Amended in Assembly April 25, 2016

Amended in Assembly April 5, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2615


Introduced by Assembly Member Wood

February 19, 2016


An act to amend Sections 8422, 8423, 8426, 8427, 8482.3, 8482.4, 8482.6, 8482.8, 8483.3, 8483.7,begin delete 8484,end delete and 8484.8 of, and add Section 8426.5 to, the Education Code, relating to after school programs.

LEGISLATIVE COUNSEL’S DIGEST

AB 2615, as amended, Wood. After school programs.

(1) Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens 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.

This bill would, among other things, (1) authorize a school program participating in the state program to charge family fees, as specified, (2) authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the department, and (3) allow participating school programs to transfer program services to another schoolsite within the same local educational agency under specified circumstances.

(2) Existing law establishes the After School Education and Safety Program (ASES) to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools, as specified.

This bill would, among other things, (1) specify that grades to be served by participating school programs may be determined by localbegin delete needs,end deletebegin insert needs andend insert (2) require participating school programs that charge family fees to waive or reduce the cost of these fees for pupils who are eligible for free or reduced-pricebegin delete meals, and (3) define “urban and rurals areas” and “northern, southern, and central California” for purposes of a specified provision of the ASES requiring, to the extent possible, equitable distribution of grant awards across the state.end deletebegin insert meals.end insert

(3) Existing law states the intent of the Legislature that the 21st Century Community Learning Centers (21st CCLC) program contained within a specified federal act complement ASES. Existing law requires at least 40% of the total amount appropriated pursuant to the 21st CCLC program, except as specified, to be allocated to programs serving elementary and middle school pupils and at least 50% of the total amount appropriated, except as specified, to be allocated on a priority basis for after school grants to community learning centers serving high school pupils.

This bill would require the department to allocate those funds to each geographic region of the state, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 8422 of the Education Code is amended
2to read:

3

8422.  

(a) Priority for funding pursuant to this article shall be
4given to programs that previously received funding pursuant to
5Section 8421, for expansion of existing grants up to the per site
6maximum established under paragraph (1) of subdivision (a) of
7Section 8426, or to replace expiring grants that have satisfactorily
8met their projected attendance goals.

9(b) A program established pursuant to this article shall be
10planned through a collaborative process that includes parents,
11pupils, representatives of participating schools, governmental
12agencies, including city and county parks and recreation
P3    1departments, community organizations, law enforcement, and, if
2appropriate, the private sector.

3(c) Every pupil attending a school operating a program pursuant
4to this article is eligible to participate in the program, subject to
5program capacity. A program established pursuant to this article
6may charge family fees. Programs that charge family fees shall
7waive or reduce the cost of these fees for pupils who are eligible
8for free or reduced-price meals.

9(d) A program established pursuant to this article shall have the
10option of operating under either of the following modes:

11(1) After school only.

12(2) After school and during any combination of before school,
13weekends, summer, intersession, and vacation.

14

SEC. 2.  

Section 8423 of the Education Code is amended to
15read:

16

8423.  

(a) (1)  The department shall select grantees to
17participate in the 21st Century High School After School Safety
18and Enrichment for Teens program from among applicants that
19apply on forms and in a manner prescribed by the department. To
20the extent possible, the selection of applicants by the department
21shall result in an equitable distribution of grant awards to applicants
22in northern, southern, and central California, and in urban and rural
23areas of the state.

24(2) For purposes of paragraph (1), the following terms shall
25have the following meanings:

26(A) “Central California” means California County
27Superintendents Educational Services Association regions five to
28eight, inclusive.

29(B) “Northern California” means California County
30Superintendents Educational Services Association regions one to
31four, inclusive.

32(C) “Southern California” means California County
33Superintendents Educational Services Association regions 9 to 11,
34inclusive.

35(D) “Urban and rural areas” shall be as defined by the United
36States Census Bureau.

37(b) The department shall consider the following criteria in
38awarding grants:

begin insert end insert

P4    1(1) Strength of the educational element and coordination with
2state academic standards, preparation for the high school exit
3examination, and other academic interventions.

4(2) Strength of the enrichment element.

5(3) Evidence of community collaboration, including
6demonstrated support of the principal and staff from participating
7schools.

8(4) A description of the manner in which programs will provide
9a safe physical and emotional environment and opportunities for
10relationship building, and promote active pupil engagement.

11(5) A description of the manner in which the program design
12will be periodically reexamined in order to maintain strong pupil
13interest.

14(6) A description of plans to attract pupils, particularly pupils
15considered at risk or in need of academic support, on a regular
16basis.

17(c) The application shall certify all of the following:

18(1) Completion of an assessment of pupils’ preferences for
19program activities.

20(2) Access to, and availability of, computers and technology.

21(3) Inclusion of a nutritional snack, meal, or both, and a physical
22activity element.

23(4) That the program will meet all of the evaluation
24requirements.

25(5) Fiscal accountability.

26(6) Collection and use of pupil social, behavioral, or skill
27development data collection to support quality program
28improvement processes. These pupil data outcomes may relate to
29specific social-emotional competencies, including, but not
30necessarily limited to, social skills, self-control, academic mindset,
31perseverance, conflict resolution, and school-connectedness.

32

SEC. 3.  

Section 8426 of the Education Code is amended to
33read:

34

8426.  

(a) (1) A grantee that establishes a program pursuant
35to this chapter is eligible to receive a five-year grant of up to two
36hundred fifty thousand dollars ($250,000) per year per site in a
37program, subject to semiannual attendance reporting. Funding for
38a grant shall be allocated in annual increments for a period of not
39more than five years, contingent upon the availability and
40appropriation of federal funds by the Legislature for those grants.

P5    1(2) The department shall notify new grantees of their award
2status and dollar amount of the award, if any, in writing on or
3before May 15 of each year in which new grants are awarded. The
4grantee shall notify the department in writing of its acceptance of
5the grant.

6(3) A first-year grant award shall be made no later than 60 days
7after enactment of the annual Budget Act and any authorizing
8legislation. A grant award for the second and subsequent fiscal
9years shall be made no later than 30 days after enactment of the
10annual Budget Act and any authorizing legislation.

