BILL NUMBER: SB 1221 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hancock
FEBRUARY 20, 2014
An act to amend Sections 8421, 8421.5, 8422, 8423, 8425, 8426,
8427, 8482.55, 8482.8, 8483.3, 8483.7, 8483.75, 8483.76, 8484,
8484.1, 8484.7, and 8484.8 of, to add Sections 8482.1, 8484.65, and
8484.85 to, and to repeal Section 8428 of, the Education Code,
relating to after school programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 1221, as introduced, Hancock. After school programs.
(1) Existing law establishes the 21st Century High School After
School Safety and Enrichment for Teens (ASSETs) program, and requires
a high school after school program, established as specified, to
consist of an academic assistance element and an enrichment element
that include certain things. Existing law requires applicants for
grants to ensure that certain requirements are fulfilled, as
applicable, including a certification that each applicant or partner
in the application agrees, among other things, to provide to the
State Department of Education information on participating pupils'
schoolday attendance rates, pupil test scores from a specified
program, pupil achievement on the high school exit examination, as
applicable, and program attendance.
This bill would instead require a certification that each
applicant or partner in the application agrees, among other things,
to provide to the department information on participating pupils'
schoolday attendance rates and program attendance.
(2) Existing law requires priority for funding pursuant to the
ASSETs program to be given to programs that serve pupils attending a
school whose most recent score on the Academic Performance Index
ranks the school in the lowest 3 deciles and programs that previously
received funding, as specified, for expansion of existing grants up
to a certain per site maximum or to replace expiring grants that have
satisfactorily met their projected attendance goals and demonstrated
other positive outcomes regarding, but not limited to, performance
on the high school exit examination, graduation rates, schoolday
attendance, and positive behavioral changes.
This bill would instead require priority for funding to be given
to programs that serve pupils attending a school whose most recent
score on the Academic Performance Index ranks the school in the
lowest 3 deciles and programs that previously received funding, as
specified, for expansion of existing grants up to a certain per site
maximum or to replace expiring grants that have satisfactorily met
their projected attendance goals.
(3) Existing law establishes the After School Education and Safety
Program (ASES). Existing law requires a high school after school
program established pursuant to the ASSETs program and a program
established pursuant to ASES to submit to the department annual
outcome-based data for evaluation, including research-based
indicators and measurable pupil outcomes, as specified. Existing law
requires grantees to submit certain attendance information to
demonstrate program effectiveness, and, to demonstrate program
effectiveness based upon individual program focus, requires programs
to select one or more measures, as specified, to be submitted
annually. Existing law provides that those measures include positive
behavioral changes, as specified, for programs established pursuant
to the ASSETs program pupil performance on the high school exit
examination and graduation rates, pupil performance on the
Standardized Testing and Reporting Program (STAR Program) test,
homework completion rates, and skill development, as specified.
This bill would instead require a high school after school program
established pursuant to the ASSETs program and a program established
pursuant to ASES to submit to the department annual outcome-based
data for evaluation. The bill would require grantees to submit
certain attendance information to demonstrate program effectiveness
using the unique state pupil identifiers for participating pupils who
are unduplicated pupils. The bill would require programs to submit
evidence of a program quality improvement process that is based on
the department's guidance on program quality standards, as specified.
The bill, to the extent pupil level data is available, would
authorize a program to report on positive behavioral changes, as
specified, and on program skill development consistent with the
program elements, as specified.
(4) Existing law specifies that each school that establishes an
ASES program is eligible to receive a 3-year direct grant. Existing
law specifies the maximum total direct grant amount awarded annually
and requires that a school that establishes a program, as specified,
to be eligible to receive a supplemental grant to operate the program
in excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation period for a maximum of the lesser
of 2 specified amounts.
This bill would replace a direct grant with an after school grant.
The bill would specify the minimum total after school grant that may
be awarded. The bill would replace a supplemental grant with a
summer grant, as defined. The bill would specify the maximum total
summer grant that may be awarded. The bill would also define the term
"expanded learning."
(5) Existing law provides that a school that establishes a program
pursuant to specified provisions of ASES is eligible to receive a
supplemental grant to operate the program, as specified, for a
maximum of 30% of the total grant amount awarded, per school year, to
the school. Existing law authorizes an existing after school
supplemental grantee to operate a 3-hour or 6-hour per day program,
but prohibits a grantee from receiving additional grant funds for the
purposes of operating a 6-hour per day program.
This bill would instead provide that a school that establishes a
program pursuant to specified provisions of ASES is eligible to
receive a summer grant to operate the program, as specified, for a
maximum of either 30% of the total grant amount awarded, per school
year, to the school, or $33,750 for each regular school year for each
elementary school and $45,000 for each regular school year for each
middle or junior high school. The bill would also authorize an
existing after school summer grantee to operate a 3-hour or 6-hour
per day program.
(6) Existing law authorizes the State Department of Education to
terminate a program established pursuant to the provisions of ASES if
the program consistently fails to demonstrate measurable program
outcomes, as defined, for 3 consecutive years. Existing law
authorizes measurable program outcomes to be demonstrated by, but not
be limited to, comparing pupils participating in the program to
nonparticipating pupils at the same schoolsite and pupils
participating in the program who demonstrate improvement on one or
more indicators collected by the program, as specified. Existing law
authorizes program effectiveness to be demonstrated using performance
levels from the STAR Program by specified documentation.
This bill would instead authorize measurable program outcomes to
be demonstrated by, but not be limited to, comparing pupils
participating in the program to nonparticipating pupils at the same
schoolsite. The bill would repeal the authority to demonstrate
program effectiveness using performance levels from the STAR Program
by specified documentation.
(7) Existing law, to the extent consistent with federal and state
privacy laws, authorizes local educational agency grantees funded
pursuant to specified provisions to submit certain pupil data to an
operator of an after school program with which the local educational
agency has a contract, including STAR Program test scores and scores
on individual California Standards Tests.
This bill would instead, to the extent consistent with federal and
state privacy laws, authorize local educational agency grantees
funded pursuant to specified provisions to submit certain pupil data
to an operator of an after school program with which the local
educational agency has a contract, including statewide test and
assessment scores.
(8) Existing law prohibits a program established pursuant to the
provisions of ASES located off school grounds from being approved
unless safe transportation is provided to the pupils enrolled in the
program.
This bill would authorize funding to be provided for
transportation, as necessary, if a program is operated at a
schoolsite located in an extreme rural census tract identified by the
United States Census as isolated.
(9) Existing law states the intent of the Legislature that the
21st Century Community Learning Centers 21st CCLC program contained
within a specified federal act complement ASES. Existing law requires
at least 10% of the total amount appropriated pursuant to the 21st
CCLC program, except as specified, to be available for direct grants
to provide equitable access and participation in community learning
center programs and to provide family literacy services, as
specified. Existing law also requires at least 40% of the total
amount appropriated pursuant to the 21st CCLC program, except as
specified, be allocated to programs serving elementary and middle
school pupils. Existing law requires core funding grants for programs
serving middle and elementary school pupils in before and after
school programs to be allocated according to the same funding
provisions, and subject to the same reporting and accountability
provisions, as described in specified provisions of ASES.
