The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs and before school programs to pupils in middle school or junior high school who attend daily.

This bill, beginning July 1, 2017, would instead give first priority enrollment to pupils who are identified by the program as homeless youth, as defined, and pupils who are identified by the program as being in foster care, and 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill, beginning July 1, 2017, would require an after school program or a before school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill, beginning July 1, 2017, would require the administrators of a program to allow self-certification of the pupil as a homeless youth or a foster youth, and would authorize administrators to obtain this information through the school district liaison designated for homeless children, as specified.

The act provides that an after school program or a before school program is not required to charge family fees or conduct individual eligibility determinations based on need or income.

This bill, beginning July 1, 2017, would prohibit a program that charges family fees from charging a fee to a family for a child if the program knows that the child is a homeless youth or for a child who the program knows is in foster care.

This bill would incorporate additional changes to Sections 8482.6, 8483, and 8483.1 of the Education Code proposed by AB 2615 that would become operative if this bill and AB 2615 are both enacted on or before January 1, 2017, and this bill is enacted last.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs and before school programs to pupils in middle school or junior high school who attend daily.

This bill, beginning July 1, 2017, would instead give first priority enrollment to pupils who are identified by the program as homeless youth, as defined, and pupils who are identified by the program as being in foster care, and 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill, beginning July 1, 2017, would require an after school program or a before school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill, beginning July 1, 2017, would require the administrators of a program to allow self-certification of the pupil as a homeless youth or a foster youth, and would authorize administrators to obtain this information through the school district liaison designated for homeless children, as specified.

The act provides that an after school program or a before school program is not required to charge family fees or conduct individual eligibility determinations based on need or income.

This bill, beginning July 1, 2017, would prohibit a program that charges family fees from charging a fee to a family for a child if the program knows that the child is a homeless youth or for a child who the program knows is in foster care.

This bill would incorporate additional changes to Sections 8482.6, 8483, and 8483.1 of the Education Code proposed by AB 2615 that would become operative if this bill and AB 2615 are both enacted on or before January 1, 2017, and this bill is enacted last.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs and before school programs to pupils in middle school or junior high school who attend daily.

This bill, beginning July 1, 2017, would instead give first priority enrollment to pupils who are identified by the program as homeless youth, as defined, and pupils who are identified by the program as being in foster care, and 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill, beginning July 1, 2017, would require an after school program or a before school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill, beginning July 1, 2017, would require the administrators of a program to allow self-certification of the pupil as a homeless youth or a foster youth, and would authorize administrators to obtain this information through the school district liaison designated for homeless children, as specified.

The act provides that an after school program or a before school program is not required to charge family fees or conduct individual eligibility determinations based on need or income.

This bill, beginning July 1, 2017, would prohibit a program that charges family fees from charging a fee to a family for a child if the program knows that the child is a homeless youth or for a child who the program knows is in foster care.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs and before school programs to pupils in middle school or junior high school who attend daily.

This bill, beginning July 1, 2017, would instead give first priority enrollment to pupils who are identified by the program as homeless youth, as defined, and pupils who are identified by the program as being in foster care, and 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill, beginning July 1, 2017, would require an after school program or a before school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill, beginning July 1, 2017, would require the administrators of a program to allow self-certification of the pupil as a homeless youth or a foster youth, and would authorize administrators to obtain this information through the school district liaison designated for homeless children, as specified.

The act provides that an after school program or a before school program is not required to charge family fees or conduct individual eligibility determinations based on need or income.

This bill, beginning July 1, 2017, would prohibit a program that charges family fees from charging a fee to a family for a child if the program knows that the child is a homeless youth or for a child who the program knows is in foster care.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs and before school programs to pupils in middle school or junior high school who attend daily.

This bill bill, beginning July 1, 2017, would instead give first priority enrollment to pupils who are identified by the program as homeless youth, as defined, and pupils who are identified by the program as being in foster care, and 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill bill, beginning July 1, 2017, would require an after school program or a before school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill bill, beginning July 1, 2017, would require the administrators of a program to allow self-certification of the pupil as a homeless youth or a foster youth, and would authorize administrators to obtain this information through the school district liaison designated for homeless children, as specified.

The act provides that an after school and program or a before school program is not required to charge family fees or conduct individual eligibility determinations based on need or income.

This bill bill, beginning July 1, 2017, would prohibit a program that charges family fees from charging a fee to a family for a child if the program knows that the child is a homeless youth or for a child who the program knows is in foster care.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs to pupils in middle school or junior high school who attend daily.

This bill would instead give first priority enrollment to pupils who are identified by the program as homeless youth, as defined, and pupils who are identified by the program as being in foster care, and 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill would require an after school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill would authorize require the administrators of a program to verify the homeless status of a pupil allow self-certification of the pupil as a homeless youth or a foster youth, and would authorize administrators to obtain this information through the school district liaison designated for homeless children, as specified, and, if that information is not available through the school district, would require the program to allow the parent or caregiver of a pupil to verify the pupils homeless status. The bill would authorize the administrators of a program to verify that a pupil is in foster care through the school district, if that information is available, or through the foster parent of the pupil. specified.

The act provides that an after school and before school program is not required to charge family fees or conduct individual eligibility determinations based on need or income.

This bill would prohibit a program that charges family fees from charging a fee to a family for a child who if the program knows that the child is a homeless youth or for a child who the program knows is in foster care.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs to pupils in middle school or junior high school who attend daily.

This bill would instead give first priority enrollment to homeless youth, as defined, 2nd priority enrollment to pupils in CalWORKs assistance units, as described, and pupils who are in foster care, and 3rd 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill would require an after school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill would authorize the administrators of a program to verify the homeless status of a pupil through the school district liaison designated for homeless children, as specified, and, if that information is not available through the school district, would require the program to allow the parent or caregiver of a pupil to verify the pupils homeless status. The bill would authorize the administrators of a program to verify that a pupil is in foster care through the school district, if that information is available, or through the foster parent of the pupil.

The act provides that an after school and before school program is not required to charge family fees or conduct individual eligibility determination determinations based on need or income.

This bill would prohibit a program that charges family fees from charging a fee to a family for a child who is a homeless youth or who is a member of a CalWORKs assistance unit. youth or for a child who is in foster care.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in after school programs to pupils in middle school or junior high school who attend daily.

This bill would instead give first priority enrollment to homeless youth, as defined, 2nd priority enrollment to pupils in CalWORKs assistance units, as described, and 3rd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily.

The act provides that an after school and before school program is not required to charge family fees or conduct individual eligibility determination based on need or income.

This bill would prohibit a program that charges family fees from charging a fee to a family for a child who is a homeless youth or who is a member of a CalWORKs assistance unit.

