BILL NUMBER: SB 798	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 27, 2009

   An act to repeal and add Section 8484.8 of the Education Code,
relating to before and after school programs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 798, as introduced, DeSaulnier. Before and after school
programs: 21st Century Community Learning Centers Program.
   Existing law, in accordance with the 21st Century Community
Learning Centers Program contained in the federal No Child Left
Behind Act of 2001, allocates funds appropriated by the Budget Act of
2002 and prescribes requirements related to the allocation of funds,
including provisions governing the allocation of funds appropriated
by the Budget Act.
   The bill would, as of January 1, 2010, revise the criteria and
priorities for allocating those funds. The bill would revise the
percentage of funds required to be allocated to programs established
under the act, as specified, and would establish per-day rates for
the operation of year-round programs, programs operating during the
regular school year, and programs operating during summer or
intersession periods, as specified.
   The bill would specify that per-day rates and cash or in-kind
match requirements would not apply for core funding grants for
programs serving middle and elementary school pupils in before and
after school programs. The bill would establish maximum direct grant
amounts awarded under the act.
   The bill would delete a provision authorizing the department to
adjust the core grant cap, and would require the department to give
funding priority to grantees that are reapplying for grants, as
specified. The bill would provide for supplemental compensation for
school sites serving an average daily attendance of 55 pupils or
less. The bill would require the department to periodically review
the appropriateness of the percentages for allocation of funds, and
would authorize the department to adjust the percentages with the
consent of the Advisory Committee on Before and After School
Programs.
   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  Section 8484.8 of the Education Code is repealed.

   8484.8.  In accordance with Part B of Title IV of the federal No
Child Left Behind Act of 2001 (P.L. 107-110), funds appropriated in
Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are
available for expenditure as follows, with any subsequent allocations
for these purposes to be determined in the annual Budget Act:
   (a) Beginning with the 2006-07 fiscal year, 5 percent of the
federal funds appropriated through this article shall be available to
the department for purposes of providing technical assistance,
evaluation, and training services, and for contracting for local
technical assistance, for carrying out programs related to 21st
Century Community Learning Centers programs.
   (1) The department shall provide directly, or contract for,
technical assistance for new programs and any program that is not
meeting attendance or performance goals, or both, and requests that
assistance.
   (2) (A) Training and support shall include, but is not limited to,
the development and distribution of voluntary guidelines for
physical activity programs established pursuant to paragraph (2) of
subdivision (c) of Section 8482.3, that expand the learning
opportunities of the schoolday.
   (B) The department shall distribute these voluntary guidelines for
physical activity programs on or before July 1, 2009.
   (b) (1) At least 10 percent of the total amount appropriated
pursuant to this article, after funds have been allocated pursuant to
subdivision (a), shall be available for direct grants for either of
the following purposes:
   (A) Grants to provide equitable access and participation in
community learning center programs, in an amount not to exceed
twenty-five thousand dollars ($25,000) per site, per year, according
to needs determined by the local community.
   (B) Grants to provide family literacy services, in an amount not
to exceed twenty thousand dollars ($20,000) per site, per year, for
schoolsites that identify such a need for families of 21st Century
Community Learning Centers program pupils, and that demonstrate a
fiscal hardship by certifying that existing resources, including, but
not limited to, funding for Title III of the federal No Child Left
Behind Act of 2001, Chapter 3 (commencing with Section 300) of Part
1, adult education, community college, and the federal Even Start
Program are not available or are insufficient to serve these
families. An assurance that the funds received pursuant to this
subdivision are expended only for those services and supports for
which they were granted shall be required.
   (2) For the purposes of subparagraph (A) of paragraph (1), the
department shall determine the requirements for eligibility for a
grant, consistent with the following:
   (A) Consistent with the local partnership approach inherent in
Article 22.5 (commencing with Section 8482), grants awarded under
this subdivision shall provide supplemental assistance to programs.
It is not intended that a grant fund the full anticipated costs of
the services provided by a community learning center program.
   (B) In determining the need for a grant pursuant to this
subdivision, the department shall base its determination on a needs
assessment and a determination that existing resources are not
available to meet these needs, including, but not limited to, a
description of how the needs, strengths, and resources of the
community have been assessed, currently available resources, and the
justification for additional resources for that purpose.
   (C) The department shall award grants for a specific purpose, as
justified by the applicant.
