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 28, 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 the sponsor of this
bill, 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. Most 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 were not intended
to provide full day care and are not required to have
a child care license. ASES programs must submit
detailed applications to the California Department of
Education for approval, and must meet specific
criteria and provisions in law in order to receive
funding.
It appears unlikely that this bill could enable a child
care program to avoid child care licensure because:
a) This bill specifically authorizes an ASES
program, not a child care program, to operate up
to 60 hours a week.
b) ASES programs must meet staffing and
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programmatic requirements that are separate from
requirements that must be met by 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.
There is no link between the two separate provisions in
this bill.
4) Clarifying amendments . 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 pupil 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.
SUPPORT
AstroCamp
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Bar 717 Ranch, Camp Trinity
Cali-Camp at Big Rock Ranch
California After School Coalition
California State Alliance of YMCAs
Camp Funtime
Camp Kinneret Summer Day Camp
Camp Ocean Pines
Carmel Valley Tennis Camp
Catalina Island Camps, Inc.
Catalina Sea Camp
Colvig Silver Camps
Dunn Summer Program
Friendly Pines Camp, Inc.
Harker Summer Programs
Jameson Ranch Camp
Kennolyn Camps
Mountain Camp Woodside
Outpost Summer Camps
Pali Adventures
Peninsula Activities
Plantation Farm Camp
Rawhide Ranch
River Way Ranch Camp
Tocaloma Summer Day Camp
Tom Sawyer Camps
Tumbleweed Day Camp
Valley Trails Summer Camp
Yosemite Sierra Summer Camp
Numerous Individuals
OPPOSITION
None on file.