California 2021-2022 Regular Session Status: To Executive 4 D cosponsors

SB 70 — Elementary education: kindergarten.

Last action — In Senate. Consideration of Governor's veto pending.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Under existing law, a person between the ages of 6 and 18 years who is not exempted by law is subject to compulsory full-time education. Existing law excludes a child under 6 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 1 of the school year. Existing law also requires a child who will have their 6th birthday on or before September 1 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, beginning with the 2024–25 school year, would require a child to have completed one year of kindergarten before that child may be admitted to the first grade at a public elementary school, 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, thereby imposing a state-mandated local program. (2) 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.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 33. Noes 5. Page 5225.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 59. Noes 12. Page 5942.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 11).

  10. August 3 set for first hearing. Placed on suspense file.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 15).

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  14. Referred to Com. on ED.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 32. Noes 5. Page 2820.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. Ordered to second reading.

  19. From inactive file on motion of Senator Rubio.

  20. Ordered to inactive file on request of Senator Rubio.

  21. Read second time. Ordered to third reading.

  22. Read second time and amended. Ordered to second reading.

  23. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1182.) (May 20).

  24. Set for hearing May 20.

  25. April 5 hearing: Placed on APPR suspense file.

  26. Set for hearing April 5.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 668.) (March 17). Re-referred to Com. on APPR.

  28. Set for hearing March 17.

  29. March 10 set for first hearing canceled at the request of author.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  31. Set for hearing March 10.

  32. Referred to Com. on ED.

  33. Read first time.

  34. From printer. May be acted upon on or after January 8.

  35. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 110 not signed on · 10 voted No

Sponsors (1)

Co-sponsors (11)

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB70 Rubio et al. Concurrence

Passed 33 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20201
Democratic 13000
Republican 0301
Total 33502
% of votes cast 83%13%0%5%
How each member voted (40)
Member Party Vote
Bradford — Yea
Newman — Yea
Wilk — Yea
Min — Yea
Atkins — Yea
Glazer — Yea
Borgeas — Yea
Roth — Yea
Eggman — Yea
Rubio — Yea
Kamlager — Yea
Gonzalez — Yea
Hueso — Yea
Pan — Yea
Hertzberg — Yea
Portantino — Yea
Leyva — Yea
Wieckowski — Yea
Skinner — Yea
Dodd — Yea
Nielsen — Nay
Melendez — Nay
Bates — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

SB 70 Rubio Senate Third Reading By Quirk-Silva

Passed 59 Yea · 12 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 29003
Unaffiliated 30603
Republican 0603
Total 591209
% of votes cast 74%15%0%11%
How each member voted (80)
Member Party Vote
Medina — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Smith — Nay
Voepel — Nay
Mathis — Nay
Kiley — Nay
Bigelow — Nay
Waldron — Not Voting
Wood — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Nay
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

3rd Reading SB70 Rubio et al.

Passed 32 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 19202
Republican 0301
Total 32503
% of votes cast 80%13%0%8%
How each member voted (40)
Member Party Vote
Kamlager — Yea
Bradford — Yea
Eggman — Yea
Pan — Yea
Wilk — Yea
Hueso — Yea
Atkins — Yea
Newman — Yea
Min — Yea
Borgeas — Yea
Hertzberg — Yea
Gonzalez — Yea
Rubio — Yea
Leyva — Yea
Portantino — Yea
Wieckowski — Yea
Skinner — Yea
Roth — Yea
Glazer — Yea
Nielsen — Nay
Melendez — Nay
Bates — Not Voting
Dodd — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 5000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Bradford — Yea
Bates — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does SB 70 do?
(1) Under existing law, a person between the ages of 6 and 18 years who is not exempted by law is subject to compulsory full-time education. Existing law excludes a child under 6 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 1 of the school year. Existing law also requires a child who will have their 6th birthday on or before September 1 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, beginning with the 2024–25 school year, would require a child to have completed one year of kindergarten before that child may be admitted to the first grade at a public elementary school, 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, thereby imposing a state-mandated local program. (2) 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.
Who sponsors SB 70?
SB 70 is sponsored by McCarty, Min, Aguiar-Curry, Cecilia M. (Democratic), Muratsuchi, Al (Democratic), Quirk, Rodriguez, Rubio, Blanca E. (Democratic), Santiago, Ting, Rubio, Susan (Democratic), Luz Rivas, and Cristina Garcia.
What is the current status of SB 70?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 70?
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