BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 429|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 429
Author: DeSaulnier (D), et al
Amended: 9/1/11
Vote: 21
SENATE EDUCATION COMMITTEE : 7-1, 4/13/11
AYES: Lowenthal, Alquist, Hancock, Liu, Price, Simitian,
Vargas
NOES: Huff
NO VOTE RECORDED: Runner, Blakeslee, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SENATE FLOOR : 26-12, 6/1/11
AYES: Alquist, Blakeslee, Calderon, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Fuller, Hancock, Hernandez,
Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Steinberg, Vargas, Wolk,
Wright, Yee
NOES: Anderson, Berryhill, Cannella, Dutton, Gaines,
Harman, Huff, La Malfa, Runner, Strickland, Walters,
Wyland
NO VOTE RECORDED: Emmerson, Simitian
ASSEMBLY FLOOR : Not available
SUBJECT : After School Education and Safety Program
SOURCE : Superintendent of Public Instruction Tom
CONTINUED
SB 429
Page
2
Torlakson
Children NOW
Partnership for Children and Youth
DIGEST : This bill allows after school programs to offer
a six-hour program using existing supplemental grant funds.
Assembly Amendments (1) clarify that priority enrollment
shall be given to pupils enrolled in a school that receives
the grant, (2) express the intent of the Legislature that a
grantee who serves additional pupil by operating a longer
day program not receive additional funds for that program,
and (3) make minor, technical and clarifying changes.
ANALYSIS : Current law establishes the After School
Education and Safety (ASES) Program, consisting of before
and after school academic enrichment. ASES Programs
receive direct grants, where attendance is projected and
grants are funded up-front, in three one-year increments.
Existing Law
1.Provides that every school that establishes a before
school program component pursuant to the ASES Program is
eligible to receive a three-year renewable direct grant
and is eligible to receive a supplemental grant to
operate the program in excess of 180 schooldays during
any combination of summer, intercession, or vacation
periods, as specified.
2.Authorizes an ASES program to request, prior to or during
the application process, to provide services at another
schoolsite if there is a significant barrier to pupil
participation at the school of attendance for either the
before school or the after school component.
3.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. Programs located off of school
grounds cannot be approved unless safe transportation is
provided to the pupils enrolled in the program.
CONTINUED
SB 429
Page
3
4.Provides that every pupil attending a school operating an
ASES program is eligible to participate in the program,
subject to program capacity.
5.Requires applicants for grants to agree that snacks
conform to nutrition standards.
After School Component
1.Sets the 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 schools.
2.The total annual direct grant amount for which a site is
eligible is based on a formula of $7.50 per pupil per day
of attendance, at a maximum of $37.50 per pupil per week.
3.Allows for a higher maximum total grant for large schools
according to a formula.
4.Provides that a school with an after school program is
eligible for a supplemental grant to operate in excess of
180 days or during any combination of summer,
intersession, or vacation for a maximum of the lesser of
the following amounts:
A. $7.50 per pupil per day.
B. 30 percent of the total grant amount awarded to
the school per school year.
5.Requires after school programs to begin immediately upon
the end of the regular school day and operate a minimum
of 15 hours per week, and at least until 6:00 p.m. on
every regular school day. After school programs are
required to establish a policy regarding reasonable early
daily release of pupils from the program.
Before School Component
1.For before school programs, sets the maximum total grant
amount awarded annually at $37,500 for each regular
school year for elementary schools and $49,000 for middle
CONTINUED
SB 429
Page
4
or junior high schools.
2.The total annual direct grant amount for which a site is
eligible is based on formula of $5 per pupil per day of
attendance, at a maximum of $25 per pupil per week.
3.Allows for a higher maximum total grant for large
schools.
4.Provides that a school with a before school program is
eligible to receive a supplemental grant to operate in
excess of 180 days or during any combination of summer,
intersession or vacation for a maximum of 30 percent of
the total grant amount awarded to the school per year.
5.Requires before school programs to operate for at least
1 hours per regular school day, and to establish a
policy regarding reasonable late daily arrival of pupils
to the program.
6.Requires before school programs to offer a breakfast meal
for all program participants.
Summer, Intersession, Vacation
1. Authorizes after school programs to operate during any
combination of summer, intersession, or vacation periods
for a minimum of three hours per day.
2. Authorizes before school programs to operate during any
combination of summer, intersession, or vacation periods
for a minimum of two hours per day for the regular
school year.
3. 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 4- hours per day.
This bill allows after school programs to offer a six hour
program using existing supplemental grant funds.