11(4) A grantee who receives funds pursuant to this article as part
12of a partnership or consortium may restructure the partnership or
13consortium if all of the following conditions are met:

14(A) All partners or consortium members agree to the restructure.

15(B) The new consortia or partnership structure, or structures,
16complies with the requirements of paragraph (8) of subdivision
17(f) of Section 8421, as applicable.

18(C) There is no change in the school, or schools, served by the
19restructured partnership or consortium.

20(D) The department agrees to the restructure.

21(b) The department shall allocate 25 percent of the grant amount
22each year no later than 30 days after the grant award acceptance
23letter is received by the department.

24(c) (1) Not more than 15 percent of each annual grant amount
25may be used by a grantee for administrative costs. For purposes
26of this article, administrative costs shall include indirect costs.
27Indirect costs shall not exceed the lesser of the following:

28(A) The grantee’s indirect cost rate, as approved by the
29department for the appropriate fiscal year.

30(B) Five percent of the state program funding received pursuant
31to this article.

32(2) In addition to the funding allowed for administrative costs
33pursuant to paragraph (1), up to 15 percent of the first year’s annual
34grant award for each after school grant recipient may be used for
35startup costs.

36(3) Funding made available pursuant to this subdivision shall
37not result in an increase in the total funding of a grantee above the
38approved grant amount.

39(d) Grantees are subject to semiannual attendance reporting
40during each year of the grant.

P6    1(1) The department shall provide technical support for
2development of a program improvement plan for grantees under
3either of the following conditions:

4(A) If actual pupil attendance falls below 75 percent of the
5proposed levels in any year of the grant.

6(B) If the grantee fails, in any year of the grant, to demonstrate
7measurable outcomes pursuant to Section 8427.

8(2) If the actual pupil attendance falls below 75 percent of the
9proposed attendance level at the end of the second year of the
10grant, the department may reduce funding for the grantee.

11(3) The department shall adjust the grant level of any school in
12the program that is under its proposed attendance level by more
13than 15 percent in each of two consecutive years.

14(4) In any year, after the first grant-year period, that the actual
15attendance level of a school within the program falls below 75
16percent of the proposed attendance level, the department shall
17perform a review of the program and may adjust the grant level
18as the department deems appropriate.

19(e) Notwithstanding any other provision of this section or any
20other law, the department may at any time terminate the grant of
21a school in a public school program that fails in three consecutive
22years to meet either of the following requirements:

23(1) Demonstrate program outcomes pursuant to Section 8427.

24(2) Attain 75 percent of its proposed attendance levels after
25having its program reviews and grant level adjusted by the
26department.

27(f) The department shall create a process to allow a grantee to
28voluntarily lower its annual grant amount if one or more sites are
29unable to meet the proposed pupil attendance levels by the end of
30the second year of the grant.

31(g) (1) The administrator of a program may supplement, but
32not supplant, existing funding for after school programs with grant
33funds awarded pursuant to this article.

34(2) In addition to administrative costs, a program participant
35may expend up to the greater of 6 percent of its state funding or
36seven thousand five hundred dollars ($7,500) to collect outcome
37data for evaluation and for reports to the department.

38(3) All state funding awarded to a program pursuant to this
39article that remains after subtracting the administrative costs,
40startup costs, and outcome data costs authorized by subdivisions
P7    1(c) and (d) shall be allocated to the program site for direct services
2to pupils.

3(h) When determining grant award amounts after each grant
4year, the department may consider whether a program is operating
5consistent with the terms of its application, including whether the
6number of pupils served on a regular basis is consistent with the
7number estimated, and may consider the strength of any
8justifications or future plans offered by the program to address
9inconsistencies with the terms of the application. If the department
10finds that a program is not operating consistent with the terms of
11its application, the department may take appropriate action,
12including denying grant awards or reducing the level of grant
13funding.

14(i) The department may withhold or terminate grant allocation
15of any site or program that does not comply with audit resolutions,
16fiscal reporting, attendance reporting, or outcomes reporting
17requirements required by the department.

18(j) If a program grantee is temporarily prevented from operating
19its entire program due to natural disaster, civil unrest, or imminent
20danger to pupils or staff, the department may approve a request
21by the grantee for pupil attendance credits equal to the average
22annual attendance that the grantee would have received if it had
23been able to operate its entire program during that time period.

24

SEC. 4.  

Section 8426.5 is added to the Education Code, to
25read:

26

8426.5.  

(a) (1) If there is a significant barrier to pupil
27participation in a program established pursuant to this article at
28the school of attendance, a grantee may request approval from the
29department to transfer program services to another schoolsite within
30the same local educational agency. The schoolsite to which the
31program will be transferred shall satisfy either of the following
32requirements:

33(A) The schoolsite shall receive pupils from, and have a grant
34of the same type awarded pursuant to this article as, the transferring
35school.

36(B) The schoolsite shall not have a 10-percent lower percentage
37of pupils eligible for free or reduced-price meals than the
38 transferring school. If the proposed schoolsite is not yet open,
39feeder school free or reduced-price meal data, as determined by
P8    1the department, shall be considered in evaluating the proposed
2transfer.

3(2) The schoolsite shall not increase the funding at the proposed
4schoolsite above the maximum after school grant amount
5established under paragraph (1) of subdivision (a) of Section 8426.
6An applicant that requests approval to transfer program services
7shall describe the manner in which the applicant intends to provide
8safe, supervised transportation; ensure communication among
9teachers in the regular school program, staff in the before school
10and after school components of the program, and parents of pupils;
11and coordinate the educational and literacy component of the before
12and after school components of the program with the regular school
13programs of participating pupils.

14(b) For purposes of this article, a significant barrier to pupil
15participation in the before or after school component of a program
16established pursuant to this chapter means any of the following:

17(1) Fewer than 20 pupils participating in the component of the
18program.

19(2) Extreme transportation constraints, including, but not limited
20to, desegregation bussing, bussing for magnet or open enrollment
21schools, or pupil dependence on public transportation.

