BILL ANALYSIS �
SB 1221
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Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 1221 (Hancock) - As Amended: May 27, 2014
SENATE VOTE : 25-10
SUBJECT : After school programs
SUMMARY : Modifies eligibility, types of grants, amount of
grants, and outcome measures of the After School Education and
Safety (ASES), the 21st Century Community Learning Centers (21st
CCLC), and the 21st Century After School Safety and Enrichment
for Teens (ASSETs) programs. Specifically, this bill :
Makes the following changes to the ASES program :
1)Replaces references to "direct grants" with "after school
grants."
2)Establishes a minimum total after school grant amount for each
schoolsite by multiplying the applicable rate per pupil per
day of pupil attendance by 20 pupils being served for 180
regular school days.
3)Authorizes additional funding, not to exceed $15,000 per site,
per school year, to be provided for transportation in programs
located in an area that has a population density of less than
11 persons per square miles. Requires programs to submit to
the California Department of Education (CDE) for consideration
evidence of the need for after school transportation funds.
Authorizes transportation funds to be used to supplement, but
not supplant, local transportation services.
4)Deletes intent statement that a grantee who serves additional
pupils by operating a longer day program not receive
additional funding for this purpose.
5)Authorizes, to the extent consistent with federal and state
privacy laws, local educational agencies to submit pupil data
to an operator of a summer program, and changes references to
the "Standardized Testing and Reporting program (STAR)" to
"statewide test and assessment scores."
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Changes to the 21st CCLC program :
6)Modifies legislative intent to express the intent of the
Legislature for the 21st CCLC program to provide year-round
opportunities for expanded learning.
7)Deletes federal grants for family literacy services and
reduces from 10 to 5 the minimum percentage of federal funds
that are to be available for grants for equitable access or
family literacy services. Rather than providing grants
specifically for family literacy, this bill deems, in
accordance with federal law, federal funding for programs that
promote parent involvement and family literacy as allowable
uses of funds designated for technical assistance, evaluation
and training services.
8)Gives priority to grant applications that will provide
year-round expanded learning programming. Defines "year-round
expanded learning programs" as any combination of an applicant
that offers summer programming to complement existing after
school programs, or an applicant that offers after school
programs to complement existing summer programs. Specifies
that the applicant is not required to be the same entity that
operates the existing program.
9)Replaces references to "core funding" with "after school
funding."
10)Requires the CDE to submit a biennial report to the
Legislature related to the students attending expanded
learning programs and the quality of those programs. Requires
the report to include data using the statewide unique student
identifier and authorizes the inclusion of aggregate reporting
of all of the following:
a) The number, geographical distribution and type of sites
and grantees.
b) Student attendance in the program and regular schoolday.
c) Statewide test and assessment scores.
d) Student demographics and characteristics.
e) Student behavior changes and skill development.
f) The quality of the program based on CDE's guidance on
program quality standards.
Changes to the ASSETs program :
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11)Revises the purpose of the ASSETs program as assisting pupils
to pass the high school exit exam and instead states the
purpose of ASSETs as supporting college and career readiness.
12)Strikes the provision requiring priority for funding to be
given to programs that serve pupils attending a school in the
lowest 3 deciles of the most recent score on the Academic
Performance Index (API) and instead requires priority for
funding to be given to programs that previously received
funding.
13)Strikes obsolete provisions.
Changes to all three programs :
14)Requires an application to certify evidence of pupil social,
behavioral, or skill development data collection to support
quality program improvement processes. These pupil data
outcomes may relate to specific social-emotional competencies,
including, but not necessarily limited to, social skills,
self-control, academic mindset, perseverance, conflict
resolution, and school-connectedness.
15)Strikes as consideration of outcomes STAR test scores,
positive behavioral changes, homework completion rates, and
skill development as reported by schoolday teacher or after
school staff, and instead requires programs to submit evidence
of a data-driven program quality improvement process that is
based on the CDE's guidance on program quality standards,
using unique statewide pupil identifiers.
16)Defines "expanded learning" as before school, after school,
summer, or intersession learning programs that focus on
developing the academic, social, emotional, and physical needs
and interests of pupils through hands-on, engaging learning
experiences. Expresses the intent of the Legislature that
expanded learning programs be pupil-centered, results driven,
include community partners, and complement, but do not
replicate, learning activities in the regular schoolday and
school year.
