BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2615|
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THIRD READING
Bill No: AB 2615
Author: Wood (D)
Amended: 8/17/16 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 9-0, 6/8/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,
Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for
vote
SUBJECT: After school programs
SOURCE: California Department of Education
DIGEST: This bill makes numerous revisions to the 21st Century
High School After School Safety and Enrichment for Teens
program, the After School Education and Safety program, and the
21st Century Community Learning Centers program.
Senate Floor Amendments of 8/17/16 add double-jointing language
to avoid chaptering issues with AB 1567 (Campos).
ANALYSIS: Existing law:
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1) Establishes the After School Education and Safety (ASES)
program consisting of before and after school components,
serving students in grades K-9, each of which must include an
educational and literacy element and an educational
enrichment element. (Education Code § 8482)
2) Establishes the federally funded 21st Century Community
Learning Centers (21st Century) contained within the federal
No Child Left Behind Act of 2001 to complement the ASES
program. Existing law specifies that the requirements of the
ASES program apply to the 21st CCLC program with specified
exceptions. (EC § 8484.7)
3) Establishes the federally funded 21st Century High School
After School Safety and Enrichment for Teens (ASSETs) Program
to create incentives for establishing locally driven after
school enrichment programs between schools and local
community organizations serving students from grades 9
through 12. (EC § 8421)
This bill:
ASES
1) Modifies the existing authority of the California Department
of Education (CDE) to terminate grant allocations by adding
noncompliance with audit resolutions as criteria by which
grants may be terminated, and modifies the existing authority
of the CDE to withhold grant allocations to mirror the
criteria by which grants may be terminated.
2) Modifies the existing authority for a grantee to request
approval from the CDE to transfer program services to another
schoolsite if there is a significant barrier to student
participation in a program at the school of attendance as
follows:
a) Adds the requirement that the schoolsite to which the
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program will be transferred to satisfy either of the
following requirements:
i) The schoolsite shall receive students from, and
have been awarded a grant of the same type as the
transferring school.
ii) The schoolsite shall not have a 10-percent lower
percentage of students 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
CDE, shall be considered in evaluating the proposed
transfer.
b) Prohibits the schoolsite from increasing the funding
at the proposed schoolsite above the maximum after school
grant amount.
c) Modifies the definition of "significant barrier to
student participation" by adding "A local educational
agency opens a new schoolsite and either merges an
existing schoolsite into the new schoolsite or splits the
existing schoolsite's students with the new schoolsite so
that the existing schoolsite program is subject to a grant
reduction."
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3) Modifies existing legislative intent regarding participation
in the full day of the program to strike reference to middle
or junior high participation for at least nine hours a week
and three days a week, and instead state that these students
participate for the full day of the program except as allowed
by the early release policy or when arriving late in
accordance with the late arrival policy.
4) Modifies the existing authority for the CDE to approve a
request by the grantee, if a program is temporarily prevented
from operating its entire program due to natural disaster,
civil unrest, or imminent danger to students or staff, for
students attendance credit 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 (rather than allowing the CDE to recommend and the
State Board of Education (SBE) approve).
5) Deletes the existing requirement that the CDE, to the extent
possible, to award grants in an equitable distribution of
applicants in northern, southern, and central California, and
in urban, suburban, and rural areas of California.
6) Authorizes the fiscal agent to be changed upon approval of
the CDE if the new fiscal agent is a local educational agency
or public agency partner.
7) Authorizes the grades to be served by the program at
participating schools to be determined by local needs.
21st Century
8) Requires, regarding the requirement for at least 40% of the
total awarded to be for programs serving students in
elementary and middle school, and at least 50% total awarded
to be for high schools:
a) The CDE to allocate funds to each geographic region by
the regional percentage of statewide students who are
eligible for free or reduced-price meals reported to the
CDE for the immediately preceding fiscal year.
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b) Each region's percentage to be determined by dividing
the region's number of students eligible for free or
reduced-price meals by the statewide number of students
eligible for free or reduced-price meals.
9) Requires the CDE, to the extent possible, to award grants in
an equitable distribution to applicants in northern,
southern, and central California, and in urban and rural
areas of the state.
ASSETs
10)Authorizes the CDE to withhold or terminate 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 CDE.
11)Authorizes the CDE to 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, if a program grantee is temporarily prevented from
operating its entire program due to natural disaster, civil
unrest, or imminent danger to students or staff.
12)Authorizes a grantee to request approval from the CDE to
transfer program services to another schoolsite within the
same local educational agency if there is a significant
barrier to student participation in a program at the school
of attendance. This bill requires the schoolsite to which
the program will be transferred to satisfy either of the
following requirements:
a) The schoolsite shall receive students from, and have
been awarded a grant of the same type as the transferring
school.
b) The schoolsite shall not have a 10-percent lower
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percentage of students 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 CDE, shall
be considered in evaluating the proposed transfer.
1) Prohibits the schoolsite from increasing the funding at the
proposed schoolsite above the maximum after school grant
amount.
2) Requires an applicant that requests approval to transfer
program services to 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 students; and
coordinate the educational and literacy component of the
before and after school components of the program with the
regular school programs of participating students.
