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CALIFORNIA STATUTES AND CODES
SECTIONS 48005.10-48005.55
EDUCATION CODE
SECTION 48005.10-48005.55
48005.10. (a) This article shall be known, and may be cited, as the Kindergarten Readiness Pilot Program. (b) The Legislature hereby finds and declares the following: (1) The available data indicate all of the following: (A) By changing the age at which children generally enter kindergarten, California's children will be better prepared to enter into the academic environment that is required by the California content standards for kindergarten. (B) Success in school is often related to socioeconomic status, English language fluency at school entry, and access to preschool. By providing a kindergarten readiness program for the children most at risk for low performance and delaying entry to allow all children time to become more developmentally ready to learn, pupils are more likely to succeed in school. (C) Comparisons between California pupils and pupils in other states on national achievement tests in the later grades are likely to be more equitable if the entry age of California pupils is more closely aligned to that of most other states. (D) Children who have attended an educationally based kindergarten readiness program, including, but not limited to, a quality state preschool, Head Start, or kindergarten readiness program, are better prepared academically and socially for the existing kindergarten curriculum, as reflected by the state adopted standards. (2) The purpose of the pilot project established pursuant to this article is intended to test these data. (3) For participating school districts, the change in enrollment required pursuant to this article will result in a decrease in the number of pupils enrolled in kindergarten classes for the class entering kindergarten in the 2006-07 school year. Thus, it is estimated that in participating school districts there will be a 25 percent decrease in the enrollment of the kindergarten class in the initial year of implementation. (4) The school district revenue related provision of this article in Section 48005.30 is intended to fully fund participation in the program and provide an incentive to participate. 48005.11. A charter school is eligible to receive funding pursuant to this article. As a condition of receiving that funding, the charter school shall comply with all the requirements of this article. For purposes of this article, "school districts" means school districts or charter schools. 48005.13. (a) The Superintendent of Public Instruction shall establish and administer the Kindergarten Readiness Pilot Program to permit school districts to provide opportunities for children to enhance their readiness for kindergarten, thereby increasing their likelihood for future academic success. (b) The Superintendent of Public Instruction shall convene an advisory panel to assist the department in developing its request for proposals, and in evaluating and selecting the proposals submitted to the department. The advisory panel shall include, but need not be limited to, a representative of each of the following: (1) The Department of Finance. (2) The Legislature. (3) The California Research Bureau. (4) The Legislative Analyst. (5) The State Board of Education. (6) The Secretary for Education. (c) By February 1, 2006, the superintendent shall notify elementary and unified school districts maintaining kindergarten about the existence of this program, shall notify them about the procedures for participation, and shall request proposals for participation. (d) Participation in the program by a school district shall be voluntary. (e) A school district that elects to participate in the program shall apply to the Superintendent of Public Instruction by May 1, 2006, upon forms adopted by the superintendent for this purpose. (f) The Superintendent of Public Instruction, with the advice of the advisory panel, and in consultation with the Secretary for Education, shall select participants from the group of applicants. The Superintendent of Public Instruction shall give priority to applicant school districts that are representative of the diversity of pupils and of the various types of school districts within the state. The Superintendent of Public Instruction shall also give priority to unified school districts. (g) This article does not prohibit a school district from implementing the program in selected schools within the district if adequate records are kept to substantiate the accuracy of the declining enrollment incentive and limits on prekindergarten instruction funding provided pursuant to Section 48005.30. 48005.15. By July 1, 2006, each participant school district shall enter into an agreement with the Superintendent of Public Instruction setting forth the requirements under the program, including, but not limited to, all of the following: (a) The participating school district shall make a reasonable effort to identify parents and guardians of children from three to five years of age who reside within the school district and to provide the parents and guardians with information regarding, and access to, services, programs, or methods, to assist them in assessing the level of readiness of a child to enter school. (b) The effort set forth in subdivision (a) shall include, but need not be limited to, information regarding available care services, preschool programs, and educationally based kindergarten readiness programs. The school district may coordinate this effort with local parent-teacher organizations. (c) "Reasonable effort" as used in this subdivision does not require that the school district individually contact every potential parent who resides within the school district. (d) The school district shall provide assistance to parents or guardians who request assistance regarding activities that parents may initiate in preparing children for school. (e) At a minimum, participating school districts shall supply parents or guardians with written readiness guidelines developed by the department. (f) Assistance provided pursuant to this section shall be based on generally accepted child development theory and may include information related to social and development readiness and professional consultations with teachers and school administrators. (g) The participating school district shall make a reasonable effort to collect data and make it available to the independent evaluator, as specified in Section 48005.45. 48005.20. (a) Participating school districts shall offer enrollment in a kindergarten readiness program to eligible children in order to receive funding pursuant to this article. Participation by parents and children in a kindergarten readiness program shall be voluntary. (b) If the school district implements the program districtwide, it shall offer a kindergarten readiness program to any eligible child who pre-enrolls in kindergarten and may offer it to eligible children who do not pre-enroll. If a school district implements the program in selected schools within the district, it shall offer a kindergarten readiness program to any eligible child residing within the attendance boundary of the school who pre-enrolls in kindergarten and may offer it to eligible children residing within the attendance boundary of the school who do not pre-enroll. (c) For purposes of this article, an eligible child is any child residing in the attendance boundary of a school or school district, as applicable, who will become eligible to enter kindergarten in the following year pursuant to Section 48005.25. (d) Priority for enrollment in a kindergarten readiness program shall be provided to any child residing within the attendance boundary of the school or school district, as applicable, who has not previously attended a public or private preschool program. (e) The kindergarten readiness program offered by a school district pursuant to this section shall consist solely of components designed to enhance the skills that are necessary for success in later education and shall include, but need not be limited to, all of the following: (1) A program of sufficient duration and at times that reasonably allow participating children to attend at least 110 hours of kindergarten readiness activities and instruction. (2) Programs that assist pupils in developing the motor and cognitive skills, including, but not limited to, language development, required to be successful in kindergarten. (3) Activities that socialize pupils to the discipline of the school environment. 48005.25. (a) Notwithstanding any law, including, but not limited to, Section 48000, for the 2006-07 school year, and each school year thereafter in which a school district continues to participate in the program, the school district shall offer admission to kindergarten at the beginning of the school year, or at a later time in the same school year, only to children who will have their fifth birthday on or before September 1 of that school year. For a school district that is not implementing the pilot project authorized by this article on a districtwide basis, this subdivision applies only to children whose residence is in the regular attendance boundary of a participating school or who would otherwise attend that school under school assignment policies established in the school year prior to implementation of this pilot program. (b) Notwithstanding any law, including, but not limited to, Section 48010, for the 2007-08 school year, and each school year thereafter in which a school district continues to participate in the program, a school district shall offer admission to first grade at the beginning of the school year, or at a later time in the same school year, only to children who will have their sixth birthday on or before September 1 of that school year. Kindergarten may not be a prerequisite for enrollment in first grade pursuant to this article. For a school district that is not implementing the pilot project authorized by this article on a districtwide basis, this subdivision applies only to children whose residence is in the regular attendance boundary of a participating school or who would otherwise attend that school under school assignment policies established in the school year prior to implementation of this pilot program. (c) Notwithstanding subdivisions (a) and (b), the governing board of each school district participating in this program shall adopt a policy to allow, for good cause, admission of a child to kindergarten or to the first grade at the beginning of a school year in which the child's birthday will be after September 1, or at a later time in the same school year. It is the intent of the Legislature that this subdivision authorize rare exceptions for only the most gifted and socially mature children. Therefore, exceptions are limited to no more than the greater of either one child or the number of children determined by multiplying .01 times the prior school year second principal apportionment average daily attendance in kindergarten within the participating school district or the school implementing the program, as applicable. A school or school district may not exceed this limitation without specific written approval from the Superintendent of Public Instruction upon consideration of a statement by the school or school district of the circumstances that meet the legislative intent regarding this subdivision. 