BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 983
          AUTHOR:        Skinner
          INTRODUCED:    February 27, 2009
          FISCAL COMM:   Yes            HEARING DATE:  July 1, 2009
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  Before and after school programs: weekends.
          
           SUMMARY  

          This bill authorizes providers of After School Education  
          and Safety before and after school programs to operate on  
          weekends in addition to weekdays, using existing grant  
          funds.

           BACKGROUND  

          Current law:

          1)   Proposition 49, passed in 2002, expanded before and  
               after school opportunities and funding, and renamed  
               the existing program as the After School Education and  
               Safety (ASES) program.  The ASES program provides  
               state funding to local before and after school  
               programs, which are administered through partnerships  
               between schools and local community resources to  
               provide literacy, academic enrichment and safe  
               constructive alternatives for pupils in kindergarten  
               through ninth grade.  

          California also administers the federal 21st Century  
               Learning Community Learning Centers before and after  
               school program.  This bill does not affect 21st  
               Century programs, as federal law allows 21st Century  
               programs to operate on weekends.

          2)   Specifies requirements for the operation of ASES,  
               including maximum grant levels, local matching  
               requirements, priority for funding, and authorized  
               expenditures.





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          3)   Authorizes ASES programs to operate during any  
               combination of summer, intersession or vacation  
               periods.  

          The 2009 Budget Act allocates $547 million General Fund  
          (Prop 98) for the ASES program.  Proposition 49 requires  
          state funding for after school programs to be continuously  
          appropriated, thereby no longer requiring approval by the  
          Legislature as part of the annual Budget Act.  ASES funding  
          is not subject to categorical flexibility or associated  
          funding reductions.  The amount of additional funding  
          pursuant to Proposition 49 will be added to the Proposition  
          98 base in future years.

           ANALYSIS
           
           This bill  authorizes providers of After School Education  
          and Safety (ASES) before and after school programs to  
          operate on weekends in addition to weekdays, using existing  
          grant funds.  Specifically, this bill:

          1)   Authorizes the administrators of an ASES before and/or  
               after school program to provide activities on  
               weekends.  

          2)   Requires costs associated with weekend activities to  
               be paid from the program's maximum grant or  
               supplemental grant.

          3)   Prohibits the participation of pupils in the weekend  
               activities from being counted toward attendance  
               reported to the California Department of Education for  
               the calculation of the amounts for either the maximum  
               or supplemental grants. 

          4)   Exempts federal 21st Century before and after school  
               programs from the prohibition detailed in #3 above,  
               because federal law currently allows those programs to  
               operate on weekends.  Therefore, attendance by pupils  
               enrolled in those on the weekend should be counted as  
               attendance for purposes of determining grant amounts.

           STAFF COMMENTS  

           1)   Current practice  ?  Staff has received anecdotal  
               evidence that some ASES programs have been operating  




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               on weekends, whether or not those programs were  
               claiming attendance is unknown.  The California  
               Department of Education has made it very clear that  
               ASES programs are not authorized to operate on the  
               weekend, regardless of whether attendance was claimed  
               or weekend operations were paid for using existing  
               grant funds.

           2)   Fiscal impact  .  According to the Assembly  
               Appropriations Committee analysis of prior legislation  
               that included provisions that were nearly identical to  
               this bill, this bill would not impose additional  
               General Fund (Prop) 98 costs upon the state.

           3)   Related legislation  .  AB 434 (Block) reduces the  
               required local match for ASES programs, and is  
               scheduled for hearing in this Committee on July 1,  
               2009.

           4)   Prior legislation  .  This bill is very similar to one  
               of the provisions in SB 1674 (Torlakson, 2008).  SB  
               1674 was vetoed by the Governor, whose veto message  
               read:  

                    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.
          
           SUPPORT  

          After School All-Stars, LA
          Bay Area Partnership for Children and Youth
          Fight Crime: Invest in Kids
          LA's BEST
          Los Angeles County Office of Education




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          State Public Affairs Committee of the Junior Leagues

           OPPOSITION

           None received.