California Legislature—2015–16 Regular Session

Assembly BillNo. 891


Introduced by Assembly Member Campos

February 26, 2015


An act to add Section 39800.1 to, and to amend Sections 8482.6, 8483, and 8483.1 of, the Education Code, and to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, relating to low-income youth benefits.

LEGISLATIVE COUNSEL’S DIGEST

AB 891, as introduced, Campos. Low-income youth: educational attainment and success.

(1) The After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The act gives priority enrollment in both after school and before school programs to pupils in middle school or junior high school who attend daily.

This bill would instead give first priority enrollment to homeless youth, as defined, 2nd priority enrollment to pupils in CalWORKs assistance units, as described, and 3rd priority enrollment to pupils who attend the program daily.

The act provides that an after school and before school program is not required to charge family fees or conduct individual eligibility determination based on need or income.

This bill would prohibit a program that charges family fees from charging a fee to a family with a homeless youth or a family who is part of a CalWORKs assistance unit.

(2) Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist to do so.

This bill would require a pupil entitled to free or reduced-price meals, or who attends a school that participates in the Community Eligibility Option, to be entitled to free transportation to and from school provided by the local educational agency, if certain conditions are met. The bill would require the local educational agency to designate a liaison to implement a plan, in consultation with specified stakeholders, to ensure that all entitled pupils receive free transportation in a timely manner.

By requiring new duties on a local educational agency, the bill would impose a state-mandated local program.

(3) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Existing law specifies the amounts of cash aid to be paid each month to CalWORKs recipients.

This bill would require that a $200 supplement to the amount of cash aid provided under the program be paid to a CalWORKs recipient 19 years of age and under, upon verification that the recipient has obtained a high school diploma or its equivalent.

The bill would also, among other things, require the State Department of Social Services, in coordination with the State Department of Education, to identify a method and to use that method to track the high school completion rates of children in an assistance unit, and to make publicly available an aggregate report of these high school completion rates tracked by the department.

The bill would require the State Department of Social Services to, in consultation with specified entities, design a youth subsidized employment program for youth 15 to 19 years of age, inclusive, who are eligible for benefits under this bill and needy youth, as defined, and would require the program to provide paid employment, occupational skills training, and other relevant services.

The bill would require a child in an assistance unit to receive, in advance, a transportation service supplement to the amount of cash aid provided under the program to pay for transportation services in order for the child to participate in an After School Education and Safety Program (ASES) program.

By increasing county administrative duties, the bill would impose a state-mandated local program.

The bill would authorize the State Department of Social Services to implement the above provisions by all-county letters or similar instructions until regulations are adopted and would require the department to adopt regulations on or before January 1, 2018.

(4) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) According to data released by the U.S. Census Bureau,
4without a high school diploma, Americans are almost twice as
5likely to live in poverty.

6(2) Several independent academic studies indicate a marked
7increase in school participation and graduation rates among
8children who were guaranteed transportation to and from school.

9(3) Research shows that pupils, especially girls, benefit from
10improved health and academic outcomes when they participate in
11after school programs.

12(4) There is recent evidence suggesting that increasing access
13to books can even mitigate the effects of poverty on school
14achievement and literacy development.

P4    1(5) According to a recent report by California Attorney General
2Kamala Harris, poverty and financial instability is the number one
3cause of truancy in the state.

4(6) Participation in a summer youth job program has been proven
5to increase the high school graduation rate of children in
6low-income homes.

7(b) Based on the findings and declarations in subdivision (a), it
8is the intent of the Legislature to enact legislation that would
9support school participation and high school attainment among
10low-income youth.

11

SEC. 2.  

Section 8482.6 of the Education Code is amended to
12read:

13

8482.6.  

Every pupil attending a school operating a program
14pursuant to this article is eligible to participate in the program,
15subject to program capacity. A program established pursuant to
16this article is not required to charge family fees or conduct
17individual eligibility determination based on need or income.begin insert If a
18program established pursuant to this article does charge family
19fees, the program shall not charge a fee to a family with a child
20who is identified as a homeless youth, as defined by the federal
21McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
22et seq.), or to a family who is part of a CalWORKs assistance unit,
23as described in subdivision (a) of Section 11265.45 of the Welfare
24and Institutions Code.end insert

25

SEC. 3.  

Section 8483 of the Education Code is amended to
26read:

27

8483.  

