BILL NUMBER: SB 638 CHAPTERED 09/21/06 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.