BILL ANALYSIS Ó
SB 429
Page 1
SENATE THIRD READING
SB 429 (DeSaulnier)
As Amended August 26, 2011
Majority vote
SENATE VOTE :26-12
EDUCATION 7-3 APPROPRIATIONS 12-5
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|Ayes:|Brownley, Ammiano, |Ayes:|Fuentes, Blumenfield, |
| |Buchanan, | |Bradford, Charles |
| |Butler, Carter, Eng, | |Calderon, Campos, Davis, |
| |Williams | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Norby, Beth Gaines, |Nays:|Harkey, Donnelly, |
| |Morrell | |Nielsen, Norby, Wagner |
| | | | |
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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)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.
2)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 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
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school year. Expresses the intent of the Legislature that a
grantee who serves additional pupils by operating a longer day
program not receive additional funding for this purpose.
3)Authorizes a supplemental grantee to change the location of
the program to address the needs of pupils and school
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.
4)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.
5)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.
6)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; and,
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential General Fund/Proposition 98 cost pressure,
likely between $200,000 and $300,000 to provide $15 per pupil
per day for a supplemental ASES grant.
COMMENTS : 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 fiscal year 2010-11, 450 predominantly districts and county
offices of education received grants, although local governments
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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
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, but does not prohibit a program from offering more
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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. The provision allowing a
program to enroll any student in the district is a new
provision. More importantly, this bill makes adjustments to the
attendance accounting by changing the per student per day rate
from $7.50 to $15 for programs operating a six-hour program.
However, the bill expresses legislative intent that a grantee
who serves additional pupils by operating a longer day program
not receive additional funding for this purpose.
In addition to the funds generated by Proposition 49, the state
also receives approximately $130 million annually in federal
funds for the 21st Century Community Learning Centers (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. Education Code Section 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.
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.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
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FN: 0002180