BILL NUMBER: AB 1349 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 27, 2009
An act to amend Sections 8483.5, 8483.51, and 8483.7 of the
Education Code, relating to before and after school programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1349, as introduced, Torlakson. After School Education and
Safety Program Act of 2002.
(1) The After School Education and Safety Program Act of 2002,
enacted by the initiative measure Proposition 49, 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
continuously appropriates each fiscal year an amount up to
$550,000,000 from the General Fund to the State Department of
Education for purposes of the After School Education and Safety
Program, except in fiscal years when the state's minimum funding
obligation for schools is determined pursuant to a specified
provision, in which case the appropriation for the program is reduced
by a specified percentage.
This bill would revise the formula by which the percentage
reduction is determined and would specify that the state would not
incur a maintenance factor when the appropriation is reduced.
(2) Existing law makes the continuous appropriation for purposes
of the After School Education and Safety Program available for
encumbrance for one year after the date upon which they first become
available for encumbrance and subject to reversion to the General
Fund.
This bill instead would make the appropriation subject to
reversion to the Proposition 98 Reversion Account.
(3) Existing law makes a school that establishes a program
pursuant to the After School Education and Safety Program eligible to
receive a 3-year direct grant that is awarded in 3 one-year
increments. The amount of these grants is determined, in part, on a
per-pupil basis.
This bill would provide that the per-pupil rates may be adjusted
for cost of living in the annual Budget Act.
(4) The California Constitution authorizes the Legislature to
amend an initiative statute by another statute that becomes effective
only when approved by the voters unless the initiative statute
permits amendment or repeal without the approval of the voters. The
initiative measure that enacted the After School Education and Safety
Program Act of 2002 authorizes the Legislature to amend, by statute
passed in each house by a majority vote of the membership concurring
and signed by the Governor, certain of its provisions to further the
purpose of the initiative statute.
The bill would provide for one of its provisions to be submitted
to the voters for approval and would state a legislative finding and
declaration that the other provisions further the purpose of the
initiative measure.
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 8483.5 of the Education Code is amended to
read:
8483.5. (a) It is the intent of the Legislature that a minimum of
eighty-five million dollars ($85,000,000) be appropriated for the
program established pursuant to this article, through the annual
Budget Act. Of the funds appropriated for the program, current grant
recipients have priority for receiving continued funding for the same
purposes for which they previously received an award. This
subdivision shall be in effect only until June 30, 2004.
(b) Commencing with the fiscal year beginning July 1, 2004, and
for each fiscal year thereafter, there shall
8483.5. (a) There shall
be continuously appropriated each fiscal year to the
State Department of Education department
from the General Fund for the program established pursuant to
this article an amount not to exceed five hundred fifty million
dollars ($550,000,000) that is the greater of (1) an amount equal to
the appropriation from the General Fund for the program established
pursuant to this article for the immediately preceding fiscal year,
or (2) an amount equal to the sum of (A) the appropriation from the
General Fund for the program established pursuant to this article for
fiscal year 2003-04 and (B) the amount by which the state's
non-guaranteed General Fund appropriations for the current fiscal
year exceed the sum of (i) the amount of the state's non-guaranteed
General Fund appropriations for the base year plus (ii) one billion
five hundred million dollars ($1,500,000,000). Nothing in
this section prohibits This section does not prohibit
the Legislature from appropriating funds in excess of this
continuous appropriation for the program
established pursuant to this article in excess of this
continuous appropriation .
(c)
(b) For purposes of this section, the term "state's
non-guaranteed General Fund appropriations" shall mean those General
Fund appropriations of the state in a fiscal year other than those
appropriations guaranteed to be applied by the state for the support
of school districts and community college districts pursuant to
Sections 8 and 8.5 of Article XVI of the California Constitution. For
purposes of this section, the "base year" is the fiscal year during
the period July 1, 2000 through June 30, 2004 for which the state's
non-guaranteed General Fund appropriations are the highest as
compared to any other fiscal year during such period.
(d)
(c) (1)
Notwithstanding subdivision (b) (a) ,
in any a fiscal year in which the
Legislature has legal authority pursuant to paragraph (3) of
subdivision (b) of Section 8 of Article XVI of the California
Constitution to reduce the moneys applied by the state for the
support of school districts and community college districts for the
current fiscal year as compared to the moneys applied by the state
for the support of school districts and community colleges during the
immediately preceding fiscal year, the continuous appropriation
pursuant to subdivision (b) shall (a) may
be reduced for that fiscal year by the same percentage by which
the moneys applied by the state for the support of school districts
and community college districts in the current fiscal year is less
than the moneys that would be applied by the state for the
support of school districts and community college districts
during the immediately preceding fiscal year under
paragraph (2) of subdivision (b) of Section 8 of Article XVI of the
California Constitution .
(2) If this subdivision becomes applicable, the state shall not
incur an obligation to provide a maintenance factor for purposes of
this section.
(e)
(d) All funds expended pursuant to this article shall
be used only for the purposes expressed in this article. Except for
funds expended pursuant to subdivision (b)
(a) of Section 8482.55, all funds expended pursuant to this
article shall be used to supplement and not supplant existing levels
of service.
SEC. 2. Section 8483.51 of the Education Code is amended to read:
8483.51. (a) For purposes of Section
8483.5, the term "continuously appropriated" shall not be construed
to mean "without regard to fiscal year." The funds appropriated
pursuant to subdivision (b) (a) of
Section 8483.5 are available for encumbrance for one year after the
date upon which they first become available for encumbrance and are
subject to Section 16304.1 of the Government Code.
