Under existing law, a person between 6 and 18 years of age who is not exempted by law is subject to compulsory full-time education. Existing law excludes a child under 6 years of age from the public schools, subject to specified exceptions.

Existing law requires a school district maintaining a kindergarten to admit a child who will have their 5th birthday on or before September 1 of the school year. Existing law also requires a child who will have their 6th birthday on or before September 1 of the school year to be admitted to the first grade of an elementary school. Existing law authorizes a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California and who is judged by the administration of the school district to be ready for first-grade work to be admitted to the first grade, as specified.

This bill, beginning with the 202627 school year, would require a child to have completed one year of kindergarten before that child may be admitted to the first grade at a public elementary school, except for a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California, but has not yet completed one school year, and is judged to be ready for first-grade work, as specified, thereby imposing 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 the statutory provisions noted above.

Under existing law, a person between 6 and 18 years of age who is not exempted by law is subject to compulsory full-time education. Existing law excludes a child under 6 years of age from the public schools, subject to specified exceptions.

Existing law requires a school district maintaining a kindergarten to admit a child who will have their 5th birthday on or before September 1 of the school year. Existing law also requires a child who will have their 6th birthday on or before September 1 of the school year to be admitted to the first grade of an elementary school. Existing law authorizes a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California and who is judged by the administration of the school district to be ready for first-grade work to be admitted to the first grade, as specified.

This bill, beginning with the 202627 school year, would require a child to have completed one year of kindergarten before that child may be admitted to the first grade at a public elementary school, except for a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California, but has not yet completed one school year, and is judged to be ready for first-grade work, as specified, thereby imposing 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 the statutory provisions noted above.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2226 (Muratsuchi) - Elementary education: kindergarten

Bill Summary:

This bill requires, beginning with the 2026-27 school year, a student to have completed one year of kindergarten before being admitted to the first grade of a public school. This bill, therefore, expands compulsory education to include kindergarten.

Fiscal Impact:

• This bill could result in significant, ongoing Proposition 98 General Fund costs beginning with the 2026-27 school year for an increased number of students to attend kindergarten. While a precise estimate is unknown, even a three to six percent increase in the number of students could be in the low hundreds of millions of dollars each year. In addition, local educational agencies (LEAs) may experience other local costs such as increased facility needs to accommodate the additional students.
• The California Department of Education (CDE) may incur additional General Fund costs, likely in the low hundreds of thousands of dollars, to provide technical assistance and training, hosting webinars, supporting transitions of children and their families, supporting transition processes for children with disabilities, and communication materials.

Background:

Existing law requires every person between the ages of 6 and 18 years to attend school full-time (at least the minimum school day as required by statute and school districts) and requires a student to be admitted to kindergarten if the student will have their 5^th birthday on or before September 1.

Existing law authorizes school districts to admit to kindergarten, on a case-by-case basis, a student who will have their 5^th birthday during the school year, subject to the following conditions: the governing board of the school district determines that the admittance is in the best interest of the student; and the parent is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.

Existing law requires a student to be admitted to the first grade if the student will have their 6^th birthday on or before September 1.

Proposed Law:

This bill requires, beginning with the 2026-27 school year, a student to have completed one year of kindergarten before being admitted to the first grade of a public elementary school (including a charter school).

This bill provides that a student is to be admitted to the first grade if the student has their sixth birthday on or before September 1 and that the student has completed one year of kindergarten. It also specifies that the exiting authority for a kindergarten student to be placed in first grade if judged ready for first grade work applies to a student who has not completed one school year of kindergarten.

This bill extends to charter school governing bodies the existing authority for a school district governing board to admit a student of a proper age to a class after the first month of a school term.

Related Legislation:

SB 1056 (Rubio, 2024) is nearly identical to this bill and would require students to have completed one year of kindergarten before being admitted to first grade. This bill was held on the Suspense File in this Committee.

SB 767 (Rubio, 2023) was similar to this bill and held on the Suspense File in this Committee.

SB 70 (Rubio, 2022) was similar to this bill and vetoed by the Governor, whose veto message read:

The learning that happens during the early years of a child's life is critical to their long-term success and happiness. It's why I worked with the Legislature to provide universal access to quality pre-kindergarten education, including transitional kindergarten, the California State Preschool Program, and other state-subsidized early learning programs. Making sure all kids begin their school careers ready to learn on par with their peers is one of the most impactful things we can do to combat societal inequities.

While the author's intent is laudable, SB 70 is estimated to have Prop. 98 General Fund cost impacts of up to $268 million ongoing, which is not currently accounted for in the state's fiscal plan. With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.

The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process. For these reasons, I cannot sign this bill.

AB 713 (Weber, 2015) would have required, beginning with the 2017-18 school year, a student to have completed one year of kindergarten before being admitted to the first grade. AB 713 was held in this Committee.

Staff Comments:

This bill makes one year of kindergarten attendance a prerequisite to attending first grade. Kindergarten is not currently mandatory in California, though the vast majority of age-eligible children do attend kindergarten.

Since ADA is one of the factors used to determine the size of the Proposition 98 Guarantee, costs will depend on the number of additional students who will enroll in kindergarten in a public school. This number is difficult to determine as it is unknown how many children will attend kindergarten in private school and whether parents would choose to send their children to private school if this bill is enacted.

Within the Guarantee, funding for programs driven by ADA would increase, including the Local Control Funding Formula (LCFF) and special education. The state provides funding for each student, as well as supplemental funding depending on whether the student is low-income, EL, or a foster youth. The level of funding needed for the LCFF would vary annually, depending on those factors. In addition, changes in ADA drive corresponding changes in required funding for the state’s special education program as its appropriation is distributed based on ADA. Increased funding for special education results in an increase in its maintenance of effort requirement, which essentially is a floor for annual program spending.

This bill states legislative intent to fund kindergarten as a mandatory grade, beginning with the 2026-27 school year, in order to:

• 1. Ensure that all students have access to quality early educational opportunities to narrow the achievement gap at school entry; and,
  2. Reduce the costs of special education and other interventions required for students who enroll in first grade without having completed kindergarten and, as a result, do not have the necessary skills for academic success.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 26, 2024

Subject: .

SUMMARY

This bill requires, beginning with the 2026-27 school year, a student to have completed one year of kindergarten before being admitted to the first grade of a public school. This bill, therefore, expands compulsory education to include kindergarten.

BACKGROUND

Existing law:

1. Requires every person between the ages of six and 18 years to attend school full-time (at least the minimum school day as required by statute and school districts). (Education Code (EC) § 48200)
   
2. Requires a student to be admitted to kindergarten if the student will have their fifth birthday on or before September 1. (EC § 48000)
   
3. Authorizes school districts to admit to kindergarten, on a case-by-case basis, a student who will have their fifth birthday during the school year, subject to the following conditions:
   
   1. The governing board of the school district determines that the admittance is in the best interest of the student.
      
   2. The parent is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.
      (EC § 48000)
      
4. Requires a student to be admitted to the first grade if the student will have their sixth birthday on or before September 1. (EC § 48010)

ANALYSIS

This bill:

1. Requires, beginning with the 2026-27 school year, a student to have completed one year of kindergarten before being admitted to the first grade of a public elementary school (including a charter school).
   
2. Clarifies that a student is to be admitted to the first grade if the student has their sixth birthday on or before September 1 and that the student has completed one year of kindergarten.
   
3. Clarifies that the exiting authority for a kindergarten student to be placed in first grade if judged ready for first grade work applies to a student who has not completed one school year of kindergarten.
   
4. Extends to charter school governing bodies the existing authority for a school district governing board to admit a student of a proper age to a class after the first month of a school term.
   
5. States legislative intent to maintain parental choice in determining the best option for their child’s education, and states that a parent or legal guardian of a student eligible for kindergarten maintains the discretion to enroll the student in either public school kindergarten or private school kindergarten, which includes home schooling, before enrolling the student in the first grade of a public elementary school.
   
6. States legislative intent to fund kindergarten as a mandatory grade, beginning with the 2026-27 school year, in order to:
   
   1. Ensure that all students have access to quality early educational opportunities to narrow the achievement gap at school entry; and,
      
   2. Reduce the costs of special education and other interventions required for students who enroll in first grade without having completed kindergarten and, as a result, do not have the necessary skills for academic success.
      
7. Further states legislative intent that the age of compulsory education in California remains at six years of age.
   
8. States legislative findings and declarations relative to the benefits of kindergarten.

STAFF COMMENTS

1. Need for the bill. According to the author, “AB 2226 requires that, starting with the 2026-27 school year, children would be required to complete one year of kindergarten before being admitted to first grade, thereby making kindergarten mandatory. Although kindergarten is not currently mandatory in California, it is considered an essential component of early education as it builds the foundation of early literacy and numeracy, as well as important socialization skills for young children. Students who do not attend kindergarten are likely to be at a disadvantage as they enter first grade. AB 2226 will ensure all children have the opportunity to gain the critical skills they need as they move on to first grade and beyond.”
   
2. How many students currently attend kindergarten? Kindergarten is considered a grade level, is factored in the calculation of average daily attendance, and is included in the academic content standards, curricular frameworks and instructional materials. However, attendance in kindergarten is not mandatory and compulsory education laws begin at age six. The California Department of Education (CDE) estimates that, pre-COVID, approximately 95 percent of eligible students attended kindergarten (public and private kindergarten), and approximately 80 percent of eligible students attended kindergarten at a public school.
   