This bill would instead require at least 5% of the total amount
appropriated pursuant to the 21st CCLC program, except as specified,
to be available for grants to provide equitable access and
participation in community learning center programs. The bill would
require after school and summer funding grants for programs serving
middle and elementary school pupils to be allocated according to the
same funding provisions, and subject to the same reporting and
accountability provisions, as described in specified provisions of
ASES. The bill would require priority to be given to grant
applications that will provide year-round expanded learning
programming, as defined. The bill would also require the State
Department of Education to develop and submit a biennial report to
the Legislature related to the pupils attending, and the program
quality of, expanded learning programs, as defined, and would require
the report to include data, as specified, and authorize the report
to include aggregate reporting of certain information.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8421 of the Education Code is amended to read:
8421. There is hereby established the 21st Century High School
After School Safety and Enrichment for Teens program. The purpose of
the program is to create incentives for establishing locally driven
after school enrichment programs that partner schools and communities
to provide academic support and safe, constructive alternatives for
high school pupils in the hours after the regular schoolday, and
to assist pupils in passing the high school exit examination
required for high school graduation pursuant to Chapter 9
(commencing with Section 60850) of Part 33 of Division 4 of Title 2
for public school programs. that support college and
career readiness.
(a) High school after school programs shall serve pupils in grades
9 to 12, inclusive.
(b) A high school after school program established pursuant to
this article shall consist of the following two elements:
(1) (A) An academic assistance element that shall include, but
need not be limited to, at least one of the following: preparation
for the high school exit examination, tutoring, career exploration,
homework assistance, or college preparation, including information
about the Cal Grant Program established pursuant to Chapter 1.7
(commencing with Section 69430) of Part 42 of Division 5 of Title 3.
The assistance shall be aligned coordinated
with the regular academic programs of the pupils.
(B) For the purposes of this article, "career
exploration" means activities that help pupils develop the knowledge
and skills that are relevant to their career interests and reinforce
academic content.
(2) An enrichment element that may include, but need not be
limited to, community service, career and technical education, job
readiness, opportunities for mentoring and tutoring younger pupils,
service learning, arts, computer and technology training, physical
fitness, and recreation activities.
(c) A program shall operate for a minimum of 15 hours per week.
(d) An entity may operate programs on one or multiple sites. If an
entity plans to operate programs at multiple sites, only one
application is required.
(e) A program may operate on a schoolsite or on another site
approved by the department during the grant application process. A
program located off school grounds shall not be approved unless both
of the following criteria are met:
(1) Safe transportation is available to transport participating
pupils if necessary.
(2) The program is at least as available and accessible as similar
programs conducted on schoolsites.
(f) Applicants for grants pursuant to this article shall ensure
that all of the following requirements are fulfilled, if applicable:
(1) The application includes a description of the activities that
will be available for pupils and lists the program hours.
(2) The application includes an estimate of the following:
(A) The number of pupils expected to attend the program on a
regular basis.
(B) The average hours of attendance per pupil.
(C) The percentage of pupils expected to attend the program less
than three days a week, three days a week, and more than three days a
week, for each quarter or semester during the grant period.
(3) The application documents the commitments of each partner to
operate a program at a location or locations that are safe and
accessible to participating pupils.
(4) The application certifies that pupils were involved in the
design of the program and describes the extent of that involvement.
(5) The application identifies federal, state, and local programs
that will be combined or coordinated with the high school after
school program for the most effective use of public resources, and
describes a plan for implementing the high school after school
program beyond federal grant funding.
(6) The application has been approved by the school district, or
the charter school governing body, and the principal of each
participating school for each schoolsite or other site.
(7) The application includes a certification that the applicant
has complied with the requirement in subdivision (b) of Section 8422.
(8) The application includes a certification that each applicant
or partner in the application agrees to do all of the following:
(A) Assume responsibility for the quality of the program.
(B) Follow all fiscal reporting and auditing standards required by
the department.
(C) Provide the following information on participating pupils to
the department:
(i) Schoolday attendance rates.
(ii) Pupil test scores from the Standardized Testing and Reporting
Program established under Section 60640, reflecting achievement in
the areas addressed by required program elements, if assessments have
been established in that area.
(iii) Pupil achievement on the high school exit examination as
applicable.
(iv)
(ii) Program attendance.
(D) Acknowledge that program evaluations will be based upon the
criteria in Section 8427.
(9) Certify that the applicant has complied with all federal
requirements in preparing and submitting the application.
(g) The department shall not establish minimum attendance
requirements for individual pupils.
(h) It is the intent of the Legislature, that, to the extent
possible, the department require applicants to submit the information
required by this section in a short and concise manner.
SEC. 2. Section 8421.5 of the Education Code is amended to read:
8421.5. (a) (1) The department shall provide notice to all
schools eligible for grants under this article of the availability of
those grants as well as the application process.
(2) The department shall make the application available through
its Internet Web site. The department shall periodically review the
applications on a competitive basis for funding on dates determined
by the department.
(b) The department shall review all applications for their
inclusion of the requirements of subdivision (f) of Section 8421 and
Section 8423.
(c) (1) The department shall review those recommendations made by
the Advisory Committee on Before and After School Programs pursuant
to subparagraph (A) of paragraph (4) of subdivision (h) of Section
8484.9 and present them to the state board on or before May 30, 2007.
(2) The state board shall adopt requirements for program
evaluation and review on or before August 1, 2007.
SEC. 3. Section 8422 of the Education Code is amended to read:
8422. (a) Priority for funding pursuant to this article shall be
given to programs that:
(1) Serve pupils attending a school whose most recent score on the
Academic Performance Index ranks the school in the lowest 3
three deciles.
(2) Previously received funding pursuant to Section 8421, for
expansion of existing grants up to the per site maximum established
under paragraph (1) of subdivision (a) of Section 8426, or to replace
expiring grants that have satisfactorily met their projected
attendance goals and demonstrated other positive outcomes
regarding, but not limited to, performance on the high school exit
examination, graduation rates, schoolday attendance, and positive
behavioral changes. goals.
(b) A program established pursuant to this article shall be
planned through a collaborative process that includes parents,
pupils, representatives of participating schools, governmental
agencies, including city and county parks and recreation departments,
community organizations, law enforcement, and, if appropriate, the
private sector.
(c) A program established pursuant to this article is not required
to charge family fees or to conduct individual eligibility
determination determinations based on need or
income.
(d) A program established pursuant to this article shall have the
option of operating under either of the following modes:
(1) After school only.
(2) After school and during any combination of before school,
weekends, summer, intersession, and vacation.
SEC. 4. Section 8423 of the Education Code is amended to read:
8423. (a) The department shall select grantees to participate in
the 21st Century High School After School Safety and Enrichment for
Teens program from among applicants that apply on forms and in a
manner prescribed by the department. To the extent possible, the
selection of applicants by the department shall result in an
equitable distribution of grant awards to applicants in northern,
southern, and central California, and in urban, suburban, and rural
areas of the state.
(b) The department shall consider the following criteria in
awarding grants:
(1) Strength of the educational element and alignment
coordination with state academic standards,
preparation for the high school exit examination, and other academic
interventions.
(2) Strength of the enrichment element.
(3) Evidence of community collaboration, including demonstrated
support of the principal and staff from participating schools.
(4) A description of the manner in which programs will provide a
safe physical and emotional environment and opportunities for
relationship building, and promote active pupil engagement.
