BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 429| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 429 Author: DeSaulnier (D), et al Amended: 9/1/11 Vote: 21 SENATE EDUCATION COMMITTEE : 7-1, 4/13/11 AYES: Lowenthal, Alquist, Hancock, Liu, Price, Simitian, Vargas NOES: Huff NO VOTE RECORDED: Runner, Blakeslee, Vacancy SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/26/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Emmerson, Runner SENATE FLOOR : 26-12, 6/1/11 AYES: Alquist, Blakeslee, Calderon, Corbett, Correa, De León, DeSaulnier, Evans, Fuller, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Steinberg, Vargas, Wolk, Wright, Yee NOES: Anderson, Berryhill, Cannella, Dutton, Gaines, Harman, Huff, La Malfa, Runner, Strickland, Walters, Wyland NO VOTE RECORDED: Emmerson, Simitian ASSEMBLY FLOOR : 52-26, 9/8/11 - See last page for vote SUBJECT : After School Education and Safety Program SOURCE : Superintendent of Public Instruction Tom CONTINUED SB 429 Page 2 Torlakson Children NOW Partnership for Children and Youth DIGEST : This bill allows after school programs to offer a six-hour program using existing supplemental grant funds. Assembly Amendments (1) clarify that priority enrollment shall be given to pupils enrolled in a school that receives the grant, (2) express the intent of the Legislature that a grantee who serves additional pupil by operating a longer day program not receive additional funds for that program, and (3) make minor, technical and clarifying changes. ANALYSIS : 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. Existing Law 1.Provides that every school that establishes a before school program component pursuant to the ASES Program is eligible to receive a three-year renewable direct grant and is eligible to receive a supplemental grant to operate the program in excess of 180 schooldays during any combination of summer, intercession, or vacation periods, as specified. 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. 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 off of school grounds cannot be approved unless safe transportation is provided to the pupils enrolled in the program. CONTINUED SB 429 Page 3 4.Provides that every pupil attending a school operating an ASES program is eligible to participate in the program, subject to program capacity. 5.Requires applicants for grants to agree that snacks conform to nutrition standards. 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 percent of the total grant amount awarded to the school per school year. 5.Requires after school programs to begin immediately upon the end of the regular school day and operate a minimum of 15 hours per week, and at least until 6:00 p.m. on every regular school day. After school programs are required to establish a policy regarding reasonable early daily release of pupils from the program. 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 CONTINUED SB 429 Page 4 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 percent of the total grant amount awarded to the school per year. 5.Requires before school programs to operate for at least 1 hours per regular school day, 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. Summer, Intersession, Vacation 1. Authorizes after school programs to operate during any combination of summer, intersession, or vacation periods for a minimum of three hours per day. 2. Authorizes before school programs to operate during any combination of summer, intersession, or vacation periods for a minimum of two hours per day for the regular school year. 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 of 4- hours per day. This bill allows after school programs to offer a six hour program using existing supplemental grant funds. Specifically, this bill: 1. Authorizes a before or after school program to receive a CONTINUED SB 429 Page 5 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 percent 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 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. 3. Specifies that if the grantee operates a six-hour per day program, the target attendance level for the purpose of grant reductions, as specified, shall be computed as if the grant award were based upon the lesser of $15 per day of pupil attendance or 30 percent of the total grant awarded to the school per school year. 4. 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. 5. 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 on 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. 6. Authorizes a supplemental grantee that operates a program pursuant to this bill to open eligibility to every pupil attending a school in the district. Specifies that priority for enrollment shall be given to the pupils enrolled in the school that receives the grant. 7. 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. CONTINUED SB 429 Page 6 8. Requires a supplemental grantee that operates a six-hour extended day program to submit, for prior approval by the CDE, a revised program that includes all of the following: A. A plan for the 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 school day. Comments The ASES program, passed by the 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 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 6:00 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 and junior high schools based on a per pupil amount of $7.50 per day. Priority for funding goes to schools where at least 50 percent of the pupils are eligible for free- or reduced-priced lunch. Each program is required to provide a match equal to no less than one-third of the total grant. Facilities may count towards 25 percent 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. CONTINUED SB 429 Page 7 The program requires before and after school programs to operate one and a half hours a day and after school programs to operate after school until 6:00 p.m. for a minimum of 15 hours per week. ASES grantees can request supplemental grants in order to operate 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 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. In addition to funds generated by Proposition, 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 provisions of the ASES program apply to the 21st CCLC. Therefore, the provisions of this bill also apply to the federal program. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes CONTINUED SB 429 Page 8 Local: No Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund ASES program Potentially significant loss of savings General* flexibility *Counts toward meeting the Proposition 98 minimum funding guarantee SUPPORT : (Verified 9/8/11) Superintendent of Public Instruction Tom Torlakson (co-source) Children Now (co-source) Partnership for Children and Youth (co-source) A World Fit For Kids Bay Area Community Resources Boys and Girls Club California Alliance Boys and Girls Clubs of Greater Oxnard and Port Hueneme Boys and Girls Clubs of the Peninsula Boys and Girls Clubs of Redlands Boys and Girls Clubs of Tracy California After School Coalition California Alliance of Boys & Girls Clubs California State Alliance of YMCAs Central Valley Children's Partnership, Inc. Central Valley Afterschool Foundation Contra Costa County Office of Education Fresno County Office of Education Jamestown Community Center LA's Best Los Angeles Chamber of Commerce Los Angeles County Office of Education National Summer Learning Association Pro-Youth/HEART After-School Program Redwood City School District Sacramento City Unified School District Santee School District San Leandro Boys & Girls Club CONTINUED SB 429 Page 9 Sunset Neighborhood Beacon Center Team-Up for Youth THINK Together YMCA of Greater Long Beach Development Whittier City School District Woodcraft Rangers OPPOSITION : (Verified 9/8/11) Department of Finance ARGUMENTS IN SUPPORT : According to the author's office, "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 grantees with supplemental grants the flexibility to better address the needs of students and communities during the summer months." ASSEMBLY FLOOR : 52-26, 9/8/11 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner CONTINUED SB 429 Page 10 NO VOTE RECORDED: Gorell, Monning CPM:cm 9/9/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED