BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 429
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          Date of Hearing:   June 22, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                  SB 429 (DeSaulnier) - As Amended:  April 26, 2011

           SENATE VOTE  :   26-12
           
          SUBJECT  :   After School Education and Safety Program: 
          supplemental grants

           SUMMARY  :  Authorizes an After School Education and Safety (ASES) 
          Program provider to use supplemental grant funds to operate a 
          six-hour program and establishes other parameters for programs 
          operating summer, intersession or vacation programs.  
          Specifically,  this bill  :  

          1)Strikes the provision in the section establishing a before 
            school program that authorizes a school to be eligible for 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% of the total grant 
            amount awarded to the school.  

          2)Authorizes a before or after school program 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, per school year, to the school.  

          3)Authorizes an existing after school supplemental grantee to 
            operate a three-hour or a six-hour per day program, but 
            specifies that an existing supplemental grantee is not 
            eligible to receive additional grant funds for the purpose of 
            operating a six-hour program.  Specifies that 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 
            Education Code (EC) Section 8483.7 shall be computed as if the 
            grant award were based upon the lesser of $15 per day of pupil 
            attendance or 30% of the total grant awarded to the school per 
            school year.

          4)Authorizes a supplemental grantee to change the location of 
            the program to address the needs of pupils and school 








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            closures. Authorizes the program to be conducted at an offsite 
            location or at an alternate schoolsite.  Requires the 
            supplemental grantee to give notice to the California 
            Department of Education (CDE) of the change of location and to 
            include a plan to provide safe transportation.

          5)Authorizes a supplemental grantee to open eligibility to every 
            pupil attending a school in the district.  Specifies that if 
            the program is conducted at a schoolsite, priority for 
            enrollment shall be given to the pupils enrolled at the 
            school.

          6)Requires a supplemental grantee operating a six-hour per day 
            program to provide for each needy pupil at least one 
            nutritionally adequate free or reduced-price meal during each 
            program day.

          7)Requires a supplemental grantee that operates a six-hour 
            extended day program to submit, for prior approval by the CDE, 
            a revised program plan that includes all of the following:

             a)   A plan for provision of the free or reduced-price meal 
               required by this bill.

             b)   An attendance and early release policy for the program 
               that is consistent with the local educational agency's 
               early release policy for the regular schoolday.

           EXISTING LAW  :

          1)Establishes the ASES program through the 2002 voter approved 
            initiative, Proposition 49, which funds the establishment of 
            local before and after school education and enrichment 
            programs, which are created through partnerships between 
            schools and local community resources to provide literacy, 
            academic enrichment and safe constructive alternatives for 
            students in kindergarten through ninth grade.  (EC 8482)

          2)Provides that each school that establishes an ASES program is 
            eligible to receive a three-year direct grant that is awarded 
            in three one-year increments and is subject to semiannual 
            attendance reporting and other requirements.  (EC 8483.7)

          3)Authorizes an ASES program to request, prior to or during the 
            application process, to provide services at another schoolsite 








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            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) 

          4)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.  Provides that programs located off of 
            school grounds cannot be approved unless safe transportation 
            is provided to the pupils enrolled in the program.  (EC 
            8484.6)

          5)Requires applicants to agree that snacks conform to nutrition 
            standards.  (EC 8482.3)  

          6)Establishes the following for after school programs:

             a)   A 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 school.  The 
               amount eligible for a schoolsite is based on a formula of 
               $7.50 per pupil per day of attendance, at a maximum of 
               $37.50 per pupil per week.  Authorizes a higher maximum 
               total grant for large schools. (EC 8483.7)

             b)   Requires 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. 
                Requires after school programs to establish a policy 
               regarding reasonable early daily release of pupils from the 
               program.  (EC 8483)

             c)   Authorizes an ASES grantee to receive a supplemental 
               grant to operate in excess of 180 days or during any 
               combination of summer, intersession, or vacation for a 
               minimum of three hours per day for a maximum of the lesser 
               of the following amounts:

               i)     $7.50 per pupil per day.

               ii)    30% of the total grant amount awarded to the school 
                 per school year.  (EC 8483.7)

          7)Establishes the following for before school programs:









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             a)   A 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.  The amount 
               eligible per schoolsite is based on a formula of $5 per 
               pupil per day of attendance, at a maximum of $25 per pupil 
               per week.  Authorizes a higher maximum total grant for 
               large schools.  (EC 8483.75) 

             b)   Requires before school programs to operate for at least 
               one and a half hours per regular schoolday, and to 
               establish a policy regarding reasonable late daily arrival 
               of pupils to the program.  Requires before school programs 
               to offer a breakfast meal for all program participants.  
               (EC 8483.1)

             c)   Authorizes 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 for a minimum of two hours 
               per day for the regular school year.  (EC 8483.75 and 
               8483.1)  

          8)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 of four and a half hours 
            per day.  (EC 8483.2)

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, potential significant loss of savings.  In 2009-10, 
          less than 5% of ASES supplemental grant funding was unspent and 
          reverted back to the account. 

           COMMENTS  :   ASES   program  .  The ASES program, passed by voters as 
          Proposition 49 in 2002, provides almost $550 million annually 
          for before and after school programs for kindergarten through 
          grade 9 students.  In FY 2010-11, 450 predominantly districts 
          and county offices of education received grants, although local 
          governments and nonprofit organizations working in partnership 
          with local educational agencies may also apply.  After school 
          programs must commence right after school and at least until 6 
          p.m. for 15 hours per week.  Direct grants are provided in three 
          one-year increments with maximum grants at $112,500 per year for 
          elementary schools and $150,000 per year for middle or junior 
          high schools based on a per pupil amount of $7.50 per day.  
          Priority for funding goes to schools where at least 50% of the 








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          pupils are eligible for free- or reduced-priced lunch.  Each 
          program is required to provide a match equal to not less than 
          one-third of the total grant.  Facilities may count towards 25% 
          of the local contribution.  