22(3) A local educational agency opens a new schoolsite and either
23merges the program of an existing schoolsite with the new
24schoolsite or splits the program of the existing schoolsite with the
25new schoolsite so that the existing schoolsite is subject to a grant
26reduction pursuant to subdivision (d) of Section 8426.

27

SEC. 5.  

Section 8427 of the Education Code is amended to
28read:

29

8427.  

(a) A high school after school program established
30pursuant to this article shall submit to the department annual
31outcome-based data for evaluation.

32(1) To demonstrate program effectiveness, grantees shall submit,
33using the unique statewide pupil identifiers for participating pupils
34who are unduplicated pupils, both of the following:

35(A) Schoolday attendance on an annual basis.

36(B) Program attendance on a semiannual basis.

37(2) Programs shall submit evidence of a data-driven program
38quality improvement process that is based on the department’s
39guidance on program quality standards developed pursuant to
40paragraph (3).

P9    1(3) The department may develop additional measures to
2demonstrate program effectiveness, including, but not limited to,
3program quality standards. Additions shall be developed in
4consultation with the advisory committee pursuant to Section
58484.9.

6(4) Programs shall submit information to the department through
7the process used in subdivision (b) of Section 8421.5.

8(b) (1) If a program consistently fails to demonstrate measurable
9program outcomes for three consecutive years, the department
10may terminate the program pursuant to the process described in
11subdivision (e) of Section 8426. The department shall consider
12multiple outcomes and not rely on one outcome in isolation.

13(2) For purposes of this subdivision, “consistently fails to
14demonstrate measurable program outcomes” means failure to meet
15program effectiveness requirements pursuant to the criteria in
16paragraphs (1) and (2) of subdivision (a).

17(3) Measurable program outcomes may be demonstrated by,
18but are not limited to, the following methods:

19(A) Comparing pupils participating in the program to
20nonparticipating pupils at the same schoolsite.

21(B) Pupils participating in the program demonstrate
22improvement on one or more indicators collected by the program
23pursuant to this section.

24(c) The department shall identify or develop standardized
25procedures and tools to collect the indicators in paragraphs (1) and
26(2) of subdivision (a) in accordance with the recommendations
27made pursuant to paragraph (5) of subdivision (h) of Section
288484.9.

29

SEC. 6.  

Section 8482.3 of the Education Code is amended to
30read:

31

8482.3.  

(a) The After School Education and Safety Program
32shall be established to serve pupils in kindergarten and grades 1
33to 9, inclusive, at participating public elementary, middle, junior
34high, and charter schools. The grades to be served by the program
35at participating schools may be determined by local needs.

36(b) A program may operate a before school component of a
37program, an after school component, or both the before and after
38school components of a program, on one or multiple schoolsites.
39If a program operates at multiple schoolsites, only one application
40shall be required for its establishment.

P10   1(c) (1) Each component of a program established pursuant to
2this article shall consist of the following two elements:

3(A) An educational and literacy element in which tutoring or
4homework assistance is provided in one or more of the following
5areas: language arts, mathematics, history and social science,
6computer training, or science.

7(B) An educational enrichment element that may include, but
8need not be limited to, fine arts, career technical education,
9recreation, physical fitness, and prevention activities.

10(2) Notwithstanding any other provision of this article, the
11majority of the time spent by a pupil who is in kindergarten or any
12of grades 1 to 9, inclusive, and who is participating in a career
13technical education element of a program established pursuant to
14this article shall be at a site that complies with Section 8484.6.

15(d) (1) Applicants shall agree that snacks made available
16through a program shall conform to the nutrition standards in
17Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
1827 of Division 4 of Title 2.

19(2) Applicants shall agree that meals made available through a
20program shall conform to the nutrition standards of the United
21States Department of Agriculture’s at-risk afterschool meal
22component of the Child and Adult Care Food Program (42 U.S.C.
23Sec. 1766).

24(e) Applicants for programs established pursuant to this article
25may include any of the following:

26(1) A local educational agency, including, but not limited to, a
27charter school, the California School for the Deaf (northern
28California), the California School for the Deaf (southern
29California), and the California School for the Blind.

30(2) A city, county, or nonprofit organization in partnership with,
31and with the approval of, a local educational agency or agencies.

32(f) Applicants for grants pursuant to this article shall ensure that
33each of the following requirements is fulfilled, if applicable:

34(1) The application documents the commitments of each partner
35to operate a program on that site or sites.

36(2) The application has been approved by the school district, or
37the charter school governing body, and the principal of each
38participating school for each schoolsite or other site.

39(3) Each partner in the application agrees to share responsibility
40for the quality of the program.

P11   1(4) The application designates the public agency or local
2educational agency partner to act as the fiscal agent. The fiscal
3agent may be changed upon approval by the department if the new
4fiscal agent is a local educational agency or public agency partner.
5For purposes of this section, “public agency” means only a county
6board of supervisors or, if the city is incorporated or has a charter,
7a city council.

8(5) Applicants agree to follow all fiscal reporting and auditing
9standards required by the department.

10(6) Applicants agree to incorporate into the program both of the
11elements required pursuant to subdivision (c).

12(7) Applicants agree to provide information to the department
13for the purpose of program evaluation pursuant to Section 8483.55.

14(8) Applicants shall certify that program evaluations will be
15based upon Section 8484 and upon any requirements recommended
16by the Advisory Committee on Before and After School Programs
17 and adopted by the state board, in compliance with subdivision
18(g) of Section 8482.4.

19(9) The application states the targeted number of pupils to be
20served by the program.

21(10) Applicants agree to provide the following information on
22participating pupils to the department:

23(A) Schoolday attendance rates.

24(B) Program attendance.

25(g) (1) Grantees shall review their after school program plans
26every three years, including, but not limited to, all of the following:

27(A) Program goals. A grantee may specify any new program
28goals that will apply to the following three years during the grant
29renewal process.

30(B) Program content, including the elements identified in
31subdivision (c).

