BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       SB 798
          AUTHOR:        DeSaulnier
          AMENDED:       April 1, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 22, 2009
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  21st Century Before and After School Programs
          
           SUMMARY  

          This bill reduces the percentage of 21st Century Community  
          Learning Centers funding that may be awarded to programs  
          serving high school pupils, increases daily rates and total  
          grant amounts for all 21st Century programs, and makes  
          related changes.

           BACKGROUND  

          The 21st Century Community Learning Centers (21st Century)  
          is a federally funded before and after school program that  
          provides disadvantaged K-12 pupils (50% or more eligibility  
          for free and reduced-price meals) with academic enrichment  
          and support.  California's After School Education and  
          Safety (ASES) program and 21st Century programs are nearly  
          identical and can operate in tandem.  Both programs are  
          administered by the Superintendent of Public Instruction.

          California receives approximately $130 million annually in  
          federal 21st Century funds.  However, California is  
          currently funding $160 million worth of grants due to the  
          availability of carryover funds.  According to the  
          statutorily required split between programs for elementary  
          and middle school pupils and programs for high school  
          pupils, 21st Century programs serving high school pupils  
          are currently funded with $80 million (there are three  
          cohorts that receive a series of five one-year grants).

          Current law:

          1)   Provides that 50% of 21st Century grant funds may be  
               awarded to grantees serving elementary or middle  




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               school pupils, and 50% may be awarded to grantees  
               serving high school pupils.

          2)   Establishes a daily rate for both elementary and  
               middle school programs of $7.50 per pupil for the  
               after school component, and $5 per pupil for the  
               before school component.  There is no daily rate for  
               high school programs.  

          3)   Caps total grant amounts as follows:

               a)        For the after school component: 

                    i)             $112,500 for elementary school  
                         programs.
                    ii)            $150,000 for middle school  
                         programs.

               b)        For the before school component: 

                    i)             $37,500 for elementary school  
                         programs.
                    ii)            $49,000 for middle school  
                         programs.

               Provides that the grant amount for high school  
               programs is $250,000.

           ANALYSIS
           
           This bill  modifies the funding formula for federal 21st  
          Century Community Learning Centers programs, and makes  
          related changes.  Specifically, this bill:

          1)   Increases the daily rate from $7.50 to $10 for the  
               after school component, and from $5 to $7 for the  
               before school component for 21st Century programs that  
               serve elementary and middle school pupils.  There is  
               no daily rate for high school programs. 

          2)   Establishes a daily rate of $20 for intersession  
               programs serving elementary and middle school pupils  
               that operate for a minimum of six hours, or a rate of  
               $10 (for after school component) and $7 (for before  
               school component) for programs that only operate for  
               three hours. The current daily rate for the  




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               supplemental grant (for intersession programs) is  
               $7.50 per pupil.

          3)   Decreases the percentage of 21st Century grant funds  
               that may be awarded to grantees operating an after  
               school program for high school pupils from 50% to 35%.

          4)   Establishes that 15% of 21st Century grant funds may  
               be awarded to grantees operating an after school  
               program during the summer that serves elementary and  
               middle school pupils. 

          5)   Increases the maximum annual grant amounts for the  
               after school component as follows:

               a)        From $112,500 to $150,000 for elementary  
                    school programs.
               b)        From $150,000 to $200,000 for middle school  
                    programs.

          6)   Increases the maximum annual grant amounts for the  
               before school component as follows:

               a)        From $37,500 to $52,500 for elementary  
                    school programs.
               b)        From $49,000 to $68,600 for middle school  
                    programs.

          7)   Increases the amount of supplemental funding that may  
               be used for intersession programs, from 30% to 50%, of  
               the after school grant awarded that grantee.  

          8)   Gives priority for new funding (at the higher rate) to  
               existing grantees.  Current law gives priority only  
               for existing high school programs that apply for a new  
               grant.

