarten teachers or paraprofessional. Staff recommends an amendment to clarify that this provision relates to the supervision of students, rather than the supervision of employees of a private provider. (“Immediate supervision” in Section 46300(g) (3) is within the context of supervising students pursuant to Section 46300(a)). This bill requires contractors to meet Title 22 health and safety requirements, and have a child care license, yet defines “public facility” and “private facility” as a public or private facility that either has a child care license for age-eligible children or is exempt from licensure. It appears that this bill requires the contractor to hold a child care license yet the delivery of transitional kindergarten instruction may be provided in a facility that is not licensed. Will school districts and charter schools choose to contract with private providers, who may be serving these children currently? Will private providers be forced to provide fewer opportunities for four-year olds? Will school districts and charters that contract out ensure the private provider meets all requirements and provide proper oversight? Is it appropriate to contract out for instruction that is part of the K-12 public school system? 4)Full-day . This bill requires funding for preschool to be used to provide services for eligible children, including augmenting transitional kindergarten to provide full-day, full-year learning and child care services for participants. This bill requires transitional kindergarten funds to supplement, and not supplant, federal and state funding for existing child care and development SB 837 Page 12 programs. This bill requires transitional kindergarten to include elements to promote integration and alignment with the early learning and child care system and the elementary education system, including coordination with other providers of services to young children, and coordination of services with full-day, full- year early learning and child care programs. This bill requires, beginning with the 2015-16 school year, transitional kindergarten to be taught by at least one teacher and one paraprofessional. Pursuant to this bill, providers of transitional kindergarten will have a paraprofessional on staff that may be available to provide full-day wraparound services more cost-effectively than if a teacher were to provide those services. This bill does not require transitional kindergarten to provide a full-day program, nor does this bill ensure that students who attend transitional kindergarten will have access to full-day programs. Will providers of transitional kindergarten also provide full-day programs or services? Will low- income four-year olds continue to be eligible for State Preschool or Head Start, even if only for wraparound services provided through State Preschool or Head Start? Will students who are not eligible for subsidized programs have access to early learning or care programs for the portion of the day those students are not attending transitional kindergarten? Will families find it difficult to piece together part-day transitional kindergarten and part-day wraparound services, particularly since transitional kindergarten is not required to be offered on every schoolsite? 5)Class size and staffing . This bill requires, beginning with the 2015-16 school year, transitional kindergarten to be taught by at least one teacher and one paraprofessional. This bill also caps class sizes at 20 children, thereby establishing a student-to-adult ratio of 10:1. The ratios for State Preschool are 8:1 child-to-adult, and 24:1 child-to-teacher. The ratio for kindergarten is 24:1. The ratio for Head Start is 10:1. It is unclear how different ratios will affect the ability of programs to offer a blended full-day program. 6)Curriculum . Current law requires transitional kindergarten to use a modified kindergarten curriculum that is age and developmentally appropriate. This bill requires, until statewide transitional kindergarten standards are adopted, use of the California Preschool Learning Foundations. http://www.cde.ca.gov/sp/cd/re/psfoundations.asp This bill requires the Superintendent of Public Instruction (SPI) to develop, and the State Board of Education (SBE) to adopt, by January 30, 2016, transitional kindergarten standards that include but are not limited to the nine developmental domains that are included in the California Preschool Learning Foundations. This bill requires the SBE, after adopting the transitional kindergarten standards, to review the curriculum frameworks in English language arts (including English language development), mathematics, science, and history- SB 837 Page 13 social science for conformity with the transitional kindergarten standards. This bill requires the SBE, by January 30, 2017, to modify the frameworks, if appropriate, to align them with the transitional kindergarten standards and ensure that those standards are incorporated into the frameworks. Staff recommends amendments to delete the requirement that the SPI develop standards, and SBE review and modify frameworks, to instead require the Instructional Quality Commission to undertake these activities. 7)Fiscal impact . This bill requires, beginning with the 2015-16 school year, transitional kindergarten programs to receive 2/3 of the per student base grant per unit of average daily attendance, as adjusted for inflation, plus an additional adjustment of 10.4%, and a supplemental grant add-on. This is the local control funding formula (LCFF), minus the concentration grants. It appears this results in the generation of full per-average daily attendance funding amount, rather than being factored into the LCFF target which provides a portion of funding until full implementation of the LCFF is reached. According to estimates provided by the author’s office, assuming a 70% rate of enrollment in transitional kindergarten, this bill could cost an additional $1.46 billion upon full implementation in the 2019-20 school year. These funds would be added to the Proposition 98 base. 8)Related legislation . SB 1123 (Liu) establishes Strong Start early learning and care services for infants and toddlers that, among other things, modifies staffing ratios and requires, by July 1, 2019, providers to have at least one teacher in each classroom that holds a child development teacher permit. SUPPORT Advancement Project Alpaugh Unified School District Bay Area First 5 Executive Directors California State PTA Children Now Common Sense Media Compton Unified School District County of Santa Clara Supervisor, District Three East Bay Community Foundation Families in Schools Family Engagement Institute Fight Crime: Invest in Kids First 5 Association of California First 5 Fresno County InnerCity Struggle Junior Leagues of California State Public Affairs Committee League of Women Voters of California Los Angeles Chamber of Commerce Mission: Readiness Military Leaders for Kids SB 837 Page 14 Oak Grove School District Parent Institute for Quality Education Placentia-Yorba Linda Unified School District Planned Parenthood Mar Monte Santa Clara County Office of Education Superintendent of the Los Angeles Unified School District United Way of California Zero To Three Western Office OPPOSITION None on file. SENATE BILL No. 837 Introduced by Senators Steinberg, Beall, Block, DeSaulnier, Hancock, Hill, Lara, Leno, Liu, and Wolk (Coauthor: Assembly Member Bonta) January 6, 2014 An act to amend Sections 46300 and 48000 of, and to add Article 1.5 (commencing with Section 48005.10) to Chapter 1 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to transitional kindergarten. legislative counsel’s digest SB 837, as introduced, Steinberg. Schools: transitional kindergarten. Existing law authorizes a school district or charter school to maintain a transitional kindergarten program, and, as a condition of receipt of apportionments for pupils in a transitional kindergarten program, requires the school district or charter school to comply with specified minimum age requirements for pupils participating in the transitional kindergarten program. Existing law also specifies that a transitional kindergarten program shall not be construed as a new program or higher level of service. This bill, the Kindergarten Readiness Act of 2014, would instead require each school district or charter school that offers kindergarten to offer transitional kindergarten, and would require a child that meets specified minimum age requirements to be admitted to transitional kindergarten. The bill would authorize the average daily attendance of a school district to include the average daily attendance of pupils enrolled in transitional kindergarten and would require transitional kindergarten to receive a per pupil base grant for apportionment purposes, as specified. The bill would require transitional kindergarten to be taught by teachers and associate teachers who meet certain 99 requirements, and would require transitional kindergarten to include specified elements that promote integration and alignment with the early learning and child care system and the elementary education system. The bill would require a school district or charter school offering transitional kindergarten to provide public notice of the availability of transitional kindergarten and to administer transitional kindergarten, as specified. The bill would authorize a school district or charter school administering transitional kindergarten to contract with a public local agency or private local provider, or both, to participate in the delivery of transitional kindergarten. The bill would require a private local provider participating in the delivery of transitional kindergarten to be considered a public school employer, as defined, for certain purposes. By requiring school districts and charter schools that offer kindergarten to offer transitional kindergarten, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. This act shall be known and may be cited as the line 2 Kindergarten Readiness Act of 2014. line 3 SEC. 2. (a)  The Legislature finds and declare all of the line 4 following: line 5 (1)  Recent reforms such as implementation of the common core line 6 state standards and the local control funding formula establish line 7 increased quality and greater equity in California’s public education line 8 system. line 9 (2)  However, these reforms do not address the reality that an line 10 achievement gap among children is present well before children line 11 first step through the kindergarten classroom door. line 12 (3)  Recent research shows that by the age of two, low-income line 13 children are six months behind in language development relative 99 — 2 —SB 837 line 1 to their higher income peers, and that by age five, low-income line 2 children are more than two years behind their higher income peers line 3 in language development. line 4 (4)  Research also shows that California children with the largest line 5 gaps in school readiness and achievement are the least likely to line 6 participate in any preschool and the least likely to attend line 7 high-quality preschool programs. line 8 (5)  Only half of California’s low-income preschoolers benefit line 9 from existing state preschool programs or federal Head Start line 10 programs, and only one-quarter of all children are provided with line 11 transitional