   (3) To be eligible to receive a grant under this subdivision, the
designated public agency representative for the applicant shall
certify that an annual fiscal audit will be conducted and that
adequate, accurate records will be kept. In addition, each applicant
shall provide the department with the assurance that funds received
under this subdivision are expended only for those services and
supports for which they are granted. The department shall require
grant recipients to submit annual budget reports, and the department
may withhold funds in subsequent years if direct grant funds are
expended for purposes other than as awarded.
   (4) The department shall require grant recipients to submit
quarterly expenditure reports, and the department may withhold funds
in subsequent years if access or literacy grant funds are expended
for purposes other than as granted.
   (c) At least 50 percent of the total amount appropriated pursuant
to this article, after funds have been allocated pursuant to
subdivision (a), shall be allocated on a priority basis for direct
grants to community learning centers serving high school pupils
funded pursuant to Section 8421.
   (d) Grant awards under this section shall be restricted to those
applications that propose primarily to serve pupils that attend
schoolwide programs, as described in Title I of the federal No Child
Left Behind Act of 2001. Competitive priority shall be given to
applications that propose to serve children and youth in schools
designated as being in need of improvement under subsection (b) of
Section 6316 of Title 20 of the United States Code, and that are
jointly submitted by school districts and community-based
organizations.
   (e) (1) At least 40 percent of the total amount appropriated
pursuant to this article, after funds have been allocated pursuant to
subdivision (a), shall be allocated to programs serving elementary
and middle school pupils. The administrators of a program established
pursuant to this article may operate during regular school days for
a minimum of 15 hours per week and any combination of summer,
intersession, or vacation periods for a minimum of three hours per
day for the regular school year pursuant to Section 8483.7. Grantees
administering comprehensive programs established pursuant to Section
8482.3 are also eligible for funding for summer, intersession, or
vacation periods pursuant to this section.
   (2) Core funding grants for programs serving middle and elementary
school pupils in before and after school programs shall be allocated
according to the same funding provisions, and subject to the same
reporting and accountability provisions, as described in Sections
8483.7 and 8483.75.
   (3) (A) Funding for a grant shall be allocated in annual
increments for a period not to exceed five years, subject to annual
reporting and recertification as required by the department. The
department shall establish a payment system to accommodate upfront
payments. The department shall notify new grantees, whose grant
awards are contingent upon the appropriation of funds for those
grants, in writing no later than May 15 of each year in which new
grants are awarded. A first-year grant award shall be made no later
than 60 days after enactment of the annual Budget Act and any
authorizing legislation. A grant award for the second and subsequent
fiscal years shall be made no later than 30 days after enactment of
the annual Budget Act and any authorizing legislation. The grantee
shall notify the department in writing of its acceptance of the
grant.
   (B) For the first year of a grant, the department shall allocate
25 percent of the grant for that year no later than 30 days after the
grantee accepts the grant. For the second and subsequent years of
the grant, the department shall allocate 25 percent of the grant for
that year no later than 30 days after the annual Budget Act becomes
effective. The grantee shall not use more than 15 percent of an
annual grant award for administrative costs.
   (C) In addition to the funding allowed for administrative costs
under subparagraph (B), up to 15 percent of the initial annual grant
award for each core grant recipient may be utilized for startup
costs.
   (D) Under no circumstance shall funding made available pursuant to
subparagraphs (B) and (C) result in an increase in the total funding
of a grantee above the approved grant amount.
   (4) A grantee shall identify the federal, state, and local
programs that will be combined or coordinated with the proposed
program for the most effective use of public resources, and shall
prepare a plan for continuing the program beyond federal grant
funding.
   (5) A grantee shall submit semiannual attendance data and results
to facilitate evaluation and compliance in accordance with provisions
established by the department.
   (6) A program receiving a grant under this subdivision is not
assured of grant renewal from future state or federal funding at the
conclusion of the grant period.
   (f) A total annual grant award for core funding and direct grants
for a site serving elementary or middle school pupils shall be fifty
thousand dollars ($50,000) per year or more, consistent with federal
requirements.
   (g) Notwithstanding any other provision of law, and contingent
upon the availability of funding, the department may adjust the core
grant cap of any grantee based upon one or both of the following:
   (1) Amendments made to this section by Chapter 555 of the Statutes
of 2005.
   (2) The demonstrated pupil attendance pattern of the grantee. The
department may adjust grant awards pursuant to subparagraph (A) of
paragraph (1) of subdivision (a) of Section 8483.7.
   (h) Funds received but unexpended under this article may be
carried forward to subsequent years consistent with federal
requirements. In year one, the full grant may be retained.