48005.30. (a) For the 2006-07 to 2012-13 school years, inclusive, the Superintendent of Public Instruction shall allocate a grant of funds for a participating school district for each year of participation to cover the costs of developing and operating the school district kindergarten readiness program, including, but not limited to, the costs of administration and the costs associated with services provided to parents and children in the program. For any participating school district, annual funding is subject to the limitations and requirements of this subdivision and may not exceed the per-pupil amount nor the total amount computed as follows: (1) Five dollars ($5) per hour for each hour of attendance for each child participating in the kindergarten readiness program up to a maximum of 150 hours of attendance for each child. The amount per hour shall be adjusted annually, commencing with the 2007-08 school year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1. (2) For purposes of total funding to a participating school district, the amount claimed may not exceed an amount equivalent to multiplying the amount in paragraph (1) by a number equal to 50 percent of the entire kindergarten second principal apportionment average daily attendance for the 2005-06 school year of the school district or, in a school district that is not implementing the pilot project authorized by this article on a districtwide basis, by a number equal to 50 percent of the kindergarten second principal apportionment average daily attendance for the 2005-06 school year of the schools in the district that are implementing the program. (b) For the 2006-07 school year, the Superintendent of Public Instruction shall allocate a one-time incentive grant to enhance transition of the school district for the reduced attendance that results from the program, to be determined by multiplying one-fourth of the kindergarten average daily attendance for the 2005-06 school year by the school district's base revenue limit per unit of average daily attendance. If a school district does not implement the program districtwide, this one-time incentive shall be determined by multiplying one-fourth of the specific portion of the district's kindergarten average daily attendance for the 2005-06 school year contributed by the implementing school or schools by the school district's base revenue limit per unit of average daily attendance. (c) A participating school district that does not implement the program on a districtwide basis shall provide to the Superintendent of Public Instruction a statement certifying the following: (1) The second principal apportionment average daily attendance in the implementing schools for the 2005-06 school year. The school district shall maintain these records for audit purposes. The Superintendent of Public Instruction may request documentation of the second principal apportionment average daily attendance in schools implementing the program as deemed necessary to enforce the funding limits of this article. (2) Attendance boundaries for the schools implementing the program will remain the same as they existed in the 2005-06 school year through the duration of the program, unless the district submits an application to and receives approval from the State Board of Education. The State Board of Education shall only consider applications for attendance boundary changes for participating schools in cases where significant population changes necessitate the opening of new schools or the closing of existing schools. In order to preserve the integrity of the evaluation required by this article, it is the intent of the Legislature that a school district applying to participate in the program on a less than districtwide basis avoid implementation of the program in schools that can reasonably be foreseen to be subject to boundary changes within the timeframe of the pilot program authorized in this article. The State Board of Education may not approve boundary changes that do not meet the requirements and intent of this paragraph. (3) The district has established procedures that restrict attendance in nonparticipating schools of the district for children residing in the attendance boundaries of the schools implementing the program. (d) Total incentive funding for reduced second principal apportionment average daily attendance provided pursuant to this article shall be subject to a statewide maximum funding level equal to the equivalent of 2,300 full annual units of average daily attendance multiplied by the statewide average school district revenue limit for the 2006-07 fiscal year as determined by the Department of Finance. 48005.33. The State Allocation Board shall adopt regulations to ensure that school districts are not adversely affected with regard to access to state funding for school facilities pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10) due to loss of enrollment based upon participation in this program. 48005.35. (a) A school district kindergarten readiness program operated pursuant to this article is exempt from the requirements of the Class Size Reduction Program (Ch. 6.10 (commencing with Sec. 52150), Pt. 28) and the regulations adopted by the Superintendent of Public Instruction pursuant to Section 8261 if the program meets kindergarten staffing and safety requirements. (b) Notwithstanding any other law, including, but not limited to, subdivision (a) of Section 17285, a commercial building that does not meet the requirements of Section 17280, that is leased to a school district may, until January 1, 2007, be used as a classroom in order to accommodate programs under this article if the governing board of the school district finds that conditions of subdivision (b) of Section 17285 have been met. (c) Any teacher participating in the kindergarten readiness program shall hold a permit or credential issued by the Commission on Teacher Credentialing that authorizes instruction in kindergarten or child care and development. 