AB 2615: After school programs.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-22
(1)Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled.
This bill would, among other things, authorize a school program participating in the state program to charge family fees, as specified, authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department, and allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.
(2)Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.
This bill would, among other things, specify that grades to be served by participating school programs may be determined by local needs, require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals, and state the intent of the Legislature that participating middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as specified.
(3)Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.
This bill would require the department to allocate those funds to each geographic region of the state, as specified.
(4)This bill would incorporate additional changes to Sections 8482.6, 8483, and 8483.1 of the Education Code proposed by AB 1567 that would become operative if this bill and AB 1567 are both enacted on or before January 1, 2017, and this bill is enacted last.
(1)Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled.
This bill would, among other things, authorize a school program participating in the state program to charge family fees, as specified, authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department, and allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.
(2)Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.
This bill would, among other things, specify that grades to be served by participating school programs may be determined by local needs, require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals, and state the intent of the Legislature that participating middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as specified.
(3)Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.
This bill would require the department to allocate those funds to each geographic region of the state, as specified.
(4)This bill would incorporate additional changes to Sections 8482.6, 8483, and 8483.1 of the Education Code proposed by AB 1567 that would become operative if this bill and AB 1567 are both enacted on or before January 1, 2017, and this bill is enacted last.
(1)Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled.
This bill would, among other things, authorize a school program participating in the state program to charge family fees, as specified; authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department; and allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.
(2)Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.
This bill would, among other things, specify that grades to be served by participating school programs may be determined by local needs, require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals, and state the intent of the Legislature that participating middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as specified.
(3)Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.
This bill would require the department to allocate those funds to each geographic region of the state, as specified.
(4)This bill would incorporate additional changes to Sections 8482.6, 8483, and 8483.1 of the Education Code proposed by AB 1567 that would become operative if this bill and AB 1567 are both enacted on or before January 1, 2017, and this bill is enacted last.
(1)Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled.
This bill would, among other things, (1) authorize a school program participating in the state program to charge family fees, as specified, (2) specified; authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department, and (3) department; and allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.
(2)Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.
This bill would, among other things, (1) specify that grades to be served by participating school programs may be determined by local needs, (2) require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals, and (3) state the intent of the Legislature that participating middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as specified.
(3)Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.
This bill would require the department to allocate those funds to each geographic region of the state, as specified.
(1)Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled.
This bill would, among other things, (1) authorize a school program participating in the state program to charge family fees, as specified, (2) authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department, and (3) allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.
(2)Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.
This bill would, among other things, (1) specify that grades to be served by participating school programs may be determined by local needs and needs, (2) require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals. meals, and (3) state the intent of the Legislature that participating middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as specified.
(3)Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.
This bill would require the department to allocate those funds to each geographic region of the state, as specified.
(1)Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled.
This bill would, among other things, (1) authorize a school program participating in the state program to charge family fees, as specified, (2) authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department, and (3) allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.
(2)Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.
This bill would, among other things, (1) specify that grades to be served by participating school programs may be determined by local needs, needs and (2) require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals, and (3) define urban and rurals areas and northern, southern, and central California for purposes of a specified provision of the ASES requiring, to the extent possible, equitable distribution of grant awards across the state. meals.
(3)Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.
This bill would require the department to allocate those funds to each geographic region of the state, as specified.
(1)Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled.
This bill would, among other things, (1) authorize a school program participating in the state program to charge family fees, as specified, (2) authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department, and (3) allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.
(2)Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.
This bill would, among other things, (1) specify that grades to be served by participating school programs may be determined by local needs, (2) require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals, and (3) define urban and rurals areas and northern, southern, and central California for purposes of a specified provision of the ASES requiring, to the extent possible, equitable distribution of grant awards across the state.
(3)Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.
This bill would require the department to allocate those funds to each geographic region of the state, as specified.
Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of the state.
This bill would define urban and rural areas and northern, southern, and central California for purposes of that provision requiring, to the extent possible, equitable distribution of grant awards across the state. The bill would authorize the department to withhold or terminate the grant allocation of any site or program that does not comply with specified reporting requirements.
Existing law 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, as specified. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of California. Existing law authorizes the department to terminate the grant of any site or program that does not comply with specified reporting requirements.
This bill would also authorize the department to withhold the grant allocation of any site or program that does not comply with these reporting requirements and would add audit resolutions to the list of these reporting requirements. The bill would define urban and rural areas and northern, southern, and central California for purposes of the provision requiring, to the extent possible, equitable distribution of grant awards across California.
Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of the state.
This bill would define urban and rural areas and northern, southern, and central California for purposes of that provision requiring, to the extent possible, equitable distribution of grant awards across the state. The bill would authorize the department to withhold or terminate the grant allocation of any site or program that does not comply with specified reporting requirements.
Existing law 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 states that it is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of 9 hours a week and 3 days a week to accomplish program goals. schools, as specified. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of California. Existing law authorizes the department to terminate the grant of any site or program that does not comply with specified reporting requirements.
This bill would instead state that it is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which the pupils participate.
This bill would also authorize the department to withhold the grant allocation of any site or program that does not comply with these reporting requirements and would add audit resolutions to the list of these reporting requirements. The bill would define urban and rural areas and northern, southern, and central California for purposes of the provision requiring, to the extent possible, equitable distribution of grant awards across California.
Existing law 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 states that it is the intent of the Legislature that elementary school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of 9 hours a week and 3 days a week to accomplish program goals.
This bill would instead state that it is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which the pupils participate.
(a)Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b)A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(d)A program established pursuant to this article shall have the option of operating under either of the following modes:
(1)After school only.
(2)After school and during any combination of before school, weekends, summer, intersession, and vacation.
SEC. 2.Section 8423 of the Education Code is amended to read:8423.(a)(1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
SEC. 3.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and the dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners or consortium members agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department agrees to the restructure.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
SEC. 4.Section 8426.5 is added to the Education Code, to read:8426.5.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsites pupils with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426.
SEC. 5.Section 8427 of the Education Code is amended to read:8427.(a)A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9.
(4)Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5.
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this subdivision, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, the following methods:
(A)Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(B)Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section.
(c)The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 6.Section 8482.3 of the Education Code is amended to read:8482.3.(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:
(A)An educational and literacy element 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 science.
(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agricultures at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e)Applicants for programs established pursuant to this article may include any of the following:
(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1)The application documents the commitments of each partner to operate a program on that site or sites.
(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3)Each partner in the application agrees to share responsibility for the quality of the program.
(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, public agency means only a county board of supervisors or, if the city is incorporated or has a charter, a city council.
(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9)The application states the targeted number of pupils to be served by the program.
(10)Applicants agree to provide the following information on participating pupils to the department:
(A)Schoolday attendance rates.
(B)Program attendance.
(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B)Program content, including the elements identified in subdivision (c).
(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D)Any other information requested by the department.
(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2)The department shall monitor this review as part of its onsite monitoring process.
SEC. 7.Section 8482.4 of the Education Code is amended to read:8482.4.(a)The department shall review applications submitted under this article to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b)The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semiannual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners of the partnership or consortium agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department approves the restructure.
(d)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f)The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g)The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committees recommendations and present them, along with the departments recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h)(1)The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2)The department shall make the application available through its Internet Web site. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 8.Section 8482.6 of the Education Code is amended to read:8482.6.Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
SEC. 8.1.Section 8482.6 of the Education Code is amended to read:8482.6.(a)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 8.2.Section 8482.6 is added to the Education Code, to read:8482.6.(a)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals. If a program established pursuant to this article does charge family fees, the program shall not charge a fee to a family for a child if the program knows that the child is a homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), or for a child who the program knows is in foster care.
(b)This section shall become operative on July 1, 2017.
SEC. 9.Section 8482.8 of the Education Code is amended to read:8482.8.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established in subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsites pupils with the new schoolsite so that the existing schoolsite before or after school component of the program is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(c)In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
(e)Upon the request of a program grantee, the department may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
SEC. 10.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 10.1.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(c)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 10.2.Section 8483 is added to the Education Code, to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(c)(1)Priority for enrollment of pupils in an after school program shall be as follows:
(A)First priority shall go to pupils who are identified by the program as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), 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.
(B)For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
(2)Nothing in this subdivision shall be construed to require a program to verify, or a school district 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.
(3)Nothing in this subdivision 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.
(d)A program shall 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.
(e)For purposes of identifying a pupil who is eligible for priority enrollment pursuant to subdivision (c), the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Administrators of a program may also obtain this information through the school district liaison designated for homeless children if the school district has a waiver on file allowing for the release of this information.
(f)This section shall become operative on July 1, 2017.
SEC. 11.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
SEC. 11.1.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
(d)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 11.2.Section 8483.1 is added to the Education Code, to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
(d)(1)Priority for enrollment of pupils in a before school program shall be as follows:
(A)First priority shall go to pupils who are identified by the program as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), 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.
(B)For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
(2)Nothing in this subdivision shall be construed to require a program to verify, or a school district to disclose to a before school program, that a pupil applying for or participating in the program is a homeless youth or foster youth.
(3)Nothing in this subdivision 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.
(e)A program shall 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.
(f)For purposes of identifying a pupil who is eligible for priority enrollment pursuant to subdivision (d), the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Administrators of a program may also obtain this information through the school district liaison designated for homeless children if the school district has a waiver on file allowing for the release of this information.
(g)This section shall become operative on July 1, 2017.
SEC. 12.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 13.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 14.Section 8484.8 of the Education Code is amended to read:8484.8.In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a)Beginning with the 200607 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1)The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2)(A)Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B)The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3)In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b)(1)At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2)For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A)Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B)In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C)The department shall award grants for a specific purpose, as justified by the applicant.
(3)To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4)The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c)At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d)Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e)(1)At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2)After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3)Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4)(A)Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B)For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C)In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D)Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5)A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6)A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7)A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f)A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g)Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1)Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2)The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h)Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i)If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j)In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 200809 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1)Thirty-five percent to community learning centers serving high school pupils.
(2)Fifty percent to community learning centers serving elementary and middle school pupils.
(3)Fifteen percent to summer programs serving elementary and middle school pupils.
(k)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(l)This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
SEC. 15.(a)Sections 8.1 and 8.2 of this bill incorporate amendments to Section 8482.6 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8482.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 8 of this bill shall not become operative.
(b)Sections 10.1 and 10.2 of this bill incorporate amendments to Section 8483 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8483 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 10 of this bill shall not become operative.
(c)Sections 11.1 and 11.2 of this bill incorporate amendments to Section 8483.1 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8483.1 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 11 of this bill shall not become operative.
(a)Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b)A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(d)A program established pursuant to this article shall have the option of operating under either of the following modes:
(1)After school only.
(2)After school and during any combination of before school, weekends, summer, intersession, and vacation.
SEC. 2.Section 8423 of the Education Code is amended to read:8423.(a)(1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
SEC. 3.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and the dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners or consortium members agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department agrees to the restructure.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
SEC. 4.Section 8426.5 is added to the Education Code, to read:8426.5.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsites pupils with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426.
SEC. 5.Section 8427 of the Education Code is amended to read:8427.(a)A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9.
(4)Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5.
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this subdivision, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, the following methods:
(A)Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(B)Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section.
(c)The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 6.Section 8482.3 of the Education Code is amended to read:8482.3.(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:
(A)An educational and literacy element 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 science.
(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agricultures at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e)Applicants for programs established pursuant to this article may include any of the following:
(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1)The application documents the commitments of each partner to operate a program on that site or sites.
(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3)Each partner in the application agrees to share responsibility for the quality of the program.
(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, public agency means only a county board of supervisors or, if the city is incorporated or has a charter, a city council.
(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9)The application states the targeted number of pupils to be served by the program.
(10)Applicants agree to provide the following information on participating pupils to the department:
(A)Schoolday attendance rates.
(B)Program attendance.
(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B)Program content, including the elements identified in subdivision (c).
(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D)Any other information requested by the department.
(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2)The department shall monitor this review as part of its onsite monitoring process.