17)Replaces references to "supplemental grant" with "summer
grant."
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18)Defines "summer grant" as funding to operate any program in
excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation periods.
19)Modifies the maximum summer grant from a maximum of 30% of
the total grant amount awarded per school year, to either a
maximum of 30% of the total grant amount awarded per school
year, or $33,750 for each regular school year for each
elementary school and $45,000 for each regular school year for
each middle or junior high school.
EXISTING LAW :
1)Establishes the ASES program through the 2002 voter approved
initiative, Proposition 49. The ASES program 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 (Education Code
(EC) Section 8482).
2)Establishes the 21st CCLC contained within the federal No
Child Left Behind Act of 2001 to complement the ASES program.
Specifies that the requirements of the ASES program apply to
the 21st CCLC program with specified exceptions. (EC 8484.7)
3)Establishes the ASSETs program to create incentives for
establishing locally driven after school enrichment programs
between schools and local community organizations serving
pupils in high school from grades 9 through 12. (EC Section
8421)
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill results in:
1)Cost pressure: This bill creates new grants to draw from the
same funding source, which puts pressure on the existing
funding. The bill also creates a minimum grant funding level
that is higher than small programs would have been awarded
under the existing per-pupil funding formula, which adds
pressure on an existing source that is already insufficient to
fund most requests.
2)Minor cost savings: To the extent that the new reporting
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requirements streamline the CDE grant monitoring activities,
there will be minor workload savings to the CDE.
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
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, career exploration, 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.
21st CCLC program . 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. In fact, most of the provisions relating to the ASES
program apply to the 21st CCLC. Existing law (EC 8484.8)
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specifies that 40% of the 21st CCLC 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. The remaining 10% is used
for direct grants to community learning center programs to
provide equitable access and to provide family literacy
services. Federal requirements give priority for funding to
programs serving Title 1 kids (low-income kids eligible for free
and reduced-priced meals).
ASSETs . The 21st The High School ASSETs program provides grants
up to $250,000 per school site based on $10 per student per day,
to serve pupils in grades 9 through 12. The program may operate
after school only, or after school and during any combination of
before school, weekends, summer, intersession, and vacation, for
at least 15 hours per week, and may operate on one or multiple
sites. According to the CDE, in fiscal year 2012-13, $60.9
million of the $128 million in federal funds was directed to the
ASSETs program, allocated to 345 sites serving 45,817 students.
The program must contain the following elements:
1)An academic assistance element that includes at least one of
the following: preparation for the high school exit 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, career
exploration, job readiness, opportunities for mentoring and
tutoring younger pupils, service learning, arts, computer and
technology training, physical fitness and recreation
activities.
This bill , co-sponsored by Superintendent of Public Instruction
Tom Torlakson and the Partnership for Children and Youth, makes
a number of changes to the ASES, 21st CCLC and the ASSETs
programs. Some of the changes affect all three programs. The
major changes include the following:
New minimum grant . Under the ASES program, 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. This bill changes "direct grants" to "after
school grants" and establishes a minimum amount for each
schoolsite by providing an amount equal to attendance by 20
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pupils, even if there are less than 20 pupils in attendance.
According to the CDE, this is to provide funding to assist small
programs with attendance too low to generate grant funding
sufficient to operate a viable program. The amount is based on
the requirement of a staff-to-pupil ratio of 20 to 1. It is
unclear how many applicants will be eligible for the minimum
grant, or how many participants these programs will enroll.
New transportation grant . This bill authorizes additional funds
under the ASES program, up to $15,000 per site, to be provided
to enable programs located in areas with a population density of
less than 11 persons per square miles to provide transportation.
This is to enable programs in extreme rural areas to transport
students to an after school program.
Summer grants . Current law authorizes an ASES and 21st CCLC
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 an after
school program and two hours a day for a before school program.
The grant amount is either $7.50 per pupil per day, or 30% of
the total grant amount awarded to the school per school year,
whichever is less. This bill changes "supplemental grant" to
"summer grant," although the purposes for which the grant is
provided remains unchanged (grants can be used for intersession
or vacation, in addition to summer). According to the sponsor,
the majority of grants are used for summer programs. The term
clarifies the use of grants. The bill also changes the grant
amount for summer grants by providing a maximum of $33,750 for
each school year for elementary schools and $45,000 for middle
or junior high schools. This is to determine a grant amount for
programs that may not already have an after school grant.
