Amended in Assembly July 2, 2014

Amended in Senate May 27, 2014

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, 8482.3, 8482.55, 8482.8, 8483.3, 8483.7, 8483.75, 8483.76, 8484, 8484.1, 8484.7, and 8484.8 of, to add Sectionsbegin delete 8482.1, 8484.65, and 8484.85 to, end deletebegin insert 8482.1 and 8484.65 to,end insert and to repealbegin insert and addend insert 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 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 statewide pupil identifiers for participating pupils who are unduplicated pupils. The bill would require programs to submit evidence of a data-driven program quality improvement process that is based on the department’s guidance on program quality standards, as specified.

begin insert

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.

end insert

(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 or summer program, or both, 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 additional funding to be provided for transportation, as specified, if a program is operated at a schoolsite located in an area that has a population density of less than 11 persons per square mile.

(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.begin delete 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.end delete

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 previously received funding pursuant to
15Section 8421, for expansion of existing grants up to the per site
16maximum established under paragraph (1) of subdivision (a) of
17Section 8426, or to replace expiring grants that have satisfactorily
18met their projected attendance goals.

19(b) A program established pursuant to this article shall be
20planned through a collaborative process that includes parents,
21pupils, representatives of participating schools, governmental
22agencies, including city and county parks and recreation
23departments, community organizations, law enforcement, and, if
24appropriate, the private sector.

25(c) A program established pursuant to this article is not required
26to charge family fees or to conduct individual eligibility
27determinations based on need or income.

28(d) A program established pursuant to this article shall have the
29option of operating under either of the following modes:

30(1) After school only.

31(2) After school and during any combination of before school,
32weekends, summer, intersession, and vacation.

33

SEC. 4.  

Section 8423 of the Education Code is amended to
34read:

35

8423.  

(a) The department shall select grantees to participate
36in the 21st Century High School After School Safety and
37Enrichment for Teens program from among applicants that apply
38on forms and in a manner prescribed by the department. To the
39extent possible, the selection of applicants by the department shall
40result in an equitable distribution of grant awards to applicants in
P9    1northern, southern, and central California, and in urban, suburban,
2and rural areas of the state.

3(b) The department shall consider the following criteria in
4awarding grants:

5(1) Strength of the educational element and coordination with
6state academic standards, preparation for the high school exit
7examination, and other academic interventions.

8(2) Strength of the enrichment element.

9(3) Evidence of community collaboration, including
10demonstrated support of the principal and staff from participating
11schools.

12(4) A description of the manner in which programs will provide
13a safe physical and emotional environment and opportunities for
14relationship building, and promote active pupil engagement.

15(5) A description of the manner in which the program design
16will be periodically reexamined in order to maintain strong pupil
17interest.

18(6) A description of plans to attract pupils, particularly pupils
19considered at risk or in need of academic support, on a regular
20basis.

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

22(1) Completion of an assessment of pupils’ preferences for
23program activities.

24(2) Access to, and availability of, computers and technology.

25(3) Inclusion of a nutritional snack, meal, or both, and a physical
26activity element.

27(4) That the program will meet all of the evaluation
28requirements.

29(5) Fiscal accountability.

30(6) begin deleteEvidence end deletebegin insertCollection and use end insertof pupil social, behavioral, or
31skill development data collection to support quality program
32improvement processes. These pupil data outcomes may relate to
33specific social-emotional competencies, including, but not
34necessarily limited to, social skills, self-control, academic mindset,
35perseverance, conflict resolution, and school-connectedness.

36

SEC. 5.  

Section 8425 of the Education Code is amended to
37read:

38

8425.  

(a) The department shall implement this program only
39to the extent that federal funds are appropriated by the Legislature
40for purposes of the program. It is the intent of the Legislature that
P10   1available federal funds be appropriated annually for the program
2established pursuant to this article through the annual Budget Act.

3(b) The department may spend up to 3 percent of the funds
4appropriated for purposes of this article to provide training by
5qualified and experienced personnel, to convene regular meetings
6among grantees, and to ensure quality program implementation
7and sustainability, including unscheduled site visits.

8

SEC. 6.  

Section 8426 of the Education Code is amended to
9read:

10

8426.  

(a) (1) A grantee that establishes a program pursuant
11to this chapter is eligible to receive a five-year grant of up to two
12hundred fifty thousand dollars ($250,000) per year per site in a
13program, subject to semiannual attendance reporting. Funding for
14a grant shall be allocated in annual increments for a period of not
15more than five years, contingent upon the availability and
16appropriation of federal funds by the Legislature for those grants.

17(2) The department shall notify new grantees of their award
18status and dollar amount of the award, if any, in writing on or
19before May 15 of each year in which new grants are awarded. The
20grantee shall notify the department in writing of its acceptance of
21the grant.

22(3) A first-year grant award shall be made no later than 60 days
23after enactment of the annual Budget Act and any authorizing
24legislation. A grant award for the second and subsequent fiscal
25years shall be made no later than 30 days after enactment of the
26annual Budget Act and any authorizing legislation.

27(b) The department shall allocate 25 percent of the grant amount
28each year no later than 30 days after the grant award acceptance
29letter is received by the department.

30(c) (1) Not more than 15 percent of each annual grant amount
31may be used by a grantee for administrative costs. For purposes
32of this article, administrative costs shall include indirect costs.
33Indirect costs shall not exceed the lesser of the following:

34(A) The grantee’s indirect cost rate, as approved by the
35department for the appropriate fiscal year.

36(B) Five percent of the state program funding received pursuant
37to this article.

38(2) In addition to the funding allowed for administrative costs
39pursuant to paragraph (1), up to 15 percent of the first year’s annual
P11   1grant award for each after school grant recipient may be used for
2startup costs.

3(3) Funding made available pursuant to this subdivision shall
4not result in an increase in the total funding of a grantee above the
5approved grant amount.

6(d) Grantees are subject to semiannual attendance reporting
7during each year of the grant.

8(1) The department shall provide technical support for
9development of a program improvement plan for grantees under
10either of the following conditions:

11(A) If actual pupil attendance falls below 75 percent of the
12proposed levels in any year of the grant.

13(B) If the grantee fails, in any year of the grant, to demonstrate
14measurable outcomes pursuant to Section 8427.

15(2) If the actual pupil attendance falls below 75 percent of the
16proposed attendance level at the end of the second year of the
17grant, the department may reduce funding for the grantee.

18(3) The department shall adjust the grant level of any school in
19the program that is under its proposed attendance level by more
20than 15 percent in each of two consecutive years.

