BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 798
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          SB 798 (DeSaulnier)
          As Amended  August 18, 2010
          Majority vote

           SENATE VOTE  :   31-6
           EDUCATION           7-0         APPROPRIATIONS      12-5        
          |Ayes:|Brownley, Nestande,       |Ayes:|Fuentes, Bradford,        |
          |     |Ammiano,                  |     |Huffman, Coto,  Davis, De |
          |     |Arambula, Carter, Eng,    |     |Leon, Gatto, Hall,        |
          |     |Torlakson                 |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |     |                          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
          |     |                          |     |                          |
           SUMMARY  :  Specifies that in any fiscal year (FY) in which the  
          total state appropriation for the federal 21st Century Community  
          Learning Centers (21st CCLC) program for that FY exceeds the  
          total state appropriation for FY 2008-09, the excess amount  
          shall be allocated on a priority basis for direct grants to  
          community learning centers through a specified formula.   
          Specifically,  this bill  :  

          1)Specifies that any amount exceeding the FY 2008-09 state  
            appropriation shall be allocated as follows:

             a)   35% to community learning centers serving high school  

             b)   50% to community learning centers serving elementary and  
               middle school pupils; and,

             c)   15% to summer programs serving elementary and middle  
               school pupils.

          2)Specifies that the appropriation for the new funding formula  
            established pursuant to this bill shall be allocated after  
            funds have been appropriated to the California Department of  
            Education (CDE) to provide technical assistance, evaluation  


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            and training services.

          3)Specifies that priority for 21st CCLC program funding shall be  
            given to programs with expiring grants if those programs have  
            satisfactorily met projected pupil outcomes as required by the  
            After School Education and Safety (ASES) Program specified in  
            Education Code (EC) Section 8484.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill alters the current funding formula for  
          federal carryover funds for the 21st CCLC program to include a  
          specified amount of funding for summer programs.  

           COMMENTS  :  The state receives approximately $130 million  
          annually in federal funds for the 21st CCLC program, which  
          provides funding for before and after school activities to  
          pupils in kindergarten through grade 12.  The state has chosen  
          to implement this program almost identical to the state's ASES  
          program, passed by voters through Proposition 49 in 2002, which  
          provides almost $550 million for before and after school  
          programs for 400,000 students in kindergarten through grade 9.   
          Existing law specifies that 5% of the federal funds shall be  
          provided to the CDE for administrative purposes that include  
          technical assistance, evaluation and training services.   
          Existing law also specifies that of the remaining funds, 40%  
          shall be allocated for programs serving elementary and middle  
          school pupils and 50% shall be allocated for direct grants to  
          community learning centers serving high school pupils.  The  
          remaining 10% is used for direct grants to community learning  
          center programs to provide equitable access and to provide  
          family literacy services.  Per pupil rates for serving  
          elementary and middle school pupils is $7.50 per day for after  
          school programs and $5 per day for before school programs.   
          Elementary and middle school programs receive grants up to a  
          maximum of $225,000 and $300,000, respectively, per year and  
          must provide academic assistance, educational enrichment and  
          family literacy services.  Federal requirements give priority  
          for funding to programs serving Title 1 kids (low-income kids  
          eligible for free and reduced-priced meals).  The 21st Century  
          High School After School Safety and Enrichment for Teens  
          (ASSETs) program provides grants between $50,000 to $250,000 per  
          school site based on $10 per student per day, and requires the  
          following elements:

          1)An academic assistance element that includes at least one of  


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            the following:  preparation for the high school exist exam,  
            tutoring, homework assistance, or college preparation.

          2)An enrichment element that may include, but is not limited to,  
            community service, career and technical education, job  
            readiness, opportunities for mentoring and tutoring younger  
            pupils, service learning, arts, computer and technology  
            training, physical fitness and recreation activities.

          This bill proposes to change the allocation formula for any  
          funds over the state's FY 2008-09 appropriation of the 21st CCLC  
          funds as follows:

          1)High school programs:  from 50% to 35%.

          2)Elementary and middle school programs:  from 40% to 50%.