kindergarten. line 12 (6)  Children who do not read proficiently by the end of third line 13 grade are four times less likely to graduate from high school on line 14 time. line 15 (7)  Only 48% of California’s third graders tests proficient or line 16 better in English language arts. line 17 (8)  Nationally, more than 100 studies have shown that line 18 high-quality preschool significantly improves a child’s school line 19 readiness and school performance. line 20 (9)  Numerous longitudinal studies have shown that high-quality line 21 transitional kindergarten programs decrease grade retention and line 22 special education placements and increase high school graduation line 23 rates, college enrollment rates, and earnings in adulthood. line 24 High-quality transitional kindergarten programs also decrease line 25 taxpayer costs on criminal justice and welfare. line 26 (10)  If California were to invest in high-quality preschool line 27 programs, the savings in the prison system alone are estimated to line 28 reach $1.1 billion per year due to reducing the prison population line 29 by 13,000 prisoners. line 30 (b)  It is the intent of the Legislature in enacting the Kindergarten line 31 Readiness Act of 2014 to accomplish all of the following: line 32 (1)  Make early childhood education in California a rational and line 33 efficient system so that all of California’s four-year-old children line 34 have access to a voluntary, high-quality transitional kindergarten line 35 program one year before enrolling in kindergarten. line 36 (2)  More strategically use existing state and federal funds to line 37 provide full-day, developmentally appropriate services for line 38 four-year-old children from low-income families, and provide line 39 high-quality early learning and care to those children who need it line 40 the most. 99 SB 837— 3 — line 1 (3)  Ensure that children are four years of age by September 1 line 2 in order to attend transitional kindergarten in that academic year. line 3 (4)  Ensure that parents and guardians receive timely information line 4 from local educational agencies about the new age requirements line 5 for enrollment in transitional kindergarten that are implemented line 6 pursuant to this act. line 7 SEC. 3. Section 46300 of the Education Code is amended to line 8 read: line 9 46300. (a)  In computing average daily attendance of a school line 10 district or county office of education, there shall be included the line 11 attendance of pupils while engaged in educational activities line 12 required of those pupils and under the immediate supervision and line 13 control of an employee of the school district or county office of line 14 education who possessed a valid certification document, registered line 15 as required by law. line 16 (b)  (1)  For purposes of a work experience education program line 17 in a secondary school that meets the standards of the California line 18 State Plan for Career Technical Education, “immediate line 19 supervision,” in the context of off-campus work training stations, line 20 means pupil participation in on-the-job training as outlined under line 21 a training agreement, coordinated by the school district under a line 22 state-approved plan, wherein the employer and certificated school line 23 personnel share the responsibility for on-the-job supervision. line 24 (2)  The pupil-teacher ratio in a work experience program shall line 25 not exceed 125 pupils per full-time equivalent certificated teacher line 26 coordinator. This ratio may be waived by the state board pursuant line 27 to Article 3 (commencing with Section 33050) of Chapter 1 of line 28 Part 20 of Division 2 under criteria developed by the state board. line 29 (3)  A pupil enrolled in a work experience program shall not be line 30 credited with more than one day of attendance per calendar day, line 31 and shall be a full-time pupil enrolled in regular classes that meet line 32 the requirements of Section 46141 or 46144. line 33 (c)  (1)  For purposes of the rehabilitative schools, classes, or line 34 programs described in Section 48917 that require immediate line 35 supervision, “immediate supervision” means that the person to line 36 whom the pupil is required to report for training, counseling, line 37 tutoring, or other prescribed activity shares the responsibility for line 38 the supervision of the pupils in the rehabilitative activities with line 39 certificated personnel of the school district. 99 — 4 —SB 837 line 1 (2)  A pupil enrolled in a rehabilitative school, class, or program line 2 shall not be credited with more than one day of attendance per line 3 calendar day. line 4 (d)  (1)  For purposes of computing the average daily attendance line 5 of pupils engaged in the educational activities required of high line 6 school pupils who are also enrolled in a regional occupational line 7 center or regional occupational program, the school district shall line 8 receive proportional average daily attendance credit for those line 9 educational activities that are less than the minimum schoolday, line 10 pursuant to regulations adopted by the state board; however, none line 11 of that attendance shall be counted for purposes of computing line 12 attendance pursuant to Section 52324. line 13 (2)  A school district shall not receive proportional average daily line 14 attendance credit pursuant to this subdivision for a pupil in line 15 attendance for less than 145 minutes each day. line 16 (3)  The divisor for computing proportional average daily line 17 attendance pursuant to this subdivision is 240, except that, in the line 18 case of a pupil excused from physical education classes pursuant line 19 to