AB 1567, as amended, Campos. Before and after school programs: enrollment: fees: homeless and foster youth: snacks or meals.
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 after school programs and before school programs to pupils in middle school or junior high school who attend daily.
This bill, beginning July 1, 2017, would instead give first priority enrollment to pupils who are identified by the program as homeless youth, as defined, and pupils who are identified by the program as being in foster care, and 2nd priority enrollment, for programs serving middle and junior high school pupils, to pupils who attend the program daily. The bill, beginning July 1, 2017, would require an after school program or a before school program to inform the parent or caregiver of a pupil of the right of homeless children and foster children to receive priority enrollment and how to request priority enrollment. The bill, beginning July 1, 2017, would require the administrators of a program to allow self-certification of the pupil as a homeless youth or a foster youth, and would authorize administrators to obtain this information through the school district liaison designated for homeless children, as specified.
The act provides that an after school program or a before school program is not required to charge family fees or conduct individual eligibility determinations based on need or income.
This bill, beginning July 1, 2017, would prohibit a program that charges family fees from charging a fee to a family for a child if the program knows that the child is a homeless youth or for a child who the program knows is in foster care.
The act authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.
The bill would set forth a legislative finding and declaration that it furthers the purposes of the act.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) The After School Education and Safety (ASES) Program
4offers quality after school learning and development opportunities
5that can make a difference for all of the children they serve, but
6especially for low-income children.
7(b) There is strong evidence that access to after school and
8summer programs increases the likelihood that a child will succeed
9in school and graduate from high school.
10(c) Research shows that children, especially girls, benefit from
11improved
health and academic outcomes when they participate in
12after school programs.
13(d) The most significant academic gains for children enrolled
14in the ASES Program occur among those who face the most
15challenges.
P3 1(e) Due to significant underfunding of the ASES Program, more
2than half of the program site coordinators recently reported that
3they could not enroll all interested children and had resorted to the
4use of a waiting list.
5(f) The federal McKinney-Vento Homeless Assistance Act (42
6U.S.C. Sec. 11301 et seq.) ensures the educational rights and
7protections of homeless children, defined by the act as individuals
8who lack a fixed, regular, and adequate nighttime residence.
9(g) Until the ASES Program is funded for every child seeking
10to be enrolled, children who are homeless or in foster care might
11not benefit from the program without priority access and waivers
12of fees.
13(h) In order to ensure that participating children receive adequate
14nutrition and to reduce the cost-per-child expenses of ASES
15programs, it is important to encourage collaboration between local
16educational agencies and other community-based organizations
17sponsoring federally funded after school snack and meal programs.
Section 8482.6 of the Education Code is amended to
19read:
(a) Every pupil attending a school operating a program
21pursuant to this article is eligible to participate in the program,
22subject to program capacity. A program established pursuant to
23this article is not required to charge family fees or conduct
24 individual eligibility determinations based on need or income.
25(b) This section shall remain in effect only until July 1, 2017,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before July 1, 2017, deletes or extends that date.
Section 8482.6 is added to the Education Code, to
29read:
(a) Every pupil attending a school operating a program
31pursuant to this article is eligible to participate in the program,
32subject to program capacity. A program established pursuant to
33this article is not required to charge family fees or conduct
34individual eligibility determinations based on need or income. If
35a program established pursuant to this article does charge family
36fees, the program shall not charge a fee to a family for a child if
37the program knows that the child is a homeless youth, as defined
38by the federal McKinney-Vento Homeless Assistance Act (42
39U.S.C. Sec. 11434a), or for a child who the program knows is in
40foster care.
P4 1(b) This section shall become operative on July 1, 2017.
Section 8483 of the Education Code is amended to
3read:
(a) (1) Every after school component of a program
5established pursuant to this article shall commence immediately
6upon the conclusion of the regular schoolday, and operate a
7minimum of 15 hours per week, and at least until 6 p.m. on every
8regular schoolday. Every after school component of the program
9shall establish a policy regarding reasonable early daily release of
10pupils from the program. For those programs or schoolsites
11operating in a community where the early release policy does not
12meet the unique needs of that community or school, or both,
13documented evidence may be submitted to the department for an
14exception and a request for approval of an alternative plan.