21(4) In any year, after the first grant-year period, that the actual
22attendance level of a school within the program falls below 75
23percent of the proposed attendance level, the department shall
24perform a review of the program and may adjust the grant level
25as the department deems appropriate.

26(e) Notwithstanding any other provision of this section or any
27other law, the department may at any time terminate the grant of
28a school in a public school program that fails in three consecutive
29years to meet either of the following requirements:

30(1) Demonstrate program outcomes pursuant to Section 8427.

31(2) Attain 75 percent of its proposed attendance levels after
32having its program reviews and grant level adjusted by the
33department.

34(f) The department shall create a process to allow a grantee to
35voluntarily lower its annual grant amount if one or more sites are
36unable to meet the proposed pupil attendance levels by the end of
37the second year of the grant.

38(g) (1) The administrator of a program may supplement, but
39not supplant, existing funding for after school programs with grant
40funds awarded pursuant to this article.

P12   1(2) In addition to administrative costs, a program participant
2may expend up to the greater of 6 percent of its state funding or
3seven thousand five hundred dollars ($7,500) to collect outcome
4data for evaluation and for reports to the department.

5(3) All state funding awarded to a program pursuant to this
6article that remains after subtracting the administrative costs,
7startup costs, and outcome data costs authorized by subdivisions
8(c) and (d) shall be allocated to the program site for direct services
9to pupils.

10(h) When determining grant award amounts after each grant
11year, the department may consider whether a program is operating
12consistent with the terms of its application, including whether the
13number of pupils served on a regular basis is consistent with the
14number estimated, and may consider the strength of any
15justifications or future plans offered by the program to address
16inconsistencies with the terms of the application. If the department
17finds that a program is not operating consistent with the terms of
18its application, the department may take appropriate action,
19including denying grant awards or reducing the level of grant
20funding.

21

SEC. 7.  

Section 8427 of the Education Code is amended to
22read:

23

8427.  

(a) A high school after school program established
24pursuant to this article shall submit to the department annual
25outcome-based data for evaluation.

26(1) To demonstrate program effectiveness, grantees shall submit,
27using the unique statewide pupil identifiers for participating pupils
28who are unduplicated pupils, both of the following:

29(A) Schoolday attendance on an annual basis.

30(B) Program attendance on a semiannual basis.

31(2) Programs shall submit evidence of a data-driven program
32quality improvement process that is based on the department’s
33guidance on program quality standards developed pursuant to
34paragraph (4).

35(3) The department may develop additional measures to
36demonstrate program effectiveness, including, but not limited to,
37program quality standards. Additions shall be developed in
38consultation with the advisory committee pursuant to Section
398484.9.

P13   1(4) Programs shall submit information to the department through
2the process used in subdivision (b) of Section 8421.5.

3(b) (1) If a program consistently fails to demonstrate measurable
4program outcomes for three consecutive years, the department
5may terminate the program pursuant to the process described in
6subdivision (e) of Section 8426. The department shall consider
7multiple outcomes and not rely on one outcome in isolation.

8(2) For purposes of this subdivision, “consistently fails to
9demonstrate measurable program outcomes” means failure to meet
10program effectiveness requirements pursuant to the criteria in
11paragraphs (1) and (2) of subdivision (a).

12(3) Measurable program outcomes may be demonstrated by,
13but are not limited to, the following methods:

14(A) Comparing pupils participating in the program to
15nonparticipating pupils at the same schoolsite.

16(B) Pupils participating in the program demonstrate
17improvement on one or more indicators collected by the program
18pursuant to this section.

19(c) The department shall identify or develop standardized
20procedures and tools to collect the indicators in paragraphs (1) and
21(2) of subdivision (a) in accordance with the recommendations
22made pursuant to paragraph (5) of subdivision (h) of Section
238484.9.

24

SEC. 8.  

Section 8428 of the Education Code is repealed.

25begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 8428 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
26

begin insert8428.end insert  

The department shall develop, and submit in compliance
27with Section 9795 of the Government Code, a biennial report to
28the Legislature related to the pupils attending, and the program
29quality of, expanded learning programs. The report shall include
30data that is derived by matching the unique statewide pupil
31identifiers with data in the department’s data systems. The report
32may also include, but is not necessarily limited to, aggregate
33reporting of all of the following information:

34(a) The number, geographical distribution, and type of sites
35and grantees participating in expanded learning programs.

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

37(c) Statewide test and assessment scores.

38(d) Pupil demographics and characteristics.

39(e) Pupil behavior changes and skill development.

P14   1(f) The quality of the programs, based on the department’s
2guidance on program quality standards developed pursuant to
3paragraph (3) of subdivision (a) of Section 8427.

end insert
4

begin deleteSEC. 9.end delete
5begin insertSEC. 10.end insert  

Section 8482.1 is added to the Education Code, to
6read:

7

8482.1.  

For purposes of this article, Article 19 (commencing
8with Section 8420), and Article 22.6 (commencing with Section
98484.7), the following definitions shall apply:

10(a) “Expanded learning” means before school, after school,
11summer, or intersession learning programs that focus on developing
12the academic, social, emotional, and physical needs and interests
13of pupils through hands-on, engaging learning experiences. It is
14the intent of the Legislature that expanded learning programs are
15pupil-centered, results driven, include community partners, and
16complement, but do not replicate, learning activities in the regular
17schoolday and school year.

18(b) “Summer grant” means funding to operate any program in
19excess of 180 regular schooldays or during any combination of
20summer, intersession, or vacation periods.

21

begin deleteSEC. 10.end delete
22begin insertSEC. 11.end insert  

Section 8482.3 of the Education Code is amended to
23read:

24

8482.3.  

(a) The After School Education and Safety Program
25shall be established to serve pupils in kindergarten and grades 1
26to 9, inclusive, at participating public elementary, middle, junior
27high, and charter schools.

28(b) A program may operate a before school component of a
29program, an after school component, or both the before and after
30school components of a program, on one or multiple schoolsites.
31If a program operates at multiple schoolsites, only one application
32shall be required for its establishment.

33(c) (1) Each component of a program established pursuant to
34this article shall consist of the following two elements:

35(A) An educational and literacy element in which tutoring or
36homework assistance is provided in one or more of the following
37areas: language arts, mathematics, history and social science,
38computer training, or science.

P15   1(B) An educational enrichmentbegin delete element,end deletebegin insert elementend insert that may
2include, but need not be limited to, fine arts, career technical
3education, recreation, physical fitness, and prevention activities.

4(2) Notwithstanding any other provision of this article, the
5majority of the time spent by a pupil who is in kindergarten or any
6of grades 1 to 9, inclusive, and who is participating in a career
7technical education element of a program established pursuant to
8this article shall be at a site that complies with Section 8484.6.

9(d) (1) Applicants shall agree that snacks made available
10through a program shall conform to the nutrition standards in
11Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
1227 of Division 4 of Title 2.

13(2) Applicants shall agree that meals made available through a
14program shall conform to the nutrition standards of the United
15States Department of Agriculture’s at-risk afterschool meal
16component of the Child and Adult Care Food Program (42 U.S.C.
17Sec. 1766).

18(e) Applicants for programs established pursuant to this article
19may include any of the following:

20(1) A local educational agency, including, but not limited to, a
21charter school, the California School for the Deaf (northern
22California), the California School for the Deaf (southern
23California), and the California School for the Blind.

24(2) A city, county, or nonprofit organization in partnership with,
25and with the approval of, a local educational agency or agencies.

26(f) Applicants for grants pursuant to this article shall ensure that
27each of the following requirements is fulfilled, if applicable:

28(1) The application documents the commitments of each partner
29to operate a program on that site or sites.

30(2) The application has been approved by the school district, or
31the charter school governing body, and the principal of each
32participating school for each schoolsite or other site.

33(3) Each partner in the application agrees to share responsibility
34for the quality of the program.

35(4) The application designates the public agency or local
36 educational agency partner to act as the fiscal agent. For purposes
37of this section, “public agency” means only a county board of
38supervisors or if the city is incorporated or has a charter, a city
39council.

P16   1(5) Applicants agree to follow all fiscal reporting and auditing
2standards required by the department.

3(6) Applicants agree to incorporate into the program both of the
4elements required pursuant to subdivision (c).

5(7) Applicants agree to provide information to the department
6for the purpose of program evaluation pursuant to Section 8483.55.

7(8) Applicants shall certify that program evaluations will be
8based upon Section 8484 and upon any requirements recommended
9by the Advisory Committee on Before and After School Programs
10and adopted by the state board, in compliance with subdivision
11(g) of Section 8482.4.

12(9) The application states the targeted number of pupils to be
13served by the program.

14(10) Applicants agree to provide the following information on
15participating pupils to the department:

16(A) Schoolday attendance rates.

17(B) Program attendance.

18(g) (1) Grantees shall review their after school program plans
19every three years, including, but not limited to, all of the following:

20(A) Program goals. A grantee may specify any new program
21goals that will apply to the following three years during the grant
22renewal process.

23(B) Program content, including the elements identified in
24subdivision (c).

25(C) Outcome measures selected from those identified in
26subdivision (a) of Section 8484 that the grantee will use for the
27next three years.

28(D) Any other information requested by the department.

29(E) If the program goals or outcome measures change as a result
30of this review, the grantee shall notify the department in a manner
31prescribed by the department.

32(F) The grantee shall maintain documentation of the after school
33program plan for a minimum of five years.

34(2) The department shall monitor this review as part of its onsite
35monitoring process.

36

begin deleteSEC. 11.end delete
37begin insertSEC. 12.end insert  

Section 8482.55 of the Education Code is amended
38to read:

39

8482.55.  

(a) To accomplish the purposes of the After School
40Education and Safety Program, commencing with the fiscal year
P17   1beginning July 1, 2004, and for each fiscal year thereafter, all
2grants made pursuant to this article shall be awarded as set forth
3in this section.

4(b) (1) Grants made to public schools pursuant to this article
5for the 2005-06 fiscal year shall continue to be funded in each
6subsequent fiscal year at the 2005-06 fiscal year level, after the
7adjustments provided in paragraphs (1) and (2) of subdivision (a)
8of Section 8483.7 and paragraphs (1) and (2) of subdivision (a) of
9Section 8483.75 have been made, before any other grants are
10funded under this article, provided those schools continue to make
11application for the grants and are otherwise qualified pursuant to
12this article. Receipt of a grant at the 2005-06 fiscal year level made
13pursuant to this subdivision shall not affect a school’s eligibility
14for additional grant funding as permitted in subdivisions (c) and
15(d) up to the maximum grants permitted in Sections 8483.7 and
168483.75.

17(2) (A) An elementary or middle school program grantee funded
18pursuant to Section 8484.8 shall apply to receive a new grant under
19this article in the 2006-07 fiscal year. These programs shall receive
20priority for funding before any new grant is funded pursuant to
21this article if the program is otherwise qualified pursuant to this
22article. Notwithstanding the maximum grant amounts permitted
23in Sections 8483.7 and 8483.75, the grantee shall receive the same
24amount of grant funding that it was awarded pursuant to Section
258484.8 in the fiscal year before the year for which the grantee
26 requests funding pursuant to this article. The grantee shall apply
27to the department, and elect to receive funding under this article,
28on or before a date established by the department that is before the
29date by which the department awards new grants pursuant to this
30article.

31(B) Grantees funded pursuant to Section 8484.8 in the 2005-06
32fiscal year may elect to receive funding pursuant to this article
33after the 2006-07 fiscal year and shall be funded under the
34conditions outlined in subparagraph (A), if funds are available.

35(c) Each public elementary, middle, and junior high school in
36the state shall be eligible to receive a three-year renewable after
37school grant for after school programs to be operated during the
38regular school year, as provided in subparagraph (A) of paragraph
39(1) of subdivision (a) of Section 8483.7. In the case of schools
40serving a combination of elementary, middle, and junior high
P18   1school pupils, the applicant may apply for a grant with funding
2based on the middle school grant maximum. The program shall
3comply with the elementary program and attendance requirements
4for pupils in the elementary grades. For purposes of this article, a
5school serving a combination of middle and junior high school
6and high school pupils shall be eligible to apply for a grant to serve
7pupils through grade 9. Except as provided in this subdivision,
8grants for after school programs made pursuant to this subdivision
9shall be subject to all other sections of this article. Grants for after
10school programs made pursuant to this subdivision shall not exceed
11one hundred twelve thousand five hundred dollars ($112,500) for
12each regular school year for each elementary school or one hundred
13fifty thousand dollars ($150,000) for each regular school year for
14each middle or junior high school. Except as provided in
15subdivision (f) of this section and subdivision (a) of Section 8482.5,
16each public elementary, middle, and junior high school in the state
17shall have equal priority of funding for grants for after school
18programs made pursuant to this subdivision. Receipt of a grant for
19 an after school program made pursuant to this subdivision shall
20not affect a school’s eligibility for additional grant funding as
21permitted in subdivision (d) up to the maximum grants permitted
22in Sections 8483.7 and 8483.75. Grants made pursuant to this
23subdivision shall be funded after grants made pursuant to
24subdivision (b) and before any grants made pursuant to subdivision
25(d). Grants made pursuant to this subdivision shall be referred to
26as “After School Education and Safety Universal Grants.”