Section 52316, the divisor is 180. line 20 (4)  Notwithstanding any other provision of law, travel time of line 21 pupils to attend a regional occupational center or regional line 22 occupational program shall not be used in any manner in the line 23 computation of average daily attendance. line 24 (e)  (1)  In computing the average daily attendance of a school line 25 district, there shall also be included the attendance of pupils line 26 participating in independent study conducted pursuant to Article line 27 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 for line 28 five or more consecutive schooldays. line 29 (2)  A pupil participating in independent study shall not be line 30 credited with more than one day of attendance per calendar day. line 31 (f)  For purposes of cooperative career technical education line 32 programs and community classrooms described in Section 52372.1, line 33 “immediate supervision” means pupil participation in paid and line 34 unpaid on-the-job experiences, as outlined under a training line 35 agreement and individualized training plans wherein the supervisor line 36 of the training site and certificated school personnel share the line 37 responsibility for the supervision of on-the-job experiences. line 38 (g)  (1)  In computing the average daily attendance of a school line 39 district, there shall be included the attendance of pupils in line 40 kindergarten after they have completed one school year in 99 SB 837— 5 — line 1 kindergarten or pupils in a transitional kindergarten program after line 2 they have completed one year in that program if one of the line 3 following conditions is met: transitional kindergarten and line 4 kindergarten. line 5 (A)  The school district has on file for each of those pupils an line 6 agreement made pursuant to Section 48011, approved in form and line 7 content by the department and signed by the pupil’s parent or line 8 guardian, that the pupil may continue in kindergarten for not more line 9 than one additional school year. line 10 (B)  The pupils participated in a transitional kindergarten line 11 program pursuant to subdivision (c) of Section 48000. line 12 (2)  A school district may not include for apportionment purposes line 13 the attendance of any pupil for more than two years in kindergarten line 14 or for more than two years in a combination of transitional line 15 kindergarten and kindergarten. line 16 (3)  For purposes of transitional kindergarten operated by a line 17 private local provider pursuant to paragraph (2) of subdivision line 18 (a) of Section 48005.20, “immediate supervision” means being line 19 under the immediate supervision of an employee of the private line 20 local provider who satisfies the requirements of Section 48005.35. line 21 SEC. 4. Section 48000 of the Education Code is amended to line 22 read: line 23 48000. (a)  A child shall be admitted to a kindergarten line 24 maintained by the school district at the beginning of a school year, line 25 or at a later time in the same year, if the child will have his or her line 26 fifth birthday on or before one of the following dates: line 27 (1)  December 2 of the 2011–12 school year. line 28 (2)  November 1 of the 2012–13 school year. line 29 (3)  October 1 of the 2013–14 school year. line 30 (4)  September 1 of the 2014–15 school year and each school line 31 year thereafter. line 32 (b)  A child shall be admitted to a transitional kindergarten line 33 maintained by the school district at the beginning of a school year, line 34 or at a later time in the same year, if the child will have his or her line 35 fifth birthday between the following dates: line 36 (1)  September 2, 2015, to February 1, 2016, inclusive, for the line 37 2015–16 school year. line 38 (2)  September 2, 2016, to April 1, 2017, inclusive, for the line 39 2016–17 school year. 99 — 6 —SB 837 line 1 (3)  September 2, 2017, to June 1, 2018, inclusive, for the line 2 2017–18 school year. line 3 (4)  September 2, 2018, to August 2, 2019, inclusive, for the line 4 2018–19 school year. line 5 (c)  A child shall be admitted to a transitional kindergarten line 6 maintained by the school district at the beginning of a school year, line 7 or at a later time in the same year, if the child will have his or her line 8 fourth birthday on or before September 1 of the 2019–20 school line 9 year and each school year thereafter. line 10 (b) line 11 (d)  The governing board of a school district maintaining one or line 12 more kindergartens may, on a case-by-case basis, admit to a line 13 kindergarten a child having attained the age of five years at any line 14 time during the school year with the approval of the parent or line 15 guardian, subject to the following conditions: line 16 (1)  The governing board of the school district determines that line 17 the admittance is in the best interests of the child. line 18 (2)  The parent or guardian is given information regarding the line 19 advantages and disadvantages and any other explanatory line 20 information about the effect of this early admittance. line 21 (c)  As a condition of receipt of apportionment for pupils in a line 22 transitional kindergarten program pursuant to subdivision (g) of line 23 Section 46300, a school district or charter school shall ensure the line 24 following: line 25 (1)  In the 2012–13 school year, a child who will have his or her line 26 fifth birthday between November 2 and December 2 shall be line 27 admitted to a transitional kindergarten program maintained by the line 28 school district. line 29 (2)  In the 2013–14 school year, a child who will have his or her line 30 fifth birthday between October 2 and December 2 shall be admitted