BILL NUMBER: SB 638 CHAPTERED
BILL TEXT
CHAPTER 380
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2006
APPROVED BY GOVERNOR SEPTEMBER 21, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 30, 2006
AMENDED IN ASSEMBLY AUGUST 29, 2006
AMENDED IN ASSEMBLY AUGUST 23, 2006
AMENDED IN ASSEMBLY AUGUST 14, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN ASSEMBLY MAY 24, 2006
AMENDED IN ASSEMBLY MAY 3, 2006
AMENDED IN ASSEMBLY FEBRUARY 21, 2006
AMENDED IN ASSEMBLY JUNE 2, 2005
INTRODUCED BY Senators Torlakson and Ashburn
(Coauthors: Senators Alquist, Denham, Lowenthal, Romero, Simitian,
and Soto)
(Coauthors: Assembly Members Chan, Goldberg, Hancock, Pavley, and
Saldana)
FEBRUARY 22, 2005
An act to amend Sections 8421, 8422, 8423, 8425, 8426, 8427, 8428,
8482.3, 8482.55, 8483, 8483.1, 8483.2, 8483.3, 8483.55, 8483.75,
8484, 8484.8, and 8484.9 of, to add Sections 8421.5 and 8482.4 to,
and to repeal and amend Sections 8482.5 and 8483.7 of, the Education
Code, relating to before and after school programs, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 638, Torlakson Before and after school programs.
(1) Existing law, the 21st Century High School After School Safety
and Enrichment for Teens program (ASSETs act), provides that the
purpose of the program is to create incentives for establishing
locally driven after school enrichment programs that partner schools
and communities to provide academic support and safe, constructive
alternatives for high school pupils in the hours after the regular
schoolday. The ASSETs act, commencing with the 2006 -07 fiscal year,
requires a program to comply with the State Department of Education's
requirements for hours and days of program operation. Existing law
requires an applicant for a grant to run a program pursuant to the
ASSETs act to meet specified requirements.
This bill would provide that an additional purpose of the program
is to assist pupils in passing the high school exit examination. The
bill would require a program to operate for a minimum of 15 hours per
week. The bill would revise the requirements that a grant applicant
is required to meet.
The bill would require the department to provide notice to schools
eligible for grants, as specified, and would impose additional
requirements on the department with respect to review of grant
applications. The bill would require a specified committee to make
recommendations to the department and the Legislature with respect to
reporting requirements for high school programs operating pursuant
to the ASSETs act, as specified. The bill would require the
department to review the recommendations and present them to the
State Board of Education, and would require the state board to adopt
regulations for program evaluation and review, as specified.
(2) The ASSETs act imposes requirements for priority funding, and
requires the department to consider specified criteria in awarding
grants pursuant to the ASSETs act.
This bill would revise those priorities and criteria.
(3) The ASSETs act provides that a grantee that establishes a
program pursuant to the ASSETs act is eligible to receive a 5-year
grant, subject to annual reporting and recertification as required by
the department, for upfront payments of up to $250,000 per year per
program.
This bill, instead, would provide that a grantee that establishes
a program is eligible for a 5-year grant of up to $250,000 per year
per site in a program, subject to semi-annual attendance reporting,
as specified. The bill would impose additional requirements on the
department and recipients, with respect to the grants.
(4) The ASSETs act requires a high school after school program
established pursuant to the ASSETs act to submit to the department
annual outcome-based data for evaluation, as specified.
This bill would revise and increase the amount of data that is
required to be submitted.
(5) The bill would make additional, related changes to the ASSETs
act.
(6) Existing law, the After School Education and Safety Program
Act of 2002 (existing act), enacted by initiative statute,
establishes the After School Education and Safety Program to serve
pupils in kindergarten and grades 1 to 9, inclusive, at participating
public elementary, middle, junior high, and charter schools. The
existing act provides a formula for determining an amount to be
continuously appropriated from the General Fund to the department for
purposes of the program.
The existing act imposes requirements on applicants for grants
made pursuant to the existing act, with respect to their applications
and the programs receiving grants pursuant to the applications.
This bill would substantially revise those requirements.
The bill would require the department to review applications
submitted pursuant to the existing act to determine whether specified
requirements have been met, and would require the department to use
specified formulas to determine the appropriate grant amount. The
bill would impose requirements on the department with respect to
timing of grants and grant notifications. The bill would require the
department to provide notice to schools eligible for grants, as
specified. The bill would also impose certain other related
requirements concerning grant awards.
