BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1831
                                                                  Page  1

          Date of Hearing:   May 12, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 1831 (Solorio) - As Amended:  April 28, 2010 

          Policy Committee:                              EducationVote:6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires an application and an approved program plan  
          (part of renewal) for the After School Education and Safety  
          (ASES) program, which serves 15% or more English language  
          learner (ELL pupils), to include a description of the manner in  
          which the program will support English language development  
          (ELD) and language acquisition for ELLs.  Specifically, this  
          bill: 

          1)Requires the ASES program plan to include: (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  
            ELD and language acquisition for ELLs.  

          2)Requires technical assistance for ASES programs, as provided  
            by the State Department of Education (SDE) or a contractor, to  
            include training and professional development for supporting  
            ELD and language acquisition for ELLs as required in the  
            plans.  

           FISCAL EFFECT  

          GF/98 cost pressure, likely between $2 million and $4 million,  
          to provide training to ASES program staff on ELD and language  
          acquisition strategies.  SDE reports it plans to use existing  
          grant funding to support ASES technical assistance activities  
          for ELL pupils (see comment #2 below).    

          The 2009 Budget Act allocated $547 million for the ASES program,  
          which provides 400,000 slots each day to elementary and middle  








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          school children.  This program is one of four categorical  
          programs funded entirely with GF/98 monies that did not receive  
          a 19.8% reduction.  Likewise, the ASES program is one of 21  
          categorical programs that are not included in the budget  
          flexibility.  Therefore, local education agencies (LEAs) cannot  
          redirect this funding for any other educational purpose.

           COMMENTS  

           1)Purpose  .  In 2002, the voters approved Proposition 49, which  
            expanded existing before and after school programs and renamed  
            them the ASES program. Proposition 49 has the effect of  
            requiring the state to allocate $550 million annually for  
            before and after school programs. State funding for the ASES  
            program is continuously appropriated and no longer requires  
            approval by the Legislature as part of the annual budget act.  
            The amount of additional funding pursuant to Proposition 49  
            will be added to the Proposition 98 base in future years.  
            ASES, as modified by Proposition 49, has two main goals:  
            keeping students safe after school and improving student  
            academic outcomes. 
           
          2)ASES program technical assistance  .  SDE established the  
            Regional After School Technical Assistance (RASTA) system for  
            the purpose of providing field-based technical assistance and  
            support in each of the 11 service regions of the California  
            County Superintendents' Educational Services Association  
            (CCSESA). This includes training and support related to  
            accessing local, regional, and statewide resources and  
            directly supporting grantees at the site level and through  
            regional events. 

            The two main areas of focus of the RASTA system are: (a) to  
            provide technical assistance to all grantees and sites to  
            support implementation of programs that fully address all ASES  
            and 21st Century Community Learning Center requirements; and  
            (b) to build capacity throughout the region they serve to  
            develop, implement, and sustain support for effective  
            programs.

            Statue authorizes SDE to use up to 1.5% of ASES funds for  
            administering the program, evaluation, and technical  
            assistance. SDE reports it utilizes a total of $8.25 million  
            GF/98 for these purposes, with approximately $5.2 million  
            GF/98 for technical assistance grants and contracts.  








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            SDE reports it has funding left over from a technical  
            assistance grant with CCSESA's Curriculum and Instruction  
            Steering Committee (CISC) to support technical assistance  
            activities with ASES programs, including activities related to  
            ELL pupils.  According to CCSEAS's website, "CISC initiates  
            collaborative leadership with school districts, SDE, and other  
            partners to ensure programs, practices, and services that  
            support success for all students. The committee identifies  
            statewide curriculum and staff development needs, provides a  
            communication and implementation network for curriculum and  
            professional development activities."    


           3)Is the state expecting too much from ASES program providers  ?   
            The purpose of the ASES program (including its version prior  
            to Proposition 49) was "to create incentives for establishing  
            locally driven before and after school enrichment programs  
            both during schooldays and summer, intercession, or vacation  
            days that partner public schools and communities to provide  
            academic and literacy support and safe, constructive  
            alternatives for youth."  


            The program is required to operate immediately upon the  
            conclusion of the schoolday until 6pm and for a minimum of 15  
            hours a week.  ASES programs receive $7.50 per pupil per day  
            of attendance.  Also, every pupil does not attend an ASES  
            program for the full operating time or every day of the week.   
            Therefore, program attendance varies from day to day.   


            Due to the low reimbursement rate, ASES programs are not  
            required to hire certificated staff.  There have been  
            anecdotal reports that school districts may have a  
            certificated teacher one or two days a week at a program, but  
            it is not required nor does the state know how common this  
            practice is.  


            This bill requires ASES programs that serve 15% or more ELL  
            pupils to include a description of the manner in which the  
            program will support ELD and language acquisition strategies  
            for ELL pupils.  ELD and language acquisition strategies are  
            very specific pedagogical terms that relate to the instruction  








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            of ELL pupils.  These strategies are used by certificated  
            staff to teach ELL pupils English and subject matter content.   
            Given the varied attendance of program pupils, the lack of  
            staff experience, and the original purpose of the program as  
            enrichment, the committee may wish to consider whether an ASES  
            program is the appropriate venue to teach ELL pupils ELD and  
            language acquisition strategies.   


           4)Related legislation  .  AB 2705 (Hall), pending in this  
            committee, requires specified time periods to be spent on  
            specific physical fitness activities in the ASES program and  
            as part of physical education instruction in grades 1-12 by  
            the beginning of the 2013-14 school year, as specified.     


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081