32(C) Outcome measures selected from those identified in
33subdivision (a) of Section 8484 that the grantee will use for the
34next three years.

35(D) Any other information requested by the department.

36(E) If the program goals or outcome measures change as a result
37of this review, the grantee shall notify the department in a manner
38prescribed by the department.

39(F) The grantee shall maintain documentation of the after school
40program plan for a minimum of five years.

P12   1(2) The department shall monitor this review as part of its onsite
2monitoring process.

3

SEC. 7.  

Section 8482.4 of the Education Code is amended to
4read:

5

8482.4.  

(a) The department shall review applications submitted
6under this article to determine whether the applicable requirements
7in subdivision (f) of Section 8482.3 have been fulfilled.

8(b) The department shall use the per-pupil formulas established
9pursuant to subparagraph (C) of paragraph (1) of subdivision (a)
10of Section 8483.7 and the targeted number of pupils to be served,
11as established pursuant to paragraph (9) of subdivision (f) of
12Section 8482.3, to determine the appropriate grant amount.

13(c) (1)  A grantee that establishes a program pursuant to this
14chapter is eligible to receive a three-year renewable grant subject
15to semi-annual reporting. Funding for a grant shall be allocated in
16annual increments for a period of not more than three years,
17contingent upon the availability of funds for those grants pursuant
18to Section 8483.5.

19(2) A grantee who receives funds pursuant to this article as part
20of a partnership or consortium may restructure the partnership or
21consortium if all of the following conditions are met:

22(A) All partners of the partnership or consortium agree to the
23restructure.

24(B) The new consortia or partnership structure, or structures,
25complies with the requirements of subdivision (f) of Section
268482.3, as applicable.

27(C) There is no change in the school, or schools, served by the
28restructured partnership or consortium.

29(D) The department approves the restructure.

30(3) Restructure of a partnership or consortium pursuant to
31paragraph (2) may occur only at the time of grant renewal pursuant
32to the requirements of this article.

33(d) The department shall notify new grantees of their award
34status and dollar amount of the award, if any, in writing on or
35before May 15 of each year in which new grants are awarded.

36(e) A first-year grant award shall be made no later than 60 days
37after enactment of the annual Budget Act and any authorizing
38legislation. A grant award for the second and subsequent fiscal
39years shall be made no later than 30 days after enactment of the
40annual Budget Act and any authorizing legislation.

P13   1(f) The department shall allocate 65 percent of the first-year
2grant amount no later than 30 days after the grantee submits the
3grant award acceptance letter to the department. Of the remaining
435 percent of the grant, the department shall allocate 25 percent
5or more of the funds within the operational period of the program
6and may retain up to 10 percent of the total grant until all
7administrative requirements of the grant have been met. For the
8second and subsequent years of the grant, the department shall
9allocate 65 percent of the annual grant amount for that year no
10later than 30 days after the annual Budget Act becomes effective.
11Of the remaining 35 percent of the grant, the department shall
12allocate 25 percent or more of the funds within the operational
13period of the program and may retain up to 10 percent of the total
14grant until all administrative requirements of the grant have been
15met.

16(g) The Advisory Committee on Before and After School
17Programs shall make recommendations on reporting requirements
18for program evaluation and review consistent with subdivision (b)
19of Section 8483.55 to the department on or before June 30, 2007.
20The department shall review the committee’s recommendations
21and present them, along with the department’s recommendations,
22to the state board on or before September 30, 2007. The state board
23shall adopt requirements for program evaluation and review on or
24before November 30, 2007.

25(h) (1) The department shall provide notice to all schools
26eligible for grants pursuant to this article regarding the availability
27of those grants and the application process.

28(2) The department shall make the application available through
29its Internet Web site. The department shall determine the dates by
30which applications will be periodically considered for funding.

31

SEC. 8.  

Section 8482.6 of the Education Code is amended to
32read:

33

8482.6.  

Every pupil attending a school operating a program
34pursuant to this article is eligible to participate in the program,
35subject to program capacity. A program established pursuant to
36this article may charge family fees. Programs that charge family
37fees shall waive or reduce the cost of these fees for pupils who are
38eligible for free or reduced-price meals.

39

SEC. 9.  

Section 8482.8 of the Education Code is amended to
40read:

P14   1

8482.8.  

(a) (1) If there is a significant barrier to pupil
2participation in a program established pursuant to this article at
3the school of attendance, a grantee may request approval from the
4department to transfer program services to another schoolsite within
5the same local educational agency. The schoolsite to which the
6program will be transferred shall satisfy either of the following
7requirements:

8(A) The schoolsite shall agree to receive pupils from, and have
9an existing grant of the same type as, the school of attendance with
10the pupil participation barrier.

11(B) The schoolsite shall not have a 10-percent lower percentage
12of pupils eligible for free or reduced-price meals than the school
13of attendance with the pupil participation barrier. If the proposed
14schoolsite is not yet open, feeder school free or reduced-price meal
15data, as determined by the department, shall be considered in
16evaluating the proposed transfer.

17(2)  The schoolsite shall not increase the funding at the proposed
18schoolsite above the maximum after school grant amount
19established in subparagraph (C) of paragraph (1) of subdivision
20(a) of Section 8483.7. An applicant that requests approval to
21transfer program services shall describe the manner in which the
22applicant intends to provide safe, supervised transportation; ensure
23communication among teachers in the regular school program,
24staff in the before school and after school components of the
25program, and parents of pupils; and coordinate the educational and
26literacy component of the before and after school components of
27the program with the regular school programs of participating
28pupils.

29(b) For purposes of this article, a significant barrier to pupil
30participation in the before or after school component of a program
31established pursuant to this chapter means any of the following:

32(1) Fewer than 20 pupils participating in the component of the
33program.

34(2) Extreme transportation constraints, including, but not limited
35to, desegregation bussing, bussing for magnet or open enrollment
36schools, or pupil dependence on public transportation.

37(3) A local educational agency opens a new schoolsite and either
38merges the program of an existing schoolsite with the new
39schoolsite or splits the program of an existing schoolsite with the
40new schoolsite so that the existing schoolsite is subject to a grant
P15   1reduction pursuant to subparagraph (A) of paragraph (1) of
2subdivision (a) of Section 8483.7.