The bill would require a specified committee to submit to the
department recommendations on reporting requirements, as specified,
and would require the department to review the recommendations and
present them to the state board, as specified. The bill would require
the state board to adopt requirements for program evaluation and
review, as specified.
(7) The existing act requires that grants made to public schools
under the program for the 2003-04 fiscal year continue to be funded
in each subsequent fiscal year at the 2003-04 fiscal year level
before any other grants are funded under the act, if those schools
continue to make application for the grants and are otherwise
qualified under the act. The existing act imposes grant maximums for
after school programs, as specified.
This bill, additionally, would give priority to recipients of
grants made during the 2006-07 grant year under a specified provision
of existing law that the bill would modify, relating to community
learning centers, as specified. The bill would provide an exception
to grant maximums, as specified, for a recipient of such a grant. The
bill would increase grant maximums for after school programs, as
specified.
(8) The existing act exempts the grants described in (7) above
from a requirement that priority for funding under the act be given
to schools where a minimum of 50% of the pupils in elementary schools
and 50% of the pupils in middle and junior high schools are eligible
for free and reduced-price meals through the school lunch program of
the United States Department of Agriculture.
This bill would delete that exemption.
(9) The existing act requires a before school component of a
program to begin at or before 6:00 a.m. or 2 hours before the
beginning of a regular schoolday, but authorizes a program to operate
less than 2 hours, but no less than 1 1/2 hours, per regular
schoolday. The existing act provides that a school is not eligible to
receive funds for a pupil who attends less than 1/2 of the daily
program hours.
This bill would delete the requirement that a before school
component of a program begin at or before 6:00 a.m. or 2 hours before
the beginning of a regular schoolday. The bill, instead of providing
for that ineligibility in (8) above, would prohibit a pupil who
attends less than 1/2 of the daily program hours from being counted
for the purposes of attendance. The bill would require a before
school component of a program to offer a breakfast meal, as
specified.
(10) The existing act requires a program electing to operate both
a before and after school component of a program for the same pupils
during specified periods to operate these programs for a minimum of 5
hours per day, as specified.
This bill would reduce that amount of time to 41/2 hours per day.
(11) The existing act requires the department to consider
specified criteria when selecting schools to participate in the
program, as specified.
This bill would modify those criteria.
(12) The existing act provides a formula for determining an amount
to be continuously appropriated from the General Fund to the
department for purposes of the program. The existing act allows the
department to spend 1.5% of the appropriated funds to cover
evaluation costs, to provide training and support, and to pay its
costs of awarding and monitoring grants.
This bill would provide that, beginning with the 2006-07 fiscal
year, 1.5% of the funds appropriated are to be made available to the
department for purposes of providing technical assistance,
evaluation, and training services, and for providing local assistance
funds to support program improvement and technical assistance. The
bill would require that the training and support provided by the
department include, but not be limited to, the development and
distribution of voluntary guidelines for physical activity programs,
as specified. The bill would require the department to contract for
an independent statewide evaluation of the programs funded pursuant
to the existing act to be prepared and submitted to the Legislature
and the Governor, as specified.
(13) The existing act requires that all funds remaining from the
continuous appropriation after certain grants have been funded to be
distributed as 3-year renewable incentive grants under certain
provisions of existing law. The existing act provides that a school
that receives one of those grants is subject to annual reporting and
recertification as required by the department.
This bill would revise the funding formulas and maximums for the
grants, and provide that a school is subject to semiannual
attendance, rather than annual, reporting and requirements once every
3 years, as provided. The bill would authorize the department to
adjust the amount of a direct grant, awarded to a new applicant
pursuant to those provisions, on the basis of the program start date,
as determined by the department.
The bill would authorize and require the department to reduce
grant amounts for reasons related to attendance, as specified, and
authorize the department to terminate the grant for a site or program
that does not comply with specified reporting requirements, fails to
demonstrate measurable program outcomes, as specified, or has a
specified attendance level. The bill would impose priority
requirements for the grants and would revise matching fund
requirements.
(14) The existing act provides that a school with a certain before
school program is eligible for a 3-year renewable grant, that is
subject to annual reporting. The existing act provides that the
school receiving the grant may choose one of 2 funding formulas for
the grant.
This bill would provide that a school is subject to semiannual
attendance, rather than annual, reporting, and would revise the
funding formulas and maximums for the grants. The bill would revise
matching fund requirements.
(15) The existing act requires programs to submit annual
outcome-based data for evaluation, as specified.
This bill would modify and specify the data required to be
submitted.
(16) Existing law provides for the funding of specified community
learning center programs.
This bill would revise the amounts required to be made available
for those programs.
(17) The bill would make additional, related changes to the
existing act.
