Amended in Senate June 22, 2016

Amended in Senate June 24, 2015

Amended in Assembly May 28, 2015

Amended in Assembly May 5, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1426

Introduced by Assembly Member begin delete Levine end delete begin insert Cooper end insert

February 27, 2015

An act to amend Sections begin delete 47612.5 and 47634.2 of end delete begin insert 8483 and 8483.7 of, and to add Section 8483.71 to, end insert the Education Code, relating to begin delete charter schools. end delete begin insert after school programs end insert begin insert . end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1426, as amended, begin delete Levine end delete   begin insert Cooper end insert . begin delete Charter schools: classroom-based and nonclassroom-based instruction: blended learning charter schools. end delete begin insert After school programs. end insert

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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 requires every after school component of a program to operate a minimum of 15 hours per week and at least until 6 p.m. on every regular schoolday. The act requires the Superintendent of Public Instruction to determine the total annual after school grant amount for which a site is eligible based on a formula of $7.50 per pupil per day of pupil attendance that the program plans to serve, with a minimum total grant of $37.50 per projected pupil per week, and a formula of $7.50 per projected pupil per day of staff development, with a maximum of 3 staff development days per year.

end insert begin insert

This bill would no longer require after school components of a program to operate at least until 6 p.m. on regular schooldays. The bill would increase the per pupil and per projected pupil rates discussed above, as specified, and would require the State Department of Education to report to the Legislature, on progress in implementing these rate changes, commencing on or before April 1, 2017, and every 6 months thereafter, unless or until the rate changes are fully implemented for all grantees.

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Existing law, the Charter Schools Act of 1992, requires charter schools, as a condition of receiving funding apportionments, to offer in each fiscal year a specified minimum number of minutes of instruction to each pupil based on grade level. For purposes of that instructional time requirement, the act defines “classroom-based instruction” as occurring only when charter school pupils are engaged in required educational activities under the immediate supervision and control of an employee of the charter school who possesses a specified teaching certification. The act requires, for purposes of calculating average daily attendance for classroom-based instruction apportionments, that at least 80% of the instructional time offered by the charter school be at the charter schoolsite. The act authorizes a charter school to receive funding for nonclassroom-based instruction, as defined for that purpose, only if a determination for funding is made by the State Board of Education, subject to any conditions or limitations the state board may prescribe.

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This bill would subject to that determination for funding for nonclassroom-based instruction a “blended learning charter school,” defined as a charter school through which a pupil learns at least in part through online delivery of content and instruction and at least in part at a supervised location away from home, that offers classroom-based instruction no less than 60% and no more than 80% of the instructional time, and that satisfies other specified criteria. The bill would provide that such a blended learning charter school shall not lose eligibility for specified school facilities assistance based solely on the blended learning charter school’s status as a nonclassroom-based charter school, provided that the charter school is otherwise eligible for the facility program. The bill would require the state board to adopt regulations setting forth criteria for the determination of funding for a blended learning charter school, as provided. The bill would also make nonsubstantive changes.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 8483 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 begin insert on every
regular schoolday for end insert a minimum of 15 hours per begin delete week, and at
least until 6 p.m. on every regular schoolday. end delete begin insert week. end insert 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. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.

(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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8483.7 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8483.7.  

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) The maximum total after school grant amount awarded
annually pursuant to this paragraph shall be one hundred twelve
thousand five hundred dollars ($112,500) for each regular school
year for each elementary school and one hundred fifty thousand
dollars ($150,000) for each regular school year for each middle or
junior high school. The Superintendent shall determine the total
annual after school grant amount for which a site is eligible based
on a formula of begin delete seven end delete begin insert eight end insert dollars and fifty cents begin delete ($7.50) end delete begin insert ($8.50) end insert
per pupil per day of pupil attendance that the program plans to
serve, with a maximum total grant of begin delete thirty-seven end delete begin insert forty-two end insert dollars
and fifty cents begin delete ($37.50) end delete begin insert ($42.50) end insert per projected pupil per week, and
a formula of begin delete seven end delete begin insert end insert begin insert eight end insert dollars and fifty cents begin delete ($7.50) end delete begin insert ($8.50) end insert per
projected pupil per day of staff development, with a maximum of
three staff development days per year. A program may provide
the three days of staff development during regular program hours
using funds from the total grant award.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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begin insert SEC. 3. end insert   

end insert

begin insert Section 8483.71 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8483.71. end insert   

Commencing on or before April 1, 2017, and every
six months thereafter, the department shall provide a progress
report to the Legislature, in compliance with Section 9795 of the
Government Code, regarding the implementation of each rate
change made to subparagraph (C) of paragraph (1) of subdivision
(a) of Section 8483.7, by the act that added this section, unless or
until the rate changes are fully implemented for all grantees.

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All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 24, 2015. (JR11)