BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 1087
AUTHOR: Walters
INTRODUCED: February 15, 2012
FISCAL COMM: Yes HEARING DATE: March 21, 2012
URGENCY: No CONSULTANT: Lynn Lorber
NOTE: This bill has been referred to the Committees on
Education and Health. A "do pass" motion should include
referral to the Committee on Health.
SUBJECT : Organized camps.
SUMMARY
This bill doubles, from 30 to 60, the hours per week that
an after school program may operate, and makes changes
relative to the regulation of organized camps.
BACKGROUND
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. (Education Code §
8482.4)
ASES programs are authorized to operate for up to 30 hours
per week without obtaining a child care license or special
permit. (EC § 8484.3)
The after school component is required to begin immediately
upon the end of the regular schoolday and operate a minimum
of 15 hours per week, and at least until 6 p.m. on every
regular schoolday. (EC § 8483)
The before school component is required to operate for at
least 1 hours per regular schoolday. (EC § 8483.1)
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ASES programs "earn" funding based on attendance. The rate
is based on a per pupil per day formula. Maximum total
grants are capped at certain amounts based on the grade
levels served. (EC § 8483.7 and 8483.75)
ASES programs are eligible for a supplemental grant to
operate in excess of 180 days or during any combination of
summer, intersession, or vacation.
(EC § 8483.7 and 8483.75)
ASES programs with a supplemental grant are authorized to
operate a three hour or six hour program (on days in excess
of 180 days or during any combination of summer,
intersession or vacation) within the existing supplemental
grant amount. (EC § 8483.76)
The after school component of a program using a
supplemental grant is authorized to operate for a minimum
of 3 hours per day. (EC § 8483)
The before school component of a program using a
supplemental grant is authorized to operate for a minimum
of 2 hours per day for the regular school year. (EC §
8483.1)
Any ASES program with a supplemental grant operating both a
before and after school component for the same pupils is
required to operate a minimum of 4 hours per day. (EC §
8483.2)
ANALYSIS
This bill doubles, from 30 to 60, the hours per week that
an after school program may operate, and makes changes
relative to the regulation of organized camps.
Specifically, this bill:
1) Authorizes an After School Education and Safety (ASES)
program to operate up to 60 hours per week.
2) Caps the hours per week that an individual student may
attend an ASES program at 30 hours.
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STAFF COMMENTS
1) Need for the bill . According to an analysis of prior
legislation, the need for the expansion of hours that
an ASES program may operate is to provide flexibility
to accommodate the schedule of kindergarteners who
attend school for half a day.
Currently, families typically use a combination of
before/after school programs and child care programs
to meet the need for full-day care while kindergarten
students are not in school. Students typically attend
a before school component for two hours and an after
school component for three hours, and therefore
typically spend a maximum of 25 hours per week in an
ASES program. This schedule meets the needs of
students who attend school all day, but does not
always meet the needs of kindergarteners who attend
school for half a day.
While this bill allows an after school program to operate
for up to 60 hours a week, the bill caps the weekly
hours that an individual student may attend at 30
hours. The cap is intended to ensure that after
school
programs are not utilized as child care programs and
that after school programs do not "earn" additional
funding from increased attendance.
2) Child care licensure . ASES programs are not intended
to provide full day care and are not required to have
a child care license. ASES programs have applications
approved by the California Department of Education and
must meet specific criteria and provisions in law in
order to receive funding.
Could this bill enable a child care program that operates
in conjunction with an ASES program to avoid child
care licensure? This bill specifically authorizes an
ASES program, not a child care program, to operate up
to 60 hours a week. ASES programs must meet staffing
and programmatic requirements that are separate from
requirements that must be met by child care programs.
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Does this bill blur the lines between ASES programs and
child care programs?
3) Organized camps . This bill makes changes to the
Health & Safety Code relative to the regulation of
organized resident camps and organized day camps.
Those provisions are within the jurisdiction of the
Senate Health Committee and are not addressed in this
analysis.
It is unclear what the link is between ASES programs and
organized camps. Is this bill meant to address an
issue for organized camps that operate a portion of
their camp as an ASES program?
4) Clarifying amendments . Should the Committee choose to
pass this bill, staff recommends the following
amendments:
a) Specifically prohibits an ASES program from
receiving additional funding pursuant to this
bill.
b) Strike "A child shall not be in care in the
program for more than 30 hours per week" and
replace with "A student shall not attend an After
School Education and Safety Program for more than
30 hours per week."
5) Prior legislation . This bill is nearly identical to
SB 737 (Walters, 2011), which was not heard by this
Committee. SB 737 was vetoed; the Governor's veto
message read:
I agree with the author's intent to clarify and
simply the regulation of organized camps, but
this measure does not achieve this goal. I am
directing the Department of Public Health and
Department of Social Services to work with the
author and interested advocates to resolve this
issue in the coming year.
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SUPPORT
AstroCamp
Bar 717 Ranch, Camp Trinity
Cali-Camp at Big Rock Ranch
California After School Coalition
California State Alliance of YMCAs
Camp Kinneret Summer Day Camp
Catalina Island Camps, Inc.
Catalina Sea Camp
Dunn Summer Program
Mountain Camp Woodside
Pali Adventures
Peninsula Activities
Plantation Farm Camp
River Way Ranch Camp
Tom Sawyer Camps
Tumbleweed Day Camp
Valley Trails Summer Camp
Yosemite Sierra Summer Camp
OPPOSITION
None on file.