BILL NUMBER: SB 1058 CHAPTERED 10/05/01 CHAPTER 541 FILED WITH SECRETARY OF STATE OCTOBER 5, 2001 APPROVED BY GOVERNOR OCTOBER 4, 2001 PASSED THE SENATE SEPTEMBER 14, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 AMENDED IN ASSEMBLY SEPTEMBER 10, 2001 AMENDED IN SENATE MAY 9, 2001 INTRODUCED BY Senator Escutia (Coauthors: Senators Alarcon and Chesbro) (Coauthor: Assembly Member Firebaugh) FEBRUARY 23, 2001 An act to add and repeal Chapter 6.7 (commencing with Section 8920) of Part 6 of the Education Code, relating to teenage pregnancy prevention. LEGISLATIVE COUNSEL'S DIGEST SB 1058, Escutia. Teenage Pregnancy Prevention Grant Program. Provisions of law that were repealed by their own terms on July 1, 2001, established a teenage pregnancy prevention program, targeted at pupils in elementary and secondary schools. This bill would reenact and recast those provisions, would make those provisions inoperative on July 1, 2003, and would repeal them as of January 1, 2004. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 6.7 (commencing with Section 8920) is added to Part 6 of the Education Code, to read: CHAPTER 6.7. TEENAGE PREGNANCY PREVENTION GRANT PROGRAM Article 1. General Provisions and Definitions 8920. It is the intent of the Legislature in implementing the Teenage Pregnancy Prevention Grant Program to reduce the incidence of pregnancy for children and youth at high risk of pregnancy and childbearing during the teenage years by instituting a competitive grant program targeted at pupils in elementary and secondary schools. 8921. For purposes of this chapter, the following definitions apply: (a) "Council" means the Healthy Start Support Services for Children Program Council established under Section 8803. This state interagency council is responsible for reviewing the Teenage Pregnancy Prevention Grant Program applications and any other duties imposed on the interagency council pursuant to this chapter. (b) "Lead agency" means the State Department of Education. (c) "Local educational agency" means a school district or county office of education. (d) "Local collaborative partner" means an agency or organization in the community that agrees to actively participate in implementing the grant and in helping to achieve the proposed pupil results. (e) "Superintendent" means the Superintendent of Public Instruction. 8922. This chapter shall become inoperative on July 1, 2003, and, as of January 1, 2004, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2004, deletes or extends the dates on which it becomes inoperative and is repealed. Article 2. Superintendent's and Council's Duties 8923. (a) In order to encourage the integration of teenage pregnancy prevention and intervention services, the superintendent shall collaborate with the council to coordinate services under this chapter with other pregnancy prevention programs. (b) The duties of the council shall include the following: (1) Developing, promoting, and implementing policy affecting the Teenage Pregnancy Prevention Grant Program. (2) Reviewing grant applications submitted to the lead agency and providing the lead agency with recommendations for awarding grants as specified in Section 8925. (3) Soliciting input regarding program policy and direction from individuals and entities with experience in teenage pregnancy prevention and the integration of children's services. (4) Assisting the lead agency in fulfilling its responsibilities under this chapter. (5) Providing recommendations to the Governor, the Legislature, and the lead agency regarding the Teenage Pregnancy Prevention Grant Program. (6) At the request of the superintendent, assisting the local educational agency in planning and implementing this grant program, including assisting with local advocacy and problem solving, and developing agency collaboration. (7) Providing staff for technical assistance to local education agencies. Technical assistance may include providing information dissemination and referrals, including information about effective pregnancy prevention and intervention services strategies, conducting site visits, and convening workshops to assist in the implementation of a program developed pursuant to this chapter. Article 3. Teenage Pregnancy Prevention Grant Program 8924. (a) The Legislature hereby establishes the Teenage Pregnancy Prevention Grant Program designed for pupils in elementary and secondary schools. (b) The superintendent shall award grants based upon the recommendations of the council. (c) Grants shall be awarded for a period not to exceed five years of program operation. (d) Grant amounts awarded by the superintendent, in consultation with the council, shall be based on the benchmark of two hundred dollars ($200) per youth, per year. However, each grant amount shall be determined based on the individual program, taking into account the following factors: (1) The number of youths served. (2) The kinds of support and educational services provided to the youths. (3) The number of paid personnel and consultants necessary for the program. (4) The training costs for the providers. (5) Printing and promotion costs. (6) Evaluation costs. (7) Other direct costs, such as insurance, telephone, space, and photocopying. (8) Whether parents or guardians are included in the grant. (e) Grants may include