   (i) If funds remain after all of the priority allocations required
pursuant to subdivisions (a), (b), (c), and (e) have been made, the
department may use that money to fund additional qualified grant
applications under subdivision (c), in order to ensure that all
federal funds received for these purposes are expended for these
purposes. If funds remain after additional qualified grant
applications are approved for funding pursuant to subdivision (c),
the department may award the remaining funds for additional qualified
grant applications pursuant to subdivisions (b) and (e).
   (j) This article shall be operative only to the extent that
federal funds are made available for the purposes of this article. It
is the intent of the Legislature that this article not be considered
a precedent for general fund augmentation of either the state
administered, federally funded program of this article, or any other
state funded before or after school program. 
  SEC. 2.  Section 8484.8 is added to the Education Code, to read:
   8484.8.  Federal funds through the 21st Century Community Learning
Centers Program shall be allocated pursuant to the provisions of
this section. Grant awards under this section shall be restricted to
those applications that propose primarily to serve pupils that attend
schoolwide programs, as described in federal law. Competitive
priority shall be given to applications that propose to serve
children and youth in schools designated as being in need of
improvement under subdivision (b) of Section 6316 of the federal No
Child Left Behind Act of 2001, and that are jointly submitted by
school districts and community-based organizations.
   (a) Five percent of the federal funds appropriated for purposes of
this article for the 2010-11 fiscal year, or any subsequent fiscal
year, shall be available to the department for purposes of providing
technical assistance, evaluation, and training services, for
contracting for local technical assistance, and for carrying out
programs related to 21st Century Community Learning Centers Programs.

   (1) The department shall provide directly, or contract for,
technical assistance for new programs and any program that is not
meeting attendance or performance goals, or both, and requests that
assistance.
   (2) Training and assistance shall include, but are not limited to,
the development and distribution of voluntary guidelines for
physical activity programs established pursuant to paragraph (2) of
subdivision (c) of Section 8482.3, that expand the learning
opportunities of the schoolday.
   (3) References in subdivision (b) to the amounts appropriated for
purposes of this article for the 2008-09 fiscal year, or any
subsequent fiscal year, shall be deemed to exclude the amounts
allocated pursuant to this subdivision.
   (b) (1) Of the amounts appropriated for purposes of this article
for any fiscal year that remain after funds have been allocated
pursuant to subdivision (a), the following amounts shall be allocated
on a priority basis for direct grants to community learning centers
serving high school pupils funded pursuant to Section 8421:
   (A) An amount equal to 50 percent of the total amount appropriated
for purposes of this article for the 2008-09 fiscal year or for the
current fiscal year, whichever is less.
   (B) An amount equal to 35 percent of the amount, if any, by which
the total amount appropriated for the current fiscal year pursuant to
this article exceeds the total amount appropriated for the 2008-09
fiscal year pursuant to this article.
   (2) Of the amounts appropriated for purposes of this article for
any fiscal year that remain after funds have been allocated pursuant
to subdivision (a), the following amounts shall be allocated to
community learning centers serving elementary and middle school
pupils funded pursuant to Section 8421:
   (A) An amount equal to 50 percent of the total amount appropriated
for purposes of this article for the 2008-09 fiscal year or for the
current fiscal year, whichever is less.
   (B) An amount equal to 65 percent of the amount, if any, by which
the total amount appropriated for the current fiscal year pursuant to
this article exceeds the total amount appropriated for the 2008-09
fiscal year pursuant to this article.
   (c) The administrators of a program established pursuant to this
article may apply for funding pursuant to one of the following
options:
   (1) The program may operate during the regular school year for a
minimum of three hours per day and 15 hours per week, at a rate of
ten dollars ($10) per day for after school, and for a minimum of one
and one-half hours per day, at a rate of seven dollars ($7) per day
for before school.
   (2) The program may operate year round at the rate established in
paragraph (1) and a minimum of six hours per day and thirty hours per
week during the nonregular school year that includes intersession,
vacation, summer and weekend periods at a rate of twenty dollars
($20) per day. If the program chooses to operate year round for a
minimum of three hours per day and 15 hours per week for after
school, the rate shall be ten dollars ($10) per day, and for a
minimum of one and one-half hours per day for before school, the rate
shall be seven dollars ($7) per day. In its application for
year-round programming, an applicant shall describe any plans it has
to consolidate pupils on school sites that will remain open during
the summer, intersession, or vacation periods.
   (3) The program may operate during summer or intersession periods
only at a rate of twenty dollars ($20) per day for a minimum of six
hours per day and 30 hours per week. In its application for a summer
or intersession program, an applicant shall describe the sites it
shall use for programming and how it intends to coordinate with each
child's home school to correlate its academic services with the child'
s academic needs.
