BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1876|
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THIRD READING
Bill No: AB 1876
Author: Torlakson (D)
Amended: 4/28/10 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 5-2, 6/23/10
AYES: Romero, Alquist, Liu, Price, Simitian
NOES: Huff, Emmerson
NO VOTE RECORDED: Hancock, Wyland
ASSEMBLY FLOOR : 51-24, 5/13/10 - See last page for vote
SUBJECT : After School Education and Safety Program
SOURCE : Partnership for Children and Youth
DIGEST : This bill authorizes state-funded after school
programs to operate on the weekends, within existing grant
funds, and gives priority for federal after school funds to
existing programs that have met specified pupil outcomes.
ANALYSIS : Existing law establishes the After School
Education and Safety (ASES) Program for public and charter
schools to create incentives for establishing before and
after school enrichment programs that partner schools and
communities to provide academic and literacy support and
safe, constructive alternatives for youth.
This bill makes changes in the ASES Program and the federal
21st Century Community Learning Centers (21st CCLC)
CONTINUED
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program. Specifically, this bill:
1. Authorizes weekend activities in the ASES Program 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 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 with expiring grants if those
programs have satisfactorily met projected pupil
outcomes as required by the ASES Program specified in
Section 8484 of the Education Code.
Background
ASES . Proposition 49, passed in 2002, expanded before and
after school opportunities and funding, and renamed the
existing program as the 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.
Relative to this bill, current law:
1. Gives priority for ASES funding to schools where at
least 50 percent of pupils are eligible for free or
reduced price meals.
2. Requires grants made to public school to be awarded
before any other grants are funded, and grants to
elementary and middle school are given priority before
any new grant is awarded.
3. Until June 30, 2004, gave priority for funding to
current grant recipients. Beginning July 1, 2005, ASES
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grantees receive direct funding; once a program is
awarded a grant it continues to receive funding unless
it does not earn attendance or otherwise fails to meet
the parameters of ASES.
4. Authorizes ASES programs to operate during any
combination of summer, intersession or vacation periods.
The proposed 2010-11 budget allocates $547 million (General
Fund, Proposition 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 Senate
Budget and Fiscal Review Committee took action to place an
initiative on the ballot proposing to repeal Proposition
49. If this initiative passes, ASES funding would be
subject to the K-12 categorical flexibility. The Assembly
Budget Committee did not propose to place a repeal of
Proposition 49 on the ballot, and as such, this item is
before the Budget Conference Committee.
21st CCLC program . California also administers the federal
21st CCLC before and after school program. Fifty percent
of 21st Century funding must be dedicated to serving high
school pupils, and may only be awarded to programs that
primarily serve pupils attending Title I schools.
Competitive priority for funding is given to applicants
that serve pupils in Program Improvement schools, but
programs receiving a 21st Century grant are not assured of
grant renewal from future state or federal funding at the
conclusion of the grant period (five years).
21st Century and ASES programs are required to submit
annual outcome-based data for evaluation, including
schoolday attendance, after school program attendance,
positive behavioral changes, STAR test scores, homework
completion rates and skill development. CDE may consider
these outcomes when determining eligibility for grant
renewal, and may terminate a program if it fails to
demonstrate measurable program outcomes for three
consecutive years.
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This bill authorizes state-funded after school programs to
operate on the weekends, within existing grant funds, and
gives priority for federal after school funds to existing
programs that have met specified pupil outcomes.
Specifically, this bill, as it relates to the:
ASES Program
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 CDE 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, pupils enrolled in the
21st Century programs on the weekend should be counted
as attendance for purposes of determining grant amounts.
21st CCLC program
5. Gives priority for 21st Century funding to programs with
expiring grants if those programs have satisfactorily
met projected pupil outcomes specified in current law
(schoolday attendance, after school program attendance,
positive behavioral changes, STAR test scores, homework
completion rtes and skill development).
Related/Prior Legislation
AB 983 (Skinner), 2009-10 Session, 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.
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SB 1674 (Torlakson), 2007-08 Session, is almost identical
to this bill. The bill passed the Senate Floor (25-11) on
August 28, 2008, but was vetoed. In his veto message,
Governor Schwarzenegger stated: "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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/10)
Partnership for Children and Youth (source)
After School All-Stars LA
A World Fit For Kids!
California Alliance of Boys & Girls Clubs
California Association for Health, Physical Education,
Recreation and Dance
California State Alliance of YMCAs
Central Valley Children's Partnership
Children Now
Fight Crime: Invest in Kids
LA's BEST
League of California Afterschool Providers
Team-Up for Youth
Woodcraft Rangers
ARGUMENTS IN SUPPORT : According to the author's office,
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
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authorization.
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."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Coto, Davis, De La Torre, De Leon, Eng,
Evans, Feuer, Fong, Fuentes, Fuller, Furutani, Galgiani,
Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana, Smyth,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Cook, DeVore, Emmerson, Fletcher, Gaines,
Garrick, Gilmore, Harkey, Jeffries, Knight, Logue,
Miller, Nestande, Niello, Nielsen, Silva, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Caballero, Hagman, Norby, Skinner,
Vacancy
PQ:mw 6/24/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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