Amended in Assembly July 7, 2015

Amended in Senate June 2, 2015

Amended in Senate April 6, 2015

Senate BillNo. 645


Introduced by Senator Hancock

February 27, 2015


An act tobegin delete add Section 8483.73 to,end deletebegin insert amend Sectionsend insertbegin insert 8482.3, 8482.8, 8483, and 8483.1 ofend insert the Education Code, relating to after school programs.

LEGISLATIVE COUNSEL’S DIGEST

SB 645, as amended, Hancock. After schoolbegin delete programs: grant amounts.end deletebegin insert programs.end insert

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 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. The act specifies the maximum grant amount and related amounts for each of these grants, 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.

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This bill would, to the extent funding is provided in the annual Budget Act, require the department to proportionately adjust the maximum grant amounts and those related amounts to reflect that appropriation.

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This bill would, commencing January 1, 2016, and until July 1, 2017, authorize a program to suspend its operation for up to 5 schooldays in a fiscal year and, if this results in an adjustment of the grant provided to the participating school, would authorize the department to approve a request from the program grantee for an exemption from this adjustment. The bill would require that cost savings that result from a suspension be used solely by the entity that is providing direct services to pupils. The bill would also authorize the program to determine the specific grades to serve in accordance with local needs.

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Existing law expresses the intent of the Legislature that, for the before and after school components of the program, participating middle school and junior high school pupils should attend a minimum number of hours, days, or both, as specified, while elementary school pupils should participate in the full day of these components of the program for each day in which they participate, except as provided.

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This bill would instead express the intent of the Legislature that each attending pupil participate in the full day of the before or after school components of the program for each day in which the pupil attends the program, except as provided.

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The After School Education and Safety Program Act of 2002 authorizes the Legislature to amend certain of its provisions to further its purposes by majority vote of each house.

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This bill would set forth a legislative finding and declaration that this bill furthers the purposes of that act.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8482.3 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

8482.3.  

(a) The After School Education and Safety Program
4shall be established to serve pupils in kindergarten and grades 1
5to 9, inclusive, at participating public elementary, middle, junior
6high, and charter schools.begin insert The specific grades to be served by a
7program at participating schools may be determined in accordance
8with local needs.end insert

P3    1(b) A program may operate a before school component of a
2program, an after school component, or both the before and after
3school components of a program, on one or multiple schoolsites.
4If a program operates at multiple schoolsites, only one application
5shall be required for its establishment.

6(c) (1) Each component of a program established pursuant to
7this article shall consist of the following two elements:

8(A) An educational and literacy element in which tutoring or
9homework assistance is provided in one or more of the following
10areas: language arts, mathematics, history and social science,
11computer training, or science.

12(B) An educational enrichment element that may include, but
13need not be limited to, fine arts, career technical education,
14recreation, physical fitness, and prevention activities.

15(2) Notwithstanding any other provision of this article, the
16majority of the time spent by a pupil who is in kindergarten or any
17of grades 1 to 9, inclusive, and who is participating in a career
18technical education element of a program established pursuant to
19this article shall be at a site that complies with Section 8484.6.

20(d) (1) Applicants shall agree that snacks made available
21through a program shall conform to the nutrition standards in
22Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
2327 of Division 4 of Title 2.

24(2) Applicants shall agree that meals made available through a
25program shall conform to the nutrition standards of the United
26States Department of Agriculture’s at-risk afterschool meal
27component of the Child and Adult Care Food Program (42 U.S.C.
28Sec. 1766).

29(e) Applicants for programs established pursuant to this article
30may include any of the following:

31(1) A local educational agency, including, but not limited to, a
32 charter school, the California School for the Deaf (northern
33California), the California School for the Deaf (southern
34California), and the California School for the Blind.

35(2) A city, county, or nonprofit organization in partnership with,
36and with the approval of, a local educational agency or agencies.

37(f) Applicants for grants pursuant to this article shall ensure that
38each of the following requirements is fulfilled, if applicable:

39(1) The application documents the commitments of each partner
40to operate a program on that site or sites.

P4    1(2) The application has been approved by the school district, or
2the charter school governing body, and the principal of each
3participating school for each schoolsite or other site.

4(3) Each partner in the application agrees to share responsibility
5for the quality of the program.

6(4) The application designates the public agency or local
7educational agency partner to act as the fiscal agent. For purposes
8of this section, “public agency” means only a county board of
9supervisors or if the city is incorporated or has a charter, a city
10council.

11(5) Applicants agree to follow all fiscal reporting and auditing
12standards required by the department.

13(6) Applicants agree to incorporate into the program both of the
14elements required pursuant to subdivision (c).

15(7) Applicants agree to provide information to the department
16for the purpose of program evaluation pursuant to Section 8483.55.

17(8) Applicants shall certify that program evaluations will be
18based upon Section 8484 and upon any requirements recommended
19by the Advisory Committee on Before and After School Programs
20and adopted by the state board, in compliance with subdivision
21(g) of Section 8482.4.

22(9) The application states the targeted number of pupils to be
23served by the program.

24(10) Applicants agree to provide the following information on
25participating pupils to the department:

26(A) Schoolday attendance rates.

27(B) Program attendance.

28(g) (1) Grantees shall review their after school program plans
29every three years, including, but not limited to, all of the following:

30(A) Program goals. A grantee may specify any new program
31goals that will apply to the following three years during the grant
32renewal process.

33(B) Program content, including the elements identified in
34subdivision (c).

35(C) Outcome measures selected from those identified in
36subdivision (a) of Section 8484 that the grantee will use for the
37next three years.

38(D) Any other information requested by the department.

P5    1(E) If the program goals or outcome measures change as a result
2of this review, the grantee shall notify the department in a manner
3prescribed by the department.

4(F) The grantee shall maintain documentation of the after school
5program plan for a minimum of five years.

6(2) The department shall monitor this review as part of its onsite
7monitoring process.

8begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8482.8 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
9read:end insert

10

8482.8.  

(a) If there is a significant barrier to pupil participation
11in a program established pursuant to this article at the school of
12attendance for either the before school or the after school
13component, an applicant may request approval from the
14Superintendent, before or during the grant application process, to
15provide services at another schoolsite for that component. An
16applicant that requests approval shall describe the manner in which
17the applicant intends to provide safe, supervised transportation
18between schoolsites; ensure communication among teachers in the
19regular school program, staff in the before school and after school
20components of the program, and parents of pupils; and coordinate
21the educational and literacy component of the before and after
22school components of the program with the regular school
23programs of participating pupils.

24(b) For purposes of this article, a significant barrier to pupil
25participation in the before school or the after school component
26of a program established pursuant to this chapter means either of
27the following:

28(1) Fewer than 20 pupils participating in the component of the
29program.

30(2) Extreme transportation constraints, including, but not limited
31to, desegregation bussing, bussing for magnet or open enrollment
32schools, or pupil dependence on public transportation.

33(c) In addition to the authority to transfer funds among school
34programs pursuant to Sections 8483.7 and 8483.75, and in addition
35to the flexibility provided by subdivisions (a) and (b), a program
36grantee that is temporarily prevented from operating a program
37established pursuant to this article at the program site due to natural
38disaster, civil unrest, or imminent danger to pupils or staff may
39shift program funds to the sites of other programs established
P6    1pursuant to this article to meet attendance targets during that time
2period.

3(d) If a program grantee is temporarily prevented from operating
4its entire program due to natural disaster, civil unrest, or imminent
5danger to pupils or staff, the department may recommend, and the
6state board may approve, a request by the grantee for payment
7equal to the amount of funding the grantee would have received
8if it had been able to operate its entire program during that time
9period.

10(e) Upon the request of a program grantee, the state board may
11approve other unforeseen events as qualifying a program grantee
12to use the authority provided by subdivisions (c) and (d).

begin insert

13(f) (1) The Legislature finds and declares that the cost of
14operating a program is exceeding the grant amount provided under
15this article.

end insert
begin insert

16(2) Commencing January 1, 2016, a program established
17pursuant to this article may suspend its operation for no more than
18five schooldays in a fiscal year. If the suspension results in a grant
19adjustment pursuant to clause (ii) or (iii) of subparagraph (A) of
20paragraph (1) of subdivision (a) of Section 8483.7, the department
21may approve a request from the program grantee for an exemption
22from the adjustment. Cost savings that result from a suspension
23of a program in accordance with this subdivision shall be used
24solely by the entity that is providing direct services to pupils.

end insert
begin insert

25(3) This subdivision shall remain in effect only until July 1,
262017, unless a later enacted statute, that is enacted before July 1,
272017, deletes or extends that date.

end insert
28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8483 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
29read:end insert

30

8483.  