one-time startup costs. (f) Startup and ongoing grant awards may be used for, among other things, purchasing equipment and supplies, hiring staff, designing a program evaluation, or hiring a consultant. (g) All local programs funded through the Teenage Pregnancy Prevention Grant Program shall meet the following criteria: (1) Be modeled after existing strategies designed for pupils in elementary and secondary schools that have been proven effective in delaying the onset of sexual activity and reducing the incidence of pregnancy among schoolage youth. The best method for an applicant for an initial or subsequent grant to show effectiveness is through presentation of persuasive evaluation data for the model or existing program. Examples of strategies found to be effective in delaying the onset of sexual activity and reducing pregnancy among schoolage youth include utilizing case management, providing age-appropriate health education including abstinence education, increasing the sense of a positive future, raising self-esteem, and providing opportunity for improving decisionmaking and goal setting skills. (2) Have demonstrated readiness to begin operation of a program or expand an existing teen pregnancy prevention program. (h) To the extent possible, in awarding grants the superintendent shall give consideration to program applicants that meet one or more of the following criteria: (1) Are located in counties with the highest teenage birthrates, or are located in geographical areas defined by ZIP Codes in which there are high teenage birthrates. (2) Will target youth before they become sexually active. (3) Will target youth with demonstrated risk factors, including youth living in poverty, youth that have low basic skills and academic achievement, youth that have siblings or a parent who was a teenage parent, youth that engage in multiple high-risk behaviors such as alcohol use, drug use, and sexual activity, youth having low self-esteem, youth participating in sexual activity with adult men, and youth that have been sexually victimized. (4) Are programs that are age-appropriate, and culturally and community sensitive for the target population. 8925. (a) Each local educational agency interested in being awarded a grant under this article shall submit an application to the superintendent at a time and manner, and with any appropriate information, as the superintendent may reasonably require. (b) Each grant application submitted shall include all of the following: (1) A description of the proposed program plan. (2) Documentation of the need for program operation support. (3) A description of the program goals and objectives. (4) A description of the proposed program, including the target population. (5) Documentation of the effectiveness of the strategies upon which the proposed or ongoing program is based. (6) A budget, including the amount of the requested funding and existing resources to be used or redirected. (7) Agencies responsible for the implementation of the program. (8) A procedure for the evaluation of the program. (9) A description of the governing mechanism by which the program will be implemented, including local decisionmaking responsibilities and parental involvement, organizational needs, anticipated problems and procedures to solve them, and incentives for collaboration and participation incentives to personnel. (c) The program plan shall include all of the following: (1) Provisions for data collection and recordkeeping, including records of the population served, the components of the service, the results of the service, and costs, including startup, direct and indirect costs, such as costs incurred by other agencies, and cost savings, if any. (2) A service evaluation component, including input, process, and outcome indicators, quality assessment, and the process by which these measures will be taken. The program plan shall target youth at high risk of teenage childbearing or parenting, and shall keep track of all the following long-term outcome measures for the youth participating in the program, to the extent possible: (A) Any reduction in teenage birthrates. (B) Any increase in high school completion rates. Article 4. Fiscal Provisions 8926. (a) It is the intent of the Legislature that the superintendent, in consultation with the council, seek and utilize any federal funds that may be made available for the purposes of this chapter. (b) Other funds appropriated by the Legislature to the superintendent for purposes of the Teenage Pregnancy Prevention Grant Program shall be allocated by the superintendent to local educational agencies that have been selected to participate in the grant program pursuant to subdivision (d) of Section 8924. Notwithstanding any other provision of law, any amount not allocated during a fiscal year may be carried over to the subsequent fiscal year. (c) To the extent permitted by federal law, any funding made available to a local educational agency shall be subject to all of the following conditions: (1) The program is open to youth without regard to any pupil's religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space in which the program is operated is not used in any manner to foster religion during the time used for operation of the program. (4) The funds are not used for condom distribution.