   (d) Core funding grants for programs serving middle and elementary
school pupils in before and after school programs shall be allocated
according to the same funding provisions, and subject to the same
reporting and accountability provisions, as described in Sections
8483.7 and 8483.75, except that the per day rates and the cash or
in-kind match requirements shall not apply. The maximum direct grant
amounts awarded annually pursuant to this subdivision for after
school programs shall be one hundred fifty thousand dollars
($150,000) for each regular school year for each elementary school
and two hundred thousand dollars ($200,000) for each regular school
year for each middle or junior high school. The maximum total grant
amount awarded annually pursuant to this subdivision for before
school programs shall be fifty-two thousand five hundred dollars
($52,500) for each regular school year for each elementary school and
sixty-eight thousand six hundred dollars ($68,600) for each regular
school year for each middle or junior high school. The maximum grants
for summer school, intersession, and vacation programs shall be 50
percent of the grantee's maximum grant amount for the regular school
year.
   (e) (1) Funding for a grant shall be allocated in annual
increments for a period not to exceed five years, subject to annual
reporting and recertification as required by the department. The
department shall establish a payment system to accommodate upfront
payments. The department shall notify new grantees, whose grant
awards are contingent upon the appropriation of funds for those
grants, in writing, no later than May 15 of each year in which new
grants are awarded. A first-year grant award shall be made no later
than 60 days after enactment of the annual Budget Act and any
authorizing legislation. A grant award for the second and subsequent
fiscal years shall be made no later than 30 days after enactment of
the annual Budget Act and any authorizing legislation. The grantee
shall notify the department in writing of its acceptance of the
grant.
   (2) For the first year of a grant, the department shall allocate
25 percent of the grant for that year no later than 30 days after the
grantee accepts the grant. For the second and subsequent years of
the grant, the department shall allocate 25 percent of the grant for
that year no later than 30 days after the annual Budget Act becomes
effective. The grantee shall not use more than 15 percent of an
annual grant award for administrative costs.
   (3) In addition to the funding allowed for administrative costs
under paragraph (2), up to 15 percent of the initial annual grant
award for each core grant recipient may be utilized for startup costs
including administrative costs.
   (4) Under no circumstance shall funding made available pursuant to
paragraphs (2) and (3) result in an increase in the total funding of
a grantee above the approved grant amount.
   (f) A grantee shall identify the federal, state, and local
programs that will be combined or coordinated with the proposed
program for the most effective use of public resources, and shall
prepare a plan for continuing the program beyond federal grant
funding.
   (g) A grantee shall submit semiannual attendance data and results
to facilitate evaluation and compliance in accordance with provisions
established by the department.
   (h) A program receiving a grant under this subdivision is not
assured of grant renewal from future state or federal funding at the
conclusion of the grant period.
   (i) A total annual grant award for core funding and direct grants
for a site serving elementary or middle school pupils shall be fifty
thousand dollars ($50,000) per year or more, consistent with federal
requirements.
   (j) The department shall give funding priority to grantees that
are reapplying for grants pursuant to this subdivision and, as
determined by the department, have demonstrated positive outcomes for
their pupils in the prior grant.
   (k) School sites serving an average daily attendance of 55 pupils
or less shall be entitled to supplemental compensation, on a sliding
scale, in order to ensure their capacity to meet all federal grant
requirements.
   (l) Funds received but unexpended under this article may be
carried forward to subsequent fiscal years consistent with federal
requirements. In year one, the full grant may be retained.
   (m) If funds remain after all of the priority allocations required
pursuant to subdivisions (a) and (b) have been made, the department
may use that money to fund additional qualified grant applications
under paragraph (1) of subdivision (b), in order to ensure that all
federal funds received for those purposes are expended for those
purposes. If funds remain after additional qualified grant
applications are approved for funding pursuant to paragraph (1) of
subdivision (b), the department may award the remaining funds for
additional qualified grant applications pursuant to paragraph (2) of
that subdivision.
   (n) The department periodically shall review the appropriateness
of the percentages in paragraphs (1) and (2) of subdivision (b), and
may adjust the percentages with the consent of the Advisory Committee
on Before and After School Programs.
   (o) This article shall be operative only to the extent that
federal funds are made available for the purposes of this article. It
is the intent of the Legislature that this article not be considered
a precedent for general fund augmentation of either the
state-administered, federally funded program of this article, or any
other state-funded before or after school program.
  SEC. 3.  Sections 1 and 2 of this act shall become operative July
1, 2010.