(b) Upon expiration of two years following the last day of the
period of its availability, the undisbursed balance of an
appropriation made pursuant to subdivision (a) of Section 8483.5
shall revert to the Proposition 98 reversion account.
SEC. 3. Section 8483.7 of the Education Code is amended to read:
8483.7. (a) (1) (A) Each school that establishes a program
pursuant to this article is eligible to receive a three-year direct
grant, that shall be awarded in three one-year increments and is
subject to the semiannual attendance reporting and
requirements as described in Section 8482.3 once
every three years.
(i) The department shall provide technical support for the
development of a program improvement plan for grantees under
the following conditions:
(I) If actual pupil attendance falls below 75 percent of the
target attendance level in any year of the grant.
(II) If the grantee fails, in any year of the grant, to
demonstrate measurable outcomes pursuant to Section 8484.
(ii) The department shall adjust the grant level of any
a school within the program that is under its
targeted attendance level by more than 15 percent in each of two
consecutive years.
(iii) In any year after the initial grant year, if the actual
attendance level of a school within the program falls below 75
percent of the target attendance level, the department shall perform
a review of the program and adjust the grant level as the department
deems appropriate.
(iv) The department shall create a process to allow a grantee
to voluntarily to lower its annual grant
amount if one or more sites are unable to meet the proposed pupil
attendance levels by the end of the second year of the grant.
(v) A grantee who has had its grant amount reduced may
subsequently request an increase in funding up to the maximum grant
amounts provided under this subdivision.
(vi) The department may terminate the grant of any
a site or program that does not comply with
fiscal reporting, attendance reporting, or outcomes reporting
requirements established by the department and pursuant to Section
8484. The department may withhold the grant allocation for a program
or site if the prior grant year's fiscal or attendance reporting
remain outstanding, until the reports have been filed with the
department.
(vii) Notwithstanding any other provision of this subdivision or
any other provision of law, after the technical assistance required
under clause (i) has been provided, the department may at any time
terminate the grant of any school in a program that fails for three
consecutive years to meet either of the following requirements:
(I) Demonstrate measurable program outcomes pursuant to Section
8484.
(II) Attain 75 percent of its proposed attendance level after
having had its program reviewed and grant level adjusted by the
department.
(B) Direct grants may be awarded to applicants that have
demonstrated readiness to begin operation of a program or to expand
existing programs.
(C) The maximum total direct grant amount awarded annually
pursuant to this paragraph shall be one hundred twelve thousand five
hundred dollars ($112,500) for each regular school year for each
elementary school and one hundred fifty thousand dollars ($150,000)
for each regular school year for each middle or junior high school.
The superintendent shall determine the total annual direct grant
amount for which a site is eligible based on a formula of seven
dollars and fifty cents ($7.50) per pupil per day of pupil attendance
that the program plans to serve, with a maximum total grant of
thirty-seven dollars and fifty cents ($37.50) per projected pupil per
week, and a formula of seven dollars and fifty cents ($7.50) per
projected pupil per day of staff development, with a maximum of three
staff development days per year. A program may provide the three
days of staff development during regular program hours using funds
from the total grant award.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 600.
(B) For middle schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 900.
(3) The maximum total grant amounts set forth in subparagraph (C)
of paragraph (1) may be increased from any funds made available for
this purpose in the annual Budget Act for participating schools that
have pupils on waiting lists for the program. Grants may be increased
by the lesser of an amount that is either 25 percent of the current
maximum total grant amount or equal to the proportion of pupils
unserved by the program as measured by documented waiting lists as of
January 1 of the previous grant year, compared to the actual after
school enrollment on the same date. The amount of the required cash
or in-kind matching funds shall be increased accordingly. First
priority for an increased maximum grant pursuant to this paragraph
shall be given to schools that qualify for funding pursuant to
subdivision (b) of Section 8482.55. Second priority shall be given to
schools that receive funding priority pursuant to subdivision (f) of
Section 8482.55.
(4) A school that establishes a program pursuant to this section
is eligible to receive a supplemental grant to operate the program in
excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation periods for a maximum of the lesser
of the following amounts:
(A) Seven dollars and fifty cents ($7.50) per day per pupil.
(B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to subparagraph (C) of paragraph (1).
(5) Each program shall provide an amount of cash or in-kind local
funds equal to not less than one-third of the total grant from the
school district, governmental agencies, community organizations, or
the private sector. Facilities or space usage may fulfill not more
than 25 percent of the required local contribution.
(6) (A) A grantee may allocate, with departmental approval, up to
125 percent of the maximum total grant amount for an individual
school, so long as the maximum total grant amount for all school
programs administered by the program grantee is not exceeded.
(7) The per-pupil rates specified in this subdivision may be
adjusted for cost of living in the annual Budget Act.
(B) A program grantee that transfers funds for purposes of
administering a program pursuant to subparagraph (A) shall have an
established waiting list for enrollment , and may
transfer only from another school program that has met a minimum of
70 percent of its attendance goal.
(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for after
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
after school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized for startup costs. Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's total funding above the approved grant amount.
(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the
date the grantee accepts the grant.
(e) The department may adjust the amount of a direct grant,
awarded to a new applicant pursuant to this section, on the basis of
the program start date, as determined by the department.
SEC. 4. The Legislature finds and declares that Sections 2 and 3
of this act further the purposes of the After School Education and
Safety Program Act of 2002.
SEC. 5. Section 1 of this act shall become effective only if
approved by the voters pursuant to subdivision (c) of Section 10 of
Article II of the California Constitution.
SEC. 6. The Secretary of State shall submit Section 1 of this act
to the voters at the June 8, 2010, direct primary election in
accordance with provisions of the Government Code and the Elections
Code governing the submission of a statewide measure to the voters.