BILL ANALYSIS AB 434 Page 1 Date of Hearing: April 1, 2009 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 434 (Block) - As Introduced: February 24, 2009 SUBJECT : After school programs SUMMARY : Reduces the required match to the After School Education and Safety (ASES) Program Act of 2002. Specifically, this bill : 1)Reduces the required match of in cash or in-kind local funds from the applicant school district, governmental agencies, community organizations, or the private sector, from one-third of the total grant to 15 percent of the total grant for the 2009-10 and 2010-2011 fiscal years. 2)Provides that the cost of a program site supervisor shall be included as direct services, provided that at least 85 percent of the site supervisor's time is spent at the program site. 3)Finds and declares that this bill furthers the purposes of the After School Education and Safety Program Act of 2002. EXISTING LAW : 1)Establishes the ASES program through the 2002 voter approved initiative, Proposition 49. The ASES program funds the establishment of local after school education and enrichment programs, which are created through partnerships between schools and local community resources to provide literacy, academic enrichment and safe constructive alternatives for students in kindergarten through ninth grade. 2)Specifies requirements for the operation of ASES, including maximum grant levels, local matching requirements, priority for funding, and authorized expenditures. FISCAL EFFECT : Unknown COMMENTS : The ASES program . The ASES program, passed by voters as Proposition 49 in 2002, provided almost $550 million for before and after school programs for students in kindergarten through grade 9. In 2007-08, 387 predominantly districts and AB 434 Page 2 county offices of education received grants, although local governments and nonprofit organizations working in partnership with local educational agencies may also apply. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Participating after-school programs are required to have an educational and literacy component 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 sciences; and an educational enrichment component, which may include, but is not limited to, fine arts, career technical education, recreation, physical fitness and prevention activities. Priority for funding goes to schools where at least 50 percent of the pupils are eligible for free- or reduced-priced lunch. Maximum grants are $112,500 per year for elementary schools and $150,000 per year for middle or junior high schools based on a per pupil amount of $7.50 per day. Each program is required to provide a match equal to not less than one-third of the total grant. Facilities may count towards 25 percent of the local contribution. Local Match . This bill reduces the local match from one-third to 15 percent of the total grant for the 2009-10 and 2010-11 fiscal years. The author states, "With the current economic crisis facing the state at all levels, school districts are not able to secure and/or provide the necessary matching funds to draw down this important funding for after school programs. This bill would temporarily reduce, over the next two fiscal years, the matching funds by nearly half. This would allow LEAs [local educational agencies] and local governments to continue providing homework help, tutoring, mentoring, time for organized physical activities, and play time in a safe environment. Some great examples of these activities include performing arts classes, dance classes, and cooking and nutrition classes." The sponsor, the Children's Initiative, states that the match is frequently comprised of value added activities, such as local donations of tickets to arts, sports, and other events. Districts also count supplemental staff time, such as counselors who are not a required component of ASES, and supplies and equipments, such as music instruments and art supplies, as local matches. Due to the downturn in the economy, community and business donations have decreased while school districts are AB 434 Page 3 unable to keep staff beyond school time or are laying off staff. According to the California Department of Education (CDE), several districts have indicated that they may discontinue their programs due to the inability to come up with the required local match. Program site supervisors . Current law requires an ASES provider to spend 85 percent of the funds on direct services to pupils and authorizes no more than 15 percent of funds on administrative costs. This bill specifies that the cost of a program site supervisor shall be considered direct services as long as at least 85 percent of the site supervisor's time is spent at the program site. According to the CDE, "direct services" is not defined. When the CDE initiated categorical program reviews two years ago, the question of how to count a site supervisor's time arose. The majority of the site supervisor's work is on managing the program and the bulk of his/her time is spent at the program site, which the CDE considers direct services. The remaining time may be spent at the district office conducting administrative duties. The CDE indicates that without clarification, it must require site supervisors to account for every minute of their time, which may be unnecessarily burdensome. The sponsor states that the provisions of this bill were discussed and recommended by the Advisory Committee on Before and After School Programs, established by SB 854 (Ashburn), Chapter 555, Statutes of 2005, which meets at least three times a year to provide advice, information on administration of the programs, and administrative and legislative recommendations. Arguments in Support . Fight Crime: Invest in Kids states, "Without this measure, programs are being forced to waste time and energy - that would be better spend [sic] serving students - classifying each and every activity of their site coordinators, whose day-to-day work should be recognized as integral to direct service without the need for additional paperwork." Related Legislation . AB 364 (Torlakson), also scheduled for today's hearing, establishes the California After School Teacher Pipeline pilot program. AB 983 (Skinner), pending in this committee, authorizes the ASES program to operate on weekends. AB 434 Page 4 REGISTERED SUPPORT / OPPOSITION : Support A World Fit For Kids After School All-Stars LA After School Program for Information Recreation and Education American Federation of State, County and Municipal Employees Avalon Schools Bancroft Middle School Boys & Girls Clubs of Carson Boys & Girls Clubs of Garden Grove Boys & Girls Clubs of Hollywood Boys & Girls Clubs of Long Beach Boys & Girls Clubs of East Los Angeles Boys & Girls Clubs of the Los Angeles Harbor Boys & Girls Clubs of Rio Hondo Boys & Girls Clubs of Venice Boys & Girls Clubs Watts/Willowbrook Camp Fire USA Long Beach Area Council Children's Initiative (sponsor) City of Fontana, Community Services Department, Fontana After School Program DeMille Middle School Enrichment Educational Experiences/E3, Inc. Fight Crime: Invest in Kids Gang Alternatives Program Greater San Jose After-School All-Stars Hill Classical Middle School John Muir Academy LA's BEST LACER Afterschool Programs League of California Afterschool Providers Long Beach Community Action Partnership Long Beach Unified School District Long Beach Unified School District's Research Office Long Beach Winners Reaching Amazing Potential Madison WRAP Mary Butler School Old Adobe Union School District Partnerships to Uplift Communities Phoenix Accounting Corporation Project APPLE/Project REACH Rogers Middle School, Bayside Academy Samuel Gompers K8 School AB 434 Page 5 San Diego After School Consortium Stanford Middle School Stevens Middle School Stevenson Elementary William Cullen Bryant Elementary School Woodcraft Rangers Opposition None on file Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087