Policy updates impacting California’s youngest learners

POLICY

Important information for LEAs with preschool and TK programs

The importance of early childhood education is well established. It is linked with later success in school and life, with a stronger foundation in language, literacy and numeracy, and more fully developed social and self-regulation skills. Perhaps for these reasons, early childhood education continued to be a legislative priority in 2024 when a number of bills were signed into law that impact the services and supports provided in preschool, transitional kindergarten (TK) and child care programs. These new regulations impact student eligibility for enrollment, enrollment priorities, curriculum, instruction and more.

Senate Bill 163 (2024) authorizes districts and county offices of education to enroll 2-year-old children until 2027 into part- and full-day programs that are age and developmentally appropriate and designed to facilitate the transition to kindergarten. In order to support districts and COEs in these efforts, the State Superintendent of Public Instruction will be developing guidance for California State Preschool Programs (CSPP) to follow when enrolling 2-year-olds in accordance with Assembly Bill 176 (2024).

SB 163, along with SB 141 (2023), also added and revised requirements related to eligibility and enrollment of students in preschool that all CSPP contractors are required to follow. Since the guidance outlining the eligibility and enrollment priorities is pending, local educational agencies are encouraged to monitor the California Department of Education’s (CDE) website for more information on the most current priorities.

SB 153 (2024) requires LEAs that elect to commingle children from CSPP and transitional kindergarten (TK) in the same classroom to meet all the requirements of the respective programs and to complete an observation using the Classroom Assessment Scoring System (CLASS) tool and CLASS Environment tool. The CLASS measures the quality of the interactions related to learning and development that teachers have with students, assessing student-teacher interactions across three areas: emotional support, classroom management and instructional support.

Another important piece of legislation impacting early childhood education is AB 2268 (2024), which excludes TK students from an LEA’s requirement to identify and assess the English language development of all potential English learners. This legislation more specifically exempts TK students from requirements related to the English Language Proficiency Assessments for California (ELPAC). However, the CDE still encourages LEAs to continue to conduct the Home Language Survey during TK enrollment.

Senate Bill 163 (2024) authorizes districts and county offices of education to enroll 2-year-old children into programs that are age and developmentally appropriate and designed to facilitate the transition to kindergarten.

In addition to the legislation discussed above, beginning in July 2025, CSPPs are required to use the CDE’s Preschool/Transitional Kindergarten Learning Foundations (PTKLF) to guide curriculum and lesson planning to support children ages 3-5. The PTKLF describe the knowledge, skills and developmental milestones that most children are able to achieve in a high-quality early education program. The goal of these foundations is to, “provide preschool and TK educators, parents, and the public with a clear understanding of the wide range of knowledge and skills that children typically attain when given the benefits of a high-quality preschool program, whether it be in center-based, home-based or TK settings.”

Another tool that may help districts and COEs stay up to date and in compliance with the ongoing changes impacting early childhood education is CDE’s Early Education Division Federal Program Monitoring Instrument. This tool is designed to ensure LEA services as well as policies and procedures are in alignment with the most current statutes and regulations related to early education programs. Beyond policy, another area of focus for many researchers and educators in the efforts to improve early childhood education is improving the data available to educators and families and then building the capacity for communities and staff to utilize data to aid in decision-making.

Relevant policies

In December, CSBA’s sample Board Policy and Administrative Regulation (BP/AR) 5148 – Child Care and Development, 5148.2 – Before/After School Programs, 5148.3 – Preschool/Early Childhood Education, and 6170.1 – Transitional Kindergarten were updated to incorporate these changes.

In addition to these changes, BP/AR 5148.3 – Preschool Early Childhood Education was updated to incorporate new state law that prohibits students from being expelled or unenrolled, or persuading or encouraging a child’s parents/guardians to voluntarily unenroll from a preschool program based on the child’s behavior, unless it is in accordance with the specified procedures.

Additionally, CSBA’s sample BP/AR 5148 – Child Care and Development was updated to incorporate new requirements related to the identification of dual language learners. New state law requires child care and development contractors to determine the dual language learner status for each child. This can be done by using the Family Language Instrument or obtaining information on the child’s designation as an English learner. Once identified, contractors are required to conduct the Family Language and Interest Interview for dual language learners to better support the child’s needs. However, it is important to note that the families of dual language learners cannot be compelled to complete the family language survey for identification purposes or participate in the Family Language and Interest Interview.

The ongoing expansion of early childhood education has created a lot of interest and changes. By utilizing the tools identified here, leaders can provide direction that will improve the engagement of families and empower staff. The CDE’s Preschool/Transitional Kindergarten Learning Foundations aims to provide guidance to improve instruction and the CDE’s Federal Program Monitoring Instrument can help districts and COEs ensure policies and practices are aligned with the most current requirements.

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