Elementary education: kindergarten.
AB 1631
California Bills
20250AB__163198AMD INTRODUCED 2026-01-26 AMENDED_ASSEMBLY 2026-03-23 2025 AB AMD Introduced by Assembly Members Muratsuchi and Patel (Principal coauthor: Senator Rubio) <caml:Contribution>LEAD_AUTHOR</caml:Contribution><caml:House>ASSEMBLY</caml:House><caml:Name>Muratsuchi</caml:Name></caml:Legislator>"?> LEAD_AUTHOR ASSEMBLY Muratsuchi LEAD_AUTHOR ASSEMBLY Patel PRINCIPAL_COAUTHOR SENATE Rubio
An act to amend
Section of, to amend, repeal, and add
Section of, and to add
Section to, the Education Code, relating to kindergarten. kindergarten Elementary education: kindergarten. Under existing law, a person between and years of age who is not exempted by law is subject to compulsory full-time education. Existing law excludes a child under years of age from the public schools, subject to specified exceptions. Existing law requires a school district maintaining a kindergarten to admit a child who will have their 5th birthday on or before September of the school year.
Existing law also requires a child who will have their 6th birthday on or before September of the school year to be admitted to the first grade of an elementary school. Existing law authorizes a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California and who is judged by the administration of the school district to be ready for first-grade work to be admitted to the first grade, as specified.
This bill would require a public elementary school, including a charter school, to ensure that a child is not admitted to the first grade unless the child has completed one year of kindergarten if the child will have their 6th birthday (1) between July 1, 2028, and September 1, 2028, inclusive, for the 2028–29 school year, (2) between May 1, 2029, and September 1, 2029, inclusive, for the 2029–30 school year, (3) between March 1, 2030, and September 1, 2030, inclusive, for the 2030–31 school year, and (4) on or before September for the 2031–32 school year and each school year thereafter, except for a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California, but has not yet completed one school year, and is judged to be ready for first-grade work, as specified.
By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1. (
a) The Legislature finds and declares all of the following:
(1) Kindergarten prepares children academically and socially for future academic success. Considerable research shows that children who attend kindergarten receive significant benefits. Achievement and opportunity gaps begin as early as kindergarten, and children who attend preschool perform better than those who do not. Kindergarten becomes even more important for children who do not attend preschool, as kindergarten is where they learn important academic and social skills before entering the first grade.
(2) In comparing the long-term outcomes of children born in states with mandatory kindergarten attendance to states with voluntary kindergarten attendance, children who attend kindergarten are more likely to go to college and earn higher wages, and are less likely to experience poverty as adults.
(3) The benefits of an increased availability of kindergarten are also substantially larger for children who are Hispanic, Black, English language learners, and from immigrant households and lower income families.
(4) A study, “Who Benefits From Kindergarten? Evidence From the Introduction of State Subsidization,” shows that children from lower income families who attend kindergarten are less likely to be below grade level throughout their academic careers and earn percent higher wages as adults. Kindergarten helps to level the playing field for children who are less likely to receive high-quality childcare or preschool. Hispanic children with access to kindergarten are also percent less likely to be below grade level for their age, and earn wages percent higher as adults.
(5) According to a study, “The Returns of an Additional Year of Schooling: The Case of State-Mandated Kindergarten,” Black and Hispanic children subjected to compulsory kindergarten experience a 5-percentage-point increase in college completion relative to White children. They also experience a nearly 7-percent increase in wages and income relative to White children. There are similar differential impacts on education and income for women. These findings are extremely important given the presence of large education and earning gaps between Hispanic, Black, and White adults, and between men and women. (
b) It is the intent of the Legislature to maintain parental choice in determining the best option for their child’s education. A parent or legal guardian of a pupil eligible for kindergarten maintains the discretion to enroll the pupil in either public school kindergarten or private school kindergarten, which includes home schooling, before enrolling the pupil in the first grade of a public elementary school. (
c) It is the intent of the Legislature that the age of compulsory education in California remain at six years of age.
SEC. 2.
