BILL NUMBER: AB 1685 CHAPTERED 06/28/07 CHAPTER 22 FILED WITH SECRETARY OF STATE JUNE 28, 2007 APPROVED BY GOVERNOR JUNE 28, 2007 PASSED THE SENATE JUNE 21, 2007 PASSED THE ASSEMBLY JUNE 25, 2007 AMENDED IN SENATE JUNE 20, 2007 INTRODUCED BY Assembly Member Garrick FEBRUARY 23, 2007 An act to amend Sections 8427, 8482.55, and 8484 of the Education Code, relating to before and after school programs, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1685, Garrick. Before and after school programs: grants. (1) Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens Program for the purpose of creating 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 after the regular schoolday, and that may assist pupils in passing the high school exit examination. The participating high school after school programs are required to submit to the State Department of Education 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. This bill would require that certain measures of program effectiveness related to reporting of positive behavioral changes or skill development consistent with the program elements be based on reporting by schoolday teachers or after school staff who directly supervise pupils, rather than schoolday or after school teachers. (2) The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act provides a formula for determining an amount to be continuously appropriated from the General Fund to the department to provide grants to schools participating in the program. The act requires, before any other grants are funded, that grants made to public schools for the 2005-06 fiscal year continue to be funded in each subsequent fiscal year at the 2005-06 fiscal year level, including adjustments related to increased reimbursement rates and maximum grant amounts for after school programs pursuant to specified statutory provisions. The act authorizes an amendment of that provision regarding grant funding levels only by a bill that furthers the purposes of the act and is passed by a vote of 2/3 of each house of the Legislature and signed by the Governor. This bill would clarify that the 2005-06 fiscal year funding level also includes adjustments related to increased reimbursement rates and maximum grant amounts for before school programs pursuant to specified statutory provisions. (3) The existing After School Education and Safety Program also includes components not enacted by initiative statute. One of those provisions requires participating programs, as required by the department, to submit annual outcome-based data for evaluation, including research-based indicators and measurable pupil outcomes for academic performance, attendance, and positive behavioral changes. This bill would require that certain measures of program effectiveness related to reporting of positive behavioral changes or skill development consistent with the program elements be based on reporting by schoolday teachers or after school staff who directly supervise pupils, rather than schoolday or after school teachers. (4) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. 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 teachers or after school staff who directly supervise pupils. (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 teachers or after school staff who directly supervise pupils. (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. 2. 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 and paragraphs (1) and (2) of subdivision (a) of Section 8483.75 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. 3. 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 teachers or after school staff who directly supervise pupils. (B) Pupil Standardized Testing and Reporting (STAR) Program test scores. (C) Homework completion rates as reported by schoolday teachers or after school staff who directly supervise pupils. (D) Skill development as reported by schoolday teachers or after school staff who directly supervise pupils. (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. 4. The Legislature finds and declares that the change made to Section 8482.55 of the Education Code by Section 1 of this act furthers the purposes of the After School Education and Safety Program Act of 2002. SEC. 5. 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 fully implement the Budget Act of 2006 prior to the end of the 2006-07 fiscal year, it is necessary that this act take effect immediately.