Amended in Senate August 1, 2016

Amended in Senate June 15, 2016

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 Bill No. 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, 8483.1, 8483.3, 8483.7, and 8484.8 of, and begin insert to end insert 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, begin delete (1) end delete authorize a school program participating in the state program to charge family fees, as begin delete specified, (2) end delete begin insert specified; end insert authorize the department to withhold or terminate grant allocations that do not comply with specified reporting requirements required by the begin delete department, and (3) end delete begin insert department; and end insert 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, begin delete (1) end delete specify that grades to be served by participating school programs may be determined by local needs, begin delete (2) end delete 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-price meals, and begin delete (3) end delete state the intent of the Legislature that participating middle school or junior high school pupils participate in the full day of the program every day during which pupils participate, except as specified.

(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:

SECTION 1.  

Section 8422 of the Education Code is amended
to read:

8422.  

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

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

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

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

(1) After school only.

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

SEC. 2.  

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 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. 3.  

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 begin insert the end insert 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.

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

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

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

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

(D) The department agrees to the restructure.

begin delete

(5) Restructure of a partnership or consortium pursuant to
paragraph (4) may occur only at the time of grant renewal pursuant
to the requirements of this article.

end delete

(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.

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

SEC. 4.  

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

8426.5.  

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

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

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

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

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

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

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

(3) A local educational agency opens a new schoolsite and either
merges an existing schoolsite into the new schoolsite or splits the
existing begin delete schoolsite end delete begin insert schoolsite’s end insert pupils with the new schoolsite so
that the existing schoolsite after school program is subject to a
grant reduction pursuant to subdivision (d) of Section 8426.

SEC. 5.  

Section 8427 of the Education Code is amended to
read:

8427.  

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

(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 to
demonstrate program effectiveness, including, but not limited to,
program quality standards. Additions shall be developed in
consultation with the advisory committee pursuant to Section
8484.9.

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

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

(2) For purposes of this subdivision, “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, the following methods:

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

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

(c) The department shall identify or develop standardized
procedures and tools to collect the indicators in paragraphs (1) and
(2) of subdivision (a) in accordance with the recommendations
made pursuant to paragraph (5) of subdivision (h) of Section
8484.9.

SEC. 6.  

Section 8482.3 of the Education Code is amended to
read:

8482.3.  

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

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

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

(A) An educational and literacy element 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 science.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Schoolday attendance rates.

(B) Program attendance.

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

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

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

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

(D) Any other information requested by the department.

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

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

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

SEC. 7.  

Section 8482.4 of the Education Code is amended to
read:

8482.4.  

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

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

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

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

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

(B) The new consortia or partnership structure, or structures,
complies with the requirements of subdivision (f) of Section
8482.3, as applicable.

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

(D) The department approves the restructure.

begin delete

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

end delete

(d) 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.

(e) 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.

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

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

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

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

SEC. 8.  

Section 8482.6 of the Education Code is amended to
read:

8482.6.  

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

SEC. 9.  

Section 8482.8 of the Education Code is amended to
read:

8482.8.  

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

(A) The schoolsite shall agree to receive pupils from, and have
an existing grant of the same type as, the transferring school.

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

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

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

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

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

(3) A local educational agency opens a new schoolsite and either
merges an existing schoolsite into the new schoolsite or splits an
existing begin delete schoolsite end delete begin insert schoolsite’s end insert pupils with the new schoolsite so
that the existing schoolsite before or after school component of
the program is subject to a grant reduction pursuant to subparagraph
(A) of paragraph (1) of subdivision (a) of Section 8483.7.

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

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

(e) Upon the request of a program grantee, the department may
approve other unforeseen events as qualifying a program grantee
to use the authority provided by subdivisions (c) and (d).

SEC. 10.  

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,
except as allowed by the early release policy pursuant to paragraph
(1) of this section or paragraph (2) of subdivision (f) of Section
8483.76.

(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. 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.

SEC. 11.  

Section 8483.1 of the Education Code is amended to
read:

8483.1.  

(a) (1) Every before school program component
established pursuant to this article shall in no instance operate for
less than one and one-half hours per regular schoolday. Every
program shall establish a policy regarding reasonable late daily
arrival of pupils to the program.

(2) (A) It is the intent of the Legislature that elementary school
and middle school or junior high school pupils participate in the
full day of the program every day during which pupils participate,
except when arriving late in accordance with the late arrival policy
described in paragraph (1) or as reasonably necessary.

(B) A pupil who attends less than one-half of the daily program
hours shall not be counted for the purposes of attendance.

(3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.

(b) The administrators of a before school program established
pursuant to this article shall have the option of operating during
any combination of summer, intersession, or vacation periods for
a minimum of two hours per day for the regular school year
pursuant to Section 8483.75.

(c) Every before school program component established pursuant
to this article shall offer a breakfast meal as described by Section
49553 for all program participants.

SEC. 12.  

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.

(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. 13.  

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 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. 14.  

Section 8484.8 of the Education Code is amended to
read:

8484.8.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) (1) At least 40 percent of the total amount appropriated
pursuant to this article, after funds have been allocated pursuant
to subdivision (a), shall be allocated to programs serving
elementary and middle school pupils. The department shall allocate
funds to each geographic region described in subdivision (k) by
the regional percentage of statewide pupils who are eligible for
free or reduced-price meals reported to the department for the
immediately preceding fiscal year. Each region’s percentage shall
be determined by dividing the region’s number of pupils eligible
for free or reduced-price meals by the statewide number of pupils
eligible for free or reduced-price meals. The administrators of a
program established pursuant to this article may operate during
regular schooldays for a minimum of 15 hours per week and 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. Grantees administering comprehensive
programs established pursuant to Section 8482.3 are also eligible
for funding for summer, intersession, or vacation periods pursuant
to this section.

(2) After school and summer funding grants for programs
serving middle and elementary school pupils shall be allocated
according to the same funding provisions, and subject to the same
reporting and accountability provisions, as described in Sections
8483.7 and 8483.75.

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

(4) (A) Funding for a grant shall be allocated in annual
increments for a period not to exceed five years, subject to annual
reporting and recertification as required by the department. The
department shall establish a payment system to accommodate
upfront payments. The department shall notify new grantees, whose
grant awards are contingent upon the appropriation of funds for
those grants, in writing no later than May 15 of each year in which
new grants are awarded. 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.
The grantee shall notify the department in writing of its acceptance
of the grant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) (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 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.

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