Article 1 - Kindergartens

California Education Code — §§ 48000-48004

Sections (6)

Amended by Stats. 2024, Ch. 38, Sec. 50. (SB 153) Effective June 29, 2024.

(a)A child shall be admitted 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 fifth birthday on or before one of the following dates:

(1)December 2 of the 2011–12 school year.

(2)November 1 of the 2012–13 school year.

(3)October 1 of the 2013–14 school year.

(4)September 1 of the 2014–15 school year and each school year thereafter.

(b)The governing board of the school district of a school district

maintaining one or more kindergartens may, on a case-by-case basis, admit to a kindergarten a child having attained the age of five years at any time during the school year with the approval of the parent or guardian, subject to the following conditions:

(1)The governing board of the school district determines that the admittance is in the best interests of the child.

(2)The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.

(c)(1) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, and Chapter 3 (commencing with Section 47610) of Part 26.8, as applicable, a school district or charter school shall ensure the

following:

(A) In the 2012–13 school year, a child who will have their fifth birthday between November 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(B) In the 2013–14 school year, a child who will have their fifth birthday between October 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(C) From the 2014–15 school year to the 2021–22 school year, inclusive, a child who will have their fifth birthday between September 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(D) In the 2022–23 school year, a child who will have

their fifth birthday between September 2 and February 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(E) In the 2023–24 school year, a child who will have their fifth birthday between September 2 and April 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(F) In the 2024–25 school year, a child who will have their fifth birthday between September 2 and June 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school.

(G) In the 2025–26 school year, and in each school year thereafter, a child who will have their fourth birthday by September 1 shall be admitted to a transitional kindergarten program maintained by the school district or charter

school.

(2)(A) In any school year, a school district or charter school may, at any time during a school year, admit a child to a transitional kindergarten program who will have their fifth birthday after the date specified for the applicable year in subparagraphs (A) to (F), inclusive, of paragraph (1) but during that same school year, with the approval of the parent or guardian, subject to the following conditions:

(i)The governing board of the school district or the governing body of the charter school determines that the admittance is in the best interests of the child.

(ii) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance.

(B) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to subparagraph (A) shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained the pupil’s fifth birthday, regardless of when the pupil was admitted during the school year.

(d)For purposes of this section, “transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate.

(e)A transitional kindergarten shall not be construed as a new program or higher level of service.

(f)It is the intent of the Legislature that transitional kindergarten curriculum be aligned to

the California Preschool/Transitional Kindergarten Learning Foundations developed by the department.

(g)As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, a school district or charter school shall do all of the following:

(1)Maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school:

(A)“Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher during the regular schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in

the evening and summer school class shall not be considered classes for purposes of this calculation.

(B)(i) “Active enrollment count” for purposes of subparagraph (C) means the count of all pupils enrolled in a class with transitional kindergarten pupils on the first day of the school year on which the class was in session, plus all later enrollees, minus all withdrawals since that first day. An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year.

(ii) For school districts, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who meet the minimum day requirements for independent study and are continually enrolled in independent study for more than 14 schooldays in a school

year.

(iii) For charter schools, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering, as described in Section 11960 of Title 5 of the California Code of Regulations.

(C)“Average number of pupils enrolled per class” means the quotient of the sum of the active enrollment counts made under subparagraph (B) divided by the total number of those active enrollment counts for each class of the schoolsite.

(D)“Average transitional kindergarten class enrollment” means the quotient of the sum of the average number of pupils enrolled per

class determined pursuant to subparagraph (C) of all classes at the schoolsite divided by the total number of all classes at the schoolsite that include transitional kindergarten pupils, rounded to the nearest half or whole integer.

(2)Commencing with the 2022–23 school year, maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms at each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school:

(A)“Total transitional kindergarten enrollment” is the sum of the average number of pupils enrolled per class of all classes at the schoolsite, as determined in subparagraph (C) of paragraph (1).

(B)“Number of adults” shall be determined for each schoolsite as follows:

(i)A count of employees of the school district or charter school assigned to each class at the schoolsite that includes transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year.

(ii) The sum of all of the adult counts pursuant to clause (i) shall be divided by the total number of those counts, rounded to the nearest half or whole integer.

(C) “Adult-to-pupil ratio” shall be the quotient of the total transitional kindergarten enrollment divided by the total number of adults, rounded to the nearest half or whole integer.

(3)(A) Commencing with the 2025–26 school year, and for each year thereafter, maintain an average of at least one adult for every 10

pupils for transitional kindergarten classrooms.

(B)It is the intent of the Legislature to appropriate funds for purposes of this paragraph.

(4)Ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, one of the following:

(A)At least 24 units in early childhood education, childhood development, or both.

(B)As determined and documented by the local educational agency employing the teacher, professional experience in a classroom setting with preschool age children meeting the criteria established by the governing board or body of the local educational agency that is comparable to the 24 units of education described in subparagraph (A).

(C)A child development teacher permit, or an early childhood education specialist credential, issued by the Commission on Teacher Credentialing.

(h)A school district or charter school may place four-year-old children, as defined in Section 8205, enrolled in a California state preschool program into a transitional kindergarten program classroom. A school district or charter school that commingles children from both programs in the same classroom shall meet all of the requirements of the respective programs in which the children are enrolled, and the school district or charter school shall adhere to all of the following requirements, irrespective of the program in which the child is enrolled:

(1)An observation using the Classroom Assessment Scoring System (CLASS) tool and CLASS Environment tool shall be completed for

the classroom.

(2)All children enrolled for 10 or more hours per week shall be evaluated using the Desired Results Developmental Profile, as specified in Section 17702 of Title 5 of the California Code of Regulations.

(3)The classroom shall be taught by a teacher that holds a credential issued by the Commission on Teacher Credentialing in accordance with Section 44065 and subdivision (b) of Section 44256 and who meets the requirements set forth in subdivision (g).

(4)The classroom shall be in compliance with the adult-child ratio specified in subdivision (c) of Section 8241.

(5)Contractors of a school district or charter school commingling children enrolled in the California state preschool program with children enrolled in a transitional

kindergarten program classroom shall report the services, revenues, and expenditures for the California state preschool program children in accordance with Section 18068 of Title 5 of the California Code of Regulations. Those contractors are not required to report services, revenues, and expenditures for the children in the transitional kindergarten program.

(i)Until July 1, 2019, a transitional kindergarten classroom that has in attendance children enrolled in a California state preschool program shall be licensed pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code.

(j)A school district or charter school that chooses to place California state preschool program children into a transitional kindergarten program classroom shall not also include children enrolled in transitional

kindergarten for a second year or children enrolled in kindergarten in that classroom.

(k)A child’s eligibility for transitional kindergarten enrollment under paragraph (1) or (2) of subdivision (c) shall not impact family eligibility for a preschool or childcare program, including, but not limited to, all of the following:

(1)A Head Start or Early Head Start program, as defined by the federal Head Start Act, as amended (42 U.S.C. Sec. 9801 et seq.).

(2)A childcare center, family childcare home, or license-exempt provider serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code.

(3)A migrant childcare and development program serving

children pursuant to Chapter 6 (commencing with Section 10235) of Part 1.8 of Division 9 of the Welfare and Institutions Code.

(4)A childcare center or family childcare home educational network serving children through a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1.

(5)A childcare center, family childcare home, or license-exempt provider serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240) of Part 1.8 of Division 9 of the Welfare and Institutions Code.

(6)A family childcare home educational network serving children pursuant to Chapter 8 (commencing with Section 10250) of Part 1.8 of Division 9 of the Welfare and Institutions Code.

(7)Childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) of Part 1.8 of Division 9 of the Welfare and Institutions Code.

(8)A program serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code.