(5) A description of the manner in which the program design will
be periodically reexamined in order to maintain strong pupil
interest.
(6) A description of plans to attract pupils, particularly pupils
considered at risk or in need of academic support, on a regular
basis.
(c) The application shall certify all of the following:
(1) Completion of an assessment of pupils' preferences for program
activities.
(2) Access to, and availability of, computers and technology.
(3) Inclusion of a nutritional snack, meal, or both, and a
physical activity element.
(4) That the program will meet all of the evaluation requirements.
(5) Fiscal accountability.
SEC. 5. Section 8425 of the Education Code is amended to read:
8425. The (a) The
department shall implement this program only to the
extent that federal funds are appropriated by the Legislature for
purposes of the program. It is the intent of the Legislature that
available federal funds be appropriated annually for the program
established pursuant to this article , through the
annual Budget Act.
(a) Of the funds appropriated for the program in the first year,
two hundred fifty thousand dollars ($250,000) shall be allocated to
the department to conduct a three-year evaluation of the programs
established pursuant to this article and to make recommendations for
future program expansion. The recommendations shall be provided to
the state board and the Legislature on or before July 1, 2007.
(b) The department may spend up to 3 percent of the funds
appropriated for purposes of this article to provide training by
qualified and experienced personnel, to convene regular meetings
among grantees, and to ensure quality program implementation and
sustainability, including unscheduled site visits.
SEC. 6. Section 8426 of the Education Code is amended to read:
8426. (a) (1) A grantee that establishes a program pursuant to
this chapter is eligible to receive a five-year grant of up to two
hundred fifty thousand dollars ($250,000) per year per site in a
program, subject to semiannual attendance reporting. Funding for a
grant shall be allocated in annual increments for a period of not
more than five years, contingent upon the availability and
appropriation of federal funds by the Legislature for those grants.
(2) The department shall notify new grantees of their award status
and dollar amount of the award, if any, in writing on or before May
15 of each year in which new grants are awarded. The grantee shall
notify the department in writing of its acceptance of the grant.
(3) A first-year grant award shall be made no later than 60 days
after enactment of the annual Budget Act and any authorizing
legislation. A grant award for the second and subsequent fiscal years
shall be made no later than 30 days after enactment of the annual
Budget Act and any authorizing legislation.
(b) The department shall allocate 25 percent of the grant amount
each year no later than 30 days after the grant award acceptance
letter is received by the department.
(c) (1) Not more than 15 percent of each annual grant amount may
be used by a grantee for administrative costs. For purposes of this
article, administrative costs shall include indirect costs. Indirect
costs shall not exceed the lesser of the following:
(A) The grantee's indirect cost rate, as approved by the
department for the appropriate fiscal year.
(B) Five percent of the state program funding received pursuant to
this article.
(2) In addition to the funding allowed for administrative costs
pursuant to paragraph (1), up to 15 percent of the first year's
annual grant award for each core after school
grant recipient may be utilized used
for startup costs.
(3) Funding made available pursuant to this subdivision shall not
result in an increase in the total funding of a grantee above the
approved grant amount.
(d) Grantees are subject to semiannual attendance reporting during
each year of the grant.
(1) The department shall provide technical support for development
of a program improvement plan for grantees under the following
conditions:
(A) If actual pupil attendance falls below 75 percent of the
proposed levels in any year of the grant.
(B) If the grantee fails, in any year of the grant, to demonstrate
measurable outcomes pursuant to Section 8427.
(C) If the grantee fails in three consecutive years to demonstrate
improved academic achievement among participating pupils as measured
by data collected under paragraph (8) of subdivision (f) of Section
8421 , as that section read on January 1, 2014 .
(2) If the actual pupil attendance falls below 75 percent of the
proposed attendance level at the end of the second year of the grant,
the department may reduce funding for the grantee.
(3) The department shall adjust the grant level of any school in
the program that is under its proposed attendance level by more than
15 percent in each of two consecutive years.
(4) In any year, after the first grant-year period, that the
actual attendance level of a school within the program falls below 75
percent of the proposed attendance level, the department shall
perform a review of the program and may adjust the grant level as the
department deems appropriate.
(e) Notwithstanding any other provision of this section or any
other provision of law, the department may at any
time terminate the grant of a school in a public school program that
fails in three consecutive years to meet either of the following
requirements:
(1) Demonstrate program outcomes pursuant to Section 8427.
(2) Attain 75 percent of its proposed attendance levels after
having its program reviews and grant level adjusted by the
department.
(f) The department shall create a process to allow a grantee to
voluntarily lower its annual grant amount if one or more sites are
unable to meet the proposed pupil attendance levels by the end of the
second year of the grant.
(g) (1) The administrator of a program may supplement, but not
supplant, existing funding for after school programs with grant funds
awarded pursuant to this article.
(2) In addition to administrative costs, a program participant may
expend up to the greater of 6 percent of its state funding or seven
thousand five hundred dollars ($7,500) to collect outcome data for
evaluation and for reports to the department.
(3) All state funding awarded to a program pursuant to this
article that remains after subtracting the administrative costs,
startup costs, and outcome data costs authorized by subdivisions (c)
and (d) shall be allocated to the program site for direct services to
pupils.
(h) When determining grant award amounts after each grant year,
the department may consider whether a program is operating consistent
with the terms of its application, including whether the number of
pupils served on a regular basis is consistent with the number
estimated, and may consider the strength of any justifications or
future plans offered by the program to address inconsistencies with
the terms of the application. If the department finds that a program
is not operating consistent with the terms of its application, the
department may take appropriate action, including denying grant
awards or reducing the level of grant funding.
SEC. 7. Section 8427 of the Education Code is amended to read:
8427. (a) A high school after school program established pursuant
to this article shall submit to the department annual outcome-based
data for evaluation, including research-based indicators and
measurable pupil outcomes, including, but not limited to, academic
performance, school attendance, positive behavioral changes, and, to
the extent possible, performance on the high school exit examination
and graduation rates. evaluation.
(1) To demonstrate program effectiveness, grantees shall submit
all , using the unique statewide
pupil identifiers for participating pupils who are unduplicated
pupils, both of the following:
(A) Participating pupil schoolday
Schoolday attendance on an annual basis.
(B) Program attendance on a semi-annual
semiannual basis.
(2) To demonstrate program effectiveness based upon individual
program focus, programs shall select one or more of the following
measures to be used for at least three consecutive years and
submitted annually:
(2) Programs shall submit evidence of a program quality
improvement process that is based on the department's guidance on
program quality standards developed pursuant to paragraph (4).
(3) To the extent pupil level data is available, a program may
report on both of the following:
(A) Positive behavioral changes, as reported by schoolday teachers
or after school staff who directly supervise pupils.
(B) Pupil performance on the high school exit examination and
graduation rates.
(C) Pupil performance on the Standardized Testing and Reporting
(STAR) Program test.
(D) Homework completion rates.
(E)
(B) Skill development consistent with the program
elements, as reported by schoolday teachers or after school staff who
directly supervise pupils.
(F)
(4) The department may develop additional measures to
demonstrate program effectiveness , including, but not limited
to, program quality standards . Any additions
Additions shall be developed in consultation
with the advisory committee pursuant to Section 8484.9.