The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1567

Author:(Campos)

As Amended Ver:August 17, 2016

Majority vote

Original Committee Reference: ED.

SUMMARY: Provides, beginning on July 1, 2017, homeless students and students who are in foster care priority for enrolling in before and after school programs and prohibits a program that charges family fees from charging a fee to a family of a homeless or foster care student. Specifically, this bill:

1. Prohibits a before school or after school program funded by state and federal funds from charging fees to a family for a child, if the program knows that the child is a homeless youth, or for a child who the program knows is in foster care.
2. Strikes the provision specifying that priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily, and instead establishes the following priorities for enrollment:
   1. First priority shall go to pupils who are identified by the program as homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act, at the time that they apply for enrollment or at any time during the school year, and to pupils who are identified by the program as being in foster care.
   2. For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
3. Specifies that nothing shall be construed to require a program to verify, or a school to disclose to an after school program, that a pupil applying for or participating in the program is a homeless youth or a foster youth.
4. Specifies that nothing shall be construed to require or authorize the disenrollment of a current participant in order to secure the enrollment of a pupil who has priority for enrollment.
5. Requires a program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
6. Specifies that for purposes of identifying a pupil who is eligible for priority enrollment on the basis of being homeless, the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Specifies that administrators of a program may also obtain this information through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information.
7. Expresses the intent of the Legislature that an After School Education and Safety Program (ASES) not use its core operating funds for mandatory snacks or meals, but shall instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, the School Breakfast Program, or the Child and Adult Care Food Program.
8. Makes declarations and findings regarding the benefits of the ASES program and the need to establish priority for enrollment for homeless and foster care students due to underfunding and waiting lists.

The Senate amendments add the priority enrollment and fee provisions to the Education Code sections relating to the school breakfast program and add an implementation date of July 1, 2017.

FISCAL EFFECT: According to the Senate Appropriations Committee, though this bill does not expand services, it creates a potentially significant Proposition 98 of 1988 cost pressure to the extent children whose families are currently able to pay family fees are displaced due to priority enrollment for homeless and foster youth, whose fees would be waived. This would result in forgone revenue that would have otherwise supported local programs, thereby creating cost pressures on the ASES program.

COMMENTS: The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for approximately 405,000 kindergarten through grade nine students. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Priority for funding goes to schools where at least 50% of the pupils are eligible for free or reduced-price meals. Each program is required to provide a match equal to not less than one-third of the total grant. Facilities may count towards 25% of the local contribution.

Participating after-school programs are required to have an educational and literacy component in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or sciences; and an educational enrichment component, which may include, but is not limited to, fine arts, career technical education, career exploration, recreation, physical fitness and prevention activities.

The program requires before school programs to operate one and a half hours a day and after school programs to operate after school until 6 p.m. for a minimum of 15 hours per week.

Priority for enrollment. This bill requires priority for enrollment in before and after school programs to be given to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care pupils. The author states that there is strong evidence that access to after school and summer programs increases the likelihood of success in elementary and high school, and reduces involvement in the criminal justice system, but low-income youth are unable to access these programs due to long wait lists and program fees.

Current law stipulates that priority for funding should go to programs located at schools where a minimum of 50% of the pupils are eligible for free or reduced-price meals. However, according to the California Department of Education (CDE), ASES funds are currently allocated to programs that have an average of 82% of kids eligible for free and reduced-price meals. It is possible that homeless youth and foster care pupils already make up a large portion of the pupils enrolled in ASES. If homeless youth and other low-income kids are unable to access the programs, the reason may be that there are not enough slots. Enrollment decisions are made at the local level between program administrators and the school to accommodate the needs of different communities. The only priority mentioned under current law is for middle and junior high school pupils who attend daily. Older pupils are not as interested in participating in after school programs. Prioritizing those who attend daily ensures funds are used efficiently. This bill would change this category to a second priority.

This bill allows families to self-certify that a pupil is homeless or is a foster care pupil and authorizes an ASES program to obtain this information through the school district liaison designated for homeless children.

Family fees. This bill also prohibits programs from collecting fees from homeless youth or foster care pupils. ASES programs are authorized to charge fees, but data on the number of programs that charge fees is not available because this information is not required to be reported to the CDE. According to the CDE, some programs may charge a nominal enrollment fee, while others may charge fees in order to expand access to the program.

The sponsors, the Western Center on Law and Poverty and the Children's Defense Fund – California, state, "Children who are homeless and living in deep poverty are less likely to be able to participate than children who are not experiencing these significant challenges even when compared to other children who are low-income. This is because children who are homeless or living in deep poverty are less likely to attend the same school from year-to-year and less likely to afford registration fees required by some afterschool programs. This means that children who could benefit most from having a safe and supportive place to learn and exercise, with afterschool snacks and where they are not exposed to the elements (as are children who are homeless), are less likely to be able to participate."

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0004377

 THIRD READING  

Bill No: AB 1567

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 9-0, 6/15/16

AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: California 9to5

Children’s Defense Fund – California

Western Center on Law and Poverty

DIGEST: This bill, beginning July 1, 2017, establishes first priority for enrollment in before and after school programs to students who are identified as homeless and in foster care, and prohibits programs from charging a family for a child that the program knows to be a homeless youth or a foster care youth.

Senate Floor Amendments of 8/17/16 include double-jointing provisions to avoid chaptering problems with AB 2615 (Wood).

ANALYSIS:

Existing federal law:

1. Enacts the federal McKinney-Vento Homeless Children and Youths Program which requires state educational agencies to ensure that homeless children and youth have equal access to the same free public education as is provided to other children and youth. States are required to review and undertake steps to revise any laws, regulations, practices, or policies that may act as barriers to the enrollment, attendance, or success in school of homeless children and youth. (United States Code, Title 42, § 11431, et seq.)
2. Enacts the McKinney-Vento Act which requires each local educational agency to designate a staff person as a liaison for homeless children and youth, and carry out specific duties, such as ensuring immediate enrollment, access to educational opportunities offered to other students, and providing notice of the rights of homeless youth. (USC, Title 42, § 11432(g)(1)(j)(ii))

Existing state law:

1. Establishes the After School Education and Safety (ASES) program consisting of before and after school components, serving students in grades K-9, each of which must include an educational and literacy element and an educational enrichment element. (Education Code § 8482)
2. Specifies that every student attending a school operating ASES program is eligible to participate in the program, subject to capacity. A program is not required to charge family fess or conduct eligibility determinations based on need. (EC § 8482.6)

This bill, beginning July 1, 2017, establishes first priority for enrollment in before and after school programs to students who are identified as homeless and in foster care, and prohibits programs from charging a family for a child that the program knows to be a homeless youth or a foster care youth. Specifically it:

1. Prohibits a before and after school program from charging family fees if the program knows that the child is a homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act (USC, Title 42, § 11434(a)) or knows that the child is in foster care.
2. Modifies priority for enrollment of students in before and after school programs as follows:
   1. Provides first priority to students who are identified by the program as homeless youth, as defined by federal law, and to students who are identified by the program as being in foster care.
   2. For programs serving middle or junior high school students, second priority shall go to students in middle or junior high school who attend daily. Current law establishes priority enrollment solely for students in middle or junior high school.
3. Prohibits anything in the bill’s provisions from being construed to:
   1. Require a program to verify, or a school to disclose to an after school program, that a student applying for or participating in the program is a homeless youth or a foster youth.
   2. Require or authorize the disenrollment of a current participant in order to secure the enrollment of a pupil who has priority for enrollment.
4. Requires a program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
5. Requires program administrators to allow a student to self-certify as a homeless youth or foster care youth, for purposes of identifying a student who is eligible for priority enrollment. Specifies that administrators of a program may also obtain this information through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information.
6. Expresses the intent of the Legislature that an ASES program not use its core operating funds for mandatory snacks or meals, but instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, School Breakfast Program, or the Child and Adult Care Food Program.
7. Includes double-jointing provisions to avoid chaptering problems with AB 2615 (Wood).

Comments

1. Need for the bill. According to the United States Department of Education, 4 percent of California’s students (284,086) were known to have experienced homelessness at some point during the 2013-2014 school year. According to the author, California’s after school programs offer quality learning and development opportunities that can make a difference for all the children they serve but especially for low-income children. The author asserts that some of the poorest and most vulnerable children do not have access to the programs because they are unable to secure a spot on the waiting list or to pay the minimal fee required by some programs. This bill seeks to ensure that state funded afterschool programs are available to the neediest of children by giving priority access and waving fees for homeless or foster care youth.
2. After School Education and Safety (ASES) program. The ASES Program is the result of the 2002 voter-approved initiative, Proposition 49. The program funds the establishment of local before and after school education and enrichment programs. These programs are created through partnerships between schools and local community resources to provide literacy, academic enrichment and safe constructive alternatives for students in kindergarten through ninth grade (K-9). A nutritious snack is provided daily to students participating in the program. The snack provided must meet specified state or federal standards. The current funding level for the ASES program is $550 million. This bill provides priority for enrollment in before and after school programs to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care students.
3. Family fees. As written, this bill prohibits a before and after school program from charging family fees for services provided to a homeless or foster care youth. The bill allows families to self-certify that a student is homeless or is a foster care student and authorizes an ASES program to obtain this information through the school district liaison designated for homeless children.

Current law does not require ASES programs to charge family fees or to conduct individual eligibility determinations based on need or income. It appears that ASES programs have the ability to charge family fees; however, it is unlikely that many programs charge fees, or reap significant fees, as ASES programs serve schools where a minimum of 50% of the students are eligible for free- or reduced-price meals, and funding priority is given to programs serving the highest percentages of students who are eligible for free and reduced-price meals. Given the current nature of the program and its focus on low income families these provisions are consistent with the program’s operations and policies.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Committee on Appropriation, this bill would impose to the following costs:

• Though this bill does not expand services, it creates a potentially significant Proposition 98 cost pressure to the extent children whose families are currently able to pay family fees are displaced due to priority enrollment for homeless and foster youth, whose fees would be waived. This would result in forgone revenue that would have otherwise supported local programs, thereby creating cost pressures on the After School Education and Safety program.

SUPPORT: (Verified 8/12/16)

California 9to5 (co-source)

Children’s Defense Fund - California (co-source)

Western Law Center on Law and Poverty (co-source)

California Food Policy Advocates

Hunger Action Los Angeles

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/18/16 16:50:30

**** END ****

 THIRD READING  

Bill No: AB 1567

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 9-0, 6/15/16

AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: California 9to5

Children’s Defense Fund – California

Western Center on Law and Poverty

DIGEST: This bill, beginning July 1, 2017, establishes first priority for enrollment in before and after school programs to students who are identified as homeless and in foster care, and prohibits programs from charging a family for a child that the program knows to be a homeless youth or a foster care youth

ANALYSIS:

Existing federal law:

1. Enacts the federal McKinney-Vento Homeless Children and Youths Program which requires state educational agencies to ensure that homeless children and youth have equal access to the same free public education as is provided to other children and youth. States are required to review and undertake steps to revise any laws, regulations, practices, or policies that may act as barriers to the enrollment, attendance, or success in school of homeless children and youth. (United States Code, Title 42, § 11431, et seq.)
2. Enacts the McKinney-Vento Act which requires each local educational agency to designate a staff person as a liaison for homeless children and youth, and carry out specific duties, such as ensuring immediate enrollment, access to educational opportunities offered to other students, and providing notice of the rights of homeless youth. (USC, Title 42, § 11432(g)(1)(j)(ii))

Existing state law:

1. Establishes the After School Education and Safety (ASES) program consisting of before and after school components, serving students in grades K-9, each of which must include an educational and literacy element and an educational enrichment element. (Education Code § 8482)
2. Specifies that every student attending a school operating ASES program is eligible to participate in the program, subject to capacity. A program is not required to charge family fess or conduct eligibility determinations based on need. (EC § 8482.6)

This bill, beginning July 1, 2017, establishes first priority for enrollment in before and after school programs to students who are identified as homeless and in foster care, and prohibits programs from charging a family for a child that the program knows to be a homeless youth or a foster care youth. Specifically it:

1. Prohibits a before and after school program from charging family fees if the program knows that the child is a homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act (USC, Title 42, § 11434(a)) or knows that the child is in foster care.
2. Modifies priority for enrollment of students in before and after school programs as follows:
   1. Provides first priority to students who are identified by the program as homeless youth, as defined by federal law, and to students who are identified by the program as being in foster care.
   2. For programs serving middle or junior high school students, second priority shall go to students in middle or junior high school who attend daily. Current law establishes priority enrollment solely for students in middle or junior high school.
3. Prohibits anything in the bill’s provisions from being construed to:
   1. Require a program to verify, or a school to disclose to an after school program, that a student applying for or participating in the program is a homeless youth or a foster youth.
   2. Require or authorize the disenrollment of a current participant in order to secure the enrollment of a pupil who has priority for enrollment.
4. Requires a program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
5. Requires program administrators to allow a student to self-certify as a homeless youth or foster care youth, for purposes of identifying a student who is eligible for priority enrollment. Specifies that administrators of a program may also obtain this information through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information.
6. Expresses the intent of the Legislature that an ASES program not use its core operating funds for mandatory snacks or meals, but instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, School Breakfast Program, or the Child and Adult Care Food Program.

Comments

1. Need for the bill. According to the United States Department of Education, 4 percent of California’s students (284,086) were known to have experienced homelessness at some point during the 2013-2014 school year. According to the author, California’s after school programs offer quality learning and development opportunities that can make a difference for all the children they serve but especially for low-income children. The author asserts that some of the poorest and most vulnerable children do not have access to the programs because they are unable to secure a spot on the waiting list or to pay the minimal fee required by some programs. This bill seeks to ensure that state funded afterschool programs are available to the neediest of children by giving priority access and waving fees for homeless or foster care youth.
2. After School Education and Safety (ASES) program. The ASES Program is the result of the 2002 voter-approved initiative, Proposition 49. The program funds the establishment of local before and after school education and enrichment programs. These programs are created through partnerships between schools and local community resources to provide literacy, academic enrichment and safe constructive alternatives for students in kindergarten through ninth grade (K-9). A nutritious snack is provided daily to students participating in the program. The snack provided must meet specified state or federal standards. The current funding level for the ASES program is $550 million. This bill provides priority for enrollment in before and after school programs to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care students.
3. Family fees. As written, this bill prohibits a before and after school program from charging family fees for services provided to a homeless or foster care youth. The bill allows families to self-certify that a student is homeless or is a foster care student and authorizes an ASES program to obtain this information through the school district liaison designated for homeless children.

Current law does not require ASES programs to charge family fees or to conduct individual eligibility determinations based on need or income. It appears that ASES programs have the ability to charge family fees; however, it is unlikely that many programs charge fees, or reap significant fees, as ASES programs serve schools where a minimum of 50% of the students are eligible for free- or reduced-price meals, and funding priority is given to programs serving the highest percentages of students who are eligible for free and reduced-price meals. Given the current nature of the program and its focus on low income families these provisions are consistent with the program’s operations and policies.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Committee on Appropriation, this bill would impose to the following costs:

• Though this bill does not expand services, it creates a potentially significant Proposition 98 cost pressure to the extent children whose families are currently able to pay family fees are displaced due to priority enrollment for homeless and foster youth, whose fees would be waived. This would result in forgone revenue that would have otherwise supported local programs, thereby creating cost pressures on the After School Education and Safety program.

SUPPORT: (Verified 8/12/16)

California 9to5 (co-source)

Children’s Defense Fund - California (co-source)

Western Law Center on Law and Poverty (co-source)

California Food Policy Advocates

Hunger Action Los Angeles

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/15/16 19:47:19

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1567 (Campos) - Before and after school programs: enrollment: fees: homeless and foster youth: snacks or meals

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

Bill Summary:

Beginning July 1, 2017, this bill: (1) establishes first priority for enrollment in before and after school programs to be students who are identified as homeless and in foster care, and (2) prohibits programs from charging a family for a child that the program knows to be a homeless youth or a foster care youth.

Fiscal Impact:

• Though this bill does not expand services, it creates a potentially significant Proposition 98 cost pressure to the extent children whose families are currently able to pay family fees are displaced due to priority enrollment for homeless and foster youth, whose fees would be waived. This would result in forgone revenue that would have otherwise supported local programs, thereby creating cost pressures on the After School Education and Safety program.

Author Amendments:

Amends legislative intent to include the School Breakfast Program to the list of federally funded programs for which after school programs seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1567 (Campos) - Before and after school programs: enrollment: fees: homeless and foster youth: snacks or meals

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

Beginning July 1, 2017, this bill: (1) establishes first priority for enrollment in before and after school programs to be students who are identified as homeless and in foster care, and (2) prohibits programs from charging a family for a child that the program knows to be a homeless youth or a foster care youth.

Fiscal Impact:

• Though this bill does not expand services, it creates a potentially significant Proposition 98 cost pressure to the extent children whose families are currently able to pay family fees are displaced due to priority enrollment for homeless and foster youth, whose fees would be waived. This would result in forgone revenue that would have otherwise supported local programs, thereby creating cost pressures on the After School Education and Safety (ASES) program. See staff comments.

Background:

Existing law establishes the ASES program, a three year grant program, to create incentives for establishing locally driven before and after school enrichment programs that partner with public schools and communities to provide academic and literacy support and safe, constructive alternatives for youth. The ASES program serves students in kindergarten and grades 1 through 9. Local educational agencies (LEAs) may operate a before school component of a program, an after school component, or both, on one or multiple school sites. (Education Code § 8482 and 8482.3)

Existing law specifies that every student attending a school operating an ASES program is eligible to participate in the program, subject to capacity. Priority for funding is required to be given to schools where a minimum of 50 percent of the students in elementary schools and 50 percent of the students in middle and junior high schools are eligible for free or reduced cost meals through the school lunch program of the United States Department of Agriculture. A program is not required to charge family fees or conduct eligibility determinations based on need. Existing law continuously appropriates to the California Department of Education (CDE) $550 million from the General Fund for the ASES program. (EC § 8482.6, 8482.5, and 8483.5)

The federal McKinney-Vento Education for Homeless Children and Youths Program requires state educational agencies to ensure that homeless children and youth have equal access to the same free public education as is provided to other children and youth. States are required to review and take steps to revise any laws, regulations, practices, or policies that may act as barriers to the enrollment, attendance, or success in school of homeless children and youth. (United States Code, Title 42, § 11431, et seq.)

Proposed Law:

Beginning July 1, 2017, this bill:

• Requires that if an ASES program charges family fees, it is prohibited from charging a family for a child that the program knows to be a homeless youth or a foster care youth;
• Establishes first priority for enrollment in before and after school programs to be students who are identified as homeless and in foster care;
• Establishes second priority for programs serving middle and junior high school students to students who attend daily;
• Requires a program to inform the parent or caregiver of the right of homeless children and foster children to receive priority enrollment and how to make a request; and
• Requires program administrators to allow self-certification of a student for purposes of identifying a student who is eligible for priority enrollment.

This bill provides that nothing in it be construed to require a program to verify, or a school district to disclose to an after school program, that a student applying for or participating in the program is a homeless youth or a foster youth. Administrators may obtain this information through the school district liaison designated for homeless children if the school district has the appropriate waiver.

Finally, this bill provides legislative intent that an ASES program be prohibited from using its core operating funds for mandatory snacks or meals, but be required to instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, or the Child and Adult Care Food Program.

Related Legislation:

AB 2615 (Wood, 2016) among other things, requires programs that charge family fees to waive or reduce the cost of these fees for students who are eligible for free or reduced-price meals. This bill prohibits, if a program charges family fees, charging a family for a child if it is known that the child is a homeless youth or is in foster care. AB 2615 is pending in this committee.