(a) (1) Every after school component of a program
31established pursuant to this article shall commence immediately
32upon the conclusion of the regular schoolday, and operate a
33minimum of 15 hours per week, and at least until 6 p.m. on every
34regular schoolday. Every after school component of the program
35shall establish a policy regarding reasonable early daily release of
36pupils from the program. For those programs or schoolsites
37operating in a community where the early release policy does not
38meet the unique needs of that community or school, or both,
39documented evidence may be submitted to the department for an
40exception and a request for approval of an alternative plan.

P7    1(2) It is the intent of the Legislature thatbegin delete elementary school
2pupilsend delete
begin insert each attending pupilend insert participate in the full day of the
3programbegin delete everyend deletebegin insert for eachend insert daybegin delete duringend deletebegin insert inend insert whichbegin delete pupils participate and
4that pupils in middle school or junior high school attend a minimum
5of nine hours a week and three days a week to accomplish program
6goals.end delete
begin insert the pupil attends the program.end insert

7(3) In order to develop an age-appropriate after school program
8for pupils in middle school or junior high school, programs
9established pursuant to this article may implement a flexible
10attendance schedule for those pupils. Priority for enrollment of
11pupils in middle school or junior high school shall be given to
12pupils who attend daily.

13(b) The administrators of a program established pursuant to this
14article have the option of operating during any combination of
15summer, intersession, or vacation periods for a minimum of three
16hours per day for the regular school year pursuant to Section
178483.7.

18begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8483.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
19read:end insert

20

8483.1.  

(a) (1) Every before school program component
21established pursuant to this article shall in no instance operate for
22less than one and one-half hours per regular schoolday. Every
23program shall establish a policy regarding reasonable late daily
24arrival of pupils to the program.

25(2) (A) It is the intent of the Legislature thatbegin delete elementary school
26pupilsend delete
begin insert each attending pupilend insert participate in the full day of the
27programbegin delete everyend deletebegin insert for eachend insert daybegin delete duringend deletebegin insert inend insert whichbegin delete pupils participate and
28that pupils in middle school or junior high school attend a minimum
29of six hours a week or three days a week to accomplish program
30goals,end delete
begin insert the pupil attends the program,end insert except when arriving late in
31accordance with the late arrival policy described in paragraph (1)
32or as reasonably necessary.

33(B) A pupil who attends less than one-half of the daily program
34hours shall not be counted for the purposes of attendance.

35(3) In order to develop an age-appropriate before school program
36for pupils in middle school or junior high school, programs
37established pursuant to this article may implement a flexible
38attendance schedule for those pupils. Priority for enrollment of
39pupils in middle school or junior high school shall be given to
40pupils who attend daily.

P8    1(b) The administrators of a before school program established
2pursuant to this article shall have the option of operating during
3any combination of summer, intersession, or vacation periods for
4a minimum of two hours per day for the regular school year
5pursuant to Section 8483.75.

6(c) Every before school program component established pursuant
7to this article shall offer a breakfast meal as described by Section
849553 for all program participants.

9begin insert

begin insertSEC. 5.end insert  

end insert

begin insertThe Legislature finds and declares that this act furthers
10the purposes of the After School Education and Safety Program
11Act of 2002.end insert

begin delete12

SECTION 1.  

Section 8483.73 is added to the Education Code,
13to read:

14

8483.73.  

To the extent funding is provided in the annual Budget
15Act, the department shall proportionately adjust the dollar amounts
16for grant amounts and per pupil per day formulas specified in
17Sections 8482.55, 8483.7, 8483.75, and 8483.76 by an amount
18necessary to reflect that appropriation.

end delete


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