27(d) All funds remaining from the appropriation provided in
28Section 8483.5 after award of grants pursuant to subdivisions (b)
29and (c) shall be distributed pursuant to Sections 8483.7 and
308483.75. Grants for programs made pursuant to this subdivision
31shall be subject to all other sections of this article. Priority for
32grants for programs made pursuant to this subdivision shall be
33established pursuant to subdivision (a) of Section 8482.5 and
34Section 8483.3.

35(e) With the exception of schools previously funded under both
36this article and Section 8484.8, a school shall not receive grants
37in excess of the amounts provided in Sections 8483.7 and 8483.75.

38(f) If in any fiscal year the appropriation made pursuant to
39Section 8483.5 is insufficient to fund all eligible schools who
40submit an eligible application for After School Education and
P19   1Safety Universal Grants pursuant to subdivision (c), priority for
2After School Education and Safety Universal Grants shall be
3established pursuant to subdivision (a) of Sections 8482.5 and
48483.3.

5

begin deleteSEC. 12.end delete
6begin insertSEC. 13.end insert  

Section 8482.8 of the Education Code is amended to
7read:

8

8482.8.  

(a) If there is a significant barrier to pupil participation
9in a program established pursuant to this article at the school of
10attendance for either the before school or the after school
11component, an applicant may request approval from the
12Superintendent, before or during the grant application process, to
13provide services at another schoolsite for that component. An
14applicant that requests approval shall describe the manner in which
15the applicant intends to provide safe, supervised transportation
16between schoolsites; ensure communication among teachers in the
17regular school program, staff in the before school and after school
18components of the program, and parents of pupils; and coordinate
19the educational and literacy component of the before and after
20school components of the program with the regular school
21programs of participating pupils.

22(b) For purposes of this article, a significant barrier to pupil
23participation in the before school or the after school component
24of a program established pursuant to this chapter means either of
25the following:

26(1) Fewer than 20 pupils participating in the component of the
27program.

28(2) Extreme transportation constraints, including, but not limited
29to, desegregation bussing, bussing for magnet or open enrollment
30schools, or pupil dependence on public transportation.

31(c) In addition to the authority to transfer funds among school
32programs pursuant to Sections 8483.7 and 8483.75, and in addition
33to the flexibility provided by subdivisions (a) and (b), a program
34grantee that is temporarily prevented from operating a program
35established pursuant to this article at the program site due to natural
36disaster, civil unrest, or imminent danger to pupils or staff may
37shift program funds to the sites of other programs established
38pursuant to this article to meet attendance targets during that time
39period.

P20   1(d) If a program grantee is temporarily prevented from operating
2its entire program due to natural disaster, civil unrest, or imminent
3danger to pupils or staff, the department may recommend, and the
4state board may approve, a request by the grantee for payment
5equal to the amount of funding the grantee would have received
6if it had been able to operate its entire program during that time
7period.

8(e) Upon the request of a program grantee, the state board may
9approve other unforeseen events as qualifying a program grantee
10to use the authority provided by subdivisions (c) and (d).

11

begin deleteSEC. 13.end delete
12begin insertSEC. 14.end insert  

Section 8483.3 of the Education Code, as amended
13by Section 3 of Chapter 706 of the Statutes of 2013, is amended
14to read:

15

8483.3.  

(a) The department shall select applicants to participate
16in the program established pursuant to this article from among
17applicants that apply on forms and in a manner prescribed by the
18department. It is the intent of the Legislature that the manner
19prescribed by the department, to the extent possible, allow for short
20and concise applicant responses. To the extent possible, the
21selection of applicants by the department shall result in an equitable
22distribution of grant awards pursuant to Section 8483.7 to
23applicants in northern, southern, and central California, and in
24urban, suburban, and rural areas of California.

25(b) The department shall consider the following in selecting
26schools to participate in the program established pursuant to this
27article:

28(1) Percentage of pupils eligible for free and reduced-price
29lunch.

30(2) Other indicators of need for the program, including, but not
31limited to, socioeconomic status of the neighborhoods in which
32participating pupils reside, the percentage of English language
33learners at the school, and the availability of programs in the
34community in which participating pupils reside.

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

36(1) Inclusion of an educational element.

37(2) Inclusion of an enrichment element. These opportunities
38may include arts, career technical education, recreation, technology,
39and other activities to support positive youth development.

P21   1(3) That the program will provide a safe physical and emotional
2environment, opportunities for relationship building, and promote
3active pupil engagement.

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

5(5) Integration with the regular schoolday and other expanded
6learning opportunities.

7(6) Community collaboration, including, but not limited to,
8demonstrated support of the schoolsite principal and staff.

9(7) Opportunities for physical activity.

10(8) Inclusion of a nutritional snack, meal, or both.

11(9) Fiscal accountability.

12(10) Availability of required local matching funds.

13(11) That the program will meet all of the evaluation
14requirements.

15(12) begin deleteEvidence end deletebegin insertCollection and use end insertof pupil social, behavioral,
16or skill development data collection to support quality program
17improvement processes. These pupil data outcomes may relate to
18specific social-emotional competencies, including, but not
19necessarily limited to, social skills, self-control, academic mindset,
20perseverance, conflict resolution, and school-connectedness.

21(d) Subdivision (b) does not apply to an applicant school that
22meets the priority criteria described in subdivision (a) of Section
238482.5.

24

begin deleteSEC. 14.end delete
25begin insertSEC. 15.end insert  

Section 8483.7 of the Education Code is amended to
26read:

27

8483.7.  

(a) (1) (A) Each school that establishes a program
28pursuant to this article is eligible to receive a three-year after school
29grant, that shall be awarded in three one-year increments and is
30subject to semiannual attendance reporting and requirements as
31described in Section 8482.3 once every three years.

32(i) The department shall provide technical support for
33development of a program improvement plan for grantees under
34the following conditions:

35(I) If actual pupil attendance falls below 75 percent of the target
36attendance level in any year of the grant.

37(II) If the grantee fails, in any year of the grant, to demonstrate
38measurable outcomes pursuant to Section 8484.

P22   1(ii) The department shall adjust the grant level of any school
2within the program that is under its targeted attendance level by
3more than 15 percent in each of two consecutive years.

4(iii) In any year after the initial grant year, if the actual
5attendance level of a school within the program falls below 75
6percent of the target attendance level, the department shall perform
7a review of the program and adjust the grant level as the department
8deems appropriate.

9(iv) The department shall create a process to allow a grantee to
10voluntarily lower its annual grant amount if one or more sites are
11unable to meet the proposed pupil attendance levels by the end of
12the second year of the grant.

13(v) A grantee who has had its grant amount reduced may
14subsequently request an increase in funding up to the maximum
15grant amounts provided under this subdivision.

16(vi) The department may terminate the grant of any site or
17program that does not comply with fiscal reporting, attendance
18reporting, or outcomes reporting requirements established by the
19department and pursuant to Section 8484. The department may
20withhold the grant allocation for a program or site if the prior grant
21year’s fiscal or attendance reporting remains outstanding, until the
22reports have been filed with the department.

23(vii) Notwithstanding any other provision of this subdivision
24or any other law, after the technical assistance required under
25clause (i) has been provided, the department may at any time
26terminate the grant of a school in a program that fails for three
27consecutive years to meet either of the following requirements:

28(I) Demonstrate measurable program outcomes pursuant to
29Section 8484.

30(II) Attain 75 percent of its proposed attendance level after
31having had its program reviewed and grant level adjusted by the
32department.

33(B) After school grants may be awarded to applicants that have
34demonstrated readiness to begin operation of a program or to
35expand existing programs.

36(C) The maximum total after school grant amount awarded
37annually pursuant to this paragraph shall be one hundred twelve
38thousand five hundred dollars ($112,500) for each regular school
39year for each elementary school and one hundred fifty thousand
40dollars ($150,000) for each regular school year for each middle or
P23   1 junior high school. The Superintendent shall determine the total
2annual after school grant amount for which a site is eligible based
3on a formula of seven dollars and fifty cents ($7.50) per pupil per
4day of pupil attendance that the program plans to serve, with a
5maximum total grant of thirty-seven dollars and fifty cents ($37.50)
6per projected pupil per week, and a formula of seven dollars and
7fifty cents ($7.50) per projected pupil per day of staff development,
8with a maximum of three staff development days per year. A
9program may provide the three days of staff development during
10regular program hours using funds from the total grant award.

11(2) For large schools, the maximum total grant amounts
12described in paragraph (1) may be increased based on the following
13formulas, up to a maximum amount of twice the respective limits
14specified in paragraph (1):

15(A) For elementary schools, multiply one hundred thirteen
16dollars ($113) by the number of pupils enrolled at the schoolsite
17for the normal schoolday program that exceeds 600.

18(B) For middle schools, multiply one hundred thirteen dollars
19($113) by the number of pupils enrolled at the schoolsite for the
20normal schoolday program that exceeds 900.

21(3) The maximum total grant amounts set forth in subparagraph
22(C) of paragraph (1) may be increased from any funds made
23available for this purpose in the annual Budget Act for participating
24schools that have pupils on waiting lists for the program. Grants
25may be increased by the lesser of an amount that is either 25
26percent of the current maximum total grant amount or equal to the
27proportion of pupils unserved by the program as measured by
28documented waiting lists as of January 1 of the previous grant
29year, compared to the actual after school enrollment on the same
30date. The amount of the required cash or in-kind matching funds
31shall be increased accordingly. First priority for an increased
32maximum grant pursuant to this paragraph shall be given to schools
33that qualify for funding pursuant to subdivision (b) of Section
348482.55. Second priority shall be given to schools that receive
35funding priority pursuant to subdivision (f) of Section 8482.55.

36(4) The minimum total after school grant amount for each
37schoolsite that may be awarded pursuant to this section shall be
38computed by multiplying the applicable rate per pupil per day of
39pupil attendance by 20 pupils being served for 180 regular
40schooldays.

P24   1(5) A school that establishes a program pursuant to this section
2is eligible to receive a summer grant to operate the program in
3excess of 180 regular schooldays or during any combination of
4summer, intersession, or vacation periods for a maximum of the
5lesser of the following amounts:

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

7(B) Thirty percent of the total grant amount awarded to the
8school per school year pursuant to subparagraph (C) of paragraph
9(1).

10(C) Notwithstanding subparagraphs (A) and (B), the maximum
11total summer grant that may be awarded annually pursuant to this
12paragraph shall be thirty-three thousand seven hundred fifty dollars
13 ($33,750) for each regular school year for each elementary school
14and forty-five thousand dollars ($45,000) for each regular school
15year for each middle or junior high school.

16(6) Additional funding may be made available for transportation
17in programs that meet the requirements of Section 8484.65, in an
18amount not to exceed fifteen thousand dollars ($15,000) per site,
19per school year, as funds are available, in accordance with the local
20community after school program needs as determined by the
21department. Programs shall submit to the department for
22consideration evidence of the need for after school transportation
23funds specific to after school programs pursuant to this article.
24Funding under this paragraph may be used to supplement, but not
25supplant, local transportation services.

26(7) Each program shall provide an amount of cash or in-kind
27local funds equal to not less than one-third of the total grant from
28the school district, governmental agencies, community
29organizations, or the private sector. Facilities or space usage may
30fulfill not more than 25 percent of the required local contribution.

31(8) (A) A grantee may allocate, with departmental approval,
32up to 125 percent of the maximum total grant amount for an
33individual school, so long as the maximum total grant amount for
34all school programs administered by the program grantee is not
35exceeded.

36(B) A program grantee that transfers funds for purposes of
37administering a program pursuant to subparagraph (A) shall have
38an established waiting list for enrollment, and may transfer only
39from another school program that has met a minimum of 70 percent
40of its attendance goal.

P25   1(b) The administrator of a program established pursuant to this
2article may supplement, but not supplant, existing funding for after
3school programs with grant funds awarded pursuant to this article.
4State categorical funds for remedial education activities shall not
5be used to make the required contribution of local funds for those
6after school programs.

7(c) Up to 15 percent of the initial year’s grant amount for each
8grant recipient may be used for startup costs. Under no
9circumstance shall funding for startup costs result in an increase
10in the grant recipient’s total funding above the approved grant
11amount.