line 31 to a transitional kindergarten program maintained by the school line 32 district. line 33 (3)  In the 2014–15 school year and each school year thereafter, line 34 a child who will have his or her fifth birthday between September line 35 2 and December 2 shall be admitted to a transitional kindergarten line 36 program maintained by the school district. line 37 (d) line 38 (e)  For purposes of this section, “transitional kindergarten” line 39 means the first year of a two-year kindergarten program that uses line 40 a modified kindergarten curriculum that is age and developmentally 99 SB 837— 7 — line 1 appropriate. a school-year long kindergarten readiness grade level line 2 that is age and developmentally appropriate for a child who will line 3 be four years old before September 1 of the year in which he or line 4 she enrolls in transitional kindergarten. line 5 (e)  A transitional kindergarten shall not be construed as a new line 6 program or higher level of service. line 7 SEC. 5. Article 1.5 (commencing with Section 48005.10) is line 8 added to Chapter 1 of Part 27 of Division 4 of Title 2 of the line 9 Education Code, to read: line 10 line 11 Article 1.5. Kindergarten Readiness Act of 2014 line 12 line 13 48005.10.   Transitional kindergarten is hereby established to line 14 do all of the following: line 15 (a)  Support all children in developing the skills necessary for line 16 success in school and life. These skills shall include, but are not line 17 limited to, all of the following: line 18 (1)  Cognitive skills such as language, early literacy, and line 19 numeracy. line 20 (2)  Social-emotional skills such as perseverance, self-control, line 21 self-esteem, motivation, and conscientiousness. line 22 (3)  Physical skills such as gross and fine motor development, line 23 and healthy eating habits. line 24 (b)  Be age and developmentally appropriate. line 25 (c)  Build on high-quality early learning and child care programs, line 26 including federal Head Start programs, to sustain the gains that line 27 children achieve attending those programs. line 28 48005.15. (a)  A school district or charter school that offers line 29 kindergarten shall make transitional kindergarten available to all line 30 eligible children and shall allow, to the greatest extent possible, a line 31 parent of an eligible child to choose the transitional kindergarten line 32 that the eligible child attends. line 33 (b)  On or before July 1, 2015, each county superintendent of line 34 schools shall conduct a review of the level of access to transitional line 35 kindergarten, state preschool, and Head Start provided to eligible line 36 children within the county. The review shall include, but is not line 37 limited to, a description of the plans of the school districts and line 38 charter schools in the county that offer kindergarten, to make line 39 transitional kindergarten available to all eligible children by the 99 — 8 —SB 837 line 1 2019–20 school year. The county superintendent of schools shall line 2 post the results of the review on its Internet Web site. line 3 (c)  To encourage the efficient use of existing facilities, line 4 transitional kindergarten may be operated using available classroom line 5 space at a public schoolsite meeting kindergarten classroom line 6 requirements, or at any public or private facility that has a child line 7 care license for age-eligible children, as defined in Division 12 of line 8 Title 22 of the California Code of Regulations. line 9 (d)  Federal funding for preschool programs, and state funding line 10 annually appropriated in the Budget Act for the support of state line 11 preschool programs, shall be used to provide services for eligible line 12 three-, four-, and five-year-old children, including augmenting line 13 transitional kindergarten to provide full-day learning and child line 14 care services for participants. line 15 (e)  Transitional kindergarten funds shall supplement, and not line 16 supplant, federal and state funding for existing child care and line 17 development programs. line 18 48005.20. (a)  A school district or charter school offering line 19 transitional kindergarten shall do both of the following: line 20 (1)  Provide public notice of the availability of transitional line 21 kindergarten using a variety of strategies to reach and inform line 22 families living in areas of poverty or high linguistic diversity, line 23 including, but not limited to, providing information through line 24 schoolsite councils, school advisory groups, community line 25 organizations, and parent meetings. line 26 (2)  Administer the program for participating children. A school line 27 district or charter school administering transitional kindergarten line 28 may contract with a public local agency, including, but not limited line 29 to, a county office of education, or a private local provider, or both, line 30 to participate in the delivery of transitional kindergarten consistent line 31 with the statutory requirements of transitional kindergarten. line 32 (b)  (1)  It is the intent of the Legislature that a school district or line 33 charter school offering transitional kindergarten provide line 34 high-quality professional development aligned to transitional line 35 kindergarten standards adopted by the state board and designed to line 36 improve child learning and development. It is further the intent of line 37 the Legislature that professional development for transitional line 38 kindergarten teachers and associate teachers supports both of the line 39 following: 99 SB 837— 9 — line 1 (A)  Teacher-child interactions that promote child engagement line 2 and learning. line 