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.