12(d) For each year of the grant, the department shall award the
13total grant amount for that year not later than 30 days after the date
14the grantee accepts the grant.

15(e) The department may adjust the amount of a direct grant,
16awarded to a new applicant pursuant to this section, on the basis
17of the program start date, as determined by the department.

18

begin deleteSEC. 15.end delete
19begin insertSEC. 16.end insert  

Section 8483.75 of the Education Code is amended
20to read:

21

8483.75.  

(a) (1) (A) Each school that establishes a before
22school program component pursuant to Section 8483.1 is eligible
23to receive a three-year renewable after school grant, that shall be
24awarded in three one-year increments and is subject to semiannual
25attendance reporting and renewal as required by the department.
26Before school programs established pursuant to this section shall
27be subject to the same reporting and accountability provisions
28described in subparagraph (A) of paragraph (1) of subdivision (a)
29of Section 8483.7.

30(B) The maximum total grant amount awarded annually pursuant
31to this paragraph shall be thirty-seven thousand five hundred dollars
32($37,500) for each regular school year for each elementary school
33and forty-nine thousand dollars ($49,000) for each regular school
34year for each middle or junior high school.

35(C) The Superintendent shall determine the total annual after
36school grant amount for which a site is eligible based on a formula
37of five dollars ($5) per pupil per day that the program plans to
38serve, with a maximum total grant of twenty-five dollars ($25) per
39projected pupil per week.

P26   1(2) For large schools, the maximum total grant amounts
2described in paragraph (1) may be increased based on the following
3formulas, up to a maximum amount of twice the respective limits
4specified in paragraph (1):

5(A) For elementary schools, multiply seventy-five dollars ($75)
6by the number of pupils enrolled at the schoolsite for the normal
7schoolday program that exceeds 600.

8(B) For middle schools, multiply seventy-five dollars ($75) by
9the number of pupils enrolled at the schoolsite for the normal
10schoolday program that exceeds 900.

11(3) A school that establishes a program pursuant to this section
12is eligible to receive a summer grant to operate the program in
13excess of 180 regular schooldays during any combination of
14summer, intersession, or vacation periods for a maximum of 30
15percent of the total grant amount awarded to the school per school
16year under this subdivision.

17(4) Each program shall provide an amount of cash or in-kind
18local funds equal to not less than one-third of the total grant from
19the school district, governmental agencies, community
20organizations, or the private sector. Facilities or space usage may
21fulfill not more than 25 percent of the required local contribution.

22(5) (A) The department may award up to 125 percent of the
23maximum total grant amount for an individual school, so long as
24the maximum total grant amount for all school programs
25administered by the program grantee is not exceeded.

26(B) A program grantee that is awarded funds pursuant to
27subparagraph (A) shall have an established waiting list for
28enrollment, and may receive funds only from another school
29program that has met a minimum of 70 percent of its attendance
30goal.

31(b) The administrator of a program established pursuant to this
32article may supplement, but not supplant, existing funding for
33before school programs with grant funds awarded pursuant to this
34article. State categorical funds for remedial education activities
35shall not be used to make the required contribution of local funds
36for those before school programs.

37(c) Up to 15 percent of the initial year’s grant amount for each
38grant recipient may be used for startup costs. Under no
39circumstance shall funding for startup costs result in an increase
P27   1in the grant recipient’s total funding above the approved grant
2amount.

3(d) For each year of the grant, the department shall award the
4total grant amount for that year not later than 30 days after the date
5the grantee accepts the grant.

6

begin deleteSEC. 16.end delete
7begin insertSEC. 17.end insert  

Section 8483.76 of the Education Code is amended
8to read:

9

8483.76.  

(a) A school that establishes a program pursuant to
10Section 8483.7 or 8483.75 is eligible to receive a summer grant
11to operate the program in excess of 180 regular schooldays or
12during any combination of summer, weekends, intersession, or
13vacation periods for a maximum of either 30 percent of the total
14grant amount awarded, per school year, to the school, or thirty-three
15thousand seven hundred fifty dollars ($33,750) for each regular
16school year for each elementary school and forty-five thousand
17dollars ($45,000) for each regular school year for each middle or
18junior high school.

19(b) An existing after school summer grantee may operate a
20three-hour or a six-hour per day program. If the grantee operates
21a six-hour per day program, the target attendance level for the
22purpose of grant reductions pursuant to subparagraph (A) of
23paragraph (1) of subdivision (a) of Section 8483.7 shall be
24computed as if the grant award were based upon the lesser of fifteen
25dollars ($15) per day of pupil attendance or 30 percent of the total
26grant awarded to the school per school year.

27(c) A summer grantee that operates a program pursuant to this
28section may change the location of the program to address the
29needs of pupils and school closures. The program may be
30conducted at an offsite location or at an alternate schoolsite. The
31summer grantee shall give notice to the department of the change
32of location and shall include a plan to provide safe transportation
33pursuant to Section 8484.6.

34(d) A summer grantee that operates a program pursuant to this
35section may open eligibility to every pupil attending a school in
36the school district. Priority for enrollment shall be given to the
37pupils enrolled in the school that receives the grant.

38(e) A summer grantee operating a six-hour per day program
39shall provide for each needy pupil at least one nutritionally
40adequate free or reduced-price meal during each program day.

P28   1(f) A summer grantee that operates a six-hour per day program
2is required to submit, for prior approval by the department, a
3revised program plan that includes all of the following:

4(1) A plan for provision of the free or reduced-price meal
5required by subdivision (e).

6(2) An attendance and early release policy for the program that
7is consistent with the local educational agency’s early release
8policy for the regular schoolday.

9

begin deleteSEC. 17.end delete
10begin insertSEC. 18.end insert  

Section 8484 of the Education Code is amended to
11read:

12

8484.  

(a) As required by the department, programs established
13pursuant to this article shall submit annual outcome-based data for
14evaluation. The department may consider these outcomes when
15determining eligibility for grant renewal.

16(1) To demonstrate program effectiveness, grantees shall submit,
17using the unique statewide pupil identifiers, for participating pupils
18who are unduplicated pupils, both of the following:

19(A) Schoolday attendance on an annual basis.

20(B) Program attendance on a semiannual basis.

21(2) Programs shall submit evidence of a data-driven program
22quality improvement process that is based on the department’s
23guidance on program quality standards developed pursuant to
24paragraph (3).

25(3) The department may develop additional measures for this
26subdivision including, but not limited to, program quality standards.
27Additions shall be developed in consultation with the evaluation
28committee of the advisory committee.