48005.45. (a) The Superintendent of Public Instruction shall, by June 1, 2007, contract for an independent longitudinal evaluation regarding the effects of the change in the entry age for kindergarten and first grade pursuant to this article. In selecting the independent evaluator, awarding the contract pursuant to this section, and in monitoring performance under the contract, the Superintendent of Public Instruction shall consult with the advisory panel convened pursuant to subdivision (b) of Section 48005.13. (b) The evaluation shall be based upon samples of sufficient size and diversity to allow results to be reported separately for pupils of different ethnicity, socioeconomic status, and primary language, and results of the evaluation shall be so reported. (c) The primary purpose of the evaluation is to determine whether this entry age change results in improved readiness for school and an improvement in academic achievement among participating children. (d) The evaluation shall use representative sampling to identify the change's effects on all of the following: (1) Academic achievement, as measured by standardized tests, as compared with pupils not participating in the program. (2) Behavioral problems, as measured by objective data including, but not limited to, suspension and expulsion rates, as compared with pupils not participating in the program. (3) Academic problems, as measured by referrals to special education and remedial programs, as compared with pupils not participating in the program. (4) Age of kindergarten entry and previous educationally based preschool experience, including, but not limited to, access to child care and preschool by parents or guardians. (5) Overall retention rates in kindergarten and in subsequent grades. (6) Participation in remedial, supplemental, or summer school programs. (7) Class size. (8) Number of pupils participating in kindergarten. (9) Number of pupils participating in the kindergarten readiness programs. (10) Differences, if any, between programs with full preschool participation, and those with partial or no preschool. (11) Child care difficulties caused by the admission age change. (12) Demographic breakdown of participants and nonparticipants, including, but not limited to, socioeconomic and ethnic demographics. (13) Facilities difficulties, if any, encountered by participating school districts. (14) The ability of parents to gain access to the program, disaggregated by ethnic, primary language, and socioeconomic status. (e) It is the intent of the Legislature that funding for this evaluation be included in the Budget Act or a bill related to the Budget Act. It is the intent of the Legislature to subsequently increase the number of hours funded for the kindergarten readiness program if the reports pursuant to this section indicate that the increase would be beneficial. (f) (1) The independent evaluator shall report to the Legislature, the Governor, the Superintendent of Public Instruction, the State Board of Education, and the Secretary for Education. (2) The initial report shall be filed by June 1, 2009. The interim report shall be filed by January 1, 2011. The final report shall be filed by January 1, 2012. 48005.50. (a) The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the Office of the Superintendent of Public Instruction for a statewide public information campaign to notify school districts and parents of the availability and goals of the Kindergarten Readiness Pilot Program as necessary and for other state operations costs to implement this article in a timely manner. (b) The State Board of Education may adopt regulations related to the administration of the article and the distribution of funding for purposes of this article. The regulations shall preserve the flexibility of school districts to design and operate kindergarten readiness programs within the parameters established by this article. 48005.55. This article shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.
SECTION 48005.10-48005.55
48005.10. (a) This article shall be known, and may be cited, as the Kindergarten Readiness Pilot Program. (b) The Legislature hereby finds and declares the following: (1) The available data indicate all of the following: (A) By changing the age at which children generally enter kindergarten, California's children will be better prepared to enter into the academic environment that is required by the California content standards for kindergarten. (B) Success in school is often related to socioeconomic status, English language fluency at school entry, and access to preschool. By providing a kindergarten readiness program for the children most at risk for low performance and delaying entry to allow all children time to become more developmentally ready to learn, pupils are more likely to succeed in school. (C) Comparisons between California pupils and pupils in other states on national achievement tests in the later grades are likely to be more equitable if the entry age of California pupils is more closely aligned to that of most other states. (D) Children who have attended an educationally based kindergarten readiness program, including, but not limited to, a quality state preschool, Head Start, or kindergarten readiness program, are better prepared academically and socially for the existing kindergarten curriculum, as reflected by the state adopted standards. (2) The purpose of the pilot project established pursuant to this article is intended to test these data. (3) For participating school districts, the change in enrollment required pursuant to this article will result in a decrease in the number of pupils enrolled in kindergarten classes for the class entering kindergarten in the 2006-07 school year. Thus, it is estimated that in participating school districts there will be a 25 percent decrease in the enrollment of the kindergarten class in the initial year of implementation. (4) The school district revenue related provision of this article in Section 48005.30 is intended to fully fund participation in the program and provide an incentive to participate. 48005.11. A charter school is eligible to receive funding pursuant to this article. As a condition of receiving that funding, the charter school shall comply with all the requirements of this article. For purposes of this article, "school districts" means school districts or charter schools. 