AB 1426 (Cooper) increases the per-student daily and weekly rates for ASES. AB 1426 is pending in this committee.

Staff Comments:

According to the author, some of the poorest and most vulnerable children do not have access to ASES programs because they are unable to secure a spot on the waiting list or to pay the minimal fee required by some programs. This bill seeks to ensure that state funded after school programs are available to the neediest of children by giving priority access and waiving fees for homeless or foster care youth.

Priority for ASES funding is provided for schools that have a minimum of 50 percent of students that are eligible for free- or reduced-price meals, and funding priority is given to programs serving the highest percentages of students eligible for those meals. Though the intent of the program is to not deny a child access to an ASES program due to inability to pay, programs may still charge family fees. There are a number of payment structures that programs employ such as donations, sliding scale fees depending upon family income, and flat fees with scholarships available. Some programs do not charge fees at all. However, some programs use the revenue to help meet the required local match of one-third of the total grant they receive.

This bill provides that if an ASES program charges family fees, it is prohibited from charging a family for a child that it knows to be a homeless youth or a foster care youth. Because funding is capped at the $550 million annual appropriation, some programs may have waitlists or limited slots in their programs. Providing priority enrollment and family fee waivers to homeless and foster youth will likely displace other participants who may be able to afford the fee which would be used to support the program. For example at Lake County Office of Education, family fees range from $25 to $100 per month based on income level. To the extent 10 students in the highest income bracket are displaced by this priority enrollment, the program could lose $10,000 over the course of the school year. The maximum grant level for middle or junior high schools is $150,000. However, the priority enrollment ensures that some of the most disadvantaged are served first.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 1567

Subject: After school programs: enrollment: fees: homeless youth: snacks or meals

SUMMARY

This bill provides priority enrollment for homeless and foster care youth priority after school programs and prohibits a before and after program from charging family fees for a child that the program knows to be a homeless or foster care youth.

BACKGROUND

1. Establishes the After School Education and Safety (ASES) program consisting of before and after school components, serving students in grades K-9, each of which must include an educational and literacy element and an educational enrichment element. (Education Code § 8482)
2. Specifies that every student attending a school operating ASES program is eligible to participate in the program, subject to capacity. A program is not required to charge family fess or conduct eligibility determinations based on need. (EC § 8482.6)
3. The federal McKinney-Vento Homeless Children and Youths Program requires state educational agencies to ensure that homeless children and youth have equal access to the same free public education as is provided to other children and youth. States are required to review and undertake steps to revise any laws, regulations, practices, or policies that may act as barriers to the enrollment, attendance, or success in school of homeless children and youth.

(United States Code, Title 42, § 11431, et seq.)

1. The McKinney-Vento Act requires each local educational agency to designate a staff person as a liaison for homeless children and youth, and carry out specific duties, such as ensuring immediate enrollment, access to educational opportunities offered to other students, and providing notice of the rights of homeless youth. (USC, Title 42, § 11432(g)(1)(j)(ii))

ANALYSIS

This bill provides priority enrollment for homeless and foster care youth priority after school programs and prohibits a before and after program from charging family fees for a child that the program knows to be a homeless or foster care youth. Specifically it:

1. Prohibits a before and after school program from charging family fees if the program knows that the child is a homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act (USC, Title 42, § 11434(a)) or knows that the child is in foster care.
2. Modifies priority for enrollment of students in after school programs as follows:
   1. Provides first priority to students who are identified by the program as homeless youth, as defined by federal law, and to students who are identified by the program as being in foster care.
   2. For programs serving middle or junior high school students, second priority shall go to students in middle or junior high school who attend daily. Current law establishes priority enrollment solely for students in middle or junior high school.
3. Prohibits anything in the bill’s provisions from being construed to:
   1. Require a program to verify, or a school to disclose to an after school

program, that a pupil applying for or participating in the program is a

homeless youth or a foster youth.

• 1. Require or authorize the disenrollment of a current participant in order to

secure the enrollment of a pupil who has priority for enrollment.

1. Requires a program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
2. Requires program administrators to allow a student to self-certify as a homeless youth or foster care youth, for purposes of identifying a student who is eligible for priority enrollment. Specifies that administrators of a program may also obtain this information through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information.
3. Expresses the intent of the Legislature that an After School Education and Safety program not use its core operating funds for mandatory snacks or meals, but instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, or the Child and Adult Care Food Program.

STAFF COMMENTS

1. Need for the bill. According to the United States Department of Education, 4 percent of California’s students (284,086) were known to have experienced homelessness at some point during the 2013-2014 school year. According to the author, California’s after school programs offer quality learning and development opportunities that can make a difference for all the children they serve but especially for low-income children. The author asserts that some of the poorest and most vulnerable children do not have access to the programs because they are unable to secure a spot on the waiting list or to pay the minimal fee required by some programs. This bill seeks to ensure that state funded afterschool programs are available to the neediest of children by giving priority access and waving fees for homeless or foster care youth.
2. After School Education and Safety (ASES) program. The ASES Program is the result of the 2002 voter-approved initiative, Proposition 49. The program funds the establishment of local before and after school education and enrichment programs. These programs are created through partnerships between schools and local community resources to provide literacy, academic enrichment and safe constructive alternatives for students in kindergarten through ninth grade (K-9). A nutritious snack is provided daily to students participating in the program. The snack provided must meet specified state or federal standards. The current funding level for the ASES program is $550 million. This bill provides priority for enrollment in before and after school programs to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care students. Staff notes, that state subsidized child care programs also extend priority to homeless families and children who have been neglected or abused.

As mentioned, the ASES program consisting of before and after school components. As currently drafted, it appears that this bill’s provisions solely apply to after school and not the before school component of the ASES program. For consistency purposes, staff recommends that the bill be amended to include the before school component.

Additionally to prevent disruption to program activity mid-year and consistent with the author’s request, staff recommends an amendment making the provisions of this bill effective at the beginning of the 2017-18 school year, rather than January 1, 2017.

1. Family fees. As written, this bill prohibits a before and after school program from charging family fees for services provided to a homeless or foster care youth. The bill allows families to self-certify that a student is homeless or is a foster care student and authorizes an ASES program to obtain this information through the school district liaison designated for homeless children.

Current law does not require ASES programs to charge family fees or to conduct individual eligibility determinations based on need or income. It appears that ASES programs have the ability to charge family fees; however, it is unlikely that many programs charge fees, or reap significant fees, as ASES programs serve schools where a minimum of 50% of the students are eligible for free- or reduced-price meals, and funding priority is given to programs serving the highest percentages of students who are eligible for free and reduced-price meals. Given the current nature of the program and its focus on low income families these provisions are consistent with the program’s operations and policies.