(a) (1) Every after school component of a program
28established pursuant to this article shall commence immediately
29upon the conclusion of the regular schoolday, and operate a
30minimum of 15 hours per week, and at least until 6 p.m. on every
31regular schoolday. Every after school component of the program
32shall establish a policy regarding reasonable early daily release of
33pupils from the program. For those programs or schoolsites
34operating in a community where the early release policy does not
35meet the unique needs of that community or school, or both,
36documented evidence may be submitted to the department for an
37exception and a request for approval of an alternative plan.

38(2) It is the intent of the Legislature that elementary school
39pupils participate in the full day of the program every day during
40which pupils participate and that pupils in middle school or junior
P5    1high school attend a minimum of nine hours a week and three days
2a week to accomplish program goals.

3(3) In order to develop an age-appropriate after school program
4for pupils in middle school or junior high school, programs
5established pursuant to this article may implement a flexible
6attendance schedule for those pupils.begin delete Priority for enrollment of
7pupils in middle school or junior high school shall be given to
8pupils who attend daily.end delete

9(b) The administrators of a program established pursuant to this
10article have the option of operating during any combination of
11summer, intersession, or vacation periods for a minimum of three
12hours per day for the regular school year pursuant to Section
138483.7.

begin insert

14(c) Priority for enrollment of pupils in an after school program
15shall be as follows:

end insert
begin insert

16(1) First priority shall go to pupils who are identified as
17homeless youth, as defined by the federal McKinney-Vento
18Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

end insert
begin insert

19(2) Second priority shall go to pupils who are members of a
20CalWORKs assistance unit, as described in subdivision (a) of
21Section 11265.45 of the Welfare and Institutions Code.

end insert
begin insert

22(3) Third priority shall go to pupils who attend daily.

end insert
23

SEC. 4.  

Section 8483.1 of the Education Code is amended to
24read:

25

8483.1.  

(a) (1) Every before school program component
26established pursuant to this article shall in no instance operate for
27less than one and one-half hours per regular schoolday. Every
28program shall establish a policy regarding reasonable late daily
29arrival of pupils to the program.

30(2) (A) It is the intent of the Legislature that elementary school
31pupils participate in the full day of the program every day during
32which pupils participate and that pupils in middle school or junior
33high school attend a minimum of six hours a week or three days
34a week to accomplish program goals, except when arriving late in
35accordance with the late arrival policy described in paragraph (1)
36or as reasonably necessary.

37(B) A pupil who attends less than one-half of the daily program
38hours shall not be counted for the purposes of attendance.

39(3) In order to develop an age-appropriate before school program
40for pupils in middle school or junior high school, programs
P6    1established pursuant to this article may implement a flexible
2attendance schedule for those pupils. begin deletePriority for enrollment of
3pupils in middle school or junior high school shall be given to
4pupils who attend daily.end delete

5(b) The administrators of a before school program established
6pursuant to this article shall have the option of operating during
7any combination of summer, intersession, or vacation periods for
8a minimum of two hours per day for the regular school year
9pursuant to Section 8483.75.

10(c) Every before school program component established pursuant
11to this article shall offer a breakfast meal as described by Section
1249553 for all program participants.

begin insert

13(d) Priority for enrollment of pupils in a before school program
14shall be as follows:

end insert
begin insert

15(1) First priority shall go to pupils who are identified as
16homeless youth, as defined in the federal McKinney-Vento
17Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

end insert
begin insert

18(2) Second priority shall go to pupils who are members of a
19CalWORKs assistance unit, as described in subdivision (a) of
20Section 11265.45 of the Welfare and Institutions Code.

end insert
begin insert

21(3) Third priority shall go to pupils who attend daily.

end insert
22

SEC. 5.  

Section 39800.1 is added to the Education Code, to
23read:

24

39800.1.  

(a) Notwithstanding any other law, a pupil entitled
25to free or reduced-price meals, as that term is used in Section
2642238.01, or who attends a school that participates in the
27Community Eligibility Option, shall be entitled to free
28transportation, from the local educational agency, to and from
29school, if either of the following conditions are met:

30(1) The pupil resides more than one-half mile from the school.

31(2) The neighborhood through which the pupil must travel to
32get to school is unsafe because of stray dogs, no sidewalks, known
33gang activity, or another reason documented by stakeholders
34pursuant to paragraph (c).

35(b) (1) A local educational agency shall designate a liaison that
36shall be responsible for implementing a plan to ensure that all
37pupils entitled to free transportation pursuant to subdivision (a)
38receive the transportation in a timely manner.