Section is added to the Education Code , to read: 48001. (
a) Beginning with the 2028–29 school year, except as provided in
Section 48011, a child shall have completed one year of kindergarten in accordance with paragraph (2) of subdivision (
a) of
Section before that child may be admitted to the first grade of a public elementary school, including a charter school. (
b) It is the intent of the Legislature to, commencing with the 2028–29 school year, fund kindergarten as a mandatory grade in order to (1) ensure that all pupils have access to quality early educational opportunities to narrow the achievement gap at school entry and (2) reduce the costs of special education and other interventions required for pupils who enroll in first grade without having completed kindergarten and, as a result, do not have the necessary skills for academic success. (c)<xhtml:span class="EnSpace"/>This
section shall become operative on July 1, 2028.</xhtml:p>"?> <caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'27.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'48010.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Education Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_03259E2A-2F07-437E-BE7A-C6E17D0E21F9"><caml:Num>48010.</caml:Num><caml:LawSectionVersion id="id_986DB028-173B-410B-8A92-D326F48C0E00"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>A child shall be admitted to the first grade of a public elementary school, including a charter school, during the first month of a school year if the child will have their sixth birthday on or before one of the following dates:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>December of the 2011–12 school year.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>November of the 2012–13 school year.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>October of the 2013–14 school year.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>September of the 2014–15 school year and each school year thereafter.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>For good cause, the governing board of a school district or the governing body of a charter school may permit a child of proper age to be admitted to a class after the first school month of the school term.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>This
section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_C6556111-EF10-4A70-B991-D9A7684914BC"><caml:Num>SEC. 4.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'27.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'48010.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section is added to the <caml:DocName>Education Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_561C238D-4C17-4ADB-BA8E-E9AEDB5739D1"><caml:Num>48010.</caml:Num><caml:LawSectionVersion id="id_AF97D1D4-BF89-4102-9665-2CA7A5136A7E"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>A child shall be admitted to the first grade of a public elementary school, including a charter school, during the first month of a school year if the child has completed one year of kindergarten and will have their sixth birthday on or before one of the following dates:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>December of the 2011–12 school year.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>November of the 2012–13 school year.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>October of the 2013–14 school year.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>September of the 2014–15 school year and each school year thereafter.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>For good cause, the governing board of a school district or the governing body of a charter school may permit a child of proper age to be admitted to a class after the first school month of the school term.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>This
section shall become operative on July 1, 2028.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>
SEC. 3.
Section of the Education Code is amended to read: 48010. (a)
(1) A child shall be admitted to the first grade of a public elementary school, including a charter school, during the first month of a school year if the child will have their sixth birthday on or before September of that school year, except as provided in paragraph (2). (1)<xhtml:span class="EnSpace"/>December of the 2011–12 school year.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>November of the 2012–13 school year.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>October of the 2013–14 school year.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>September of the 2014–15 school year and each school year thereafter.</xhtml:p>"?>
(2) Notwithstanding paragraph (1), a public elementary school, including a charter school, shall ensure the following: (
A) For the 2028–29 school year, a child who will have their sixth birthday between July 1, 2028, and September 1, 2028, inclusive, shall not be admitted to the first grade unless the child has completed one year of kindergarten. (
B) For the 2029–30 school year, a child who will have their sixth birthday between May 1, 2029, and September 1, 2029, inclusive, shall not be admitted to the first grade unless the child has completed one year of kindergarten. (
C) For the 2030–31 school year, a child who will have their sixth birthday between March 1, 2030, and September 1, 2030, inclusive, shall not be admitted to the first grade unless the child has completed one year of kindergarten. (
D) For the 2031–32 school year and each school year thereafter, a child who will have their sixth birthday on or before September of that school year shall not be admitted to the first grade unless the child has completed one year of kindergarten. (
b) For good cause, the governing board of a school district may permit a child of proper age to be admitted to a class after the first school month of the school term.
SEC. 4.
Section of the Education Code is amended to read: 48011. (
a) A child who, consistent with
Section 48000, has been admitted to the kindergarten maintained by a private or a public school in California or any other state, and who has completed one school year, shall be admitted to the first grade of a public elementary school, including a charter school, unless the parent or guardian of the child and the administration of the school district or charter school agree that the child may continue in kindergarten for not more than an additional school year. (
b) A child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California and who is judged by the administration of the school district or charter school, in accordance with rules and regulations adopted by the state board, to be ready for first-grade work may be admitted to the first grade at the discretion of the school administration of the school district or charter school and with the consent of the child’s parent or guardian if the child is at least five years of age.
When a child has been legally enrolled in another public school, including a charter school, within or out of the state, the child may be admitted to school and placed in the grade of enrollment in the school of former attendance, at the discretion of the school administration of the school entered. (
c) This
section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.
SEC. 5.
Section is added to the Education Code , to read: 48011. (
a) A child who, consistent with
Section 48000, has been admitted to the kindergarten maintained by a private or a public school in California or any other state, and who has completed one school year, shall be admitted to the first grade of a public elementary school, including a charter school, unless the parent or guardian of the child and the administration of the school district or charter school agree that the child may continue in kindergarten for not more than an additional school year. (
b) A child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California, but has not yet completed one school year, and who is judged by the administration of the school district or charter school, in accordance with rules and regulations adopted by the state board, to be ready for first-grade work may be admitted to the first grade at the discretion of the administration of the school district or charter school and with the consent of the child’s parent or guardian if the child is at least five years of age.
When a child has been legally enrolled in another public school, including a charter school, within or out of the state, the child may be admitted to school and placed in the grade of enrollment in the school of former attendance, at the discretion of the school administration of the school entered. (
c) This
section shall become operative on July 1, 2028.
SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to