SUPPORT

California Catholic Conference, Inc.

Junior Leagues of California State Public Affairs Committee

National Association of Social Workers

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1567

Author:(Campos)

As Amended Ver:May 27, 2016

Majority vote

SUMMARY: Provides homeless students and students who are in foster care priority for enrolling in before and after school programs and prohibits a program that charges family fees from charging a fee to a family of a homeless or foster care student. Specifically, this bill:

1. Prohibits a before school or after school program funded by state and federal funds from charging fees to a family for a child, if the program knows that the child is a homeless youth, or for a child who the program knows is in foster care.
2. Strikes the provision specifying that priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily, and instead establishes the following priorities for enrollment:
   1. First priority shall go to pupils who are identified by the program as homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act, at the time that they apply for enrollment or at any time during the school year, and to pupils who are identified by the program as being in foster care.
   2. For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
3. Specifies that nothing shall be construed to require a program to verify, or a school to disclose to an after school program, that a pupil applying for or participating in the program is a homeless youth or a foster youth.
4. Specifies that nothing shall be construed to require or authorize the disenrollment of a current participant in order to secure the enrollment of a pupil who has priority for enrollment.
5. Requires a program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
6. Specifies that for purposes of identifying a pupil who is eligible for priority enrollment on the basis of being homeless, the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Specifies that administrators of a program may also obtain this information through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information.
7. Expresses the intent of the Legislature that an After School Education and Safety Program (ASES) not use its core operating funds for mandatory snacks or meals, but shall instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, or the Child and Adult Care Food Program.
8. Makes declarations and findings regarding the benefits of the ASES program and the need to establish priority for enrollment for homeless and foster care students due to underfunding and waiting lists.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown costs, likely less than $100,000, for after school program grantees to revise program applications to allow self-certification.

COMMENTS: The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for approximately 405,000 kindergarten through grade 9 students. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Priority for funding goes to schools where at least 50% of the pupils are eligible for free or reduced-price meals. Each program is required to provide a match equal to not less than one-third of the total grant. Facilities may count towards 25% of the local contribution.

Participating after-school programs are required to have an educational and literacy component in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or sciences; and an educational enrichment component, which may include, but is not limited to, fine arts, career technical education, career exploration, recreation, physical fitness and prevention activities.

The program requires before school programs to operate one and a half hours a day and after school programs to operate after school until 6 p.m. for a minimum of 15 hours per week.

Priority for enrollment. This bill requires priority for enrollment in before and after school programs to be given to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care pupils. The author states that there is strong evidence that access to after school and summer programs increases the likelihood of success in elementary and high school, and reduces involvement in the criminal justice system, but low-income youth are unable to access these programs due to long wait lists and program fees.

Current law stipulates that priority for funding should go to programs located at schools where a minimum of 50% of the pupils are eligible for free or reduced-price meals. However, according to the California Department of Education (CDE), ASES funds are currently allocated to programs that have an average of 82% of kids eligible for free and reduced-price meals. It is possible that homeless youth and foster care pupils already make up a large portion of the pupils enrolled in ASES. If homeless youth and other low-income kids are unable to access the programs, the reason may be that there are not enough slots. Enrollment decisions are made at the local level between program administrators and the school to accommodate the needs of different communities. The only priority mentioned under current law is for middle and junior high school pupils who attend daily. Older pupils are not as interested in participating in after school programs. Prioritizing those who attend daily ensures funds are used efficiently. This bill would change this category to a second priority.

The bill allows families to self-certify that a pupil is homeless or is a foster care pupil and authorizes an ASES program to obtain this information through the school district liaison designated for homeless children.

Family fees. This bill also prohibits programs from collecting fees from homeless youth or foster care pupils. ASES programs are authorized to charge fees, but data on the number of programs that charge fees is not available because this information is not required to be reported to the CDE. According to the CDE, some programs may charge a nominal enrollment fee, while others may charge fees in order to expand access to the program.

The sponsors, the Western Center on Law and Poverty and the Children's Defense Fund – California, state, "Children who are homeless and living in deep poverty are less likely to be able to participate than children who are not experiencing these significant challenges even when compared to other children who are low-income. This is because children who are homeless or living in deep poverty are less likely to attend the same school from year-to-year and less likely to afford registration fees required by some afterschool programs. This means that children who could benefit most from having a safe and supportive place to learn and exercise, with afterschool snacks and where they are not exposed to the elements (as are children who are homeless), are less likely to be able to participate."

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0003293

ASSEMBLY THIRD READING

ATR Bill Id:AB 1567

Author:(Campos)

As Amended Ver:May 27, 2016

Majority vote

SUMMARY: Provides homeless students and students who are in foster care priority for enrolling in before and after school programs and prohibits a program that charges family fees from charging a fee to a family of a homeless or foster care student. Specifically, this bill:

1. Prohibits a before school or after school program funded by state and federal funds from charging fees to a family for a child, if the program knows that the child is a homeless youth, or for a child who the program knows is in foster care.
2. Strikes the provision specifying that priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily, and instead establishes the following priorities for enrollment:
   1. First priority shall go to pupils who are identified by the program as homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act, at the time that they apply for enrollment or at any time during the school year, and to pupils who are identified by the program as being in foster care.
   2. For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
3. Specifies that nothing shall be construed to require a program to verify, or a school to disclose to an after school program, that a pupil applying for or participating in the program is a homeless youth or a foster youth.
4. Specifies that nothing shall be construed to require or authorize the disenrollment of a current participant in order to secure the enrollment of a pupil who has priority for enrollment.
5. Requires a program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
6. Specifies that for purposes of identifying a pupil who is eligible for priority enrollment on the basis of being homeless, the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Specifies that administrators of a program may also obtain this information through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information.
7. Expresses the intent of the Legislature that an After School Education and Safety Program (ASES) not use its core operating funds for mandatory snacks or meals, but shall instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, or the Child and Adult Care Food Program.
8. Makes declarations and findings regarding the benefits of the ASES program and the need to establish priority for enrollment for homeless and foster care students due to underfunding and waiting lists.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown costs, likely less than $100,000, for after school program grantees to revise program applications to allow self-certification.

COMMENTS: The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for approximately 405,000 kindergarten through grade 9 students. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Priority for funding goes to schools where at least 50% of the pupils are eligible for free or reduced-price meals. Each program is required to provide a match equal to not less than one-third of the total grant. Facilities may count towards 25% of the local contribution.

Participating after-school programs are required to have an educational and literacy component in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or sciences; and an educational enrichment component, which may include, but is not limited to, fine arts, career technical education, career exploration, recreation, physical fitness and prevention activities.