3) Defines a "significant barrier to student participation" in
the before or after school component of a program to mean any
of the following:
a) Fewer than 20 students participating in the component
of the program.
b) Extreme transportation constraints, including, but not
limited to, desegregation bussing, bussing for magnet or
open enrollment schools, or student dependence on public
transportation.
c) A local educational agency opens a new schoolsite and
either merges an existing schoolsite into the new
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schoolsite or splits the existing schoolsite's students
with the new schoolsite so that the existing schoolsite
program is subject to a grant reduction.
1) Provides that every student attending a school operating a
program is eligible to participate in the program, subject to
program capacity.
2) Deletes reference to "suburban" with regard to the equitable
geographic distribution of funds.
ASES and ASSETs
3) Authorizes a grantee who receives funds as part of a
partnership or consortium to 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 specified existing
administrative and application requirements.
c) There is no change in the school, or schools, served
by the restructured partnership or consortium.
d) The CDE agrees to the restructure.
4) Modifies provisions regarding family fees to specifically
authorize a program to charge family fees, and require a
program to waive or reduce the cost of the fees for students
who are eligible for free or reduced-price meals (existing
law specifies that programs are not required to charge family
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fees or to conduct individual eligibility determinations
based on need or income).
ASSETs and 21st Century
5) Establishes the following definitions:
a) "Central California" means California County
Superintendents Educational Services Association (CCSESA)
regions five to eight.
b) "Northern California" means CCSESA regions one to
four.
c) "Southern California" means CCSESA regions 9 to 11.
d) "Urban and rural areas" as defined by the United
States Census Bureau.
Miscellaneous
6) Includes double-jointing language to avoid chaptering issues
with AB 1567 (Campos).
Comments
Recent report. In January 2014, the CDE released the report A
Vision for Expanded Learning in California, which identified
four initiatives: system of support, grant administration and
policy, communication and information systems, and expanded
learning/K-12 integration. Workgroups were subsequently formed
for most of the initiatives, including the Defining Equity
Committee. That committee released a report in November 2015,
containing recommendations, several of which are implemented by
this bill. [http://www.caexpandedlearning.
com/uploads/2/7/3/3/27335217/defining_equity_recommendations_nov_
2015_pdf]
Geographical distribution of funds. This bill requires the CDE,
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to the extent possible, to award 21st Century grants in an
equitable distribution to applicants in northern, southern, and
central California, and in urban and rural areas of the state.
Existing law requires the CDE, to the extent possible, to award
ASSETs grants in an equitable distribution to applicants in
northern, southern, and central California, and in urban,
suburban, and rural areas of the state (this bill deletes
reference to "suburban"). This proposal was a recommendation of
the Defining Equity Committee. According to the CDE, the
federal government requires a state educational agency to
distribute funds equitably among geographic areas within the
state, including urban and rural communities.
This bill requires the CDE to allocate funds, regarding the
requirement for at least 40% of the total awarded to be for
programs serving students in elementary and middle school, and
at least 50% total awarded to be fore high schools, to each
geographic region by the regional percentage of statewide
students who are eligible for free or reduced-price meals
reported to the CDE for the immediately preceding fiscal year.
This bill requires each region's percentage to be determined by
dividing the region's number of students eligible for free or
reduced-price meals by the statewide number of students eligible
for free or reduced-price meals.
Flexibility. The bill provides more flexibility to ASSETs and
ASES grant recipients by allowing programs to change schoolsites
within a local educational agency and allowing the restructuring
of partnerships. Existing law allows a program to change site
due to extreme transportation problems or if participation
decreases to fewer than 20 students. This bill will allow a
program to change location if a school closes or restructures.
According to CDE, grantees sometimes need to change partnerships
due to administrative problems, splits in the partnership or due
to fraudulent activities. For ASES programs, this bill also
authorizes the grade levels to be served to be determined
according to local needs.
Family fees. This bill modifies ASES and ASSETs provisions
regarding family fees to specifically authorize a program to
charge family fees, and require a program to waive or reduce the
cost of the fees for students who are eligible for free or
reduced-price meals (existing law specifies that programs are
not required to charge family fees or to conduct individual
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eligibility determinations based on need or income).
Fiscal oversight. This bill conforms ASSETs provisions with
existing ASES provisions that allow the CDE to terminate grant
allocations of any site or program that does not comply with
program requirements, including audit resolutions, fiscal
reporting, attendance reporting, or outcome reporting as
required by the CDE. The bill also adds the authority for CDE
to withhold funds to both programs.
Attendance Credit. Currently, program sites that are affected
by natural disaster, civil unrest or are in imminent danger can
receive attendance credit through approval by the SBE.
According to the CDE, the SBE questions this role and prefers to
be removed from this process. This bill authorizes the CDE to
approve a request by an ASES or ASSETs grantee for student
attendance credits equal to the average annual attendance that
the grantee would have received if it had been able to operate
during those times of crises.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/17/16)
None received
OPPOSITION: (Verified8/17/16)
None received
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
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Page 11
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
Prepared by:Lynn Lorber / ED. / (916) 651-4105
8/18/16 16:11:08
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