SEC. 7.Section 8482.4 of the Education Code is amended to read:8482.4.(a)The department shall review applications submitted under this article to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b)The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semiannual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners of the partnership or consortium agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department approves the restructure.
(d)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f)The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g)The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committees recommendations and present them, along with the departments recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h)(1)The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2)The department shall make the application available through its Internet Web site. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 8.Section 8482.6 of the Education Code is amended to read:8482.6.Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
SEC. 8.1.Section 8482.6 of the Education Code is amended to read:8482.6.(a)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 8.2.Section 8482.6 is added to the Education Code, to read:8482.6.(a)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals. If a program established pursuant to this article does charge family fees, the program shall not charge a fee to a family for a child if the program knows that the child is a homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), or for a child who the program knows is in foster care.
(b)This section shall become operative on July 1, 2017.
SEC. 9.Section 8482.8 of the Education Code is amended to read:8482.8.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established in subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsites pupils with the new schoolsite so that the existing schoolsite before or after school component of the program is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(c)In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
(e)Upon the request of a program grantee, the department may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
SEC. 10.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 10.1.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(c)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 10.2.Section 8483 is added to the Education Code, to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(c)(1)Priority for enrollment of pupils in an after school program shall be as follows:
(A)First priority shall go to pupils who are identified by the program as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), 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.
(B)For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
(2)Nothing in this subdivision shall be construed to require a program to verify, or a school district 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.
(3)Nothing in this subdivision 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.
(d)A program shall 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.
(e)For purposes of identifying a pupil who is eligible for priority enrollment pursuant to subdivision (c), the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Administrators of a program may also obtain this information through the school district liaison designated for homeless children if the school district has a waiver on file allowing for the release of this information.
(f)This section shall become operative on July 1, 2017.
SEC. 11.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
SEC. 11.1.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
(d)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 11.2.Section 8483.1 is added to the Education Code, to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
(d)(1)Priority for enrollment of pupils in a before school program shall be as follows:
(A)First priority shall go to pupils who are identified by the program as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), 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.
(B)For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
(2)Nothing in this subdivision shall be construed to require a program to verify, or a school district to disclose to a before school program, that a pupil applying for or participating in the program is a homeless youth or foster youth.
(3)Nothing in this subdivision 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.
(e)A program shall 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.
(f)For purposes of identifying a pupil who is eligible for priority enrollment pursuant to subdivision (d), the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Administrators of a program may also obtain this information through the school district liaison designated for homeless children if the school district has a waiver on file allowing for the release of this information.
(g)This section shall become operative on July 1, 2017.
SEC. 12.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 13.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 14.Section 8484.8 of the Education Code is amended to read:8484.8.In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a)Beginning with the 200607 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1)The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2)(A)Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B)The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3)In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b)(1)At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2)For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A)Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B)In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C)The department shall award grants for a specific purpose, as justified by the applicant.
(3)To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4)The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c)At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d)Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e)(1)At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2)After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3)Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4)(A)Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B)For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C)In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D)Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5)A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6)A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7)A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f)A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g)Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1)Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2)The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h)Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i)If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j)In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 200809 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1)Thirty-five percent to community learning centers serving high school pupils.
(2)Fifty percent to community learning centers serving elementary and middle school pupils.
(3)Fifteen percent to summer programs serving elementary and middle school pupils.
(k)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(l)This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
SEC. 15.(a)Sections 8.1 and 8.2 of this bill incorporate amendments to Section 8482.6 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8482.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 8 of this bill shall not become operative.
(b)Sections 10.1 and 10.2 of this bill incorporate amendments to Section 8483 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8483 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 10 of this bill shall not become operative.
(c)Sections 11.1 and 11.2 of this bill incorporate amendments to Section 8483.1 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8483.1 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 11 of this bill shall not become operative.
(a)Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b)A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(d)A program established pursuant to this article shall have the option of operating under either of the following modes:
(1)After school only.
(2)After school and during any combination of before school, weekends, summer, intersession, and vacation.
SEC. 2.Section 8423 of the Education Code is amended to read:8423.(a)(1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
SEC. 3.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and the dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners or consortium members agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department agrees to the restructure.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
SEC. 4.Section 8426.5 is added to the Education Code, to read:8426.5.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsites pupils with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426.
SEC. 5.Section 8427 of the Education Code is amended to read:8427.(a)A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9.
(4)Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5.
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this subdivision, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, the following methods:
(A)Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(B)Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section.
(c)The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 6.Section 8482.3 of the Education Code is amended to read:8482.3.(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:
(A)An educational and literacy element 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 science.
(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agricultures at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e)Applicants for programs established pursuant to this article may include any of the following:
(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1)The application documents the commitments of each partner to operate a program on that site or sites.
(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3)Each partner in the application agrees to share responsibility for the quality of the program.
(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, public agency means only a county board of supervisors or, if the city is incorporated or has a charter, a city council.
(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9)The application states the targeted number of pupils to be served by the program.
(10)Applicants agree to provide the following information on participating pupils to the department:
(A)Schoolday attendance rates.
(B)Program attendance.
(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B)Program content, including the elements identified in subdivision (c).
(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D)Any other information requested by the department.
(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2)The department shall monitor this review as part of its onsite monitoring process.
SEC. 7.Section 8482.4 of the Education Code is amended to read:8482.4.(a)The department shall review applications submitted under this article to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b)The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semiannual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners of the partnership or consortium agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department approves the restructure.
(d)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f)The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g)The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committees recommendations and present them, along with the departments recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h)(1)The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2)The department shall make the application available through its Internet Web site. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 8.Section 8482.6 of the Education Code is amended to read:8482.6.Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
SEC. 8.1.Section 8482.6 of the Education Code is amended to read:8482.6.(a)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article is not required to charge family fees or conduct individual eligibility determination based on need or income. may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 8.2.Section 8482.6 is added to the Education Code, to read:8482.6.(a)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals. If a program established pursuant to this article does charge family fees, the program shall not charge a fee to a family for a child if the program knows that the child is a homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), or for a child who the program knows is in foster care.
(b)This section shall become operative on July 1, 2017.
SEC. 9.Section 8482.8 of the Education Code is amended to read:8482.8.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established in subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsites pupils with the new schoolsite so that the existing schoolsite before or after school component of the program is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(c)In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
(e)Upon the request of a program grantee, the department may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
SEC. 10.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 10.1.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals. participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(c)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 10.2.Section 8483 is added to the Education Code, to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(c)(1)Priority for enrollment of pupils in an after school program shall be as follows:
(A)First priority shall go to pupils who are identified by the program as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), 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.
(B)For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
(2)Nothing in this subdivision shall be construed to require a program to verify, or a school district 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.
(3)Nothing in this subdivision 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.
(d)A program shall 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.
(e)For purposes of identifying a pupil who is eligible for priority enrollment pursuant to subdivision (c), the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Administrators of a program may also obtain this information through the school district liaison designated for homeless children if the school district has a waiver on file allowing for the release of this information.
(f)This section shall become operative on July 1, 2017.
SEC. 11.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
SEC. 11.1.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of six hours a week or three days a week to accomplish program goals, participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
(d)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.
SEC. 11.2.Section 8483.1 is added to the Education Code, to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
(d)(1)Priority for enrollment of pupils in a before school program shall be as follows:
(A)First priority shall go to pupils who are identified by the program as homeless youth, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), 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.
(B)For programs serving middle and junior high school pupils, second priority shall go to pupils who attend daily.
(2)Nothing in this subdivision shall be construed to require a program to verify, or a school district to disclose to a before school program, that a pupil applying for or participating in the program is a homeless youth or foster youth.
(3)Nothing in this subdivision 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.
(e)A program shall 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.
(f)For purposes of identifying a pupil who is eligible for priority enrollment pursuant to subdivision (d), the administrators of a program shall allow self-certification of the pupil as a homeless youth or a foster youth. Administrators of a program may also obtain this information through the school district liaison designated for homeless children if the school district has a waiver on file allowing for the release of this information.
(g)This section shall become operative on July 1, 2017.
SEC. 12.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 13.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 14.Section 8484.8 of the Education Code is amended to read:8484.8.In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a)Beginning with the 200607 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1)The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2)(A)Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B)The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3)In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b)(1)At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2)For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A)Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B)In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C)The department shall award grants for a specific purpose, as justified by the applicant.
(3)To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4)The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c)At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d)Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e)(1)At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2)After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3)Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4)(A)Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B)For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C)In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D)Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5)A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6)A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7)A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f)A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g)Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1)Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2)The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h)Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i)If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j)In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 200809 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1)Thirty-five percent to community learning centers serving high school pupils.
(2)Fifty percent to community learning centers serving elementary and middle school pupils.
(3)Fifteen percent to summer programs serving elementary and middle school pupils.
(k)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(l)This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
SEC. 15.(a)Sections 8.1 and 8.2 of this bill incorporate amendments to Section 8482.6 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8482.6 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 8 of this bill shall not become operative.
(b)Sections 10.1 and 10.2 of this bill incorporate amendments to Section 8483 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8483 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 10 of this bill shall not become operative.
(c)Sections 11.1 and 11.2 of this bill incorporate amendments to Section 8483.1 of the Education Code proposed by both this bill and Assembly Bill 1567. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 8483.1 of the Education Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 11 of this bill shall not become operative.
(a)Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b)A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(d)A program established pursuant to this article shall have the option of operating under either of the following modes:
(1)After school only.
(2)After school and during any combination of before school, weekends, summer, intersession, and vacation.
SEC. 2.Section 8423 of the Education Code is amended to read:8423.(a)(1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
SEC. 3.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and the dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners or consortium members agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department agrees to the restructure.
(5)Restructure of a partnership or consortium pursuant to paragraph (4) may occur only at the time of grant renewal pursuant to the requirements of this article.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
SEC. 4.Section 8426.5 is added to the Education Code, to read:8426.5.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsite schoolsites pupils with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426.
SEC. 5.Section 8427 of the Education Code is amended to read:8427.(a)A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9.
(4)Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5.
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this subdivision, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, the following methods:
(A)Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(B)Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section.
(c)The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 6.Section 8482.3 of the Education Code is amended to read:8482.3.(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:
(A)An educational and literacy element 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 science.
(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agricultures at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e)Applicants for programs established pursuant to this article may include any of the following:
(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1)The application documents the commitments of each partner to operate a program on that site or sites.
(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3)Each partner in the application agrees to share responsibility for the quality of the program.
(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, public agency means only a county board of supervisors or, if the city is incorporated or has a charter, a city council.
(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9)The application states the targeted number of pupils to be served by the program.
(10)Applicants agree to provide the following information on participating pupils to the department:
(A)Schoolday attendance rates.
(B)Program attendance.
(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B)Program content, including the elements identified in subdivision (c).
(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D)Any other information requested by the department.
(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2)The department shall monitor this review as part of its onsite monitoring process.
SEC. 7.Section 8482.4 of the Education Code is amended to read:8482.4.(a)The department shall review applications submitted under this article to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b)The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semi-annual semiannual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners of the partnership or consortium agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department approves the restructure.
(3)Restructure of a partnership or consortium pursuant to paragraph (2) may occur only at the time of grant renewal pursuant to the requirements of this article.
(d)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f)The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g)The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committees recommendations and present them, along with the departments recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h)(1)The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2)The department shall make the application available through its Internet Web site. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 8.Section 8482.6 of the Education Code is amended to read:8482.6.Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
SEC. 9.Section 8482.8 of the Education Code is amended to read:8482.8.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established in subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsite schoolsites pupils with the new schoolsite so that the existing schoolsite before or after school component of the program is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(c)In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
(e)Upon the request of a program grantee, the department may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
SEC. 10.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 11.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
SEC. 12.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 13.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 14.Section 8484.8 of the Education Code is amended to read:8484.8.In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a)Beginning with the 200607 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1)The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2)(A)Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B)The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3)In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b)(1)At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2)For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A)Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B)In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C)The department shall award grants for a specific purpose, as justified by the applicant.