15(2) It is the intent of the Legislature that elementary school
16pupils participate in the full day of the program every day during
17which pupils participate and that pupils in middle school or junior
18high school attend a minimum of nine hours a week and three days
19a week to accomplish program goals.
20(3) In order to develop an age-appropriate after school program
21for pupils in middle school or junior high school, programs
22established pursuant to this article may implement a flexible
23attendance schedule for those pupils. Priority for enrollment of
24pupils in middle school or junior high school shall be given to
25pupils who attend daily.
26(b) The administrators of a program established pursuant to this
27article have the option
of operating during any combination of
28summer, intersession, or vacation periods for a minimum of three
29hours per day for the regular school year pursuant to Section
308483.7.
31(c) This section shall remain in effect only until July 1, 2017,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before July 1, 2017, deletes or extends that date.
Section 8483 is added to the Education Code, to read:
(a) (1) Every after school component of a program
36established pursuant to this article shall commence immediately
37upon the conclusion of the regular schoolday, and operate a
38minimum of 15 hours per week, and at least until 6 p.m. on every
39regular schoolday. Every after school component of the program
40shall establish a policy regarding reasonable early daily release of
P5 1pupils from the program. For those programs or schoolsites
2operating in a community where the early release policy does not
3meet the unique needs of that community or school, or both,
4documented evidence may be submitted to the department for an
5exception and a request for approval of an alternative plan.
6(2) It is the intent of the Legislature that elementary school
7pupils participate in the full day of the program every day during
8which the pupils participate and that pupils in middle school or
9junior high school attend a minimum of nine hours a week and
10three days a week to accomplish program goals.
11(3) In order to develop an age-appropriate after school program
12for pupils in middle school or junior high school, programs
13established pursuant to this article may implement a flexible
14attendance schedule for those pupils.
15(b) The administrators of a program established pursuant to this
16article have the option of operating during any combination of
17summer, intersession, or vacation periods for a minimum of three
18hours per day for the regular school year pursuant to Section
198483.7.
20(c) (1) Priority for enrollment of pupils in an after school
21
program shall be as follows:
22(A) First priority shall go to pupils who are identified by the
23program as homeless youth, as defined by the federal
24McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
2511434a), at the time that they apply for enrollment or at any time
26during the school year, and to pupils who are identified by the
27program as being in foster care.
28(B) For programs serving middle and junior high school pupils,
29second priority shall go to pupils who attend daily.
30(2) Nothing in this subdivision shall be construed to require a
31program to verify, or a school district to disclose to an after school
32program, that a pupil applying for or participating in the program
33is a homeless youth or a foster
youth.
34(3) Nothing in this subdivision shall be construed to require or
35authorize the disenrollment of a current participant in order to
36secure the enrollment of a pupil who has priority for enrollment.
37(d) A program shall inform the parent or caregiver of a pupil of
38the right of homeless children and foster children to receive priority
39enrollment and how to request priority enrollment.
P6 1(e) For purposes of identifying a pupil who is eligible for priority
2enrollment pursuant to subdivision (c), the administrators of a
3program shall allow self-certification of the pupil as a homeless
4youth or a foster youth. Administrators of a program may also
5obtain this information through the school district liaison
6designated for
homeless children if the school district has a waiver
7on file allowing for the release of this information.
8(f) This section shall become operative on July 1, 2017.
Section 8483.1 of the Education Code is amended to
10read:
(a) (1) Every before school program component
12established pursuant to this article shall in no instance operate for
13less than one and one-half hours per regular schoolday. Every
14program shall establish a policy regarding reasonable late daily
15arrival of pupils to the program.
16(2) (A) It is the intent of the Legislature that elementary school
17pupils participate in the full day of the program every day during
18which pupils participate and that pupils in middle school or junior
19high school attend a minimum of six hours a week or three days
20a week to accomplish program goals, except when arriving late in
21accordance
with the late arrival policy described in paragraph (1)
22or as reasonably necessary.
