Amended in Senate March 27, 2014

Senate BillNo. 1221


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 amended, 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 billbegin delete, 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,end deletebegin insert would require programs to submit social, behavioral, or skill development outcome measures by unique statewide pupil identifiers, based on a list of field-recognized and research-based tools and assessments developed by the department,end insert 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 authorizebegin insert additionalend insert funding to be provided for transportation, asbegin delete necessary,end deletebegin insert specified,end insert if a program is operated at a schoolsite located in anbegin delete extreme rural census tract identified by the United States Census as isolatedend deletebegin insert area that has a population density of less than 11 persons per square mileend insert.

(9) Existing law states the intent of the Legislature that the 21st Century Community Learning Centers begin delete21st CCLC end deletebegin insert(21st CCLC) end insertprogram 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:

P5    1

SECTION 1.  

Section 8421 of the Education Code is amended
2to read:

3

8421.  

There is hereby established the 21st Century High School
4After School Safety and Enrichment for Teens program. The
5purpose of the program is to create incentives for establishing
6locally driven after school enrichment programs that partner
7schools and communities to provide academic support and safe,
8constructive alternatives for high school pupils in the hours after
9the regular schoolday, and that support college and career readiness.

10(a) High school after school programs shall serve pupils in
11grades 9 to 12, inclusive.

P6    1(b) A high school after school program established pursuant to
2this article shall consist of the following two elements:

3(1) (A) An academic assistance element that shall include, but
4need not be limited to, at least one of the following: preparation
5for the high school exit examination, tutoring, career exploration,
6homework assistance, or college preparation, including information
7about the Cal Grant Program established pursuant to Chapter 1.7
8(commencing with Section 69430) of Part 42 of Division 5 of Title
93. The assistance shall be coordinated with the regular academic
10programs of the pupils.

11(B) For purposes of this article, “career exploration” means
12activities that help pupils develop the knowledge and skills that
13are relevant to their career interests and reinforce academic content.

14(2) An enrichment element that may include, but need not be
15limited to, community service, career and technical education, job
16readiness, opportunities for mentoring and tutoring younger pupils,
17service learning, arts, computer and technology training, physical
18fitness, and recreation activities.

19(c) A program shall operate for a minimum of 15 hours per
20week.

21(d) An entity may operate programs on one or multiple sites. If
22an entity plans to operate programs at multiple sites, only one
23application is required.

24(e) A program may operate on a schoolsite or on another site
25approved by the department during the grant application process.
26A program located off school grounds shall not be approved unless
27both of the following criteria are met:

28(1) Safe transportation is available to transport participating
29pupils if necessary.

30(2) The program is at least as available and accessible as similar
31 programs conducted on schoolsites.

32(f) Applicants for grants pursuant to this article shall ensure that
33all of the following requirements are fulfilled, if applicable:

34(1) The application includes a description of the activities that
35will be available for pupils and lists the program hours.

36(2) The application includes an estimate of the following:

37(A) The number of pupils expected to attend the program on a
38regular basis.

39(B) The average hours of attendance per pupil.

P7    1(C) The percentage of pupils expected to attend the program
2less than three days a week, three days a week, and more than three
3days a week, for each quarter or semester during the grant period.

4(3) The application documents the commitments of each partner
5to operate a program at a location or locations that are safe and
6accessible to participating pupils.

7(4) The application certifies that pupils were involved in the
8design of the program and describes the extent of that involvement.

9(5) The application identifies federal, state, and local programs
10that will be combined or coordinated with the high school after
11school program for the most effective use of public resources, and
12describes a plan for implementing the high school after school
13program beyond federal grant funding.

14(6) The application has been approved by the school district, or
15the charter school governing body, and the principal of each
16 participating school for each schoolsite or other site.

17(7) The application includes a certification that the applicant
18has complied with the requirement in subdivision (b) of Section
198422.

20(8) The application includes a certification that each applicant
21or partner in the application agrees to do all of the following:

22(A) Assume responsibility for the quality of the program.

23(B) Follow all fiscal reporting and auditing standards required
24by the department.

25(C) Provide the following information on participating pupils
26to the department:

27(i) Schoolday attendance rates.

28(ii) Program attendance.

29(D) Acknowledge that program evaluations will be based upon
30the criteria in Section 8427.

31(9) Certify that the applicant has complied with all federal
32requirements in preparing and submitting the application.

33(g) The department shall not establish minimum attendance
34requirements for individual pupils.

35(h) It is the intent of the Legislature, that, to the extent possible,
36the department require applicants to submit the information
37required by this section in a short and concise manner.

38

SEC. 2.  

Section 8421.5 of the Education Code is amended to
39read:

P8    1

8421.5.  

(a) (1) The department shall provide notice to all
2schools eligible for grants under this article of the availability of
3those grants as well as the application process.

4(2) The department shall make the application available through
5its Internet Web site. The department shall periodically review the
6applications on a competitive basis for funding on dates determined
7by the department.

8(b) The department shall review all applications for their
9inclusion of the requirements of subdivision (f) of Section 8421
10and Section 8423.

11

SEC. 3.  

Section 8422 of the Education Code is amended to
12read:

13

8422.  

(a) Priority for funding pursuant to this article shall be
14given to programs that:

15(1) Serve pupils attending a school whose most recent score on
16the Academic Performance Index ranks the school in the lowest
17three deciles.

18(2) Previously received funding pursuant to Section 8421, for
19expansion of existing grants up to the per site maximum established
20under paragraph (1) of subdivision (a) of Section 8426, or to
21replace expiring grants that have satisfactorily met their projected
22attendance goals.

23(b) A program established pursuant to this article shall be
24planned through a collaborative process that includes parents,
25pupils, representatives of participating schools, governmental
26agencies, including city and county parks and recreation
27departments, community organizations, law enforcement, and, if
28appropriate, the private sector.

29(c) A program established pursuant to this article is not required
30to charge family fees or to conduct individual eligibility
31determinations based on need or income.

32(d) A program established pursuant to this article shall have the
33option of operating under either of the following modes:

34(1) After school only.

35(2) After school and during any combination of before school,
36weekends, summer, intersession, and vacation.

37

SEC. 4.  

Section 8423 of the Education Code is amended to
38read:

39

8423.  

(a) The department shall select grantees to participate
40in the 21st Century High School After School Safety and
P9    1Enrichment for Teens program from among applicants that apply
2on forms and in a manner prescribed by the department. To the
3extent possible, the selection of applicants by the department shall
4result in an equitable distribution of grant awards to applicants in
5northern, southern, and central California, and in urban, suburban,
6and rural areas of the state.

7(b) The department shall consider the following criteria in
8awarding grants:

9(1) Strength of the educational element and coordination with
10state academic standards, preparation for the high school exit
11examination, and other academic interventions.

12(2) Strength of the enrichment element.

13(3) Evidence of community collaboration, including
14demonstrated support of the principal and staff from participating
15schools.

16(4) A description of the manner in which programs will provide
17a safe physical and emotional environment and opportunities for
18relationship building, and promote active pupil engagement.

19(5) A description of the manner in which the program design
20will be periodically reexamined in order to maintain strong pupil
21interest.

22(6) A description of plans to attract pupils, particularly pupils
23considered at risk or in need of academic support, on a regular
24basis.

25(c) The application shall certify all of the following:

26(1) Completion of an assessment of pupils’ preferences for
27program activities.

28(2) Access to, and availability of, computers and technology.

29(3) Inclusion of a nutritional snack, meal, or both, and a physical
30activity element.

31(4) That the program will meet all of the evaluation
32requirements.

33(5) Fiscal accountability.

34

SEC. 5.  

Section 8425 of the Education Code is amended to
35read:

36

8425.  

(a) The department shall implement this program only
37to the extent that federal funds are appropriated by the Legislature
38for purposes of the program. It is the intent of the Legislature that
39available federal funds be appropriated annually for the program
40established pursuant to this article through the annual Budget Act.

P10   1(b) The department may spend up to 3 percent of the funds
2appropriated for purposes of this article to provide training by
3qualified and experienced personnel, to convene regular meetings
4among grantees, and to ensure quality program implementation
5and sustainability, including unscheduled site visits.

6

SEC. 6.  

Section 8426 of the Education Code is amended to
7read:

8

8426.  

(a) (1) A grantee that establishes a program pursuant
9to this chapter is eligible to receive a five-year grant of up to two
10hundred fifty thousand dollars ($250,000) per year per site in a
11program, subject to semiannual attendance reporting. Funding for
12a grant shall be allocated in annual increments for a period of not
13more than five years, contingent upon the availability and
14appropriation of federal funds by the Legislature for those grants.

15(2) The department shall notify new grantees of their award
16status and dollar amount of the award, if any, in writing on or
17before May 15 of each year in which new grants are awarded. The
18grantee shall notify the department in writing of its acceptance of
19the grant.

20(3) A first-year grant award shall be made no later than 60 days
21after enactment of the annual Budget Act and any authorizing
22legislation. A grant award for the second and subsequent fiscal
23years shall be made no later than 30 days after enactment of the
24annual Budget Act and any authorizing legislation.

25(b) The department shall allocate 25 percent of the grant amount
26each year no later than 30 days after the grant award acceptance
27letter is received by the department.

28(c) (1) Not more than 15 percent of each annual grant amount
29may be used by a grantee for administrative costs. For purposes
30of this article, administrative costs shall include indirect costs.
31Indirect costs shall not exceed the lesser of the following:

32(A) The grantee’s indirect cost rate, as approved by the
33department for the appropriate fiscal year.

34(B) Five percent of the state program funding received pursuant
35to this article.

36(2) In addition to the funding allowed for administrative costs
37pursuant to paragraph (1), up to 15 percent of the first year’s annual
38grant award for each after school grant recipient may be used for
39startup costs.

P11   1(3) Funding made available pursuant to this subdivision shall
2not result in an increase in the total funding of a grantee above the
3approved grant amount.

4(d) Grantees are subject to semiannual attendance reporting
5during each year of the grant.

6(1) The department shall provide technical support for
7development of a program improvement plan for grantees under
8the following conditions:

9(A) If actual pupil attendance falls below 75 percent of the
10proposed levels in any year of the grant.

11(B) If the grantee fails, in any year of the grant, to demonstrate
12measurable outcomes pursuant to Section 8427.

13(C) If the grantee fails in three consecutive years to demonstrate
14improved academic achievement among participating pupils as
15measured by data collected under paragraph (8) of subdivision (f)
16of Section 8421, as that section read on January 1, 2014.

17(2) If the actual pupil attendance falls below 75 percent of the
18proposed attendance level at the end of the second year of the
19grant, the department may reduce funding for the grantee.

20(3) The department shall adjust the grant level of any school in
21the program that is under its proposed attendance level by more
22than 15 percent in each of two consecutive years.

23(4) In any year, after the first grant-year period, that the actual
24attendance level of a school within the program falls below 75
25percent of the proposed attendance level, the department shall
26perform a review of the program and may adjust the grant level
27as the department deems appropriate.

28(e) Notwithstanding any other provision of this section or any
29other law, the department may at any time terminate the grant of
30a school in a public school program that fails in three consecutive
31years to meet either of the following requirements:

32(1) Demonstrate program outcomes pursuant to Section 8427.

33(2) Attain 75 percent of its proposed attendance levels after
34having its program reviews and grant level adjusted by the
35department.

36(f) The department shall create a process to allow a grantee to
37voluntarily lower its annual grant amount if one or more sites are
38unable to meet the proposed pupil attendance levels by the end of
39the second year of the grant.

P12   1(g) (1) The administrator of a program may supplement, but
2not supplant, existing funding for after school programs with grant
3funds awarded pursuant to this article.

4(2) In addition to administrative costs, a program participant
5may expend up to the greater of 6 percent of its state funding or
6seven thousand five hundred dollars ($7,500) to collect outcome
7data for evaluation and for reports to the department.

8(3) All state funding awarded to a program pursuant to this
9article that remains after subtracting the administrative costs,
10startup costs, and outcome data costs authorized by subdivisions
11(c) and (d) shall be allocated to the program site for direct services
12to pupils.

13(h) When determining grant award amounts after each grant
14year, the department may consider whether a program is operating
15consistent with the terms of its application, including whether the
16number of pupils served on a regular basis is consistent with the
17number estimated, and may consider the strength of any
18justifications or future plans offered by the program to address
19inconsistencies with the terms of the application. If the department
20finds that a program is not operating consistent with the terms of
21its application, the department may take appropriate action,
22including denying grant awards or reducing the level of grant
23funding.

24

SEC. 7.  

Section 8427 of the Education Code is amended to
25read:

26

8427.  

(a) A high school after school program established
27pursuant to this article shall submit to the department annual
28outcome-based data for evaluation.

29(1) To demonstrate program effectiveness, grantees shall submit,
30using the unique statewide pupil identifiers for participating pupils
31who are unduplicated pupils, both of the following:

32(A) Schoolday attendance on an annual basis.

33(B) Program attendance on a semiannual basis.

34(2) Programs shall submit evidence of a program quality
35improvement process that is based on the department’s guidance
36on program quality standards developed pursuant to paragraph (4).

begin delete

37(3) To the extent pupil level data is available, a program may
38report on both of the following:

end delete
begin delete

39(A) Positive behavioral changes, as reported by schoolday
40teachers or after school staff who directly supervise pupils.

end delete
begin delete

P13   1(B) Skill development consistent with the program elements,
2as reported by schoolday teachers or after school staff who directly
3supervise pupils.

end delete
begin insert

4(3) Programs shall submit social, behavioral, or skill
5development outcome measures by unique statewide pupil
6identifiers, based on a list of field-recognized and research-based
7tools and assessments developed by the department. These pupil
8outcomes related to specific social-emotional competencies include,
9but are not necessarily limited to, social skills, self-control,
10empathy, perseverance, conflict resolution, and
11school-connectedness. The menu of tools and assessments shall
12lend themselves to program evaluation and continuous
13improvement processes so that they can be easily combined to
14match the focus and context of the wide variation of funded
15expanded learning programs. No one tool or assessment shall be
16given priority, and this list of tools and assessments shall be
17reviewed and updated annually to include future additions used
18in the field and validated by research. This reporting requirement
19shall be implemented by the department no later than the 2015-16
20school year.

end insert

21(4) The department may develop additional measures to
22demonstrate program effectiveness, including, but not limited to,
23program quality standards. Additions shall be developed in
24consultation with the advisory committee pursuant to Section
258484.9.

26(5) Programs shall submit information to the department through
27the process used in subdivision (b) of Section 8421.5.

28(b) (1) If a program consistently fails to demonstrate measurable
29program outcomes for three consecutive years, the department
30may terminate the program pursuant to the process described in
31subdivision (e) of Section 8426. The department shall consider
32multiple outcomes and not rely on one outcome in isolation.

33(2) For purposes of this subdivision, “consistently fails to
34demonstrate measurable program outcomes” means failure to meet
35program effectiveness requirements pursuant to the criteria in
36paragraphs (1) and (2) of subdivision (a).

37(3) Measurable program outcomes may be demonstrated by,
38but are not limited to, the following methods:

39(A) Comparing pupils participating in the program to
40nonparticipating pupils at the same schoolsite.

P14   1(B) Pupils participating in the program demonstrate
2improvement on one or more indicators collected by the program
3pursuant to this section.

4(c) The department shall identify or develop standardized
5procedures and tools to collect the indicators in paragraphs (1) and
6(2) of subdivision (a) in accordance with the recommendations
7made pursuant to paragraph (5) of subdivision (h) of Section
88484.9.

9

SEC. 8.  

Section 8428 of the Education Code is repealed.

10

SEC. 9.  

Section 8482.1 is added to the Education Code, to
11read:

12

8482.1.  

For purposes of this article, Article 19 (commencing
13with Section 8420), and Article 22.6 (commencing with Section
148484.7), the following definitions shall apply:

15(a) “Expanded learning” means before school, after school,
16summer, or intersession learning programs that focus on developing
17the academic, social, emotional, and physical needs and interests
18of pupils through hands-on, engaging learning experiences. It is
19the intent of the Legislature that expanded learning programs are
20pupil-centered, results driven, include community partners, and
21complement, but do not replicate, learning activities in the regular
22schoolday and school year.

23(b) “Summer grant” means funding to operate any program in
24excess of 180 regular schooldays or during any combination of
25summer, intersession, or vacation periods.

26

SEC. 10.  

Section 8482.55 of the Education Code is amended
27to read:

28

8482.55.  

(a) To accomplish the purposes of the After School
29Education and Safety Program, commencing with the fiscal year
30beginning July 1, 2004, and for each fiscal year thereafter, all
31grants made pursuant to this article shall be awarded as set forth
32in this section.

33(b) (1) Grants made to public schools pursuant to this article
34for the 2005-06 fiscal year shall continue to be funded in each
35subsequent fiscal year at the 2005-06 fiscal year level, after the
36adjustments provided in paragraphs (1) and (2) of subdivision (a)
37of Section 8483.7 and paragraphs (1) and (2) of subdivision (a) of
38Section 8483.75 have been made, before any other grants are
39funded under this article, provided those schools continue to make
40application for the grants and are otherwise qualified pursuant to
P15   1this article. Receipt of a grant at the 2005-06 fiscal year level made
2pursuant to this subdivision shall not affect a school’s eligibility
3for additional grant funding as permitted in subdivisions (c) and
4(d) up to the maximum grants permitted in Sections 8483.7 and
58483.75.

6(2) (A) An elementary or middle school program grantee funded
7pursuant to Section 8484.8 shall apply to receive a new grant under
8this article in the 2006-07 fiscal year. These programs shall receive
9priority for funding before any new grant is funded pursuant to
10this article if the program is otherwise qualified pursuant to this
11article. Notwithstanding the maximum grant amounts permitted
12in Sections 8483.7 and 8483.75, the grantee shall receive the same
13amount of grant funding that it was awarded pursuant to Section
148484.8 in the fiscal year before the year for which the grantee
15 requests funding pursuant to this article. The grantee shall apply
16to the department, and elect to receive funding under this article,
17on or before a date established by the department that is before the
18date by which the department awards new grants pursuant to this
19article.

20(B) Grantees funded pursuant to Section 8484.8 in the 2005-06
21fiscal year may elect to receive funding pursuant to this article
22after the 2006-07 fiscal year and shall be funded under the
23conditions outlined in subparagraph (A), if funds are available.

24(c) Each public elementary, middle, and junior high school in
25the state shall be eligible to receive a three-year renewable after
26school grant for after school programs to be operated during the
27regular school year, as provided in subparagraph (A) of paragraph
28(1) of subdivision (a) of Section 8483.7. In the case of schools
29serving a combination of elementary, middle, and junior high
30school pupils, the applicant may apply for a grant with funding
31based on the middle school grant maximum. The program shall
32comply with the elementary program and attendance requirements
33for pupils in the elementary grades. For purposes of this article, a
34school serving a combination of middle and junior high school
35and high school pupils shall be eligible to apply for a grant to serve
36pupils through grade 9. Except as provided in this subdivision,
37grants for after school programs made pursuant to this subdivision
38shall be subject to all other sections of this article. Grants for after
39school programs made pursuant to this subdivision shall not exceed
40one hundred twelve thousand five hundred dollars ($112,500) for
P16   1each regular school year for each elementary school or one hundred
2fifty thousand dollars ($150,000) for each regular school year for
3each middle or junior high school. Except as provided in
4subdivision (f) of this section and subdivision (a) of Section 8482.5,
5each public elementary, middle, and junior high school in the state
6shall have equal priority of funding for grants for after school
7programs made pursuant to this subdivision. Receipt of a grant for
8an after school program made pursuant to this subdivision shall
9not affect a school’s eligibility for additional grant funding as
10permitted in subdivision (d) up to the maximum grants permitted
11in Sections 8483.7 and 8483.75. Grants made pursuant to this
12subdivision shall be funded after grants made pursuant to
13subdivision (b) and before any grants made pursuant to subdivision
14(d). Grants made pursuant to this subdivision shall be referred to
15as “After School Education and Safety Universal Grants.”

16(d) All funds remaining from the appropriation provided in
17Section 8483.5 after award of grants pursuant to subdivisions (b)
18and (c) shall be distributed pursuant to Sections 8483.7 and
198483.75. Grants for programs made pursuant to this subdivision
20shall be subject to all other sections of this article. Priority for
21grants for programs made pursuant to this subdivision shall be
22established pursuant to subdivision (a) of Section 8482.5 and
23Section 8483.3.

24(e) With the exception of schools previously funded under both
25this article and Section 8484.8, a school shall not receive grants
26in excess of the amounts provided in Sections 8483.7 and 8483.75.

27(f) If in any fiscal year the appropriation made pursuant to
28Section 8483.5 is insufficient to fund all eligible schools who
29submit an eligible application for After School Education and
30Safety Universal Grants pursuant to subdivision (c), priority for
31After School Education and Safety Universal Grants shall be
32established pursuant to subdivision (a) of Sections 8482.5 and
338483.3.

34

SEC. 11.  

Section 8482.8 of the Education Code is amended to
35read:

36

8482.8.  

(a) If there is a significant barrier to pupil participation
37in a program established pursuant to this article at the school of
38attendance for either the before school or the after school
39component, an applicant may request approval from the
40Superintendent, before or during the grant application process, to
P17   1provide services at another schoolsite for that component. An
2applicant that requests approval shall describe the manner in which
3the applicant intends to provide safe, supervised transportation
4between schoolsites; ensure communication among teachers in the
5regular school program, staff in the before school and after school
6components of the program, and parents of pupils; and coordinate
7the educational and literacy component of the before and after
8school components of the program with the regular school
9programs of participating pupils.

10(b) For purposes of this article, a significant barrier to pupil
11participation in the before school or the after school component
12of a program established pursuant to this chapter means either of
13the following:

14(1) Fewer than 20 pupils participating in the component of the
15program.

16(2) Extreme transportation constraints, including, but not limited
17to, desegregation bussing, bussing for magnet or open enrollment
18schools, or pupil dependence on public transportation.

19(c) In addition to the authority to transfer funds among school
20programs pursuant to Sections 8483.7 and 8483.75, and in addition
21to the flexibility provided by subdivisions (a) and (b), a program
22grantee that is temporarily prevented from operating a program
23established pursuant to this article at the program site due to natural
24disaster, civil unrest, or imminent danger to pupils or staff may
25shift program funds to the sites of other programs established
26pursuant to this article to meet attendance targets during that time
27period.

28(d) If a program grantee is temporarily prevented from operating
29its entire program due to natural disaster, civil unrest, or imminent
30danger to pupils or staff, the department may recommend, and the
31state board may approve, a request by the grantee for payment
32equal to the amount of funding the grantee would have received
33if it had been able to operate its entire program during that time
34period.

35(e) Upon the request of a program grantee, the state board may
36approve other unforeseen events as qualifying a program grantee
37to use the authority provided by subdivisions (c) and (d).

38

SEC. 12.  

Section 8483.3 of the Education Code, as amended
39by Section 3 of Chapter 706 of the Statutes of 2013, is amended
40to read:

P18   1

8483.3.  

(a) The department shall select applicants to participate
2in the program established pursuant to this article from among
3applicants that apply on forms and in a manner prescribed by the
4department. It is the intent of the Legislature that the manner
5prescribed by the department, to the extent possible, allow for short
6and concise applicant responses. To the extent possible, the
7selection of applicants by the department shall result in an equitable
8distribution of grant awards pursuant to Section 8483.7 to
9applicants in northern, southern, and central California, and in
10urban, suburban, and rural areas of California.

11(b) The department shall consider the following in selecting
12schools to participate in the program established pursuant to this
13article:

14(1) Percentage of pupils eligible for free and reduced-price
15lunch.

16(2) Other indicators of need for the program, including, but not
17limited to, socioeconomic status of the neighborhoods in which
18participating pupils reside, the percentage of English language
19learners at the school, and the availability of programs in the
20community in which participating pupils reside.

21(c) The application shall certify all of the following:

22(1) Inclusion of an educational element.

23(2) Inclusion of an enrichment element. These opportunities
24may include arts, career technical education, recreation, technology,
25and other activities to support positive youth development.

26(3) That the program will provide a safe physical and emotional
27environment, opportunities for relationship building, and promote
28active pupil engagement.

29(4) Staff training and development will be provided.

30(5) Integration with the regular schoolday and other expanded
31learning opportunities.

32(6) Community collaboration, including, but not limited to,
33demonstrated support of the schoolsite principal and staff.

34(7) Opportunities for physical activity.

35(8) Inclusion of a nutritional snack, meal, or both.

36(9) Fiscal accountability.

37(10) Availability of required local matching funds.

38(11) That the program will meet all of the evaluation
39requirements.

P19   1(d) Subdivision (b) does not apply to an applicant school that
2meets the priority criteria described in subdivision (a) of Section
38482.5.

4

SEC. 13.  

Section 8483.7 of the Education Code is amended to
5read:

6

8483.7.  

(a) (1) (A) Each school that establishes a program
7pursuant to this article is eligible to receive a three-year after school
8grant, that shall be awarded in three one-year increments and is
9subject to semiannual attendance reporting and requirements as
10described in Section 8482.3 once every three years.

11(i) The department shall provide technical support for
12development of a program improvement plan for grantees under
13the following conditions:

14(I) If actual pupil attendance falls below 75 percent of the target
15attendance level in any year of the grant.

16(II) If the grantee fails, in any year of the grant, to demonstrate
17measurable outcomes pursuant to Section 8484.

18(ii) The department shall adjust the grant level of any school
19within the program that is under its targeted attendance level by
20more than 15 percent in each of two consecutive years.

21(iii) In any year after the initial grant year, if the actual
22attendance level of a school within the program falls below 75
23percent of the target attendance level, the department shall perform
24a review of the program and adjust the grant level as the department
25deems appropriate.

