SB 645, as amended, Hancock. After school programs.
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.
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
begin delete and, if this results inend delete an adjustment of the grant provided to the participating begin delete school, would authorize the department to approve a request from the program grantee for an exemption from this adjustment.end delete 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.
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.
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.
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.
This bill would set forth a legislative finding and declaration that this bill furthers the purposes of that act.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8482.3 of the Education Code is amended
(a) The After School Education and Safety Program
4shall be established to serve pupils in kindergarten and grades 1
P3 1to 9, inclusive, at participating public elementary, middle, junior
2high, and charter schools. The specific grades to be served by a
3program at participating schools may be determined in accordance
4with local needs.
5(b) A program may operate a before school component of a
6program, an after school component, or both the before and after
7school components of a program, on one or multiple schoolsites.
8If a program operates at multiple schoolsites, only one application
9shall be required for its establishment.
10(c) (1) Each component of a program established pursuant to
11this article shall consist of the following two elements:
12(A) An educational and literacy element in which tutoring or
13homework assistance is provided in one or more of the following
14areas: language arts, mathematics, history and social science,
15computer training, or science.
16(B) An educational enrichment element that may include, but
17need not be limited to, fine arts, career technical education,
18recreation, physical fitness, and prevention activities.
19(2) Notwithstanding any other provision of this article, the
20majority of the time spent by a pupil who is in kindergarten or any
21of grades 1 to 9, inclusive, and who is participating in a career
22technical education element of a program established pursuant to
23this article shall be at a site that complies with Section 8484.6.
24(d) (1) Applicants shall agree that snacks made available
25through a program shall conform to the nutrition standards in
26Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
2727 of Division 4 of Title 2.
28(2) Applicants shall agree that meals made available through a
29program shall conform to the nutrition standards of the United
30States Department of Agriculture’s at-risk afterschool meal
31component of the Child and Adult Care Food Program (42 U.S.C.
33(e) Applicants for programs established pursuant to this article
34may include any of the following:
35(1) A local educational agency, including, but not limited to, a
36 charter school, the California School for the Deaf (northern
37California), the California School for the Deaf (southern
38California), and the California School for the Blind.
39(2) A city, county, or nonprofit organization in partnership with,
40and with the approval of, a local educational agency or agencies.
P4 1(f) Applicants for grants pursuant to this article shall ensure that
2each of the following requirements is fulfilled, if applicable:
3(1) The application documents the commitments of each partner
4to operate a program on that site or sites.
5(2) The application has been approved by the school district, or
6the charter school governing body, and the principal of each
7participating school for each schoolsite or other site.
8(3) Each partner in the application agrees to share responsibility
9for the quality of the program.
10(4) The application designates the public agency or local
11educational agency partner to act as the fiscal agent. For purposes
12of this section, “public agency” means only a county board of
13supervisors or if the city is incorporated or has a charter, a city
15(5) Applicants agree to follow all fiscal reporting and auditing
16standards required by the department.
17(6) Applicants agree to incorporate into the program both of the
18elements required pursuant to subdivision (c).
19(7) Applicants agree to provide information to the department
20for the purpose of program evaluation pursuant to Section 8483.55.
21(8) Applicants shall certify that program evaluations will be
22based upon Section 8484 and upon any requirements recommended
23by the Advisory Committee on Before and After School Programs
24and adopted by the state board, in compliance with subdivision
25(g) of Section 8482.4.
26(9) The application states the targeted number of pupils to be
27served by the program.
28(10) Applicants agree to provide the following information on
29participating pupils to the department:
30(A) Schoolday attendance rates.
31(B) Program attendance.
32(g) (1) Grantees shall review their after school program plans
33every three years, including, but not limited to, all of the following:
34(A) Program goals. A grantee may specify any new program
35goals that will apply to the following three years during the grant
37(B) Program content, including the elements identified in
P5 1(C) Outcome measures selected from those identified in
2subdivision (a) of Section 8484 that the grantee will use for the
3next three years.
4(D) Any other information requested by the department.
5(E) If the program goals or outcome measures change as a result
6of this review, the grantee shall notify the department in a manner
7prescribed by the department.
8(F) The grantee shall maintain documentation of the after school
9program plan for a minimum of five years.