3 (B)  The use of child-level and class-level data to inform line 4 instructional strategies. line 5 (2)  Professional development for transitional kindergarten line 6 teachers and associate teachers shall be aligned with the line 7 professional development provided to teachers and administrative line 8 staff in kindergarten and grades 1 to 3, inclusive. line 9 48005.25. Transitional kindergarten shall include all of the line 10 following elements to promote integration and alignment with the line 11 early learning and child care system and the elementary education line 12 system: line 13 (a)  Until statewide transitional kindergarten standards are line 14 adopted, use of the research-based age and developmentally line 15 appropriate preschool learning foundations of the department for line 16 all eight early childhood domains and the kindergarten education line 17 content standards that are aligned with elementary education line 18 standards. line 19 (b)  Use and implementation of curriculum frameworks, line 20 instructional materials, and diagnostic assessment tools that are line 21 aligned with the California Preschool Learning Foundations and line 22 the kindergarten education content standards. line 23 (c)  Inclusion in the single school plan for pupil achievement line 24 and the local control and accountability plan. line 25 (d)  Participation in the California Longitudinal Pupil line 26 Achievement Data System and the California School Information line 27 Services. line 28 (e)  Coordination with other providers of services to young line 29 children, including, but not limited to, providers of health line 30 insurance, health services, including mental and behavioral health, line 31 developmental screening and assessment, parent literacy and line 32 education, and social services, especially through systems of care line 33 provided by First 5 California programs, preschool, and school line 34 health services and clinics. line 35 (f)  Coordination of services with full-day, full-year early line 36 learning and child care programs. line 37 48005.30. (a)  On or before July 1, 2015, the Superintendent line 38 shall develop, and the state board shall adopt, the regulations line 39 necessary to implement this article and transitional kindergarten line 40 and shall incorporate existing regulations and guidelines, as 99 — 10 —SB 837 line 1 appropriate. The state board may adopt emergency regulations for line 2 purposes of this subdivision, and the adoption of emergency line 3 regulations by the state board pursuant to this subdivision shall be line 4 deemed necessary for the immediate preservation of the public line 5 peace, health and safety, or general welfare. line 6 (b)  On or before July 1, 2016, the Superintendent shall develop, line 7 and the state board shall adopt, transitional kindergarten standards, line 8 curriculum frameworks, and instructional materials that include, line 9 but are not limited to, social-emotional development, English line 10 language arts, English language development, mathematics, and line 11 science, that are based on the California Preschool Learning line 12 Foundations and aligned to kindergarten education content line 13 standards. line 14 (c)  On or before January 31, 2017, the state board shall revise line 15 the local control and accountability plan template, adopted pursuant line 16 to Section 52064, to include any changes necessary to reflect the line 17 provision of high-quality transitional kindergarten to all eligible line 18 children. line 19 48005.35. (a)  On or before July 1, 2015, all transitional line 20 kindergarten classes shall be taught by a teacher who holds, at a line 21 minimum, an associate degree, and has a professional development line 22 plan that provides for a baccalaureate degree with at least 24 units line 23 in early childhood education and a teaching credential by July 1, line 24 2019. line 25 (b)  On or before July 1, 2019, all transitional kindergarten line 26 classes shall be taught by a teacher who holds a baccalaureate line 27 degree with at least 24 units in early childhood education and a line 28 teaching credential. line 29 (c)  On or before July 1, 2015, all transitional kindergarten line 30 associate teachers shall have, at a minimum, 24 units in early line 31 childhood education, and a professional development plan that line 32 provides for an associate degree by July 1, 2019. line 33 (d)  On or before July 1, 2019, all transitional kindergarten line 34 associate teachers shall have an associate degree with at least 24 line 35 units in early childhood education. line 36 (e)  Commencing with the 2015–16 school year, for purposes line 37 of compensation, including salary and benefits, transitional line 38 kindergarten teachers and associate teachers shall provide two line 39 part-day sessions per day in order to be considered full-time line 40 employees. 