BILL NUMBER: AB 2615 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Wood
FEBRUARY 19, 2016
An act to amend Section 8483 Sections
8423, 84726, 8483.3, 8483.7, and 8484 of the
Education Code, relating to after school programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2615, as amended, Wood. After school programs.
Existing law establishes the 21st Century High School After
School Safety and Enrichment for Teens (High School ASSETs) program,
under the administration of the State Department of Education, and
requires a high school after school program, established as
specified, to consist of an academic assistance element and an
enrichment element that include certain things. Existing law requires
applicants for grants to ensure that certain requirements are
fulfilled. Existing law requires, to the extent possible, the
selection of applicants by the department to result in an equitable
distribution of grant awards to applicants in northern, southern, and
central California and in urban, suburban, and rural areas of the
state.
This bill would define "urban and rural areas" and "northern,
southern, and central California" for purposes of that provision
requiring, to the extent possible, equitable distribution of grant
awards across the state. The bill would authorize the department to
withhold or terminate the grant allocation of any site or program
that does not comply with specified reporting requirements.
Existing law 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 states that 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 9
hours a week and 3 days a week to accomplish program goals.
schools, as specified. Existing law requires, to the extent
possible, the selection of applicants by the department to result in
an equitable distribution of grant awards to applicants in northern,
southern, and central California and in urban, suburban, and rural
areas of California. Existing law authorizes the department to
terminate the grant of any site or program that does not comply with
specified reporting requirements.
This bill would instead state that 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 the pupils participate.
This bill would also authorize the department to withhold the
grant allocation of any site or program that does not comply with
these reporting requirements and would add audit resolutions to the
list of these reporting requirements. The bill would define "urban
and rural areas" and "northern, southern, and central California" for
purposes of the provision requiring, to the extent possible,
equitable distribution of grant awards across California.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8423 of the
Education Code is amended to read:
8423. (a) (1) The department shall select
grantees to participate in the 21st Century High School After School
Safety and Enrichment for Teens program from among applicants that
apply on forms and in a manner prescribed by the department. To the
extent possible, the selection of applicants by the department shall
result in an equitable distribution of grant awards to applicants in
northern, southern, and central California, and in urban, suburban,
and rural areas of the state.
(2) For purposes of paragraph (1), the following terms shall have
the following meanings:
(A) "Central California" means California County Superintendents
Educational Services Association regions five to eight, inclusive.
(B) "Northern California" means California County Superintendents
Educational Services Association regions one to four, inclusive.
(C) "Southern California" means California County Superintendents
Educational Services Association regions 9 to 11, inclusive.
(D) "Urban and rural areas" shall be as defined by the United
States Census Bureau.
(b) The department shall consider the following criteria in
awarding grants:
(1) Strength of the educational element and coordination with
state academic standards, preparation for the high school exit
examination, and other academic interventions.
(2) Strength of the enrichment element.
(3) Evidence of community collaboration, including demonstrated
support of the principal and staff from participating schools.
(4) A description of the manner in which programs will provide a
safe physical and emotional environment and opportunities for
relationship building, and promote active pupil engagement.
(5) A description of the manner in which the program design will
be periodically reexamined in order to maintain strong pupil
interest.
(6) A description of plans to attract pupils, particularly pupils
considered at risk or in need of academic support, on a regular
basis.
(c) The application shall certify all of the following:
(1) Completion of an assessment of pupils' preferences for program
activities.
(2) Access to, and availability of, computers and technology.
(3) Inclusion of a nutritional snack, meal, or both, and a
physical activity element.
(4) That the program will meet all of the evaluation requirements.
(5) Fiscal accountability.
(6) Collection and use of pupil social, behavioral, or skill
development data collection to support quality program improvement
processes. These pupil data outcomes may relate to specific
social-emotional competencies, including, but not necessarily limited
to, social skills, self-control, academic mindset, perseverance,
conflict resolution, and school-connectedness.
SEC. 2. Section 8426 of the Education
Code is amended to read:
8426. (a) (1) A grantee that establishes a program pursuant to
this chapter is eligible to receive a five-year grant of up to two
hundred fifty thousand dollars ($250,000) per year per site in a
program, subject to semiannual attendance reporting. Funding for a
grant shall be allocated in annual increments for a period of not
more than five years, contingent upon the availability and
appropriation of federal funds by the Legislature for those grants.
(2) The department shall notify new grantees of their award status
and dollar amount of the award, if any, in writing on or before May
15 of each year in which new grants are awarded. The grantee shall
notify the department in writing of its acceptance of the grant.
(3) A first-year grant award shall be made no later than 60 days
after enactment of the annual Budget Act and any authorizing
legislation. A grant award for the second and subsequent fiscal years
shall be made no later than 30 days after enactment of the annual
Budget Act and any authorizing legislation.
(b) The department shall allocate 25 percent of the grant amount
each year no later than 30 days after the grant award acceptance
letter is received by the department.
(c) (1) Not more than 15 percent of each annual grant amount may
be used by a grantee for administrative costs. For purposes of this
article, administrative costs shall include indirect costs. Indirect
costs shall not exceed the lesser of the following:
(A) The grantee's indirect cost rate, as approved by the
department for the appropriate fiscal year.
(B) Five percent of the state program funding received pursuant to
this article.
(2) In addition to the funding allowed for administrative costs
pursuant to paragraph (1), up to 15 percent of the first year's
annual grant award for each after school grant recipient may be used
for startup costs.
(3) Funding made available pursuant to this subdivision shall not
result in an increase in the total funding of a grantee above the
approved grant amount.
(d) Grantees are subject to semiannual attendance reporting during
each year of the grant.
(1) The department shall provide technical support for development
of a program improvement plan for grantees under either of the
following conditions:
(A) If actual pupil attendance falls below 75 percent of the
proposed levels in any year of the grant.
(B) If the grantee fails, in any year of the grant, to demonstrate
measurable outcomes pursuant to Section 8427.
(2) If the actual pupil attendance falls below 75 percent of the
proposed attendance level at the end of the second year of the grant,
the department may reduce funding for the grantee.
(3) The department shall adjust the grant level of any school in
the program that is under its proposed attendance level by more than
15 percent in each of two consecutive years.
(4) In any year, after the first grant-year period, that the
actual attendance level of a school within the program falls below 75
percent of the proposed attendance level, the department shall
perform a review of the program and may adjust the grant level as the
department deems appropriate.
(e) Notwithstanding any other provision of this section or any
other law, the department may at any time terminate the grant of a
school in a public school program that fails in three consecutive
years to meet either of the following requirements:
(1) Demonstrate program outcomes pursuant to Section 8427.
(2) Attain 75 percent of its proposed attendance levels after
having its program reviews and grant level adjusted by the
department.
(f) 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.
(g) (1) The administrator of a program may supplement, but not
supplant, existing funding for after school programs with grant funds
awarded pursuant to this article.
(2) In addition to administrative costs, a program participant may
expend up to the greater of 6 percent of its state funding or seven
thousand five hundred dollars ($7,500) to collect outcome data for
evaluation and for reports to the department.
(3) All state funding awarded to a program pursuant to this
article that remains after subtracting the administrative costs,
startup costs, and outcome data costs authorized by subdivisions (c)
and (d) shall be allocated to the program site for direct services to
pupils.
(h) When determining grant award amounts after each grant year,
the department may consider whether a program is operating consistent
with the terms of its application, including whether the number of
pupils served on a regular basis is consistent with the number
estimated, and may consider the strength of any justifications or
future plans offered by the program to address inconsistencies with
the terms of the application. If the department finds that a program
is not operating consistent with the terms of its application, the
department may take appropriate action, including denying grant
awards or reducing the level of grant funding.
(i) The department may withhold or terminate the grant allocation
of any site or program that does not comply with audit resolutions,
fiscal reporting, attendance reporting, or outcomes reporting
requirements required by the department.
SEC. 3. Section 8483.3 of the
Education Code , as amended by Section 14 of Chapter
370 of the Statutes of 2014, is amended to read:
8483.3. (a) The department shall select applicants to participate
in the program established pursuant to this article from among
applicants that apply on forms and in a manner prescribed by the
department. It is the intent of the Legislature that the manner
prescribed by the department, to the extent possible, allow for short
and concise applicant responses. To the extent possible,
the selection of applicants by the department shall result in an
equitable distribution of grant awards pursuant to Section 8483.7 to
applicants in northern, southern, and central California, and in
urban, suburban, and rural areas of California.
