BILL ANALYSIS Ó AB 2615 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2615 (Wood) As Amended August 17, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 12, 2016) |SENATE: | 39-0 |(August 22, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: ED. SUMMARY: Makes a number of revisions to the 21stCentury High School After School Safety and Enrichment for Teens program (ASSETs), the After School Education and Safety program (ASES), and the 21st Century Community Learning Centers (21st CCLC) program. Specifically, this bill: Makes the following changes to the ASSETs and ASES programs: 1)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. AB 2615 Page 2 b) The new consortia or partnership structure, or structures, complies with specified administrative and application requirements. c) There is no change in the school, or schools, served by the restructured partnership or consortium. d) The California Department of Education (CDE) agrees to the restructure. 2)Provides that every pupil attending a school operating a program is eligible to participate in the program, subject to program capacity. Authorizes a program to charge family fees, but requires a program to waive or reduce the cost of the fees for pupils eligible for free or reduced-price meals. 3)Authorizes a grantee to request approval from the CDE to transfer program services to another schoolsite if there is a significant barrier to pupil participation in a program within the same local educational agency. Requires the schoolsite to which the program will be transferred to satisfy either of the following requirements: a) The schoolsite shall receive pupils from, and have a grant of the same type awarded as the transferring school. b) The schoolsite shall not have a 10% 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 CDE, shall be considered in evaluating the proposed transfer. 4)Provides that the schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount. An applicant that requests approval to transfer AB 2615 Page 3 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. 5)Specifies that a "significant barrier to pupil participation" in the before or after school component of a program means any of the following: a) Fewer than 20 pupils 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 pupil dependence on public transportation. c) A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsite's pupils with the new schoolsite so that the existing schoolsite before or after school component of the program is subject to a grant reduction. 6)Specifies that 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 CDE 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. Makes the following changes to the ASSETs and 21st Century programs: 7)Establishes the following definitions: AB 2615 Page 4 a) "Central California" means California County Superintendents Educational Services Association (CCSESA) regions five to eight, inclusive. b) "Northern California" means CCSESA regions one to four, inclusive. c) "Southern California" means CCSESA regions nine to 11, inclusive. d) "Urban and rural areas" shall be as defined by the United States Census Bureau. 8)Requires the CDE to allocate funds to each geographic region by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the CDE for the immediately preceding fiscal year (FY). 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. Makes the following changes to the ASSETs program: 9)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. Makes the following changes to the ASES program: 10)Strikes the provisions expressing the intent of the Legislature that middle school and junior high school pupils participate in the before and after school programs a minimum of nine hours and three days a week and instead expresses the AB 2615 Page 5 intent of the Legislature that middle school and junior high school pupils participate in the program full day every day during the days pupils participate in the program, except as allowed by the program's adopted early release policy. 11)Authorizes the grades to be served by the program at participating schools to be determined by local needs. 12)Adds, as a barrier to pupil participation, a local educational agency opening a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits an existing schoolsite's before or after school component of the program pupils with the new schoolsite so that the existing schoolsite is subject to a grant reduction. 13)Incorporates the provisions from AB 1567 (Campos) of the current legislative session to avoid chaptering out problems. The Senate amendments: 1)Make a change in the ASES program to conform the ASES program to the ASSETs program. 2)Add the provisions striking the intent of the Legislature that middle school and junior high school pupils participate in before and after school programs a minimum of nine hours and three days a week and instead expresses the intent of the Legislature that middle school and junior high school pupils participate in the program full day every day during the days pupils participate in the program, except as allowed by the programs' adopted early release policy. 