          Participating after-school programs are required to have an 
          educational and literacy component in which tutoring or homework 
          assistance is provided in one or more of the following areas:  
          language arts, mathematics, history and social science, computer 
          training, or sciences; and an educational enrichment component, 
          which may include, but is not limited to, fine arts, career 
          technical education, recreation, physical fitness and prevention 
          activities.  

          The program requires before school programs to operate one and a 
          half hours a day and after school programs to operate after 
          school until 6 p.m. for a minimum of 15 hours per week.  ASES 
          grantees can request supplemental grants in order to operate for 
          more than 180 days or to operate during summer, intersession or 
          vacation.  This bill makes a number of changes to the operation 
          of programs funded by supplemental grants, including allowing a 
          program to operate up to six hours per day, changing the 
          location of the program to another schoolsite or another offsite 
          location, expanding eligibility to any student enrolled in a 
          school in the district but giving priority to students enrolled 
          at the school, requiring a program that operates for six hours 
          to provide needy students at least one nutritionally adequate 
          free or reduced price meal, and making adjustments to attendance 
          accounting procedures for operating a six hour program.  The 
          bill specifies that a grantee will not receive additional funds 
          beyond the maximum amount for which it is eligible in order to 
          operate the program for six hours.  

          Existing law requires an after school program operating during 
          the summer, intersession or vacation to provide a minimum of 
          three hours; existing law does not prohibit a program to offer 
          more than three hours.  Existing law also currently authorizes 
          programs to operate at a location other than the schoolsite, 
          including a community park or recreational facility.  It can be 
          argued that grantees can already operate a six-hour program and 
          locate at a site other than the schoolsite.  The co-sponsors of 
          this bill, Partnership for Children and Youth, the 
          Superintendent of Public Instruction Tom Torlakson, and Children 
          Now, argue that this bill is needed to make it clear to grantees 
          that a six hour program is allowable.  More importantly, this 








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          bill makes adjustments to the attendance accounting by changing 
          the accounting of the per student per day rate from $7.50 to $15 
          for programs operating a six-hour program.  The provision 
          allowing a program to enroll any student in the district is also 
          a new provision.  

           21st Century Community Learning Centers (CCLC)  .  In addition to 
          the funds generated by Proposition 49, the state also 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.  EC 8484.75 specifies that with 
          some exception, the provision of the ASES program apply to the 
          21st CCLC.  Therefore, the provisions of this bill also apply to 
          the federal program.   
            
           Arguments in Support  .  According to the author, this bill 
          addresses unmet need during summer months.  The author states 
          that summer months are critical, especially for low-income 
          children disproportionately impacted by summer learning loss and 
          decreased access to nutritious meals offered during the school 
          year and physical activity.  Due to budget cuts, many districts 
          have eliminated summer school.  By authorizing a program to 
          operate for six hours, this bill provides flexibility for 
          schools to offer a program during hours that respond to student 
          and family needs in the context of scaled back summer school 
          options.  The author also argues that by allowing enrollment of 
          any student attending school in the district, opportunities are 
          provided to students whose schools may not be offering a summer 
          program.

          State Superintendent of Public Instruction Tom Torlakson states, 
          "SB 429 is an important bill that would give after school 
          grantees more flexibility to meet the individual needs of the 
          students and communities that they serve.  There is zero cost to 
          the state for this flexibility, as these supplemental grants 
          have already been awarded to districts.  This bill would simply 
          give them the ability to use their dollars more flexibly.  I 
          have witnessed the many successes of these after school 
          programs, and I am committed to giving schools and districts the 
          resources they need to educate, motivate, and inspire our 
          state's students."

           Committee Amendments  :  Staff recommends a technical amendment 








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          reinstating EC 8483.75(a)(3) and inserting in EC 8483.7(a)(4) 
          and 8483.75(a)(3) language that cross references EC 8483.76 
          established by this bill.   

           Related legislation  .  SB 614 (Kehoe), also scheduled for this 
          Committee's June 22nd hearing, authorizes ASES programs to offer 
          age-and gender-appropriate self-defense and safety awareness 
          training.

           Prior related legislation  .  SB 798 (DeSaulnier), Chapter 479, 
          Statutes of 2010, requires any federal 21st CCLC program funds 
          that exceed the total state appropriation for fiscal year 
          2008-09 to be allocated in accordance with a specified formula 
          that includes 15% for summer programs serving elementary and 
          middle school pupils.

          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Children Now (co-sponsor)
          Partnership for Children and Youth (co-sponsor)
          State Superintendent of Public Instruction, Tom Torlakson 
          (co-sponsor)
          A World Fit For Kids!
          Bay Area Community Resources
          Boys & Girls Clubs of Greater Oxnard & Port Hueneme
          Boys & Girls Clubs of the Peninsula
          Boys & Girls Clubs of Redlands
          Boys & Girls Clubs of San Leandro
          Boys & Girls Clubs of Tracy
          California After School Coalition
          California Alliance of Boys & Girls Clubs
          California State Alliance of YMCAs
          Central Valley Afterschool Foundation
          Contra Costa County Board of Supervisors
          Fresno County Office of Education
          Jamestown Community Center
          LA's BEST
          learning enrichment after-school program
          Los Angeles County Interim Superintendent of Schools, Jon R. 
          Gundry
          National Summer Learning Association
          Project APPLE/AmeriCorps
          Redwood City School District








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          Santee School District
          Sunset Neighborhood Beacon Center 
            THINK Together
          Woodcraft Rangers

           Opposition 
           None on file

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