(l)(1) The Superintendent shall authorize California state preschool program contracting agencies to offer less than four hours each instructional day of wraparound childcare services within a part-day California state preschool program for children enrolled in an education program as a transitional kindergarten or kindergarten pupil, if their families meet the requirements of Section 8208.

(2)The Superintendent shall authorize California state preschool programs operating on a local education agency campus to operate a part-day California state preschool program that allows flexibility in the operational hours and enrollment cutoff dates to better align with the enrollment for the new school year.

(3)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision the department shall implement this subdivision, through management bulletins or similar letters of instruction on or before December 31, 2022.

§ 48000.1

Amended by Stats. 2025, Ch. 744, Sec. 8. (SB 147) Effective October 13, 2025.

(a)For the purposes of subparagraphs (A) and (B) of paragraph (4) of subdivision (g) of Section 48000, “units” means semester units, or their quarterly equivalent, as used for the purposes of a degree program at the University of California, California State University, California Community Colleges, or independent institutions of higher education, as defined in Section 66010.

(b)(1) Commencing with the 2022–23 school year, if a school district or charter school fails to comply with the requirements of paragraphs (1) to (4), inclusive, of subdivision (g) of Section 48000, the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to Section 42238.02 the sum of the following:

(A) (i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (2) of subdivision (g) of Section 48000, the amount determined by multiplying:

(I) The number of additional adults needed to meet the requirements of paragraph (2) of subdivision (g) of Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 12, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000.

(II) Twenty-four, reduced by the statewide

average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th.

(III) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02.

(ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (3) of subdivision (g) of Section 48000, the amount determined by multiplying:

(I) The number of additional adults needed to meet the requirements of paragraph (3) of subdivision (g) of Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as

determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 10, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000.

(II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th.

(III) The per average daily attendance rate determined pursuant to paragraph (3) of subdivision (g) of Section 42238.02.

(B) For school districts and charter schools that fail to ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, met one of the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000, the amount determined by multiplying:

(i)The number of credentialed teachers that did not meet the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000.

(ii) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th.

(iii) The per average daily attendance rate pursuant to subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02.

(iv) The quotient of the sum of all schooldays on which all teachers identified pursuant to clause (i) rendered any amount of service in a classroom with transitional kindergarten pupils without meeting the applicable requirements divided by the total days of instruction for those teachers.

(C) (i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the then-current fiscal year’s average daily

attendance reported for the second principal apportionment period in transitional kindergarten by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02.

(ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the transitional kindergarten average daily attendance for the second principal apportionment period for the affected schoolsites by the amount specified in subparagraph (A) of paragraph

(3)of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02.

(2)The requirements of paragraphs (1), (2), and (4) of subdivision (g) of Section 48000, and, if operative, the requirements of paragraph (3) of subdivision (g) of Section 48000, shall apply to any classroom providing instruction to pupils enrolled in a transitional kindergarten program.

(c)The Superintendent shall adjust an amount withheld pursuant to the requirements of subdivision (b) to ensure that the total amount withheld does not exceed the product of both of the following:

(1)The then-current fiscal year’s average daily attendance reported

for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school.

(2)The sum of the per average daily attendance rates of all of the following:

(A)Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02.

(B)Subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02.

(C)Paragraph (2) of subdivision (g) of Section 42238.02.

(d)An individual with a substitute permit or teaching permit authorized by the Commission on Teacher Credentialing pursuant to subdivision (m) of Section 44225 or Section 44300 of this code, or Sections 80025, 80025.1, and 80025.2 of Title 5 of the California Code of

Regulations, that provides substitute teaching services in a transitional kindergarten classroom, shall not be subject to the requirements of paragraph (4) of subdivision (g) of Section 48000.

§ 48000.15

Amended by Stats. 2023, Ch. 194, Sec. 13. (SB 141) Effective September 13, 2023. Inoperative July 1, 2025, by its own provisions.