   According to data collected through the California Longitudinal Pupil Achievement Data System and released by CDE April 4, 2023, enrollment in K-12 public schools, overall and specifically in kindergarten (includes transitional kindergarten), shows a slower decline in overall enrollment and a significant increase in enrollment in kindergarten. While decreases in enrollment during the pandemic were most severe in kindergarten, the greatest increases in enrollment are now amongst kindergarteners.
   
   The California Longitudinal Pupil Achievement Data System shows that in 2022-23, approximately 3.5 percent of 1^st graders appear to be enrolled in the public school for the first time, suggesting they did not attend kindergarten in a public school.
   

1. Transitional kindergarten. The state has invested in expanding transitional kindergarten to all four-year olds; as prescribed by law, full expansion is expected in the 2025-26 school year. This bill proposes to require attendance in kindergarten in the 2026-27 school year, which delays implementation of mandatory kindergarten until after full expansion of transitional kindergarten is achieved.
   
2. Chronic absenteeism in kindergarten. Existing law defines chronic absenteeism as when a student is absent on 10 percent or more of the schooldays in a school year (regardless of whether the absence was excused or not). According to DataQuest, chronic absenteeism for kindergarten in 2022-23 was 36.3 percent, compared to an average of 24.9 percent for all grades. Absenteeism in kindergarten may reflect the perceived lack of importance since kindergarten attendance is not mandatory. It is worth noting that while kindergarten attendance is not mandatory, kindergarten attendance is included in school accountability measures, such as being reported on the School Dashboard.
   
3. Will all five-year olds be required to attend kindergarten? No. This bill requires attendance at kindergarten prior to enrollment in first grade in a public school, but does not preclude five-year-olds from attending transitional kindergarten or preclude six-year-olds from attending kindergarten. This bill does not preclude private schools from enrolling students in first grade who have not completed one year of kindergarten.
   
4. Where are five-year olds if not already in kindergarten? Children who are too young to be admitted to, or whose parents choose not to enroll their child in, kindergarten may currently be served by other types of early education or care programs, such as state preschool or general child care programs. Those programs differ from kindergarten in which curriculum is offered, staffing ratios, length of program, and other important elements that parents may consider when choosing early education for their children. Currently, attendance in kindergarten is not mandatory; this bill makes kindergarten attendance mandatory prior to enrollment in first grade in a public school. The enrollment of additional students into kindergarten could affect other programs that may currently be serving these children (not an issue if the children are currently enrolled in transitional kindergarten).
   
5. Public or private school. This bill does not require students to attend kindergarten at a public school; parents would retain the option to enroll their five- or six-year old in kindergarten at a private school, including homeschool. This bill does not preclude private schools from enrolling students in first grade who have not completed one year of kindergarten.
   
6. Related legislation.
   
   SB 1056 (Rubio, 2024) is nearly identical to this bill. SB 1056 was held in the Senate Appropriations Committee.
   
7. Prior legislation.
   
   SB 767 (Rubio, 2023) was nearly identical to this bill. SB 767 was held in the Senate Appropriations Committee.
   
   SB 70 (Rubio, 2022) was nearly identical to this bill. SB 70 was vetoed by the Governor, whose veto message read:

The learning that happens during the early years of a child's life is critical to their long-term success and happiness. It's why I worked with the Legislature to provide universal access to quality pre-kindergarten education, including transitional kindergarten, the California State Preschool Program, and other state-subsidized early learning programs. Making sure all kids begin their school careers ready to learn on par with their peers is one of the most impactful things we can do to combat societal inequities.

While the author's intent is laudable, SB 70 is estimated to have Prop. 98 General Fund cost impacts of up to $268 million ongoing, which is not currently accounted for in the state's fiscal plan. With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.

The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process. For these reasons, I cannot sign this bill.

SB 1153 (Rubio, 2020) was identical to this bill, other than the implementation date. SB 1153 was not heard due to the compressed 2020 legislative session.

AB 713 (Weber, 2015) would have required, beginning with the 2017-18 school year, a student to have completed one year of kindergarten before being admitted to the first grade. AB 713 was held in the Senate Appropriations Committee.

AB 1444 (Buchanan, 2014) would have required, beginning with the 2016-17 school year, a student to have completed one year of kindergarten before being admitted to the first grade. AB 1444 was vetoed by Governor Brown, whose veto message read:

Most children already attend kindergarten, and those that don't may be enrolled in other educational or developmental programs that are deemed more appropriate for them by their families.

I would prefer to let parents determine what is best for their children, rather than mandate an entirely new grade level.

AB 1772 (Buchanan, 2012) would have required, beginning with the 2014-15 school year, a student to have completed one year of kindergarten before being admitted to the first grade. AB 1772 was held in the Assembly Appropriations Committee.

AB 2203 (V. Manuel Perez, 2012) would have expanded compulsory education laws to include five-year olds. AB 2203 was held in the Assembly Appropriations Committee.

AB 1236 (Mullin, 2008) would have expanded compulsory education laws to include five-year olds. AB 1236 was held in the Assembly Appropriations Committee.

SUPPORT

California Teachers Association (Co-Sponsor)
Los Angeles Unified School District (Co-Sponsor)
A World Fit for Kids
Alliance College-ready Public Schools
Asian Americans Advancing Justice Southern California
California Association for Bilingual Education
California Charter Schools Association
California Federation of Teachers
California Music Educators Association
California Retired Teachers Association
California School Employees Association
California State PTA
Communities in Schools of Los Angeles
Delta Kappa Gamma International - Chi State
Early Edge California
EdVoice
Kipp SoCal Public Schools
Los Angeles Chamber of Commerce
Los Angeles County Business Federation
Our Voice: Communities for Quality Education
Para Los Ninos
Parent Engagement Academy
Partnership for Los Angeles Schools
San Francisco Unified School District
Study Smart Tutors
Teach Plus - California

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2226

Author:(Muratsuchi)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Requires a child to complete one year of kindergarten prior to enrolling in first grade in a public school, including a charter school, beginning with the 2026-27 school year, thereby making kindergarten a mandatory grade level.

Major Provisions

1. Requires a child to complete one year of kindergarten prior to enrolling in first grade in a public school, including a charter school, beginning with the 2026-27 school year, thereby making kindergarten a mandatory grade level.
2. States the intent of the Legislature to, commencing with the 2026–27 school year, fund kindergarten as a mandatory grade in order to ensure that all pupils have access to quality early educational opportunities to narrow the achievement gap at school entry; and reduce the costs of special education and other interventions required for pupils who enroll in first grade without having completed kindergarten and, as a result, do not have the necessary skills for academic success.
3. Clarifies that a student is to be admitted to the first grade if the student has their sixth birthday on or before September 1 and that the student has completed one year of kindergarten.
4. Clarifies that the exiting authority for a kindergarten student to be placed in first grade if judged ready for first grade work applies to a student who has not completed one school year of kindergarten, subject to the discretion of the school administration and with the consent of the child's parent or guardian, provided the child is at least five years of age.
5. Extends to charter school governing bodies the existing authority for a school district governing board to admit a student of a proper age to a class after the first month of school.
6. States legislative intent that a parent or legal guardian of a pupil eligible for kindergarten maintain the discretion to enroll the pupil in either public school kindergarten or private school kindergarten, which includes home schooling, before enrolling the pupil in the first grade of a public elementary school.

COMMENTS

Research demonstrates the effectiveness of kindergarten attendance, particularly for disadvantaged children. According to the U.S. Department of Education's (USDOE) Early Childhood Longitudinal Study Kindergarten Class of 2010-11, based upon a nationally representative sample of kindergarteners, Black and Latino children score significantly lower than White children in reading and math at kindergarten entry. One study found that, after controlling for child, family, and pre-K experiences, gaps do not significantly increase during kindergarten and the racial/ethnic differences in achievement and social-emotional skills are primarily a reflection of pre-K differences in these areas. (Iruka, 2022)

Further research looked at the benefits of the increased availability of kindergarten in the U.S. The author notes that low-income and Hispanic children were significantly less likely to be below grade level as a result of access to kindergarten programs, "…the children who benefited most were the children who received lower-quality care as a substitute for attending kindergarten or who were at a disadvantage at school start and were helped the most by having a transitional year prior to primary school education. In this sense, the subsidization of kindergarten helped level the playing field for those children least likely to receive high quality childcare in the absence of state-supported kindergarten." (Dhuey, 2011)

Lack of access to kindergarten contributes to opportunity gaps. Mandatory kindergarten has the opportunity to reduce opportunity gaps for children of color. Latino children are the least likely to enroll in kindergarten. In 2019, 7.2% of Latino children ages five and six were not enrolled in kindergarten or first grade, compared to 6.1% of White children, 5.5% of Black children, and 5.2% of Asian/Pacific Islander children. (California Research Bureau, 2019)

Increased expectations for first grade. Over the years, the academic expectations of first grade have increased. With the passage of No Child Left Behind in 2002, the Common Core Standards in 2009 and the Every Student Succeeds Act in 2015, first-grade classrooms now expect students to arrive with basic literacy and numeracy skills – the exact skills that are taught in kindergarten.

As California expands transitional kindergarten (TK), many children will enter first grade with at least two years of formal education. Children who attended the California State Preschool Program (CSPP), Head Start, or another high-quality early learning programs may have begun their education as early as age three, thereby providing them with three years of early learning prior to entering first grade. This has the potential to create first-grade classrooms in which some students have three years of learning experience while others have none. Clearly given the increased academic rigor of first grade, those children without this experience will be at a significant disadvantage.