          3)New summer program set aside:  15%.

          The author states that "the original implementation plan did not  
          accommodate the range of needs throughout the year, including  
          services during periods when the school is closed (e.g.,  
          vacation periods, intersession).  Currently children can receive  
          substantial academic and enrichment benefits during the 9 months  
          of the regular school year, then lose ground during the 2 -3  
          months of summer vacation."

          Due to prior unallocated amounts, the program currently has  
          almost $90 million in carryover dollars.  The CDE indicates that  
          over the last couple of years, it has had to use carryover funds  
          to backfill demand in excess of the annual allocations, and  
          projects spending down the carryover funds within the next few  
          years.  21st CCLC funds are currently allocated to the state  
          according to the number of Title 1 students.  There is a  
          proposal in Congress to change the allocation to a competitive  
          grant, which, if enacted, will give the state no guarantee that  
          it will continue to receive current level of funding.  

          The sponsor of this bill, the Partnership for Children and  
          Youth, states that demand for high school programs have  
          decreased while fewer summer programs are available due to  
          budget cuts.  The Partnership states, "Research is very clear  
          about the negative impacts that occur when children lack  
          learning opportunities during the months when they are not in  
          school.  This phenomenon called 'Summer Learning Loss' or  


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          'Summer Slide' disproportionately affects low-income children  
          and is also cumulative over time.  Some researchers attribute as  
          much as 2/3 of the achievement gap to a lack of summer learning  
          opportunities.  In addition, research also shows that children  
          gain weight more rapidly in the summer if they don't have access  
          to organized recreational or physical activity programs.  Nearly  
          all children enrolled in publicly funded after school programs  
          also receive free or reduced price meals during the school year,  
          and without those meals in the summer, many are receiving  
          lower-quality foods that are causing weight gain."

          There is no statewide data available on the number and adequacy  
          of summer programs.  The CDE does not require local educational  
          agencies (LEAs) to report this data.  However, results from a  
          survey conducted by the CDE shows that 26% of LEAs reported  
          cutting summer schools.  

          21st CCLC funds are authorized to be used for summer programs.   
          Grantees can request a supplemental grant that can be used for  
          summer, intersession or vacation periods.  Summer school  
          programs can also be funded through Supplemental Instruction  
          funds of $335 million (FY 2010-11), but the FY 2009-10 budget  
          agreement gave LEAs the flexibility to use funds from 39  
          categorical programs for any educational purposes for FY 2008-09  
          through 2012-13 (SBX3 4 (Ducheny), Chapter 12, Statutes of the  
          2009-10 Third Extraordinary Session).  Summer school fund is  
          part of the flexibility authorization and in a recent  
          Legislative Analyst's Office survey, 60% of district respondents  
          indicated that they had shifted supplemental funds for other  

          Using future increases in the amount over the state's  
          appropriation for FY 2008-09, which includes carryover funds,  
          this bill proposes to redirect 15% of the funding which would  
          normally go to high school programs to summer programs.  The CDE  
          does not have data readily available on the number of eligible  
          high school applications that have not received grants due to  
          inadequate funding.  While it is more difficult to recruit high  
          school pupils to attend after school programs, the 21st CCLC is  
          the only source of funding for high schools; ASES serves  
          students up to the ninth grade.  

          This bill also specifies that priority for 21st CCLC program  
          funding shall be given to programs with expiring grants if those  
          programs have satisfactorily met projected ASES program pupil  


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          outcomes.  This provision was contained in AB 1876 (Torlakson),  
          which was vetoed by the Governor on July 23rd with a message  
          regarding another provision in that bill.  This provision is  
          intended to give existing 21st CCLC grantees that have performed  
          well extra points to ensure continuity of services and is  
          similar to a provision (EC 8422) in the High School ASSETs  
          program that gives priority to expiring grants that have  
          satisfactorily met their projected attendance goals and  
          demonstrated other positive outcomes.  According to the CDE,  
          existing programs seeking renewal of their ASSETs grants are  
          given 10 extra points.    

           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087  

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