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 SB 798 Page 2 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 SB 798 Page 3 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). SB 798 Page 4 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 SB 798 Page 5 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 SB 798 Page 6 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.