(3)To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4)The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c)At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d)Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e)(1)At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2)After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3)Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4)(A)Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B)For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C)In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D)Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5)A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6)A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7)A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f)A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g)Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1)Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2)The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h)Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i)If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j)In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 200809 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1)Thirty-five percent to community learning centers serving high school pupils.
(2)Fifty percent to community learning centers serving elementary and middle school pupils.
(3)Fifteen percent to summer programs serving elementary and middle school pupils.
(k)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(l)This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
(a)Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b)A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(d)A program established pursuant to this article shall have the option of operating under either of the following modes:
(1)After school only.
(2)After school and during any combination of before school, weekends, summer, intersession, and vacation.
SEC. 2.Section 8423 of the Education Code is amended to read:8423.(a)(1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness. school connectedness.
SEC. 3.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners or consortium members agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department agrees to the restructure.
(5)Restructure of a partnership or consortium pursuant to paragraph (4) may occur only at the time of grant renewal pursuant to the requirements of this article.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
SEC. 4.Section 8426.5 is added to the Education Code, to read:8426.5.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with into the new schoolsite or splits the program of the existing schoolsite pupils with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426.
SEC. 5.Section 8427 of the Education Code is amended to read:8427.(a)A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9.
(4)Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5.
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this subdivision, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, the following methods:
(A)Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(B)Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section.
(c)The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 6.Section 8482.3 of the Education Code is amended to read:8482.3.(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:
(A)An educational and literacy element 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 science.
(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agricultures at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e)Applicants for programs established pursuant to this article may include any of the following:
(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1)The application documents the commitments of each partner to operate a program on that site or sites.
(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3)Each partner in the application agrees to share responsibility for the quality of the program.
(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, public agency means only a county board of supervisors or, if the city is incorporated or has a charter, a city council.
(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9)The application states the targeted number of pupils to be served by the program.
(10)Applicants agree to provide the following information on participating pupils to the department:
(A)Schoolday attendance rates.
(B)Program attendance.
(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B)Program content, including the elements identified in subdivision (c).
(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D)Any other information requested by the department.
(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2)The department shall monitor this review as part of its onsite monitoring process.
SEC. 7.Section 8482.4 of the Education Code is amended to read:8482.4.(a)The department shall review applications submitted under this article to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b)The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semi-annual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners of the partnership or consortium agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department approves the restructure.
(3)Restructure of a partnership or consortium pursuant to paragraph (2) may occur only at the time of grant renewal pursuant to the requirements of this article.
(d)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f)The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g)The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committees recommendations and present them, along with the departments recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h)(1)The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2)The department shall make the application available through its Internet Web site. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 8.Section 8482.6 of the Education Code is amended to read:8482.6.Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
SEC. 9.Section 8482.8 of the Education Code is amended to read:8482.8.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the school of attendance with the pupil participation barrier. transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the school of attendance with the pupil participation barrier. transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established in subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with into the new schoolsite or splits the program of an existing schoolsite pupils with the new schoolsite so that the existing schoolsite before or after school component of the program is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(c)In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
(e)Upon the request of a program grantee, the department may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
SEC. 10.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals. participate, except as allowed by the early release policy pursuant to paragraph (1) of this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
SEC. 11.Section 8483.1 of the Education Code is amended to read:8483.1.(a)(1)Every before school program component established pursuant to this article shall in no instance operate for less than one and one-half hours per regular schoolday. Every program shall establish a policy regarding reasonable late daily arrival of pupils to the program.
(2)(A)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of six hours a week or three days a week to accomplish program goals, participate, except when arriving late in accordance with the late arrival policy described in paragraph (1) or as reasonably necessary.
(B)A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.
(3)In order to develop an age-appropriate before school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a before school program established pursuant to this article shall have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year pursuant to Section 8483.75.
(c)Every before school program component established pursuant to this article shall offer a breakfast meal as described by Section 49553 for all program participants.
SEC. 10.SEC. 12.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness. school connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 11.SEC. 13.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 12.SEC. 14.Section 8484.8 of the Education Code is amended to read:8484.8.In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a)Beginning with the 200607 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1)The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2)(A)Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B)The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3)In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b)(1)At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2)For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A)Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B)In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C)The department shall award grants for a specific purpose, as justified by the applicant.
(3)To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4)The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c)At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d)Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e)(1)At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2)After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3)Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4)(A)Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B)For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C)In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D)Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5)A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6)A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7)A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f)A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g)Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1)Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2)The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h)Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i)If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j)In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 200809 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1)Thirty-five percent to community learning centers serving high school pupils.
(2)Fifty percent to community learning centers serving elementary and middle school pupils.
(3)Fifteen percent to summer programs serving elementary and middle school pupils.
(k)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(l)This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
(a)Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b)A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(d)A program established pursuant to this article shall have the option of operating under either of the following modes:
(1)After school only.
(2)After school and during any combination of before school, weekends, summer, intersession, and vacation.
SEC. 2.Section 8423 of the Education Code is amended to read:8423.(a)(1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
SEC. 3.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners or consortium members agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department agrees to the restructure.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
SEC. 4.Section 8426.5 is added to the Education Code, to read:8426.5.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of the existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction pursuant to subdivision (d) of Section 8426.
SEC. 5.Section 8427 of the Education Code is amended to read:8427.(a)A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9.
(4)Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5.
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this subdivision, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, the following methods:
(A)Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(B)Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section.
(c)The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 6.Section 8482.3 of the Education Code is amended to read:8482.3.(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:
(A)An educational and literacy element 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 science.
(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agricultures at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e)Applicants for programs established pursuant to this article may include any of the following:
(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1)The application documents the commitments of each partner to operate a program on that site or sites.
(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3)Each partner in the application agrees to share responsibility for the quality of the program.
(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, public agency means only a county board of supervisors or, if the city is incorporated or has a charter, a city council.
(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9)The application states the targeted number of pupils to be served by the program.
(10)Applicants agree to provide the following information on participating pupils to the department:
(A)Schoolday attendance rates.
(B)Program attendance.
(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B)Program content, including the elements identified in subdivision (c).
(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D)Any other information requested by the department.
(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2)The department shall monitor this review as part of its onsite monitoring process.
SEC. 7.Section 8482.4 of the Education Code is amended to read:8482.4.(a)The department shall review applications submitted under this article to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b)The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c)(1) A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semi-annual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners of the partnership or consortium agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department approves the restructure.
(3)Restructure of a partnership or consortium pursuant to paragraph (2) may occur only at the time of grant renewal pursuant to the requirements of this article.
(d)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f)The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g)The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committees recommendations and present them, along with the departments recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h)(1)The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2)The department shall make the application available through its Internet Web site. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 8.Section 8482.6 of the Education Code is amended to read:8482.6.Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
SEC. 9.Section 8482.8 of the Education Code is amended to read:8482.8.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the school of attendance with the pupil participation barrier.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the school of attendance with the pupil participation barrier. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2) The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established in subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of an existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(c)In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, approve a request by the grantee for payment student attendance credits equal to the amount of funding average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
(e)Upon the request of a program grantee, the state board department may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
SEC. 10.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 11.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 12.Section 8484 of the Education Code is amended to read:8484.(a)As required by the department, programs established pursuant to this article shall submit annual outcome-based data for evaluation. The department may consider these outcomes when determining eligibility for grant renewal.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers, for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures for this subdivision, including, but not limited to, program quality standards. Additions shall be developed in consultation with the evaluation committee of the advisory committee.
(4)Programs shall submit information adopted through the process outlined in subdivision (c).
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program as described in subdivision (a) of Section 8483.7. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this section, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(c)The department shall develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a). The department shall consult with the evaluation committee of the Advisory Committee on Before and After School Programs pursuant to Section 8484.9.
(d)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
SEC. 13.SEC. 12.Section 8484.8 of the Education Code is amended to read:8484.8.In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a)Beginning with the 200607 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1)The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2)(A)Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B)The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3)In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b)(1)At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2)For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A)Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B)In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C)The department shall award grants for a specific purpose, as justified by the applicant.
(3)To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4)The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c)At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d)Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e)(1)At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (d) of Section 8484 (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2)After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3)Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4)(A)Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B)For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C)In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D)Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5)A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6)A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7)A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f)A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g)Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1)Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2)The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h)Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i)If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j)In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 200809 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1)Thirty-five percent to community learning centers serving high school pupils.
(2)Fifty percent to community learning centers serving elementary and middle school pupils.
(3)Fifteen percent to summer programs serving elementary and middle school pupils.
(k)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(k)
(l)This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
(a)Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b)A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c)Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article is not required to may charge family fees. Programs that charge family fees shall waive or to conduct individual eligibility determinations based on need reduce the cost of these fees for pupils who are eligible for free or income. reduced-price meals.
(d)A program established pursuant to this article shall have the option of operating under either of the following modes:
(1)After school only.
(2)After school and during any combination of before school, weekends, summer, intersession, and vacation.
SEC. 2.Section 8423 of the Education Code is amended to read:8423.(a)(1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban, urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
SEC. 3.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners or consortium members agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department agrees to the restructure.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
SEC. 4.Section 8426.5 is added to the Education Code, to read:8426.5.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2)The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of the existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction pursuant to subdivision (d) of Section 8426.
SEC. 5.Section 8427 of the Education Code is amended to read:8427.(a)A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (4). (3).
(3)The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9.
(4)Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5.
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this subdivision, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, the following methods:
(A)Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(B)Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section.
(c)The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 6.Section 8482.3 of the Education Code is amended to read:8482.3.(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The grades to be served by the program at participating schools may be determined by local needs.
(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.
(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:
(A)An educational and literacy element 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 science.
(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.
(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.
(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.
(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agricultures at-risk afterschool meal component of the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e)Applicants for programs established pursuant to this article may include any of the following:
(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.
(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.
(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:
(1)The application documents the commitments of each partner to operate a program on that site or sites.
(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.
(3)Each partner in the application agrees to share responsibility for the quality of the program.
(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. The fiscal agent may be changed upon approval by the department if the new fiscal agent is a local educational agency or public agency partner. For purposes of this section, public agency means only a county board of supervisors or or, if the city is incorporated or has a charter, a city council.
(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.
(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).
(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.
(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.
(9)The application states the targeted number of pupils to be served by the program.
(10)Applicants agree to provide the following information on participating pupils to the department:
(A)Schoolday attendance rates.
(B)Program attendance.
(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:
(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.
(B)Program content, including the elements identified in subdivision (c).
(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.
(D)Any other information requested by the department.
(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.
(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.
(2)The department shall monitor this review as part of its onsite monitoring process.
SEC. 7.Section 8482.4 of the Education Code is amended to read:8482.4.(a)The department shall review applications submitted under this article to determine whether the applicable requirements in subdivision (f) of Section 8482.3 have been fulfilled.
(b)The department shall use the per-pupil formulas established pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7 and the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, to determine the appropriate grant amount.
(c)(1) A grantee that establishes a program pursuant to this chapter is eligible to receive a three-year renewable grant subject to semi-annual reporting. Funding for a grant shall be allocated in annual increments for a period of not more than three years, contingent upon the availability of funds for those grants pursuant to Section 8483.5.
(2)A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A)All partners of the partnership or consortium agree to the restructure.
(B)The new consortia or partnership structure, or structures, complies with the requirements of subdivision (f) of Section 8482.3, as applicable.
(C)There is no change in the school, or schools, served by the restructured partnership or consortium.
(D)The department approves the restructure.
(3)Restructure of a partnership or consortium pursuant to paragraph (2) may occur only at the time of grant renewal pursuant to the requirements of this article.
(d)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded.
(e)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(f)The department shall allocate 65 percent of the first-year grant amount no later than 30 days after the grantee submits the grant award acceptance letter to the department. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met. For the second and subsequent years of the grant, the department shall allocate 65 percent of the annual grant amount for that year no later than 30 days after the annual Budget Act becomes effective. Of the remaining 35 percent of the grant, the department shall allocate 25 percent or more of the funds within the operational period of the program and may retain up to 10 percent of the total grant until all administrative requirements of the grant have been met.
