BILL ANALYSIS                                                                                                                                                                                                    Ó






                            SENATE COMMITTEE ON EDUCATION
                                  Carol Liu, Chair
                              2013-2014 Regular Session
                                          

          BILL NO:       SB 1221
          AUTHOR:        Hancock
          INTRODUCED:    February 20, 2014
          FISCAL COMM:   Yes            HEARING DATE:  March 26, 2014
          URGENCY:       No             CONSULTANT:Lynn Lorber

           SUBJECT  :  After school programs.

           SUMMARY
          
          This bill establishes new minimum grants and transportation  
          grants, authorizes summer-only programs to apply for federal  
          after school grants, makes funds for the family literacy grant  
          flexible by folding it into the larger pool of funding, deletes  
          the requirement to report test score data annually and instead  
          requires a new biennial report, requires grantees to report  
          program quality standards and evidence of quality improvement,  
          and requires grantees to submit social, behavioral, or skill  
          development outcome measures.

           BACKGROUND
           
           State funded after school programs
           Current law establishes the After School Education and Safety  
          (ASES) program consisting of before and after school academic  
          enrichment.  ASES programs receive direct grants, where  
          attendance is projected and grants are funded up- front, in  
          three one-year increments.  Each school that establishes an ASES  
          program is eligible to receive a 3-year direct grant that is  
          awarded in three 1-year increments and is subject to semiannual  
          attendance reporting and other requirements.  

           Direct grants
           The maximum total direct grant awarded annually for an after  
          school program is $112,500 for each regular school year for  
          elementary schools and $150,000 for middle or junior high  
          schools (based on a formula of $7.50 per student per day of  
          attendance, at a maximum of $37.50 per student per week).

          The maximum total grant awarded annually for a before school  
          program is   $37,500 for each regular school year for elementary  







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          schools and $49,000 for middle or junior high schools (based on  
          formula of $5 per student per day of attendance, at a maximum of  
          $25 per student per week).

           Supplemental grants
           Schools are eligible for a supplemental grant to operate a  
          three-hour program in excess of 180 days or during any  
          combination of summer, intersession, or vacation for the lesser  
          of $7.50 per student per day or 30% of the total grant amount  
          awarded to the 

          school per school year.  Supplemental grants are also available  
          to operate a six-hour program providing a maximum of 30% of the  
          total grant amount.  
          (Education Code § 8482-8484.6)

           Federal 21st Century
           The 21st Century Community Learning Centers (21st Century) is a  
          federally funded before and after school program that provides  
          disadvantaged K-12 student (50% or more eligibility for free and  
          reduced-price meals) with academic enrichment and support.  The  
          ASES program and 21st Century programs are nearly identical and  
          can operate in tandem.  Both programs are administered by the  
          Superintendent of Public Instruction.  (EC § 8484.7-8484.9)

           ANALYSIS
           
           This bill establishes new minimum grants and transportation  
          grants, authorizes summer-only programs to apply for federal  
          after school grants, makes funds for the family literacy grant  
          flexible by folding it into the larger pool of funding, deletes  
          the requirement to report test score data annually and instead  
          requires a new biennial report, requires grantees to report  
          program quality standards and evidence of quality improvement,  
          and requires grantees to submit social, behavioral, or skill  
          development outcome measures.  Specifically, this bill:

           ASES
           1)   Establishes a new minimum grant to be calculated by  
               multiplying the per student, per day, rate (different rates  
               exist for after school and for before school) by 20  
               students being served for 180 regular schooldays.

          2)   Establishes a maximum total summer grant for programs  








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               operating for three hours of $33,750 for elementary schools  
               and $45,000 for middle or junior high schools.  This  
               notwithstands existing grant amounts of the lesser of $7.50  
               per student per day or 30% of the total direct grant.

          3)   Modifies the maximum summer grant for programs operating  
               for six hours from a maximum of 30% of the total direct  
               grant to a maximum of either 30% of the total grant or  
               $33,750 for elementary schools and $45,000 for middle or  
               junior high schools.  

          4)   Deletes the prohibition on summer grantees operating a six  
               hour program from receiving additional grant funds.

          5)   Changes references of "direct grants" to "after school  
               grants." 

          6)   Changes references of "supplemental grants" to "summer  
               grants."  This bill uses the existing definition of  
               supplement to define summer grants.  

               21st Century
           7)   Gives priority to grant applications that will provide  
               year-round expanded learning programs, and defines  
               year-round expanded learning programs as any combination of  
               summer programs complementing existing before and/or after  
               school programs operated by another grantee (or vice versa)  
               or programs offering full year programs.  This allows  
               program operators to apply for only the summer component  
               rather than the entire year-round component.

          8)   Deletes federal grants for family literacy services  
               ($20,000 per site) and reduces from 10 to 5 the minimum  
               percentage of federal funds that are to be available for  
               grants for equitable access or family literacy services.   
               Rather than providing grants specifically for family  
               literacy, this bill deems, in accordance with federal law,  
               federal funding for programs that promote parent  
               involvement and family literacy as allowable uses of funds  
               designated for technical assistance, evaluation and  
               training services.  
                
                Transportation
           9)   Authorizes funding for transportation to be provided to an  








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               ASES program operated at a schoolsite located in an extreme  
               rural census tract identified by the United States Census  
               as isolated.  
                
                Test scores and positive behavioral changes
           10)  Deletes from information required to be included in  
               applications for 21st Century grant funding the results of  
               student test scores and the high school exit exam.

          11)  Deletes as one of the criterion used in determining  
               priority for 21st Century funding for programs that  
               previously received funding, demonstration of positive  
               outcomes regarding performance on the high school exit  
               exam, graduation rates, schoolday attendance, and positive  
               behavioral changes. 

          12)  Deletes from outcome-based data to be submitted annually to  
               the California Department of Education (CDE) for evaluation  
               of 21st Century programs, academic performance, performance  
               on the high school exit exam, graduation rates and positive  
               behavioral changes.  

               Program quality and effectiveness
           13)  Requires programs to submit evidence of a program quality  
               improvement process that is based on the CDE's guidance on  
               program quality standards.

          14)  Adds program quality standards as an additional measure to  
               demonstrate program effectiveness.

          15)  Modifies the requirement regarding the submission of  
               measures for demonstrating program effectiveness to delete  
               reference to performance on the high school exit exam and  
               standardized tests, homework completion rates, and clarify  
               that measures of positive behavioral changes may be  
               reported to the extent student level data is available.   
               (See Author's amendments comment.)



          16)  Deletes from measurable outcomes that may be used to  
               demonstrate program effectiveness, improvement in  
               performance on standardized tests including performance  
               levels (below basic and far below basic).








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          17)  Requires the CDE to submit a biennial report to the  
               Legislature related to the students attending expanded  
               learning programs, and the quality of those programs.  This  
               bill requires the report to include data using the  
               statewide unique student identifier and authorizes the  
               inclusion of aggregate reporting of all of the following:

                    a)             The number, geographical distribution  
                    and type of sites and grantees.

                    b)             Student attendance in the program and  
                    regular schoolday.

                    c)             Statewide test and assessment scores.

                    d)             Student demographics and  
                    characteristics. 

                    e)             Student behavior changes and skill  
                    development.

                    f)             The quality of the program based on  
                    CDE's guidance on program quality standards.  

          18)  Deletes the requirement that measures of 21st Century  
               program effectiveness be used for three consecutive years.

          19)  Specifies that the unique statewide student identifiers  
               (unduplicated) are to be used for data demonstrating  
               program effectiveness. 

                Miscellaneous
           20)  Modifies the academic assistance component of programs from  
               being aligned, to being coordinated with, the regular  
               academic programs of the students.

          21)  Deletes providing assistance to students to pass the high  
               school exit exam as one of the purposes of the 21st Century  
               program, and replaces it with providing support for college  
               and career readiness.

