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CALIFORNIA STATUTES AND CODES

SECTIONS 8970-8974

EDUCATION CODE
SECTION 8970-8974
8970. The Legislature hereby finds and declares all of the following: (a) The Superintendent of Public Instruction convened a Task Force on School Readiness that prepared a report which included the following findings and recommendations: (1) Preschool and kindergarten programs have become more academically oriented with an emphasis on paper and pencil "seat work" and a decreased emphasis on other essential age-appropriate curricular elements such as language development; familiarity with stories, music, and oral language experiences; artistic exploration; social interaction; and large muscle development. (2) Assessment tests of questionable validity and reliability are being used to delay children's entrance to kindergarten or to place them in a two-year kindergarten. (3) An appropriate, integrated experiential curriculum should be provided for children in preschool, kindergarten, and grades 1 to 3, inclusive. (4) Programs should meet the special needs of our culturally and linguistically diverse pupils as well as the needs of exceptional children. (5) Classroom organization and teaching methods should reflect the heterogeneous skills and abilities of children in early primary programs. (6) School districts should be encouraged to develop communication about linkages between programs for four-year-olds, early primary programs, and the primary and intermediate grades of elementary schools. (7) The staff of early primary programs should receive appropriate education, training, and remuneration. (8) Programs should be offered full-day and also should provide before- and after-school care. (9) Assessment methods of children in early primary programs should be drastically altered. (10) Parental involvement should be encouraged. (11) A public awareness campaign should be launched describing appropriate learning practices for children in preschool, kindergarten, and grades 1 to 3, inclusive. (b) The Superintendent of Public Instruction issued a Triennial Report on Publicly Funded Child Development Programs that documents the increasing numbers of low-income families eligible but unserved by limited preschool and child care funds, and that presents policy implications for staffing and funding issues. (c) National studies show future benefits of early intervention programs to society and immediate advantages to California employers in the form of reduced absenteeism, improved worker morale, and increased productivity. (d) It is the intent of the Legislature that activities initiated as a result of this chapter shall continue without regard to fiscal year depending, when necessary, on continued funding. (e) It is the intent of the Legislature that school districts that establish an early primary program coordinate that program, whenever possible, with the Demonstration in Restructuring of Public Education program, established pursuant to Chapter 9 (commencing with Section 58900) of Part 31 and, where applicable, with the county interagency children's services coordinating council, established pursuant to Article 2 (commencing with Section 18986.10) of Chapter 12.8 of Part 6 of Division 9 of the Welfare and Institutions Code. 8971. As used in this chapter, the following terms shall have the following meanings: (a) "Child development program" means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. (b) "Early primary program" means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. (c) "Integrated, experiential, and developmentally appropriate educational program" means a program that is designed around the abilities and interests of the children in the program and one in which children learn about the various subjects simultaneously, as opposed to segmented courses, and through "hands-on" or "active learning" teaching methods that are more appropriate for young children than the academic "textbook" approach. (d) "Preschool program" means a comprehensive developmental program for children who are too young to enroll in kindergarten. (e) "Portfolio material" means a selection of representative samples of the child's performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child's progress over time. (f) "School district" includes county offices of education. (g) "State preschool program" means a part-day comprehensive developmental program for children three to five years of age from low-income families, administered by the State Department of Education. 8972. (a) The governing board of any school district may establish an early primary program consisting of same-age pupils or any combination of state preschool or child development program, kindergarten, first, second, or third grade pupils, based on an integrated, experiential, and developmentally appropriate educational program. Parent education and parent involvement shall be an integral part of the program. (b) Observation of a child over time and the use of portfolio material shall be the primary sources of assessment information for making curricular decisions in early primary programs. (c) Standardized assessment tests may be used for diagnostic purposes only, provided those tests have been demonstrated to be nonbiased, valid, and reliable. These tests shall not be used to deny admission. 8973. Notwithstanding any other provision of law, the kindergarten schoolday in an early primary program conducted pursuant to Section 8972 may exceed four hours, exclusive of recesses, provided that both of the following conditions are met: (a) The governing board of a school district declares that the extended-day kindergarten program does not exceed the length of the primary schoolday. (b) The extended-day kindergarten program takes into account ample opportunity for both active and quiet activities within an integrated, experiential, and developmentally appropriate educational program. 8974. School districts with early primary programs shall provide educational continuity from preschool through kindergarten and grades 1 to 3, inclusive, by accomplishing the following: (a) Establish connections with public preschool programs, including state preschool, state child development, and federal Head Start programs, to establish a more effective transition of children from preschool to kindergarten. (b) Promote connections among early primary programs that provide before- and after-school services. (c) Promote joint activities for teachers and administrators of public preschool programs, including state preschool, state child development, and federal Head Start, and kindergarten and grades 1 to 3, inclusive, in areas such as program planning and staff development training related to developmentally appropriate curriculum and assessment practices for young children.

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