3)Incorporate the provisions from AB 1567 (Campos) of the current legislative session to avoid chaptering out problems. AB 2615 Page 6 FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: ASES program. The ASES program, passed by voters as Proposition 49 in 2002, provides almost $550 million annually for before and after school programs for kindergarten through grade 9 students. In FY 2015-16, 555 school districts and county offices of education operated ASES programs serving approximately 405,000 students. Local governments and nonprofit organizations working in partnership with local educational agencies may also apply for funding. After school programs must commence right after school and at least until 6 p.m. for 15 hours per week. Grants, last adjusted in 2006, are provided in three one-year increments with maximum grants at $112,500 per year for elementary schools, $150,000 per year for middle or junior high schools based on a per pupil amount of $7.50 per day of pupil attendance, and $7.50 per pupil per day for staff development, with a maximum of three staff development days per year. Priority for funding goes to schools where at least 50% of the pupils are eligible for free- or reduced-priced meals. Each program is required to provide a match equal to not less than one-third of the total grant. Facilities may count towards 25% of the local contribution. Participating afterschool programs are required to have an educational and literacy component 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 sciences; and an educational enrichment component, which may include, but is not limited to, fine arts, career technical education, career exploration, recreation, physical fitness and prevention activities. The program requires before school programs to operate one and a half hours a day and after school programs to operate after AB 2615 Page 7 school until 6 p.m. for a minimum of 15 hours per week. ASES grantees can request summer grants (previously called supplemental grants) in order to operate for more than 180 days or to operate during summer, intersession or vacation. 21st ASSETs and CCLC. In addition to the funds generated by Proposition 49, the state also receives approximately $130 million annually in federal funds for the 21st CCLC program, which provides funding for before and after school activities to pupils in kindergarten through grade 12, and the ASSETs program for high school pupils. The state has chosen to implement these programs almost identical to the state's ASES program. This bill is sponsored by the Superintendent of Public Instruction and makes a number of revisions to the state and federal programs. Major provisions include the following: Geographical distribution of funds. This proposal was a recommendation of the Expanding Learning Defining Equity Committee established by the Superintendent of Public Instruction and is intended to apply to the federal 21st CCLC and ASSETs programs only. 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. The Education Code provides that to the extent possible, grantees shall result in equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban and rural areas of the state. This bill divides the state into three regions utilizing CCSESA's service regions for awarding funds. CCSESA is a statewide organization representing county superintendents of schools. The CCSESA's Internet Web site states, "Through a system of 11 service regions, CCSESA provides the organizational mechanism for the 58 County Superintendents of Schools to design and implement statewide programs to identify and promote quality cost-effective educational practices and services, and provide AB 2615 Page 8 support to school districts." Based on the regions specified in the bill, the three regions will be comprised of counties as follows: Central California: Santa Cruz, Santa Clara, San Benito, Monterey, San Joaquin, Amador, Calaveras, Stanislaus, Tuolumne, Merced, Mariposa Madera, Fresno, Kings, Tulare, San Luis Obispo, Kern, Santa Barbara and Ventura. Northern California: Humboldt, Mendocino, Lake, Sonoma, Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, Glenn, Butte, Plumas, Colusa, Sutter, Yuba, Sierra, Yolo, Sacramento, Nevada, Alpine, Placer, El Dorado, Napa, Solano, Marin, San Francisco, Contra Costa, Alameda, and San Mateo. Southern California: Orange, San Diego, Imperial, Riverside, San Bernardino, Inyo, Mono, and Los Angeles. The bill requires federal funds to be divided according to the percentage of students eligible for free and reduced-price meals programs located in each region. Applicants will then vie for funding against other applicants in their respective regions. The CDE states that under the current process, districts in some areas, particularly rural areas, are reluctant to submit applications because they do not believe they have the capacity to be competitive. Regional competition enables these districts to compete in a smaller pool. Providing flexibility. This 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 awarded the funds. Current law allows a program to change sites 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 AB 2615 Page 9 problems, splits in the partnership or due to fraudulent activities. For ASES programs, the bill also authorizes the grades levels to be served to be determined according to local needs. Family fees. Current law specifies that a program is not required to charge family fees. This bill, instead, makes collection of fees permissive, but requires programs to either waive or reduce fees for families with pupils eligible for free and reduced-price meals. Fiscal oversight. This bill aligns the ASSETs program to the ASES program that allows the CDE to terminate grant allocation 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 State Board of Education (SBE). According to the CDE, the SBE questions this role and prefers to be removed from this process. This bill will allow the CDE to approve a request by a grantee for pupil 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. Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0004603 AB 2615 Page 10