48005.13. (a) The Superintendent of Public Instruction shall establish and administer the Kindergarten Readiness Pilot Program to permit school districts to provide opportunities for children to enhance their readiness for kindergarten, thereby increasing their likelihood for future academic success. (b) The Superintendent of Public Instruction shall convene an advisory panel to assist the department in developing its request for proposals, and in evaluating and selecting the proposals submitted to the department. The advisory panel shall include, but need not be limited to, a representative of each of the following: (1) The Department of Finance. (2) The Legislature. (3) The California Research Bureau. (4) The Legislative Analyst. (5) The State Board of Education. (6) The Secretary for Education. (c) By February 1, 2006, the superintendent shall notify elementary and unified school districts maintaining kindergarten about the existence of this program, shall notify them about the procedures for participation, and shall request proposals for participation. (d) Participation in the program by a school district shall be voluntary. (e) A school district that elects to participate in the program shall apply to the Superintendent of Public Instruction by May 1, 2006, upon forms adopted by the superintendent for this purpose. (f) The Superintendent of Public Instruction, with the advice of the advisory panel, and in consultation with the Secretary for Education, shall select participants from the group of applicants. The Superintendent of Public Instruction shall give priority to applicant school districts that are representative of the diversity of pupils and of the various types of school districts within the state. The Superintendent of Public Instruction shall also give priority to unified school districts. (g) This article does not prohibit a school district from implementing the program in selected schools within the district if adequate records are kept to substantiate the accuracy of the declining enrollment incentive and limits on prekindergarten instruction funding provided pursuant to Section 48005.30. 48005.15. By July 1, 2006, each participant school district shall enter into an agreement with the Superintendent of Public Instruction setting forth the requirements under the program, including, but not limited to, all of the following: (a) The participating school district shall make a reasonable effort to identify parents and guardians of children from three to five years of age who reside within the school district and to provide the parents and guardians with information regarding, and access to, services, programs, or methods, to assist them in assessing the level of readiness of a child to enter school. (b) The effort set forth in subdivision (a) shall include, but need not be limited to, information regarding available care services, preschool programs, and educationally based kindergarten readiness programs. The school district may coordinate this effort with local parent-teacher organizations. (c) "Reasonable effort" as used in this subdivision does not require that the school district individually contact every potential parent who resides within the school district. (d) The school district shall provide assistance to parents or guardians who request assistance regarding activities that parents may initiate in preparing children for school. (e) At a minimum, participating school districts shall supply parents or guardians with written readiness guidelines developed by the department. (f) Assistance provided pursuant to this section shall be based on generally accepted child development theory and may include information related to social and development readiness and professional consultations with teachers and school administrators. (g) The participating school district shall make a reasonable effort to collect data and make it available to the independent evaluator, as specified in Section 48005.45. 48005.20. (a) Participating school districts shall offer enrollment in a kindergarten readiness program to eligible children in order to receive funding pursuant to this article. Participation by parents and children in a kindergarten readiness program shall be voluntary. (b) If the school district implements the program districtwide, it shall offer a kindergarten readiness program to any eligible child who pre-enrolls in kindergarten and may offer it to eligible children who do not pre-enroll. If a school district implements the program in selected schools within the district, it shall offer a kindergarten readiness program to any eligible child residing within the attendance boundary of the school who pre-enrolls in kindergarten and may offer it to eligible children residing within the attendance boundary of the school who do not pre-enroll. (c) For purposes of this article, an eligible child is any child residing in the attendance boundary of a school or school district, as applicable, who will become eligible to enter kindergarten in the following year pursuant to Section 48005.25. (d) Priority for enrollment in a kindergarten readiness program shall be provided to any child residing within the attendance boundary of the school or school district, as applicable, who has not previously attended a public or private preschool program. (e) The kindergarten readiness program offered by a school district pursuant to this section shall consist solely of components designed to enhance the skills that are necessary for success in later education and shall include, but need not be limited to, all of the following: (1) A program of sufficient duration and at times that reasonably allow participating children to attend at least 110 hours of kindergarten readiness activities and instruction. (2) Programs that assist pupils in developing the motor and cognitive skills, including, but not limited to, language development, required to be successful in kindergarten. (3) Activities that socialize pupils to the discipline of the school environment. 