(a)It is the intent of the Legislature that each transitional kindergarten classroom that includes an early enrollment child maintains at least one adult for every 10 pupils, and that credentialed teachers who are first assigned to a transitional kindergarten classroom that includes one or more early enrollment children meet at least one of the requirements specified subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000.

(b)For purposes of this section, the following definitions apply:

(1)(A) “Active enrollment count” means the count of all pupils

enrolled in a transitional kindergarten classroom with early enrollment children on the first day of the school year on which the class was in session, plus all subsequent enrollees, minus all withdrawals since that first day.

(B)An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year.

(C)(i) For school districts, the active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who (I) meet the minimum day requirements for independent study and (II) are continually enrolled in independent study for more than 14 schooldays in a school year.

(ii) For charter schools, the active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering requirement, as described in Section 11960 of Title 5 of the California Code of Regulations.

(2)“Adult-to-pupil ratio” shall be the quotient of the active enrollment count divided by the total number of adults, rounded to the nearest half or whole integer.

(3)“Class” means a group of pupils scheduled to report regularly at a particular time to a

particular teacher during the regular schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in the evening and summer school class shall not be considered classes for purposes of this calculation.

(4)“Early enrollment child” means a child whose fourth birthday will be between the third of June and first of September, inclusive, preceding the school year during which they are enrolled in a transitional kindergarten classroom.

(5)“Number of adults” shall be determined for each classroom subject to this section as follows:

(A)A count of employees of the school district or charter school assigned to

each class that includes early enrollment transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year.

(B)The sum of all of the adult counts pursuant to subparagraph (A) shall be divided by the total number of those counts, rounded to the nearest half or whole integer.

(c)(1) Beginning July 1, 2023, and for the 2023–24 and 2024–25 school years, any school district or charter school that offers transitional kindergarten to early enrollment children shall concurrently offer enrollment in a California state preschool program that is operated by the school district or charter school if the school district or charter school operates a California state preschool program and if that program is

not fully subscribed, and may, notwithstanding Section 8208, enroll an early enrollment child in a California state preschool program operated by the school district or charter school, regardless of income, after all other eligible children have been enrolled.

(2)Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to this section shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained their fifth birthday.

(d)Notwithstanding subparagraph (A) of paragraph (2) of subdivision (c) of Section 48000, a school district or charter school may enroll an early enrollment child in a transitional kindergarten program

if all of following conditions are met:

(1)Any classroom that includes an early enrollment child shall maintain an adult-to-pupil ratio of at least one adult to every 10 pupils.

(2)The school district or charter school prioritizes assigning credentialed teachers that meet at least one of the requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000 to early enrollment transitional kindergarten classrooms, to the extent possible.

(3)Any transitional kindergarten classroom that includes an early enrollment child shall maintain a classroom enrollment that does not exceed 20 pupils.

(e)(1) If a school district or charter school fails to comply with the requirements of paragraph (1) or (3) of subdivision (d), the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to Section 42238.02 an amount pursuant to the following:

(A) For school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (1) of subdivision (d) for classrooms that include an early enrollment child, the amount shall be determined by multiplying:

(i)The number of additional adults needed to meet the requirements of paragraph (1) of subdivision (d), as calculated by dividing the total enrollment pupils in each transitional kindergarten classroom with early enrollment children, by 10, rounded to

the nearest half or whole integer, minus the total number of adults assigned to the classroom, as determined pursuant to subparagraph (B) of paragraph (3) of subdivision (b).

(ii) Twenty, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest tenth.

(iii) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02.

(B) For school districts and charter schools that fail to maintain a class enrollment of not more than 20 pupils, as required pursuant to paragraph (3) of subdivision

(d), the amount determined by multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten classrooms with early enrollment children by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district or charter school fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02.

(2)The Superintendent shall adjust an amount withheld pursuant to the requirements of paragraph (1) in order to ensure that the total amount withheld pursuant to paragraph (1) and Section 48000.1 does not exceed the product of both of the following:

(A)The then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school.

(B)The sum of the per average daily attendance rates of all of the following:

(i)Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02.

