BILL ANALYSIS Ó SB 645 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 645 (Hancock) - As Amended August 17, 2015 ----------------------------------------------------------------- |Policy |Education |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes an After School Education and Safety (ASES) Program to suspend operation for up to five days in a fiscal year beginning January 1, 2016. Specifically, this bill: SB 645 Page 2 1)Makes Legislative findings and declarations that the cost of operating a program is exceeding the grant amount provided for the program. 2)Authorizes an ASES Program to suspend operation for up to five days in a fiscal year beginning January 1, 2016. Specifies a grant shall not be adjusted as a result of the program suspending its operation. Requires any cost savings associated with the program suspension to be used solely by the entity that is providing direct services to pupils. Sunsets the authorization to suspend operation for up to five days as of July 1, 2017. 3)Authorizes an ASES program to determine the specific grades to be served at participating schools based on local needs. 4)Modifies Legislative intent that pupils in middle school or junior high school attend before and after school programs for a specific minimum number of hours and days and instead expresses 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. FISCAL EFFECT: No initial state fiscal impact, however, the bill will result in Proposition 98/GF cost pressure, potentially up to $14 million, to supplement the loss of program savings once the bill sunsets July 1, 2017. According to the California Department of Education, total grant awards for the 2015-16 year equal $506 million. This bill SB 645 Page 3 allows programs to implement up to five furlough days without a reduction in grant awards. Assuming all grantees applied the maximum five furlough days (out of 180 total operating days), this bill would free up approximately $14 million to be used for program operations. Once the provisions of the bill sunset, the state would likely face pressure to maintain this higher program cost through a comparable rate increase. COMMENTS: 1)Purpose. According to the California After School Coalition and LA's Best, sponsors of this bill, allowing after school programs to impose up to five furlough days will provide modest financial relief to programs that are feeling squeezed by increased minimum wage and sick leave requirements. They state that program funding has remained static since 2002 and programs are at risk of becoming financially unviable or closing down. This bill, they state, will provide modest relief to programs struggling to stay open. 2)Background on furloughs. Furloughs are implemented as a cost saving mechanism during tight fiscal times. Requiring employees to take unpaid leave can provide schools or programs with corresponding savings while avoiding permanent reductions in staff. In response to the state budget crisis, the state cut billions of dollars from local education agencies (LEAs) starting in 2009. In order to provide some fiscal relief, the state authorized school districts, county offices of education, and charter schools to reduce up to five days of instruction (or the equivalent number of instructional minutes) without incurring penalties. Although providing less instructional time helped school SB 645 Page 4 districts balance their budgets, this also meant students were provided less instruction and learning. As the state fiscal situation improved, the Legislature began to reinvest in schools and the Legislature ended the authority for schools to provide less instruction with the 2014-15 school year. 3)Background on ASES. The ASES program was enacted in 2002 by Proposition 49, and statute guarantees $550 million in Proposition 98/GF for ASES grants and program administration each year. This funding has remained constant and was spared budget reductions during the state budget crisis. Although funding has remained constant for after school programs for more than a decade, the Legislature acknowledged the $550 million allocation may not be keeping pace with program costs. This bill follows an attempt to secure increased funding or after school programs in the 2015-16 budget. The Assembly version of the budget provided an additional $50 million. The budget conference committee reduced this amount to $25 million. Ultimately, the Governor signed the budget without an increase in after school funding. 4)Opposition. Children Now is concerned with the provisions of this bill that allow programs to reduce the delivery of services for up to five days. According to Children Now, the bill allows for a discretionary reduction of programming days which will have a nominal impact on the fiscal challenges facing programs and is in direct opposition to the purpose of the ASES grant to provide kids with a safe and enriching space after school. Children Now recognizes the cost pressures programs are facing and that the program has not received a SB 645 Page 5 cost of living adjustment in nine years; however, they state, "Unfortunately, the proposed short term remedy of cutting up to five days of programming will create a small amount of savings ($3,000 to $4,000 a site), doing little to impact the fiscal challenges faced by programs while simultaneously having a direct negative impact on children." Children Now opposes the bill unless amended to remove the provision authorizing furloughs. Children Now supports the remaining sections of the bill that provide program implementation flexibility, including the ability to locally determine which grade levels to offer and adjusting middle school attendance targets. Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081