26(iv) The department shall create a process to allow a grantee to
27voluntarily lower its annual grant amount if one or more sites are
28unable to meet the proposed pupil attendance levels by the end of
29the second year of the grant.

30(v) A grantee who has had its grant amount reduced may
31subsequently request an increase in funding up to the maximum
32grant amounts provided under this subdivision.

33(vi) The department may terminate the grant of any site or
34program that does not comply with fiscal reporting, attendance
35reporting, or outcomes reporting requirements established by the
36department and pursuant to Section 8484. The department may
37withhold the grant allocation for a program or site if the prior grant
38year’s fiscal or attendance reporting remains outstanding, until the
39reports have been filed with the department.

P20   1(vii) Notwithstanding any other provision of this subdivision
2or any other law, after the technical assistance required under
3clause (i) has been provided, the department may at any time
4terminate the grant of a school in a program that fails for three
5consecutive years to meet either of the following requirements:

6(I) Demonstrate measurable program outcomes pursuant to
7Section 8484.

8(II) Attain 75 percent of its proposed attendance level after
9having had its program reviewed and grant level adjusted by the
10department.

11(B) After school grants may be awarded to applicants that have
12demonstrated readiness to begin operation of a program or to
13expand existing programs.

14(C) The maximum total after school grant amount awarded
15annually pursuant to this paragraph shall be one hundred twelve
16thousand five hundred dollars ($112,500) for each regular school
17year for each elementary school and one hundred fifty thousand
18dollars ($150,000) for each regular school year for each middle or
19 junior high school. The Superintendent shall determine the total
20annual after school grant amount for which a site is eligible based
21on a formula of seven dollars and fifty cents ($7.50) per pupil per
22day of pupil attendance that the program plans to serve, with a
23maximum total grant of thirty-seven dollars and fifty cents ($37.50)
24per projected pupil per week, and a formula of seven dollars and
25fifty cents ($7.50) per projected pupil per day of staff development,
26with a maximum of three staff development days per year. A
27program may provide the three days of staff development during
28regular program hours using funds from the total grant award.

29(2) For large schools, the maximum total grant amounts
30described in paragraph (1) may be increased based on the following
31formulas, up to a maximum amount of twice the respective limits
32specified in paragraph (1):

33(A) For elementary schools, multiply one hundred thirteen
34dollars ($113) by the number of pupils enrolled at the schoolsite
35for the normal schoolday program that exceeds 600.

36(B) For middle schools, multiply one hundred thirteen dollars
37($113) by the number of pupils enrolled at the schoolsite for the
38normal schoolday program that exceeds 900.

39(3) The maximum total grant amounts set forth in subparagraph
40(C) of paragraph (1) may be increased from any funds made
P21   1available for this purpose in the annual Budget Act for participating
2schools that have pupils on waiting lists for the program. Grants
3may be increased by the lesser of an amount that is either 25
4percent of the current maximum total grant amount or equal to the
5proportion of pupils unserved by the program as measured by
6documented waiting lists as of January 1 of the previous grant
7year, compared to the actual after school enrollment on the same
8date. The amount of the required cash or in-kind matching funds
9shall be increased accordingly. First priority for an increased
10maximum grant pursuant to this paragraph shall be given to schools
11that qualify for funding pursuant to subdivision (b) of Section
128482.55. Second priority shall be given to schools that receive
13funding priority pursuant to subdivision (f) of Section 8482.55.

14(4) The minimum total after school grant amountbegin insert for each
15schoolend insert
begin insertsiteend insert that may be awarded pursuant to this section shall be
16computed by multiplying the applicable rate per pupil per day of
17pupil attendance by 20 pupils being served for 180 regular
18schooldays.

19(5) A school that establishes a program pursuant to this section
20is eligible to receive a summer grant to operate the program in
21excess of 180 regular schooldays or during any combination of
22summer, intersession, or vacation periods for a maximum of the
23lesser of the following amounts:

24(A) Seven dollars and fifty cents ($7.50) per day per pupil.

25(B) Thirty percent of the total grant amount awarded to the
26school per school year pursuant to subparagraph (C) of paragraph
27(1).

28(C) Notwithstanding subparagraphs (A) and (B), the maximum
29total summer grant that may be awarded annually pursuant to this
30paragraph shall be thirty-three thousand seven hundred fifty dollars
31($33,750) for each regular school year for each elementary school
32and forty-five thousand dollars ($45,000) for each regular school
33year for each middle or junior high school.

begin insert

34(6) Additional funding may be made available for transportation
35in programs that meet the requirements of Section 8484.65, in an
36amount not to exceed twenty-five thousand dollars ($25,000) per
37site, per school year, in accordance with needs determined by the
38local community.

end insert
begin delete

39(6)

end delete

P22   1begin insert(end insertbegin insert7)end insert Each program shall provide an amount of cash or in-kind
2local funds equal to not less than one-third of the total grant from
3the school district, governmental agencies, community
4organizations, or the private sector. Facilities or space usage may
5fulfill not more than 25 percent of the required local contribution.

begin delete

6(7)

end delete

7begin insert(end insertbegin insert8)end insert (A) A grantee may allocate, with departmental approval,
8up to 125 percent of the maximum total grant amount for an
9individual school, so long as the maximum total grant amount for
10all school programs administered by the program grantee is not
11exceeded.

12(B) A program grantee that transfers funds for purposes of
13administering a program pursuant to subparagraph (A) shall have
14an established waiting list for enrollment, and may transfer only
15from another school program that has met a minimum of 70 percent
16of its attendance goal.

17(b) The administrator of a program established pursuant to this
18article may supplement, but not supplant, existing funding for after
19school programs with grant funds awarded pursuant to this article.
20State categorical funds for remedial education activities shall not
21be used to make the required contribution of local funds for those
22after school programs.

23(c) Up to 15 percent of the initial year’s grant amount for each
24grant recipient may be used for startup costs. Under no
25circumstance shall funding for startup costs result in an increase
26in the grant recipient’s total funding above the approved grant
27amount.

28(d) For each year of the grant, the department shall award the
29total grant amount for that year not later than 30 days after the date
30the grantee accepts the grant.

31(e) The department may adjust the amount of a direct grant,
32awarded to a new applicant pursuant to this section, on the basis
33of the program start date, as determined by the department.

34

SEC. 14.  

Section 8483.75 of the Education Code is amended
35to read:

36

8483.75.  

(a) (1) (A) Each school that establishes a before
37school program component pursuant to Section 8483.1 is eligible
38to receive a three-year renewable after school grant, that shall be
39awarded in three one-year increments and is subject to semiannual
40attendance reporting and renewal as required by the department.
P23   1Before school programs established pursuant to this section shall
2be subject to the same reporting and accountability provisions
3described in subparagraph (A) of paragraph (1) of subdivision (a)
4of Section 8483.7.

5(B) The maximum total grant amount awarded annually pursuant
6to this paragraph shall be thirty-seven thousand five hundred dollars
7($37,500) for each regular school year for each elementary school
8and forty-nine thousand dollars ($49,000) for each regular school
9year for each middle or junior high school.

10(C) The Superintendent shall determine the total annual after
11school grant amount for which a site is eligible based on a formula
12of five dollars ($5) per pupil per day that the program plans to
13serve, with a maximum total grant of twenty-five dollars ($25) per
14projected pupil per week.

15(2) For large schools, the maximum total grant amounts
16described in paragraph (1) may be increased based on the following
17formulas, up to a maximum amount of twice the respective limits
18specified in paragraph (1):

19(A) For elementary schools, multiply seventy-five dollars ($75)
20by the number of pupils enrolled at the schoolsite for the normal
21schoolday program that exceeds 600.

22(B) For middle schools, multiply seventy-five dollars ($75) by
23the number of pupils enrolled at the schoolsite for the normal
24schoolday program that exceeds 900.

25(3) A school that establishes a program pursuant to this section
26is eligible to receive a summer grant to operate the program in
27excess of 180 regular schooldays during any combination of
28summer, intersession, or vacation periods for a maximum of 30
29percent of the total grant amount awarded to the school per school
30year under this subdivision.

31(4) Each program shall provide an amount of cash or in-kind
32local funds equal to not less than one-third of the total grant from
33the school district, governmental agencies, community
34organizations, or the private sector. Facilities or space usage may
35fulfill not more than 25 percent of the required local contribution.

36(5) (A) The department may award up to 125 percent of the
37maximum total grant amount for an individual school, so long as
38the maximum total grant amount for all school programs
39administered by the program grantee is not exceeded.

P24   1(B) A program grantee that is awarded funds pursuant to
2subparagraph (A) shall have an established waiting list for
3enrollment, and may receive funds only from another school
4program that has met a minimum of 70 percent of its attendance
5goal.

6(b) The administrator of a program established pursuant to this
7article may supplement, but not supplant, existing funding for
8before school programs with grant funds awarded pursuant to this
9article. State categorical funds for remedial education activities
10shall not be used to make the required contribution of local funds
11for those before school programs.

12(c) Up to 15 percent of the initial year’s grant amount for each
13grant recipient may be used for startup costs. Under no
14circumstance shall funding for startup costs result in an increase
15in the grant recipient’s total funding above the approved grant
16amount.

17(d) For each year of the grant, the department shall award the
18total grant amount for that year not later than 30 days after the date
19the grantee accepts the grant.

20

SEC. 15.  

Section 8483.76 of the Education Code is amended
21to read:

22

8483.76.  

(a) A school that establishes a program pursuant to
23Section 8483.7 or 8483.75 is eligible to receive a summer grant
24to operate the program in excess of 180 regular schooldays or
25during any combination of summer, intersession, or vacation
26periods for a maximum of either 30 percent of the total grant
27amount awarded, per school year, to the school, or thirty-three
28thousand seven hundred fifty dollars ($33,750) for each regular
29school year for each elementary school and forty-five thousand
30dollars ($45,000) for each regular school year for each middle or
31junior high school.

32(b) An existing after school summer grantee may operate a
33three-hour or a six-hour per day program. If the grantee operates
34a six-hour per day program, the target attendance level for the
35purpose of grant reductions pursuant to subparagraph (A) of
36paragraph (1) of subdivision (a) of Section 8483.7 shall be
37computed as if the grant award were based upon the lesser of fifteen
38dollars ($15) per day of pupil attendance or 30 percent of the total
39grant awarded to the school per school year.

P25   1(c) A summer grantee that operates a program pursuant to this
2section may change the location of the program to address the
3needs of pupils and school closures. The program may be
4conducted at an offsite location or at an alternate schoolsite. The
5summer grantee shall give notice to the department of the change
6of location and shall include a plan to provide safe transportation
7pursuant to Section 8484.6.

8(d) A summer grantee that operates a program pursuant to this
9section may open eligibility to every pupil attending a school in
10the school district. Priority for enrollment shall be given to the
11pupils enrolled in the school that receives the grant.

12(e) A summer grantee operating a six-hour per day program
13shall provide for each needy pupil at least one nutritionally
14adequate free or reduced-price meal during each program day.

15(f) A summer grantee that operates a six-hour per day program
16is required to submit, for prior approval by the department, a
17revised program plan that includes all of the following:

18(1) A plan for provision of the free or reduced-price meal
19required by subdivision (e).

20(2) An attendance and early release policy for the program that
21is consistent with the local educational agency’s early release
22policy for the regular schoolday.

23

SEC. 16.  

Section 8484 of the Education Code is amended to
24read:

25

8484.  

(a) As required by the department, programs established
26pursuant to this article shall submit annual outcome-based data for
27evaluation. The department may consider these outcomes when
28determining eligibility for grant renewal.

29(1) To demonstrate program effectiveness, grantees shall submit,
30using the unique statewide pupil identifiers, for participating pupils
31who are unduplicated pupils, both of the following:

32(A) Schoolday attendance on an annual basis.

33(B) Program attendance on a semiannual basis.

34(2) Programs shall submit evidence of a program quality
35improvement process that is based on the department’s guidance
36on program quality standards developed pursuant to paragraph (4).

begin delete

37(3) To the extent pupil level data is available, a program may
38report on both of the following:

end delete
begin delete

39(A) Positive behavioral changes, as reported by schoolday
40teachers or after school staff who directly supervise pupils.

end delete
begin delete

P26   1(B) Skill development consistent with the program elements,
2as reported by schoolday teachers or after school staff who directly
3supervise pupils.

end delete
begin insert

4(3) Programs shall submit social, behavioral, or skill
5development outcome measures by unique statewide pupil
6identifiers, based on a list of field-recognized and research-based
7tools and assessments developed by the department. These pupil
8outcomes related to specific social-emotional competencies include,
9but are not necessarily limited to, social skills, self-control,
10empathy, perseverance, conflict resolution, and
11school-connectedness. The menu of tools and assessments shall
12lend themselves to program evaluation and continuous
13improvement processes so that they can be easily combined to
14match the focus and context of the wide variation of funded
15expanded learning programs. No one tool or assessment shall be
16given priority, and this list of tools and assessments shall be
17reviewed and updated annually to include future additions used
18in the field and validated by research. This reporting requirement
19shall be implemented by the department no later than the 2015-16
20school year.

end insert

21(4) The department may develop additional measures for this
22paragraph, including, but not limited to, program quality standards.
23Additions shall be developed in consultation with the evaluation
24committee of the advisory committee.

