BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 614
                                                                  Page  1

          Date of Hearing:   June 22, 2011

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                     SB 614 (Kehoe) - As Amended:  April 26, 2011

           SENATE VOTE  :   33-1
           
          SUBJECT  :   After School Education and Safety Program

           SUMMARY  :  Authorizes the After School Education and Safety 
          Programs (ASES) to offer age-and gender-appropriate self-defense 
          and safety awareness training.  Finds and declares that 
          amendments to the ASES program further the purposes of the ASES 
          Program Act of 2002.

           EXISTING LAW  :

          1)Establishes the ASES program through the 2002 voter approved 
            initiative, Proposition 49. The ASES program 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. 
             (Education Code (EC) 8482)

          2)Requires the ASES program to have an educational and literacy 
            element in which tutoring or homework assistance is provided 
            in specified content areas and an educational enrichment 
            element that may include, but is not limited to, fine arts, 
            career technical education, recreation, physical fitness, and 
            prevention activities.  (EC 8482.3)

          3)Specifies requirements for the operation of ASES, including 
            maximum grant levels, local matching requirements, priority 
            for funding, and authorized expenditures.  (EC 8482.5 - 
            8484.6)

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   The ASES program  .  The ASES program, passed by voters 
          as Proposition 49 in 2002, provides almost $550 million annually 
          to before and after school programs for students in kindergarten 








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          through grade 9.  In 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 
          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 the 
          following elements:

          1)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.

          2)An educational enrichment component, which may include, but is 
            not limited to, fine arts, career technical education, 
            recreation, physical fitness and prevention activities.  

          This bill specifies that providing opportunities for physical 
          activity may include age- and gender-appropriate self-defense 
          and safety awareness training.  The author states, "Although 
          districts have authority to provide age-appropriate self-defense 
          and safety awareness training in specified grade levels, they 
          are generally prevented from offering that training due to 
          fiscal constraints.  ASES programs provide an opportunity for 
          schools to offer physical activity in the form of self-defense 
          and safety awareness training, which are included by the State 
          Board of Education in physical education curriculum frameworks, 
          but ASES programs do not have explicit authority to provide 
          self-defense and safety awareness training to students."

          The ASES program does not dictate what type of educational 
          enrichment activity must be offered.  It can be argued that 
          self-defense and safety awareness training is a type of physical 
          activity and can therefore be offered currently.  In fact, some 
          programs currently offer martial arts training, which can be 








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          considered a type of self-defense activity.  The author is 
          concerned that victims of violent crime are occurring at younger 
          and younger ages and advocates for a greater state and school 
          district role in familiarizing students with self-defense 
          techniques that can help them manage and avoid physically 
          threatening situations.  Last year, the author introduced SB 
          1290 (Chapter 703, Statutes of 2010), which requires the State 
          Board of Education and the Curriculum Development Commission and 
          Supplemental Materials Commission to include self-defense and 
          safety training instruction in the next revision of the physical 
          education framework.  The process for adopting frameworks and 
          instructional materials, which are based on those frameworks, 
          has been suspended until 2015-16 due to the budget crisis.    

           Arguments in Support  .  The California National Organization for 
          Women, the sponsor of this bill, states, "In recent years, we 
          have seen an unfortunate number of teenage and pre-teen children 
          experiencing physical attacks, assaults, and kidnappings, which 
          too frequently turn fatal.  While we recognize that there is no 
          way to completely ensure that a child will be safe from a 
          violent attack, our state should not fail to take every 
          precaution possible to reduce and eliminate this possibility."

           Related legislation  .  SB 429 (DeSaulnier), also scheduled for 
          this Committee's June 22nd agenda, authorizes after school 
          programs to use ASES supplemental grants to extend summer, 
          intersession or vacation programs from three hours to six hours, 
          enroll any student attending a school in the district, operate 
          at an alternate location, and make adjustments to attendance 
          accounting procedures for operating a six hour program.  

           Prior related legislation  .  AB 2705 (Hall), introduced last 
          year, would have required specified time requirements for 
          moderate to vigorous physical activity for pupils in physical 
          education courses and pupils participating in the ASES program.  
          The bill was held in the Assembly Appropriations Committee 
          suspense file.  

          SB 1290 (Kehoe), Chapter 703, Statutes of 2010, requires the 
          State Board of Education and the Curriculum Development 
          Commission and Supplemental Materials Commission to include 
          self-defense and safety training instruction in the next 
          revision of the physical education framework.  

          AB 2843 (Karnette), would have expanded the educational 








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          enrichment component of the ASES program to include foreign 
          languages and revised the term "fine arts" to "visual and 
          performing arts."  The bill was vetoed by the Governor in 2008, 
          stating in his veto message that statutory authorization is not 
          necessary.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California National Organization for Women (sponsor)
          California After School Coalition
          California Association for Health, Physical Education, 
          Recreation and Dance
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087