BILL ANALYSIS �
SB 429
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Date of Hearing: June 22, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 429 (DeSaulnier) - As Amended: April 26, 2011
SENATE VOTE : 26-12
SUBJECT : After School Education and Safety Program:
supplemental grants
SUMMARY : Authorizes an After School Education and Safety (ASES)
Program provider to use supplemental grant funds to operate a
six-hour program and establishes other parameters for programs
operating summer, intersession or vacation programs.
Specifically, this bill :
1)Strikes the provision in the section establishing a before
school program that authorizes a school to be eligible for a
supplemental grant to operate the program in excess of 180
schooldays during any combination of summer, intersession, or
vacation periods for a maximum of 30% of the total grant
amount awarded to the school.
2)Authorizes a before or after school program 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 30% of the
total grant amount awarded, per school year, to the school.
3)Authorizes an existing after school supplemental grantee to
operate a three-hour or a six-hour per day program, but
specifies that an existing supplemental grantee is not
eligible to receive additional grant funds for the purpose of
operating a six-hour program. Specifies that if the grantee
operates a six-hour per day program, the target attendance
level for the purpose of grant reductions pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) of
Education Code (EC) Section 8483.7 shall be computed as if the
grant award were based upon the lesser of $15 per day of pupil
attendance or 30% of the total grant awarded to the school per
school year.
4)Authorizes a supplemental grantee to change the location of
the program to address the needs of pupils and school
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closures. Authorizes the program to be conducted at an offsite
location or at an alternate schoolsite. Requires the
supplemental grantee to give notice to the California
Department of Education (CDE) of the change of location and to
include a plan to provide safe transportation.
5)Authorizes a supplemental grantee to open eligibility to every
pupil attending a school in the district. Specifies that if
the program is conducted at a schoolsite, priority for
enrollment shall be given to the pupils enrolled at the
school.
6)Requires a supplemental grantee operating a six-hour per day
program to provide for each needy pupil at least one
nutritionally adequate free or reduced-price meal during each
program day.
7)Requires a supplemental grantee that operates a six-hour
extended day program to submit, for prior approval by the CDE,
a revised program plan that includes all of the following:
a) A plan for provision of the free or reduced-price meal
required by this bill.
b) An attendance and early release policy for the program
that is consistent with the local educational agency's
early release policy for the regular schoolday.
EXISTING LAW :
1)Establishes the ASES program through the 2002 voter approved
initiative, Proposition 49, which funds the establishment of
local before and 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)
2)Provides that each school that establishes an ASES program is
eligible to receive a three-year direct grant that is awarded
in three one-year increments and is subject to semiannual
attendance reporting and other requirements. (EC 8483.7)
3)Authorizes an ASES program to request, prior to or during the
application process, to provide services at another schoolsite
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if there is a significant barrier to pupil participation at
the school of attendance for either the before school or the
after school component. (EC 8482.8)
4)Authorizes ASES programs to be conducted on the grounds of a
community park, recreational facility or other site as
approved by the Department of Education in the grant
application process. Provides that programs located off of
school grounds cannot be approved unless safe transportation
is provided to the pupils enrolled in the program. (EC
8484.6)
5)Requires applicants to agree that snacks conform to nutrition
standards. (EC 8482.3)
6)Establishes the following for after school programs:
a) A maximum total direct grant awarded annually at
$112,500 for each regular school year for elementary
schools and $150,000 for middle or junior high school. The
amount eligible for a schoolsite is based on a formula of
$7.50 per pupil per day of attendance, at a maximum of
$37.50 per pupil per week. Authorizes a higher maximum
total grant for large schools. (EC 8483.7)
b) Requires programs to begin immediately upon the end of
the regular schoolday and operate a minimum of 15 hours per
week, and at least until 6 p.m. on every regular schoolday.
Requires after school programs to establish a policy
regarding reasonable early daily release of pupils from the
program. (EC 8483)
c) Authorizes an ASES grantee to receive a supplemental
grant to operate in excess of 180 days or during any
combination of summer, intersession, or vacation for a
minimum of three hours per day for a maximum of the lesser
of the following amounts:
i) $7.50 per pupil per day.
ii) 30% of the total grant amount awarded to the school
per school year. (EC 8483.7)
7)Establishes the following for before school programs:
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a) A maximum total grant amount awarded annually at $37,500
for each regular school year for elementary schools and
$49,000 for middle or junior high schools. The amount
eligible per schoolsite is based on a formula of $5 per
pupil per day of attendance, at a maximum of $25 per pupil
per week. Authorizes a higher maximum total grant for
large schools. (EC 8483.75)
b) Requires before school programs to operate for at least
one and a half hours per regular schoolday, and to
establish a policy regarding reasonable late daily arrival
of pupils to the program. Requires before school programs
to offer a breakfast meal for all program participants.
(EC 8483.1)
c) Authorizes a supplemental grant to operate in excess of
180 days or during any combination of summer, intersession
or vacation for a maximum of 30% of the total grant amount
awarded to the school per year for a minimum of two hours
per day for the regular school year. (EC 8483.75 and
8483.1)
8)Requires any program operating both a before and after school
component for the same pupils during summer, intersession, or
vacation periods to operate a minimum of four and a half hours
per day. (EC 8483.2)
FISCAL EFFECT : According to the Senate Appropriations
Committee, potential significant loss of savings. In 2009-10,
less than 5% of ASES supplemental grant funding was unspent and
reverted back to the account.
