SB1130

SECTION 1. The legislature finds that pursuant to Act 219, Session Laws of Hawaii, a two-tier junior kindergarten and kindergarten program was established with the requirement that developmentally appropriate curriculum be implemented for each tier. The program to be established was intended to be flexible enough to allow junior kindergarten students who are ready to participate in kindergarten to do so and to allow students who require additional support to move from kindergarten to junior kindergarten. The department of education was tasked with assisting the schools in the development of the two-tier program with pilot strategies being encouraged during the 2005-2006 school year and full implementation being required beginning with the 2006-2007 school year.

The legislature further finds that, since the law's enactment, curriculum for the two-tier program has not been clearly established for junior kindergarteners. Instead, junior kindergarteners are being taught the kindergarten curriculum, no criteria was established for passing junior kindergartners to first grade, and junior kindergarteners are being permitted to go straight to first grade, despite the fact that they may be ill-prepared or need further support or assistance before transitioning. It was the legislature's intent to provide for a curriculum that specifically addressed the needs of junior kindergarteners, as children of ages four and five possess differing skill sets and social and emotional maturity levels.

The purpose of this Act is to:

(1) Prohibit the moving of junior kindergarten and kindergarten students between tiers;

(2) Prohibit a junior kindergartener from directly graduating to first grade;

(3) Ensure that a separate curriculum is established for the junior kindergarten program;

(4) Require the department of education to staff junior kindergartens with qualified preschool teachers and preschool teacher aides;

(5) Require the Hawaii teacher standards board to develop standards for teachers and teacher aides assigned to junior kindergarten classrooms; and

(6) Appropriate funds for the implementation of a junior kindergarten program that achieves a ten to one student ratio.

SECTION 2. Section 302A-411, Hawaii Revised Statutes, is amended to read as follows:

"§302A-411 Junior kindergarten and kindergarten program; establishment; attendance. (a) The department shall establish and maintain junior kindergartens and kindergartens with a program of instruction as a part of the public school system; provided that:

(1) Attendance shall not be mandatory; and

(2) Charter schools shall be excluded from mandatory participation in the program.

(b) The department shall establish a two-tier junior kindergarten and kindergarten program to support the range of developmental abilities of children in junior kindergarten and kindergarten. [~~Any school may move students between junior kindergarten and kindergarten as the school deems appropriate. Junior kindergarten students may graduate directly to grade one.~~] The program shall include separate curricula for junior kindergarten and kindergarten students that is narrowly tailored to the specific needs and abilities of students in each tier. In developing the curriculum for each tier, the department may review and consider the use of existing preschool curriculum. The program shall include any or all of the following models:

(1) Classrooms composed exclusively of either junior kindergarten or kindergarten students; and

(2) Coordination with public, private, or public-private entities to address the needs of junior kindergarten-eligible students within the school's community[~~; and~~

~~(3)~~ ~~The blending of junior kindergarten and kindergarten students in a single classroom~~].

(c) Beginning with the 2004-2005 school year, a child who will be at least five years of age on or before December 31 of the school year may attend a public school kindergarten. Beginning with the 2006-2007 school year, a child who will be at least five years of age on or before August 1 of the school year may attend a public school kindergarten. Beginning with the 2006-2007 school year, a child who will be at least five years of age after August 1 and before January 1 of the school year may attend a public school junior kindergarten.

(d) The department shall create the categories of qualified preschool teachers and preschool teacher aides to be applied to preschool teachers and preschool teacher aides to be hired for junior kindergartens beginning with the 2008-2009 school year. The qualifications of preschool teachers and preschool teacher aides to be hired shall be as follows:

(1) Preschool teachers who are hired for junior kindergarten shall have, at a minimum, a bachelor's degree from an accredited teacher preparation program; and

(2) Preschool teacher aides who are hired for junior kindergarten shall have, at a minimum, an associate's degree in early childhood education from an accredited program.

[~~(d)~~] (e) The department may accept gifts to establish and maintain junior kindergartens and kindergartens."

SECTION 3. Section 302A-803, Hawaii Revised Statutes, is amended to read as follows:

"§302A-803 Powers and duties of the board. In addition to establishing standards for the issuance and renewal of licenses and any other powers and duties authorized by law, the board's powers shall also include:

(1) Setting and administering its own budget;

(2) Adopting, amending, repealing, or suspending the policies, standards, or rules of the board in accordance with chapter 91;

(3) Receiving grants or donations from private foundations, and state and federal funds;

(4) Submitting an annual report to the governor and the legislature on the board's operations and from the 2007-2008 school year, submitting a summary report every five years of the board's accomplishment of objectives, efforts to improve or maintain teacher quality, and efforts to keep its operations responsive and efficient;

(5) Conducting a cyclical review of standards and suggesting revisions for their improvement;

(6) Establishing licensing fees in accordance with chapter 91, including the collection of fees by means of mandatory payroll deductions, which shall subsequently be deposited into the state treasury and credited to the Hawaii teacher standards board special fund;

(7) Establishing penalties in accordance with chapter 91;

(8) Issuing, renewing, revoking, suspending, and reinstating licenses;

(9) Reviewing reports from the department on individuals hired on an emergency basis;

(10) Applying licensing standards on a case-by-case basis and conducting licensing evaluations;

(11) Preparing and disseminating teacher licensing information to schools and operational personnel;

(12) Approving teacher preparation programs;

(13) Administering reciprocity agreements with other states relative to licensing;

(14) Conducting research and development on teacher licensure systems, beginning teacher programs, the assessment of teaching skills, and other related topics;

(15) Participating in efforts relating to teacher quality issues, conducting professional development related to the board's standards, and promotion of high teacher standards and accomplished teaching; [~~and~~]

(16) Developing standards for teachers and teacher aides assigned to a junior kindergarten classroom. In the development of the standards, the board shall consider:

(A) The existing teacher applicant pool;

(B) Requiring a bachelor's degree in elementary education with an endorsement in early childhood education for junior kindergarten teachers;

(D) Specialized preschool education training necessary for assignment to the junior kindergarten program; and

[~~(16)~~] (17) Adopting applicable rules and procedures."

SECTION 4. The department of education shall complete the planning and development of the appropriate curriculum for the junior kindergarten program and submit findings and recommendations to the legislature on the planned curriculum, the requirements established for teachers and teacher aides by the Hawaii teacher standards board, and the facilities to be used for the junior kindergarten program no later than twenty days prior to the beginning of the regular session of 2008.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for implementation of the junior kindergarten program as established pursuant to this Act that allows a student to teacher ratio of ten to one to be achieved.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1130
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII