BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 983
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          Date of Hearing:   April 15, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                 AB 983 (Skinner) - As Introduced:  February 27, 2009
           
          SUBJECT  :   Before and After School Programs

           SUMMARY  :  Authorizes weekend activities in the After School  
          Education and Safety (ASES) Program.  Specifically,  this bill  :  

          1)Authorizes ASES programs to operate on weekends.  Specifies  
            that costs associated with weekend activities shall be paid  
            from the program's maximum grant or supplemental grant.

          2)Provides that except for programs funded by the federal 21st  
            Century Community Learning Centers program, attendance in  
            weekend activities shall not be included in the program's  
            attendance report to the California Department of Education  
            (CDE) for the purpose of calculating maximum or supplemental  
            grant levels.

           EXISTING LAW  establishes the ASES program through the 2002 voter  
          approved initiative, Proposition 49. The ASES program funds the  
          establishment of local after school education and enrichment  
          programs, which are created through partnerships between schools  
          and local community resources to provide literacy, academic  
          enrichment and safe constructive alternatives for students in  
          kindergarten through ninth grade.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis of an almost identical bill from 2008, there  
          are no additional General Fund/Proposition 98 costs to the  
          state.

           COMMENTS  :   The ASES program  .  The ASES program, passed by voters  
          as Proposition 49 in 2002, provide almost $550 million for  
          before and after school programs for students in kindergarten  
          through grade 9.  In 2007-08, 387 predominantly districts and  
          county offices of education received grants, although local  
          governments and nonprofit organizations working in partnership  
          with local educational agencies may also apply.  After school  
          programs must commence right after school and at least until 6  
          p.m. for 15 hours per week.  There are two program requirements  
          as follows:








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          1)An educational and literacy component in which tutoring and  
            homework assistance is provided to help students meet state  
            standards in one or more of the following core academic  
            subjects:  reading/language arts, math, history and social  
            studies, or science.  

          2)An educational enrichment component that reinforce and  
            complement the school's academic program and may include, but  
            is not limited to, positive youth development strategies,  
            recreation and prevention strategies.  Such activities may  
            include but is not limited to visual and performing arts,  
            music, career technical education, recreation, physical  
            fitness and prevention activities, and other youth development  
            activities based on student needs and interests.

           Weekend activities  .  Current law provides that programs may  
          operate during any combination of summer, intersession or  
          vacation periods.  This bill authorizes ASES programs to also  
          include activities during the weekend (e.g., for field trips,  
          special events) and specifies that, except for programs funded  
          by the federal 21st Century Community Learning Centers program,  
          costs associated with weekend activities must be paid from  
          within the program's ASES maximum or supplemental grant.  

          According to the author, "For more than 20 years, after school  
          providers have been using these public grants for after school  
          services to pay for expenses incurred in occasional weekend  
          activities. These activities are generally of an enrichment  
          nature and are used as incentives for after school students to  
          attend and successfully participate in week-day after school  
          activities.

          "For example, at times, after school programs will receive a  
          block of free tickets to a local museum.  The program will use  
          those tickets to reward students who have been performing well  
          during the week.  However, there are still costs associated with  
          the trip that the program must cover (e.g. staff chaperones, bus  
          rental).
          
          "Until recently, the programs have used a small portion of their  
          base grants from the state After School Education and Safety  
          program and the federal 21st Century Community Learning Centers  
          program to pay the additional expenses. In 2007, the Department  
          of Education opined that base grants could not be used for  








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          weekend activities because the statute does not explicitly allow  
          it.  This opinion has complicated the efforts of many after  
          school providers to use weekend activities as a valuable  
          incentive tool." 

          According to the CDE, weekend activities are not authorized;  
          however, CDE staff does not have concerns about incorporating  
          the authorization in statute if no additional funds will be  
          provided for this purpose.

           Prior Legislation  .  This bill is almost identical to one of the  
          provisions in SB 1674 (Torlakson) from 2008.  There is, however,  
          one difference in this bill.  This bill prohibits the  
          state-funded program under ASES from reporting weekend  
          participation for the purpose of calculating the maximum grant  
          or supplemental grant, but it specifically exempts federally  
          funded 21st Century Community Learning programs from this  
          provision.  The state receives almost $170 million for 21st  
          Century programs, which are identical to the ASES programs,  
          except that 21st Century programs extend to high schools.   
          According to the CDE, the federal program does not prohibit use  
          of funds for weekend activities, while the state ASES program  
          does.   

          SB 1674 was vetoed by Governor Schwarzenegger with the following  
          message:

          "As the primary author of Proposition 49 that created the After  
          School Education and Safety Program (ASES) Act, I am very proud  
          of the good work that after school providers have done in  
          serving kids over the years.  While providing students with  
          educationally enriching activities during weekend hours is a  
          worthy goal, this bill takes the program beyond the original  
          scope of the ASES program.  After school programs are intended  
          to provide students with access to quality tutoring, homework  
          assistance, and educational enrichment during weekday non-school  
          hours, when they are most at risk of being involved in dangerous  
          activities."

           Arguments in Support  .  The California Association for Health,  
          Physical Education, Recreation and Dance states that "this bill  
          is critical to the physical activity, health, and well-being of  
          youth today, particularly as it allows before and after school  
          programs to operate on weekends.  Weekends can be vulnerable  
          times for youth, especially as these days often are unstructured  








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          and afford youth ample time to engage in unhealthy behaviors.   
          Students desperately need programming that gives them a chance  
          to engage in quality physical activities and healthy behaviors  
          on these days.  By allowing before and after school programs to  
          serve students on weekends, we are providing students with this  
          valuable opportunity."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          A World Fit for Kids
          After School All-Stars LA (co-sponsor)
          Alum Rock Union Elementary School District 
          Aspiranet
          Bay Area Partnership for Children and Youth (co-sponsor)
          Boys & Girls Clubs of Garden Grove
          California Alliance of Boys & Girls Clubs
          California Association for Health, Physical Education,  
          Recreation and Dance (CAHPERD)
          Central Valley Afterschool Foundation 
          Children NOW
          FightCrime: Invest in Kids
          LA's BEST (co-sponsor)
          League of California After-School Providers
          Pro-Youth/HEART After School Program
          San Bernardino City Unified School District 
          Stockton Unified School District 
          Sunset Neighborhood Beacon Center
          Think Together 
          Vallejo City Unified School District
          West Contra Costa Unified School District 
          Woodcraft Rangers
          Zandes Consulting

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087