(g)The Advisory Committee on Before and After School Programs shall make recommendations on reporting requirements for program evaluation and review consistent with subdivision (b) of Section 8483.55 to the department on or before June 30, 2007. The department shall review the committees recommendations and present them, along with the departments recommendations, to the state board on or before September 30, 2007. The state board shall adopt requirements for program evaluation and review on or before November 30, 2007.
(h)(1)The department shall provide notice to all schools eligible for grants pursuant to this article regarding the availability of those grants and the application process.
(2)The department shall make the application available through its Internet Web site. The department shall determine the dates by which applications will be periodically considered for funding.
SEC. 8.Section 8482.6 of the Education Code is amended to read:8482.6.Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article is not required to may charge family fees. Programs that charge family fees shall waive or conduct individual eligibility determination based on need reduce the cost of these fees for pupils who are eligible for free or income. reduced-price meals.
SEC. 9.Section 8482.8 of the Education Code is amended to read:8482.8.(a)(1)If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A)The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the school of attendance with the pupil participation barrier.
(B)The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the school of attendance with the pupil participation barrier. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(a)
(2) If there is a significant barrier to pupil participation in a program established pursuant to this article The schoolsite shall not increase the funding at the school of attendance for either proposed schoolsite above the before school or the maximum after school component, an applicant may request approval from the Superintendent, before or during the grant application process, to provide services at another schoolsite for that component. amount established in subparagraph (C) of paragraph (1) of subdivision (a) of Section 8483.7. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation between schoolsites; transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(b)For purposes of this article, a significant barrier to pupil participation in the before school or the after school component of a program established pursuant to this chapter means either any of the following:
(1)Fewer than 20 pupils participating in the component of the program.
(2)Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
(3)A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of an existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(c)In addition to the authority to transfer funds among school programs pursuant to Sections 8483.7 and 8483.75, and in addition to the flexibility provided by subdivisions (a) and (b), a program grantee that is temporarily prevented from operating a program established pursuant to this article at the program site due to natural disaster, civil unrest, or imminent danger to pupils or staff may shift program funds to the sites of other programs established pursuant to this article to meet attendance targets during that time period.
(d)If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may recommend, and the state board may approve, a request by the grantee for payment equal to the amount of funding the grantee would have received if it had been able to operate its entire program during that time period.
(e)Upon the request of a program grantee, the state board may approve other unforeseen events as qualifying a program grantee to use the authority provided by subdivisions (c) and (d).
SEC. 10.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards pursuant to Section 8483.7 to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of California.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 11.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements established required by the department and pursuant to Section 8484. The department may withhold the grant allocation for a program or site if the prior grant years fiscal or attendance reporting remains outstanding, until the reports have been filed with the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 12.Section 8484 of the Education Code is amended to read:8484.(a)As required by the department, programs established pursuant to this article shall submit annual outcome-based data for evaluation. The department may consider these outcomes when determining eligibility for grant renewal.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers, for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures for this subdivision subdivision, including, but not limited to, program quality standards. Additions shall be developed in consultation with the evaluation committee of the advisory committee.
(4)Programs shall submit information adopted through the process outlined in subdivision (c).
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program as described in subdivision (a) of Section 8483.7. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this section, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(c)The department shall develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a). The department shall consult with the evaluation committee of the Advisory Committee on Before and After School Programs pursuant to Section 8484.9.
(d)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
SEC. 13.Section 8484.8 of the Education Code is amended to read:8484.8.In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a)Beginning with the 200607 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1)The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2)(A)Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B)The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3)In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b)(1)At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community.
(2)For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A)Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B)In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C)The department shall award grants for a specific purpose, as justified by the applicant.
(3)To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4)The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c)At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d)Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e)(1)At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (d) of Section 8484 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each regions percentage shall be determined by dividing the regions number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2)After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3)Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4)(A)Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B)For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C)In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D)Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5)A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6)A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7)A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f)A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.
(g)Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:
(1)Amendments made to this section by Chapter 555 of the Statutes of 2005.
(2)The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(h)Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i)If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j)In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 200809 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1)Thirty-five percent to community learning centers serving high school pupils.
(2)Fifty percent to community learning centers serving elementary and middle school pupils.
(3)Fifteen percent to summer programs serving elementary and middle school pupils.
(k)This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
SECTION 1.Section 8423 of the Education Code is amended to read:8423.(a)(1)The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
SEC. 2.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
SEC. 3.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 4.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 5.Section 8484 of the Education Code is amended to read:8484.(a)As required by the department, programs established pursuant to this article shall submit annual outcome-based data for evaluation. The department may consider these outcomes when determining eligibility for grant renewal.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers, for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures for this subdivision, including, but not limited to, program quality standards. Additions shall be developed in consultation with the evaluation committee of the advisory committee.
(4)Programs shall submit information adopted through the process outlined in subdivision (c).
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program as described in subdivision (a) of Section 8483.7. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this section, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(c)The department shall develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a). The department shall consult with the evaluation committee of the Advisory Committee on Before and After School Programs pursuant to Section 8484.9.
(d)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(a)(1)The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
(b)The department shall consider the following criteria in awarding grants:
(1)Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions.
(2)Strength of the enrichment element.
(3)Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools.
(4)A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement.
(5)A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest.
(6)A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis.
(c)The application shall certify all of the following:
(1)Completion of an assessment of pupils preferences for program activities.
(2)Access to, and availability of, computers and technology.
(3)Inclusion of a nutritional snack, meal, or both, and a physical activity element.
(4)That the program will meet all of the evaluation requirements.
(5)Fiscal accountability.
(6)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
SEC. 2.Section 8426 of the Education Code is amended to read:8426.(a)(1)A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2)The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3)A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(b)The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c)(1)Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A)The grantees indirect cost rate, as approved by the department for the appropriate fiscal year.
(B)Five percent of the state program funding received pursuant to this article.
(2)In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first years annual grant award for each after school grant recipient may be used for startup costs.
(3)Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(d)Grantees are subject to semiannual attendance reporting during each year of the grant.
(1)The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A)If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2)If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3)The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4)In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e)Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1)Demonstrate program outcomes pursuant to Section 8427.
(2)Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g)(1)The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2)In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department.
(3)All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h)When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
SEC. 3.Section 8483.3 of the Education Code, as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:8483.3.(a)The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards pursuant to Section 8483.7 to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of California.
(b)The department shall consider the following in selecting schools to participate in the program established pursuant to this article:
(1)Percentage of pupils eligible for free and reduced-price lunch.
(2)Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside.
(c)The application shall certify all of the following:
(1)Inclusion of an educational element.
(2)Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development.
(3)That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement.
(4)Staff training and development will be provided.
(5)Integration with the regular schoolday and other expanded learning opportunities.
(6)Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff.
(7)Opportunities for physical activity.
(8)Inclusion of a nutritional snack, meal, or both.
(9)Fiscal accountability.
(10)Availability of required local matching funds.
(11)That the program will meet all of the evaluation requirements.
(12)Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.
(d)Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.
SEC. 4.Section 8483.7 of the Education Code is amended to read:8483.7.(a)(1)(A)Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(i)The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(I)If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(II)If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(ii)The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(iii)In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(iv)The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(v)A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(vi)The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements established by the department and pursuant to Section 8484. The department may withhold the grant allocation for a program or site if the prior grant years fiscal or attendance reporting remains outstanding, until the reports have been filed with the required by the department.
(vii)Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(I)Demonstrate measurable program outcomes pursuant to Section 8484.
(II)Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(B)After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(C)The maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award.
(2)For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1):
(A)For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B)For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900.
(3)The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4)The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5)A school that establishes a program pursuant to this section is eligible to receive a summer grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts:
(A)Seven dollars and fifty cents ($7.50) per day per pupil.
(B)Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1).
(C)Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school.
(6)Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(7)Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(8)(A)A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B)A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal.
(b)The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs.
(c)Up to 15 percent of the initial years grant amount for each grant recipient may be used for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipients total funding above the approved grant amount.
(d)For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e)The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.
SEC. 5.Section 8484 of the Education Code is amended to read:8484.(a)As required by the department, programs established pursuant to this article shall submit annual outcome-based data for evaluation. The department may consider these outcomes when determining eligibility for grant renewal.
(1)To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers, for participating pupils who are unduplicated pupils, both of the following:
(A)Schoolday attendance on an annual basis.
(B)Program attendance on a semiannual basis.
(2)Programs shall submit evidence of a data-driven program quality improvement process that is based on the departments guidance on program quality standards developed pursuant to paragraph (3).
(3)The department may develop additional measures for this subdivision subdivision, including, but not limited to, program quality standards. Additions shall be developed in consultation with the evaluation committee of the advisory committee.
(4)Programs shall submit information adopted through the process outlined in subdivision (c).
(b)(1)If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program as described in subdivision (a) of Section 8483.7. The department shall consider multiple outcomes and not rely on one outcome in isolation.
(2)For purposes of this section, consistently fails to demonstrate measurable program outcomes means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a).
(3)Measurable program outcomes may be demonstrated by, but are not limited to, comparing pupils participating in the program to nonparticipating pupils at the same schoolsite.
(c)The department shall develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a). The department shall consult with the evaluation committee of the Advisory Committee on Before and After School Programs pursuant to Section 8484.9.
(d)(1)To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state.
(2)For purposes of paragraph (1), the following terms shall have the following meanings:
(A)Central California means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B)Northern California means California County Superintendents Educational Services Association regions one to four, inclusive.
(C)Southern California means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D)Urban and rural areas shall be as defined by the United States Census Bureau.
SECTION 1.Section 8483 of the Education Code is amended to read:8483.(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
(a)(1)Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan.
(2)It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goals. participate.
(3)In order to develop an age-appropriate after school program for pupils in middle school or junior high school, programs established pursuant to this article may implement a flexible attendance schedule for those pupils. Priority for enrollment of pupils in middle school or junior high school shall be given to pupils who attend daily.
(b)The administrators of a program established pursuant to this article have the option of operating during any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7.
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Date
|
Status
|
|---|---|
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| Sep 2, 2016 | Enrolled and presented to the Governor at 12 p.m. |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6299.). |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 23, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5230.). |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 18, 2016 | Read second time. Ordered to third reading. |
| Aug 17, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 9, 2016 | Read second time. Ordered to third reading. |
| Aug 8, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Aug 1, 2016 | In committee: Hearing postponed by committee. |
| Aug 1, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 15, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 14, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 8). |
| May 19, 2016 | Referred to Com. on ED. |
| Feb 19, 2016 | Introduced. To print. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4788.) |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 12, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 5, 2016 | Read second time. Ordered to Consent Calendar. |
| May 4, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4). |
| Apr 26, 2016 | Re-referred to Com. on APPR. |
| Apr 25, 2016 | Read second time and amended. |
| Apr 21, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 13). |
| Apr 6, 2016 | Re-referred to Com. on ED. |
| Apr 5, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 28, 2016 | Re-referred to Com. on ED. |
| Mar 18, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 17, 2016 | Referred to Com. on ED. |
| Feb 22, 2016 | Read first time. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 25, 2016 | AB 2615 WOOD Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 22, 2016 | Assembly 3rd Reading AB2615 Wood By Liu | Senate Floor |
Passed |
|
| Jun 8, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 12, 2016 | AB 2615 WOOD Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 4, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 13, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California School Boards Association | * Support | Jun 8, 2016 |
| California State PTA | * Support | Jun 8, 2016 |
| Los Angeles County Office Of Education | ** Support | Aug 22, 2016 |
| Superintendent of Public Instruction Tom Torlakson | ** Support | Jun 8, 2016 |
| u None received. | ** Against | Jun 8, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2615
Author:(Wood)
As Amended Ver:August 17, 2016
Majority vote
ASSEMBLY: | 78-0 | (May 12, 2016) | SENATE: | 39-0 | (August 22, 2016) |
Original Committee Reference: ED.
SUMMARY: Makes a number of revisions to the 21stCentury High School After School Safety and Enrichment for Teens program (ASSETs), the After School Education and Safety program (ASES), and the 21st Century Community Learning Centers (21st CCLC) program. Specifically, this bill:
Makes the following changes to the ASSETs and ASES programs:
- Authorizes a grantee who receives funds as part of a partnership or consortium to restructure the partnership or consortium if all of the following conditions are met:
- All partners or consortium members agree to the restructure.
- The new consortia or partnership structure, or structures, complies with specified administrative and application requirements.
- There is no change in the school, or schools, served by the restructured partnership or consortium.
- The California Department of Education (CDE) agrees to the restructure.
- Provides that every pupil attending a school operating a program is eligible to participate in the program, subject to program capacity. Authorizes a program to charge family fees, but requires a program to waive or reduce the cost of the fees for pupils eligible for free or reduced-price meals.
- Authorizes a grantee to request approval from the CDE to transfer program services to another schoolsite if there is a significant barrier to pupil participation in a program within the same local educational agency. Requires the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive pupils from, and have a grant of the same type awarded as the transferring school.
- The schoolsite shall not have a 10% lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the CDE, shall be considered in evaluating the proposed transfer.
- Provides that the schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
- Specifies that a "significant barrier to pupil participation" in the before or after school component of a program means any of the following:
- Fewer than 20 pupils participating in the component of the program.
- Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
- A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsite's pupils with the new schoolsite so that the existing schoolsite before or after school component of the program is subject to a grant reduction.
- Specifies that if a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the CDE may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
Makes the following changes to the ASSETs and 21st Century programs:
- Establishes the following definitions:
- "Central California" means California County Superintendents Educational Services Association (CCSESA) regions five to eight, inclusive.
- "Northern California" means CCSESA regions one to four, inclusive.
- "Southern California" means CCSESA regions nine to 11, inclusive.
- "Urban and rural areas" shall be as defined by the United States Census Bureau.
- Requires the CDE to allocate funds to each geographic region by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year (FY). Each region's percentage shall be determined by dividing the region's number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
Makes the following changes to the ASSETs program:
- Authorizes the CDE to withhold or terminate grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the CDE.
Makes the following changes to the ASES program:
- Strikes the provisions expressing the intent of the Legislature that middle school and junior high school pupils participate in the before and after school programs a minimum of nine hours and three days a week and instead expresses the intent of the Legislature that middle school and junior high school pupils participate in the program full day every day during the days pupils participate in the program, except as allowed by the program's adopted early release policy.
- Authorizes the grades to be served by the program at participating schools to be determined by local needs.
- Adds, as a barrier to pupil participation, a local educational agency opening a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsite's before or after school component of the program pupils with the new schoolsite so that the existing schoolsite is subject to a grant reduction.
- Incorporates the provisions from AB 1567 (Campos) of the current legislative session to avoid chaptering out problems.
The Senate amendments:
- Make a change in the ASES program to conform the ASES program to the ASSETs program.
- Add the provisions striking the intent of the Legislature that middle school and junior high school pupils participate in before and after school programs a minimum of nine hours and three days a week and instead expresses the intent of the Legislature that middle school and junior high school pupils participate in the program full day every day during the days pupils participate in the program, except as allowed by the programs' adopted early release policy.
- Incorporate the provisions from AB 1567 (Campos) of the current legislative session to avoid chaptering out problems.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: ASES program. The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for kindergarten through grade 9 students. In FY 2015-16, 555 school districts and county offices of education operated ASES programs serving approximately 405,000 students. Local governments and nonprofit organizations working in partnership with local educational agencies may also apply for funding. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Grants, last adjusted in 2006, are provided in three one-year increments with maximum grants at $112,500 per year for elementary schools, $150,000 per year for middle or junior high schools based on a per pupil amount of $7.50 per day of pupil attendance, and $7.50 per pupil per day for staff development, with a maximum of three staff development days per year. Priority for funding goes to schools where at least 50% of the pupils are eligible for free- or reduced-priced 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 afterschool 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. ASES grantees can request summer grants (previously called supplemental grants) in order to operate for more than 180 days or to operate during summer, intersession or vacation.
21st ASSETs and CCLC. In addition to the funds generated by Proposition 49, the state also receives approximately $130 million annually in federal funds for the 21st CCLC program, which provides funding for before and after school activities to pupils in kindergarten through grade 12, and the ASSETs program for high school pupils. The state has chosen to implement these programs almost identical to the state's ASES program.
This bill is sponsored by the Superintendent of Public Instruction and makes a number of revisions to the state and federal programs. Major provisions include the following:
Geographical distribution of funds. This proposal was a recommendation of the Expanding Learning Defining Equity Committee established by the Superintendent of Public Instruction and is intended to apply to the federal 21st CCLC and ASSETs programs only. According to the CDE, the federal government requires a state educational agency to distribute funds equitably among geographic areas within the state, including urban and rural communities. The Education Code provides that to the extent possible, grantees shall result in equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban and rural areas of the state.
This bill divides the state into three regions utilizing CCSESA's service regions for awarding funds. CCSESA is a statewide organization representing county superintendents of schools. The CCSESA's Internet Web site states, "Through a system of 11 service regions, CCSESA provides the organizational mechanism for the 58 County Superintendents of Schools to design and implement statewide programs to identify and promote quality cost-effective educational practices and services, and provide support to school districts." Based on the regions specified in the bill, the three regions will be comprised of counties as follows:
Central California: Santa Cruz, Santa Clara, San Benito, Monterey, San Joaquin, Amador, Calaveras, Stanislaus, Tuolumne, Merced, Mariposa Madera, Fresno, Kings, Tulare, San Luis Obispo, Kern, Santa Barbara and Ventura.
Northern California: Humboldt, Mendocino, Lake, Sonoma, Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Glenn, Butte, Plumas, Colusa, Sutter, Yuba, Sierra, Yolo, Sacramento, Nevada, Alpine, Placer, El Dorado, Napa, Solano, Marin, San Francisco, Contra Costa, Alameda, and San Mateo.
Southern California: Orange, San Diego, Imperial, Riverside, San Bernardino, Inyo, Mono, and Los Angeles.
The bill requires federal funds to be divided according to the percentage of students eligible for free and reduced-price meals programs located in each region. Applicants will then vie for funding against other applicants in their respective regions. The CDE states that under the current process, districts in some areas, particularly rural areas, are reluctant to submit applications because they do not believe they have the capacity to be competitive. Regional competition enables these districts to compete in a smaller pool.
Providing flexibility. This bill provides more flexibility to ASSETs and ASES grant recipients by allowing programs to change schoolsites within a local educational agency and allowing the restructuring of partnerships awarded the funds. Current law allows a program to change sites due to extreme transportation problems or if participation decreases to fewer than 20 students. This bill will allow a program to change location if a school closes or restructures. According to CDE, grantees sometimes need to change partnerships due to administrative problems, splits in the partnership or due to fraudulent activities. For ASES programs, the bill also authorizes the grades levels to be served to be determined according to local needs.
Family fees. Current law specifies that a program is not required to charge family fees. This bill, instead, makes collection of fees permissive, but requires programs to either waive or reduce fees for families with pupils eligible for free and reduced-price meals.
Fiscal oversight. This bill aligns the ASSETs program to the ASES program that allows the CDE to terminate grant allocation of any site or program that does not comply with program requirements, including audit resolutions, fiscal reporting, attendance reporting, or outcome reporting as required by the CDE. The bill also adds the authority for CDE to withhold funds to both programs.
Attendance Credit. Currently, program sites that are affected by natural disaster, civil unrest or are in imminent danger can receive attendance credit through approval by the State Board of Education (SBE). According to the CDE, the SBE questions this role and prefers to be removed from this process. This bill will allow the CDE to approve a request by a grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate during those times of crises.
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0004603
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2615
:
SENATE EDUCATION COMMITTEE: 9-0, 6/8/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote
SOURCE: California Department of Education
DIGEST: This bill makes numerous revisions to the 21st Century High School After School Safety and Enrichment for Teens program, the After School Education and Safety program, and the 21st Century Community Learning Centers program.
Senate Floor Amendments of 8/17/16 add double-jointing language to avoid chaptering issues with AB 1567 (Campos).
Existing law:
- 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)
- Establishes the federally funded 21st Century Community Learning Centers (21st Century) contained within the federal No Child Left Behind Act of 2001 to complement the ASES program. Existing law specifies that the requirements of the ASES program apply to the 21st CCLC program with specified exceptions. (EC § 8484.7)
- Establishes the federally funded 21st Century High School After School Safety and Enrichment for Teens (ASSETs) Program to create incentives for establishing locally driven after school enrichment programs between schools and local community organizations serving students from grades 9 through 12. (EC § 8421)
This bill:
ASES
- Modifies the existing authority of the California Department of Education (CDE) to terminate grant allocations by adding noncompliance with audit resolutions as criteria by which grants may be terminated, and modifies the existing authority of the CDE to withhold grant allocations to mirror the criteria by which grants may be terminated.
- Modifies the existing authority for a grantee to request approval from the CDE to transfer program services to another schoolsite if there is a significant barrier to student participation in a program at the school of attendance as follows:
- Adds the requirement that the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive students from, and have been awarded a grant of the same type as the transferring school.
- The schoolsite shall not have a 10-percent lower percentage of students eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the CDE, shall be considered in evaluating the proposed transfer.
- Prohibits the schoolsite from increasing the funding at the proposed schoolsite above the maximum after school grant amount.
- Modifies the definition of “significant barrier to student participation” by adding “A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsite’s students with the new schoolsite so that the existing schoolsite program is subject to a grant reduction.”
- Adds the requirement that the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- Modifies existing legislative intent regarding participation in the full day of the program to strike reference to middle or junior high participation for at least nine hours a week and three days a week, and instead state that these students participate for the full day of the program except as allowed by the early release policy or when arriving late in accordance with the late arrival policy.
- Modifies the existing authority for the CDE to approve a request by the grantee, if a program is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to students or staff, for students attendance credit equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period (rather than allowing the CDE to recommend and the State Board of Education (SBE) approve).
- Deletes the existing requirement that the CDE, to the extent possible, to award grants in an equitable distribution of applicants in northern, southern, and central California, and in urban, suburban, and rural areas of California.
- Authorizes the fiscal agent to be changed upon approval of the CDE if the new fiscal agent is a local educational agency or public agency partner.
- Authorizes the grades to be served by the program at participating schools to be determined by local needs.
21st Century
- Requires, regarding the requirement for at least 40% of the total awarded to be for programs serving students in elementary and middle school, and at least 50% total awarded to be for high schools:
- The CDE to allocate funds to each geographic region by the regional percentage of statewide students who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year.
- Each region’s percentage to be determined by dividing the region’s number of students eligible for free or reduced-price meals by the statewide number of students eligible for free or reduced-price meals.
- Requires the CDE, to the extent possible, to award grants in an equitable distribution to applicants in northern, southern, and central California, and in urban and rural areas of the state.
ASSETs
- Authorizes the CDE to withhold or terminate grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the CDE.
- Authorizes the CDE to approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period, if a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to students or staff.
- Authorizes a grantee to request approval from the CDE to transfer program services to another schoolsite within the same local educational agency if there is a significant barrier to student participation in a program at the school of attendance. This bill requires the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive students from, and have been awarded a grant of the same type as the transferring school.
- The schoolsite shall not have a 10-percent lower percentage of students eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the CDE, shall be considered in evaluating the proposed transfer.
- Prohibits the schoolsite from increasing the funding at the proposed schoolsite above the maximum after school grant amount.
- Requires an applicant that requests approval to transfer program services to describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of students; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating students.
- Defines a "significant barrier to student participation" in the before or after school component of a program to mean any of the following:
- Fewer than 20 students participating in the component of the program.
- Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or student dependence on public transportation.
- A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsite’s students with the new schoolsite so that the existing schoolsite program is subject to a grant reduction.
- Provides that every student attending a school operating a program is eligible to participate in the program, subject to program capacity.