(3)
(5) Programs shall submit information adopted
to the department through the process
outlined used in subdivision (b) of Section
8421.5.
(b) (1) If a program consistently fails to demonstrate measurable
program outcomes for three consecutive years, the department may
terminate the program pursuant to the process described in
subdivision (e) of Section 8426. The department shall consider
multiple outcomes and not rely on one outcome in isolation.
(2) For purposes of this subdivision, "consistently fails to
demonstrate measurable program outcomes" means failure to meet
program effectiveness requirements pursuant to the criteria in
paragraphs (1) and (2) of subdivision (a).
(3) Measurable program outcomes may be demonstrated by, but are
not limited to, the following methods:
(A) Comparing pupils participating in the program to
nonparticipating pupils at the same schoolsite.
(B) Pupils participating in the program demonstrate improvement on
one or more indicators collected by the program pursuant to this
section.
(c) The department shall identify or develop standardized
procedures and tools to collect the indicators in paragraphs (1) and
(2) of subdivision (a) in accordance with the process
outlined in paragraph (4) recommendations made
pursuant to paragraph (5) of subdivision (h) of Section 8484.9.
SEC. 8. Section 8428 of the Education Code is repealed.
8428. (a) The department shall order an independent statewide
evaluation of the effectiveness of programs funded pursuant to this
article to be prepared and submitted to the Legislature. The
evaluation shall include a comparison of outcomes for participating
pupils and similarly situated pupils who did not participate in a
program.
(b) A report shall be submitted to the Governor and the
Legislature on or before October 1, 2011, providing data that
includes, but is not limited to, all of the following:
(1) Data collected pursuant to Section 8427.
(2) Data adopted through the process outlined in subdivision (c)
of Section 8421.5 and subdivision (e) of Section 8484.
(3) Number and type of sites and grantees participating in the
program.
(4) Pupil program attendance, as reported semiannually, and pupil
schoolday attendance, as reported annually.
(5) Pupil program participation rates including, but not limited
to, all of the following:
(A) The average hours of attendance per pupil.
(B) The percentage of pupils that attend the program less than
three days a week, three days a week, and more than three days a
week.
(C) The extent to which the program attracts pupils considered at
risk or in need of academic support.
(6) Quality of the program, drawing on the research of the Academy
of Sciences on critical features of programs that support healthy
youth development.
SEC. 9. Section 8482.1 is added to the Education Code, to read:
8482.1. For purposes of this article, Article 19 (commencing with
Section 8420), and Article 22.6 (commencing with Section 8484.7),
the following definitions shall apply:
(a) "Expanded learning" means before school, after school, summer,
or intersession learning programs that focus on developing the
academic, social, emotional, and physical needs and interests of
pupils through hands-on, engaging learning experiences. It is the
intent of the Legislature that expanded learning programs are
pupil-centered, results driven, include community partners, and
complement, but do not replicate, learning activities in the regular
schoolday and school year.
(b) "Summer grant" means funding to operate any program in excess
of 180 regular schooldays or during any combination of summer,
intersession, or vacation periods.
SEC. 10. Section 8482.55 of the Education Code is amended to read:
8482.55. (a) To accomplish the purposes of the After School
Education and Safety Program, commencing with the fiscal year
beginning July 1, 2004, and for each fiscal year thereafter, all
grants made pursuant to this article shall be awarded as set forth in
this section.
(b) (1) Grants made to public schools pursuant to this article for
the 2005-06 fiscal year shall continue to be funded in each
subsequent fiscal year at the 2005-06 fiscal year level, after the
adjustments provided in paragraphs (1) and (2) of subdivision (a) of
Section 8483.7 and paragraphs (1) and (2) of subdivision (a) of
Section 8483.75 have been made, before any other grants are funded
under this article, provided those schools continue to make
application for the grants and are otherwise qualified pursuant to
this article. Receipt of a grant at the 2005-06 fiscal year level
made pursuant to this subdivision shall not affect a school's
eligibility for additional grant funding as permitted in subdivisions
(c) and (d) up to the maximum grants permitted in Sections 8483.7
and 8483.75.
(2) (A) An elementary or middle school program grantee funded
pursuant to Section 8484.8 shall apply to receive a new grant under
this article in the 2006-07 fiscal year. These programs shall receive
priority for funding before any new grant is funded pursuant to this
article, article if the program is
otherwise qualified pursuant to this article. Notwithstanding the
maximum grant amounts permitted in Sections 8483.7 and 8483.75, the
grantee shall receive the same amount of grant funding that it was
awarded pursuant to Section 8484.8 in the fiscal year prior
to before the year for which the grantee
requests funding pursuant to this article. The grantee shall apply to
the department, and elect to receive funding under this article, on
or before a date established by the department that is prior
to before the date by which the department
awards new grants pursuant to this article.
(B) Grantees funded pursuant to Section 8484.8 in the 2005-06
fiscal year may elect to receive funding pursuant to this article
after the 2006-07 fiscal year and shall be funded under the
conditions outlined in subparagraph (A), if funds are available.
(c) Each public elementary, middle, and junior high school in the
state shall be eligible to receive a three year
three-year renewable direct after
school grant for after school programs to be operated during
the regular school year, as provided in subparagraph (A) of paragraph
(1) of subdivision (a) of Section 8483.7. In the case of schools
serving a combination of elementary, middle, and junior high school
pupils, the applicant may apply for a grant with funding based on the
middle school grant maximum. The program shall comply with the
elementary program and attendance requirements for pupils in the
elementary grades. For purposes of this article, a school serving a
combination of middle and junior high school and high school pupils
shall be eligible to apply for a grant to serve pupils through grade
9. Except as provided in this subdivision, grants for after school
programs made pursuant to this subdivision shall be subject to all
other sections of this article. Grants for after school programs made
pursuant to this subdivision shall not exceed one hundred twelve
thousand five hundred dollars ($112,500) for each regular school year
for each elementary school or one hundred fifty thousand dollars
($150,000) for each regular school year for each middle or junior
high school. Except as provided in subdivision (f) of this section
and subdivision (a) of Section 8482.5, each
public elementary, middle, and junior high
school in the state shall have equal priority of funding for grants
for after school programs made pursuant to this subdivision. Receipt
of a grant for an after school program made pursuant to this
subdivision shall not affect a school's eligibility for additional
grant funding as permitted in subdivision (d) up to the maximum
grants permitted in Sections 8483.7 and 8483.75. Grants made pursuant
to this subdivision shall be funded after grants made pursuant to
subdivision (b) and before any grants made pursuant to subdivision
(d). Grants made pursuant to this subdivision shall be referred to as
"After School Education and Safety Universal Grants."
(d) All funds remaining from the appropriation provided in Section
8483.5 after award of grants pursuant to subdivisions (b) and (c)
shall be distributed pursuant to Sections 8483.7 and 8483.75. Grants
for programs made pursuant to this subdivision shall be subject to
all other sections of this article. Priority for grants for programs
made pursuant to this subdivision shall be established pursuant to
subdivision (a) of Section 8482.5 and Section 8483.3.
(e) With the exception of schools previously funded under both
this article and Section 8484.8, a school shall not receive grants in
excess of the amounts provided in Sections 8483.7 and 8483.75.
(f) If in any fiscal year the appropriation made pursuant to
Section 8483.5 is insufficient to fund all eligible schools who
submit an eligible application for After School Education and Safety
Universal Grants pursuant to subdivision (c), priority for After
School Education and Safety Universal Grants shall be established
pursuant to subdivision (a) of Sections 8482.5 and 8483.3.
SEC. 11. Section 8482.8 of the Education Code is amended to read:
8482.8. (a) If there is a significant barrier to pupil
participation in a program established pursuant to this article at
the school of attendance for either the before school or the after
school component, an applicant may request approval from the
Superintendent, prior to before or
during the grant application process, to provide services at another
schoolsite for that component. An applicant that requests approval
shall describe the manner in which the applicant intends to provide
safe, supervised transportation between schoolsites; ensure
communication among teachers in the regular school program, staff in
the before school and after school components of the program, and
parents of pupils; and align coordinate
the educational and literacy component of the before and after
school components of the program with the regular school programs of
participating pupils.
(b) For purposes of this article, a significant barrier to pupil
participation in the before school or the after
school component of a program established pursuant to this chapter
means either of the following:
(1) Fewer than 20 pupils participating in the component of the
program.
(2) Extreme transportation constraints, including, but not limited
to, desegregation bussing, bussing for magnet or open enrollment
schools, or pupil dependence on public transportation.
(c) In addition to the authority to transfer funds among school
programs pursuant to Sections 8483.7 and 8483.75, and in addition to
the flexibility provided by subdivisions (a) and (b), a program
grantee that is temporarily prevented from operating a program
established pursuant to this article at the program site due to
natural disaster, civil unrest, or imminent danger to pupils or staff
may shift program funds to the sites of other programs established
pursuant to this article to meet attendance targets during that time
period.
(d) If a program grantee is temporarily prevented from operating
its entire program due to natural disaster, civil unrest, or imminent
danger to pupils or staff, the department may recommend, and the
state board may approve, a request by the grantee for payment equal
to the amount of funding the grantee would have received if it had
been able to operate its entire program during that time period.
(e) Upon the request of a program grantee, the state board may
approve other unforeseen events as qualifying a program grantee to
use the authority provided by subdivisions (c) and (d).
SEC. 12. Section 8483.3 of the Education Code, as amended by
Section 3 of Chapter 706 of the Statutes of 2013, is amended to read:
8483.3. (a) The department shall select applicants to participate
in the program established pursuant to this article from among
applicants that apply on forms and in a manner prescribed by the
department. It is the intent of the Legislature that the manner
prescribed by the department, to the extent possible, allow for short
and concise applicant responses. To the extent possible, the
selection of applicants by the department shall result in an
equitable distribution of grant awards pursuant to Section 8483.7 to
applicants in northern, southern, and central California, and in
urban, suburban, and rural areas of California.
(b) The department shall consider the following in selecting
schools to participate in the program established pursuant to this
article:
(1) Percentage of pupils eligible for free and reduced
reduced-price lunch.
(2) Other indicators of need for the program, including, but not
limited to, socioeconomic status of the neighborhoods in which
participating pupils reside, the percentage of English language
learners at the school, and the availability of programs in the
community in which participating pupils reside.
(c) The application shall certify all of the following:
(1) Inclusion of an educational element.
(2) Inclusion of an enrichment element. These opportunities may
include arts, career technical education, recreation, technology, and
other activities to support positive youth development.
(3) That the program will provide a safe physical and emotional
environment and , opportunities for
relationship building, and promote active pupil engagement.
(4) Staff training and development will be provided.
(5) Integration with the regular schoolday and other
extended expanded learning opportunities.
(6) Community collaboration, including, but not limited to,
demonstrated support of the schoolsite principal and staff.
(7) Opportunities for physical activity.
(8) Inclusion of a nutritional snack, meal, or both.
(9) Fiscal accountability.
(10) Availability of required local matching funds.
(11) That the program will meet all of the evaluation
requirements.
(d) Subdivision (b) does not apply to an applicant school that
meets the priority criteria described in subdivision (a) of Section
8482.5.
SEC. 13. Section 8483.7 of the Education Code is amended to read:
8483.7. (a) (1) (A) Each school that establishes a program
pursuant to this article is eligible to receive a three-year
direct after school grant, that shall be
awarded in three one-year increments and is subject to semiannual
attendance reporting and requirements as described in Section 8482.3
once every three years.
(i) The department shall provide technical support for development
of a program improvement plan for grantees under the following
conditions:
(I) If actual pupil attendance falls below 75 percent of the
target attendance level in any year of the grant.
(II) If the grantee fails, in any year of the grant, to
demonstrate measurable outcomes pursuant to Section 8484.
(ii) The department shall adjust the grant level of any school
within the program that is under its targeted attendance level by
more than 15 percent in each of two consecutive years.
(iii) In any year after the initial grant year, if the actual
attendance level of a school within the program falls below 75
percent of the target attendance level, the department shall perform
a review of the program and adjust the grant level as the department
deems appropriate.
(iv) The department shall create a process to allow a grantee to
voluntarily lower its annual grant amount if one or more sites are
unable to meet the proposed pupil attendance levels by the end of the
second year of the grant.
(v) A grantee who has had its grant amount reduced may
subsequently request an increase in funding up to the maximum grant
amounts provided under this subdivision.
(vi) The department may terminate the grant of any site or program
that does not comply with fiscal reporting, attendance reporting, or
outcomes reporting requirements established by the department and
pursuant to Section 8484. The department may withhold the grant
allocation for a program or site if the prior grant year's fiscal or
attendance reporting remains outstanding, until the reports have been
filed with the department.
(vii) Notwithstanding any other provision of this subdivision or
any other law, after the technical assistance required under clause
(i) has been provided, the department may at any time terminate the
grant of any a school in a program that
fails for three consecutive years to meet either of the following
requirements:
(I) Demonstrate measurable program outcomes pursuant to Section
8484.
(II) Attain 75 percent of its proposed attendance level after
having had its program reviewed and grant level adjusted by the
department.
(B) Direct After school
grants may be awarded to applicants that have demonstrated
readiness to begin operation of a program or to expand existing
programs.
(C) The maximum total direct after school
grant amount awarded annually pursuant to this paragraph shall
be one hundred twelve thousand five hundred dollars ($112,500) for
each regular school year for each elementary school and one hundred
fifty thousand dollars ($150,000) for each regular school year for
each middle or junior high school. The Superintendent shall determine
the total annual direct after school
grant amount for which a site is eligible based on a formula of seven
dollars and fifty cents ($7.50) per pupil per day of pupil
attendance that the program plans to serve, with a maximum total
grant of thirty-seven dollars and fifty cents ($37.50) per projected
pupil per week, and a formula of seven dollars and fifty cents
($7.50) per projected pupil per day of staff development, with a
maximum of three staff development days per year. A program may
provide the three days of staff development during regular program
hours using funds from the total grant award.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 600.
(B) For middle schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 900.
