BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1831
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          Date of Hearing:   April 21, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   AB 1831 (Solorio) - As Amended:  April 13, 2010
           
          SUBJECT  :   After School Education and Safety Program

           SUMMARY  :  Requires an application for After School Education and  
          Safety (ASES) program funding to include in the program plan a  
          description of how the program will support English learners  
          (ELs).  Specifically,  this bill  :  

          1)Makes declarations and findings as follows:

             a)   California public elementary and secondary schools  
               enroll 1.5 million ELs who make up 24% of the total  
               enrollment in the state's public elementary and secondary  
               schools; in some districts, such as Los Angeles Unified  
               School District and the Santa Ana Unified School District,  
               ELs comprise 32% and 56%, respectively, of the student  
               populations;

             b)   ELs lag behind English speakers in academic achievement  
               in language arts, mathematics, standardized tests, high  
               school graduation rates, and college enrollment;  
               researchers attribute this achievement gap, in part, to not  
               enough instructional time;

             c)   Proposition 49 resulted in a significant increase in  
               funding for after school programs;

             d)   Research on EL performance in after school programs  
               shows that these programs significantly increase language  
               acquisition rates for English learners and decrease the  
               time it takes these pupils to redesignate into mainstream  
               English classrooms; 

             e)    It is important that ELs have an equitable opportunity  
               to participate in after school programs funded by  
               Proposition 49 because providing them with quality after  
               school programs will increase their ability to learn  
               English more promptly, increase their success in school,  
               enhance their career opportunities, and improve  
               California's competitiveness in the world; and,








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             f)   Therefore, it is the intent of the Legislature to amend  
               the After School Education and Safety Program Act to  
               additionally ensure that ELs are afforded equal access to  
               after school programs by reserving 24% of the overall  
               funding for after school programs that serve these pupils.   


          2)Specifies that when an applicant submits an application to  
            establish a program and when a grantee reviews its after  
            school program plan, the applicant or grantee shall include in  
            the program plan a description of the manner in which the  
            program will support English language development and  
            acquisition for ELs if ELs will or do comprise 25% or more of  
            the pupils enrolled in the program.  Requires the plan to  
            include, but not be limited to, both of the following:

             a)   Strategies that increase knowledge and usage of the  
               English language through the four domains of language  
               acquisition:  listening, speaking, reading, and writing;  
               and,
             b)   Methods for training and professional development of  
               staff that are designed to support English language  
               development and acquisition for ELs. 

           EXISTING LAW  :

          1)Establishes the ASES program through the 2002 voter approved  
            initiative, Proposition 49, which 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.  (Education Code (EC) 8482)

          2)Requires grantees to review their after school program plans  
            every three years, including, but not limited to, all of the  
            following:

             a)   Program goals.  A grantee may specify any new program  
               goals that will apply to the following three years during  
               the grant renewal process;

             b)   Program content, including the elements identified in EC  
               8482.3(c);








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             c)   Outcome measures selected from those identified in  
               subdivision (a) of Section 8484 that the grantee will use  
               for the next three years;

             d)   Any other information requested by the California  
               Department of Education (CDE); 

             e)   If the program goals or outcome measures change as a  
               result of this review, the grantee shall notify the CDE in  
               a manner prescribed by the CDE; and,

             f)   The grantee shall maintain documentation of the after  
               school program plan for a minimum of five years.  (EC  
               8482.3)

          3)Requires the CDE to monitor the review as part of its onsite  
            monitoring process. (EC 8482.3)

          4)Requires the CDE to consider specified factors in selecting  
            schools to participate in the program, including the  
            percentage of pupils eligible for free and reduced lunch and  
            other indicators of need for the program, including, but not  
            limited to, socioeconomic status, the percentage of ELs at the  
            school, and the availability of programs in the community.   
            (EC 8483.3)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   ELs comprise a significant portion of California's  
          public school population.  About 1.5 million of the state's 6.3  
          million pupils were identified as ELs during the 2008-09 school  
          year, making up 24.2% of the state's total public school  
          enrollment and speaking over 50 different languages.  ELs begin  
          school at a considerable disadvantage relative to their native  
          English speaking peers, as they enter school with different  
          levels of English fluency and must overcome the overwhelming  
          task of learning the academic curriculum and a new language  
          concurrently.  

          CDE data shows that in 2009, only 34% of ELs performed  
          proficient or advanced in the 4th grade English language arts  
          California Standards Test compared to 69% of English-only pupils  
          that performed at those levels.  In 4th grade math, 47% of ELs  
          and 70% of English-only pupils performed proficient or advanced.  








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          California continues to grapple with the challenge of closing  
          the achievement gap that separates ELs from native English  
          speakers and meeting the educational needs of this population of  
          students.