(ii) Subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02.

(iii) Paragraph (2) of subdivision (g) of Section 42238.02.

(f)For the 2023–24 and 2024–25 school years, any

school district or charter school that serves early enrollment children in transitional kindergarten shall report to the department, pursuant to a process determined by the department, the number of teachers in transitional kindergarten classrooms with early enrollment children that did not meet at least one of the requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000. The department shall submit a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance by October 1, 2024, and again by October 1, 2025, that includes this information, disaggregated by each school district and charter school.

(g)For the 2023–24 and 2024–25 fiscal year Guide for Annual Audits of K–12

Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in paragraphs (1) and (3) of subdivision (d).

(h)This section shall become inoperative on July 1, 2025.

§ 48002

Amended by Stats. 1990, Ch. 700, Sec. 1. Effective September 12, 1990.

The parent or guardian of a child shall, prior to the admission of the child to the kindergarten or first grade of a school district, present proof to the authorities of the district evidencing that the child is of the minimum age fixed by law for admission thereto. The method of proof of age shall be prescribed by the governing board, and the evidence may be in the form of a certified copy of a birth record or a statement by the local registrar or a county recorder certifying the date of birth, or a baptism certificate duly attested, or a passport, or, when none of the foregoing is obtainable, an affidavit of the parent, guardian, or custodian of the minor, or any other appropriate means of proving the age of the child as prescribed by the governing board of the school district.

§ 48003

Amended by Stats. 2015, Ch. 303, Sec. 100. (AB 731) Effective January 1, 2016.

Commencing with the 2015–16 school year, a local educational agency shall provide an annual report to the department that contains information on the type of kindergarten program offered by the local educational agency, including part-day, full-day, or both, in a manner determined by the department.

§ 48004

Added by Stats. 2025, Ch. 8, Sec. 42. (AB 121) Effective June 27, 2025.

(a)The Legislature finds and declares all of the following:

(1)With the expansion of transitional kindergarten, there is an increased need to support our youngest multilingual learners, including pupils whose primary language is a language other than English, pupils who are learning two or more languages at the same time, and pupils who are learning a second language while still developing their first language.

(2)The languages and cultures that pupils bring with them are an asset to their learning communities and should be uplifted and celebrated. Research demonstrates the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy.

(3)Early identification of multilingual learners is key in providing early support with evidence-based language development resources and in improving pupil outcomes. However, identification should be done in a developmentally appropriate manner that minimizes the stress placed on young pupils.

(4)With the passage of Assembly Bill 2268 of the 2023–24 Regular Session, signed by the Governor on June 14, 2024, the Legislature affirmed its commitment to ensuring all pupils in transitional kindergarten, including young four-year-old children eligible for transitional kindergarten, are not assessed for English language acquisition status with a language proficiency assessment that is not developmentally appropriate.

(5)As a result of the passage of Assembly Bill 2268 of the 2023–24 Regular Session, pupils in transitional

kindergarten were exempted from the requirement to be administered the English Language Proficiency Assessments for California (ELPAC) in the 2024–25 school year, thereby eliminating the ability of local educational agencies to screen pupils in transitional kindergarten for English language acquisition status.

(6)It is the intent of the Legislature to ensure an efficient method of screening pupils in transitional kindergarten for English language acquisition status to determine if they are a multilingual learner and to streamline processes for local educational agencies and staff through the statewide use of a standardized screening instrument that is developmentally appropriate for use with three- and four-year-old children entering transitional kindergarten.

(7)It is further the intent of the Legislature that local educational agencies provide language development support to

multilingual learners in transitional kindergarten and that local educational agencies and teachers and staff assigned to transitional kindergarten classrooms provide parents or guardians of pupils enrolled in transitional kindergarten with information regarding the benefits of multilingualism.

(8)It is further the intent of the Legislature that local educational agencies identify multilingual learners in transitional kindergarten who need language development support by using a screening instrument that meets all requirements of subdivision (d) and a home language survey that complements the screening.

