Amended in Assembly April 13, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2663


Introduced by Assembly Member Cooper

(Principal coauthors: Senators Hancock and Vidak)

(Coauthors: Assembly Membersbegin insert Campos,end insert Chiu, Daly,begin insert Dodd, Maienschein,end insert and Salas)

(Coauthor: Senator Nguyen)

February 19, 2016


An act to add Section 8483.73 to the Education Code, relating to after school programs, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2663, as amended, Cooper. After school programs: grant amounts.

Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The existing act provides that each school establishing a program pursuant to the act is eligible to receive a renewable 3-year grant for before or after school programs, as provided, and a grant for operating a program beyond 180 regular schooldays or during summer, weekend, intersession, or vacation periods, as provided, and specifies the maximum grant amount and related amounts for each of these grants. The existing act provides a formula for determining an amount to be continuously appropriated from the General Fund to the State Department of Education for purposes of the program and authorizes the Legislature to appropriate additional funds for purposes of the program.

For the 2016-17 fiscal year, and for each fiscal year thereafter, this bill wouldbegin delete continouslyend deletebegin insert continuouslyend insert appropriate $73,260,000 more to the State Department of Education for purposes of the program. The bill would, commencing with the 2017-18 fiscal year, require the Department of Finance to annually adjust that amount using a specified calculation, provided that adjustment does not result in a reduction.begin insert The bill would require the State Department of Education to adjust the maximum grant amounts and related amounts in accordance with the amount provided in the Budget Act for the 2016-17 fiscal year.end insert The bill would,begin delete alsoend delete commencing with the 2017-18 fiscal year, require the State Department of Education to annually adjustbegin delete the maximum grant amounts and those relatedend deletebegin insert thoseend insert amounts to reflect the percentage change in the California Consumer Price Index, provided that adjustment does not result in a reduction. The bill also would provide that funds appropriated by the bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) The After School Education and Safety Program (ASES)
4serves more than 400,000 low-income pupils in over 4,000
5high-quality elementary and middle school programs statewide.

6(2) After school programs are essential to closing the
7achievement and opportunity gaps for underserved pupils.

8(3) ASES programs receive a daily rate of $7.50 per pupil for
9three or more hours each day of academic and enrichment activities,
10a rate that experts say is woefully inadequate to run a high-quality
11program.

12(4) The daily rate has not been changed since 2006, despite a
13decade of substantial increases to the costs of operating these
14programs.

15(5) The most significant program cost increases were the two
16statutory minimum wage increases, the first on July 1, 2014, and
17the second on January 1, 2016.

P3    1(6) As costs significantly outpace funding, ASES programs have
2been stretched to the breaking point.

3(7) The ASES daily rate must be increased by fifty cents for
4each one dollar increase to the minimum wage. The minimum
5wage increase in effect as of January 1, 2016, would translate to
6an increase in the daily rate from $7.50 to $8.50, a 13.33 percent
7increase.

8(b) It is therefore the intent of the Legislature to augment the
9ASES budget in an amount sufficient to match the increased costs
10of the current minimum wage.

11(c) It is further the intent of the Legislature to ensure the
12continuation and stability of high-quality ASES programs by
13adopting a statute that requires the Department of Finance to
14provide a cost-of-living adjustment to ASES programs in any year
15in which there is an increase in the consumer price index.

16

SEC. 2.  

Section 8483.73 is added to the Education Code, to
17read:

18

8483.73.  

(a) For the 2016-17 fiscal year, and for each fiscal
19year thereafter, seventy-three million two hundred sixty thousand
20 dollars ($73,260,000) is hereby continuously appropriated from
21the General Fund to the department for purposes of the program
22established pursuant to this article. Commencing with the 2017-18
23fiscal year, and each fiscal year thereafter, the Department of
24Finance shall adjust this amount by adding the product of six
25hundred twenty-three million two hundred sixty thousand dollars
26($623,260,000) multiplied by the percentage change in the
27California Consumer Price Index from the 2016-17 fiscal year,
28provided that adjustment does not result in a reduction in any fiscal
29year.

30(b) begin insertThe department shall adjust the dollar amounts specified in
31Sections 8482.55, 8483.7, 8483.75, and 8483.76 in accordance
32with the amount provided in the Budget Act for the 2016-17 fiscal
33year. end insert
Commencing with the 2017-18 fiscal year, and each fiscal
34year thereafter, the department shallbegin delete annuallyend delete adjust the dollar
35amounts specified in Sections 8482.55, 8483.7, 8483.75, and
368483.76 by an amount necessary to reflect the percentage change
37in the California Consumer Price Index from the 2016-17 fiscal
38year, provided that adjustment does not result in a reduction in any
39fiscal year.

P4    1(c) For purposes of making the computations required by Section
28 of Article XVI of the California Constitution, the appropriations
3made by subdivision (a) shall be deemed to be “General Fund
4revenues appropriated for school districts,” as defined in
5subdivision (c) of Section 41202, for the fiscal year in which they
6were appropriated, and included within the “total allocations to
7school districts and community college districts from General Fund
8proceeds of taxes appropriated pursuant to Article XIII B,” as
9defined in subdivision (e) of Section 41202, for the fiscal year in
10which they were appropriated.



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