The program requires before school programs to operate one and a half hours a day and after school programs to operate after school until 6 p.m. for a minimum of 15 hours per week.

Priority for enrollment. This bill requires priority for enrollment in before and after school programs to be given to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care pupils. The author states that there is strong evidence that access to after school and summer programs increases the likelihood of success in elementary and high school, and reduces involvement in the criminal justice system, but low-income youth are unable to access these programs due to long wait lists and program fees.

Current law stipulates that priority for funding should go to programs located at schools where a minimum of 50% of the pupils are eligible for free or reduced-price meals. However, according to the California Department of Education (CDE), ASES funds are currently allocated to programs that have an average of 82% of kids eligible for free and reduced-price meals. It is possible that homeless youth and foster care pupils already make up a large portion of the pupils enrolled in ASES. If homeless youth and other low-income kids are unable to access the programs, the reason may be that there are not enough slots. Enrollment decisions are made at the local level between program administrators and the school to accommodate the needs of different communities. The only priority mentioned under current law is for middle and junior high school pupils who attend daily. Older pupils are not as interested in participating in after school programs. Prioritizing those who attend daily ensures funds are used efficiently. This bill would change this category to a second priority.

The bill allows families to self-certify that a pupil is homeless or is a foster care pupil and authorizes an ASES program to obtain this information through the school district liaison designated for homeless children.

Family fees. This bill also prohibits programs from collecting fees from homeless youth or foster care pupils. ASES programs are authorized to charge fees, but data on the number of programs that charge fees is not available because this information is not required to be reported to the CDE. According to the CDE, some programs may charge a nominal enrollment fee, while others may charge fees in order to expand access to the program.

The sponsors, the Western Center on Law and Poverty and the Children's Defense Fund – California, state, "Children who are homeless and living in deep poverty are less likely to be able to participate than children who are not experiencing these significant challenges even when compared to other children who are low-income. This is because children who are homeless or living in deep poverty are less likely to attend the same school from year-to-year and less likely to afford registration fees required by some afterschool programs. This means that children who could benefit most from having a safe and supportive place to learn and exercise, with afterschool snacks and where they are not exposed to the elements (as are children who are homeless), are less likely to be able to participate."

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0003293

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1567

Author:(Campos) – As Amended Ver:March 29, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill provides homeless students and students who are in foster care priority for enrolling in before and after school programs and prohibits a program that charges family fees from charging a fee to a family of a homeless or foster care student. Specifically, this bill:

1. Prohibits a before school or after school program funded by state and federal funds from charging family fees to a family with a child who is identified as a homeless youth or for a child who is in foster care, if the program charges a fee.
2. Gives first priority for enrollment in programs to homeless students and students in foster care. With regard to programs serving middle school students, shifts first priority from daily attendance to students that are homeless or in foster youth.
3. Requires a program to inform the parent or caregiver of a student of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
4. Specifies that for purposes of identifying a pupil who is eligible for priority enrollment on the basis of being homeless, the administrators of a program may verify the homeless status of a pupil through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information. If that information is not available through the school district, the program must allow the parent or caregiver of the pupil to verify the homeless status of the pupil.
5. Specifies that for purposes of identifying a pupil who is eligible for priority enrollment on the basis of being in foster care, the administrators of a program may verify that a pupil is in foster care through the school district, if that information is available, or through the foster parent of the pupil who is enrolling in the program or requesting placement on a program waiting list.
6. Expresses the intent of the Legislature that an ASES program not use its core operating funds for mandatory snacks or meals, but instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, or the Child and Adult Care Food Program.

FISCAL EFFECT:

1. Proposition 98/GF cost pressure, potentially in the hundreds of thousands, to provide additional administrative support to After School Education and Safety (ASES) Program and 21^st Century after school program grantees. ASES and 21^st Century administrators will need to revise and produce new program applications. Programs will also need to develop procedures and train staff on the identification and verification of homeless and foster youth status. Many ASES programs are run by subcontractors, not school districts, which may present a challenge for some programs to verify student status.

There are approximately 4,490 programs that serve roughly 400,000 kindergarten through grade 9 students. The state provides a continuous appropriation of $550 million for before and after school programs. Legislation pending in this committee [AB 2663 (Cooper)] seeks to expand this funding by $73.2 million on an annual basis due to rising program costs and increased program demands.

COMMENTS:

1. Purpose. This bill requires priority for enrollment in before and after school programs to be given to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care students. The author states that there is strong evidence that access to after school and summer programs increases the likelihood of success in elementary and high school, and reduces involvement in the criminal justice system, but low-income youth are unable to access these programs due to long wait lists and program fees.

This bill also prohibits programs from collecting fees from homeless youth or foster care pupils. According to the sponsor, the Western Center on Law and Poverty and the Children's Defense Fund – California, children who are homeless or living in deep poverty are less likely to attend the same school from year-to-year and less likely to afford registration fees required by some afterschool programs. This means that children who could benefit most from having a safe and supportive place to learn and exercise, with afterschool snacks, are less likely to be able to participate.

According to the California Homeless Youth Project, there were approximately 270,000 homeless students in California during the 2012-13 school year. There are approximately 40,000 foster youth in California.

1. Family fees. ASES programs are authorized to charge fees, but data on the number of programs that charge fees is not available because this information is not required to be reported to the California Department of Education (CDE). According to the CDE, some programs may charge a nominal enrollment fee, while others may charge fees in order to expand access to the program.
2. Federal meal program. This bill expresses the intent of the Legislature that programs not use core operating funds for snacks and meals and instead seek to qualify program sites as approved distribution sites for federally funded meal programs. The goal of the sponsors is to increase access to federally funded meal programs, such as the Free and Reduced Price Meal program or the Child and Adult Care Food Program. The sponsors state that tapping into federal funds specifically for food would free up funds for after school enrichment activities and enable students to have an early dinner.

According to CDE, many after school programs are already on a federally reimbursable meal program, the National School Lunch Program (NSLP) (snack only) or the Child and Adult Care Food Program (CACFP) (snack and/or supper).

