Under existing law, a person between the ages of 6 and 18 years who is not exempted by law is subject to compulsory full-time education. Existing law requires a school district to admit a child to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will have their 5th birthday by September 1 of that year. excludes a child under 6 years of age from the public schools, subject to specified exceptions.

Existing law establishes each person between the ages of 6 and 18 years is subject to compulsory full-time education. Existing law requires a school district to admit a child to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will have their 5th birthday by September 1 of that year.

This bill would declare the Legislatures intent to enact subsequent legislation that would require mandatory kindergarten.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 767 (Rubio) - Elementary education: kindergarten

Bill Summary:

This bill requires, beginning with the 2024-25 school year, a student to have completed one year of kindergarten before being admitted to the first grade of a public school.

Fiscal Impact:

• This bill would impose ongoing Proposition 98 General Fund costs, potentially in the low hundreds of millions of dollars, beginning with the 2024-25 school year for increased per student funding to attend kindergarten. This estimate assumes that anywhere from 14,000 to 30,000 more children would enroll in public kindergarten as a result of this bill. 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) estimates ongoing General Fund costs of $510,000 for 3.0 positions 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 2024-25 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 70 (Rubio, 2022) was 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.

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.

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. However, assuming this bill results in increased ADA of anywhere from 14,000 to 30,000 based on the number of five-year-olds in the state and the number of children enrolled in public kindergarten, the increase to the Guarantee could be in the low hundreds of millions of dollars.

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. The estimated increases in the LCFF and special education could be in the low hundreds of millions depending upon whether the lower or higher estimate of increased ADA is assumed.

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SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: April 26, 2023

Subject:

SUMMARY

This bill requires, beginning with the 2024-25 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 2024-25 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 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.
   
6. States legislative findings and declarations relative to the benefits of kindergarten.

STAFF COMMENTS

1. Need for the bill. According to the author, “As a public school teacher for 17 years, I have witnessed the detrimental impact on young students who continue to suffer the consequences of not receiving the fundamentals of an early education. The disparities for students are not only physically visible as it pertains to a student’s confidence and participation in class, but also academically measurable. Now more than ever, we must ensure our youngest learners receive critical instruction early on to be prepared both socially and academically. In addition, our teachers are struggling in the classroom and the best way we can support them, is by having students prepared in classroom as they move up each academic grade level. We need to give every child the opportunity to reach their full potential and kindergarten is key.”
   
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% of eligible students attended kindergarten (public and private kindergarten) and approximately 80% 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.
   
   

1. Will all five-year olds be required to attend kindergarten? No. This bill expands compulsory education laws to require attendance at kindergarten, but does not preclude five-year-olds from attending transitional kindergarten or preclude six-year-olds from attending kindergarten.
   
2. 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. 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).
   
3. 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.
   
4. Fiscal impact. According to the Assembly Appropriations Committee’s analysis of prior identical legislation, this bill would impose unknown Proposition 98 General Fund costs, beginning in the 2024-25 school year, for increased per student funding to attend kindergarten, potentially in low-hundreds-of-millions of dollars annually. This assumes about 30,000 more children enroll in public kindergarten as a result of this bill. 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.
   
5. Prior legislation.

SB 70 (Rubio, 2022) was 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

Los Angeles Unified School District (sponsor)

Alliance for a Better Community

California Charter Schools Association

California Federation of Teachers

California Kindergarten Association

California School Employees Association

California State Parent Teacher Association

California Teachers Association

Early Edge California

EdVoice

Families in Schools

Los Angeles Area Chamber of Commerce

Mountain View School District

Parent Engagement Academy

San Diego Unified School District

Scholastic, Inc.

United Way of Greater Los Angeles

UNITE-LA

OPPOSITION

None received

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