29(4) Programs shall submit information adopted through the
30process outlined in subdivision (c).

31(b) (1) If a program consistently fails to demonstrate measurable
32program outcomes for three consecutive years, the department
33may terminate the program as described in subdivision (a) of
34Section 8483.7. The department shall consider multiple outcomes
35and not rely on one outcome in isolation.

36(2) For purposes of this section, “consistently fails to
37 demonstrate measurable program outcomes” means failure to meet
38program effectiveness requirements pursuant to the criteria in
39paragraphs (1) and (2) of subdivision (a).

P29   1(3) Measurable program outcomes may be demonstrated by,
2but are not limited to, comparing pupils participating in the
3program to nonparticipating pupils at the same schoolsite.

4(c) The department shall develop standardized procedures and
5tools to collect the indicators in paragraphs (1) and (2) of
6subdivision (a). The department shall consult with the evaluation
7committee of the Advisory Committee on Before and After School
8Programs pursuant to Section 8484.9.

9

begin deleteSEC. 18.end delete
10begin insertSEC. 19.end insert  

Section 8484.1 of the Education Code is amended to
11read:

12

8484.1.  

To the extent consistent with federal and state privacy
13laws, local educational agency grantees funded pursuant to this
14article and Article 22.6 (commencing with Section 8484.7) may
15submit the following pupil data to an operator of an after school
16program or summer program, or both, with which the local
17educational agency has a contract:

18(a) Schoolday attendance data.

19(b) Statewide test and assessment scores.

20(c) High school exit examination scores.

21(d) English language development test placement or
22reclassification scores.

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

24(f) Pupil engagement and behavioral data.

25(g) Other academic measures, including grades and course
26completion.

27

begin deleteSEC. 19.end delete
28begin insertSEC. 20.end insert  

Section 8484.65 is added to the Education Code, 29immediately following Section 8484.6, to read:

30

8484.65.  

If a program is operated at a schoolsite located in an
31area that has a population density of less than 11 persons per square
32mile, additional funding may be provided for transportation
33pursuant to Section 8483.7.

34

begin deleteSEC. 20.end delete
35begin insertSEC. 21.end insert  

Section 8484.7 of the Education Code is amended to
36read:

37

8484.7.  

It is the intent of the Legislature that the 21st Century
38Community Learning Centers program contained within the federal
39No Child Left Behind Act of 2001 (Public Law 107-110)
40complement the After School Education and Safety Program
P30   1established by Article 22.5 (commencing with Section 8482) to
2provide year-round opportunities for expanded learning, as defined
3in Section 8482.1, and to support the local flexibility needed to
4implement federal 21st Century Community Learning Centers
5programs through after school grants as specified in this article.

6

begin deleteSEC. 21.end delete
7begin insertSEC. 22.end insert  

Section 8484.8 of the Education Code is amended to
8read:

9

8484.8.  

In accordance with Part B of Title IV of the federal
10No Child Left Behind Act of 2001 (Public Law 107-110), funds
11appropriated in Item 6110-197-0890 of Section 2.00 of the Budget
12Act of 2002 are available for expenditure as follows, with any
13subsequent allocations for these purposes to be determined in the
14annual Budget Act:

15(a) Beginning with the 2006-07 fiscal year, 5 percent of the
16federal funds appropriated through this article shall be available
17to the department for purposes of providing technical assistance,
18evaluation, and training services, and for contracting for local
19technical assistance, for carrying out programs related to 21st
20Century Community Learning Centers programs.

21(1) The department shall provide directly, or contract for,
22technical assistance for new programs and any program that is not
23meeting attendance or performance goals, or both, and requests
24that assistance.

25(2) (A) Training and support shall include, but is not limited
26to, the development and distribution of voluntary guidelines for
27physical activity programs established pursuant to subparagraph
28(B) of paragraph (1) of subdivision (c) of Section 8482.3, that
29expand the learning opportunities of the schoolday.

30(B) The department shall distribute these voluntary guidelines
31for physical activity programs on or before July 1, 2009.

32(3) In accordance with Part B of Title IV of the federal No Child
33Left Behind Act of 2001 (Public Law 107-110), funding for
34programs that promote parent involvement and family literacy are
35an allowable use of these funds.

36(b) (1) At least 5 percent of the total amount appropriated
37pursuant to this article, after funds have been allocated pursuant
38to subdivision (a), shall be available for grants to provide equitable
39access and participation in community learning center programs,
40in an amount not to exceed twenty-five thousand dollars ($25,000)
P31   1per site, per year, according to needs determined by the local
2community.

3(2) For purposes of paragraph (1), the department shall
4determine the requirements for eligibility for a grant, consistent
5with the following:

6(A) Consistent with the local partnership approach inherent in
7Article 22.5 (commencing with Section 8482), grants awarded
8under this subdivision shall provide supplemental assistance to
9programs. It is not intended that a grant fund the full anticipated
10costs of the services provided by a community learning center
11program.

12(B) In determining the need for a grant pursuant to this
13subdivision, the department shall base its determination on a needs
14assessment and a determination that existing resources are not
15available to meet these needs, including, but not limited to, a
16description of how the needs, strengths, and resources of the
17community have been assessed, currently available resources, and
18the justification for additional resources for that purpose.

19(C) The department shall award grants for a specific purpose,
20as justified by the applicant.

21(3) To be eligible to receive a grant under this subdivision, the
22designated public agency representative for the applicant shall
23certify that an annual fiscal audit will be conducted and that
24adequate, accurate records will be kept. In addition, each applicant
25shall provide the department with the assurance that funds received
26under this subdivision are expended only for those services and
27supports for which they are granted. The department shall require
28grant recipients to submit annual budget reports, and the department
29may withhold funds in subsequent years if after school grant funds
30are expended for purposes other than as awarded.

31(4) The department shall require grant recipients to submit
32quarterly expenditure reports, and the department may withhold
33funds in subsequent years if access or literacy grant funds are
34expended for purposes other than as granted.

35(c) At least 50 percent of the total amount appropriated pursuant
36to this article, after funds have been allocated pursuant to
37subdivision (a), shall be allocated on a priority basis for after school
38grants to community learning centers serving high school pupils
39funded pursuant to Section 8421.

P32   1(d) Grant awards under this section shall be restricted to those
2applications that propose primarily to serve pupils that attend
3schoolwide programs, as described in Title I of the federal No
4Child Left Behind Act of 2001 (Public Law 107-110). Competitive
5 priority shall be given to applications that propose to serve pupils
6in schools designated as being in need of improvement under
7subsection (b) of Section 6316 of Title 20 of the United States
8Code, and that are jointly submitted by school districts and
9community-based organizations.