1. Prior legislation. AB 891 (Campos) of 2015 contained three proposals related to homeless and low-income children. This bill is substantially similar to one of the three proposals. One difference between the bills is that AB 891 required priority for homeless youth and pupils whose families qualify for CalWORKs assistance while this bill requires priority for homeless and foster care youth. This bill was held in this committee’s Suspense file.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: April 13, 2016

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1567 (

Author:Campos) – As Amended Ver:March 29, 2016

SUBJECT: After school programs: enrollment: fees

SUMMARY: Provides homeless students and students who are in foster care priority for enrolling in before and after school programs and prohibits a program that charges family fees from charging a fee to a family of a homeless or foster care student. Specifically, this bill:

1. Prohibits a before school or after school program funded by state and federal funds from charging family fees to a family with a child who is identified as a homeless youth or for a child who is in foster care, if the program charges a fee.
2. Strikes the provision specifying that priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily, and instead establishes the following priorities for enrollment:
   1. First priority shall go to pupils who are identified as homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act, at the time that they apply for enrollment or at any time during the school year, and to pupils who are in foster care.
   2. For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
3. Requires a program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment.
4. Specifies that for purposes of identifying a pupil who is eligible for priority enrollment on the basis of being homeless, the administrators of a program may verify the homeless status of a pupil through the school district liaison designated for homeless children, provided that the school district has a waiver on file allowing for the release of this information. If that information is not available through the school district, the program shall allow the parent or caregiver of the pupil who is enrolling in the program or requesting placement on a program waiting list to verify the homeless status of the pupil.
5. Specifies that for purposes of identifying a pupil who is eligible for priority enrollment on the basis of being in foster care, the administrators of a program may verify that a pupil is in foster care through the school district, if that information is available, or through the foster parent of the pupil who is enrolling in the program or requesting placement on a program waiting list.
6. Expresses the intent of the Legislature that an ASES program not use its core operating funds for mandatory snacks or meals, but shall instead seek to qualify program sites as approved distribution sites for federally funded after school snacks or meals provided for by the National School Lunch Program, the Summer Food Service Program, or the Child and Adult Care Food Program.
7. Makes declarations and findings regarding the benefits of the ASES program and the need to establish priority for enrollment for homeless and foster care students due to underfunding and waiting lists.

EXISTING LAW: Establishes the ASES program through the 2002 voter approved initiative, Proposition 49. The ASES program funds the establishment of local after school education and enrichment programs, which are created through partnerships between schools and local community resources to provide literacy, academic enrichment and safe constructive alternatives for students in kindergarten through ninth grade (Education Code Section 8482).

FISCAL EFFECT: Unknown

COMMENTS: After School Education and Safety Program (ASES). The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for approximately 405,000 kindergarten through grade 9 students. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Priority for funding goes to schools where at least 50% of the pupils are eligible for free or reduced-price meals. Each program is required to provide a match equal to not less than one-third of the total grant. Facilities may count towards 25% of the local contribution.

Participating after-school programs are required to have an educational and literacy component in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or sciences; and an educational enrichment component, which may include, but is not limited to, fine arts, career technical education, career exploration, recreation, physical fitness and prevention activities.

The program requires before school programs to operate one and a half hours a day and after school programs to operate after school until 6 p.m. for a minimum of 15 hours per week.

Priority for enrollment. This bill requires priority for enrollment in before and after school programs to be given to homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act, and to foster care pupils. The author states that there is strong evidence that access to after school and summer programs increases the likelihood of success in elementary and high school, and reduces involvement in the criminal justice system, but low-income youth are unable to access these programs due to long wait lists and program fees.

Current law stipulates that priority for funding should go to programs located at schools where a minimum of 50% of the pupils are eligible for free or reduced-price meals. However, according to the California Department of Education (CDE), ASES funds are currently allocated to programs that have an average of 82% of kids eligible for free and reduced-price meals. It is possible that homeless youth and foster care pupils already make up a large portion of the pupils enrolled in ASES. If homeless youth and other low-income kids are unable to access the programs, the reason may be that there are not enough slots. Enrollment decisions are made at the local level between program administrators and the school to accommodate the needs of different communities. The only priority mentioned under current law is for middle and junior high school pupils who attend daily. Older pupils are not as interested in participating in after school programs. Prioritizing those who attend daily ensures funds are used efficiently. This bill would change this to a second priority.

The bill authorizes an ASES program to verify the homeless status of a pupil through the school district liaison designated for homeless children or through the pupil's parent or caregiver. The bill also authorizes a program to verify that a pupil is in foster care through the school district or through the foster parent.

Family fees. This bill also prohibits programs from collecting fees from homeless youth or foster care pupils. ASES programs are authorized to charge fees, but data on the number of programs that charge fees is not available because this information is not required to be reported to the CDE. According to the CDE, some programs may charge a nominal enrollment fee, while others may charge fees in order to expand access to the program.

The sponsors, the Western Center on Law and Poverty and the Children's Defense Fund – California state, "Children who are homeless and living in deep poverty are less likely to be able to participate than children who are not experiencing these significant challenges even when compared to other children who are low-income. This is because children who are homeless or living in deep poverty are less likely to attend the same school from year-to-year and less likely to afford registration fees required by some afterschool programs. This means that children who could benefit most from having a safe and supportive place to learn and exercise, with afterschool snacks and where they are not exposed to the elements (as are children who are homeless), are less likely to be able to participate."

Related legislation. This bill is substantially similar to AB 891 (Campos), which was held in the Assembly Appropriations Committee suspense file last year. AB 891 contained three proposals related to homeless and low-income children. This bill contains one of the three proposals. One difference between the bills is that AB 891 required priority for homeless youth and pupils whose families qualify for CalWORKs assistance while this bill requires priority for homeless and foster care youth. This bill adds a statement expressing the intent of the Legislature that programs not use core operating funds for snacks and meals and instead seek to qualify program sites as approved distribution sites for federally funded meal programs. The goal of the sponsors is to increase access to federally funded meal programs, such as the Free and Reduced Price Meal program or the Child and Adult Care Food Program. The sponsors state that tapping into federal funds specifically for food would free up funds for after school enrichment activities and enable students to have an early dinner.

AB 2615 (Wood), also on the April 13^th agenda, makes a number of changes to the ASES and the federally funded 21^st Century programs, including authorizing programs to charge family fees, with the exception of families with pupils eligible for free and reduced-price meals, who shall pay no fees or reduced fees.

REGISTERED SUPPORT / OPPOSITION:

Support

Children's Defense Fund – California (co-sponsor)

Western Center on Law & Poverty (co-sponsor)

American Academy of Pediatrics

California Alliance of Child and Family Services

California Alternative Payment Program Association

California Catholic Conference

California Coalition for Youth

California Food Policy Advocates

California School-Based Health Alliance

Children's Advocacy Institute

Children's Law Center of California

Children Now

Coalition on California Welfare Rights Organizations

Coalition on Homelessness

Common Sense Kids Action

Courage Campaign

Ella Baker Center for Human Rights

Father Joe's Villages

Hunger Action Los Angeles

InnerCity Struggle

Larkin Street Youth Services

National Association for the Education of Homeless Children and Youth

National Association of Social Workers, California Chapter

Our Family Coalition

United Ways of California

Opposition

None on file

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087