Amended in Senate August 1, 2016

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 Cooper

February 27, 2015

An act to amend begin delete Sections 8483 and 8483.7 end delete begin insert Section 8483 of, and to amend, repeal, and add Sections 8483.7 and 8483.76 end insert of, begin delete and to add Section 8483.71 to, end delete the Education Code, relating to after school begin delete programs. end delete begin insert programs, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1426, as amended, Cooper. After school programs.

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.

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 begin delete would end delete begin insert would, commencing July 1, 2017, end insert increase the per pupil and per projected pupil rates begin delete 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. end delete begin insert to $8.50, with a minimum total grant of $42.50 per projected pupil per week. end insert

begin insert

The act requires that, if an existing after school summer grantee operates a 6-hour per day program, the target attendance level for grant reductions be computed as if the grant award were based upon the lesser of $15 per day of pupil attendance or 30% of the total grant awarded to the school per school year.

end insert begin insert

The bill would, commencing July 1, 2017, increase the per day of pupil attendance rate to $17 per day.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

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 on every
regular schoolday for a minimum of 15 hours per week. 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.

SEC. 2.  

Section 8483.7 of the Education Code is amended to
read:

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 eight end delete begin insert seven end insert dollars and fifty cents begin delete ($8.50) end delete begin insert ($7.50) end insert
per pupil per day of pupil attendance that the program plans to
serve, with a maximum total grant of begin delete forty-two end delete begin insert thirty-seven end insert dollars
and fifty cents begin delete ($42.50) end delete begin insert ($37.50) end insert per projected pupil per week, and
a formula of begin delete eight end delete begin insert seven end insert dollars and fifty cents begin delete ($8.50) end delete begin insert ($7.50) 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.

begin insert

(f) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8483.7 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8483.7. end insert   

(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 eight dollars and fifty cents ($8.50) per pupil per
day of pupil attendance that the program plans to serve, with a
maximum total grant of forty-two dollars and fifty cents ($42.50)
per projected pupil per week, and a formula of eight dollars and
fifty cents ($8.50) 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) Eight dollars and fifty cents ($8.50) 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.

(f) This section shall become operative on July 1, 2017.

end insert

begin delete

SEC. 3.  

Section 8483.71 is added to the Education Code, to
read:

8483.71.  

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.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 8483.76 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

8483.76.  

(a) A school that establishes a program pursuant to
Section 8483.7 or 8483.75 is eligible to receive a summer grant
to operate the program in excess of 180 regular schooldays or
during any combination of summer, weekends, intersession, or
vacation periods for a maximum of either 30 percent of the total
grant amount awarded, per school year, to the school, or 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.

(b) An existing after school summer grantee may operate a
three-hour or a six-hour per day program. If the grantee operates
a six-hour per day program, the target attendance level for the
purpose of grant reductions pursuant to subparagraph (A) of
paragraph (1) of subdivision (a) of Section 8483.7 shall be
computed as if the grant award were based upon the lesser of fifteen
dollars ($15) per day of pupil attendance or 30 percent of the total
grant awarded to the school per school year.

(c) A summer grantee that operates a program pursuant to this
section may change the location of the program to address the
needs of pupils and school closures. The program may be
conducted at an offsite location or at an alternate schoolsite. The
summer grantee shall give notice to the department of the change
of location and shall include a plan to provide safe transportation
pursuant to Section 8484.6.

(d) A summer grantee that operates a program pursuant to this
section may open eligibility to every pupil attending a school in
the school district. Priority for enrollment shall be given to the
pupils enrolled in the school that receives the grant.

(e) A summer grantee operating a six-hour per day program
shall provide for each needy pupil at least one nutritionally
adequate free or reduced-price meal during each program day.

(f) A summer grantee that operates a six-hour per day program
is required to submit, for prior approval by the department, a
revised program plan that includes all of the following:

(1) A plan for provision of the free or reduced-price meal
required by subdivision (e).

(2) An attendance and early release policy for the program that
is consistent with the local educational agency’s early release
policy for the regular schoolday.

begin insert

(g) This section shall become inoperative on July 1, 2017, and,
as of January 1, 2018, is repealed, unless a later enacted statute
that becomes operative on or before January 1, 2018, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 8483.76 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8483.76. end insert   

(a) A school that establishes a program pursuant to
Section 8483.7 or 8483.75 is eligible to receive a summer grant
to operate the program in excess of 180 regular schooldays or
during any combination of summer, weekends, intersession, or
vacation periods for a maximum of either 30 percent of the total
grant amount awarded, per school year, to the school, or
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.

(b) An existing after school summer grantee may operate a
three-hour or a six-hour per day program. If the grantee operates
a six-hour per day program, the target attendance level for the
purpose of grant reductions pursuant to subparagraph (A) of
paragraph (1) of subdivision (a) of Section 8483.7 shall be
computed as if the grant award were based upon the lesser of
seventeen dollars ($17) per day of pupil attendance or 30 percent
of the total grant awarded to the school per school year.

(c) A summer grantee that operates a program pursuant to this
section may change the location of the program to address the
needs of pupils and school closures. The program may be
conducted at an offsite location or at an alternate schoolsite. The
summer grantee shall give notice to the department of the change
of location and shall include a plan to provide safe transportation
pursuant to Section 8484.6.

(d) A summer grantee that operates a program pursuant to this
section may open eligibility to every pupil attending a school in
the school district. Priority for enrollment shall be given to the
pupils enrolled in the school that receives the grant.

(e) A summer grantee operating a six-hour per day program
shall provide for each needy pupil at least one nutritionally
adequate free or reduced-price meal during each program day.

(f) A summer grantee that operates a six-hour per day program
is required to submit, for prior approval by the department, a
revised program plan that includes all of the following:

(1) A plan for provision of the free or reduced-price meal
required by subdivision (e).

(2) An attendance and early release policy for the program that
is consistent with the local educational agency’s early release
policy for the regular schoolday.

(g) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to minimize the deleterious impact of the current deficit
in the After School Education and Safety Program, established in
Article 22.5 (commencing with Section 8482) of Chapter 2 of Part
6 of Division 1 of Title 1 of the Education Code, it is necessary
that this act take effect immediately.

end insert