48005.25. (a) Notwithstanding any law, including, but not limited to, Section 48000, for the 2006-07 school year, and each school year thereafter in which a school district continues to participate in the program, the school district shall offer admission to kindergarten at the beginning of the school year, or at a later time in the same school year, only to children who will have their fifth birthday on or before September 1 of that school year. For a school district that is not implementing the pilot project authorized by this article on a districtwide basis, this subdivision applies only to children whose residence is in the regular attendance boundary of a participating school or who would otherwise attend that school under school assignment policies established in the school year prior to implementation of this pilot program. (b) Notwithstanding any law, including, but not limited to, Section 48010, for the 2007-08 school year, and each school year thereafter in which a school district continues to participate in the program, a school district shall offer admission to first grade at the beginning of the school year, or at a later time in the same school year, only to children who will have their sixth birthday on or before September 1 of that school year. Kindergarten may not be a prerequisite for enrollment in first grade pursuant to this article. For a school district that is not implementing the pilot project authorized by this article on a districtwide basis, this subdivision applies only to children whose residence is in the regular attendance boundary of a participating school or who would otherwise attend that school under school assignment policies established in the school year prior to implementation of this pilot program. (c) Notwithstanding subdivisions (a) and (b), the governing board of each school district participating in this program shall adopt a policy to allow, for good cause, admission of a child to kindergarten or to the first grade at the beginning of a school year in which the child's birthday will be after September 1, or at a later time in the same school year. It is the intent of the Legislature that this subdivision authorize rare exceptions for only the most gifted and socially mature children. Therefore, exceptions are limited to no more than the greater of either one child or the number of children determined by multiplying .01 times the prior school year second principal apportionment average daily attendance in kindergarten within the participating school district or the school implementing the program, as applicable. A school or school district may not exceed this limitation without specific written approval from the Superintendent of Public Instruction upon consideration of a statement by the school or school district of the circumstances that meet the legislative intent regarding this subdivision. 48005.30. (a) For the 2006-07 to 2012-13 school years, inclusive, the Superintendent of Public Instruction shall allocate a grant of funds for a participating school district for each year of participation to cover the costs of developing and operating the school district kindergarten readiness program, including, but not limited to, the costs of administration and the costs associated with services provided to parents and children in the program. For any participating school district, annual funding is subject to the limitations and requirements of this subdivision and may not exceed the per-pupil amount nor the total amount computed as follows: (1) Five dollars ($5) per hour for each hour of attendance for each child participating in the kindergarten readiness program up to a maximum of 150 hours of attendance for each child. The amount per hour shall be adjusted annually, commencing with the 2007-08 school year for the inflation adjustment calculated pursuant to subdivision (b) of Section 42238.1. (2) For purposes of total funding to a participating school district, the amount claimed may not exceed an amount equivalent to multiplying the amount in paragraph (1) by a number equal to 50 percent of the entire kindergarten second principal apportionment average daily attendance for the 2005-06 school year of the school district or, in a school district that is not implementing the pilot project authorized by this article on a districtwide basis, by a number equal to 50 percent of the kindergarten second principal apportionment average daily attendance for the 2005-06 school year of the schools in the district that are implementing the program. (b) For the 2006-07 school year, the Superintendent of Public Instruction shall allocate a one-time incentive grant to enhance transition of the school district for the reduced attendance that results from the program, to be determined by multiplying one-fourth of the kindergarten average daily attendance for the 2005-06 school year by the school district's base revenue limit per unit of average daily attendance. If a school district does not implement the program districtwide, this one-time incentive shall be determined by multiplying one-fourth of the specific portion of the district's kindergarten average daily attendance for the 2005-06 school year contributed by the implementing school or schools by the school district's base revenue limit per unit of average daily attendance. (c) A participating school district that does not implement the program on a districtwide basis shall provide to the Superintendent of Public Instruction a statement certifying the following: (1) The second principal apportionment average daily attendance in the implementing schools for the 2005-06 school year. The school district shall maintain these records for audit purposes. The Superintendent of Public Instruction may request documentation of the second principal apportionment average daily attendance in schools implementing the program as deemed necessary to enforce the funding limits of this article. (2) Attendance boundaries for the schools implementing the program will remain the same as they existed in the 2005-06 school year through the duration of the program, unless the district submits an application to and receives approval from the State Board of Education. The State Board of Education shall only consider applications for attendance boundary changes for participating schools in cases where significant population changes necessitate the opening of new schools or the closing of existing schools. In order to preserve the integrity of the evaluation required by this article, it is the intent of the Legislature that a school district applying to participate in the program on a less than districtwide basis avoid implementation of the program in schools that can reasonably be foreseen to be subject to boundary changes within the timeframe of the pilot program authorized in this article. The State Board of Education may not approve boundary changes that do not meet the requirements and intent of this paragraph. (3) The district has established procedures that restrict attendance in nonparticipating schools of the district for children residing in the attendance boundaries of the schools implementing the program. (d) Total incentive funding for reduced second principal apportionment average daily attendance provided pursuant to this article shall be subject to a statewide maximum funding level equal to the equivalent of 2,300 full annual units of average daily attendance multiplied by the statewide average school district revenue limit for the 2006-07 fiscal year as determined by the Department of Finance. 