BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 434 (Block)
          As Amended  June 1, 2009
          Majority vote 

           EDUCATION           10-1        APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Brownley, Nestande,       |Ayes:|De Leon, Ammiano,         |
          |     |Ammiano,  Arambula,       |     |Charles Calderon, Davis,  |
          |     |Buchanan, Carter, Eng,    |     |Fuentes, Hall, John A.    |
          |     |Garrick, Solorio,         |     |Perez, Price, Skinner,    |
          |     |Torlakson                 |     |Solorio, Torlakson,       |
          |     |                          |     |Krekorian                 |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Miller                    |Nays:|Nielsen, Duvall, Harkey,  |
          |     |                          |     |Miller,                   |
          |     |                          |     |Audra Strickland          |
           ----------------------------------------------------------------- 

           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% of the total grant for the 2009-10  
            and 2010-2011 fiscal years (FYs).

          2)For FYs 2009-10 and 2010-11, lowers the facilities or space  
            usage that can count towards the local match from 25% to 15%. 

          3)Provides that the cost of a program site supervisor shall be  
            included as direct services, provided that at least 85% of the  
            site supervisor's time is spent at the program site.

          4)Finds and declares that this bill furthers the purposes of the  
            After School Education and Safety Program Act of 2002.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, by reducing the ASES program local match from  
          one-third to 15%, there is the potential effect of serving fewer  








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          pupils and decreasing program quality. For example, if the 377  
          local education agencies that received funds in 2008-09 were to  
          lower their match to 15% for two FYs as proposed by this bill,  
          there would be $95 million less in matching funds statewide for  
          ASES programs. Less local program funds available will lead to  
          General Fund/98 cost pressure to increase the amount
          allocated for the ASES program to maintain existing service  
          and/or quality levels.

           COMMENTS  :  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 ninth  
          grade.  In 2008-09, 377 predominantly districts and county  
          offices of education received grants, serving 3,800 schools,  
          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% 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% of the local  
          contribution.  

          This bill reduces the local match from one-third to 15% of the  
          total grant for FYs 2009-10 and 2010-11 only.  The Assembly  
          Appropriations Committee also lowered the percentage facilities  
          can be used to count towards the match from 25% to 15%.  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  








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          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  
          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.  

          Current law requires an ASES provider to spend 85% of the funds  
          on direct services to pupils and authorizes no more than 15% 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% 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  
          or 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 and offer administrative and  








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          legislative recommendations.

           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087  


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