BILL NUMBER: SB 798 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN ASSEMBLY AUGUST 18, 2010
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY JUNE 24, 2010
AMENDED IN SENATE JANUARY 11, 2010
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE APRIL 1, 2009
INTRODUCED BY Senator DeSaulnier
FEBRUARY 27, 2009
An act to amend Section 8484.8 of the Education Code, relating to
before and after school programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 798, 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.
This bill would require, in any fiscal year in which the total
state appropriation for that fiscal year under this program exceeds
the total state appropriation for the 2008-09 fiscal year after
certain funds have been allocated, that the excess amount be
allocated for direct grants to community learning centers in
accordance with a prescribed schedule. The bill would require
priority for funds allocated to programs serving elementary and
middle school pupils to be given to programs with expiring grants,
subject to specified requirements.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8484.8 of the Education Code is amended to
read:
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 schooldays 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. However, priority for funding
pursuant to this subdivision shall be given to programs with expiring
grants, if those programs have satisfactorily met projected pupil
outcomes pursuant to subdivision (a) of Section 8484.
(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) In any fiscal year in which the total state appropriation for
that fiscal year exceeds the total state appropriation for the
2008-09 fiscal year after funds have been allocated pursuant to
subdivision (a), the excess amount shall be allocated on a priority
basis for direct grants to community learning centers funded pursuant
to Section 8421 as follows:
(1) Thirty-five percent to community learning centers serving high
school pupils.
(2) Fifty percent to community learning centers serving elementary
and middle school pupils.
(3) Fifteen percent to summer programs serving elementary and
middle school pupils.
(k) 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.