3(c) In addition to the authority to transfer funds among school
4programs pursuant to Sections 8483.7 and 8483.75, and in addition
5to the flexibility provided by subdivisions (a) and (b), a program
6grantee that is temporarily prevented from operating a program
7established pursuant to this article at the program site due to natural
8disaster, civil unrest, or imminent danger to pupils or staff may
9shift program funds to the sites of other programs established
10pursuant to this article to meet attendance targets during that time
11period.

12(d) If a program grantee is temporarily prevented from operating
13its entire program due to natural disaster, civil unrest, or imminent
14danger to pupils or staff, the department maybegin delete recommend, and the
15state board may approve,end delete
begin insert approveend insert a request by the grantee for
16begin delete paymentend deletebegin insert student attendance creditsend insert equal to thebegin delete amount of fundingend delete
17begin insert average annual attendance thatend insert the grantee would have received
18if it had been able to operate its entire program during that time
19period.

20(e) Upon the request of a program grantee, thebegin delete state boardend delete
21begin insert departmentend insert may approve other unforeseen events as qualifying a
22program grantee to use the authority provided by subdivisions (c)
23and (d).

24

SEC. 10.  

Section 8483.3 of the Education Code, as amended
25by Section 14 of Chapter 370 of the Statutes of 2014, is amended
26to read:

27

8483.3.  

(a) The department shall select applicants to participate
28in the program established pursuant to this article from among
29applicants that apply on forms and in a manner prescribed by the
30department. It is the intent of the Legislature that the manner
31prescribed by the department, to the extent possible, allow for short
32and concise applicant responses.

33(b) The department shall consider the following in selecting
34schools to participate in the program established pursuant to this
35article:

36(1) Percentage of pupils eligible for free and reduced-price
37lunch.

38(2) Other indicators of need for the program, including, but not
39limited to, socioeconomic status of the neighborhoods in which
40participating pupils reside, the percentage of English language
P16   1learners at the school, and the availability of programs in the
2community in which participating pupils reside.

3(c) The application shall certify all of the following:

4(1) Inclusion of an educational element.

5(2) Inclusion of an enrichment element. These opportunities
6may include arts, career technical education, recreation, technology,
7and other activities to support positive youth development.

8(3) That the program will provide a safe physical and emotional
9environment, opportunities for relationship building, and promote
10active pupil engagement.

11(4) Staff training and development will be provided.

12(5) Integration with the regular schoolday and other expanded
13learning opportunities.

14(6) Community collaboration, including, but not limited to,
15demonstrated support of the schoolsite principal and staff.

16(7) Opportunities for physical activity.

17(8) Inclusion of a nutritional snack, meal, or both.

18(9) Fiscal accountability.

19(10) Availability of required local matching funds.

20(11) That the program will meet all of the evaluation
21requirements.

22(12) Collection and use of pupil social, behavioral, or skill
23development data collection to support quality program
24improvement processes. These pupil data outcomes may relate to
25specific social-emotional competencies, including, but not
26necessarily limited to, social skills, self-control, academic mindset,
27perseverance, conflict resolution, and school-connectedness.

28(d) Subdivision (b) does not apply to an applicant school that
29meets the priority criteria described in subdivision (a) of Section
308482.5.

31

SEC. 11.  

Section 8483.7 of the Education Code is amended to
32read:

33

8483.7.  

(a) (1) (A) Each school that establishes a program
34pursuant to this article is eligible to receive a three-year after school
35grant, that shall be awarded in three one-year increments and is
36subject to semiannual attendance reporting and requirements as
37described in Section 8482.3 once every three years.

38(i) The department shall provide technical support for
39development of a program improvement plan for grantees under
40the following conditions:

P17   1(I) If actual pupil attendance falls below 75 percent of the target
2attendance level in any year of the grant.

3(II) If the grantee fails, in any year of the grant, to demonstrate
4measurable outcomes pursuant to Section 8484.

5(ii) The department shall adjust the grant level of any school
6within the program that is under its targeted attendance level by
7more than 15 percent in each of two consecutive years.

8(iii) In any year after the initial grant year, if the actual
9attendance level of a school within the program falls below 75
10percent of the target attendance level, the department shall perform
11a review of the program and adjust the grant level as the department
12deems appropriate.

13(iv) The department shall create a process to allow a grantee to
14voluntarily lower its annual grant amount if one or more sites are
15unable to meet the proposed pupil attendance levels by the end of
16the second year of the grant.

17(v) A grantee who has had its grant amount reduced may
18subsequently request an increase in funding up to the maximum
19grant amounts provided under this subdivision.

20(vi) The department may withhold or terminate the grant
21allocation of any site or program that does not comply with audit
22resolutions, fiscal reporting, attendance reporting, or outcomes
23reporting requirements required by the department.

24(vii) Notwithstanding any other provision of this subdivision
25or any other law, after the technical assistance required under
26clause (i) has been provided, the department may at any time
27terminate the grant of a school in a program that fails for three
28consecutive years to meet either of the following requirements:

29(I) Demonstrate measurable program outcomes pursuant to
30Section 8484.

31(II) Attain 75 percent of its proposed attendance level after
32having had its program reviewed and grant level adjusted by the
33department.

34(B) After school grants may be awarded to applicants that have
35demonstrated readiness to begin operation of a program or to
36expand existing programs.

37(C) The maximum total after school grant amount awarded
38annually pursuant to this paragraph shall be one hundred twelve
39thousand five hundred dollars ($112,500) for each regular school
40year for each elementary school and one hundred fifty thousand
P18   1dollars ($150,000) for each regular school year for each middle or
2junior high school. The Superintendent shall determine the total
3annual after school grant amount for which a site is eligible based
4on a formula of seven dollars and fifty cents ($7.50) per pupil per
5day of pupil attendance that the program plans to serve, with a
6maximum total grant of thirty-seven dollars and fifty cents ($37.50)
7per projected pupil per week, and a formula of seven dollars and
8fifty cents ($7.50) per projected pupil per day of staff development,
9with a maximum of three staff development days per year. A
10program may provide the three days of staff development during
11regular program hours using funds from the total grant award.