Chronic absenteeism highest in kindergarten. Chronic absenteeism is defined as missing 10% or more of schooldays for any reason. This can translate into students having difficulty learning to read by the third grade, achieving in middle school, and graduating from high school. Children living in poverty are two to three times more likely to be chronically absent—and face the most harm because their community lacks the resources to make up for the lost learning in school. Students from communities of color, as well as those with disabilities, are disproportionately affected. Often absences are tied to health problems, such as asthma, diabetes, and oral and mental health issues. Other barriers including the lack of a nearby school bus, a safe route to school, or food insecurity make it difficult to go to school every day. Research has shown that kindergartners who miss 10% or more school days have lower academic performance when they reach 1st grade. (Attendance Works)

Chronic absenteeism for students in kindergarten tends to be higher than the rates across all grades. This was especially pronounced in the 2022-23 school year when chronic absenteeism in kindergarten was 36.3%, compared to the statewide average across all grades of 24.9%.

According to the Author

"AB 2226 requires that, starting with the 2026-27 school year, children would be required to complete one year of kindergarten before being admitted to first grade, thereby making kindergarten mandatory. Although kindergarten is not currently mandatory in California, it is considered an essential component of early education as it builds the foundation of early literacy and numeracy, as well as important socialization skills for young children. Students who do not attend kindergarten are likely to be at a disadvantage as they enter first grade. AB 2226 will ensure all children have the opportunity to gain the critical skills they need as they move on to first grade and beyond."

Arguments in Support

The Los Angeles Unified School District, a co-sponsor, writes "Early education is essential for the physical, intellectual, and social-emotional development of children, and provides students with the fundamental skills and tools needed for academic success. Kindergarten is critical to closing the opportunity gap and furthering equity. Research demonstrates that children exposed to kindergarten are more likely to attend college, earn more, and are less likely to experience poverty as adults. These impacts are larger for Black and Hispanic youth than for their white peers (Jenkins and Rueda, 2019). Despite these well-documented benefits, the current voluntary participation of kindergarten allows parents to delay their child's entrance into school until the first grade, which could leave that student unprepared for the educational environment they will encounter in elementary school and worsen the already troubling achievement gap.

Mandatory kindergarten helps prevent chronic absenteeism. Research from the Center for Great Public Schools indicates that kindergarteners who miss 10% or more of school days have lower academic performance when they reach the first grade. In 2022-23, 36.3% of kindergarten students in California were chronically absent, the highest percentage of any grade. This may be attributed, at least partially, to the fact that kindergarten attendance is not mandatory. California is a leader in early learning, and the passage of AB 2226 presents an opportunity to build on the State's investments in early childhood education by ensuring that all children enter first grade ready to learn."

Arguments in Opposition

One individual writes, "Children develop at different rates, and mandating kindergarten for all may ignore the natural variability in early childhood development. Some children may benefit from an additional year at home or in a less structured educational setting. Families have diverse needs and circumstances that a one-size-fits-all approach fails to accommodate. The decision about when and how a child should begin their formal education should largely rest with their parents or guardians, who are most familiar with their child's development and readiness for school."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing General Fund costs to the California Department of Education, likely in the low to mid hundreds of thousands of dollars annually, to provide administrative duties associated with requiring kindergarten enrollment, such as providing technical assistance and training.
2. Unknown Proposition 98 General Fund costs, beginning in the 2026-27 school year, for increased per-student funding to attend kindergarten, potentially in the $100 million range annually.

VOTES

ASM EDUCATION: 5-1-1

YES: Muratsuchi, Addis, Alvarez, Bonta, McCarty

NO: Hoover

ABS, ABST OR NV: Flora

ASM APPROPRIATIONS: 11-4-0

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0003195

Date of Hearing: May 1, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2226

Author:(Muratsuchi) – As Introduced Ver:February 7, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill, beginning in the 2026-27 school year, requires a child to complete one year of kindergarten before attending first grade, therefore making kindergarten mandatory for California children.

Specifically, this bill:

1. Requires a child to have completed one year of kindergarten and have had their sixth birthday before September 1^st before being admitted to first grade in a public elementary school, beginning in the 2026-27 school year.
2. Authorizes a child who has attended kindergarten for less than one full school year, and is judged to be ready for first grade work and who is at least five years of age, to be admitted to first grade at the discretion of the school administration of the district and with the consent of the child’s parent or guardian.
3. Expresses the intent of the Legislature that a parent or guardian of a pupil eligible for kindergarten maintain the discretion to enroll the pupil in a public or private school kindergarten program, including homeschooling, before enrolling the pupil in the first grade of a public elementary school.

FISCAL EFFECT:

1. Ongoing General Fund costs to the California Department of Education, likely in the low to mid hundreds of thousands of dollars annually, to provide administrative duties associated with requiring kindergarten enrollment, such as providing technical assistance and training.
2. Unknown Proposition 98 General Fund costs, beginning in the 2026-27 school year, for increased per-student funding to attend kindergarten, potentially in the $100 million range annually.