- Deletes reference to “suburban” with regard to the equitable geographic distribution of funds.
ASES and ASSETs
- Authorizes a grantee who receives funds as part of a partnership or consortium to restructure the partnership or consortium if all of the following conditions are met:
- All partners or consortium members agree to the restructure.
- The new consortia or partnership structure, or structures, complies with specified existing administrative and application requirements.
- There is no change in the school, or schools, served by the restructured partnership or consortium.
- The CDE agrees to the restructure.
- Modifies provisions regarding family fees to specifically authorize a program to charge family fees, and require a program to waive or reduce the cost of the fees for students who are eligible for free or reduced-price meals (existing law specifies that programs are not required to charge family fees or to conduct individual eligibility determinations based on need or income).
ASSETs and 21st Century
- Establishes the following definitions:
- “Central California” means California County Superintendents Educational Services Association (CCSESA) regions five to eight.
- “Northern California” means CCSESA regions one to four.
- “Southern California” means CCSESA regions 9 to 11.
- “Urban and rural areas” as defined by the United States Census Bureau.
Miscellaneous
- Includes double-jointing language to avoid chaptering issues with AB 1567 (Campos).
Comments
Recent report. In January 2014, the CDE released the report A Vision for Expanded Learning in California, which identified four initiatives: system of support, grant administration and policy, communication and information systems, and expanded learning/K-12 integration. Workgroups were subsequently formed for most of the initiatives, including the Defining Equity Committee. That committee released a report in November 2015, containing recommendations, several of which are implemented by this bill. [http://www.caexpandedlearning.
com/uploads/2/7/3/3/27335217/defining_equity_recommendations_nov_2015_pdf]
Geographical distribution of funds. This bill requires the CDE, to the extent possible, to award 21st Century grants in an equitable distribution to applicants in northern, southern, and central California, and in urban and rural areas of the state. Existing law requires the CDE, to the extent possible, to award ASSETs grants in an equitable distribution to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state (this bill deletes reference to “suburban”). This proposal was a recommendation of the Defining Equity Committee. According to the CDE, the federal government requires a state educational agency to distribute funds equitably among geographic areas within the state, including urban and rural communities.
This bill requires the CDE to allocate funds, regarding the requirement for at least 40% of the total awarded to be for programs serving students in elementary and middle school, and at least 50% total awarded to be fore high schools, to each geographic region by the regional percentage of statewide students who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year. This bill requires each region’s percentage to be determined by dividing the region’s number of students eligible for free or reduced-price meals by the statewide number of students eligible for free or reduced-price meals.
Flexibility. The bill provides more flexibility to ASSETs and ASES grant recipients by allowing programs to change schoolsites within a local educational agency and allowing the restructuring of partnerships. Existing law allows a program to change site due to extreme transportation problems or if participation decreases to fewer than 20 students. This bill will allow a program to change location if a school closes or restructures. According to CDE, grantees sometimes need to change partnerships due to administrative problems, splits in the partnership or due to fraudulent activities. For ASES programs, this bill also authorizes the grade levels to be served to be determined according to local needs.
Family fees. This bill modifies ASES and ASSETs provisions regarding family fees to specifically authorize a program to charge family fees, and require a program to waive or reduce the cost of the fees for students who are eligible for free or reduced-price meals (existing law specifies that programs are not required to charge family fees or to conduct individual eligibility determinations based on need or income).
Fiscal oversight. This bill conforms ASSETs provisions with existing ASES provisions that allow the CDE to terminate grant allocations of any site or program that does not comply with program requirements, including audit resolutions, fiscal reporting, attendance reporting, or outcome reporting as required by the CDE. The bill also adds the authority for CDE to withhold funds to both programs.
Attendance Credit. Currently, program sites that are affected by natural disaster, civil unrest or are in imminent danger can receive attendance credit through approval by the SBE. According to the CDE, the SBE questions this role and prefers to be removed from this process. This bill authorizes the CDE to approve a request by an ASES or ASSETs grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate during those times of crises.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
OPPOSITION: (Verified 8/17/16)
None received
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, 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, 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
NO VOTE RECORDED: Burke, Jones-Sawyer
8/18/16 17:45:55
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2615
:
SENATE EDUCATION COMMITTEE: 9-0, 6/8/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote
SOURCE: California Department of Education
DIGEST: This bill makes numerous revisions to the 21st Century High School After School Safety and Enrichment for Teens program, the After School Education and Safety program, and the 21st Century Community Learning Centers program.
Existing law:
- 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)
- Establishes the federally funded 21st Century Community Learning Centers (21st Century) contained within the federal No Child Left Behind Act of 2001 to complement the ASES program. Existing law specifies that the requirements of the ASES program apply to the 21st CCLC program with specified exceptions. (EC § 8484.7)
- Establishes the federally funded 21st Century High School After School Safety and Enrichment for Teens (ASSETs) Program to create incentives for establishing locally driven after school enrichment programs between schools and local community organizations serving students from grades 9 through 12. (EC § 8421)
This bill:
ASES
- Modifies the existing authority of the California Department of Education (CDE) to terminate grant allocations by adding noncompliance with audit resolutions as criteria by which grants may be terminated, and modifies the existing authority of the CDE to withhold grant allocations to mirror the criteria by which grants may be terminated.
- Modifies the existing authority for a grantee to request approval from the CDE to transfer program services to another schoolsite if there is a significant barrier to student participation in a program at the school of attendance as follows:
- Adds the requirement that the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive students from, and have been awarded a grant of the same type as the transferring school.
- The schoolsite shall not have a 10-percent lower percentage of students eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the CDE, shall be considered in evaluating the proposed transfer.
- Prohibits the schoolsite from increasing the funding at the proposed schoolsite above the maximum after school grant amount.
- Modifies the definition of “significant barrier to student participation” by adding “A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsite’s students with the new schoolsite so that the existing schoolsite program is subject to a grant reduction.”
- Adds the requirement that the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- Modifies existing legislative intent regarding participation in the full day of the program to strike reference to middle or junior high participation for at least nine hours a week and three days a week, and instead state that these students participate for the full day of the program except as allowed by the early release policy or when arriving late in accordance with the late arrival policy.
- Modifies the existing authority for the CDE to approve a request by the grantee, if a program is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to students or staff, for students attendance credit equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period (rather than allowing the CDE to recommend and the State Board of Education (SBE) approve).
- Deletes the existing requirement that the CDE, to the extent possible, to award grants in an equitable distribution of applicants in northern, southern, and central California, and in urban, suburban, and rural areas of California.
- Authorizes the fiscal agent to be changed upon approval of the CDE if the new fiscal agent is a local educational agency or public agency partner.
- Authorizes the grades to be served by the program at participating schools to be determined by local needs.
21st Century
- Requires, regarding the requirement for at least 40% of the total awarded to be for programs serving students in elementary and middle school, and at least 50% total awarded to be for high schools:
- The CDE to allocate funds to each geographic region by the regional percentage of statewide students who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year.
- Each region’s percentage to be determined by dividing the region’s number of students eligible for free or reduced-price meals by the statewide number of students eligible for free or reduced-price meals.
- Requires the CDE, to the extent possible, to award grants in an equitable distribution to applicants in northern, southern, and central California, and in urban and rural areas of the state.
ASSETs
- Authorizes the CDE to withhold or terminate grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the CDE.
- Authorizes the CDE to approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period, if a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to students or staff.
- Authorizes a grantee to request approval from the CDE to transfer program services to another schoolsite within the same local educational agency if there is a significant barrier to student participation in a program at the school of attendance. This bill requires the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive students from, and have been awarded a grant of the same type as the transferring school.
- The schoolsite shall not have a 10-percent lower percentage of students eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the CDE, shall be considered in evaluating the proposed transfer.
- Prohibits the schoolsite from increasing the funding at the proposed schoolsite above the maximum after school grant amount.
- Requires an applicant that requests approval to transfer program services to describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of students; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating students.
- Defines a "significant barrier to student participation" in the before or after school component of a program to mean any of the following:
- Fewer than 20 students participating in the component of the program.
- Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or student dependence on public transportation.
- A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsite’s students with the new schoolsite so that the existing schoolsite program is subject to a grant reduction.
- Provides that every student attending a school operating a program is eligible to participate in the program, subject to program capacity.
- Deletes reference to “suburban” with regard to the equitable geographic distribution of funds.
ASES and ASSETs
- Authorizes a grantee who receives funds as part of a partnership or consortium to restructure the partnership or consortium if all of the following conditions are met:
- All partners or consortium members agree to the restructure.
- The new consortia or partnership structure, or structures, complies with specified existing administrative and application requirements.
- There is no change in the school, or schools, served by the restructured partnership or consortium.
- The CDE agrees to the restructure.
- Modifies provisions regarding family fees to specifically authorize a program to charge family fees, and require a program to waive or reduce the cost of the fees for students who are eligible for free or reduced-price meals (existing law specifies that programs are not required to charge family fees or to conduct individual eligibility determinations based on need or income).
ASSETs and 21st Century
- Establishes the following definitions:
- “Central California” means California County Superintendents Educational Services Association (CCSESA) regions five to eight.
- “Northern California” means CCSESA regions one to four.
- “Southern California” means CCSESA regions 9 to 11.
- “Urban and rural areas” as defined by the United States Census Bureau.
Comments
Recent report. In January 2014, the CDE released the report A Vision for Expanded Learning in California, which identified four initiatives: system of support, grant administration and policy, communication and information systems, and expanded learning/K-12 integration. Workgroups were subsequently formed for most of the initiatives, including the Defining Equity Committee. That committee released a report in November 2015, containing recommendations, several of which are implemented by this bill. [http://www.caexpandedlearning.
com/uploads/2/7/3/3/27335217/defining_equity_recommendations_nov_2015_pdf]
Geographical distribution of funds. This bill requires the CDE, to the extent possible, to award 21st Century grants in an equitable distribution to applicants in northern, southern, and central California, and in urban and rural areas of the state. Existing law requires the CDE, to the extent possible, to award ASSETs grants in an equitable distribution to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state (this bill deletes reference to “suburban”). This proposal was a recommendation of the Defining Equity Committee. According to the CDE, the federal government requires a state educational agency to distribute funds equitably among geographic areas within the state, including urban and rural communities.
This bill requires the CDE to allocate funds, regarding the requirement for at least 40% of the total awarded to be for programs serving students in elementary and middle school, and at least 50% total awarded to be fore high schools, to each geographic region by the regional percentage of statewide students who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year. This bill requires each region’s percentage to be determined by dividing the region’s number of students eligible for free or reduced-price meals by the statewide number of students eligible for free or reduced-price meals.
Flexibility. The bill provides more flexibility to ASSETs and ASES grant recipients by allowing programs to change schoolsites within a local educational agency and allowing the restructuring of partnerships. Existing law allows a program to change site due to extreme transportation problems or if participation decreases to fewer than 20 students. This bill will allow a program to change location if a school closes or restructures. According to CDE, grantees sometimes need to change partnerships due to administrative problems, splits in the partnership or due to fraudulent activities. For ASES programs, this bill also authorizes the grade levels to be served to be determined according to local needs.
Family fees. This bill modifies ASES and ASSETs provisions regarding family fees to specifically authorize a program to charge family fees, and require a program to waive or reduce the cost of the fees for students who are eligible for free or reduced-price meals (existing law specifies that programs are not required to charge family fees or to conduct individual eligibility determinations based on need or income).
Fiscal oversight. This bill conforms ASSETs provisions with existing ASES provisions that allow the CDE to terminate grant allocations of any site or program that does not comply with program requirements, including audit resolutions, fiscal reporting, attendance reporting, or outcome reporting as required by the CDE. The bill also adds the authority for CDE to withhold funds to both programs.
Attendance Credit. Currently, program sites that are affected by natural disaster, civil unrest or are in imminent danger can receive attendance credit through approval by the SBE. According to the CDE, the SBE questions this role and prefers to be removed from this process. This bill authorizes the CDE to approve a request by an ASES or ASSETs grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate during those times of crises.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Los Angeles County Office of Education
None received
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, 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, 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
NO VOTE RECORDED: Burke, Jones-Sawyer
8/10/16 16:08:46
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2615
Author: | |||
Version: | April 25, 2016 Hearing Date: June 8, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: After school programs
SUMMARY
This bill makes numerous revisions to the 21st Century High School After School Safety and Enrichment for Teens program, the After School Education and Safety program, and the 21st Century Community Learning Centers (CCLC) program.
BACKGROUND
- 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)
- Establishes the federally funded 21st Century Community Learning Centers (21st Century) contained within the federal No Child Left Behind Act of 2001 to complement the ASES program. Existing law specifies that the requirements of the ASES program apply to the 21st CCLC program with specified exceptions. (EC § 8484.7)
- Establishes the federally funded 21st Century High School After School Safety and Enrichment for Teens (ASSETs) Program to create incentives for establishing locally driven after school enrichment programs between schools and local community organizations serving students from grades 9 through 12. (EC § 8421)
ANALYSIS
ASES
- Modifies the existing authority of the California Department of Education (CDE) to terminate grant allocations by adding noncompliance with audit resolutions as criteria by which grants may be terminated, and modifies the existing authority of the CDE to withhold grant allocations to mirror the criteria by which grants may be terminated.
- Modifies the existing authority for a grantee to request approval from the CDE to transfer program services to another schoolsite if there is a significant barrier to student participation in a program at the school of attendance as follows:
- Adds the requirement that the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive students from, and have been awarded a grant of the same type as the transferring school.
- The schoolsite shall not have a 10-percent lower percentage of students eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the California Department of Education (CDE), shall be considered in evaluating the proposed transfer.
- Prohibits the schoolsite from increasing the funding at the proposed schoolsite above the maximum after school grant amount.
- Modifies the definition of “significant barrier to student participation” by adding “A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of the existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction.”
- Adds the requirement that the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- Modifies the existing authority for the CDE to approve a request by the grantee, if a program is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to students or staff, for students attendance credit equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period (rather than allowing the CDE to recommend and the State Board of Education (SBE) approve).
- Deletes the existing requirement that the CDE, to the extent possible, to award grants in an equitable distribution of applicants in northern, southern, and central California, and in urban, suburban, and rural areas of California.
- Authorizes the fiscal agent to be changed upon approval of the CDE if the new fiscal agent is a local educational agency or public agency partner.
- Authorizes the grades to be served by the program at participating schools to be determined by local needs.
21st Century
- Regarding the requirement for at least 40% of the total awarded to be for programs serving students in elementary and middle school, and at least 50% total awarded to be fore high schools:
- Requires the CDE to allocate funds to each geographic region by the regional percentage of statewide students who are eligible for free or
reduced-price meals reported to the California Department of Education (CDE) for the immediately preceding fiscal year.
- Requires each region’s percentage to be determined by dividing the region’s number of students eligible for free or reduced-price meals by the statewide number of students eligible for free or reduced-price meals.
- Requires each region’s percentage to be determined by dividing the region’s number of students eligible for free or reduced-price meals by the statewide number of students eligible for free or reduced-price meals.
- Requires the CDE, to the extent possible, to award grants in an equitable distribution to applicants in northern, southern, and central California, and in urban and rural areas of the state.
ASSETs
- Authorizes the CDE to withhold or terminate grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the CDE.
- Authorizes the CDE to approve a request by the grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period, if a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to students or staff.
- Authorizes a grantee to request approval from the CDE to transfer program services to another schoolsite within the same local educational agency if there is a significant barrier to student participation in a program at the school of attendance. This bill requires the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive students from, and have been awarded a grant of the same type as the transferring school.
- The schoolsite shall not have a 10-percent lower percentage of students eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the CDE, shall be considered in evaluating the proposed transfer.
- Prohibits the schoolsite from increasing the funding at the proposed schoolsite above the maximum after school grant amount.
- Requires an applicant that requests approval to transfer program services to describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of students; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating students.
- Defines a "significant barrier to student participation" in the before or after school component of a program to mean any of the following:
- Fewer than 20 students participating in the component of the program.
- Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or student dependence on public transportation.
- A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of the existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction.
- Provides that every student attending a school operating a program is eligible to participate in the program, subject to program capacity.
- Deletes reference to “suburban” with regard to the equitable geographic distribution of funds.
ASES and ASSETs
- Authorizes a grantee who receives funds as part of a partnership or consortium to restructure the partnership or consortium if all of the following conditions are met:
- All partners or consortium members agree to the restructure.
- The new consortia or partnership structure, or structures, complies with specified existing administrative and application requirements.
- There is no change in the school, or schools, served by the restructured partnership or consortium.
- The California Department of Education (CDE) agrees to the restructure.
- For the ASES program, authorizes the restructure to occur only at the time of grant renewal.
- All partners or consortium members agree to the restructure.
- Modifies provisions regarding family fees to specifically authorize a program to charge family fees, and require a program to waive or reduce the cost of the fees for students who are eligible for free or reduced-price meals (existing law specifies that programs are not required to charge family fees or to conduct individual eligibility determinations based on need or income).
ASSETs and 21st Century
- Establishes the following definitions:
- “Central California” means California County Superintendents Educational Services Association (CCSESA) regions five to eight.
- “Northern California” means CCSESA regions one to four.
- “Southern California” means CCSESA regions 9 to 11.
- “Urban and rural areas” as defined by the United States Census Bureau.
- “Central California” means California County Superintendents Educational Services Association (CCSESA) regions five to eight.
STAFF COMMENTS
- Need for the bill. According to the author, “Children in rural communities are met with challenges that hinder their ability to grow socially and academically. In a community that faces these types of challenges, an after-school program is oftentimes their only opportunity to better serve their children. However, due to little resources, rural communities have a shortage of programs that would provide for after-school academic assistance and extracurricular activities. Currently, the geographic funding distribution formula does not meet the state and federal requirement that governs the 21st Century Community Learning Centers and Afterschool Safety and Enrichment for Teens funds. The purpose of this measure is to ensure a fair distribution of funding among urban and rural communities.”
- Recent report. In January 2014, the California Department of Education (CDE) released the report A Vision for Expanded Learning in California, which identified four initiatives: system of support, grant administration and policy, communication and information systems, and expanded learning/K-12 integration. Workgroups were subsequently formed for most of the initiatives, including the Defining Equity Committee. That committee released a report in November 2015, containing recommendations, several of which are implemented by this bill. [http://www.caexpandedlearning.com/uploads/2/7/3/3/27335217/defining_equity_recommendations_nov_2015_.pdf]
- Geographical distribution of funds. This bill requires the CDE, to the extent possible, to award 21st Century grants in an equitable distribution to applicants in northern, southern, and central California, and in urban and rural areas of the state. Existing law requires the CDE, to the extent possible, to award After School Safety and Enrichment for Teens grants in an equitable distribution to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state (this bill deletes reference to “suburban”). This proposal was a recommendation of the Defining Equity Committee. According to the CDE, the federal government requires a state educational agency to distribute funds equitably among geographic areas within the state, including urban and rural communities.
This bill establishes definitions of geographic areas of the state using California County Superintendents Educational Services Association (CCSESA) regions.
The link to a map of the California County Superintendents Educational Services Association (CCSESA) regions is as follows:
[http://ccsesa.org/members/region-map/]
This bill requires the California Department of Education (CDE) to allocate funds, regarding the requirement for at least 40% of the total awarded to be for programs serving students in elementary and middle school, and at least 50% total awarded to be fore high schools, to each geographic region by the regional percentage of statewide students who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year. This bill requires each region’s percentage to be determined by dividing the region’s number of students eligible for free or reduced-price meals by the statewide number of students eligible for free or reduced-price meals.
SB 1221 (Hancock, Ch. 370, 2014) included provisions to assist small/rural programs, such as establishing a new minimum grant for After School Education and Safety (ASES), and authorizing transportation funding for ASES programs in an extreme rural census tract.
- Flexibility. The bill provides more flexibility to After School Safety and Enrichment for Teens (ASSETs) and ASES grant recipients by allowing programs to change schoolsites within a local educational agency and allowing the restructuring of partnerships. Existing law allows a program to change site due to extreme transportation problems or if participation decreases to fewer than 20 students. This bill will allow a program to change location if a school closes or restructures. According to CDE, grantees sometimes need to change partnerships due to administrative problems, splits in the partnership or due to fraudulent activities. For ASES programs, the bill also authorizes the grade levels to be served to be determined according to local needs.
- Family fees. This bill modifies ASES and ASSETs provisions regarding family fees to specifically authorize a program to charge family fees, and require a program to waive or reduce the cost of the fees for students who are eligible for free or reduced-price meals (existing law specifies that programs are not required to charge family fees or to conduct individual eligibility determinations based on need or income).
- Fiscal oversight. This bill conforms ASSETs provisions with existing ASES provisions that allow the CDE to terminate grant allocations of any site or program that does not comply with program requirements, including audit resolutions, fiscal reporting, attendance reporting, or outcome reporting as required by the CDE. The bill also adds the authority for CDE to withhold funds to both programs.
- Attendance Credit. Currently, program sites that are affected by natural disaster, civil unrest or are in imminent danger can receive attendance credit through approval by the State Board of Education (SBE). According to the CDE, the SBE questions this role and prefers to be removed from this process. This bill authorizes the California Department of Education (CDE) to approve a request by an After School Education and Safety (ASES) or After School Safety and Enrichment for Teens (ASSETs) grantee for student attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate during those times of crises.
- ASES and 21st Century. Generally, provisions related to ASES also apply to 21st Century, as many provisions for 21st Century are modeled on those for ASES. The only section in this bill that does not apply to 21st Century is § 8483.7.
- Technical amendments. The following technical amendments are recommended by staff:
- Reinsert amendments to § 8483, relating to ASES, that were included in the introduced version of this bill but were inadvertently excluded from subsequent versions of the bill:
(a)(2) It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupilsparticipate and that pupils in middle school or junior high school attend a minimum of nine hours a week and three days a week to accomplish program goalsparticipate except as allowed by the early release policy pursuant to paragraph (1) and section 8483.76(f)(2). - In § 8426.5, relating to ASSETs, modify provisions regarding the definition of a significant barrier to student participation:
(b)(3) A local educational agency opens a new schoolsite and either mergesthe program ofan existing schoolsitewithinto the new schoolsite or splitsthe program ofthe existing schoolsite student with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426. - In § 8482.8, relating to ASES, modify provisions regarding the definition of a significant barrier to student participation:
(b)(3) A local educational agency opens a new schoolsite and either mergesthe program ofan existing schoolsitewithinto the new schoolsite or splitsthe program ofan existing schoolsite students with the new schoolsite so that the existing schoolsite before or after school component is subject to a grant reduction pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7 - In § 8482.8, relating to ASES, clarify language regarding transferring program services to another schoolsite, and modify language regarding merging or splitting of schoolsites:
(a)(1)(A) The schoolsite shall agree to receive pupils from, and have an existing grant of the same type as, the transferring schoolof attendance with the pupil participation barrier.of attendance with the pupil participation barrier.If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer. - In § 8426(a)(4), relating to ASSETs, align to provisions for ASES program that authorize the restructure of a partnership or consortium to occur only at the time of grant renewal.
- Reinsert amendments to § 8483, relating to ASES, that were included in the introduced version of this bill but were inadvertently excluded from subsequent versions of the bill:
- Fiscal impact. According to the Assembly Appropriations Committee analysis, this bill would have minor/absorbable costs to the California Department of Education (CDE) to update the Request for Application for new grant awards, calculate funding for each region, and provide program assistance and guidance to the field. Changes to the distribution of funds based on geographical regions may result in different funding amounts for certain grantees than they had received in prior years. CDE notes, however, that the changes proposed by this bill will be implemented with a new round of grant funding. The bill also does not result in overall increases to the program.