99 SB 837— 11 — line 1 (f)  On or before July 1, 2015, the Superintendent, in line 2 collaboration with the Commission on Teacher Credentialing, the line 3 public postsecondary education system, including the California line 4 Community Colleges, and private postsecondary institutions, shall line 5 establish a workforce development plan for transitional line 6 kindergarten teachers and associate teachers that provides for line 7 adequate opportunities for existing early childhood educators to line 8 obtain the necessary transitional kindergarten qualifications by line 9 July 1, 2019. line 10 (g)  Commencing with the 2015–16 school year, transitional line 11 kindergarten shall be taught by at least one teacher and one line 12 associate teacher, and class size shall be limited to no more than line 13 20 children. line 14 48005.40. (a)  Transitional kindergarten shall be eligible for line 15 school facilities funding. line 16 (b)  Funds made available to public schools for joint use facilities line 17 may be used for transitional kindergarten. line 18 (c)  Public local agencies or private local providers, or both, line 19 participating in the delivery of transitional kindergarten are line 20 encouraged to seek shared use agreements with a broad array of line 21 public and private entities. line 22 48005.45. Commencing with the 2015–16 school year, line 23 transitional kindergarten shall receive a per pupil base grant per line 24 unit of average daily attendance equal to two-thirds of the annual line 25 per pupil base grant provided for in subparagraph (A) of paragraph line 26 (1) of subdivision (d) of Section 42238.02, as adjusted for inflation line 27 pursuant to paragraph (2) of subdivision (d) of Section 42238.02, line 28 plus an additional adjustment of 10.4 percent, and a supplemental line 29 grant add-on, as computed pursuant to subdivision (e) of Section line 30 42238.02. line 31 48005.50. For purposes of establishing collective bargaining line 32 rights for employees of a private local provider of transitional line 33 kindergarten pursuant to the terms of an agreement with the line 34 administering school district or charter school, as a condition of line 35 the receipt of funds, the private local provider shall be considered line 36 a public school employer, as defined in subdivision (k) of Section line 37 3540.1 of the Government Code, and Chapter 10.7 (commencing line 38 with Section 3540) of Division 4 of Title 1 of the Government line 39 Code, shall apply to the private local provider. 99 — 12 —SB 837 line 1 SEC. 6. If the Commission on State Mandates determines that line 2 this act contains costs mandated by the state, reimbursement to line 3 local agencies and school districts for those costs shall be made line 4 pursuant to Part 7 (commencing with Section 17500) of Division line 5 4 of Title 2 of the Government Code. O 99 SB 837— 13 — 1 EMPLOYMENT AND HUMAN SERVICES CONTRA COSTA COUNTY TO: Legislation Committee Members DATE: March 28, 2014 cc Kathy Gallagher David Twa FROM: Camilla Rand, Director of Community Services SUBJECT: Memo Outlining Concerns and Unanswered Questions Regarding Senate Bill 837, Kindergarten Readiness Act of 2014 Please see attached memo with regards to Senate Bill 827 (Steinberg). This memo, developed in partnership with early care and education leaders throughout the state and county outlines several issues that could impact Head Start and other essential programs in Contra Costa County. Recommendation: Early care and education leaders in Contra Costa County believe that SB 837 must be revised to affirm and build on existing programs, plans and infrastructure for providing comprehensive, evidence-based, high quality early care and education which is developmentally appropriate for all four-year-olds in California. Building upon existing plans and resources provides an alternative to embedding these vital services in the K-12 service delivery system and burdening individual school districts with developing new plans to address SB 837. We also advocate for key stakeholder groups to be involved in planning discussions moving forward to ensure that multiple perspectives are heard and requirements resulting from the legislation align with current best practices in the field of early care and education. 1 Concerns and Unanswered Questions Regarding Senate Bill 837 (Steinberg) Kindergarten Readiness Act of 2014 This statement is in response to Senate Bill 837, current legislation expanding Transitional Kindergarten (TK) for all four year old children in California. While the SB 837 model provides an intriguing pathway to providing universal, high quality preschool for all four year olds, there are concerns with some elements of the legislation. By combining two less-than- ideal existing programs into one system with high, developmentally appropriate standards, California would quickly change the outlook for thousands of children. One major concern of SB 837 is that K-12 systems are not traditionally providers of early education. Shifting the responsibility for a statewide preschool system onto local school districts that have little or no experience in providing high-quality, developmentally appropriate early education could be risky. The experience of transitional kindergarten up to now has been instructive; some districts have fully embraced the early education model, others have used their kindergarten classrooms as the template. In addition, California schools are currently going through two major reforms, “Common Core” and the Local Control Funding Formula shift that will require significant resources to enact within local districts. SB 837 provides for a five year phase-in, but the question remains as to how well districts will be able to carry out another significant educational program. In addition to these concerns, there is also question regarding the fate of the federally funded Head Start program. Advocates for the bill have indicated that they expect school districts to carry out all preschool education for four year olds, leaving Head Start to serve only three year olds. This goes against the historical philosophy and intent of Head Start and would likely require a federal waiver of some kind. Head Start is a national program, developed in 1965 as an integral strategy in the “War on Poverty.” For 50 years, programs nationwide have been providing high quality, evidence-based early care and education to the county’s economically disadvantaged three and