39(2) The liaison shall be trained to identify and accommodate
40the special rights of homeless youth, as defined to the federal
P7    1McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
2et seq.), and pupils in a CalWORKs assistance unit, as described
3in Section 11265.45 of the Welfare and Institutions Code. The
4liaison shall facilitate access to school services including, but not
5limited to, transportation services for the pupils described in this
6paragraph.

7(c) (1) The plan required by paragraph (1) of subdivision (b)
8shall be developed with the consultation of teachers, school
9 administrators, regional local transit authorities, the Air Resources
10Board, the Department of Transportation, parents, pupils, and other
11stakeholders.

12(2) The plan shall address the ability of pupils in the local
13educational agency’s jurisdiction to make regular visits to the
14public library.

15(d) If no dependable and timely transportation is available for
16pupils entitled to transportation services pursuant to this section,
17the local educational agency shall ensure that free transportation
18be provided using its existing funds.

19

SEC. 6.  

Article 3.7 (commencing with Section 11340) is added
20to Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
21Code
, to read:

22 

23Article 3.7.  Low-Income Youth Benefits
24

 

25

11340.  

(a) The department shall, in coordination with the State
26Department of Education, identify a method and utilize that method
27to track the high school completion rates of children in an
28assistance unit. The department shall report to the Legislature no
29later than July 1, 2016, if a change in statute is required in order
30to track high school completion rates of children in an assistance
31unit.

32(b) The department shall make publicly available an aggregate
33report of the high school completion rates tracked by the
34department pursuant to subdivision (a).

35

11341.  

To incentivize completion of high school or the
36equivalent for recipients of aid 19 years of age and under, those
37recipients shall, upon verification that the recipient has obtained
38a high school diploma or its equivalent, receive a
39two-hundred-dollar ($200) supplement to the amount of aid paid
40pursuant to Section 11450. The supplement shall be paid directly
P8    1to the recipient and shall be disregarded as income in determining
2the income of the assistance unit and the income of the CalFresh
3household if the recipient is receiving CalFresh. Cal-Learn
4participants who are already eligible for a similar incentive under
5Article 3.5 (commencing with Section 11331) are not eligible for
6the supplement established in this subdivision.

7

11342.  

To support educational outcomes and physical fitness
8of children in an assistance unit, a child in an assistance unit shall
9receive, in advance, a transportation service supplement to the
10amount of aid paid pursuant to Section 11450, as determined by
11the department, to pay for transportation services in order for the
12child to participate in an After School Education and Safety
13Program (ASES) program established pursuant to Section 8482
14of the Education Code.

15

11343.  

To support educational outcomes of children in an
16assistance unit, the department shall coordinate with county human
17services agencies and the State Department of Health Care Services
18to annually inform assistance units of the need to have a child’s
19vision regularly examined and how to schedule an appointment
20with an optometrist for children receiving Medi-Cal benefits.

21

11344.  

(a) The department shall, in consultation with county
22human services agencies, programs created under the federal
23Workforce Investment and Opportunity Act, State Community
24Services Block Grant (CSBG) offices, and local CSBG entities,
25design a youth subsidized employment program for youth 15 to
2619 years of age, inclusive, who are eligible for benefits under this
27chapter and needy youth, as defined in subdivision (b). The
28program shall provide paid employment, occupational skills
29training, and other relevant services. The payment for employment
30and services provided under this section shall be subject to the
31same financial participation as payment under subdivision (a) of
32Section 11450.

33(b) For the purposes of this section, “needy youth” mean
34 individuals 18 to 24 years of age, inclusive, whose family income,
35which may include the youth living alone, is less than 200 percent
36of the federal poverty level.

37(c) All employers and caseworkers involved in this program
38shall be trained in trauma-informed care and restorative justice
39practices.

P9    1(d) Income earned through the program created pursuant to this
2section shall be disregarded as income in determining eligibility
3for, or the amount of, aid under this section.

4

SEC. 7.  

Notwithstanding the rulemaking provisions of the
5Administrative Procedure Act (Chapter 3.5 (commencing with
6Section 11340) of Part 1 of Division 3 of Title 2 of the Government
7Code), and until January 1, 2018, the State Department of Social
8Services may implement Section 6 of this act by all-county letters
9or similar instructions. Thereafter, the State Department of Social
10Services shall adopt regulations to implement Section 6 of this act
11on or before January 1, 2018.

12

SEC. 8.  

No appropriation pursuant to Section 15200 of the
13Welfare and Institutions Code shall be made for purposes of this
14act.

15

SEC. 9.  

If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.



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