BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 983
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 983 (Skinner)
          As Introduced  February 27, 2009
          Majority vote 

           EDUCATION           8-2         APPROPRIATIONS      12-5        
           
           ------------------------------------------------------------------- 
          |Ayes:|Brownley, Ammiano,        |Ayes:|De Leon, Ammiano, Charles   |
          |     |Arambula,                 |     |Calderon, Davis, Fuentes,   |
          |     |Buchanan, Carter, Eng,    |     |Hall, John A. Perez, Price, |
          |     |Solorio,                  |     |Skinner, Solorio,           |
          |     |Torlakson                 |     |Torlakson, Krekorian        |
          |     |                          |     |                            |
          |-----+--------------------------+-----+----------------------------|
          |Nays:|Nestande, Miller          |Nays:|Nielsen, Duvall, Harkey,    |
          |     |                          |     |Miller,                     |
          |     |                          |     |Audra Strickland            |
          |     |                          |     |                            |
           ------------------------------------------------------------------- 
           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, potential General Fund/Proposition 98 cost pressure,  








                                                                  AB 983
                                                                  Page  2


          likely in the hundreds of thousands of dollars.

           COMMENTS  :  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  
          2008-09, 377 districts and county offices of education received  
          grants serving 3,800 schools, 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:

          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.

          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  
          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.









                                                                  AB 983
                                                                  Page  3


          "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  
          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.

          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  








                                                                  AB 983
                                                                  Page  4


          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."

          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 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."


           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087  



                                                                FN: 0001143