four year-olds. While the intent of SB 837 is honorable, there are considerable concerns regarding the impact of this legislation, as written, on the Head Start community in California. Comprehensive Services: Head Start programs provide comprehensive services to children and their families, which include health, mental health, nutrition, in-depth family support and other services determined to be necessary by family needs assessments, in addition to education and cognitive development services. Rooted in the belief that “it takes a village,” Head Start programs create formal and informal partnerships with community-based programs to ensure that family strengths are built upon and needs are met, resulting in a multi-faceted community-based approach to serving families that meets them where they are and grows with them. The Office of Head Start Parent, Family, and Community Engagement Framework, implemented by all Head Start Programs, serves as a roadmap to chart progress in achieving the kinds of outcomes that lead to positive and enduring change for children and families in this community-based effort. Head Start also specializes in services to children with disabilities and their families, integrating these services into the least restrictive environment by adjusting environments and curricula to meet individualized needs. Head Start is predicated on the belief that these comprehensive services are a vital ingredient to any school readiness program. These services are not present in SB 837, which would mean that many of the nearly 113,000 disadvantaged children might not receive the essential comprehensive services that are designed specifically to help them perform at par or better with their peers living above the poverty level. 2 Program Standards of Quality: Over 50 years of practice and research have resulted in Head Start Performance Standards and other measures of quality such as CLASS (Classroom Assessment and Scoring System), which ensure that developmentally appropriate practices are present in every aspect of a model early care program. As accountability was enhanced over the years, outcome measures have been required to illustrate that children and families are making the necessary gains as a result of the provision of services. Child outcomes reporting based on standardized assessments and family outcomes reporting, is based on quality of life measures that are a strong component of Head Start systems, whereas SB 837 is silent on such measurement systems. Head Start standards have long been lauded as the hallmark of quality and have been incorporated into other standards such as those used by the National Association for the Education of Young Children (NAEYC), the American Academy of Pediatrics national standards for care of children in out-of-home settings, and California Community Care Title XXII Licensing Standards. Standards, such as these, are absent in the proposed TK for All legislation. Barriers to Collaboration: While the proposed legislation calls for school districts to collaborate with existing child care entities, many of the requirements make it impossible for most providers, including Head Start, to partner.  Teacher Qualifications and Supervision: There is question as to whether teachers in these programs may be considered school district staff in an effort to address pay equity. It also requires that teachers hold a bachelor’s degree (an effort currently underway for Head Start Teachers) and an undetermined teaching credential as opposed to an early childhood specific credential, which appropriately addresses the developmental needs of four-year olds that are very different from those of school-aged children. Confusing the matter is language in SB 837 which says “For purposes of TK operated by a private local provider, ‘immediate supervision’ means being under the immediate supervision of an employee of the local provider who satisfies the requirements of Section 48005.35.” This would seem to raise “exclusive control” problems within the meaning of Section 8, Part IX, of the Constitution.  The Use of Average Daily Attendance (ADA) Funding: While SB 837 proposes to expand the existing TK to ensure the entitlement of this grade level for all California four-year olds and tap education’s per child funding under Proposition 98 (ADA), it also would encourage, “shared use arrangements” with a broad array of public and private entities and allow school districts to subcontract transitional kindergarten to a county office of education or to “a private local provider.” This language clearly does not require the involvement of community organizations with early care expertise nor does it ensure any method of a mixed delivery of services. Further, there is a legal question to whether public school services can be contracted to a non-public school, community-based provider under the Constitution. Early care and education leaders in Contra Costa County believe that SB 837 must be revised to affirm and build on existing programs, plans and infrastructure for providing comprehensive, evidence-based, high quality early care and education which is developmentally appropriate for all four-year-olds in California. Building upon existing plans and resources provides an alternative to embedding these vital services in the K-12 service delivery system and burdening individual school districts with developing new plans to address SB 837. We also advocate for key stakeholder groups to be involved in planning discussions moving forward to ensure that multiple perspectives are heard and requirements resulting from the legislation align with current best practices in the field of early care and education.