BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2615|
          |Office of Senate Floor Analyses   |                              |
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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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                                                                    Page  8


             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  







                                                                    AB 2615  
                                                                    Page  10


          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,  







                                                                    AB 2615  
                                                                    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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