- Related legislation. AB 1567 (Campos) provides homeless students and students who are in foster care with 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. AB 1567 is pending on the Assembly Floor.
SB 645 (Hancock) authorized an After School Education and Safety program to suspend operation for up to five days in a fiscal year beginning January 1, 2016. SB 645 was held in the Assembly Appropriations Committee.
SUPPORT
California State PTA
Los Angeles County Office of Education
Superintendent of Public Instruction Tom Torlakson
OPPOSITION
None received.
-- END --
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2615
Author:(Wood) – As Amended Ver:April 25, 2016
Policy Committee: | Education | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill makes a number of changes to both the to the 21st Century High School After School Safety and Enrichment for Teens (ASSETs) program and the After School Education and Safety program (ASES), including allocating funds by geographical regions. Specifically, this bill:
- Continues to authorize providers to charge a family fee, however, requires providers that choose to charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
- Authorizes a grantee who receives funds as part of a partnership or consortium to restructure the partnership or consortium if certain conditions exist, including agreement with all involved and approval by the California Department of Education (CDE).
- Authorizes an ASSETS grantee, consistent with existing policy for ASES programs, to request approval from the CDE to transfer program services to another schoolsite if there is a significant barrier to pupil participation (such as low participation rates or transportation barriers) in a program within the same local educational agency (LEA). Also allows ASSETs and ASES programs to transfer program services, contingent upon CDE approval, to address significant program operation barriers due to an opening of a new school site.
- Requires, for ASES grantees, the CDE to allocate funds to each geographic region by the regional percentage of statewide pupils who are eligible for free or reduced-price meals, as specified.
- Authorizes CDE, consistent with existing law for ASES programs, to withhold or terminate an ASSETs grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the CDE.
- Authorizes the CDE, consistent with existing law for the ASEs programs, to approve grantee requests for pupil attendance credits, as specified, in the event a program is temporarily prevented from operating due to natural disaster, civil unrest, or imminent danger to pupils or staff.
- Authorizes an ASES program to determine the grades to be served at participating schools based on local needs.
FISCAL EFFECT:
Minor/absorbable costs to the California Department of Education to update the Request for Application for new grant awards, calculate funding for each region, and provide program assistance and guidance to the field. Changes to the distribution of funds based on geographical regions may result in different funding amounts for certain grantees than they had received in prior years. CDE notes, however, that the changes proposed by this bill will be implemented with a new round of grant funding. The bill also does not result in overall increases to the program.
COMMENTS:
- Purpose. This bill is sponsored by the Superintendent of Public Instruction (SPI) to ensure a fair geographic distribution of expanded learning funds to more closely align with the federal requirements that govern the distribution of 21st Century Community Learning Centers (CCLC) and after School Safety and Enrichment for Teens (ASSETs) program funds. This bill implements recommendations made by a November 2015 strategic plan (A Vision for Expanded Learning in California) developed by the CDE and education stakeholders.
- Background. There are approximately 4,490 after school programs that serve roughly 400,000 kindergarten through grade 9 students. The state provides a continuous appropriation of $550 million for state ASES programs. The state also receives approximately $130 million annually in federal funds for the 21st CCLC program, which provides funding for before and after school activities to pupils in kindergarten through grade 12, and the ASSETs program for high school pupils. The state has chosen to implement these programs almost identical to the state's ASES program.
According to the CDE, the federal government requires states to distribute funds equitably among geographic areas within the state, including urban and rural communities. Current law requires, to the extent possible, the equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban and rural areas of the state.
According to CDE, under the current structure, districts in some areas, particularly rural areas, are reluctant to submit applications because they do not believe they have the capacity to be competitive. Regional competition enables these districts to compete in a smaller pool. This bill proposes to modify this further by dividing the state into three regions utilizing the California County Superintendents Educational Services Association (CCSESA) regions.
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 2615 (
Author:Wood) – As Amended Ver:April 5, 2016
SUBJECT: After school programs
SUMMARY: Makes a number of revisions to the 21st Century High School After School Safety and Enrichment for Teens program (ASSETs), the After School Education and Safety program (ASES), and the 21st Century Community Learning Centers (21st CCLC) program. Specifically, this bill:
Changes to the ASSETs and ASES programs:
- Authorizes a grantee who receives funds as part of a partnership or consortium to restructure the partnership or consortium if all of the following conditions are met:
- All partners or consortium members agree to the restructure.
- The new consortia or partnership structure, or structures, complies with specified administrative and application requirements.
- There is no change in the school, or schools, served by the restructured partnership or consortium.
- The California Department of Education (CDE) agrees to the restructure.
- Provides that every pupil attending a school operating a program is eligible to participate in the program, subject to program capacity. Authorizes a program to charge family fees, but requires a program to waive or reduce the cost of the fees for pupils eligible for free or reduced-price meals.
- Authorizes a grantee to request approval from the CDE to transfer program services to another schoolsite if there is a significant barrier to pupil participation in a program within the same local educational agency. Requires the schoolsite to which the program will be transferred to satisfy either of the following requirements:
- The schoolsite shall receive pupils from, and have a grant of the same type awarded as the transferring school.
- The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the CDE, shall be considered in evaluating the proposed transfer.
- Provides that the schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
- Specifies that a "significant barrier to pupil participation" in the before or after school component of a program means any of the following:
- Fewer than 20 pupils participating in the component of the program.
- Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation.
- A local educational agency opens a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of the existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction.
- Establishes the following definitions:
- “Central California” means California County Superintendents Educational Services Association (CCSESA) regions five to eight, inclusive.
- “Northern California” means CCSESA regions one to four, inclusive.
- “Southern California” means CCSESA regions 9 to 11, inclusive.
- “Urban and rural areas” shall be as defined by the United States Census Bureau.
- Requires the CDE to allocate funds to each geographic region by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year. Each region’s percentage shall be determined by dividing the region’s number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
Changes to the ASSETs program:
- Authorizes the CDE to withhold or terminate grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the CDE.
- Specifies that if a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the CDE may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.
Changes to the ASES program:
- Authorizes the grades to be served by the program at participating schools to be determined by local needs.
- Adds, as a barrier to pupil participation, a local educational agency opening a new schoolsite and either merges the program of an existing schoolsite with the new schoolsite or splits the program of an existing schoolsite with the new schoolsite so that the existing schoolsite is subject to a grant reduction.
EXISTING LAW:
- Establishes the ASES program through the 2002 voter approved initiative, Proposition 49. The ASES program funds the establishment of local before and 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 (EC) Section 8482).
- Establishes the 21st CCLC contained within the federal No Child Left Behind Act of 2001 to complement the ASES program. Specifies that the requirements of the ASES program apply to the 21st CCLC program with specified exceptions. (EC 8484.7)
- Establishes the 21st Century ASSETs Program to create incentives for establishing locally driven after school enrichment programs between schools and local community organizations serving pupils from grades 9 through 12. (EC Section 8421)
FISCAL EFFECT: Unknown
COMMENTS: ASES program. The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for kindergarten through grade 9 students. In FY 2015-16, 555 school districts and county offices of education operated ASES programs serving approximately 405,000 students. Local governments and nonprofit organizations working in partnership with local educational agencies may also apply for funding. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Grants, last adjusted in 2006, are provided in three one-year increments with maximum grants at $112,500 per year for elementary schools, $150,000 per year for middle or junior high schools based on a per pupil amount of $7.50 per day of pupil attendance, and $7.50 per pupil per day for staff development, with a maximum of three staff development days per year. Priority for funding goes to schools where at least 50% of the pupils are eligible for free- or reduced-priced 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 afterschool 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. ASES grantees can request summer grants (previously called supplemental grants) in order to operate for more than 180 days or to operate during summer, intersession or vacation.
21st ASSETs and CCLC. In addition to the funds generated by Proposition 49, the state also receives approximately $130 million annually in federal funds for the 21st CCLC program, which provides funding for before and after school activities to pupils in kindergarten through grade 12, and the ASSETs program for high school pupils. The state has chosen to implement these programs almost identical to the state's ASES program.
This bill is sponsored by the Superintendent of Public Instruction and makes a number of revisions to the state and federal programs. Major provisions include the following:
Geographical distribution of funds. This proposal was a recommendation of the Expanding Learning Defining Equity Committee established by the Superintendent of Public Instruction and is intended to apply to the federal 21st CCLC and ASSETs programs only. According to the CDE, the federal government requires a state educational agency to distribute funds equitably among geographic areas within the state, including urban and rural communities. The Education Code provides that to the extent possible, grantees shall result in equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban and rural areas of the state.
This bill divides the state into three regions utilizing CCSESA's service regions for awarding funds. CCSESA is a statewide organization representing county superintendents of schools. The CCSESA's Internet Web site states, "Through a system of 11 service regions, CCSESA provides the organizational mechanism for the 58 County Superintendents of Schools to design and implement statewide programs to identify and promote quality cost-effective educational practices and services, and provide support to school districts." Based on the regions specified in the bill, the three regions will be comprised of counties as follows:
Central California: Santa Cruz, Santa Clara, San Benito, Monterey, San Joaquin, Amador, Calaveras, Stanislaus, Tuolumne, Merced, Mariposa Madera, Fresno, Kings, Tulare, San Luis Obispo, Kern, Santa Barbara and Ventura.
Northern California: Humboldt, Mendocino, Lake, Sonoma, Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Glenn, Butte, Plumas, Colusa, Sutter, Yuba, Sierra, Yolo, Sacramento, Nevada, Alpine, Placer, El Dorado, Napa, Solano, Marin, San Francisco, Contra Costa, Alameda, and San Mateo.
Southern California: Orange, San Diego, Imperial, Riverside, San Bernardino, Inyo, Mono, and Los Angeles.
The bill requires federal funds to be divided according to the percentage of students eligible for free and reduced-price meals programs located in each region. Applicants will then vie for funding against other applicants in their respective regions. The CDE states that under the current process, districts in some areas, particularly rural areas, are reluctant to submit applications because they do not believe they have the capacity to be competitive. Regional competition enables these districts to compete in a smaller pool.
Staff recommends correcting a drafting error that placed the geographical regions provision in the ASES program instead of the 21st CCLC program and making conforming corrections in the 21st CCLC program language.
Providing flexibility. The bill provides more flexibility to ASSETs and ASES grant recipients by allowing programs to change schoolsites within a local educational agency and allowing the restructuring of partnerships awarded the funds. Current law allows a program to change site due to extreme transportation problems or if participation decreases to fewer than 20 students. This bill will allow a program to change location if a school closes or restructures. According to CDE, grantees sometimes need to change partnerships due to administrative problems, splits in the partnership or due to fraudulent activities. For ASES programs, the bill also authorizes the grades levels to be served to be determined according to local needs.
Family fees. Current law specifies that a program is not required to charge family fees. This bill, instead, makes collection of fees permissive, but requires programs to either waive or reduce fees for families with pupils eligible for free and reduced-price meals. This provision applies to both the ASSETs and ASES programs. The author may wish to consider whether fees should be standardized on a statewide level.
Fiscal oversight. This bill conforms the ASSETs program to the ASES program that allows the CDE to terminate grant allocation of any site or program that does not comply with program requirements, including audit resolutions, fiscal reporting, attendance reporting, or outcome reporting as required by the CDE. The bill also adds the authority for CDE to withhold funds to both programs.
Attendance Credit. Currently, program sites that are affected by natural disaster, civil unrest or are in imminent danger can receive attendance credit through approval by the State Board of Education (SBE). According to the CDE, the SBE questions this role and prefers to be removed from this process. This bill will allow the CDE to approve a request by a grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate during those times of crises. This provision applies to the ASSETs program only. The ASES program allows the CDE to recommend and the SBE to approve the attendance credit. Staff recommends making a similar change in the ASES program authorizing the CDE to approve attendance credits.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Senate Floor
4MIN
Senate Standing Committee on Education
Bill Author
Bill Co-Author(s):