BILL ANALYSIS
AB 1876
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1876 (Torlakson) - As Amended: April 5, 2010
SUBJECT : After School Education and Safety Program
SUMMARY : Makes changes in the After School Education and Safety
(ASES) Program and the federal 21st Century Community Learning
Centers (21st CCLC) Program. Specifically, this bill :
1)Authorizes weekend activities in the ASES programs and
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
CCLC 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.
3)Specifies that priority for 21st CCLC program funding shall be
given to programs that previously received funding to replace
expiring grants if those programs have satisfactorily met
projected pupil outcomes as required by the ASES program
specified in Education Code (EC) section 8484.
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. (EC 8482-8484.6)
2)Requires ASES program providers to submit annual outcome-based
data for evaluation, including research-based indicators and
measurable pupil outcomes for academic performance,
attendance, and positive behavioral changes. Provides that
the CDE may consider these outcomes when determining
eligibility for grant renewal. (EC 8484)
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3)The federal No Child Left Behind (NCLB) Act authorizes funding
for the 21st CCLC program. Specifies that the requirements of
the ASES program apply to the 21st CCLC program with specified
exceptions. (EC 8484.7)
4)Establishes the 21st Century High School After School Safety
and Enrichment for Teens (High School ASSETs) program and
specifies that the purpose of the program is to create
incentives for establishing locally driven after school
enrichment programs that partner schools and communities to
provide academic support and safe, constructive alternatives
for high school pupils in the hours after the regular
schoolday, and that may assist pupils in passing the high
school exit exam. (EC 8421)
FISCAL EFFECT : Unknown
COMMENTS : 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 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.
Weekend activities . Current law provides that programs may
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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 21st CCLC program, costs associated with weekend
activities must be paid from within the program's ASES maximum
or supplemental grant.
According to the author, after school providers have long used
public grants for expenses related to occasional weekend
activities, which act as important incentives for pupils to
attend and successfully participate in after school activities.
In 2007, the CDE indicated that ASES base grants cannot be used
for weekend activities due to lack of statutory authorization.
The federal 21st CCLC program does not prohibit use of funds for
weekend activities, while the state ASES program does. The CDE
has indicated in prior related bills that it does not have
concerns about incorporating the authorization in statute as
long as no additional funds will be provided for this purpose.
The author states, "AB 1876 seeks to fill the gap in state law
by explicitly allowing after school base grants to be used for
weekend activities. However, the bill also acknowledges that
state-funded programs must meet certain attendance goals in
order to maintain their state grants; therefore, the bill makes
it clear that student participation in weekend activities cannot
be counted toward a state-funded program's attendance goals."
21st CCLC program . The state receives almost $130 million
federal funds for the 21st CCLC programs, which, unlike the ASES
program, extends to high schools. The state has chosen to
implement this program almost identical to the state's ASES
program. EC 8484.8 specifies that 40% of the funds shall be
allocated for programs serving elementary and middle school
pupils and 50% shall be allocated for direct grants to community
learning centers serving high school pupils. Elementary and
middle school programs receive grants between $50,000 to
$150,000 and must provide academic assistance, educational
enrichment and family literacy services. Federal requirements
give priority for funding to programs serving Title I kids. The
High School ASSETs program provides grants between $50,000 to
$250,000 per school site based on $10 per student per day, and
requires the following elements:
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1)An academic assistance element that includes at least one of
the following: preparation for the high school exist exam,
tutoring, homework assistance, or college preparation; and,
2)An enrichment element that may include, but is not limited to,
community service, career and technical education, job
readiness, opportunities for mentoring and tutoring younger
pupils, service learning, arts, computer and technology
training, physical fitness and recreation activities.
Existing law, based on NCLB rules, specifies that there is no
guarantee that a program receiving a 21st CCLC program grant (up
to five years) would get a renewal from future state or federal
funding. This bill gives priority for funding to programs that
previously received funding, to replace expiring grants if those
programs have satisfactorily met projected ASES program pupil
outcomes. ASES program providers are required to submit annual
outcome data for pupil and program evaluation. Existing law
authorizes the CDE to consider the outcomes in determining
whether to renew a grant. Existing law specifies that to
demonstrate program effectiveness, grantees must submit
schoolday and program attendance. To demonstrate program
effectiveness based upon individual program focus, one or more
of the following measures must be submitted annually:
1)Positive behavioral changes, as reported by schoolday teachers
or after school staff;
2)STAR test scores;
3)Homework completion rates as reported by schoolday teachers or
after school staff;
4)Skill development as reported by schoolday teachers or after
school staff; and,
5)Any additional measures developed by the CDE, in consultation
with the Advisory Committee.
Existing law authorizes the CDE to terminate an ASES program if
the program fails to demonstrate measurable program outcomes for
three consecutive years. For individual program impact,
measurable program outcomes is judged by pupils participating in
the program demonstrating improvement on one or more of the
aforementioned indicators.
This bill would give programs that previously received funding
and that the CDE has determined has met measurable individual
program outcome(s) to receive priority for 21st CCLC program
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funding. The author states that this bill is intended to give
existing 21st CCLC grantees that have performed well extra
points to ensure continuity of services. The author also states
that this provision is similar to a provision (EC 8421.5) in the
High School ASSETs program that gives priority to expiring
grants that have satisfactorily met their projected attendance
goals and demonstrated other positive outcomes. According to
the CDE, existing programs seeking renewal of their ASSETs
grants are given 10 extra points.
It is unclear whether this provision requires priority for a
program with an existing grant or to a program that had received
a grant at any time in the past.
Staff recommends amending the bill to better clarify the intent
of this provision as follows:
However, priority for funding pursuant to this subdivision shall
be given to programs that previously received funding pursuant
to this subdivision , to replace with expiring grants if those
programs have satisfactorily met projected pupil outcomes
pursuant to subdivision (a) of Section 8484.
Related legislation . AB 983 (Skinner) contained the ASES
weekend provisions that are identical to the provisions in this
bill. The bill was held on the Senate Appropriations Committee
suspense file.
Prior legislation . This bill is almost identical to one of the
provisions in SB 1674 (Torlakson) from 2008. The bill 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
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."
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REGISTERED SUPPORT / OPPOSITION :
Support
Partnership for Children and Youth (sponsor)
A World Fit For Kids! (Los Angeles)
After school All-Starts LA
Aspiranet
Boys & Girls Clubs of Garden Grove
California Alliance of Boys & Girls Clubs
California Association for Health, Physical Education,
Recreation and Dance
Central Valley Afterschool Foundation
Children Now
Fight Crime: Invest in Kids
Fresno County Office of Education
Getting Results In After School Effectively and Tangibly (San
Joaquin County)
Give Every Child a Chance (Manteca)
LA's BEST
League of California Afterschool Providers
Pro-Youth/HEART (Visalia)
THINK Together (Santa Ana)
Woodcraft Rangers (Los Angeles)
One individual
Opposition
One individual
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087