(b)(1) (A) By no later than March 31, 2026, the Superintendent shall select, subject to the approval of the executive director of the state board, a list of screening instruments that meet the requirements of subdivision (d) to support

the identification of multilingual learners in transitional kindergarten.

(B) The Superintendent shall submit recommendations to the executive director of the state board, and the relevant policy and fiscal committees of the Legislature, whether any of the screening instruments chosen pursuant to this section are also developmentally appropriate for identifying dual language learners, who are three through four years old, inclusive, in California state preschool programs.

(2)(A) For the 2025–26 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent for any of the following purposes:

(i)To acquire screening instruments selected pursuant to subparagraph (A) of paragraph (1) and any training materials, available for use by, and

free of cost to, local educational agencies.

(ii) To support field testing of the screening instruments pursuant to paragraph (2) of subdivision (c).

(B) Funds appropriated pursuant to paragraph (2) shall be available for expenditure or encumbrance through June 30, 2028.

(3)For purposes of this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.

(c)(1) (A) Commencing with the 2027–28 school year, a local educational agency serving pupils in transitional kindergarten pursuant to Section

48000 shall screen transitional kindergarten pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify whether they are multilingual learners using a screening instrument selected by the Superintendent pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(B) The department shall provide guidance to local educational agencies on the use of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(2)In the 2026–27 school year the Superintendent may select local educational agencies to voluntarily conduct a field test of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(d)The screening instruments selected

pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be able to measure the extent to which a pupil enrolled in a transitional kindergarten pursuant to Section 48000 would benefit from additional support in English by screening their English language listening and speaking skills and shall meet all of the following requirements:

(1)Have psychometric properties of reliability and validity deemed adequate by technical experts.

(2)Be developmentally and age-appropriate for pupils in transitional kindergarten.

(3)Be capable of administration to pupils with a primary language other than English.

(4)Be capable of administration by classroom teachers or other adults assigned to the classroom.

(5)Not discriminate on the basis of race, ethnicity, or gender.

(e)Local educational agencies that screen pupils pursuant to this section shall ensure that, based on the responses of a home language survey administered upon a pupil’s enrollment, a pupil is screened within 30 days upon enrollment in a transitional kindergarten program.

(f)Results of the screening administered pursuant to this section shall not be used for any of the following:

(1)To identify a pupil as an English learner pursuant to Section 306.

(2)Any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or

talented education, reclassification of English learners, or identification as an individual with exceptional needs.

(g)(1) This section does not preclude a local educational agency from administering, based on the responses of a home language survey administered upon a pupil’s enrollment, the English language proficiency assessment pursuant to Sections 313 and 60810 to a pupil in kindergarten or any of grades 1 to 12, inclusive.

(2)This section does not change existing law that excludes a pupil enrolled in a transitional kindergarten program pursuant to Section 48000 from being administered an English language proficiency assessment pursuant to Section 313 or 60810.

(h)This section does not preclude an educator from providing language development support to pupils in transitional

kindergarten based on classroom observations and the educator’s interactions with a pupil.

(i)For purposes of this section, the following definitions apply:

(1)“English learner” has the same meaning as defined in subdivision (a) of Section 306.

(2)“Home language survey” means a survey administered at or before the time of a pupil’s initial enrollment to identify whether the primary or native language of a pupil is a language other than English and may be the same as the survey required pursuant to subdivision (a) of Section 11518.5 of Title 5 of the California Code of Regulations.

(3)“Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000.

(4)“Local educational agency” means a school district, county office of education, or charter school.

(5)“Multilingual learner” is a pupil enrolled in transitional kindergarten pursuant to Section 48000 who has a primary language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, and could benefit from support for their linguistic and developmental needs as determined by a screening instrument selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(j)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (2) of subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included

within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.

(k)Notwithstanding any other law, this section shall not be waived by the state board pursuant to Section 33050 or by the Superintendent.