Amended in Senate August 17, 2016

Amended in Senate August 15, 2016

Amended in Senate June 22, 2016

Amended in Assembly May 27, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1567

Introduced by Assembly Member Campos

January 4, 2016

An act to amend, repeal, and add Sections 8482.6, 8483, and 8483.1 of, and to add Section 8483.95 to, the Education Code, relating to before and after school programs.

LEGISLATIVE COUNSEL’S DIGEST

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.

begin insert

This bill would incorporate additional changes to Sections 8482.6, 8483, and 8483.1 of the Education Code proposed by AB 2615 that would become operative if this bill and AB 2615 are both enacted on or before January 1, 2017, and this bill is enacted last.

end insert

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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The After School Education and Safety (ASES) Program
offers quality after school learning and development opportunities
that can make a difference for all of the children they serve, but
especially for low-income children.

(b) There is strong evidence that access to after school and
summer programs increases the likelihood that a child will succeed
in school and graduate from high school.

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

(d) The most significant academic gains for children enrolled
in the ASES Program occur among those who face the most
challenges.

(e) Due to significant underfunding of the ASES Program, more
than half of the program site coordinators recently reported that
they could not enroll all interested children and had resorted to the
use of a waiting list.

(f) The federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11301 et seq.) ensures the educational rights and
protections of homeless children, defined by the act as individuals
who lack a fixed, regular, and adequate nighttime residence.

(g) Until the ASES Program is funded for every child seeking
to be enrolled, children who are homeless or in foster care might
not benefit from the program without priority access and waivers
of fees.

(h) In order to ensure that participating children receive adequate
nutrition and to reduce the cost-per-child expenses of ASES
programs, it is important to encourage collaboration between local
educational agencies and other community-based organizations
sponsoring federally funded after school snack and meal programs.

SEC. 2.  

Section 8482.6 of the Education Code is amended to
read:

8482.6.  

(a) 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 determinations based on need or income.

(b) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 8482.6 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

8482.6.  

begin insert (a) end insert begin insert   end insert 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 begin delete is not required to charge family fees or conduct
individual eligibility determination based on need or income. end delete begin insert may
charge family fees. Programs that charge family fees shall waive
or reduce the cost of these fees for pupils who are eligible for free
or reduced-price meals. end insert

begin insert

(b) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.

end insert

SEC. 3.  

Section 8482.6 is added to the Education Code, to
read:

8482.6.  

(a) 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 determinations 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 for a child if
the program knows that the child is a homeless youth, as defined
by the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11434a), or for a child who the program knows is in
foster care.

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

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 8482.6 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8482.6. end insert   

(a) 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 may charge family fees. Programs that
charge family fees shall waive or reduce the cost of these fees for
pupils who are eligible for free or reduced-price meals. If a
program established pursuant to this article does charge family
fees, the program shall not charge a fee to a family for a child if
the program knows that the child is a homeless youth, as defined
by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11434a), or for a child who the program knows is in foster
care.

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

end insert

SEC. 4.  

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. 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.

(c) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.

begin insert

begin insert SEC. 4.5. 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 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 begin insert and
middle school or junior high school end insert pupils participate in the full
day of the program every day during which pupils begin delete 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. end delete begin insert participate, except as allowed by the early release policy
pursuant to paragraph (1) of this section or paragraph (2) of
subdivision (f) of Section 8483.76. end insert

(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

(c) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.

end insert

SEC. 5.  

Section 8483 is added to the Education Code, 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 the 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) (1) Priority for enrollment of pupils in an after school
program shall be as follows:

(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11434a), at the time that they apply for enrollment or at any time
during the school year, and to pupils who are identified by the
program as being in foster care.

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

(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to an after school
program, that a pupil applying for or participating in the program
is a homeless youth or a foster youth.

(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.

(d) A program shall 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.

(e) For purposes of identifying a pupil who is eligible for priority
enrollment pursuant to subdivision (c), the administrators of a
program shall allow self-certification of the pupil as a homeless
youth or a foster youth. Administrators of a program may also
obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.