Specifically, this bill:
1. Authorizes a before or after school program to receive a
CONTINUED
SB 429
Page
5
supplemental grant top operate in excess of 180 regular
schooldays or during any combination of summer,
intersession, or vacation periods for a maximum of 30
percent of the total grant amount awarded, per school
year, to the school.
2. Authorizes an existing after school supplemental grantee
to operate a three-hour or 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.
3. Specifies that if the grantee operates a six-hour per
day program, the target attendance level for the purpose
of grant reductions, as specified, shall be computed as
if the grant award were based upon the lesser of $15 per
day of pupil attendance or 30 percent of the total grant
awarded to the school per school year.
4. Expresses the intent of the Legislature that a grantee
who serves additional pupils by operating a longer day
program not receive additional funding for this purpose.
5. Authorizes a supplemental grantee to change the location
of the program to address the needs of pupils and school
closures. Authorizes the program to be conducted on 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.
6. Authorizes a supplemental grantee that operates a
program pursuant to this bill to open eligibility to
every pupil attending a school in the district.
Specifies that priority for enrollment shall be given to
the pupils enrolled in the school that receives the
grant.
7. 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.
CONTINUED
SB 429
Page
6
8. Requires a supplemental grantee that operates a six-hour
extended day program to submit, for prior approval by
the CDE, a revised program that includes all of the
following:
A. A plan for the 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 school
day.
Comments
The ASES program, passed by the voters as Proposition 49 in
2002, provides almost $550 million annually for before and
after school programs for kindergarten through grade 9
students. In fiscal year 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 6:00 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 and
junior high schools based on a per pupil amount of $7.50
per day. Priority for funding goes to schools where at
least 50 percent of the pupils are eligible for free- or
reduced-priced lunch. Each program is required to provide
a match equal to no less than one-third of the total grant.
Facilities may count towards 25 percent 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.
CONTINUED
SB 429
Page
7
The program requires before and after school programs to
operate one and a half hours a day and after school
programs to operate after school until 6:00 p.m. for a
minimum of 15 hours per week. ASES grantees can request
supplemental grants in order to operate 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, but does not prohibit a program
from offering 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.
In addition to funds generated by Proposition, the state
also receives approximately $130 million annually in
federal funds for the 21st Century Community Learning
Centers (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. Education Code Section 8484.75 specifies that
with some exception, the provisions of the ASES program
apply to the 21st CCLC. Therefore, the provisions of this
bill also apply to the federal program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
CONTINUED
SB 429
Page
8
Local: No
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
ASES program Potentially significant loss of
savings General*
flexibility
*Counts toward meeting the Proposition 98 minimum funding
guarantee
SUPPORT : (Verified 9/8/11)
Superintendent of Public Instruction Tom Torlakson
(co-source)
Children Now (co-source)
Partnership for Children and Youth (co-source)
A World Fit For Kids
Bay Area Community Resources
Boys and Girls Club California Alliance
Boys and Girls Clubs of Greater Oxnard and Port Hueneme
Boys and Girls Clubs of the Peninsula
Boys and Girls Clubs of Redlands
Boys and Girls Clubs of Tracy
California After School Coalition
California Alliance of Boys & Girls Clubs
California State Alliance of YMCAs
Central Valley Children's Partnership, Inc.
Central Valley Afterschool Foundation
Contra Costa County Office of Education
Fresno County Office of Education
Jamestown Community Center
LA's Best
Los Angeles Chamber of Commerce
Los Angeles County Office of Education
National Summer Learning Association
Pro-Youth/HEART After-School Program
Redwood City School District
Sacramento City Unified School District
Santee School District
San Leandro Boys & Girls Club
CONTINUED
SB 429
Page
9
Sunset Neighborhood Beacon Center
Team-Up for Youth
THINK Together
YMCA of Greater Long Beach Development
Whittier City School District
Woodcraft Rangers
OPPOSITION : (Verified 9/8/11)
Department of Finance
ARGUMENTS IN SUPPORT : According to the author's office,
"Fewer schools are offering summer school due to budget
cuts. Research shows that 'summer slide'
disproportionately affects low-income children and is also
cumulative over time. Research also shows that children
gain weight more rapidly in the summer if they don't have
access to organized recreational or physical activity
programs. Nearly all children enrolled in publicly funded
after school programs also receive free or reduced price
meals during the school year, and without those meals in
the summer, many are receiving lower-quality foods that are
causing weight gain. This bill will provide current after
school grantees with supplemental grants the flexibility to
better address the needs of students and communities during
the summer months."
CPM:cm 9/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED