BILL ANALYSIS Ó SB 1221 Page 1 Date of Hearing: June 25, 2014 ASSEMBLY COMMITTEE ON EDUCATION Joan Buchanan, Chair SB 1221 (Hancock) - As Amended: May 27, 2014 SENATE VOTE : 25-10 SUBJECT : After school programs SUMMARY : Modifies eligibility, types of grants, amount of grants, and outcome measures of the After School Education and Safety (ASES), the 21st Century Community Learning Centers (21st CCLC), and the 21st Century After School Safety and Enrichment for Teens (ASSETs) programs. Specifically, this bill : Makes the following changes to the ASES program : 1)Replaces references to "direct grants" with "after school grants." 2)Establishes a minimum total after school grant amount for each schoolsite by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular school days. 3)Authorizes additional funding, not to exceed $15,000 per site, per school year, to be provided for transportation in programs located in an area that has a population density of less than 11 persons per square miles. Requires programs to submit to the California Department of Education (CDE) for consideration evidence of the need for after school transportation funds. Authorizes transportation funds to be used to supplement, but not supplant, local transportation services. 4)Deletes intent statement that a grantee who serves additional pupils by operating a longer day program not receive additional funding for this purpose. 5)Authorizes, to the extent consistent with federal and state privacy laws, local educational agencies to submit pupil data to an operator of a summer program, and changes references to the "Standardized Testing and Reporting program (STAR)" to "statewide test and assessment scores." SB 1221 Page 2 Changes to the 21st CCLC program : 6)Modifies legislative intent to express the intent of the Legislature for the 21st CCLC program to provide year-round opportunities for expanded learning. 7)Deletes federal grants for family literacy services 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. 8)Gives priority to grant applications that will provide year-round expanded learning programming. Defines "year-round expanded learning programs" as any combination of an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. Specifies that the applicant is not required to be the same entity that operates the existing program. 9)Replaces references to "core funding" with "after school funding." 10)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. 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. Changes to the ASSETs program : SB 1221 Page 3 11)Revises the purpose of the ASSETs program as assisting pupils to pass the high school exit exam and instead states the purpose of ASSETs as supporting college and career readiness. 12)Strikes the provision requiring priority for funding to be given to programs that serve pupils attending a school in the lowest 3 deciles of the most recent score on the Academic Performance Index (API) and instead requires priority for funding to be given to programs that previously received funding. 13)Strikes obsolete provisions. Changes to all three programs : 14)Requires an application to certify evidence of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness. 15)Strikes as consideration of outcomes STAR test scores, positive behavioral changes, homework completion rates, and skill development as reported by schoolday teacher or after school staff, and instead requires programs to submit evidence of a data-driven program quality improvement process that is based on the CDE's guidance on program quality standards, using unique statewide pupil identifiers. 16)Defines "expanded learning" as before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. Expresses the intent of the Legislature that expanded learning programs be pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular schoolday and school year. 17)Replaces references to "supplemental grant" with "summer grant." SB 1221 Page 4 18)Defines "summer grant" as funding to operate any program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods. 19)Modifies the maximum summer grant from a maximum of 30% of the total grant amount awarded per school year, to either a maximum of 30% of the total grant amount awarded per school year, 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. EXISTING LAW : 1)Establishes the ASES program through the 2002 voter approved initiative, Proposition 49. The ASES program funds the establishment of local after school education and enrichment programs, which are created through partnerships between schools and local community resources to provide literacy, academic enrichment and safe constructive alternatives for students in kindergarten through ninth grade (Education Code (EC) Section 8482). 2)Establishes the 21st CCLC contained within the federal No Child Left Behind Act of 2001 to complement the ASES program. Specifies that the requirements of the ASES program apply to the 21st CCLC program with specified exceptions. (EC 8484.7) 3)Establishes the ASSETs program to create incentives for establishing locally driven after school enrichment programs between schools and local community organizations serving pupils in high school from grades 9 through 12. (EC Section 8421) FISCAL EFFECT : According to the Senate Appropriations Committee, this bill results in: 1)Cost pressure: This bill creates new grants to draw from the same funding source, which puts pressure on the existing funding. The bill also creates a minimum grant funding level that is higher than small programs would have been awarded under the existing per-pupil funding formula, which adds pressure on an existing source that is already insufficient to fund most requests. 2)Minor cost savings: To the extent that the new reporting SB 1221 Page 5 requirements streamline the CDE grant monitoring activities, there will be minor workload savings to the CDE. COMMENTS : ASES program . The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for kindergarten through grade 9 students. In FY 2010-11, 450 predominantly districts and county offices of education received grants, although local governments and nonprofit organizations working in partnership with local educational agencies may also apply. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Direct grants are provided in three one-year increments with maximum grants at $112,500 per year for elementary schools and $150,000 per year for middle or junior high schools based on a per pupil amount of $7.50 per day. Priority for funding goes to schools where at least 50% of the pupils are eligible for free- or reduced-priced lunch. Each program is required to provide a match equal to not less than one-third of the total grant. Facilities may count towards 25% of the local contribution. Participating after-school programs are required to have an educational and literacy component in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or sciences; and an educational enrichment component, which may include, but is not limited to, fine arts, career technical education, career exploration, recreation, physical fitness and prevention activities. The program requires before school programs to operate one and a half hours a day and after school programs to operate after school until 6 p.m. for a minimum of 15 hours per week. ASES grantees can request supplemental grants in order to operate for more than 180 days or to operate during summer, intersession or vacation. 21st CCLC program . In addition to the funds generated by Proposition 49, the state also receives approximately $130 million annually in federal funds for the 21st CCLC program, which provides funding for before and after school activities to pupils in kindergarten through grade 12. The state has chosen to implement this program almost identical to the state's ASES program. In fact, most of the provisions relating to the ASES program apply to the 21st CCLC. Existing law (EC 8484.8) SB 1221 Page 6 specifies that 40% of the 21st CCLC funds shall be allocated for programs serving elementary and middle school pupils and 50% shall be allocated for direct grants to community learning centers serving high school pupils. The remaining 10% is used for direct grants to community learning center programs to provide equitable access and to provide family literacy services. Federal requirements give priority for funding to programs serving Title 1 kids (low-income kids eligible for free and reduced-priced meals). ASSETs . The 21st The High School ASSETs program provides grants up to $250,000 per school site based on $10 per student per day, to serve pupils in grades 9 through 12. The program may operate after school only, or after school and during any combination of before school, weekends, summer, intersession, and vacation, for at least 15 hours per week, and may operate on one or multiple sites. According to the CDE, in fiscal year 2012-13, $60.9 million of the $128 million in federal funds was directed to the ASSETs program, allocated to 345 sites serving 45,817 students. The program must contain the following elements: 1)An academic assistance element that includes at least one of the following: preparation for the high school exit exam, tutoring, homework assistance, or college preparation; and, 2)An enrichment element that may include, but is not limited to, community service, career and technical education, career exploration, job readiness, opportunities for mentoring and tutoring younger pupils, service learning, arts, computer and technology training, physical fitness and recreation activities. This bill , co-sponsored by Superintendent of Public Instruction Tom Torlakson and the Partnership for Children and Youth, makes a number of changes to the ASES, 21st CCLC and the ASSETs programs. Some of the changes affect all three programs. The major changes include the following: New minimum grant . Under the ASES program, direct grants are provided in three one-year increments with maximum grants at $112,500 per year for elementary schools and $150,000 per year for middle or junior high schools based on a per pupil amount of $7.50 per day. This bill changes "direct grants" to "after school grants" and establishes a minimum amount for each schoolsite by providing an amount equal to attendance by 20 SB 1221 Page 7 pupils, even if there are less than 20 pupils in attendance. According to the CDE, this is to provide funding to assist small programs with attendance too low to generate grant funding sufficient to operate a viable program. The amount is based on the requirement of a staff-to-pupil ratio of 20 to 1. It is unclear how many applicants will be eligible for the minimum grant, or how many participants these programs will enroll. New transportation grant . This bill authorizes additional funds under the ASES program, up to $15,000 per site, to be provided to enable programs located in areas with a population density of less than 11 persons per square miles to provide transportation. This is to enable programs in extreme rural areas to transport students to an after school program. Summer grants . Current law authorizes an ASES and 21st CCLC grantee to receive a supplemental grant to operate in excess of 180 days or during any combination of summer, intersession, or vacation for a minimum of three hours per day for an after school program and two hours a day for a before school program. The grant amount is either $7.50 per pupil per day, or 30% of the total grant amount awarded to the school per school year, whichever is less. This bill changes "supplemental grant" to "summer grant," although the purposes for which the grant is provided remains unchanged (grants can be used for intersession or vacation, in addition to summer). According to the sponsor, the majority of grants are used for summer programs. The term clarifies the use of grants. The bill also changes the grant amount for summer grants by providing a maximum of $33,750 for each school year for elementary schools and $45,000 for middle or junior high schools. This is to determine a grant amount for programs that may not already have an after school grant. Priority for programs providing year-round programs . This bill requires priority for 21st CCLC grants to be awarded to programs that will provide year-round expanded learning programs, defined as a program that offers year-round programming, or an applicant adding summer programming to complement existing after school programs, or an applicant adding after school programs to complement existing summer programs. The bill also specifies that the applicant is not required to be the same entity that operates the existing program. According to the sponsor, this is to enable an applicant coordinating with existing providers to fill a gap. For example, a school may operate an after school program, but does not offer a summer program. A separate SB 1221 Page 8 organization may submit an application to provide the summer program. Staff recommends an amendment to clarify that priority may be given to a program not offering a year-round expanded learning program if the program is coordinating with a provider to complement an existing program. Family literacy . Federal law allows 21st CCLC funds to be used for family literacy services. California has chosen to set aside at least 10% of federal 21st CCLC funds to provide equitable access and participation in CCLC programs and grants to provide family literacy services. The author and sponsors believe that these funds are better used for pupil participation. This bill incorporates parent involvement and family literacy as authorized used of grant funds, and reduces from 10% to 5% the amount reserved for grants to provide equitable access and participation in CCLC programs. These grant funds are primarily used for transportation and language translation services. Program evaluation . Current law requires programs to submit annual outcome-based data for evaluating program effectiveness, including academic performance, impact on school attendance, pupil behavioral changes, STAR test results, and for the ASSETs program, performance on the high school exit exam. This bill strikes these requirements, and instead, requires grantees to submit, using the unique statewide pupil identifiers, schoolday attendance on an annual basis, program attendance on a semiannual basis, and evidence of a data-driven program quality improvement process that is based on CDE's guidance on program quality standards. In 2012, the CDE contracted with the California Afterschool Network Quality Committee to develop recommendations for determining quality in California after school programs. In 2013, a report, "Quality Standards for Expanded Learning," was released that suggested 12 quality standards, including: safe and supportive environment; active and engaged learning; skill building; youth voice and leadership; healthy choices and behaviors; quality staff; diversity, access and equity; clear vision, mission and purpose; collaborative partnerships; continuous quality improvement; program management; and sustainability. 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 are expected on June 30, 2014. Application . This bill adds a new certification requirement in SB 1221 Page 9 the application process. An applicant must certify "evidence of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness." Applicants are not required to submit data to the CDE; however, they must certify that they will collect such data. Staff recommends a technical amendment to clarify the "collection and use" of data, rather than the "evidence" of data collection. Report to the Legislature . The bill requires the CDE to develop and 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. This bill repeals the evaluation requirement. 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: 1)The number, geographical distribution and type of sites and grantees. 2)Student attendance in the program and regular schoolday. 3)Statewide test and assessment scores. 4)Student demographics and characteristics. 5)Student behavior changes and skill development. 6)The quality of the program based on CDE's guidance on program quality standards. This provision is in the section of the Education Code relating to the 21st CCLC program. Staff recommends relocating this provision to Section 8428, which this bill repeals, to replace the previous requirement for CDE to conduct an evaluation. Arguments in support . Superintendent of Public Instruction Tom Torlakson states, "Expanded learning programs - before and after school, summer, and intersession programs - show positive impacts on students, including: improved school attendance, English fluency, academic success, and social-emotional skill development. In California, state and federally-funded expanded SB 1221 Page 10 learning programs serve approximately 420,000 students in nearly 4,500 programs across the state. Developed in collaboration with the expanded learning community, SB 1221 would simplify and improve state and local program administration and update state and local reporting requirements to more effectively support program quality improvement. Research on student learning loss during the summer shows that year-round and summer learning opportunities are essential to close the achievement gap. SB 1221 would maximize expanded learning programs' impact on students by supporting high-quality, year-round programming." Prior legislation . SB 429 (DeSaulnier), Chapter 626, Statutes of 2011, authorizes an ASES program provider to use supplemental grant funds to operate a six-hour program and establishes other parameters for programs operating summer, intersession or vacation programs, including authorizing a program to be conducted at an offsite location or at an alternate schoolsite and authorizing a supplemental grantee to open eligibility to every pupil attending a school in the district with priority for pupils enrolled in the school that receive a grant. SB 798 (DeSaulnier), Chapter 479, Statutes of 2010, requires any federal 21st CCLC program funds that exceed the total state appropriation for fiscal year 2008-09 to be allocated in accordance with a specified formula that includes 15% for summer programs serving elementary and middle school pupils. REGISTERED SUPPORT / OPPOSITION : Support Partnership for Youth and Children (co-sponsor) State Superintendent of Public Instruction Tom Torlakson (co-sponsor) A World Fit For Kids! Alameda County Superintendent of Schools Sheila Jordan After School Coalition Aspiranet Association of California School Administrators California Alliance of Boys & Girls Clubs California Charter Schools Association Advocates California Library Association California School-Based Health Alliance California State Alliance of YMCAs California State Parks Foundation SB 1221 Page 11 California State PTA California STEM Learning Network Central Valley Afterschool Foundation Fight Crime: Invest in Kids California Gilroy Unified School District GreatSchools InnerCity Struggle LA's BEST Los Angeles Unified School District MISSION: READINESS Public Profit Mountain View School District Santa Barbara School of Squash Techbridge The SEALS, After School Program The Village Extended School Program THINK Together United Way of Santa Barbara County Opposition None on file Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087