BILL NUMBER: AB 434	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 24, 2009

   An act to amend Sections 8483.7, 8483.75, and 8483.9 of the
Education Code, relating to after school programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 434, as introduced, Block. After school programs.
   (1) The After School Education and Safety Program Act of 2002,
enacted by the initiative measure Proposition 49, 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
authorizes the administrators of a program established pursuant to
the act to operate during any combination of summer, intersession, or
vacation periods for a minimum of 3 hours per day for the regular
school year.
   The After School Education and Safety Program Act of 2002 requires
the department to apportion moneys, from those continuously
appropriated under the act, for purposes of after school programs to
program applicants in the form of grants according to a specified
priority scheme. The act specifies maximum grant amounts for 3-year
direct grants for before and after school programs. The act requires
each program to provide an amount of cash or in-kind local funds
equal to not less than 1/3 of the total grant from the school
district, governmental agencies, community organizations, or the
private sector.
   This bill would reduce to 15% the amount of cash or in-kind local
funds required to be provided by each program for the 2009-10 and
2010-11 fiscal years.
   (2) The After School Education and Safety Program Act of 2002
limits the amount of state funds a program participant may expend on
administrative costs to 15% of the participant's funding. The act
requires a program participant receiving state funding under the act
to ensure that no less than 85% of that funding is allocated to
schoolsites for direct services to pupils.
   This bill would authorize the cost of a program site supervisor
selected under the After School Education and Safety Program Act of
2002 to be included as direct services, provided that at least 85% of
the site supervisor's time is spent at the program site.
   (3) This bill would include a finding and declaration of the
Legislature that its provisions further the purposes of the After
School Education and Safety Program Act of 2002.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8483.7 of the Education Code is amended to
read:
   8483.7.  (a) (1) (A) Each school that establishes a program
pursuant to this article is eligible to receive a three-year 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  , except for the 2009-10 and 2010-11 fiscal
years,   each program shall be required to provide an amount
of cash or in-kind local funds equal to not less than 15 percent 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. 2.  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   For the 2009-10 and 2010-11
fiscal years, each  program shall provide an amount of cash or
in-kind local funds equal to not less than  one-third
  15 percent  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. 3.  Section 8483.9 of the Education Code, as amended by
Section 6 of Chapter 553 of the Statutes of 2005, is amended to read:

   8483.9.  (a) A program participant receiving funding pursuant to
this article may expend on indirect costs no more than the lesser of
the following:
   (1) The school district's indirect cost rate, as approved by the
department for the appropriate fiscal year.
   (2) Five percent of the state program funding received pursuant to
this article.
   (b) A program participant receiving state funding pursuant to this
article may expend no more than 15 percent of that funding on
administrative costs, which funding need not be earned through pupil
attendance. For purposes of this section, administrative costs shall
include indirect costs, as described in subdivision (a).
   (c) A program participant receiving state funding pursuant to this
program shall ensure that no less than 85 percent of that funding is
allocated to schoolsites for direct services to pupils.  The
cost of a program site supervisor selected pursuant to Section 8483.4
shall be included as direct services, provided that at least 85
percent of the site supervisor's time is spent at the program site.

  SEC. 4.  The Legislature finds and declares that this act furthers
the purposes of the After School Education and Safety Program Act of
2002.