           ASES program.   The ASES program, passed by voters as Proposition  
          49 in 2002, provides almost $550 million for before and after  
          school programs for 400,000 students in kindergarten through  
          grade 9.  In 2009-10, 371 grants were awarded predominantly to  
          districts and county offices of education, with some grants  
          going to local governments and nonprofit organizations working  
          in partnership with local educational agencies (LEAs).  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.
           
          ASES program plan  .  The application for ASES program funding  
          requires the development of a program plan.  According to the  
          CDE, the purpose of the program plan is to create an operational  
          design of an after school program within the framework of the  
          requirements defined in existing law.  The program plan is  
          considered a "living" document that is periodically reviewed and  
          adjusted to reflect the needs of the community and to provide  
          continuous improvement in the development of an effective after  
          school program.  The program plan is expected to be developed  
          and reviewed through a collaborative process that includes  
          parents, youth, community organizations, governmental agencies,  
          after school partners, staff, and working with a subcontractor  








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          if applicable.  The program plan must include descriptions of  
          the program goals, program content, collaboration and  
          partnerships, staffing needs, program administration and outcome  
          measures and evaluation.  Existing law requires the program plan  
          to be reviewed every three years and maintained for a minimum of  
          five years. 

          This bill requires the program plan to include a component on  
          how the program will support the English language development  
          and acquisition of EL students, including strategies that  
          increase the knowledge and usage of the English language through  
          listening, speaking, reading, and writing; and the training that  
          will be provided to ensure that staff has the skills and  
          knowledge to support English language development and  
          acquisition for ELs, if 25% of the program will be comprised of  
          EL students.  The author chose a 25% threshold because ELs  
          comprise almost 25% of pupil enrollment in the state.  However,  
          other provisions of law utilize a lower threshold.  For example,  
          existing law requires schools to send any notification, reports,  
          statements or records (e.g., information regarding testing,  
          health, attendance, suspension and expulsion, English Learner  
          Programs, etc.) in a primary language if 15% or more of the  
          pupils enrolled in the school speak that primary language at  
          home.  Staff recommends lowering the threshold to 15% to ensure  
          that programs are able to adequately support EL students.  

          Research has shown that EL students need more time speaking and  
          that practice is the key to language acquisition.  An October  
          2008 study by Stanford University's John W. Gardner Center for  
          Youth and Their Communities titled "The Effect of After School  
          Program Participation on English Language Acquisition," found  
          that participation in after school program activities had a  
          positive affect on English language development.  Using data  
          from an elementary school and a large after school program  
          provider located in Redwood City and the unincorporated area of  
          North Fair Oaks in San Mateo County, the study found that gains  
          were made by EL students in the listening and speaking portions  
          of the California English Language Development Test (CELDT).   
          Researchers attribute the gain to programs that encourage  
          communication in English.

          An Education Week article titled "Gaining a Voice After School",  
          explains that because speaking time is short during the school  
          day, after school programs can help fill the gap.  The article  
          states, "With some basic professional development, after-school  








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          staff members can readily use techniques that stimulate and  
          stretch language production, build vocabulary, model appropriate  
          speech, and expand listening comprehension.  Good after-school  
          programming motivates children to use their English to  
          participate in games, activities, and projects.  Supportive  
          adult and peer relationships that develop without the pressure  
          of grades and tests help children feel safe using their emerging  
          English, and allow them to take risks going further with new  
          vocabulary and constructions."

          A report provided by the author titled "Maximizing After School  
          Opportunities for English Learners" recommends professional  
          development be provided to after school program staff and  
          incorporating well researched strategies that support ELs during  
          the school day in traditional aspects of after school programs  
          (homework assistance, academics, and enrichment).

          This bill is consistent with study recommendations and will  
          ensure that after school programs that enroll EL students have a  
          plan in place to implement strategies and training suggested by  
          researchers.  

          Existing law authorizes the CDE to use up to 1.5% of the ASES  
          funds for administration, evaluation and providing technical  
          assistance.  Staff recommends requiring technical assistance  
          funds be provided for training and professional development in  
          order to assist after school staff in acquiring the skills and  
          strategies necessary to support EL students.  

           Technical amendment  .  Staff recommends amending the resolve  
          clause in the findings and declarations section to reflect the  
          current version of the bill.  

           Arguments in Support  .  The author states, "California's  
          competitiveness and well-being depend on an educated and  
          productively engaged populace.  Many English learner students  
          require both regular classroom time and after school programs to  
          catch up and join the mainstream school classes.  Without a  
          greater participation by after school programs in quality  
          academic assistance services to English learners, too many  
          California students will be unable to fully participate in  
          educational programs and unable to help move California's  
          economy forward."

           Related legislation  .  AB 2705 (Hall), pending in the Assembly  








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          Appropriations Committee, requires specified time requirements  
          for moderate to vigorous physical activity for pupils in  
          physical education courses and pupils participating in the ASES  
          program.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Teachers of English to Speakers of Other Languages
          Californians Together

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