Define Apportionment for Transitional Kindergarten in Basic Aid Districts

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The Kindergarten Readiness Act (SB 1381), passed in September 2010, changed the required birthday for admission to kindergarten in California from December 2 to September 1. SB 1381 also created a new program for young 5 year olds (those turning five between September 2 and December 2) called transitional kindergarten.

EdCode 48000c states school districts shall admit pupils into transitional kindergarten, "as a condition of receipt of apportionment."

According to the California Department of Education , all age-eligible California school districts are required to provide transitional kindergarten "whether they receive State revenue limit funding or are basic aid." 

Per the funding page “according to School Services of California, ‘For funding purposes, transitional kindergarten (TK) is kindergarten. Any funding (federal, state, and local) currently provided to local educational agencies (LEAs) to support kindergarten (K) also includes TK pupils.’”

Basic aid school districts receive more from local property taxes than their state revenue limit per pupil under the Local Control Funding Formula.

The following basic aid school districts opine that the revenue they collect from property taxes does not constitute as apportionments for TK and have discontinued their TK programs:

San Diego County
Cardiff Elementary
Del Mar Elementary
Encinitas Elementary
Rancho Santa Fe Elementary
Solana Beach Elementary

San Mateo County
Hillsborough City Elementary
Las Lomitas Elementary
Menlo Park City Elementary

Marin County
Mill Valley Elementary
Reed Elementary
Ross Elementary

Pupils who live within the boundaries of these districts cannot attend TK in their home district.

The bill's author, retired State Senator Joe Simitian, advises that parents can either, “persuade their [school] board to provide the program...litigate, or they can ask the state Legislature to reconfirm the fact that (transitional kindergarten) is a requirement.” 

California State Legislature, please revisit the language of the statute and determine whether property taxes are apportionments for TK.  Take the necessary action to reconcile the opinion of the basic aid districts who do not offer TK with that of the CDE. Please help students and families in understanding which of these two interpretations is true.

Thank you!