BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1567


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1567 (Campos)


          As Amended  August 17, 2016


          Majority vote


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          |ASSEMBLY:  |80-0  |(June 1, 2016) |SENATE: |39-0  |(August 22,      |
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          Original Committee Reference:  ED.




          SUMMARY:  Provides, beginning on July 1, 2017, homeless students  
          and students who are in foster care priority for enrolling in  
          before and after school programs and prohibits a program that  
          charges family fees from charging a fee to a family of a  
          homeless or foster care student.  Specifically, this bill:  


          1)Prohibits a before school or after school program funded by  
            state and federal funds from charging fees 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.  
             


          2)Strikes the provision specifying that priority for enrollment  
            of pupils in middle school or junior high school shall be  








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            given to pupils who attend daily, and instead establishes the  
            following priorities for enrollment:


             a)   First priority shall go to pupils who are identified by  
               the program as homeless youth, as defined in the federal  
               McKinney-Vento Homeless Assistance Act, 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.


          3)Specifies that nothing shall be construed to require a program  
            to verify, or a school 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.


          4)Specifies that nothing 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.  


          5)Requires a 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.


          6)Specifies that for purposes of identifying a pupil who is  
            eligible for priority enrollment on the basis of being  
            homeless, the administrators of a program shall allow  
            self-certification of the pupil as a homeless youth or a  
            foster youth.  Specifies that administrators of a program may  
            also obtain this information through the school district  
            liaison designated for homeless children, provided that the  








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            school district has a waiver on file allowing for the release  
            of this information. 


          7)Expresses the intent of the Legislature that an After School  
            Education and Safety Program (ASES) 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. 


          8)Makes declarations and findings regarding the benefits of the  
            ASES program and the need to establish priority for enrollment  
            for homeless and foster care students due to underfunding and  
            waiting lists.   


          The Senate amendments add the priority enrollment and fee  
          provisions to the Education Code sections relating to the school  
          breakfast program and add an implementation date of July 1,  
          2017.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, though this bill does not expand services, it creates  
          a potentially significant Proposition 98 of 1988 cost pressure  
          to the extent children whose families are currently able to pay  
          family fees are displaced due to priority enrollment for  
          homeless and foster youth, whose fees would be waived.  This  
          would result in forgone revenue that would have otherwise  
          supported local programs, thereby creating cost pressures on the  
          ASES program.  


          COMMENTS:  The ASES program, passed by voters as Proposition 49  
          in 2002, provides almost $550 million annually for before and  
          after school programs for approximately 405,000 kindergarten  
          through grade nine students.  After school programs must  
          commence right after school and at least until 6 p.m. for 15  








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          hours per week.  Priority for funding goes to schools where at  
          least 50% of the pupils are eligible for free or reduced-price  
          meals.  Each program is required to provide a match equal to not  
          less than one-third of the total grant.  Facilities may count  
          towards 25% of the local contribution.  


          Participating after-school programs are required to have an  
          educational and literacy component in which tutoring or homework  
          assistance is provided in one or more of the following areas:   
          language arts, mathematics, history and social science, computer  
          training, or sciences; and an educational enrichment component,  
          which may include, but is not limited to, fine arts, career  
          technical education, career exploration, recreation, physical  
          fitness and prevention activities. 


          The program requires before school programs to operate one and a  
          half hours a day and after school programs to operate after  
          school until 6 p.m. for a minimum of 15 hours per week. 


          Priority for enrollment.  This bill requires priority for  
          enrollment in before and after school programs to be given to  
          homeless youth, as defined by the federal McKinney-Vento  
          Homeless Assistance Act, and to foster care pupils.  The author  
          states that there is strong evidence that access to after school  
          and summer programs increases the likelihood of success in  
          elementary and high school, and reduces involvement in the  
          criminal justice system, but low-income youth are unable to  
          access these programs due to long wait lists and program fees.    



          Current law stipulates that priority for funding should go to  
          programs located at schools where a minimum of 50% of the pupils  
          are eligible for free or reduced-price meals.  However,  
          according to the California Department of Education (CDE), ASES  
          funds are currently allocated to programs that have an average  
          of 82% of kids eligible for free and reduced-price meals.  It is  
          possible that homeless youth and foster care pupils already make  
          up a large portion of the pupils enrolled in ASES.  If homeless  








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          youth and other low-income kids are unable to access the  
          programs, the reason may be that there are not enough slots.   
          Enrollment decisions are made at the local level between program  
          administrators and the school to accommodate the needs of  
          different communities.  The only priority mentioned under  
          current law is for middle and junior high school pupils who  
          attend daily.  Older pupils are not as interested in  
          participating in after school programs.  Prioritizing those who  
          attend daily ensures funds are used efficiently.  This bill  
          would change this category to a second priority.  


          This bill allows families to self-certify that a pupil is  
          homeless or is a foster care pupil and authorizes an ASES  
          program to obtain this information through the school district  
          liaison designated for homeless children.  


          Family fees.  This bill also prohibits programs from collecting  
          fees from homeless youth or foster care pupils.  ASES programs  
          are authorized to charge fees, but data on the number of  
          programs that charge fees is not available because this  
          information is not required to be reported to the CDE.   
          According to the CDE, some programs may charge a nominal  
          enrollment fee, while others may charge fees in order to expand  
          access to the program.    


          The sponsors, the Western Center on Law and Poverty and the  
          Children's Defense Fund - California, state, "Children who are  
          homeless and living in deep poverty are less likely to be able  
          to participate than children who are not experiencing these  
          significant challenges even when compared to other children who  
          are low-income.  This is because children who are homeless or  
          living in deep poverty are less likely to attend the same school  
          from year-to-year and less likely to afford registration fees  
          required by some afterschool programs.  This means that children  
          who could benefit most from having a safe and supportive place  
          to learn and exercise, with afterschool snacks and where they  
          are not exposed to the elements (as are children who are  
          homeless), are less likely to be able to participate."  









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          Analysis Prepared by:     Sophia Kwong Kim / ED. / (916)  
          319-2087          FN:   0004377