12(2) For large schools, the maximum total grant amounts
13described in paragraph (1) may be increased based on the following
14formulas, up to a maximum amount of twice the respective limits
15specified in paragraph (1):

16(A) For elementary schools, multiply one hundred thirteen
17dollars ($113) by the number of pupils enrolled at the schoolsite
18for the normal schoolday program that exceeds 600.

19(B) For middle schools, multiply one hundred thirteen dollars
20($113) by the number of pupils enrolled at the schoolsite for the
21normal schoolday program that exceeds 900.

22(3) The maximum total grant amounts set forth in subparagraph
23(C) of paragraph (1) may be increased from any funds made
24available for this purpose in the annual Budget Act for participating
25schools that have pupils on waiting lists for the program. Grants
26may be increased by the lesser of an amount that is either 25
27percent of the current maximum total grant amount or equal to the
28proportion of pupils unserved by the program as measured by
29documented waiting lists as of January 1 of the previous grant
30year, compared to the actual after school enrollment on the same
31date. The amount of the required cash or in-kind matching funds
32shall be increased accordingly. First priority for an increased
33maximum grant pursuant to this paragraph shall be given to schools
34that qualify for funding pursuant to subdivision (b) of Section
358482.55. Second priority shall be given to schools that receive
36funding priority pursuant to subdivision (f) of Section 8482.55.

37(4) The minimum total after school grant amount for each
38schoolsite that may be awarded pursuant to this section shall be
39computed by multiplying the applicable rate per pupil per day of
P19   1pupil attendance by 20 pupils being served for 180 regular
2schooldays.

3(5) A school that establishes a program pursuant to this section
4is eligible to receive a summer grant to operate the program in
5excess of 180 regular schooldays or during any combination of
6summer, intersession, or vacation periods for a maximum of the
7lesser of the following amounts:

8(A) Seven dollars and fifty cents ($7.50) per day per pupil.

9(B) Thirty percent of the total grant amount awarded to the
10school per school year pursuant to subparagraph (C) of paragraph
11(1).

12(C) Notwithstanding subparagraphs (A) and (B), the maximum
13total summer grant that may be awarded annually pursuant to this
14paragraph shall be thirty-three thousand seven hundred fifty dollars
15($33,750) for each regular school year for each elementary school
16and forty-five thousand dollars ($45,000) for each regular school
17year for each middle or junior high school.

18(6) Additional funding may be made available for transportation
19in programs that meet the requirements of Section 8484.65, in an
20amount not to exceed fifteen thousand dollars ($15,000) per site,
21per school year, as funds are available, in accordance with the local
22community after school program needs as determined by the
23department. Programs shall submit to the department for
24consideration evidence of the need for after school transportation
25funds specific to after school programs pursuant to this article.
26Funding under this paragraph may be used to supplement, but not
27supplant, local transportation services.

28(7) Each program shall provide an amount of cash or in-kind
29local funds equal to not less than one-third of the total grant from
30the school district, governmental agencies, community
31organizations, or the private sector. Facilities or space usage may
32fulfill not more than 25 percent of the required local contribution.

33(8) (A) A grantee may allocate, with departmental approval,
34up to 125 percent of the maximum total grant amount for an
35individual school, so long as the maximum total grant amount for
36all school programs administered by the program grantee is not
37exceeded.

38(B) A program grantee that transfers funds for purposes of
39administering a program pursuant to subparagraph (A) shall have
40an established waiting list for enrollment, and may transfer only
P20   1from another school program that has met a minimum of 70 percent
2of its attendance goal.

3(b) The administrator of a program established pursuant to this
4article may supplement, but not supplant, existing funding for after
5school programs with grant funds awarded pursuant to this article.
6State categorical funds for remedial education activities shall not
7be used to make the required contribution of local funds for those
8after school programs.

9(c) Up to 15 percent of the initial year’s grant amount for each
10grant recipient may be used for startup costs. Under no
11circumstance shall funding for startup costs result in an increase
12in the grant recipient’s total funding above the approved grant
13amount.

14(d) For each year of the grant, the department shall award the
15total grant amount for that year not later than 30 days after the date
16the grantee accepts the grant.

17(e) The department may adjust the amount of a direct grant,
18awarded to a new applicant pursuant to this section, on the basis
19of the program start date, as determined by the department.

begin delete
20

SEC. 12.  

Section 8484 of the Education Code is amended to
21read:

22

8484.  

(a) As required by the department, programs established
23pursuant to this article shall submit annual outcome-based data for
24evaluation. The department may consider these outcomes when
25determining eligibility for grant renewal.

26(1) To demonstrate program effectiveness, grantees shall submit,
27using the unique statewide pupil identifiers, for participating pupils
28who are unduplicated pupils, both of the following:

29(A) Schoolday attendance on an annual basis.

30(B) Program attendance on a semiannual basis.

31(2) Programs shall submit evidence of a data-driven program
32quality improvement process that is based on the department’s
33guidance on program quality standards developed pursuant to
34paragraph (3).

35(3) The department may develop additional measures for this
36subdivision, including, but not limited to, program quality
37standards. Additions shall be developed in consultation with the
38evaluation committee of the advisory committee.

39(4) Programs shall submit information adopted through the
40process outlined in subdivision (c).

P21   1(b) (1) If a program consistently fails to demonstrate measurable
2program outcomes for three consecutive years, the department
3may terminate the program as described in subdivision (a) of
4Section 8483.7. The department shall consider multiple outcomes
5and not rely on one outcome in isolation.

6(2) For purposes of this section, “consistently fails to
7demonstrate measurable program outcomes” means failure to meet
8program effectiveness requirements pursuant to the criteria in
9paragraphs (1) and (2) of subdivision (a).

10(3) Measurable program outcomes may be demonstrated by,
11but are not limited to, comparing pupils participating in the
12program to nonparticipating pupils at the same schoolsite.