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

begin insert

begin insert SEC. 5.5. end insert   

end insert

begin insert Section 8483 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8483. end insert   

(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 and
middle school or junior high school pupils participate in the full
day of the program every day during which pupils participate,
except as allowed by the early release policy pursuant to paragraph
(1) of this section or paragraph (2) of subdivision (f) of Section
8483.76.

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

(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a),
at the time that they apply for enrollment or at any time during
the school year, and to pupils who are identified by the program
as being in foster care.

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

(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to an after school
program, that a pupil applying for or participating in the program
is a homeless youth or a foster youth.

(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.

(d) A program shall 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.

(e) For purposes of identifying a pupil who is eligible for priority
enrollment pursuant to subdivision (c), the administrators of a
program shall allow self-certification of the pupil as a homeless
youth or a foster youth. Administrators of a program may also
obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.

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

end insert

SEC. 6.  

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. 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 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) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.

begin insert

begin insert SEC. 6.5. end insert   

end insert

begin insert Section 8483.1 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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
begin insert and middle school or junior high school end insert pupils participate in the
full day of the program every day during which pupils begin delete 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, end delete begin insert participate, end insert 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. 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 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.

begin insert

(d) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.

end insert

SEC. 7.  

Section 8483.1 is added to the Education Code, 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) (1) Priority for enrollment of pupils in a before school
program shall be as follows:

(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
11434a), at the time that they apply for enrollment or at any time
during the school year, and to pupils who are identified by the
program as being in foster care.

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

(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to a before school
program, that a pupil applying for or participating in the program
is a homeless youth or foster youth.

(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.

(e) A program shall 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.

(f) For purposes of identifying a pupil who is eligible for priority
enrollment pursuant to subdivision (d), the administrators of a
program shall allow self-certification of the pupil as a homeless
youth or a foster youth. Administrators of a program may also
obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.

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

begin insert

begin insert SEC. 7.5. end insert   

end insert

begin insert Section 8483.1 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 8483.1. end insert   

(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
and middle school or junior high school pupils participate in the
full day of the program every day during which pupils participate,
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) (1) Priority for enrollment of pupils in a before school
program shall be as follows:

(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a),
at the time that they apply for enrollment or at any time during
the school year, and to pupils who are identified by the program
as being in foster care.

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

(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to a before school
program, that a pupil applying for or participating in the program
is a homeless youth or foster youth.

(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.

(e) A program shall 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.

(f) For purposes of identifying a pupil who is eligible for priority
enrollment pursuant to subdivision (d), the administrators of a
program shall allow self-certification of the pupil as a homeless
youth or a foster youth. Administrators of a program may also
obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.

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

end insert

SEC. 8.  

Section 8483.95 is added to the Education Code, to
read:

8483.95.  

It is the intent of the Legislature that a program
established pursuant to this article shall not use its core operating
funds for mandatory snacks or meals, but shall instead seek to
qualify program sites as approved distribution sites for federally
funded after school snacks or meals provided for by the National
School Lunch Program, the Summer Food Service Program, the
School Breakfast Program, or the Child and Adult Care Food
Program.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert Sections 2.5 and 3.5 of this bill incorporate
amendments to Section 8482.6 of the Education Code proposed
by both this bill and Assembly Bill 2615. They shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2017, (2) each bill amends Section 8482.6 of
the Education Code, and (3) this bill is enacted after Assembly
Bill 2615, in which case Sections 2 and 3 of this bill shall not
become operative. end insert

begin insert

(b) Sections 4.5 and 5.5 of this bill incorporate amendments to
Section 8483 of the Education Code proposed by both this bill and
Assembly Bill 2615. They shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 8483 of the Education Code,
and (3) this bill is enacted after Assembly Bill 2615, in which case
Sections 4 and 5 of this bill shall not become operative.

end insert begin insert

(c) Sections 6.5 and 7.5 of this bill incorporate amendments to
Section 8483.1 of the Education Code proposed by both this bill
and Assembly Bill 2615. They shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2017, (2) each bill amends Section 8483.1 of the Education
Code, and (3) this bill is enacted after Assembly Bill 2615, in which
case Sections 6 and 7 of this bill shall not become operative.

end insert

begin delete SEC. 9. end delete

begin insert SEC. 10. end insert   

The Legislature finds and declares that this act furthers
the purpose of the After School Education and Safety Program
Act of 2002.