BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-2012 Regular Session BILL NO: SB 429 AUTHOR: DeSaulnier AMENDED: April 4, 2011 FISCAL COMM: Yes HEARING DATE: April 13, 2011 URGENCY: No CONSULTANT: Lynn Lorber SUBJECT : After School Education and Safety Program. SUMMARY This bill allows after school programs to offer a 6-hour program using existing supplemental grant funds. BACKGROUND Current law establishes the After School Education and Safety (ASES) program, consisting of before and after school academic enrichment. ASES Programs receive direct grants, where attendance is projected and grants are funded up-front, in three one-year increments. (Education Code § 8482.4) Current law: 1) Provides that each school that establishes an ASES program is eligible to receive a 3-year direct grant that is awarded in three 1-year increments and is subject to semiannual attendance reporting and other requirements. (EC § 8483.7) 2) Authorizes an ASES program to request, prior to or during the application process, to provide services at another schoolsite if there is a significant barrier to pupil participation at the school of attendance for either the before school or the after school component. (EC § 8482.8) 3) Authorizes ASES programs to be conducted on the grounds of a community park, recreational facility or other site as approved by the Department of Education in the grant application process. Programs located SB 429 Page 2 off of school grounds cannot be approved unless safe transportation is provided to the pupils enrolled in the program. (EC § 8484.6) 4) Provides that every pupil attending a school operating an ASES program is eligible to participate in the program, subject to program capacity. (EC § 8482.6) 5) Requires applicants for grants to agree that snacks conform to nutrition standards. (EC § 8483.2) After school component 1) Sets the maximum total direct grant awarded annually at $112,500 for each regular school year for elementary schools and $150,000 for middle or junior high schools. 2) The total annual direct grant amount for which a site is eligible is based on a formula of $7.50 per pupil per day of attendance, at a maximum of $37.50 per pupil per week. 3) Allows for a higher maximum total grant for large schools according to a formula. 4) Provides that a school with an after school program is eligible for a supplemental grant to operate in excess of 180 days or during any combination of summer, intersession, or vacation for a maximum of the lesser of the following amounts: a) $7.50 per pupil per day. b) 30% of the total grant amount awarded to the school per school year. (EC § 8483.7) 5) Requires after school programs to begin immediately upon the end of the regular schoolday and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. After school programs are required to establish a policy regarding reasonable early daily release of pupils from the SB 429 Page 3 program. (EC § 8483) Before school component 1) For before school programs, sets the maximum total grant amount awarded annually at $37,500 for each regular school year for elementary schools and $49,000 for middle or junior high schools. 2) The total annual direct grant amount for which a site is eligible is based on formula of $5 per pupil per day of attendance, at a maximum of $25 per pupil per week. 3) Allows for a higher maximum total grant for large schools. 4) Provides that a school with a before school program is eligible to receive a supplemental grant to operate in excess of 180 days or during any combination of summer, intersession or vacation for a maximum of 30% of the total grant amount awarded to the school per year. (EC § 8483.75) 5) Requires before school programs to operate for at least 1 hours per regular schoolday, and to establish a policy regarding reasonable late daily arrival of pupils to the program. 6) Requires before school programs to offer a breakfast meal for all program participants. (EC § 8483.1) Summer, intersession, vacation 1) Authorizes after school programs to operate during any combination of summer, intersession, or vacation periods for a minimum of 3 hours per day. (EC § 8483) 2) Authorizes before school programs to operate during any combination of summer, intersession, or vacation periods for a minimum of 2 hours per day for the regular school year. (EC § 8483.1) 3) Requires any program operating both a before and after school component for the same pupils during summer, intersession, or vacation periods to operate a minimum SB 429 Page 4 of 4 hours per day. (EC § 8483.2) ANALYSIS This bill allows after school programs to offer a 6-hour program using existing supplemental grant funds. Specifically, this bill: 1) Authorizes a before or after school program to receive a supplemental grant top operate 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. 2) Authorizes an existing after school supplemental grantee to operate a 3-hour or 6-hour per day program without receiving additional grant funds. 3) Requires the target attendance level to be computed for 6-hour programs as if the grant were based on a formula of $15.00 per day of pupil attendance. 4) Authorizes a program that receives a supplemental grant to change the location of the program to address the needs of pupils and school closures and to be conducted at an offsite location or at an alternate schoolsite. Programs must notify the California Department of Education (CDE) about any change in location and include a plan to provide safe transportation pursuant to existing After School Education and Safety (ASES) requirements. 5) Authorizes a program receiving a supplemental grant to open eligibility to every pupil attending a school in the district, and requires priority for enrollment to be given to pupils in the attendance area of a school if the program is conducted at a schoolsite. 6) Requires a program operating a 6-hour program to provide to each needy pupil one nutritionally adequate free or reduced-price meal each day. 7) Requires a program operating a 6-hour program to SB 429 Page 5 submit to the California Department of Education (CDE) for prior approval a revised program plan that includes both of the following: a) A plan for the provision of free and reduced-price meals. b) An attendance and early release policy for the program that is consistent with the school district's early release policy for the regular schoolday. STAFF COMMENTS 1) Purpose of the bill . According to the author, "Fewer schools are offering summer school due to budget cuts. Research shows that 'summer slide' disproportionately affects low-income children and is also cumulative over time. 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. This bill will provide current after school grantee with supplemental grants the flexibility to better address the needs of students and communities during the summer months." 2) Need for full-day programs . When summer school is available to pupils, there is generally a need only for a part-day after school program to provide a structured environment for pupils in the afternoon. Some school districts have eliminated, or will eliminate, summer school and therefore, pupils will need a full-day program to meet their needs. This bill seeks to address situations where there is a need for a full-day program by allowing after school programs to operate a 6-hour program within the existing supplemental grant. 3) Availability of facilities . This bill authorizes an after school program to operate at an offsite location or an alternate schoolsite in anticipation of fewer SB 429 Page 6 school facilities being available for after school programs. This bill also allows providers to open eligibility to every pupil attending a school in the district, due to concerns about the unavailability of summer school sites. 4) Clarifying amendments . Staff recommends the following amendments: a) Clarify that the amount of the supplemental grant is based on the total grant awarded per school year. b) Specifically prohibit a grantee from receiving additional funding pursuant to this bill. c) Reinstate the formula to determine the amount of a supplemental grant for an after school component to be the lesser of 30% of the total grant per year or the per day rate ($7.50 for 3-hours and $15 for 6-hours). SUPPORT A World Fit For Kids Boys & Girls Clubs of Greater Oxnard and Port Hueneme Boys & Girls Clubs of the Peninsula Boys & Girls Clubs of Tracy California After School Coalition California Alliance of Boys & Girls Clubs California State Alliance of YMCAs Central Valley Afterschool Foundation Children Now Fresno County Office of Education Jamestown Community Center National Summer Learning Association Partnership for Children and Youth Pro-Youth/HEART After-School Program Sacramento City Unified School District San Leandro Boys & Girls Club Sunset Neighborhood Beacon Center Superintendent of Public Instruction Team-Up for Youth THINK Together SB 429 Page 7 Whittier City School District Woodcraft Rangers An individual OPPOSITION None on file.