SB2671

SECTION 1. The legislature finds that pursuant to Act 219, Session Laws of Hawaii 2004, 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 movement of junior kindergarten and kindergarten students between tiers, except under certain circumstances;

(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 teachers with early childhood education backgrounds and experience and preschool teacher aides;

(5) Require the incorporation of the Hawaii preschool content standards for four-year olds;

(6) Appropriate funds for the implementation of a junior kindergarten program that achieves a student to teacher ratio of ten-to-one and not greater than fifteen-to-one; and

(7) Appropriate funds for a permanent educational specialist to focus on early childhood education issues.

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~~] No school [~~may~~] shall move students between junior kindergarten and kindergarten [~~as the school deems appropriate. Junior kindergarten students may graduate directly to grade one.~~], except in cases where the movement is based on appropriate assessments determined by:

(1) The professional judgment and experience of a qualified teacher with early childhood education background and experience; and

(2) The testing of a student's academic, physical, social, and emotional abilities;

provided that, beginning with the 2009-2010 school year, the department shall use successful assessment guidelines for determining a student's placement and for decision making about a student's movement.

The program shall include separate curricula for junior kindergarten and kindergarten students that is tailored to the specific needs and abilities of students in each tier. In developing the choices of curriculum for the junior kindergarten tier, the department shall incorporate the Hawaii preschool content standards for four-year olds and may review and consider the use of established preschool curricula. 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.~~] community.

(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 teachers with early childhood education backgrounds and experience and preschool teacher aides to be applied to teachers and preschool teacher aides to be hired for junior kindergartens beginning with the 2009-2010 school year. The qualifications of teachers and preschool teacher aides to be hired shall be as follows:

(1) Qualified teachers with early childhood education backgrounds and experience who are hired for junior kindergarten shall have, at a minimum, an associates degree from an accredited teacher preparation program; and

(2) Preschool teacher aides who are hired for junior kindergarten shall have, at minimum, a high school degree.

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

SECTION 3. 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, information on successful models and a plan for using appropriate assessments for placement and decision making on movement between the junior kindergarten and kindergarten tiers and first grade, and the facilities to be used for the junior kindergarten program no later than twenty days prior to the convening of the regular session of 2009.

SECTION 4. 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 2008-2009 for implementation of the junior kindergarten program as established pursuant to this Act that endeavors to achieve a student to teacher ratio of ten-to-one and not greater than fifteen-to-one.

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

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 2008-2009 for the creation of one permanent educational specialist (1.0 FTE) position, which shall:

(1) Report directly to the superintendent of education;

(2) Focus on early childhood education issues; and

(3) Be responsible for policies, curriculum, and assessments relating to kindergarten, junior kindergarten, and other pre-kindergarten programs.

The sum 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, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2671
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII