BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 434
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          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  


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          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  

           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  


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          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  

           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.


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          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


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          San Diego After School Consortium
          Stanford Middle School
          Stevens Middle School
          Stevenson Elementary
          William Cullen Bryant Elementary School
          Woodcraft Rangers

          None on file
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087