10(e) (1) At least 40 percent of the total amount appropriated
11pursuant to this article, after funds have been allocated pursuant
12to subdivision (a), shall be allocated to programs serving
13elementary and middle school pupils. The administrators of a
14program established pursuant to this article may operate during
15regular schooldays for a minimum of 15 hours per week and any
16combination of summer, intersession, or vacation periods for a
17minimum of three hours per day for the regular school year
18pursuant to Section 8483.7. Grantees administering comprehensive
19programs established pursuant to Section 8482.3 are also eligible
20for funding for summer, intersession, or vacation periods pursuant
21to this section.

22(2) After school and summer funding grants for programs
23serving middle and elementary school pupils shall be allocated
24according to the same funding provisions, and subject to the same
25reporting and accountability provisions, as described in Sections
268483.7 and 8483.75.

27(3) Priority shall be given to grant applications that will provide
28year-round expanded learning programming, including programs
29that complement existing funded programs. Year-round expanded
30learning programs are defined as any combination of an applicant
31that provides year-round programming, an applicant that offers
32summer programming to complement existing after school
33programs, or an applicant that offers after school programs to
34complement existing summer programs. The applicant is not
35required to be the same entity that operates the existing programbegin insert,
36but shall identify the grantee with whom the applicant is
37coordinating for the purpose of providing year-round
38programmingend insert
.

39(4) (A) Funding for a grant shall be allocated in annual
40increments for a period not to exceed five years, subject to annual
P33   1reporting and recertification as required by the department. The
2department shall establish a payment system to accommodate
3upfront payments. The department shall notify new grantees, whose
4grant awards are contingent upon the appropriation of funds for
5those grants, in writing no later than May 15 of each year in which
6new grants are awarded. A first-year grant award shall be made
7no later than 60 days after enactment of the annual Budget Act
8and any authorizing legislation. A grant award for the second and
9subsequent fiscal years shall be made no later than 30 days after
10enactment of the annual Budget Act and any authorizing legislation.
11The grantee shall notify the department in writing of its acceptance
12of the grant.

13(B) For the first year of a grant, the department shall allocate
1425 percent of the grant for that year no later than 30 days after the
15grantee accepts the grant. For the second and subsequent years of
16the grant, the department shall allocate 25 percent of the grant for
17that year no later than 30 days after the annual Budget Act becomes
18effective. The grantee shall not use more than 15 percent of an
19annual grant award for administrative costs.

20(C) In addition to the funding allowed for administrative costs
21under subparagraph (B), up to 15 percent of the initial annual grant
22award for each after school grant recipient may be used for startup
23costs.

24(D) Under no circumstance shall funding made available
25pursuant to subparagraphs (B) and (C) result in an increase in the
26total funding of a grantee above the approved grant amount.

27(5) A grantee shall identify the federal, state, and local programs
28that will be combined or coordinated with the proposed program
29for the most effective use of public resources, and shall prepare a
30plan for continuing the program beyond federal grant funding.

31(6) A grantee shall submit semiannual attendance data and
32results to facilitate evaluation and compliance in accordance with
33provisions established by the department.

34(7) A program receiving a grant under this subdivision is not
35assured of grant renewal from future state or federal funding at
36the conclusion of the grant period. However, priority for funding
37pursuant to this subdivision shall be given to programs with
38expiring grants, if those programs have satisfactorily met projected
39pupil outcomes pursuant to subdivision (a) of Section 8484.

P34   1(f) A total annual grant award for after school funding and grants
2for a site serving elementary or middle school pupils shall be fifty
3thousand dollars ($50,000) per year or more, consistent with federal
4requirements.

5(g) Notwithstanding any other law, and contingent upon the
6availability of funding, the department may adjust the after school
7 grant cap of any grantee based upon one or both of the following:

8(1) Amendments made to this section by Chapter 555 of the
9Statutes of 2005.

10(2) The demonstrated pupil attendance pattern of the grantee.
11The department may adjust grant awards pursuant to subparagraph
12(A) of paragraph (1) of subdivision (a) of Section 8483.7.

13(h) Funds received but unexpended under this article may be
14carried forward to subsequent years consistent with federal
15requirements. In year one, the full grant may be retained.

16(i) If funds remain after all of the priority allocations required
17pursuant to subdivisions (a), (b), (c), and (e) have been made, the
18department may use that money to fund additional qualified grant
19applications under subdivision (c), in order to ensure that all federal
20funds received for these purposes are expended for these purposes.
21If funds remain after additional qualified grant applications are
22approved for funding pursuant to subdivision (c), the department
23may award the remaining funds for additional qualified grant
24applications pursuant to subdivisions (b) and (e).

25(j) In any fiscal year in which the total state appropriation for
26that fiscal year exceeds the total state appropriation for the 2008-09
27fiscal year after funds have been allocated pursuant to subdivision
28(a), the excess amount shall be allocated on a priority basis for
29after school grants to community learning centers funded pursuant
30to Section 8421 as follows:

31(1) Thirty-five percent to community learning centers serving
32high school pupils.

33(2) Fifty percent to community learning centers serving
34elementary and middle school pupils.

35(3) Fifteen percent to summer programs serving elementary and
36middle school pupils.

37(k) This article shall be operative only to the extent that federal
38funds are made available for the purposes of this article. It is the
39intent of the Legislature that this article not be considered a
40precedent for general fund augmentation of either the state
P35   1administered, federally funded program of this article, or any other
2state funded before or after school program.

begin delete
3

SEC. 22.  

Section 8484.85 is added to the Education Code, to
4read:

5

8484.85.  

The department shall develop, and submit in
6compliance with Section 9795 of the Government Code, a biennial
7report to the Legislature related to the pupils attending, and the
8program quality of, expanded learning programs. The report shall
9include data that is derived by matching the unique statewide pupil
10identifiers with data in the department’s data systems and may
11include, but is not limited to, aggregate reporting of all of the
12following information:

13(a) The number, geographical distribution, and type of sites and
14grantees participating in expanded learning programs.

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

16(c) Statewide test and assessment scores.

17(d) Pupil demographics and characteristics.

18(e) Pupil behavior changes and skill development.

19(f) The quality of the programs based on the department’s
20guidance on program quality standards developed pursuant to
21paragraph (4) of subdivision (a) of Section 8427.

end delete


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