(3) The maximum total grant amounts set forth in subparagraph (C)
of paragraph (1) may be increased from any funds made available for
this purpose in the annual Budget Act for participating schools that
have pupils on waiting lists for the program. Grants may be increased
by the lesser of an amount that is either 25 percent of the current
maximum total grant amount or equal to the proportion of pupils
unserved by the program as measured by documented waiting lists as of
January 1 of the previous grant year, compared to the actual after
school enrollment on the same date. The amount of the required cash
or in-kind matching funds shall be increased accordingly. First
priority for an increased maximum grant pursuant to this paragraph
shall be given to schools that qualify for funding pursuant to
subdivision (b) of Section 8482.55. Second priority shall be given to
schools that receive funding priority pursuant to subdivision (f) of
Section 8482.55.
(4) The minimum total after school grant amount that may be
awarded pursuant to this section shall be computed by multiplying the
applicable rate per pupil per day of pupil attendance by 20 pupils
being served for 180 regular schooldays.
(4)
(5) A school that establishes a program pursuant to
this section is eligible to receive a supplemental
summer grant to operate the program in excess of 180
regular schooldays or during any combination of summer, intersession,
or vacation periods for a maximum of the lesser of the following
amounts:
(A) Seven dollars and fifty cents ($7.50) per day per pupil.
(B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to subparagraph (C) of paragraph (1).
(C) Notwithstanding subparagraphs (A) and (B), the maximum total
summer grant that may be awarded annually pursuant to this paragraph
shall be thirty-three thousand seven hundred fifty dollars ($33,750)
for each regular school year for each elementary school and
forty-five thousand dollars ($45,000) for each regular school year
for each middle or junior high school.
(5)
(6) Each program shall provide an amount of cash or
in-kind local funds equal to not less than one-third of the total
grant from the school district, governmental agencies, community
organizations, or the private sector. Facilities or space usage may
fulfill not more than 25 percent of the required local contribution.
(6)
(7) (A) A grantee may allocate, with departmental
approval, up to 125 percent of the maximum total grant amount for an
individual school, so long as the maximum total grant amount for all
school programs administered by the program grantee is not exceeded.
(B) A program grantee that transfers funds for purposes of
administering a program pursuant to subparagraph (A) shall have an
established waiting list for enrollment, and may transfer only from
another school program that has met a minimum of 70 percent of its
attendance goal.
(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for after
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
after school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized used
for startup costs. Under no circumstance shall funding for startup
costs result in an increase in the grant recipient's total funding
above the approved grant amount.
(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the
date the grantee accepts the grant.
(e) The department may adjust the amount of a direct grant,
awarded to a new applicant pursuant to this section, on the basis of
the program start date, as determined by the department.
SEC. 14. Section 8483.75 of the Education Code is amended to read:
8483.75. (a) (1) (A) Each school that establishes a before school
program component pursuant to Section 8483.1 is eligible to receive
a three year three-year renewable
direct after school grant, that shall
be awarded in three one-year increments and is subject to semiannual
attendance reporting and renewal as required by the department.
Before school programs established pursuant to this section shall be
subject to the same reporting and accountability provisions described
in subparagraph (A) of paragraph (1) of subdivision (a) of Section
8483.7.
(B) The maximum total grant amount awarded annually pursuant to
this paragraph shall be thirty-seven thousand five hundred dollars
($37,500) for each regular school year for each elementary school and
forty-nine thousand dollars ($49,000) for each regular school year
for each middle or junior high school.
(C) The Superintendent shall determine the total annual
direct after school grant amount for which a site
is eligible based on a formula of five dollars ($5) per pupil per
day that the program plans to serve, with a maximum total grant of
twenty-five dollars ($25) per projected pupil per week.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply seventy-five dollars ($75) by
the number of pupils enrolled at the schoolsite for the normal
schoolday program that exceeds 600.
(B) For middle schools, multiply seventy-five dollars ($75) by the
number of pupils enrolled at the schoolsite for the normal schoolday
program that exceeds 900.
(3) A school that establishes a program pursuant to this section
is eligible to receive a supplemental summer
grant to operate the program in excess of 180 regular
schooldays during any combination of summer, intersession, or
vacation periods for a maximum of 30 percent of the total grant
amount awarded to the school per school year under this subdivision.
(4) Each program shall provide an amount of cash or in-kind local
funds equal to not less than one-third of the total grant from the
school district, governmental agencies, community organizations, or
the private sector. Facilities or space usage may fulfill not more
than 25 percent of the required local contribution.
(5) (A) The department may award up to 125 percent of the maximum
total grant amount for an individual school, so long as the maximum
total grant amount for all school programs administered by the
program grantee is not exceeded.
(B) A program grantee that is awarded funds pursuant to
subparagraph (A) shall have an established waiting list for
enrollment, and may receive funds only from another school program
that has met a minimum of 70 percent of its attendance goal.
(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for before
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
before school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized used
for startup costs. Under no circumstance shall funding for startup
costs result in an increase in the grant recipient's total funding
above the approved grant amount.
(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the
date the grantee accepts the grant.
SEC. 15. Section 8483.76 of the Education Code is amended to read:
8483.76. (a) A school that establishes a program pursuant to
Section 8483.7 or 8483.75 is eligible to receive a
supplemental summer grant to operate the program
in excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation periods for a maximum of
either 30 percent of the total grant amount awarded, per school
year, to the school , or thirty-three thousand seven hundred
fifty dollars ($33,750) for each regular school year for
each elementary school and forty-five thousand dollars ($45,000) for
each regular school year for each middle or junior high school
.
(b) An existing after school supplemental
summer grantee may operate a three-hour or a six-hour per day
program, but is not eligible to receive additional grant
funds for the purpose of operating a six-hour per day program
pursuant to this section. program. If the
grantee operates a six-hour per day program, the target attendance
level for the purpose of grant reductions pursuant to subparagraph
(A) of paragraph (1) of subdivision (a) of Section 8483.7 shall be
computed as if the grant award were based upon the lesser of fifteen
dollars ($15) per day of pupil attendance or 30 percent of the total
grant awarded to the school per school year. It is 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.
(c) A supplemental summer grantee
that operates a program pursuant to this section may change the
location of the program to address the needs of pupils and school
closures. The program may be conducted at an offsite location or at
an alternate schoolsite. The supplemental
summer grantee shall give notice to the department of the
change of location and shall include a plan to provide safe
transportation pursuant to Section 8484.6.
(d) A supplemental summer grantee
that operates a program pursuant to this section may open eligibility
to every pupil attending a school in the school district.
Priority for enrollment shall be given to the pupils enrolled in the
school that receives the grant.
(e) A supplemental summer grantee
operating a six-hour per day program shall provide for each needy
pupil at least one nutritionally adequate free or reduced-price meal
during each program day.
(f) A supplemental summer grantee
that operates a six-hour per day program is required to submit, for
prior approval by the department, a revised program plan that
includes all of the following:
(1) A plan for provision of the free or reduced-price meal
required by subdivision (e).
(2) An attendance and early release policy for the program that is
consistent with the local educational agency's early release policy
for the regular schoolday.
SEC. 16. Section 8484 of the Education Code is amended to read:
8484. (a) As required by the department, programs established
pursuant to this article shall submit annual outcome-based data for
evaluation, including research-based indicators and
measurable pupil outcomes for academic performance, attendance, and
positive behavioral changes. evaluation. The
department may consider these outcomes when determining eligibility
for grant renewal.
(1) To demonstrate program effectiveness, grantees shall submit
, using the unique statewide pupil identifiers, for
participating pupils who are unduplicated pupils, both of the
following:
(A) Schoolday attendance on an annual basis.