In the 2021-22 school year, about 395,000 students enrolled in kindergarten. The following school year, about 409,000 students enrolled in first grade. This suggests about 3.5% of students attended first grade who did not attend kindergarten. If every one of the 14,000 students enrolled in public kindergarten as a result of this bill, costs would be about $99 million. Costs would be to the extent these students were low-income, English learners, or foster youth. Costs would be lower to the extent children enrolled in a private kindergarten program instead of a public program. Costs could also be impacted by demographic changes and other variables.

In addition, local educational agencies may experience other increases in local costs as a result of this measure, such as increased facility costs to accommodate additional students.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to local education agencies or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. According to the author:

Although kindergarten is not currently mandatory in California, it is considered an essential component of early education as it builds the foundation of early literacy and numeracy, as well as important socialization skills for young children. Students who do not attend kindergarten are likely to be at a disadvantage as they enter first grade.

1. Background. Compulsory education laws begin at age six in California, and parents are not required to enroll their children in kindergarten. However, school districts are required to offer kindergarten and state law considers kindergarten a grade for funding purposes. School districts receive a base amount of $10,951 per kindergarten student as of the 2023-24 school year, with additional funding for students who come from low-income families, are English learners, or are foster youth. Current law allows school districts to offer either full-day or part-day kindergarten. A school district receives the same per-student funding amount regardless of the length of its kindergarten program.

In addition, the state is currently in the process of providing universal transitional kindergarten (TK) to all California four-year olds. TK is not mandatory.

1. Related and Prior Legislation. SB 1056 (Susan Rubio) is identical to this bill. The bill is pending on the Senate Suspense file.

SB 767 (Susan Rubio) is nearly identical to this bill. AB 767 bill was held in the Senate Appropriations Committee.

SB 70 (Susan Rubio), of the 2021-22 Legislative Session, was nearly identical to this bill. SB 70 was vetoed by the Governor, who stated “While the author's intent is laudable, SB 70 is estimated to have Proposition 98 General Fund cost impacts of up to $268 million ongoing, which is not currently accounted for in the state's fiscal plan.”

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 10, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 2226 (

Author:Muratsuchi) – As Introduced Ver:February 7, 2024

SUBJECT: Elementary education: kindergarten

SUMMARY: Requires a child to complete one year of kindergarten prior to enrolling in first grade in a public school, including a charter school, beginning with the 2026-27 school year, thereby making kindergarten a mandatory grade level. Specifically, this bill:

1. Requires a child to complete one year of kindergarten prior to enrolling in first grade in a public school, including a charter school, beginning with the 2026-27 school year, thereby making kindergarten a mandatory grade level.
2. Clarifies that a student is to be admitted to the first grade if the student has their sixth birthday on or before September 1 and that the student has completed one year of kindergarten.
3. Clarifies that the exiting authority for a kindergarten student to be placed in first grade if judged ready for first grade work applies to a student who has not completed one school year of kindergarten, subject to the discretion of the school administration and with the consent of the child’s parent or guardian, provided the child is at least five years of age.
4. Extends to charter school governing bodies the existing authority for a school district governing board to admit a student of a proper age to a class after the first month of school.
5. States legislative intent that a parent or legal guardian of a pupil eligible for kindergarten maintain the discretion to enroll the pupil in either public school kindergarten or private school kindergarten, which includes home schooling, before enrolling the pupil in the first grade of a public elementary school.

EXISTING LAW:

1. Requires every person between the ages of 6 and 18 years of age to attend school full-time (at least the minimum school day as required by statute and school districts). (Education Code (EC) 48200)
2. Requires a student to be admitted to kindergarten if the student will have their fifth birthday on or before September 1. (EC 48000)
3. Authorizes school districts to admit to kindergarten, on a case-by-case basis, a student who will have their fifth birthday during the school year, subject to the following conditions:
4. The governing board of the school district determines that the admittance is in the best interest of the student; and
5. The parent is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance. (EC 48000)
6. Requires a student to be admitted to the first grade if the student will have their sixth birthday on or before September 1. (EC 48010)

FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as a possible state-mandated local program.

COMMENTS:

Need for the bill. According to the author, “AB 2226 requires that, starting with the 2026-27 school year, children would be required to complete one year of kindergarten before being admitted to first grade, thereby making kindergarten mandatory. Although kindergarten is not currently mandatory in California, it is considered an essential component of early education as it builds the foundation of early literacy and numeracy, as well as important socialization skills for young children. Students who do not attend kindergarten are likely to be at a disadvantage as they enter first grade. AB 2226 will ensure all children have the opportunity to gain the critical skills they need as they move on to first grade and beyond.”

Kindergarten is not currently mandatory in California. Kindergarten is mandatory in 19 other states and the District of Columbia (DC). 17 states and the DC require full-day kindergarten, and 39 states plus the DC require districts to offer kindergarten either full or half day (Education Commission of the States (ECS) 2020). In California, kindergarten is considered a grade level, is factored in the calculation of average daily attendance (ADA), and is included in the academic content standards, curriculum frameworks and instructional materials. However, attendance in kindergarten is not mandatory, and compulsory education laws begin at age 6, so parents must enroll their children in school once they reach the age of 6. It is currently a local decision, with parental input, whether a 6-year old student will be enrolled in kindergarten or be eligible for first grade.

Kindergarten enrollment has declined in recent years. The CDE estimates that, prior to the COVID pandemic, approximately 95% of eligible students attended a public or private kindergarten program, suggesting that approximately 5% of students were not attending kindergarten. In reviewing enrollment numbers for kindergarten and first grade in California public schools in recent years and comparing the total number of students in first grade in a given year to the total number of students in kindergarten in the prior year, we can estimate the number and percentage of children attending first grade for the first time. This data suggests that approximately 3-4% of children may not have attended kindergarten in recent years. Clearly, this is a rough estimate.

Source: CDE Dataquest

Research demonstrates the effectiveness of kindergarten attendance, particularly for disadvantaged children. According to the U.S. Department of Education’s (USDOE) Early Childhood Longitudinal Study Kindergarten Class of 2010-11, based upon a nationally representative sample of kindergarteners, Black and Latino children score significantly lower than White children in reading and math at kindergarten entry. One study found that, after controlling for child, family, and pre-K experiences, gaps do not significantly increase during kindergarten and the racial/ethnic differences in achievement and social-emotional skills are primarily a reflection of pre-K differences in these areas. (Iruka, 2022)

Further research looked at the benefits of the increased availability of kindergarten in the U.S. The author notes that low-income and Hispanic children were significantly less likely to be below grade level as a result of access to kindergarten programs, “…the children who benefited most were the children who received lower-quality care as a substitute for attending kindergarten or who were at a disadvantage at school start and were helped the most by having a transitional year prior to primary school education. In this sense, the subsidization of kindergarten helped level the playing field for those children least likely to receive high quality childcare in the absence of state-supported kindergarten.” (Dhuey, 2011)

Data from the Los Angeles Unified School District demonstrates that children who attend kindergarten do better on their year-end assessments (DIBELS) in first, second, and third grade and have higher scores on their Smarter Balanced tests as late as fifth grade.

Lack of access to kindergarten contributes to opportunity gaps. Mandatory kindergarten has the opportunity to reduce opportunity gaps for children of color. 2019 Data from the California Research Bureau shows that Latino children are the least likely to enroll in kindergarten. In 2019, 7.2% of Latino children ages 5 and 6 were not enrolled in kindergarten or first grade, compared to 6.1% of White children, 5.5% of Black children, and 5.2% of Asian/Pacific Islander children.

One study found that the adoption of mandatory kindergarten increased kindergarten enrollment by 12 percentage points. The authors found a marked differential benefit of mandatory kindergarten for non-White, Black, and Hispanic children in terms of educational attainment and income, including a 5% increase for college completion compared to White children, and a 6.7% increase in total income relative to White children. (Jenkins, 2019).

Public or private school. This bill does not require students to attend kindergarten at a public school. Parents retain the option to enroll their child at a public or private school, including the option for homeschooling, to fulfill the requirement for one year of kindergarten prior to entering first grade.

Chronic absenteeism highest in kindergarten. Chronic absenteeism is defined as missing 10% or more of schooldays for any reason. This can translate into students having difficulty learning to read by the third grade, achieving in middle school, and graduating from high school. Children living in poverty are two to three times more likely to be chronically absent—and face the most harm because their community lacks the resources to make up for the lost learning in school. Students from communities of color, as well as those with disabilities, are disproportionately affected. This isn’t simply a matter of truancy or skipping school. In fact, many of these absences, especially among our youngest students, are excused. Often absences are tied to health problems, such as asthma, diabetes, and oral and mental health issues. Other barriers including lack of a nearby school bus, a safe route to school, or food insecurity make it difficult to go to school every day. Research has shown that kindergartners who miss 10% or more school days have lower academic performance when they reach 1st grade. (Attendance Works)

As shown in the table below, chronic absenteeism for students in kindergarten tends to be higher than the rates across all grades. This is especially pronounced in the 2022-23 school year when chronic absenteeism in kindergarten was 36.3%, compared to the statewide average across all grades of 24.9%.

Source: CDE Data quest

Increased expectations for first grade. Over the years, the academic expectations of first grade have increased. With the passage of No Child Left Behind in 2002, the Common Core Standards in 2009 and the Every Student Succeeds Act in 2015, first-grade classrooms now expect students to arrive with basic literacy and numeracy skills – the exact skills that are taught in kindergarten.

