BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2615


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2615 (Wood)


          As Amended  August 17, 2016


          Majority vote


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          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.









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             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  








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            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:









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             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  








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            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.   








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          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  








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          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  








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          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  








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          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















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