25(5) Programs shall submit information adopted through the
26process outlined in subdivision (c).

27(b) (1) If a program consistently fails to demonstrate measurable
28program outcomes for three consecutive years, the department
29may terminate the program as described in subdivision (a) of
30Section 8483.7. The department shall consider multiple outcomes
31and not rely on one outcome in isolation.

32(2) For purposes of this section, “consistently fails to
33 demonstrate measurable program outcomes” means failure to meet
34program effectiveness requirements pursuant to the criteria in
35paragraphs (1) and (2) of subdivision (a).

36(3) Measurable program outcomes may be demonstrated by,
37but are not limited to, comparing pupils participating in the
38program to nonparticipating pupils at the same schoolsite.

39(c) The department shall develop standardized procedures and
40tools to collect the indicators in paragraphs (1) and (2) of
P27   1subdivision (a). The department shall consult with the evaluation
2committee of the Advisory Committee on Before and After School
3Programs pursuant to Section 8484.9.

4

SEC. 17.  

Section 8484.1 of the Education Code is amended to
5read:

6

8484.1.  

To the extent consistent with federal and state privacy
7laws, local educational agency grantees funded pursuant to this
8article and Article 22.6 (commencing with Section 8484.7) may
9submit the following pupil data to an operator of an after school
10program with which the local educational agency has a contract:

11(a) Schoolday attendance data.

12(b) Statewide test and assessment scores.

13(c) High school exit examination scores.

14(d) English language development test placement or
15reclassification scores.

16(e) California Healthy Kids Survey results in aggregate form.

17

SEC. 18.  

Section 8484.65 is added to the Education Code, 18immediately following Section 8484.6, to read:

19

8484.65.  

If a program is operated at a schoolsite located in an
20begin delete extreme rural census tract identified by the United States Census
21as isolated,end delete
begin insert area that has a population density of less than 11
22persons per square mile, additionalend insert
funding may be provided for
23transportationbegin delete, as necessaryend deletebegin insert pursuant to Section 8483.7end insert.

24

SEC. 19.  

Section 8484.7 of the Education Code is amended to
25read:

26

8484.7.  

It is the intent of the Legislature that the 21st Century
27Community Learning Centers program contained within the federal
28No Child Left Behind Act of 2001 (Public Law 107-110)
29complement the After School Education and Safety Program
30established by Article 22.5 (commencing with Section 8482) to
31provide year-round opportunities for expanded learning, as defined
32in Section 8482.1, and to support the local flexibility needed to
33implement federal 21st Century Community Learning Centers
34programs through after school grants as specified in this article.

35

SEC. 20.  

Section 8484.8 of the Education Code is amended to
36read:

37

8484.8.  

In accordance with Part B of Title IV of the federal
38No Child Left Behind Act of 2001 (Public Law 107-110), funds
39appropriated in Item 6110-197-0890 of Section 2.00 of the Budget
40Act of 2002 are available for expenditure as follows, with any
P28   1subsequent allocations for these purposes to be determined in the
2annual Budget Act:

3(a) Beginning with the 2006-07 fiscal year, 5 percent of the
4federal funds appropriated through this article shall be available
5to the department for purposes of providing technical assistance,
6evaluation, and training services, and for contracting for local
7technical assistance, for carrying out programs related to 21st
8Century Community Learning Centers programs.

9(1) The department shall provide directly, or contract for,
10technical assistance for new programs and any program that is not
11meeting attendance or performance goals, or both, and requests
12that assistance.

13(2) (A) Training and support shall include, but is not limited
14to, the development and distribution of voluntary guidelines for
15physical activity programs established pursuant to subparagraph
16(B) of paragraph (1) of subdivision (c) of Section 8482.3, that
17expand the learning opportunities of the schoolday.

18(B) The department shall distribute these voluntary guidelines
19for physical activity programs on or before July 1, 2009.

20(3) In accordance with Part B of Title IV of the federal No Child
21Left Behind Act of 2001 (Public Law 107-110), funding for
22programs that promote parent involvement and family literacy are
23an allowable use of these funds.

24(b) (1) At least 5 percent of the total amount appropriated
25pursuant to this article, after funds have been allocated pursuant
26to subdivision (a), shall be available for grants to provide equitable
27access and participation in community learning center programs,
28in an amount not to exceed twenty-five thousand dollars ($25,000)
29per site, per year, according to needs determined by the local
30community.

31(2) For purposes of paragraph (1), the department shall
32determine the requirements for eligibility for a grant, consistent
33with the following:

34(A) Consistent with the local partnership approach inherent in
35Article 22.5 (commencing with Section 8482), grants awarded
36under this subdivision shall provide supplemental assistance to
37programs. It is not intended that a grant fund the full anticipated
38costs of the services provided by a community learning center
39program.

P29   1(B) In determining the need for a grant pursuant to this
2subdivision, the department shall base its determination on a needs
3assessment and a determination that existing resources are not
4available to meet these needs, including, but not limited to, a
5description of how the needs, strengths, and resources of the
6community have been assessed, currently available resources, and
7the justification for additional resources for that purpose.

8(C) The department shall award grants for a specific purpose,
9as justified by the applicant.

10(3) To be eligible to receive a grant under this subdivision, the
11designated public agency representative for the applicant shall
12certify that an annual fiscal audit will be conducted and that
13adequate, accurate records will be kept. In addition, each applicant
14shall provide the department with the assurance that funds received
15under this subdivision are expended only for those services and
16supports for which they are granted. The department shall require
17grant recipients to submit annual budget reports, and the department
18may withhold funds in subsequent years if after school grant funds
19are expended for purposes other than as awarded.

20(4) The department shall require grant recipients to submit
21quarterly expenditure reports, and the department may withhold
22funds in subsequent years if access or literacy grant funds are
23expended for purposes other than as granted.

24(c) At least 50 percent of the total amount appropriated pursuant
25to this article, after funds have been allocated pursuant to
26subdivision (a), shall be allocated on a priority basis for after school
27grants to community learning centers serving high school pupils
28funded pursuant to Section 8421.