          9)   Provides that elementary and middle school sites  
               serving an average daily attendance of 55 pupils or  
               less are entitled to supplemental compensation, on a  
               sliding scale, in order to ensure their capacity to  
               meet all federal grant requirements.  This protects  
               small programs because the minimum grant level allowed  
               is $50,000.  Small programs may actually receive a  
               smaller grant pursuant to this bill ($10 per pupil per  
               day, with 20 pupils for 180 days equals $36,000).




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          10)  Requires California Department of Education (CDE) to  
               periodically review the appropriateness of the  
               percentage splits between elementary/middle, high  
               school, and intersession programs, and authorizes CDE  
               to adjust the percentages with the consent of the  
               Advisory Committee on Before and After School  
               Programs.  

          11)  Requires all sites operating during the summer that  
               are eligible to provide free meals and snacks,  
               pursuant to the USDA's Summer Food Service Program, to  
               offer free meals and snacks.

          12)  Consolidates funding, and therefore the application  
               for funding, for separate 21st Century funds (direct  
               grant and two opportunity grants).

          13)  Provides that the daily and maximum grant amount are  
               to be triggered only when CDE determines that  
               sufficient federal funds are available to ensure that  
               the cumulative number of pupils that can be served at  
               the higher rate is equal to or greater than the  
               cumulative number of pupils served under rates used in  
               the 2008-09 fiscal year.

          14)  Provides that these provisions are to become operative  
               only to the extent that federal funds are made  
               available for the purposes of these provisions, but  
               not before July 1, 2010.

           STAFF COMMENTS  

           1)   Why reduce the percentage of funding for high school  
               programs  ?  Demand for after school programs at high  
               schools is dramatically less than for programs at  
               elementary and middle schools.  

           2)   Increase rates or fund more programs  ?  The California  
               Department of Education (CDE) has received  
               applications for funding for elementary and middle  
               school programs totaling $140 million, but only $16  
               million is available to be awarded in the 2009-10  
               fiscal year.  If additional federal 21st Century funds  
               become available to California, should additional  
               programs be funded or should the daily rates and total  




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               grant amounts be increased?  Can quality programs  
               operate for a daily rate of $7.50 per pupil?

           3)   Advisory committee  .  This bill authorizes CDE to  
               adjust the percentages split between elementary/middle  
               school programs and high schools, with the consent of  
               the Advisory Committee on Before and After School  
               Programs.  The CDE currently does not need the consent  
               of the advisory committee to take action.  Some  
               members of the advisory committee are grantees.  Staff  
               recommends an amendment to instead require CDE to  
               consult with the advisory committee.

          4)   Summer programs  .  This bill established a dedicated  
               percentage (15%) of 21st Century funding for programs  
               that operate only in the summer.  These programs are  
               currently funded via the "supplemental grant," and  
               grantees must also operate a regular-year program to  
               be eligible for the supplemental grant.  This bill  
               allows applicants to be awarded funding to solely  
               operate a summer program.   

           5)   Prior legislation  .  SB 638 (Torlakson, Chapter 380,  
               2006) among other things, increased grant amounts for  
               ASES programs. While SB 638 did not directly address  
               21st Century programs, current law provides that grant  
               amounts for ASES and 21st Century programs are to be  
               the same. 

           SUPPORT  

          After School All-Stars, LA
          Aim High
          American Federation of State, County and Municipal  
          Employees
          Bay Area Partnership
          Boy & Girls Clubs, California Alliance
          Boys & Girls Clubs of the Los Angeles Harbor
          Boys & Girls Clubs of Garden Grove
          Boys & Girls Clubs of Hollywood
          Breakthrough Collaborative
          California Food Policy Advocates
          Central Valley Afterschool Foundation
          Children Now
          Contra Costa County Supervisor Gioia
          Coachella Valley Unified School District Afterschool  




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          Programs
          Cybermill
          Fight Crime: Invest in Kids
          Girls Incorporated of Alameda County
          LA's BEST
          League of California Afterschool Providers
          Long Beach Unified School District Wrap After School  
          Programs
          San Francisco Department of Children Youth & Their Families
          Sunset Neighborhood Beacon Center
          Woodcraft Rangers
          YMCA of the East Bay, West Contra Costa Branch

           OPPOSITION

           None received.