          22)  Adds a definition in ASES provisions for "expanded  
               learning" to reflect terminology used in the field, and for  








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               "summer grant" which is currently referred to as a  
               supplemental grant. 

          23)  Adds to existing intent language regarding 21st Century  
               programs complementing ASES programs to include the intent  
               to provide year-round opportunities for expanded learning.

          24)  Deletes references to outdated reports and evaluations,  
               funding for an obsolete report, and requirements to adopt  
               criteria for program evaluation and review.  This bill also  
               deletes reference to the outdated Standardized Testing and  
               Reporting (STAR) program and instead references statewide  
               test and assessment scores.


           STAFF COMMENTS
           
           1)   Minimum grant  .  This bill establishes a new minimum grant  
               amount based on existing per student rates multiplied by 20  
               students.  The purpose of a minimum grant is to assist  
               small programs with attendance too low to generate grant  
               funding sufficient to operate a viable program.  Federal  
               21st Century statutes cap the minimum grant at $50,000, and  
               the formula established in this bill would result in  
               minimum grants of $27,000 (based on rates for 20 students).  
                However, this bill places no parameters on minimum grants,  
               such as a process to prevent several small programs from  
               serving a geographic area that could have one program  
               serving more students (and possibly using the  
               transportation grant proposed by this bill).  Should an  
               applicant be required to serve a minimum number of  
               students?  Should there be a cap on the number of minimum  
               grants awarded, or a cap on total funds allocated for  
               minimum grants, especially if these grants are to be  
               provided within existing ASES and 21st Century funds?  

           2)   Transportation funds  .  This bill authorizes funding for  
               transportation to be provided to an ASES program operated  
               at a schoolsite located in an extreme rural census tract  
               identified by the United States Census as isolated.   
               Author's amendments (see Comment #6) propose to instead  
               authorize isolated programs, as identified by less than 11  
               people per square mile, to receive up to $25,000 annually  
               per site.  After school programs do not currently receive  








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               funding specifically for transportation, although 21st  
               Century "equity" funds may be used transportation.  Should  
               there be a cap on the number of transportation grants  
               awarded, or a cap on total funds allocated for  
               transportation, especially if these grants are to be  
               provided within existing ASES and 21st Century funds? 

           3)   Summer grant  .  This bill establishes a maximum total summer  
               grant for programs operating for three hours and modifies  
               the maximum summer grant for programs operating for six  
               hours to reference dollar amounts in addition to a  
               percentage of the direct grant to correspond with other  
               changes made by this bill that authorize summer-only  
               programs to apply for 21st Century funds (those programs  
               will not have a direct grant from which to calculate a  
               summer grant).

           4)   Family literacy grant .  This bill authorizes funds  
               designated for technical assistance, evaluation and  
               training services to be used for programs that promote  
               parent involvement and family literacy.  California has  
               elected, but is not required, to designate funds  
               specifically for family literacy.  This bill collapses that  
               designated funding into the larger pool of funding,  
               providing flexibility to grantees to meet the needs of  
               their program participants.

           5)   Quality standards  .  This bill requires programs to submit  
               evidence of a program quality improvement process that is  
               based on CDE's guidance on program quality standards.  A  
               workgroup of the California AfterSchool Network Quality  
               Committee developed 12 quality standards for expanded  
               learning programs that were adopted by the CDE in January  
               2014.  A "Phase II" workgroup has since begun the  
               development of indicators of quality standards and a matrix  
               of existing 

               quality assessment tools.  Recommendations for indicators  
               is expected on June 30, 2014.  
                http://www.afterschoolnetwork.org/sites/main/files/file-atta 
               chments/quality_standards_report_v12.3_0.pdf  

           6)   Author's amendments  .  The author intends to amend this bill  
               as follows:








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               a)        Strike the authority to report measures of  
                    positive behavioral changes and skill development, for  
                    purposes of demonstrating program effectiveness, and  
                    instead:

                    i)             Require programs to submit social,  
                         behavioral, or skill development outcome measures  
                         by unique statewide student identifiers, based on  
                         a list of field-recognized and research-based  
                         tools and assessments developed by the California  
                         Department of Education (CDE).  (See #4 above) 
                    ii)            Include as outcomes related to specific  
                         social-emotional competencies social skills,  
                         self-control, empathy, perseverance, conflict  
                         resolution, and school-connectedness.  
                    iii)           Require the menu of tools and  
                         assessments to lend themselves to program  
                         evaluation and continuous improvement processes  
                         to be easily combined to match the focus and  
                         context of the wide variation of funded expanded  
                         learning programs.  
                    iv)            Prohibit any one tool or assessment to  
                         be given priority, and requires the list to be  
                         reviewed and updated annually to include future  
                         additions used in the field and validated by  
                         research.
                    v)             Require the CDE to implement this  
                         reporting requirement by the 2015-16 school year.  
                          

               b)        Authorize up to $25,000 per site annually for  
                    transportation in isolated programs (see below), as  
                    determined by the local community.

               c)        Strike reference to an extreme rural census tract  
                    identified as isolated, and instead reference an area  
                    that has a population density of less than 11 people  
                    per square mile (relative to additional funding for  
                    transportation).  

           7)   Behavior and skill development  .  This bill clarifies that  
               measures of positive behavioral changes and skill  
               development may be reported for purposes of demonstrating  








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               program effectiveness.  Author's amendments propose to  
               instead require programs to submit social, behavioral, or  
               skill development outcome measures by unique statewide  
               student identifiers, based on a list of field-recognized  
               and research-based tools and assessments developed by CDE.   
               As indicated in Comment #5, a workgroup is currently  
               developing indicators of quality standards and a matrix of  
               existing quality assessment tools.  Recommendations for  
               indicators are expected on June 30, 2014. 

           8)   Test scores  .   This bill deletes the results of student  
               test scores and/or the high school exit exam from the list  
               of information required to be included in applications for  
               21st Century grant funding, as one of the criterion used in  
               determining priority for 21st Century funding, and as  
               outcome-based data submitted to the CDE.  Instead, this  
               bill requires the CDE to report biennially regarding the  
               students attending, and program quality of expanded  
               learning programs, and authorizes the inclusion of  
               aggregate reporting of statewide test and assessment  
               scores.  This may be particularly beneficial during the  
               next few years of transition to a new student assessment  
               system. 

           9)   New report  .  This bill requires the CDE to submit a  
               biennial report to the Legislature related to the students  
               attending expanded learning programs and the quality of  
               those programs.  Grantees are currently required to submit  
               annual attendance data to the CDE, as funding is based on  
               attendance, and a one-time evaluation of after school  
               programs was completed in 2011.  Currently, the Legislature  
               does not receive any reports relative to after school  
               programs.  This bill requires the report to include data  
               using the statewide unique student identifier and  
               authorizes the inclusion of aggregate reporting of all of  
               the following:

               a)        The number, geographical distribution and type of  
                    sites and grantees.

               b)        Student attendance in the program and regular  
                    schoolday.

               c)        Statewide test and assessment scores.








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               d)        Student demographics and characteristics. 

               e)        Student behavior changes and skill development.

               f)        The quality of the program based on CDE's  
                    guidance on program quality standards.  

           SUPPORT
           
          After School Coalition
          Alameda County Superintendent of Schools
          Aspiranet
          Boys and Girls Club of North San Mateo County
          Building Educated Leaders for Life
          California Alliance of Boys & Girls Clubs
          California Library Association
          California School-Age Consortium
          Central Valley Afterschool Foundation
          Families In Schools
          Fight Crime: Invest in Kids
          GreatSchools
          InnerCity Struggle
          LA's BEST
          Mission Readiness
          Partnership for Children & Youth
          Santa Clara County Board of Supervisors, Vice President
          Superintendent of Public Instruction
          The Children's Initiative
          Think Together
          Youth Alliance
          An individual

           OPPOSITION

           None on file.