23(B) A pupil who attends less than one-half of the daily program
24hours shall not be counted for the purposes of attendance.
25(3) In order to develop an age-appropriate before school program
26for pupils in middle school or junior high school, programs
27established pursuant to this article may implement a flexible
28attendance schedule for those pupils. Priority for enrollment of
29pupils in middle school or junior high school shall be given to
30pupils who attend daily.
31(b) The administrators of a before school program established
32pursuant to this article shall have the option of operating during
33any combination of summer, intersession, or vacation
periods for
34a minimum of two hours per day for the regular school year
35pursuant to Section 8483.75.
36(c) Every before school program component established pursuant
37to this article shall offer a breakfast meal as described by Section
3849553 for all program participants.
P7 1(d) This section shall remain in effect only until July 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before July 1, 2017, deletes or extends that date.
Section 8483.1 is added to the Education Code, to
5read:
(a) (1) Every before school program component
7established pursuant to this article shall in no instance operate for
8less than one and one-half hours per regular schoolday. Every
9program shall establish a policy regarding reasonable late daily
10arrival of pupils to the program.
11(2) (A) It is the intent of the Legislature that elementary school
12pupils participate in the full day of the program every day during
13which pupils participate and that pupils in middle school or junior
14high school attend a minimum of six hours a week or three days
15a week to accomplish program goals, except when arriving late in
16accordance with the late
arrival policy described in paragraph (1)
17or as reasonably necessary.
18(B) A pupil who attends less than one-half of the daily program
19hours shall not be counted for the purposes of attendance.
20(3) In order to develop an age-appropriate before school program
21for pupils in middle school or junior high school, programs
22established pursuant to this article may implement a flexible
23attendance schedule for those pupils.
24(b) The administrators of a before school program established
25 pursuant to this article shall have the option of operating during
26any combination of summer, intersession, or vacation periods for
27a minimum of two hours per day for the regular school year
28pursuant to Section 8483.75.
29(c) Every before school program component established pursuant
30to this article shall offer a breakfast meal as described by Section
3149553 for all program participants.
32(d) (1) Priority for enrollment of pupils in a before school
33program shall be as follows:
34(A) First priority shall go to pupils who are identified by the
35program as homeless youth, as defined by the federal
36McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
3711434a), at the time that they apply for enrollment or at any time
38during the school year, and to pupils who are identified by the
39program as being in foster care.
P8 1(B) For programs serving middle and junior high school
pupils,
2second priority shall go to pupils who attend daily.
3(2) Nothing in this subdivision shall be construed to require a
4program to verify, or a school district to disclose to a before school
5program, that a pupil applying for or participating in the program
6is a homeless youth or foster youth.
7(3) Nothing in this subdivision shall be construed to require or
8authorize the disenrollment of a current participant in order to
9secure the enrollment of a pupil who has priority for enrollment.
10(e) A program shall inform the parent or caregiver of a pupil of
11the right of homeless children and foster children to receive priority
12enrollment and how to request priority enrollment.
13(f) For purposes of identifying a pupil who is eligible for priority
14enrollment pursuant to subdivision (d), the administrators of a
15program shall allow self-certification of the pupil as a homeless
16youth or a foster youth. Administrators of a program may also
17obtain this information through the school district liaison
18designated for homeless children if the school district has a waiver
19on file allowing for the release of this information.
20(g) This section shall become operative on July 1, 2017.
Section 8483.95 is added to the Education Code, to
22read:
It is the intent of the Legislature that a program
24established pursuant to this article shall not use its core operating
25funds for mandatory snacks or meals, but shall instead seek to
26qualify program sites as approved distribution sites for federally
27funded after school snacks or meals provided for by the National
28School Lunch Program, the Summer Food Service Program,begin insert the
29School Breakfast Program,end insert or the Child and Adult Care Food
30Program.
The Legislature finds and declares that this act furthers
32the purpose of the After School Education and Safety Program
33Act of 2002.
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