Amended in Assembly May 21, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 891

Introduced by Assembly Member Campos

February 26, 2015

An act to begin delete amend Sections 8482.6, 8483, and 8483.1 of, and to end delete add Section 39800.1 begin delete to, end delete begin insert to end insert the Education Code, begin delete 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, end delete relating to begin delete low-income youth benefits end delete begin insert pupil services end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 891, as amended, Campos. begin delete Low-income youth: educational attainment and success. end delete begin insert Pupil services: transportation. end insert

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(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.

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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, for programs serving middle and junior high school pupils, to pupils who attend the program daily.

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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.

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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.

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(2) Existing

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begin insert Existing end insert 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.

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(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.

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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.

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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.

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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.

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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).

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

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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.

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

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

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(5) The

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begin insert The end insert 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:

SECTION 1.  

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

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

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

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

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

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

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

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

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SEC. 2.  

Section 8482.6 of the Education Code is amended to
read:

8482.6.  

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

SEC. 3.  

Section 8483 of the Education Code is amended to
read:

8483.  

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

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

(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils.

(b) The administrators of a program established pursuant to this
article have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day for the regular school year pursuant to Section
8483.7.

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

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

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

(3)  For programs serving middle and junior high school pupils,
third priority shall go to pupils who attend daily.

SEC. 4.  

Section 8483.1 of the Education Code is amended to
read:

8483.1.  

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

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

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

(3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils.

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

(c) Every before school program component established pursuant
to this article shall offer a breakfast meal as described by Section
49553 for all program participants.

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

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

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

(3)  For programs serving middle and junior high school pupils,
third priority shall go to pupils who attend daily.

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begin delete SEC. 5. end delete
begin insert SEC. 2. end insert   

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

39800.1.  

(a) Notwithstanding any other law, a pupil entitled
to free or reduced-price meals, as that term is used in Section
42238.01, or who attends a school that participates in the
Community Eligibility Option, shall be entitled to free
transportation, from the local educational agency, to and from
school, if either of the following conditions are met:

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

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

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

(2) The liaison shall be trained to identify and accommodate
the special rights of homeless youth, as defined to the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.), and pupils in a CalWORKs assistance unit, as described
in Section 11265.45 of the Welfare and Institutions Code.

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

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

(d) If free, dependable, and timely transportation is not available
for pupils entitled to transportation services pursuant to this section,
the local educational agency shall ensure that free transportation
be provided using its existing funds.

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SEC. 6.  

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

 

Article 3.7.  Low-Income Youth Benefits

 

11340.  

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

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

11341.  

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

11342.  

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

11343.  

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

11344.  

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

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

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

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

SEC. 7.  

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

SEC. 8.  

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

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begin delete SEC. 9. end delete
begin insert SEC. 3. end insert   

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