As California expands transitional kindergarten (TK), many children will enter first grade with at least two years of formal education. Children who attended California State Preschool Program (CSPP), Head Start, or other high-quality early learning programs may have begun their education as early as age three, thereby providing them with 3 years of early learning prior to entering first grade.  This has the potential to create first-grade classrooms in which some students have three years of learning experience while others have none. Clearly given the increased academic rigor of first grade, those children without this experience will be at a significant disadvantage.

Arguments in support. The Los Angeles Unified School District, a co-sponsor, writes “Early education is essential for the physical, intellectual, and social-emotional development of children, and provides students with the fundamental skills and tools needed for academic success. Kindergarten is critical to closing the opportunity gap and furthering equity. Research demonstrates that children exposed to kindergarten are more likely to attend college, earn more, and are less likely to experience poverty as adults. These impacts are larger for Black and Hispanic youth than for their white peers (Jenkins and Rueda, 2019). Despite these well-documented benefits, the current voluntary participation of kindergarten allows parents to delay their child’s entrance into school until the first grade, which could leave that student unprepared for the educational environment they will encounter in elementary school and worsen the already troubling achievement gap.

Mandatory kindergarten helps prevent chronic absenteeism. Research from the Center for Great Public Schools indicates that kindergarteners who miss 10% or more of school days have lower academic performance when they reach the first grade. In 2022-23, 36.3% of kindergarten students in California were chronically absent, the highest percentage of any grade. This may be attributed, at least partially, to the fact that kindergarten attendance is not mandatory. California is a leader in early learning, and the passage of AB 2226 presents an opportunity to build on the State’s investments in early childhood education by ensuring that all children enter first grade ready to learn.”

Arguments in opposition. One individual writes, “Children develop at different rates, and mandating kindergarten for all may ignore the natural variability in early childhood development. Some children may benefit from an additional year at home or in a less structured educational setting. Families have diverse needs and circumstances that a one-size-fits-all approach fails to accommodate. The decision about when and how a child should begin their formal education should largely rest with their parents or guardians, who are most familiar with their child’s development and readiness for school.”

Related legislation. SB 1056 (Susan Rubio) of the 2023-24 Session is identical to this bill.

SB 767 (Susan Rubio) of the 2023-24 Session was virtually identical to this bill, other than the implementation date. This bill was held in the Senate Appropriations Committee.

SB 70 (Susan Rubio) of the 2021-22 Session was virtually identical to this bill other than the implementation date. SB 70 was vetoed by the Governor, with the following message:

The learning that happens during the early years of a child's life is critical to their long-term success and happiness. It's why I worked with the Legislature to provide universal access to quality pre-kindergarten education, including transitional kindergarten, the California State Preschool Program, and other state-subsidized early learning programs. Making sure all kids begin their school careers ready to learn on par with their peers is one of the most impactful things we can do to combat societal inequities.

While the author's intent is laudable, SB 70 is estimated to have Prop. 98 General Fund cost impacts of up to $268 million ongoing, which is not currently accounted for in the state's fiscal plan. With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.

The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process. For these reasons, I cannot sign this bill.

SB 1153 (Rubio, 2020) was identical to this bill, other than the implementation date. SB 1153 was not heard due to the compressed 2020 legislative session.

AB 713 (Weber, 2015) would have required, beginning with the 2017-18 school year, a student to have completed one year of kindergarten before being admitted to the first grade. AB 713 was held in the Senate Appropriations Committee.

AB 1444 (Buchanan, 2014) would have required, beginning with the 2016-17 school year, a student to have completed one year of kindergarten before being admitted to the first grade. AB 1444 was vetoed by Governor Brown, whose veto message read:

Most children already attend kindergarten, and those that don't may be enrolled in other educational or developmental programs that are deemed more appropriate for them by their families.

I would prefer to let parents determine what is best for their children, rather than mandate an entirely new grade level.

AB 1772 (Buchanan, 2012) would have required, beginning with the 2014-15 school year, a student to have completed one year of kindergarten before being admitted to the first grade. This bill was held in the Assembly Appropriations Committee.

AB 2203 (V. Manuel Perez, 2012) would have expanded compulsory education laws to include five-year olds. This bill was held in the Assembly Appropriations Committee.

AB 1236 (Mullin, 2008) would have expanded compulsory education laws to include five-year olds. This bill was held in the Assembly Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association for Bilingual Education

California Charter Schools Association

California Kindergarten Association

California Retired Teachers Association

California School Employees Association

California State Parent Teacher Association

California Teachers Association

Communities in Schools of Los Angeles

Covina-Valley Unified School District

Early Edge California

Los Angeles Unified School District

San Diego Unified School District

Opposition

1 individual

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087