BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 429|
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                              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 
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          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.  


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          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 

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            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 

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             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.


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          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.
           

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           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   

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          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

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          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

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          NO VOTE RECORDED:  Gorell, Monning


          CPM:cm  9/9/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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