Amended in Assembly August 17, 2015

Amended in Assembly July 7, 2015

Amended in Senate June 2, 2015

Amended in Senate April 6, 2015

Senate Bill No. 645

Introduced by Senator Hancock

February 27, 2015

An act to amend Sections 8482.3, 8482.8, 8483, and 8483.1 of the Education Code, relating to after school programs.

LEGISLATIVE COUNSEL’S DIGEST

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. begin insert Existing law requires applicants for grants to, among other things, state the targeted number of pupils to be served by the program, and requires the department, for any school in the program that is under its targeted attendance level by more than 15% in each of 2 consecutive years, to adjust the grant level, and, in any year after the initial grant year, if a school’s actual attendance level falls below 75% of the targeted attendance level, to review the program and adjust its grant level as appropriate. end insert

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 in end delete begin insert and would prohibit end insert 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 begin insert school as a result of a suspension. end insert 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 1.  

Section 8482.3 of the Education Code is amended
to read:

8482.3.  

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

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

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

(A) An educational and literacy element 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 science.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Schoolday attendance rates.

(B) Program attendance.

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

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

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

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

(D) Any other information requested by the department.

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

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

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

SEC. 2.  

Section 8482.8 of the Education Code is amended to
read:

8482.8.  

(a) If there is a significant barrier to pupil participation
in a program established pursuant to this article at the school of
attendance for either the before school or the after school
component, an applicant may request approval from the
Superintendent, before or during the grant application process, to
provide services at another schoolsite for that component. An
applicant that requests approval shall describe the manner in which
the applicant intends to provide safe, supervised transportation
between schoolsites; 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.

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

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

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

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

(d) 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 department may recommend, and the
state board may approve, a request by the grantee for payment
equal to the amount of funding the grantee would have received
if it had been able to operate its entire program during that time
period.

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

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

(2) Commencing January 1, 2016, a program established
pursuant to this article may suspend its operation for no more than
five schooldays in a fiscal year. begin delete If the suspension results in a grant
adjustment end delete begin insert A grant shall not be adjusted end insert pursuant to clause (ii) or
(iii) of subparagraph (A) of paragraph (1) of subdivision (a) of
Section begin delete 8483.7, the department may approve a request from the
program grantee for an exemption from the adjustment. end delete begin insert 8483.7 as
a result of a program suspending its operation pursuant to this
paragraph. end insert Cost savings that result from a suspension of a program
in accordance with this subdivision shall be used solely by the
entity that is providing direct services to pupils.

(3) This subdivision shall remain in effect only until July 1,
2017, unless a later enacted statute, that is enacted before July 1,
2017, deletes or extends that date.

SEC. 3.  

Section 8483 of the Education Code is amended to
read:

8483.  

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

(2) It is the intent of the Legislature that each attending pupil
participate in the full day of the program for each day in which
the pupil attends the program.

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

(b) The administrators of a program established pursuant to this
article have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day for the regular school year pursuant to Section
8483.7.

SEC. 4.  

Section 8483.1 of the Education Code is amended to
read:

8483.1.  

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

(2) (A) It is the intent of the Legislature that each attending
pupil participate in the full day of the program for each day in
which the pupil attends the program, except when arriving late in
accordance with the late arrival policy described in paragraph (1)
or as reasonably necessary.

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

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

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

(c) Every before school program component established pursuant
to this article shall offer a breakfast meal as described by Section
49553 for all program participants.

SEC. 5.  

The Legislature finds and declares that this act furthers
the purposes of the After School Education and Safety Program
Act of 2002.