10(2) The department shall monitor this review as part of its onsite
Section 8482.8 of the Education Code is amended to
(a) If there is a significant barrier to pupil participation
15in a program established pursuant to this article at the school of
16attendance for either the before school or the after school
17component, an applicant may request approval from the
18Superintendent, before or during the grant application process, to
19provide services at another schoolsite for that component. An
20applicant that requests approval shall describe the manner in which
21the applicant intends to provide safe, supervised transportation
22between schoolsites; ensure communication among teachers in the
23regular school program, staff in the before school and after school
24components of the program, and parents of pupils; and coordinate
25the educational and literacy component of the before and after
26school components of the program with the regular school
27programs of participating pupils.
28(b) For purposes of this article, a significant barrier to pupil
29participation in the before school or the after school component
30of a program established pursuant to this chapter means either of
32(1) Fewer than 20 pupils participating in the component of the
34(2) Extreme transportation constraints, including, but not limited
35to, desegregation bussing, bussing for magnet or open enrollment
36schools, or pupil dependence on public transportation.
37(c) In addition to the authority to transfer funds among school
38programs pursuant to Sections 8483.7 and 8483.75, and in addition
39to the flexibility provided by subdivisions (a) and (b), a program
40grantee that is temporarily prevented from operating a program
P6 1established pursuant to this article at the program site due to natural
2disaster, civil unrest, or imminent danger to pupils or staff may
3shift program funds to the sites of other programs established
4pursuant to this article to meet attendance targets during that time
6(d) If a program grantee is temporarily prevented from operating
7its entire program due to natural disaster, civil unrest, or imminent
8danger to pupils or staff, the department may recommend, and the
9state board may approve, a request by the grantee for payment
10equal to the amount of funding the grantee would have received
11if it had been able to operate its entire program during that time
13(e) Upon the request of a program grantee, the state board may
14approve other unforeseen events as qualifying a program grantee
15to use the authority provided by subdivisions (c) and (d).
16(f) (1) The Legislature finds and declares that the cost of
17operating a program is exceeding the grant amount provided under
19(2) Commencing January 1, 2016, a program established
20pursuant to this article may suspend its operation for no more than
21five schooldays in a fiscal year.
begin delete If the suspension results in a grant pursuant to clause (ii) or
23(iii) of subparagraph (A) of paragraph (1) of subdivision (a) of
begin delete 8483.7, the department may approve a request from the Cost savings that result from a suspension of a program
25program grantee for an exemption from the adjustment.end delete
28in accordance with this subdivision shall be used solely by the
29entity that is providing direct services to pupils.
30(3) This subdivision shall remain in effect only until July 1,
312017, unless a later enacted statute, that is enacted before July 1,
322017, deletes or extends that date.
Section 8483 of the Education Code is amended to
(a) (1) Every after school component of a program
36established pursuant to this article shall commence immediately
37upon the conclusion of the regular schoolday, and operate a
38minimum of 15 hours per week, and at least until 6 p.m. on every
39regular schoolday. Every after school component of the program
40shall establish a policy regarding reasonable early daily release of
P7 1pupils from the program. For those programs or schoolsites
2operating in a community where the early release policy does not
3meet the unique needs of that community or school, or both,
4documented evidence may be submitted to the department for an
5exception and a request for approval of an alternative plan.
6(2) It is the intent of the Legislature that
each attending pupil
7participate in the full day of the program for each day in which
8the pupil attends the program.
9(3) In order to develop an age-appropriate after school program
10for pupils in middle school or junior high school, programs
11established pursuant to this article may implement a flexible
12attendance schedule for those pupils. Priority for enrollment of
13pupils in middle school or junior high school shall be given to
14pupils who attend daily.
15(b) The administrators of a program established pursuant to this
16article have the option of operating during any combination of
17summer, intersession, or vacation periods for a minimum of three
18hours per day for the regular school year pursuant to Section
Section 8483.1 of the Education Code is amended to
(a) (1) Every before school program component
23established pursuant to this article shall in no instance operate for
24less than one and one-half hours per regular schoolday. Every
25program shall establish a policy regarding reasonable late daily
26arrival of pupils to the program.
27(2) (A) It is the intent of the Legislature that each attending
28pupil participate in the full day of the program for each day in
29which the pupil attends the program, except when arriving late in
30accordance with the late arrival policy described in paragraph (1)
31or as reasonably necessary.
32(B) A pupil who attends less than one-half of the daily program
33hours shall not be counted for the purposes of attendance.
34(3) In order to develop an age-appropriate before school program
35for pupils in middle school or junior high school, programs
36established pursuant to this article may implement a flexible
37attendance schedule for those pupils. Priority for enrollment of
38pupils in middle school or junior high school shall be given to
39pupils 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.
The Legislature finds and declares that this act furthers
10the purposes of the After School Education and Safety Program
11Act of 2002.