29(d) Grant awards under this section shall be restricted to those
30applications that propose primarily to serve pupils that attend
31schoolwide programs, as described in Title I of the federal No
32Child Left Behind Act ofbegin delete 2001end deletebegin insert 2001 (Public Law 107-110)end insert.
33Competitive priority shall be given to applications that propose to
34serve pupils in schools designated as being in need of improvement
35under subsection (b) of Section 6316 of Title 20 of the United
36States Code, and that are jointly submitted by school districts and
37community-based organizations.

38(e) (1) At least 40 percent of the total amount appropriated
39pursuant to this article, after funds have been allocated pursuant
40to subdivision (a), shall be allocated to programs serving
P30   1elementary and middle school pupils. The administrators of a
2program established pursuant to this article may operate during
3regular schooldays for a minimum of 15 hours per week and any
4combination of summer, intersession, or vacation periods for a
5minimum of three hours per day for the regular school year
6pursuant to Section 8483.7. Grantees administering comprehensive
7programs established pursuant to Section 8482.3 are also eligible
8for funding for summer, intersession, or vacation periods pursuant
9to this section.

10(2) After school and summer funding grants for programs
11serving middle and elementary school pupils shall be allocated
12according to the same funding provisions, and subject to the same
13reporting and accountability provisions, as described in Sections
148483.7 and 8483.75.

15(3) Priority shall be given to grant applications that will provide
16year-round expanded learning programming, including programs
17that complement existing funded programs. Year-round expanded
18learning programs are defined as any combination of an applicant
19that provides year-round programming, an applicant that offers
20summer programming to complement existing after school
21programs, or an applicant that offers after school programs to
22complement existing summer programs. The applicant is not
23required to be the same entity that operates the existing program.

24(4) (A) Funding for a grant shall be allocated in annual
25increments for a period not to exceed five years, subject to annual
26reporting and recertification as required by the department. The
27department shall establish a payment system to accommodate
28upfront payments. The department shall notify new grantees, whose
29grant awards are contingent upon the appropriation of funds for
30those grants, in writing no later than May 15 of each year in which
31new grants are awarded. A first-year grant award shall be made
32no later than 60 days after enactment of the annual Budget Act
33and any authorizing legislation. A grant award for the second and
34subsequent fiscal years shall be made no later than 30 days after
35enactment of the annual Budget Act and any authorizing legislation.
36The grantee shall notify the department in writing of its acceptance
37of the grant.

38(B) For the first year of a grant, the department shall allocate
3925 percent of the grant for that year no later than 30 days after the
40grantee accepts the grant. For the second and subsequent years of
P31   1the grant, the department shall allocate 25 percent of the grant for
2that year no later than 30 days after the annual Budget Act becomes
3effective. The grantee shall not use more than 15 percent of an
4annual grant award for administrative costs.

5(C) In addition to the funding allowed for administrative costs
6under subparagraph (B), up to 15 percent of the initial annual grant
7award for each after school grant recipient may be used for startup
8costs.

9(D) Under no circumstance shall funding made available
10pursuant to subparagraphs (B) and (C) result in an increase in the
11total funding of a grantee above the approved grant amount.

12(5) A grantee shall identify the federal, state, and local programs
13that will be combined or coordinated with the proposed program
14for the most effective use of public resources, and shall prepare a
15plan for continuing the program beyond federal grant funding.

16(6) A grantee shall submit semiannual attendance data and
17results to facilitate evaluation and compliance in accordance with
18provisions established by the department.

19(7) A program receiving a grant under this subdivision is not
20assured of grant renewal from future state or federal funding at
21the conclusion of the grant period. However, priority for funding
22pursuant to this subdivision shall be given to programs with
23expiring grants, if those programs have satisfactorily met projected
24pupil outcomes pursuant to subdivision (a) of Section 8484.

25(f) A total annual grant award for after school funding and grants
26for a site serving elementary or middle school pupils shall be fifty
27thousand dollars ($50,000) per year or more, consistent with federal
28requirements.

29(g) Notwithstanding any other law, and contingent upon the
30availability of funding, the department may adjust the after school
31 grant cap of any grantee based upon one or both of the following:

32(1) Amendments made to this section by Chapter 555 of the
33Statutes of 2005.

34(2) The demonstrated pupil attendance pattern of the grantee.
35The department may adjust grant awards pursuant to subparagraph
36(A) of paragraph (1) of subdivision (a) of Section 8483.7.

37(h) Funds received but unexpended under this article may be
38carried forward to subsequent years consistent with federal
39requirements. In year one, the full grant may be retained.

P32   1(i) If funds remain after all of the priority allocations required
2pursuant to subdivisions (a), (b), (c), and (e) have been made, the
3department may use that money to fund additional qualified grant
4applications under subdivision (c), in order to ensure that all federal
5funds received for these purposes are expended for these purposes.
6If funds remain after additional qualified grant applications are
7approved for funding pursuant to subdivision (c), the department
8may award the remaining funds for additional qualified grant
9applications pursuant to subdivisions (b) and (e).

10(j) In any fiscal year in which the total state appropriation for
11that fiscal year exceeds the total state appropriation for the 2008-09
12fiscal year after funds have been allocated pursuant to subdivision
13(a), the excess amount shall be allocated on a priority basis for
14after school grants to community learning centers funded pursuant
15to Section 8421 as follows:

16(1) Thirty-five percent to community learning centers serving
17high school pupils.

18(2) Fifty percent to community learning centers serving
19elementary and middle school pupils.

20(3) Fifteen percent to summer programs serving elementary and
21middle school pupils.

22(k) This article shall be operative only to the extent that federal
23funds are made available for the purposes of this article. It is the
24intent of the Legislature that this article not be considered a
25precedent for general fund augmentation of either the state
26administered, federally funded program of this article, or any other
27state funded before or after school program.

28

SEC. 21.  

Section 8484.85 is added to the Education Code, to
29read:

30

8484.85.  

The department shall develop, and submit in
31compliance with Section 9795 of the Government Code, a biennial
32report to the Legislature related to the pupils attending, and the
33program quality of, expanded learning programs. The report shall
34include data that is derived by matching the unique statewide pupil
35identifiers with data in the department’s data systems and may
36include, but is not limited to, aggregate reporting of all of the
37following information:

38(a) The number, geographical distribution, and type of sites and
39grantees participating in expanded learning programs.

40(b) Pupil program attendance and pupil schoolday attendance.

P33   1(c) Statewide test and assessment scores.

2(d) Pupil demographics and characteristics.

3(e) Pupil behavior changes and skill development.

4(f) The quality of the programs based on the department’s
5guidance on program quality standards developed pursuant to
6paragraph (4) of subdivision (a) of Section 8427.


CORRECTIONS:

Text--Page 28.




O

Corrected 4-2-14—See last page.     98