48005.33. The State Allocation Board shall adopt regulations to ensure that school districts are not adversely affected with regard to access to state funding for school facilities pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10) due to loss of enrollment based upon participation in this program. 48005.35. (a) A school district kindergarten readiness program operated pursuant to this article is exempt from the requirements of the Class Size Reduction Program (Ch. 6.10 (commencing with Sec. 52150), Pt. 28) and the regulations adopted by the Superintendent of Public Instruction pursuant to Section 8261 if the program meets kindergarten staffing and safety requirements. (b) Notwithstanding any other law, including, but not limited to, subdivision (a) of Section 17285, a commercial building that does not meet the requirements of Section 17280, that is leased to a school district may, until January 1, 2007, be used as a classroom in order to accommodate programs under this article if the governing board of the school district finds that conditions of subdivision (b) of Section 17285 have been met. (c) Any teacher participating in the kindergarten readiness program shall hold a permit or credential issued by the Commission on Teacher Credentialing that authorizes instruction in kindergarten or child care and development. 48005.45. (a) The Superintendent of Public Instruction shall, by June 1, 2007, contract for an independent longitudinal evaluation regarding the effects of the change in the entry age for kindergarten and first grade pursuant to this article. In selecting the independent evaluator, awarding the contract pursuant to this section, and in monitoring performance under the contract, the Superintendent of Public Instruction shall consult with the advisory panel convened pursuant to subdivision (b) of Section 48005.13. (b) The evaluation shall be based upon samples of sufficient size and diversity to allow results to be reported separately for pupils of different ethnicity, socioeconomic status, and primary language, and results of the evaluation shall be so reported. (c) The primary purpose of the evaluation is to determine whether this entry age change results in improved readiness for school and an improvement in academic achievement among participating children. (d) The evaluation shall use representative sampling to identify the change's effects on all of the following: (1) Academic achievement, as measured by standardized tests, as compared with pupils not participating in the program. (2) Behavioral problems, as measured by objective data including, but not limited to, suspension and expulsion rates, as compared with pupils not participating in the program. (3) Academic problems, as measured by referrals to special education and remedial programs, as compared with pupils not participating in the program. (4) Age of kindergarten entry and previous educationally based preschool experience, including, but not limited to, access to child care and preschool by parents or guardians. (5) Overall retention rates in kindergarten and in subsequent grades. (6) Participation in remedial, supplemental, or summer school programs. (7) Class size. (8) Number of pupils participating in kindergarten. (9) Number of pupils participating in the kindergarten readiness programs. (10) Differences, if any, between programs with full preschool participation, and those with partial or no preschool. (11) Child care difficulties caused by the admission age change. (12) Demographic breakdown of participants and nonparticipants, including, but not limited to, socioeconomic and ethnic demographics. (13) Facilities difficulties, if any, encountered by participating school districts. (14) The ability of parents to gain access to the program, disaggregated by ethnic, primary language, and socioeconomic status. (e) It is the intent of the Legislature that funding for this evaluation be included in the Budget Act or a bill related to the Budget Act. It is the intent of the Legislature to subsequently increase the number of hours funded for the kindergarten readiness program if the reports pursuant to this section indicate that the increase would be beneficial. (f) (1) The independent evaluator shall report to the Legislature, the Governor, the Superintendent of Public Instruction, the State Board of Education, and the Secretary for Education. (2) The initial report shall be filed by June 1, 2009. The interim report shall be filed by January 1, 2011. The final report shall be filed by January 1, 2012. 48005.50. (a) The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the Office of the Superintendent of Public Instruction for a statewide public information campaign to notify school districts and parents of the availability and goals of the Kindergarten Readiness Pilot Program as necessary and for other state operations costs to implement this article in a timely manner. (b) The State Board of Education may adopt regulations related to the administration of the article and the distribution of funding for purposes of this article. The regulations shall preserve the flexibility of school districts to design and operate kindergarten readiness programs within the parameters established by this article. 48005.55. This article shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.
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