(B) Program attendance on a semiannual basis .
(2) To demonstrate program effectiveness based upon individual
program focus, programs shall submit one or more of the following
measures annually:
(2) Programs shall submit evidence of a program quality
improvement process that is based on the department's guidance on
program quality standards developed pursuant to paragraph (4).
(3) To the extent pupil level data is available, a program may
report on both of the following:
(A) Positive behavioral changes, as reported by schoolday teachers
or after school staff who directly supervise pupils.
(B) Pupil Standardized Testing and Reporting (STAR) Program test
scores.
(C) Homework completion rates as reported by schoolday teachers or
after school staff who directly supervise pupils.
(D)
(B) Skill development consistent with the program
elements, as reported by schoolday teachers or after school
staff who directly supervise pupils.
(E)
(4) The department may develop additional measures for
this paragraph. Any additions paragraph,
including, but not limited to, program quality standards. Additions
shall be developed in consultation with the evaluation
committee of the advisory committee.
(3)
(5) Programs shall submit information adopted through
the process outlined in subdivision (c).
(b) (1) If a program consistently fails to demonstrate measurable
program outcomes for three consecutive years, the department may
terminate the program as described in subdivision (a) of Section
8483.7. The department shall consider multiple outcomes and not rely
on one outcome in isolation.
(2) For purposes of this section, "consistently fails to
demonstrate measurable program outcomes" means failure to meet
program effectiveness requirements pursuant to the criteria in
paragraphs (1) and (2) of subdivision (a).
(3) Measurable program outcomes may be demonstrated by, but are
not limited to, the following methods:
comparing pupils participating in the program to nonparticipating
pupils at the same schoolsite.
(A) Comparing pupils participating in the program to
nonparticipating pupils at the same schoolsite.
(B) Pupils participating in the program demonstrate improvement on
one or more indicators collected by the program pursuant to this
paragraph.
(4) For purposes of subparagraph (B) of paragraph (2) of
subdivision (a), program effectiveness may be demonstrated using
performance levels from the STAR Program by any of the following:
(A) The grantee documents that the percentage of pupils performing
at the far below basic level declined.
(B) The grantee documents that the percentage of pupils performing
above the far below basic and below basic levels increased.
(C) The grantee documents that the percentage of pupils who
performed at or above the basic level increased.
(D) The grantee documents that pupils participating in the program
performed better in a year-to-year comparison of the results of the
STAR Program than their peers who were not participating in the
program.
(c) The department shall develop standardized procedures and tools
to collect the indicators in paragraphs (1) and (2) of subdivision
(a). The department shall consult with the evaluation committee of
the Advisory Committee on Before and After School Programs pursuant
to Section 8484.9.
SEC. 17. Section 8484.1 of the Education Code is amended to read:
8484.1. To the extent consistent with federal and state privacy
laws, local educational agency grantees funded pursuant to this
article and Article 22.6 (commencing with Section 8484.7) may submit
the following pupil data to an operator of an after school program
with which the local educational agency has a contract:
(a) Schoolday attendance data.
(b) Standardized Testing and Reporting (STAR) Program test scores,
and scores on individual California Standards Tests.
(b) Statewide test and assessment scores.
(c) High school exit examination scores.
(d) English language development test placement or
reclassification scores.
(e) California Healthy Kids Survey results in aggregate form.
SEC. 18. Section 8484.65 is added to the Education Code,
immediately following Section 8484.6, to read:
8484.65. If a program is operated at a schoolsite located in an
extreme rural census tract identified by the United States Census as
isolated, funding may be provided for transportation, as necessary.
SEC. 19. Section 8484.7 of the Education Code is amended to read:
8484.7. It is the intent of the Legislature that the 21st Century
Community Learning Centers program contained within the federal No
Child Left Behind Act of 2001 (P.L. (Public
Law 107-110) complement the After School Education and Safety
Program established by Article 22.5 (commencing with Section 8482) to
provide year-round opportunities for expanded learning, as
defined in Section 8482.1, and to support the local flexibility
needed to implement federal 21st Century Community Learning Centers
programs through direct after school
grants as specified in this article.
SEC. 20. Section 8484.8 of the Education Code is amended to read:
8484.8. In accordance with Part B of Title IV of the federal No
Child Left Behind Act of 2001 (P.L. (Public
Law 107-110), funds appropriated in Item 6110-197-0890 of
Section 2.00 of the Budget Act of 2002 are available for expenditure
as follows, with any subsequent allocations for these purposes to be
determined in the annual Budget Act:
(a) Beginning with the 2006-07 fiscal year, 5 percent of the
federal funds appropriated through this article shall be available to
the department for purposes of providing technical assistance,
evaluation, and training services, and for contracting for local
technical assistance, for carrying out programs related to 21st
Century Community Learning Centers programs.
(1) The department shall provide directly, or contract for,
technical assistance for new programs and any program that is not
meeting attendance or performance goals, or both, and requests that
assistance.
(2) (A) Training and support shall include, but is not limited to,
the development and distribution of voluntary guidelines for
physical activity programs established pursuant to paragraph
(2)
of subdivision (c) subparagraph (B)
of paragraph (1) of subdivision (c) of Section 8482.3, that
expand the learning opportunities of the schoolday.
(B) The department shall distribute these voluntary guidelines for
physical activity programs on or before July 1, 2009.
(3) In accordance with Part B of Title IV of the federal No Child
Left Behind Act of 2001 (Public Law 107-110), funding for programs
that promote parent involvement and family literacy are an allowable
use of these funds.
(b) (1) At least 10 5 percent of the
total amount appropriated pursuant to this article, after funds have
been allocated pursuant to subdivision (a), shall be available for
direct grants for either of the following
purposes:
(A) Grants
to provide equitable access and participation in community learning
center programs, in an amount not to exceed twenty-five thousand
dollars ($25,000) per site, per year, according to needs determined
by the local community.
(B) Grants to provide family literacy services, in an amount not
to exceed twenty thousand dollars ($20,000) per site, per year, for
schoolsites that identify such a need for families of 21st Century
Community Learning Centers program pupils, and that demonstrate a
fiscal hardship by certifying that existing resources, including, but
not limited to, funding for Title III of the federal No Child Left
Behind Act of 2001, Chapter 3 (commencing with Section 300) of Part
1, adult education, community college, and the federal Even Start
Program are not available or are insufficient to serve these
families. An assurance that the funds received pursuant to this
subdivision are expended only for those services and supports for
which they were granted shall be required.
(2) For the purposes of subparagraph
(A) of paragraph (1), the department shall determine the
requirements for eligibility for a grant, consistent with the
following:
(A) Consistent with the local partnership approach inherent in
Article 22.5 (commencing with Section 8482), grants awarded under
this subdivision shall provide supplemental assistance to programs.
It is not intended that a grant fund the full anticipated costs of
the services provided by a community learning center program.
(B) In determining the need for a grant pursuant to this
subdivision, the department shall base its determination on a needs
assessment and a determination that existing resources are not
available to meet these needs, including, but not limited to, a
description of how the needs, strengths, and resources of the
community have been assessed, currently available resources, and the
justification for additional resources for that purpose.