(18) Because this bill would make money that is continuously
appropriated specifically available for these new purposes, the bill
would make an appropriation.
(19) The existing act authorizes the Legislature to amend certain
of its provisions to further its purposes by majority vote of each
house.
Certain other provisions of the existing act relating to funding
priorities, as described in (7) above, may be amended by the
Legislature only by a 2/3 vote of each house and signed by the
Governor if the amendment furthers the purposes of the act.
This bill would set forth a legislative finding and declaration
that the proposed amendments further the purposes of the existing
act.
(20) This bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8421 of the Education Code is amended to read:
8421. There is hereby established the 21st Century High School
After School Safety and Enrichment for Teens program. The purpose of
the program is to create incentives for establishing locally driven
after school enrichment programs that partner schools and communities
to provide academic support and safe, constructive alternatives for
high school pupils in the hours after the regular schoolday, and that
may assist pupils in passing the high school exit examination
required for high school graduation pursuant to Chapter 9 (commencing
with Section 60850) of Part 33 for public school programs.
(a) High school after school programs shall serve pupils in grades
9 to 12, inclusive.
(b) A high school after school program established pursuant to
this article shall consist of the following two elements:
(1) An academic assistance element that shall include, but need
not be limited to, at least one of the following: preparation for
the high school exit examination, tutoring, homework assistance, or
college preparation, including information about the Cal Grant
Program established pursuant to Article 3 (commencing with Section
69530) of Chapter 2 of Part 42. The assistance shall be aligned with
the regular academic programs of the pupils.
(2) An enrichment element that may include, but need not be
limited to, community service, career and technical education, job
readiness, opportunities for mentoring and tutoring younger pupils,
service learning, arts, computer and technology training, physical
fitness, and recreation activities.
(c) A program shall operate for a minimum of 15 hours per week.
(d) An entity may operate programs on one or multiple sites. If an
entity plans to operate programs at multiple sites, only one
application is required.
(e) A program may operate on a schoolsite or on another site
approved by the department during the grant application process. A
program located off school grounds shall not be approved unless both
of the following criteria are met:
(1) Safe transportation is available to transport participating
pupils if necessary.
(2) The program is at least as available and accessible as similar
programs conducted on schoolsites.
(f) Applicants for grants pursuant to this article shall ensure
that all of the following requirements are fulfilled, if applicable:
(1) The application includes a description of the activities that
will be available for pupils and lists the program hours.
(2) The application includes an estimate of the following:
(A) The number of pupils expected to attend the program on a
regular basis.
(B) The average hours of attendance per pupil.
(C) The percentage of pupils expected to attend the program less
than three days a week, three days a week, and more than three days a
week, for each quarter or semester during the grant period.
(3) The application documents the commitments of each partner to
operate a program at a location or locations that are safe and
accessible to participating pupils.
(4) The application certifies that pupils were involved in the
design of the program and describes the extent of that involvement.
(5) The application identifies federal, state, and local programs
that will be combined or coordinated with the high school after
school program for the most effective use of public resources, and
describes a plan for implementing the high school after school
program beyond federal grant funding.
(6) The application has been approved by the school district, or
the charter school governing board, and the principal of each
participating school for each schoolsite or other site.
(7) The application includes a certification that the applicant
has complied with the requirement in subdivision (b) of Section 8422.
(8) The application includes a certification that each applicant
or partner in the application agrees to do all of the following:
(A) Assume responsibility for the quality of the program.
(B) Follow all fiscal reporting and auditing standards required by
the department.
(C) Provide the following information on participating pupils to
the department:
(i) Schoolday attendance rates.
(ii) Pupil test scores from the Standardized Testing and Reporting
Program established under Section 60640, reflecting achievement in
the areas addressed by required program elements, if assessments have
been established in that area.
(iii) Pupil achievement on the high school exit exam as
applicable.
(iv) Program attendance.
(D) Acknowledge that program evaluations will be based upon the
criteria in Section 8427.
(9) Certify that the applicant has complied with all federal
requirements in preparing and submitting the application.
(g) The department shall not establish minimum attendance
requirements for individual pupils.
(h) It is the intent of the Legislature, that to the extent
possible, the department require applicants to submit the information
required by this section in a short and concise manner.
SEC. 2. Section 8421.5 is added to the Education Code, to read:
8421.5. (a) (1) The department shall provide notice to all
schools eligible for grants under this article of the availability of
those grants as well as the application process.
(2) The department shall make the application available through
its Internet Web site. The department shall periodically review the
applications on a competitive basis for funding on dates determined
by the department.
