BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Alan Lowenthal, Chair 2011-12 Regular Session BILL NO: SB 614 AUTHOR: Kehoe AMENDED: April 6, 2011 FISCAL COMM: Yes HEARING DATE: April 13, 2011 URGENCY: No CONSULTANT:Beth Graybill SUBJECT : After School Education and Safety Program: Self-defense training. SUMMARY This bill authorizes After School Education and Safety Programs to offer age- and gender-appropriate self-defense and safety awareness training. BACKGROUND Existing law, the After School Education and Safety Program Act of 2002, enacted by Proposition 49, establishes the After School Education and Safety (ASES) Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. Funds for this program are continuously appropriated from the General Fund to the California Department of Education (CDE) and are allocated to grant recipients who operate local programs at participating school sites. As a condition of receiving funding, applicants must certify their programs will include certain components, including opportunities for physical activity. ASES Programs receive direct grants, where attendance is projected and grants are funded up-front, in three one-year increments. (Education Code § 8482 et. seq.) Maximum total grants are based on $7.50 per pupil per day of attendance, for a maximum total of $37.50 per pupil per week. Maximum total annual grants are as follows: $112,500 for elementary school programs. $150,000 for middle or junior high school programs. (EC § 8483.7) Maximum total grants for programs that operate a before SB 614 Page 2 school component are based on $5 per pupil per day, with a maximum total grant of $25 per pupil per week. Maximum total annual grants for before school components are as follows: $37,500 for elementary school programs. $49,000 for middle or junior high school programs. (EC § 8483.75) ASES programs operating at large schools have maximum total grants that exceed the amounts listed above. ASES programs that operate in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods may be eligible for a supplemental grant. (EC § 8483.7 and 8483.75) Existing law requires the State Board of Education (SBE) and the Curriculum Development and Supplemental Materials Commission to include self-defense and safety instruction in the next revision of the physical education framework for pupils in grades 7-12. (EC § 51223.3) The process for reviewing frameworks and adopting instructional materials has been suspended since July 2009, pursuant to AB 2 of the Fourth Extraordinary Session (Chapter 2, July 2009), which among other things, prohibited the SBE from reviewing frameworks and adopting instructional materials until the 2013-14 school year. AB 2 also extended to the 2012-13 fiscal year the suspension of the requirement to purchase instructional materials within any specific period of time following adoption of those materials by the SBE. (EC § 60200.7 and § 60422.1) SB 70 (Committee on Budget and Fiscal Review, Chapter 7, March 24, 2011) extended the suspension of the framework and instructional materials process by two years until the 2015-16 school year. ANALYSIS This bill : 1) Specifies that opportunities for physical activity provided by an ASES program may include age- and gender-appropriate self-defense and safety awareness training. 2) Provides that up to 5 percent of the annual grant amount for each grant recipient may be used for training SB 614 Page 3 program staff to provide age- and gender-appropriate self-defense and safety awareness training. 3) Declares that the Legislature finds that the amendments to the After School Education and Safety Program Act of 2002 proposed by this measure further the purpose of the existing act and thus may be accomplished by majority vote. STAFF COMMENTS 1) Need for the bill : According to the author's office, the increasing number of students who are becoming victims of violent crime at younger and younger ages suggests that schools can and should have a role in educating students about personal safety. SB 1290 (Kehoe, Chapter 703, 2010) addressed this in part, by requiring the SBE and the Curriculum and Supplemental Materials Commission to include content relating to the self-defense instruction and safety awareness in the next update of the physical education (P.E.) curriculum framework. As it will be a few years before the SBE can accomplish these revisions to the P.E. framework, SB 614 would enable students to more quickly get this training by specifying that the physical activity component of an ASES program may include age and gender appropriate self-defense and safety instruction. 2) Generous training budget . This bill proposes up to 5% of a program's annual grant funds may be used to train program staff to provide self-defense and safety training. Given that the average annual grant award is $112,000, this would allow ASES programs up to $5,600 each year, on average, for this special type of staff training. Once a staff person is trained to provide self-defense or safety instruction, does he or she need to go through training on an annual basis? Alternatively, the need for this staff development training could be eliminated if programs contracted with an outside entity to provide the self-defense and safety training to students enrolled in ASES programs. Given that not all programs will choose to include self-defense and safety instruction in the physical activity component of their programs, could those that do incorporate the staff training into the three days of staff development a program is already authorized to provide? According to the CDE, because ASES grantees SB 614 Page 4 already have broad flexibility to use their funds, an argument can be made that programs already have the flexibility to use their funds to train staff to provide self-defense and safety training to pupils enrolled in their programs. Finally, since the set-aside for staff training is money that could otherwise be used for direct services for students, could this bill result in fewer "slots" available for who need after school care for their children? Staff recommends amending the bill to delete the language in the bill that provides for training staff to provide age and gender-appropriate self-defense and safety awareness training. 3) Related and prior legislation . SB 429 (DeSaulnier) This bill allows after school programs to offer a 6-hour program using existing supplemental grant funds. SB 1290 (Kehoe, Chapter 703, 2010) requires the State Board of Education and the Curriculum Development Commission and Supplemental Materials Commission to include self-defense and safety instruction in the next revision of the physical education framework. This measure was passed by this Committee on an 8-0 vote. AB 434 (Block, Chapter 229, 2010) authorizes the cost of a ASES program site supervisor to be included as direct services, provided that at least 85% of the site supervisor's time is spent at the program site. AB 2075 (Hall, 2010) would have established specific time and content requirements for physical activity in an ASES program. This measure was held by the Assembly Appropriations Committee. AB 2843 (Karnette, 2008) would have authorized foreign language instruction in an ASES program. This measure was vetoed. SB 707 (Kehoe, Chapter 553, 2005) specified funding authority for ASES program administration. This measure was passed by this Committee on a 9-0 vote. AB 1949 (Hancock, 2004) would have authorized staff development days for ASES programs. This measure was SB 614 Page 5 held by the Assembly Appropriations Committee. SUPPORT None received. OPPOSITION None received.