(C) The department shall award grants for a specific purpose, as
justified by the applicant.
(3) To be eligible to receive a grant under this subdivision, the
designated public agency representative for the applicant shall
certify that an annual fiscal audit will be conducted and that
adequate, accurate records will be kept. In addition, each applicant
shall provide the department with the assurance that funds received
under this subdivision are expended only for those services and
supports for which they are granted. The department shall require
grant recipients to submit annual budget reports, and the department
may withhold funds in subsequent years if direct
after school grant funds are expended for purposes other
than as awarded.
(4) The department shall require grant recipients to submit
quarterly expenditure reports, and the department may withhold funds
in subsequent years if access or literacy grant funds are expended
for purposes other than as granted.
(c) At least 50 percent of the total amount appropriated pursuant
to this article, after funds have been allocated pursuant to
subdivision (a), shall be allocated on a priority basis for
direct after school grants to community learning
centers serving high school pupils funded pursuant to Section 8421.
(d) Grant awards under this section shall be restricted to those
applications that propose primarily to serve pupils that attend
schoolwide programs, as described in Title I of the federal No Child
Left Behind Act of 2001. Competitive priority shall be given to
applications that propose to serve children and youth
pupils in schools designated as being in need of
improvement under subsection (b) of Section 6316 of Title 20 of the
United States Code, and that are jointly submitted by school
districts and community-based organizations.
(e) (1) At least 40 percent of the total amount appropriated
pursuant to this article, after funds have been allocated pursuant to
subdivision (a), shall be allocated to programs serving elementary
and middle school pupils. The administrators of a program established
pursuant to this article may operate during regular schooldays for a
minimum of 15 hours per week and any combination of summer,
intersession, or vacation periods for a minimum of three hours per
day for the regular school year pursuant to Section 8483.7. Grantees
administering comprehensive programs established pursuant to Section
8482.3 are also eligible for funding for summer, intersession, or
vacation periods pursuant to this section.
(2) Core After school and summer
funding grants for programs serving middle and elementary school
pupils in before and after school programs shall
be allocated according to the same funding provisions, and subject to
the same reporting and accountability provisions, as described in
Sections 8483.7 and 8483.75.
(3) Priority shall be given to grant applications that will
provide year-round expanded learning programming, including programs
that complement existing funded programs. Year-round expanded
learning programs are defined as any combination of an applicant that
provides year-round programming, an applicant that offers summer
programming to complement existing after school programs, or an
applicant that offers after school programs to complement existing
summer programs. The applicant is not required to be the same entity
that operates the existing program.
(3)
(4) (A) Funding for a grant shall be allocated in
annual increments for a period not to exceed five years, subject to
annual reporting and recertification as required by the department.
The department shall establish a payment system to accommodate
upfront payments. The department shall notify new grantees, whose
grant awards are contingent upon the appropriation of funds for those
grants, in writing no later than May 15 of each year in which new
grants are awarded. A first-year grant award shall be made no later
than 60 days after enactment of the annual Budget Act and any
authorizing legislation. A grant award for the second and subsequent
fiscal years shall be made no later than 30 days after enactment of
the annual Budget Act and any authorizing legislation. The grantee
shall notify the department in writing of its acceptance of the
grant.
(B) For the first year of a grant, the department shall allocate
25 percent of the grant for that year no later than 30 days after the
grantee accepts the grant. For the second and subsequent years of
the grant, the department shall allocate 25 percent of the grant for
that year no later than 30 days after the annual Budget Act becomes
effective. The grantee shall not use more than 15 percent of an
annual grant award for administrative costs.
(C) In addition to the funding allowed for administrative costs
under subparagraph (B), up to 15 percent of the initial annual grant
award for each core after school grant
recipient may be utilized used for
startup costs.
(D) Under no circumstance shall funding made available pursuant to
subparagraphs (B) and (C) result in an increase in the total funding
of a grantee above the approved grant amount.
(4)
(5) A grantee shall identify the federal, state, and
local programs that will be combined or coordinated with the proposed
program for the most effective use of public resources, and shall
prepare a plan for continuing the program beyond federal grant
funding.
(5)
(6) A grantee shall submit semiannual attendance data
and results to facilitate evaluation and compliance in accordance
with provisions established by the department.
(6)
(7) A program receiving a grant under this subdivision
is not assured of grant renewal from future state or federal funding
at the conclusion of the grant period. However, priority for funding
pursuant to this subdivision shall be given to programs with expiring
grants, if those programs have satisfactorily met projected pupil
outcomes pursuant to subdivision (a) of Section 8484.
(f) A total annual grant award for core funding and
direct after school funding and grants for a site
serving elementary or middle school pupils shall be fifty thousand
dollars ($50,000) per year or more, consistent with federal
requirements.
(g) Notwithstanding any other provision of law,
and contingent upon the availability of funding, the department may
adjust the core after school grant cap
of any grantee based upon one or both of the following:
(1) Amendments made to this section by Chapter 555 of the Statutes
of 2005.
(2) The demonstrated pupil attendance pattern of the grantee. The
department may adjust grant awards pursuant to subparagraph (A) of
paragraph (1) of subdivision (a) of Section 8483.7.
(h) Funds received but unexpended under this article may be
carried forward to subsequent years consistent with federal
requirements. In year one, the full grant may be retained.
(i) If funds remain after all of the priority allocations required
pursuant to subdivisions (a), (b), (c), and (e) have been made, the
department may use that money to fund additional qualified grant
applications under subdivision (c), in order to ensure that all
federal funds received for these purposes are expended for these
purposes. If funds remain after additional qualified grant
applications are approved for funding pursuant to subdivision (c),
the department may award the remaining funds for additional qualified
grant applications pursuant to subdivisions (b) and (e).
(j) In any fiscal year in which the total state appropriation for
that fiscal year exceeds the total state appropriation for the
2008-09 fiscal year after funds have been allocated pursuant to
subdivision (a), the excess amount shall be allocated on a priority
basis for direct after school grants to
community learning centers funded pursuant to Section 8421 as
follows:
(1) Thirty-five percent to community learning centers serving high
school pupils.
(2) Fifty percent to community learning centers serving elementary
and middle school pupils.
(3) Fifteen percent to summer programs serving elementary and
middle school pupils.
(k) This article shall be operative only to the extent that
federal funds are made available for the purposes of this article. It
is the intent of the Legislature that this article not be considered
a precedent for general fund augmentation of either the state
administered, federally funded program of this article, or any other
state funded before or after school program.
SEC. 21. Section 8484.85 is added to the Education Code, to read:
8484.85. The department shall develop, and submit in compliance
with Section 9795 of the Government Code, a biennial report to the
Legislature related to the pupils attending, and the program quality
of, expanded learning programs. The report shall include data that is
derived by matching the unique statewide pupil identifiers with data
in the department's data systems and may include, but is not limited
to, aggregate reporting of all of the following information:
(a) The number, geographical distribution, and type of sites and
grantees participating in expanded learning programs.
(b) Pupil program attendance and pupil schoolday attendance.
(c) Statewide test and assessment scores.
(d) Pupil demographics and characteristics.
(e) Pupil behavior changes and skill development.
(f) The quality of the programs based on the department's guidance
on program quality standards developed pursuant to paragraph (4) of
subdivision (a) of Section 8427.