BILL NUMBER: AB 983	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 27, 2009

   An act to amend Sections 8482, 8483, 8483.1, 8483.2, 8483.7, and
8483.75 of the Education Code, relating to before and after school
programs.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 983, as introduced, Skinner. Before and 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.
   This bill, in addition, would authorize the administrators of a
before or after school program to operate during weekends. Costs
associated with providing after school activities on weekends would
be paid from a program's maximum or supplemental grant, and would not
be included in the program's attendance reported to the department
for calculation of either the maximum grant amount or supplemental
grant amount.
   (2) This bill also would make conforming changes.
   (3) This bill would include a finding and declaration of the
Legislature that the bill's 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 8482 of the Education Code is amended to read:
   8482.  There is hereby established the After School Education and
Safety Program. All references to it by its prior name, the Before
and After School Learning and Safe Neighborhoods Partnerships
Program, in this article and other state law shall now identify it by
its new name. The purpose of this program is to create incentives
for establishing locally driven before and after school enrichment
programs both during schooldays and  weekends,  summer,
intersession, or vacation days that partner public schools and
communities to provide academic and literacy support and safe,
constructive alternatives for youth. The term public school includes
charter schools.
  SEC. 2.  Section 8483 of the Education Code is amended to read:
   8483.  (a) (1) Every after school component of a program
established pursuant to this article shall commence immediately upon
the conclusion of the regular schoolday, and operate a minimum of 15
hours per week, and at least until 6 p.m. on every regular schoolday.
Every after school component of the program shall establish a policy
regarding reasonable early daily release of pupils from the program.
For those programs or schoolsites operating in a community where the
early release policy does not meet the unique needs of that
community or school, or both, documented evidence may be submitted to
the department for an exception and a request for approval of an
alternative plan.
   (2) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of nine hours a week and three days a
week to accomplish program goals.
   (3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
   (b) The administrators of a program established pursuant to this
article have the option of operating during any combination of 
weekends,  summer, intersession, or vacation periods for a
minimum of three hours per day for the regular school year pursuant
to Section 8483.7. 
   (c) The administrators of a program established pursuant to this
article may provide activities on weekends. Costs associated with
weekend activities shall be paid from the program's maximum grant or
the program's supplemental grant awarded pursuant to Section 8483.7.
Except for programs funded by the federal 21st Century Community
Learning Centers program, the participation of pupils in the weekend
activities shall not be included in the program's attendance reported
to the department for the calculation of either the maximum grant
amount or a supplemental grant amount pursuant to Section 8483.7.

  SEC. 3.  Section 8483.1 of the Education Code is amended to read:
   8483.1.  (a) (1) Every before school program component established
pursuant to this article shall in no instance operate for less than
one and one-half hours per regular schoolday. Every program shall
establish a policy regarding reasonable late daily arrival of pupils
to the program.
   (2) (A) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of six hours a week or three days a week
to accomplish program goals, except when arriving late in accordance
with the late arrival policy described in paragraph (1) or as
reasonably necessary.
   (B) A pupil who attends less than one-half of the daily program
hours shall not be counted for the purposes of attendance.
   (3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
   (b) The administrators of a before school program established
pursuant to this article shall have the option of operating during
any combination of  weekends,  summer, intersession, or
vacation periods for a minimum of two hours per day for the regular
school year pursuant to Section 8483.75.
   (c) Every before school program component established pursuant to
this article shall offer a breakfast meal as described by Section
49553 for all program participants.
  SEC. 4.  Section 8483.2 of the Education Code is amended to read:
   8483.2.  Notwithstanding any other provision of this article,
 any   a  program electing to operate both
a before and after school component for the same pupils during 
weekends,  summer, intersession, or vacation periods 
must   shall  operate these programs a minimum of
four and one-half hours per day.
  SEC. 5.  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   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 
weekends,  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. 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. 6.  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   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  weekends,
 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 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. 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. 7.  The Legislature finds and declares that this act furthers
the purposes of the After School Education and Safety Program Act of
2002.