13(c) The department shall develop standardized procedures and
14tools to collect the indicators in paragraphs (1) and (2) of
15subdivision (a). The department shall consult with the evaluation
16committee of the Advisory Committee on Before and After School
17Programs pursuant to Section 8484.9.

18(d) (1) To the extent possible, the selection of applicants by the
19department pursuant to this article shall result in an equitable
20distribution of grant awards to applicants in northern, southern,
21and central California, and in urban and rural areas of the state.

22(2) For purposes of paragraph (1), the following terms shall
23have the following meanings:

24(A) “Central California” means California County
25Superintendents Educational Services Association regions five to
26eight, inclusive.

27(B) “Northern California” means California County
28Superintendents Educational Services Association regions one to
29four, inclusive.

30(C) “Southern California” means California County
31Superintendents Educational Services Association regions 9 to 11,
32inclusive.

33(D) “Urban and rural areas” shall be as defined by the United
34States Census Bureau.

end delete
35

begin deleteSEC. 13.end delete
36
begin insertSEC. 12.end insert  

Section 8484.8 of the Education Code is amended to
37read:

38

8484.8.  

In accordance with Part B of Title IV of the federal
39No Child Left Behind Act of 2001 (Public Law 107-110), funds
40appropriated in Item 6110-197-0890 of Section 2.00 of the Budget
P22   1Act of 2002 are available for expenditure as follows, with any
2subsequent allocations for these purposes to be determined in the
3annual Budget Act:

4(a) Beginning with the 2006-07 fiscal year, 5 percent of the
5federal funds appropriated through this article shall be available
6to the department for purposes of providing technical assistance,
7evaluation, and training services, and for contracting for local
8technical assistance, for carrying out programs related to 21st
9Century Community Learning Centers programs.

10(1) The department shall provide directly, or contract for,
11technical assistance for new programs and any program that is not
12meeting attendance or performance goals, or both, and requests
13that assistance.

14(2) (A) Training and support shall include, but is not limited
15to, the development and distribution of voluntary guidelines for
16physical activity programs established pursuant to subparagraph
17(B) of paragraph (1) of subdivision (c) of Section 8482.3, that
18expand the learning opportunities of the schoolday.

19(B) The department shall distribute these voluntary guidelines
20for physical activity programs on or before July 1, 2009.

21(3) In accordance with Part B of Title IV of the federal No Child
22Left Behind Act of 2001 (Public Law 107-110), funding for
23programs that promote parent involvement and family literacy are
24an allowable use of these funds.

25(b) (1) At least 5 percent of the total amount appropriated
26pursuant to this article, after funds have been allocated pursuant
27to subdivision (a), shall be available for grants to provide equitable
28access and participation in community learning center programs,
29in an amount not to exceed twenty-five thousand dollars ($25,000)
30per site, per year, according to needs determined by the local
31community.

32(2) For purposes of paragraph (1), the department shall
33determine the requirements for eligibility for a grant, consistent
34with the following:

35(A) Consistent with the local partnership approach inherent in
36Article 22.5 (commencing with Section 8482), grants awarded
37under this subdivision shall provide supplemental assistance to
38programs. It is not intended that a grant fund the full anticipated
39costs of the services provided by a community learning center
40program.

P23   1(B) In determining the need for a grant pursuant to this
2subdivision, the department shall base its determination on a needs
3assessment and a determination that existing resources are not
4available to meet these needs, including, but not limited to, a
5description of how the needs, strengths, and resources of the
6community have been assessed, currently available resources, and
7the justification for additional resources for that purpose.

8(C) The department shall award grants for a specific purpose,
9as justified by the applicant.

10(3) To be eligible to receive a grant under this subdivision, the
11designated public agency representative for the applicant shall
12certify that an annual fiscal audit will be conducted and that
13adequate, accurate records will be kept. In addition, each applicant
14shall provide the department with the assurance that funds received
15under this subdivision are expended only for those services and
16supports for which they are granted. The department shall require
17grant recipients to submit annual budget reports, and the department
18may withhold funds in subsequent years if after school grant funds
19are expended for purposes other than as awarded.

20(4) The department shall require grant recipients to submit
21quarterly expenditure reports, and the department may withhold
22funds in subsequent years if access or literacy grant funds are
23expended for purposes other than as granted.

24(c) At least 50 percent of the total amount appropriated pursuant
25to this article, after funds have been allocated pursuant to
26subdivision (a), shall be allocated on a priority basis for after school
27grants to community learning centers serving high school pupils
28funded pursuant to Section 8421. The department shall allocate
29funds to each geographic region described in subdivision (a) of
30Section 8423 by the regional percentage of statewide pupils who
31are eligible for free or reduced-price meals reported to the
32department for the immediately preceding fiscal year. Each region’s
33percentage shall be determined by dividing the region’s number
34of pupils eligible for free or reduced-price meals by the statewide
35number of pupils eligible for free or reduced-price meals.

36(d) Grant awards under this section shall be restricted to those
37applications that propose primarily to serve pupils that attend
38schoolwide programs, as described in Title I of the federal No
39Child Left Behind Act of 2001 (Public Law 107-110). Competitive
40priority shall be given to applications that propose to serve pupils
P24   1in schools designated as being in need of improvement under
2subsection (b) of Section 6316 of Title 20 of the United States
3Code, and that are jointly submitted by school districts and
4community-based organizations.

5(e) (1) At least 40 percent of the total amount appropriated
6pursuant to this article, after funds have been allocated pursuant
7to subdivision (a), shall be allocated to programs serving
8elementary and middle school pupils. The department shall allocate
9funds to each geographic region described in subdivisionbegin delete (d) of
10Section 8484end delete
begin insert (k)end insert by the regional percentage of statewide pupils
11who are eligible for free or reduced-price meals reported to the
12department for the immediately preceding fiscal year. Each region’s
13percentage shall be determined by dividing the region’s number
14of pupils eligible for free or reduced-price meals by the statewide
15number of pupils eligible for free or reduced-price meals. The
16administrators of a program established pursuant to this article
17may operate during regular schooldays for a minimum of 15 hours
18per week and any combination of summer, intersession, or vacation
19periods for a minimum of three hours per day for the regular school
20year pursuant to Section 8483.7. Grantees administering
21comprehensive programs established pursuant to Section 8482.3
22are also eligible for funding for summer, intersession, or vacation
23periods pursuant to this section.