(b) The department shall review all applications for their
inclusion of the requirements of subdivision (f) of Section 8421 and
Section 8423.
(c) (1) The department shall review those recommendations made by
the Advisory Committee on Before and After School Programs pursuant
to subparagraph (A) of paragraph (4) of subdivision (h) of Section
8484.9 and present them to the state board on or before May 30, 2007.
(2) The state board shall adopt requirements for program
evaluation and review on or before August 1, 2007.
SEC. 3. Section 8422 of the Education Code is amended to read:
8422. (a) Priority for funding pursuant to this article shall be
given to programs that:
(1) Serve pupils attending a school whose most recent score on the
Academic Performance Index ranks the school in the lowest 3 deciles.
(2) 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 and demonstrated other positive outcomes regarding,
but not limited to, performance on the high school exit examination,
graduation rates, schoolday attendance, and positive behavioral
changes.
(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) A program established pursuant to this article is not required
to charge family fees or to conduct individual eligibility
determination based on need or income.
(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. 4. Section 8423 of the Education Code is amended to read:
8423. (a) 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.
(b) The department shall consider the following criteria in
awarding grants:
(1) Strength of the educational element and alignment 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 and a physical activity
element.
(4) That the program will meet all of the evaluation requirements.
(5) Fiscal accountability.
SEC. 5. Section 8425 of the Education Code is amended to read:
8425. The department shall implement this program only to the
extent that federal funds are appropriated by the Legislature for
purposes of the program. It is the intent of the Legislature that
available federal funds be appropriated annually for the program
established pursuant to this article, through the annual Budget Act.
(a) Of the funds appropriated for the program in the first year,
two hundred fifty thousand dollars ($250,000) shall be allocated to
the department to conduct a three-year evaluation of the programs
established pursuant to this article and to make recommendations for
future program expansion. The recommendations shall be provided to
the state board and the Legislature on or before July 1, 2007.
(b) The department may spend up to 3 percent of the funds
appropriated for purposes of this article to provide training by
qualified and experienced personnel, to convene regular meetings
among grantees, and to ensure quality program implementation and
sustainability, including unscheduled site visits.
SEC. 6. 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 grantee's 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 year's
annual grant award for each core grant recipient may be utilized 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 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.
(C) If the grantee fails in three consecutive years to demonstrate
improved academic achievement among participating pupils as measured
by data collected under paragraph (8) of subdivision (f) of Section
8421.
(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 provision of 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.
SEC. 7. 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, including research-based indicators and
measurable pupil outcomes including, but not limited to, academic
performance, school attendance, positive behavioral changes, and, to
the extent possible, performance on the high school exit examination
and graduation rates.
(1) To demonstrate program effectiveness, grantees shall submit
all of the following:
(A) Participating pupil schoolday attendance on an annual basis.
(B) Program attendance on a semi-annual basis.
(2) To demonstrate program effectiveness based upon individual
program focus, programs shall select one or more of the following
measures to be used for at least three consecutive years and
submitted annually:
(A) Positive behavioral changes, as reported by schoolday or after
school teachers.
(B) Pupil performance on the high school exit examination and
graduation rates.
(C) Pupil performance on the Standardized Testing and Reporting
(STAR) Program test.
(D) Homework completion rates.
(E) Skill development consistent with the program elements, as
reported by schoolday or after school teachers.
(F) The department may develop additional measures to demonstrate
program effectiveness. Any additions shall be developed in
consultation with the advisory committee pursuant to Section 8484.9.
(3) Programs shall submit information adopted through the process
outlined 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 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 process outlined in
paragraph (4) of subdivision (h) of Section 8484.9.
SEC. 8. Section 8428 of the Education Code is amended to read:
8428. (a) The department shall order an independent statewide
evaluation of the effectiveness of programs funded pursuant to this
article to be prepared and submitted to the Legislature. The
evaluation shall include a comparison of outcomes for participating
pupils and similarly situated pupils who did not participate in a
program.
(b) A report shall be submitted to the Governor and the
Legislature on or before October 1, 2011, providing data that
includes, but is not limited to, all of the following:
(1) Data collected pursuant to Section 8427.
(2) Data adopted through the process outlined in subdivision (c)
of Section 8421.5 and subdivision (e) of Section 8484.
(3) Number and type of sites and grantees participating in the
program.
(4) Pupil program attendance, as reported semiannually, and pupil
schoolday attendance, as reported annually.
(5) Pupil program participation rates including, but not limited
to, all of the following:
(A) The average hours of attendance per pupil.
(B) The percentage of pupils that attend the program less than
three days a week, three days a week, and more than three days a
week.
