BILL NUMBER: SB 429 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senator DeSaulnier
FEBRUARY 16, 2011
An act to amend Section 8484.8 of the Education Code,
relating to community learning centers. An act to
amend Sections 8483.7 and 8483.75 of, and to add Section 8483.76 to,
the Education Code, relating to child care.
LEGISLATIVE COUNSEL'S DIGEST
SB 429, as amended, DeSaulnier. Education: community
learning centers: funding. Child care: After School
Education and Safety Program: supplemental grants.
Existing law provides that each school that establishes a program
pursuant to the After School Education and Safety Program is eligible
to receive a three-year direct grant, as specified, and is eligible
to receive a supplemental grant to operate the program in excess of
180 regular schooldays or during any combination of summer,
intersession, or vacation periods, as specified.
This bill would delete the provisions pertaining to the
supplemental grant.
Existing law provides that every school that establishes a before
school program component is eligible to receive a 3-year renewable
direct grant, as specified, and is eligible to receive a supplemental
grant to operate the program in excess of 180 schooldays during any
combination of summer, intersession, or vacation periods, as
specified.
This bill would delete the provisions pertaining to the
supplemental grant.
This bill would instead provide that any school that establishes a
program pursuant to either of the provisions above is eligible to
receive a supplemental grant to operate the program in excess of 180
regular schooldays or during any combination of summer, intersession,
or vacation periods for a maximum of 30% of the total grant amount
awarded to the school, as specified. The bill would allow
supplemental grantees to change the location of the program and to
open eligibility for the program, as specified. The bill would also
require a supplemental grantee operating a 6-hour extended day
program to submit, for prior approval by the State Department of
Education, a revised program plan, as specified.
Existing law provides that specified funds are available for
carrying out programs related to the 21st Century Community Learning
Centers programs, as specified.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8483.7 of the
Education Code is amended to read:
8483.7. (a) (1) (A) Each school that establishes a program
pursuant to this article is eligible to receive a three-year direct
grant, that shall be awarded in three one-year increments and is
subject to semiannual attendance reporting and requirements as
described in Section 8482.3 once every three years.
(i) The department shall provide technical support for development
of a program improvement plan for grantees under the following
conditions:
(I) If actual pupil attendance falls below 75 percent of the
target attendance level in any year of the grant.
(II) If the grantee fails, in any year of the grant, to
demonstrate measurable outcomes pursuant to Section 8484.
(ii) The department shall adjust the grant level of any school
within the program that is under its targeted attendance level by
more than 15 percent in each of two consecutive years.
(iii) In any year after the initial grant year, if the actual
attendance level of a school within the program falls below 75
percent of the target attendance level, the department shall perform
a review of the program and adjust the grant level as the department
deems appropriate.
(iv) The department shall create a process to allow a grantee to
voluntarily lower its annual grant amount if one or more sites are
unable to meet the proposed pupil attendance levels by the end of the
second year of the grant.
(v) A grantee who has had its grant amount reduced may
subsequently request an increase in funding up to the maximum grant
amounts provided under this subdivision.
(vi) The department may terminate the grant of any site or program
that does not comply with fiscal reporting, attendance reporting, or
outcomes reporting requirements established by the department and
pursuant to Section 8484. The department may withhold the grant
allocation for a program or site if the prior grant year's fiscal or
attendance reporting remains outstanding, until the reports have been
filed with the department.
(vii) Notwithstanding any other provision of this subdivision or
any other provision of law, after the technical assistance required
under clause (i) has been provided, the department may at any time
terminate the grant of any school in a program that fails for three
consecutive years to meet either of the following requirements:
(I) Demonstrate measurable program outcomes pursuant to Section
8484.
(II) Attain 75 percent of its proposed attendance level after
having had its program reviewed and grant level adjusted by the
department.
(B) Direct grants may be awarded to applicants that have
demonstrated readiness to begin operation of a program or to expand
existing programs.
(C) The maximum total direct grant amount awarded annually
pursuant to this paragraph shall be one hundred twelve thousand five
hundred dollars ($112,500) for each regular school year for each
elementary school and one hundred fifty thousand dollars ($150,000)
for each regular school year for each middle or junior high school.
The Superintendent shall determine the total annual direct grant
amount for which a site is eligible based on a formula of seven
dollars and fifty cents ($7.50) per pupil per day of pupil attendance
that the program plans to serve, with a maximum total grant of
thirty-seven dollars and fifty cents ($37.50) per projected pupil per
week, and a formula of seven dollars and fifty cents ($7.50) per
projected pupil per day of staff development, with a maximum of three
staff development days per year. A program may provide the three
days of staff development during regular program hours using funds
from the total grant award.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 600.
(B) For middle schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 900.
(3) The maximum total grant amounts set forth in subparagraph (C)
of paragraph (1) may be increased from any funds made available for
this purpose in the annual Budget Act for participating schools that
have pupils on waiting lists for the program. Grants may be increased
by the lesser of an amount that is either 25 percent of the current
maximum total grant amount or equal to the proportion of pupils
unserved by the program as measured by documented waiting lists as of
January 1 of the previous grant year, compared to the actual after
school enrollment on the same date. The amount of the required cash
or in-kind matching funds shall be increased accordingly. First
priority for an increased maximum grant pursuant to this paragraph
shall be given to schools that qualify for funding pursuant to
subdivision (b) of Section 8482.55. Second priority shall be given to
schools that receive funding priority pursuant to subdivision (f) of
Section 8482.55.