24(2) After school and summer funding grants for programs
25serving middle and elementary school pupils shall be allocated
26according to the same funding provisions, and subject to the same
27reporting and accountability provisions, as described in Sections
288483.7 and 8483.75.

29(3) Priority shall be given to grant applications that will provide
30year-round expanded learning programming, including programs
31that complement existing funded programs. Year-round expanded
32learning programs are defined as any combination of an applicant
33that provides year-round programming, an applicant that offers
34summer programming to complement existing after school
35programs, or an applicant that offers after school programs to
36complement existing summer programs. The applicant is not
37required to be the same entity that operates the existing program,
38but shall identify the grantee with whom the applicant is
39coordinating for the purpose of providing year-round programming.

P25   1(4) (A) Funding for a grant shall be allocated in annual
2increments for a period not to exceed five years, subject to annual
3reporting and recertification as required by the department. The
4department shall establish a payment system to accommodate
5upfront payments. The department shall notify new grantees, whose
6grant awards are contingent upon the appropriation of funds for
7those grants, in writing no later than May 15 of each year in which
8new grants are awarded. A first-year grant award shall be made
9no later than 60 days after enactment of the annual Budget Act
10and any authorizing legislation. A grant award for the second and
11subsequent fiscal years shall be made no later than 30 days after
12enactment of the annual Budget Act and any authorizing legislation.
13The grantee shall notify the department in writing of its acceptance
14of the grant.

15(B) For the first year of a grant, the department shall allocate
1625 percent of the grant for that year no later than 30 days after the
17grantee accepts the grant. For the second and subsequent years of
18the grant, the department shall allocate 25 percent of the grant for
19that year no later than 30 days after the annual Budget Act becomes
20effective. The grantee shall not use more than 15 percent of an
21annual grant award for administrative costs.

22(C) In addition to the funding allowed for administrative costs
23under subparagraph (B), up to 15 percent of the initial annual grant
24award for each after school grant recipient may be used for startup
25costs.

26(D) Under no circumstance shall funding made available
27pursuant to subparagraphs (B) and (C) result in an increase in the
28total funding of a grantee above the approved grant amount.

29(5) A grantee shall identify the federal, state, and local programs
30that will be combined or coordinated with the proposed program
31for the most effective use of public resources, and shall prepare a
32plan for continuing the program beyond federal grant funding.

33(6) A grantee shall submit semiannual attendance data and
34results to facilitate evaluation and compliance in accordance with
35provisions established by the department.

36(7) A program receiving a grant under this subdivision is not
37assured of grant renewal from future state or federal funding at
38the conclusion of the grant period. However, priority for funding
39pursuant to this subdivision shall be given to programs with
P26   1expiring grants, if those programs have satisfactorily met projected
2pupil outcomes pursuant to subdivision (a) of Section 8484.

3(f) A total annual grant award for after school funding and grants
4for a site serving elementary or middle school pupils shall be fifty
5thousand dollars ($50,000) per year or more, consistent with federal
6requirements.

7(g) Notwithstanding any other law, and contingent upon the
8availability of funding, the department may adjust the after school
9grant cap of any grantee based upon one or both of the following:

10(1) Amendments made to this section by Chapter 555 of the
11Statutes of 2005.

12(2) The demonstrated pupil attendance pattern of the grantee.
13The department may adjust grant awards pursuant to subparagraph
14(A) of paragraph (1) of subdivision (a) of Section 8483.7.

15(h) Funds received but unexpended under this article may be
16carried forward to subsequent years consistent with federal
17requirements. In year one, the full grant may be retained.

18(i) If funds remain after all of the priority allocations required
19pursuant to subdivisions (a), (b), (c), and (e) have been made, the
20department may use that money to fund additional qualified grant
21applications under subdivision (c), in order to ensure that all federal
22funds received for these purposes are expended for these purposes.
23If funds remain after additional qualified grant applications are
24approved for funding pursuant to subdivision (c), the department
25may award the remaining funds for additional qualified grant
26applications pursuant to subdivisions (b) and (e).

27(j) In any fiscal year in which the total state appropriation for
28that fiscal year exceeds the total state appropriation for the 2008-09
29fiscal year after funds have been allocated pursuant to subdivision
30(a), the excess amount shall be allocated on a priority basis for
31after school grants to community learning centers funded pursuant
32to Section 8421 as follows:

33(1) Thirty-five percent to community learning centers serving
34high school pupils.

35(2) Fifty percent to community learning centers serving
36elementary and middle school pupils.

37(3) Fifteen percent to summer programs serving elementary and
38middle school pupils.

begin insert

39
(k) (1) To the extent possible, the selection of applicants by the
40department pursuant to this article shall result in an equitable
P27   1distribution of grant awards to applicants in northern, southern,
2and central California, and in urban and rural areas of the state.

end insert
begin insert

3
(2) For purposes of paragraph (1), the following terms shall
4have the following meanings:

end insert
begin insert

5
(A) “Central California” means California County
6Superintendents Educational Services Association regions five to
7eight, inclusive.

end insert
begin insert

8
(B) “Northern California” means California County
9Superintendents Educational Services Association regions one to
10four, inclusive.

end insert
begin insert

11
(C) “Southern California” means California County
12Superintendents Educational Services Association regions 9 to 11,
13inclusive.

end insert
begin insert

14
(D) “Urban and rural areas” shall be as defined by the United
15States Census Bureau.

end insert
begin delete

16(k)

end delete

17begin insert(l)end insert This article shall be operative only to the extent that federal
18funds are made available for the purposes of this article. It is the
19intent of the Legislature that this article not be considered a
20precedent for general fund augmentation of either the state
21administered, federally funded program of this article, or any other
22state funded before or after school program.



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