(C) The extent to which the program attracts pupils considered at
risk or in need of academic support.
(6) Quality of the program, drawing on the research of the Academy
of Sciences on critical features of programs that support healthy
youth development.
SEC. 9. 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.
(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) Each component of a program established pursuant to this
article shall consist of the following two elements:
(1) 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.
(2) An educational enrichment element, that may include, but need
not be limited to, fine arts, career technical education, recreation,
physical fitness, and prevention activities.
(3) 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) 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.
(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 board, 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. 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) Pupil test scores from the Standardized Testing and Reporting
Program established under Section 60640, reflecting achievement in
the areas addressed by required program elements, if assessments have
been established in that area.
(C) 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. 10. Section 8482.4 is added to the Education Code, 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) 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.
(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 committee's recommendations and present them, along
with the department's 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. 11. Section 8482.5 of the Education Code, as amended by
Section 2.6 of Chapter 320 of the Statutes of 1998, is repealed.
SEC. 12. Section 8482.5 of the Education Code, as amended by
Section 2.5 of Chapter 320 of the Statutes of 1998, is repealed.
SEC. 13. Section 8482.5 of the Education Code, as amended November
5, 2002, by Section 7 of Proposition 49, is amended to read:
8482.5. (a) Priority for funding programs established pursuant to
this article shall be given to schools where a minimum of 50 percent
of the pupils in elementary schools and 50 percent of the pupils in
middle and junior high schools are eligible for free or reduced cost
meals through the school lunch program of the United States
Department of Agriculture.
(b) Every program established pursuant to this article shall be
planned through a collaborative process that includes parents, youth,
and representatives of participating public schools, governmental
agencies, such as city and county parks and recreation departments,
local law enforcement, community organizations, and the private
sector.
SEC. 14. Section 8482.55 of the Education Code is amended to read:
8482.55. (a) To accomplish the purposes of the After School
Education and Safety Program, commencing with the fiscal year
beginning July 1, 2004, and for each fiscal year thereafter, all
grants made pursuant to this article shall be awarded as set forth in
this section.
(b) (1) Grants made to public schools pursuant to this article for
the 2005-06 fiscal year shall continue to be funded in each
subsequent fiscal year at the 2005-06 fiscal year level, after the
adjustments provided in paragraphs (1) and (2) of subdivision (a) of
Section 8483.7 have been made, before any other grants are funded
under this article, provided those schools continue to make
application for the grants and are otherwise qualified pursuant to
this article. Receipt of a grant at the 2005-06 fiscal year level
made pursuant to this subdivision shall not affect a school's
eligibility for additional grant funding as permitted in subdivisions
(c) and (d) up to the maximum grants permitted in Sections 8483.7
and 8483.75.
(2) (A) An elementary or middle school program grantee funded
pursuant to Section 8484.8 shall apply to receive a new grant under
this article in the 2006-07 fiscal year. These programs shall receive
priority for funding before any new grant is funded pursuant to this
article, if the program is otherwise qualified pursuant to this
article. Notwithstanding the maximum grant amounts permitted in
Sections 8483.7 and 8483.75, the grantee shall receive the same
amount of grant funding that it was awarded pursuant to Section
8484.8 in the fiscal year prior to the year for which the grantee
requests funding pursuant to this article. The grantee shall apply to
the department, and elect to receive funding under this article, on
or before a date established by the department that is prior to the
date by which the department awards new grants pursuant to this
article.
(B) Grantees funded pursuant to Section 8484.8 in the 2005-06
fiscal year may elect to receive funding pursuant to this article
after the 2006-07 fiscal year and shall be funded under the
conditions outlined in subparagraph (A), if funds are available.
(c) Each public elementary, middle, and junior high school in the
state shall be eligible to receive a three year renewable direct
grant for after school programs to be operated during the regular
school year, as provided in subparagraph (A) of paragraph (1) of
subdivision (a) of Section 8483.7. In the case of schools serving a
combination of elementary, middle, and junior high school pupils, the
applicant may apply for a grant with funding based on the middle
school grant maximum. The program shall comply with the elementary
program and attendance requirements for pupils in the elementary
grades. For purposes of this article, a school serving a combination
of middle and junior high school and high school pupils shall be
eligible to apply for a grant to serve pupils through grade 9. Except
as provided in this subdivision, grants for after school programs
made pursuant to this subdivision shall be subject to all other
sections of this article. Grants for after school programs made
pursuant to this subdivision shall not exceed one hundred twelve
thousand five hundred dollars ($112,500) for each regular school year
for each elementary school or one hundred fifty thousand dollars
($150,000) for each regular school year for each middle or junior
high school. Except as provided in subdivision (f) of this section
and subdivision (a) of Section 8482.5, each public elementary,
middle, and junior high school in the state shall have equal priority
of funding for grants for after school programs made pursuant to
this subdivision. Receipt of a grant for an after school program made
pursuant to this subdivision shall not affect a school's eligibility
for additional grant funding as permitted in subdivision (d) up to
the maximum grants permitted in Sections 8483.7 and 8483.75. Grants
made pursuant to this subdivision shall be funded after grants made
pursuant to subdivision (b) and before any grants made pursuant to
subdivision (d). Grants made pursuant to this subdivision shall be
referred to as "After School Education and Safety Universal Grants."