(b) The department shall consider the following in selecting
schools to participate in the program established pursuant to this
article:
(1) Percentage of pupils eligible for free and reduced-price
lunch.
(2) Other indicators of need for the program, including, but not
limited to, socioeconomic status of the neighborhoods in which
participating pupils reside, the percentage of English language
learners at the school, and the availability of programs in the
community in which participating pupils reside.
(c) The application shall certify all of the following:
(1) Inclusion of an educational element.
(2) Inclusion of an enrichment element. These opportunities may
include arts, career technical education, recreation, technology, and
other activities to support positive youth development.
(3) That the program will provide a safe physical and emotional
environment, opportunities for relationship building, and promote
active pupil engagement.
(4) Staff training and development will be provided.
(5) Integration with the regular schoolday and other expanded
learning opportunities.
(6) Community collaboration, including, but not limited to,
demonstrated support of the schoolsite principal and staff.
(7) Opportunities for physical activity.
(8) Inclusion of a nutritional snack, meal, or both.
(9) Fiscal accountability.
(10) Availability of required local matching funds.
(11) That the program will meet all of the evaluation
requirements.
(12) Collection and use of pupil social, behavioral, or skill
development data collection to support quality program improvement
processes. These pupil data outcomes may relate to specific
social-emotional competencies, including, but not necessarily limited
to, social skills, self-control, academic mindset, perseverance,
conflict resolution, and school-connectedness.
(d) Subdivision (b) does not apply to an applicant school that
meets the priority criteria described in subdivision (a) of Section
8482.5.
SEC. 4. 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 withhold or terminate the grant
allocation of any site or program that does not comply
with audit resolutions, 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 required by
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 seven
dollars and fifty cents ($7.50) per pupil per day of pupil
attendance that the program plans to serve, with a maximum total
grant of thirty-seven dollars and fifty cents ($37.50) per projected
pupil per week, and a formula of seven dollars and fifty cents
($7.50) 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) 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.
SEC. 5. Section 8484 of the Education
Code is amended to read:
8484. (a) As required by the department, programs established
pursuant to this article shall submit annual outcome-based data for
evaluation. The department may consider these outcomes when
determining eligibility for grant renewal.
(1) To demonstrate program effectiveness, grantees shall submit,
using the unique statewide pupil identifiers, for participating
pupils who are unduplicated pupils, both of the following:
(A) Schoolday attendance on an annual basis.
(B) Program attendance on a semiannual basis.
(2) Programs shall submit evidence of a data-driven program
quality improvement process that is based on the department's
guidance on program quality standards developed pursuant to paragraph
(3).
(3) The department may develop additional measures for this
subdivision subdivision, including, but
not limited to, program quality standards. Additions shall be
developed in consultation with the evaluation committee of the
advisory committee.
(4) Programs shall submit information adopted through the process
outlined in subdivision (c).
(b) (1) If a program consistently fails to demonstrate measurable
program outcomes for three consecutive years, the department may
terminate the program as described in subdivision (a) of Section
8483.7. The department shall consider multiple outcomes and not rely
on one outcome in isolation.
(2) For purposes of this section, "consistently fails to
demonstrate measurable program outcomes" means failure to meet
program effectiveness requirements pursuant to the criteria in
paragraphs (1) and (2) of subdivision (a).
(3) Measurable program outcomes may be demonstrated by, but are
not limited to, comparing pupils participating in the program to
nonparticipating pupils at the same schoolsite.
(c) The department shall develop standardized procedures and tools
to collect the indicators in paragraphs (1) and (2) of subdivision
(a). The department shall consult with the evaluation committee of
the Advisory Committee on Before and After School Programs pursuant
to Section 8484.9.
(d) (1) To the extent possible, the selection of applicants by the
department pursuant to this article shall result in an equitable
distribution of grant awards to applicants in northern, southern, and
central California, and in urban, suburban, and rural areas of the
state.
(2) For purposes of paragraph (1), the following terms shall have
the following meanings:
(A) "Central California" means California County Superintendents
Educational Services Association regions five to eight, inclusive.
(B) "Northern California" means California County Superintendents
Educational Services Association regions one to four, inclusive.
(C) "Southern California" means California County Superintendents
Educational Services Association regions 9 to 11, inclusive.
(D) "Urban and rural areas" shall be as defined by the United
States Census Bureau.
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 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.
(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.