(4) A school that establishes a program pursuant to this section
is eligible to receive a supplemental grant to operate the program in
excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation periods for a maximum of the lesser
of the following amounts:
(A) Seven dollars and fifty cents ($7.50) per day per pupil.
(B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to subparagraph (C) of paragraph (1).
(5)
(4) Each program shall provide an amount of cash or
in-kind local funds equal to not less than one-third of the total
grant from the school district, governmental agencies, community
organizations, or the private sector. Facilities or space usage may
fulfill not more than 25 percent of the required local contribution.
(6)
(5) (A) A grantee may allocate, with departmental
approval, up to 125 percent of the maximum total grant amount for an
individual school, so long as the maximum total grant amount for all
school programs administered by the program grantee is not exceeded.
(B) A program grantee that transfers funds for purposes of
administering a program pursuant to subparagraph (A) shall have an
established waiting list for enrollment, and may transfer only from
another school program that has met a minimum of 70 percent of its
attendance goal.
(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for after
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
after school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized for startup costs. Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's total funding above the approved grant amount.
(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the
date the grantee accepts the grant.
(e) The department may adjust the amount of a direct grant,
awarded to a new applicant pursuant to this section, on the basis of
the program start date, as determined by the department.
SEC. 2. Section 8483.75 of the
Education Code is amended to read:
8483.75. (a) (1) (A) Each school that establishes a before school
program component pursuant to Section 8483.1 is eligible to receive
a three year renewable direct grant, that shall be awarded in three
one-year increments and is subject to semiannual attendance reporting
and renewal as required by the department. Before school programs
established pursuant to this section shall be subject to the same
reporting and accountability provisions described in subparagraph (A)
of paragraph (1) of subdivision (a) of Section 8483.7.
(B) The maximum total grant amount awarded annually pursuant to
this paragraph shall be thirty-seven thousand five hundred dollars
($37,500) for each regular school year for each elementary school and
forty-nine thousand dollars ($49,000) for each regular school year
for each middle or junior high school.
(C) The Superintendent shall determine the total annual direct
grant amount for which a site is eligible based on a formula of five
dollars ($5) per pupil per day that the program plans to serve, with
a maximum total grant of twenty-five dollars ($25) per projected
pupil per week.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply seventy-five dollars ($75) by
the number of pupils enrolled at the schoolsite for the normal
schoolday program that exceeds 600.
(B) For middle schools, multiply seventy-five dollars ($75) by the
number of pupils enrolled at the schoolsite for the normal schoolday
program that exceeds 900.
(3) A school that establishes a program pursuant to this article
is eligible to receive a supplemental grant to operate the program in
excess of 180 schooldays during any combination of summer,
intersession, or vacation periods for a maximum of 30 percent of the
total grant amount awarded to the school per school year under this
subdivision.
(4)
(3) Each program shall provide an amount of cash or
in-kind local funds equal to not less than one-third of the total
grant from the school district, governmental agencies, community
organizations, or the private sector. Facilities or space usage may
fulfill not more than 25 percent of the required local contribution.
(5)
(4) (A) The department may award up to 125 percent of
the maximum total grant amount for an individual school, so long as
the maximum total grant amount for all school programs administered
by the program grantee is not exceeded.
(B) A program grantee that is awarded funds pursuant to
subparagraph (A) shall have an established waiting list for
enrollment, and may receive funds only from another school program
that has met a minimum of 70 percent of its attendance goal.
(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for before
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
before school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized for startup costs. Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's total funding above the approved grant amount.
(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the
date the grantee accepts the grant.
SEC. 3. Section 8483.76 is added to the
Education Code , to read:
8483.76. (a) A school that establishes a program pursuant to
Section 8483.7 or 8483.75 is eligible to receive a supplemental grant
to operate the program in excess of 180 regular schooldays or during
any combination of summer, intersession, or vacation periods for a
maximum of 30 percent of the total grant amount awarded to the
school.
(b) An existing after school supplemental grantee may operate a
three-hour or a six-hour program without receiving additional grant
funds. If the grantee operates a six-hour per day program, the target
attendance level for the purpose of grant reductions pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) of Section
8483.7 shall be computed as if the grant award were based upon a
formula of fifteen dollars ($15.00) per day of pupil attendance.
(c) A supplemental grantee that operates a program pursuant to
this section may change the location of the program to address the
needs of pupils and school closures. The program may be conducted at
an offsite location or at an alternate schoolsite. The supplemental
grantee shall give notice to the department of the change of location
and shall include a plan to provide safe transportation pursuant to
Section 8484.6.
(d) A supplemental grantee that operates a program pursuant to
this section may open eligibility to every pupil attending a school
in the district. If the program is conducted at a schoolsite,
priority for enrollment shall be given to the pupils in the
attendance area of the school.
(e) A supplemental grantee operating a six-hour program shall
provide for each needy pupil one nutritionally adequate free or
reduced-price meal during each program day pursuant to Section 49550.
(f) A supplemental grantee that operates a six-hour extended day
program is required to submit, for prior approval by the department,
a revised program plan that includes all of the following:
(1) A plan for provision of the free or reduced-price meal
required by subdivision (e).
(2) An attendance and early release policy for the program that is
consistent with the local educational agency's early release policy
for the regular school day.
SECTION 1. Section 8484.8 of the Education Code
is amended to read:
8484.8. Consistent 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 up-front
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.