(d) All funds remaining from the appropriation provided in Section
8483.5 after award of grants pursuant to subdivisions (b) and (c)
shall be distributed pursuant to Sections 8483.7 and 8483.75. Grants
for programs made pursuant to this subdivision shall be subject to
all other sections of this article. Priority for grants for programs
made pursuant to this subdivision shall be established pursuant to
subdivision (a) of Section 8482.5 and Section 8483.3.
(e) With the exception of schools previously funded under both
this article and Section 8484.8, a school shall not receive grants in
excess of the amounts provided in Sections 8483.7 and 8483.75.
(f) If in any fiscal year the appropriation made pursuant to
Section 8483.5 is insufficient to fund all eligible schools who
submit an eligible application for After School Education and Safety
Universal Grants pursuant to subdivision (c), priority for After
School Education and Safety Universal Grants shall be established
pursuant to subdivision (a) of Sections 8482.5 and 8483.3.
SEC. 15. 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
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.
(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. 16. 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
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, 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. 17. Section 8483.2 of the Education Code is amended to read:
8483.2. Notwithstanding any other provision of this article, any
program electing to operate both a before and after school component
for the same pupils during summer, intersession, or vacation periods
must operate these programs a minimum of four and one-half hours per
day.
SEC. 18. Section 8483.3 of the Education Code, as amended by
Section 2 of Chapter 353 of the Statutes of 2005, 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 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 and 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 extended
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.
(9) Fiscal accountability.
(10) Availability of required local matching funds.
(11) That the program will meet all of the evaluation
requirements.
(d) Subdivision (b) does not apply to an applicant school that
meets the priority criteria described in subdivision (a) of Section
8482.5.
SEC. 19. Section 8483.55 of the Education Code is amended to read:
8483.55. (a) From the funds appropriated pursuant to subdivision
(b) of Section 8483.5, the department may spend 1.5 percent to cover
evaluation costs and to provide training and support to ensure
quality program implementation, development, and sustainability and
may pay its costs of awarding and monitoring grants.
(b) Beginning with the 2006-07 fiscal year, 1.5 percent of the
funds appropriated pursuant to this article shall be available to the
department for purposes of providing technical assistance,
evaluation, and training services, and for providing local assistance
funds to support program improvement and technical assistance.
(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. The department shall allocate an appropriate level of
technical assistance funds to the regional system of support to
support program startup within 45 days after grant awards to
programs.
(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 paragraph (2) 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.
(c) The department shall contract for an independent statewide
evaluation of the effectiveness of programs funded pursuant to this
article to be prepared and submitted to the Legislature. The
evaluation shall include a comparison of outcomes for participating
pupils and similarly situated pupils who did not participate in the
program. A report shall be submitted to the Governor and the
Legislature on or before October 1, 2011, providing data that
includes, but is not limited to, all of the following:
(1) Data collected pursuant to Section 8484.
(2) Data adopted through the process outlined in subdivision (b)
of Section 8421.5 and subdivision (g) of Section 8482.4.
(3) Number and type of sites and grantees participating in the
program.
(4) Pupil program attendance, as reported semiannually, and pupil
schoolday attendance, as reported annually.
(5) Pupil program participation rates.
(6) Quality of program drawing on the research of the Academy of
Sciences on critical features of programs that support healthy youth
development.
(7) The participation rates of local educational agencies.
(8) Local partnerships.
(9) The academic performance of participating pupils in English
language arts and mathematics, as measured by the results of the
Standardized Testing and Reporting (STAR) Program established
pursuant to Section 60640.
(d) A final report shall be submitted to the Governor and the
Legislature on or before December 1, 2011. The final report shall
include, but not be limited to, all of the following:
(1) Updated data on the measures specified in subdivision (b),
including, but not limited to, changes in those measures.
(2) The prevalence and frequency of activities included in funded
programs.
SEC. 20. Section 8483.7 of the Education Code, as added by Section
2 of Chapter 318 of the Statutes of 1998, is repealed.
SEC. 21. Section 8483.7 of the Education Code, as added by Section
2 of Chapter 319 of the Statutes of 1998, is repealed.
SEC. 22. Section 8483.7 of the Education Code, as amended by
Section 4 of Chapter 553 of the Statutes of 2005, 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 direct
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 terminate the grant of any site or program
that does not comply with 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 year's fiscal or
attendance reporting remain outstanding, until the reports have been
filed with the department.
(vii) Notwithstanding any other provision of this subdivision or
any other provision of law, after the technical assistance required
under clause (i) has been provided, the department may at any time
terminate the grant of any 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) Direct 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 direct 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 direct 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) A school that establishes a program pursuant to this section
is eligible to receive a supplemental 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).
(5) 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.
(6) (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 year's grant amount for each
grant recipient may be utilized for startup costs. Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's 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. 23. Section 8483.75 of the Education Code is amended to read:
8483.75. (a) (1) (A) Each school that establishes a before school
program component pursuant to Section 8483.1 is eligible to receive
a three year renewable direct grant, that shall be awarded in three
one-year increments and is subject to semiannual attendance reporting
and renewal as required by the department. Before school programs
established pursuant to this section shall be subject to the same
reporting and accountability provisions described in subparagraph (A)
of paragraph (1) of subdivision (a) of Section 8483.7.
(B) The maximum total grant amount awarded annually pursuant to
this paragraph shall be thirty-seven thousand five hundred dollars
($37,500) for each regular school year for each elementary school and
forty-nine thousand dollars ($49,000) for each regular school year
for each middle or junior high school.
(C) The Superintendent shall determine the total annual direct
grant amount for which a site is eligible based on a formula of five
dollars ($5) per pupil per day that the program plans
to serve, with a maximum total grant of
twenty-five dollars ($25) per projected pupil per week.
(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 seventy-five dollars ($75) by
the number of pupils enrolled at the schoolsite for the normal
schoolday program that exceeds 600.
(B) For middle schools, multiply seventy-five dollars ($75) by the
number of pupils enrolled at the schoolsite for the normal schoolday
program that exceeds 900.
(3) A school that establishes a program pursuant to this article
is eligible to receive a supplemental grant to operate the program in
excess of 180 schooldays during any combination of summer,
intersession, or vacation periods for a maximum of 30 percent of the
total grant amount awarded to the school per school year under this
subdivision.
(4) 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.
(5) (A) The department may award 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 is awarded funds pursuant to
subparagraph (A) shall have an established waiting list for
enrollment, and may receive funds 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 before
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
before school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized for startup costs. Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's 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.
SEC. 24. 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, including research-based indicators and measurable
student outcomes for academic performance, attendance, and positive
behavioral changes. The department may consider these outcomes when
determining eligibility for grant renewal.
(1) To demonstrate program effectiveness, grantees shall submit
both of the following:
(A) Schoolday attendance on an annual basis.
(B) Program attendance.
(2) To demonstrate program effectiveness based upon individual
program focus, programs shall submit one or more of the following
measures annually:
(A) Positive behavioral changes, as reported by schoolday or after
school teachers.
(B) Pupil Standardized Testing and Reporting (STAR) Program test
scores.
(C) Homework completion rates as reported by schoolday or after
school teachers.
(D) Skill development as reported by schoolday or after school
teachers.
(E) The department may develop additional measures for this
paragraph. Any additions shall be developed in consultation with the
evaluation committee of the advisory committee.
(3) 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 the 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, 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
paragraph.
(4) For the purposes of subparagraph (B) of paragraph (2) of
subdivision (a), program effectiveness may be demonstrated using
performance levels from the STAR Program by any of the following:
(A) The grantee documents the percentage of pupils performing at
the far below basic level declined.
(B) The grantee documents the percentage of pupils performing
above the far below basic and below basic levels increased.
(C) The grantee documents the percentage of pupils who performed
at or above the basic level increased.
(D) The grantee documents pupils participating in the program
performed better in a year-to-year comparison of the results of the
STAR Program than their peers who were not participating in the
program.
(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.
SEC. 25. 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 (P.L. 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 2006-07 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 paragraph (2) 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.
(b) (1) At least 10 percent of the total amount appropriated
pursuant to this article, after funds have been allocated pursuant to
subdivision (a), shall be available for direct grants for either of
the following purposes:
(A) 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.