COMMENTS : ASES program . The ASES program, passed by voters as
Proposition 49 in 2002, provides almost $550 million annually
for before and after school programs for kindergarten through
grade 9 students. In FY 2010-11, 450 predominantly districts
and county offices of education received grants, although local
governments and nonprofit organizations working in partnership
with local educational agencies may also apply. After school
programs must commence right after school and at least until 6
p.m. for 15 hours per week. Direct grants are provided in three
one-year increments with maximum grants at $112,500 per year for
elementary schools and $150,000 per year for middle or junior
high schools based on a per pupil amount of $7.50 per day.
Priority for funding goes to schools where at least 50% of the
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pupils are eligible for free- or reduced-priced lunch. Each
program is required to provide a match equal to not less than
one-third of the total grant. Facilities may count towards 25%
of the local contribution.
Participating after-school programs are required to have an
educational and literacy component in which tutoring or homework
assistance is provided in one or more of the following areas:
language arts, mathematics, history and social science, computer
training, or sciences; and an educational enrichment component,
which may include, but is not limited to, fine arts, career
technical education, recreation, physical fitness and prevention
activities.
The program requires before school programs to operate one and a
half hours a day and after school programs to operate after
school until 6 p.m. for a minimum of 15 hours per week. ASES
grantees can request supplemental grants in order to operate for
more than 180 days or to operate during summer, intersession or
vacation. This bill makes a number of changes to the operation
of programs funded by supplemental grants, including allowing a
program to operate up to six hours per day, changing the
location of the program to another schoolsite or another offsite
location, expanding eligibility to any student enrolled in a
school in the district but giving priority to students enrolled
at the school, requiring a program that operates for six hours
to provide needy students at least one nutritionally adequate
free or reduced price meal, and making adjustments to attendance
accounting procedures for operating a six hour program. The
bill specifies that a grantee will not receive additional funds
beyond the maximum amount for which it is eligible in order to
operate the program for six hours.
Existing law requires an after school program operating during
the summer, intersession or vacation to provide a minimum of
three hours; existing law does not prohibit a program to offer
more than three hours. Existing law also currently authorizes
programs to operate at a location other than the schoolsite,
including a community park or recreational facility. It can be
argued that grantees can already operate a six-hour program and
locate at a site other than the schoolsite. The co-sponsors of
this bill, Partnership for Children and Youth, the
Superintendent of Public Instruction Tom Torlakson, and Children
Now, argue that this bill is needed to make it clear to grantees
that a six hour program is allowable. More importantly, this
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bill makes adjustments to the attendance accounting by changing
the accounting of the per student per day rate from $7.50 to $15
for programs operating a six-hour program. The provision
allowing a program to enroll any student in the district is also
a new provision.
21st Century Community Learning Centers (CCLC) . In addition to
the funds generated by Proposition 49, the state also receives
approximately $130 million annually in federal funds for the
21st CCLC program, which provides funding for before and after
school activities to pupils in kindergarten through grade 12.
The state has chosen to implement this program almost identical
to the state's ASES program. EC 8484.75 specifies that with
some exception, the provision of the ASES program apply to the
21st CCLC. Therefore, the provisions of this bill also apply to
the federal program.
Arguments in Support . According to the author, this bill
addresses unmet need during summer months. The author states
that summer months are critical, especially for low-income
children disproportionately impacted by summer learning loss and
decreased access to nutritious meals offered during the school
year and physical activity. Due to budget cuts, many districts
have eliminated summer school. By authorizing a program to
operate for six hours, this bill provides flexibility for
schools to offer a program during hours that respond to student
and family needs in the context of scaled back summer school
options. The author also argues that by allowing enrollment of
any student attending school in the district, opportunities are
provided to students whose schools may not be offering a summer
program.
State Superintendent of Public Instruction Tom Torlakson states,
"SB 429 is an important bill that would give after school
grantees more flexibility to meet the individual needs of the
students and communities that they serve. There is zero cost to
the state for this flexibility, as these supplemental grants
have already been awarded to districts. This bill would simply
give them the ability to use their dollars more flexibly. I
have witnessed the many successes of these after school
programs, and I am committed to giving schools and districts the
resources they need to educate, motivate, and inspire our
state's students."
Committee Amendments : Staff recommends a technical amendment
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reinstating EC 8483.75(a)(3) and inserting in EC 8483.7(a)(4)
and 8483.75(a)(3) language that cross references EC 8483.76
established by this bill.
Related legislation . SB 614 (Kehoe), also scheduled for this
Committee's June 22nd hearing, authorizes ASES programs to offer
age-and gender-appropriate self-defense and safety awareness
training.
Prior related legislation . SB 798 (DeSaulnier), Chapter 479,
Statutes of 2010, requires any federal 21st CCLC program funds
that exceed the total state appropriation for fiscal year
2008-09 to be allocated in accordance with a specified formula
that includes 15% for summer programs serving elementary and
middle school pupils.
REGISTERED SUPPORT / OPPOSITION :
Support
Children Now (co-sponsor)
Partnership for Children and Youth (co-sponsor)
State Superintendent of Public Instruction, Tom Torlakson
(co-sponsor)
A World Fit For Kids!
Bay Area Community Resources
Boys & Girls Clubs of Greater Oxnard & Port Hueneme
Boys & Girls Clubs of the Peninsula
Boys & Girls Clubs of Redlands
Boys & Girls Clubs of San Leandro
Boys & Girls Clubs of Tracy
California After School Coalition
California Alliance of Boys & Girls Clubs
California State Alliance of YMCAs
Central Valley Afterschool Foundation
Contra Costa County Board of Supervisors
Fresno County Office of Education
Jamestown Community Center
LA's BEST
learning enrichment after-school program
Los Angeles County Interim Superintendent of Schools, Jon R.
Gundry
National Summer Learning Association
Project APPLE/AmeriCorps
Redwood City School District
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Santee School District
Sunset Neighborhood Beacon Center
THINK Together
Woodcraft Rangers
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087