(B) Grants to provide family literacy services, in an amount not
to exceed twenty thousand dollars ($20,000) per site, per year, for
schoolsites that identify such a need for families of 21st Century
Community Learning Centers program pupils, and that demonstrate a
fiscal hardship by certifying that existing resources, including, but
not limited to, funding for Title III of the federal No Child Left
Behind Act of 2001, Chapter 3 (commencing with Section 300) of Part
1, adult education, community college, and the federal Even Start
Program are not available or are insufficient to serve these
families. An assurance that the funds received pursuant to this
subdivision are expended only for those services and supports for
which they were granted shall be required.
(2) For the purposes of subparagraph (A) 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 direct 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 direct
grants to community learning centers serving high school pupils
funded pursuant to Section 8421.
(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. Competitive priority shall be given to
applications that propose to serve children and youth 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 administrators of a program established
pursuant to this article may operate during regular school days 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) Core funding grants for programs serving middle and elementary
school pupils in before and after school programs 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) (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 core grant recipient may be utilized 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.
(4) 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.
(5) A grantee shall submit semiannual attendance data and results
to facilitate evaluation and compliance in accordance with provisions
established by the department.
(6) 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.
(f) A total annual grant award for core funding and direct 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 provision of law, and contingent
upon the availability of funding, the department may adjust the core
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) 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. 26. Section 8484.9 of the Education Code is amended to read:
8484.9. (a) There is hereby established in the department an
Advisory Committee on Before and After School Programs for the
purpose of providing information and advice to the Superintendent,
the Secretary for Education, and the State Board of Education
regarding state and federal policy and funding issues affecting
before and after school programs, based on regular and systematic
input from providers.
(b) The membership of the advisory committee shall consist of all
of the following persons, the majority of whom shall be operators of
before or after school programs:
(1) Six persons appointed by the Governor as follows:
(A) Two persons who operate an urban before or after school
program.
(B) Two persons who operate a rural before or after school
program.
(C) One person from a private foundation or a postsecondary
academic institution.
(D) One person representing a unified school district.
(2) Two persons appointed by the Superintendent as follows:
(A) One person who operates a high school after school program.
(B) One person from a private foundation or a postsecondary
academic institution.
(3) Two persons appointed by the Senate Committee on Rules as
follows:
(A) One person who operates a small elementary after school
program.
(B) One person who operates a large middle school after school
program.
(4) Two persons appointed by the Speaker of the Assembly as
follows:
(A) One person who operates a large elementary school after school
program.
(B) One person who operates a small middle school after school
program.
(5) The Secretary for Education, or his or her designee.
(c) The advisory committee membership shall be representative of
the diversity of before and after school programs, regarding
geography, size, and public or nonpublic operation.
(d) The advisory committee members shall select one of its members
to be the chair of the committee. It is the responsibility of the
chair to act as the conduit between the advisory committee and the
Superintendent, the state board, and appropriate staff.
(e) The advisory committee shall nominate, and the state board
shall confirm, a staff member to serve as consultant to the advisory
committee.
(f) The advisory committee shall meet as frequently as necessary
but at least three times each year. The meetings of the committee may
be conducted by teleconference.
(g) The members of the advisory committee shall serve without
compensation, including for travel and per diem expenses.
(h) The advisory committee shall do all of the following:
(1) Provide information on the status of funding provided for
before and after school programs in each fiscal year, including the
number of applications received, the number of applications funded,
and the amount and timing of committed funding.
(2) Provide recommendations on legislative and administrative
action needed to ensure that funding for before and after school
programs is allocated promptly to qualified providers of before and
after school programs.
(3) Provide information on the quality of services and
accountability measures.
(4) Provide information regarding challenges faced by before and
after school programs that impede the provision of best possible
services.
(5) Make recommendations to the department on reporting
requirements for high school programs operating pursuant to Section
8421 and for program evaluation and review pursuant to Sections 8427
and 8484. The advisory committee shall provide initial
recommendations to the department, and shall provide a copy to the
Legislature, on or before March 1, 2007.
(6) Provide recommendations on the statewide evaluation design and
outcome measures.
SEC. 27. The Legislature finds and declares that this act furthers
the purposes of the After School Education and Safety Program Act of
2002.
SEC. 28. The costs incurred as a result of the amendments to the
After School Education and Safety Program Act of 2002 made by this
act shall be funded only from appropriations made pursuant to Section
8483.5 of the Education Code.
SEC. 29. The provisions of this act are severable. If any
provision of this act or its application is held invalid by a court
of law, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision
or application.
SEC. 30. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to implement the Budget Act of 2006-07 at the earliest
possible time, it is necessary that this act take effect immediately.