Priority for programs providing year-round programs . This bill
requires priority for 21st CCLC grants to be awarded to programs
that will provide year-round expanded learning programs, defined
as a program that offers year-round programming, or an applicant
adding summer programming to complement existing after school
programs, or an applicant adding after school programs to
complement existing summer programs. The bill also specifies
that the applicant is not required to be the same entity that
operates the existing program. According to the sponsor, this
is to enable an applicant coordinating with existing providers
to fill a gap. For example, a school may operate an after
school program, but does not offer a summer program. A separate
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organization may submit an application to provide the summer
program. Staff recommends an amendment to clarify that priority
may be given to a program not offering a year-round expanded
learning program if the program is coordinating with a provider
to complement an existing program.
Family literacy . Federal law allows 21st CCLC funds to be used
for family literacy services. California has chosen to set
aside at least 10% of federal 21st CCLC funds to provide
equitable access and participation in CCLC programs and grants
to provide family literacy services. The author and sponsors
believe that these funds are better used for pupil
participation. This bill incorporates parent involvement and
family literacy as authorized used of grant funds, and reduces
from 10% to 5% the amount reserved for grants to provide
equitable access and participation in CCLC programs. These
grant funds are primarily used for transportation and language
translation services.
Program evaluation . Current law requires programs to submit
annual outcome-based data for evaluating program effectiveness,
including academic performance, impact on school attendance,
pupil behavioral changes, STAR test results, and for the ASSETs
program, performance on the high school exit exam. This bill
strikes these requirements, and instead, requires grantees to
submit, using the unique statewide pupil identifiers, schoolday
attendance on an annual basis, program attendance on a
semiannual basis, and evidence of a data-driven program quality
improvement process that is based on CDE's guidance on program
quality standards. In 2012, the CDE contracted with the
California Afterschool Network Quality Committee to develop
recommendations for determining quality in California after
school programs. In 2013, a report, "Quality Standards for
Expanded Learning," was released that suggested 12 quality
standards, including: safe and supportive environment; active
and engaged learning; skill building; youth voice and
leadership; healthy choices and behaviors; quality staff;
diversity, access and equity; clear vision, mission and purpose;
collaborative partnerships; continuous quality improvement;
program management; and sustainability. A "Phase II" workgroup
has since begun the development of indicators of quality
standards and a matrix of existing quality assessment tools.
Recommendations for indicators are expected on June 30, 2014.
Application . This bill adds a new certification requirement in
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the application process. An applicant must certify "evidence of
pupil social, behavioral, or skill development data collection
to support quality program improvement processes. These pupil
data outcomes may relate to specific social-emotional
competencies, including, but not necessarily limited to, social
skills, self-control, academic mindset, perseverance, conflict
resolution, and school-connectedness." Applicants are not
required to submit data to the CDE; however, they must certify
that they will collect such data. Staff recommends a technical
amendment to clarify the "collection and use" of data, rather
than the "evidence" of data collection.
Report to the Legislature . The bill requires the CDE to develop
and submit a biennial report to the Legislature related to the
students attending expanded learning programs and the quality of
those programs. Grantees are currently required to submit
annual attendance data to the CDE, as funding is based on
attendance, and a one-time evaluation of after school programs
was completed in 2011. This bill repeals the evaluation
requirement. Currently, the Legislature does not receive any
reports relative to after school programs. This bill requires
the report to include data using the statewide unique student
identifier and authorizes the inclusion of aggregate reporting
of all of the following:
1)The number, geographical distribution and type of sites and
grantees.
2)Student attendance in the program and regular schoolday.
3)Statewide test and assessment scores.
4)Student demographics and characteristics.
5)Student behavior changes and skill development.
6)The quality of the program based on CDE's guidance on program
quality standards.
This provision is in the section of the Education Code relating
to the 21st CCLC program. Staff recommends relocating this
provision to Section 8428, which this bill repeals, to replace
the previous requirement for CDE to conduct an evaluation.
Arguments in support . Superintendent of Public Instruction Tom
Torlakson states, "Expanded learning programs - before and after
school, summer, and intersession programs - show positive
impacts on students, including: improved school attendance,
English fluency, academic success, and social-emotional skill
development. In California, state and federally-funded expanded
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learning programs serve approximately 420,000 students in nearly
4,500 programs across the state. Developed in collaboration
with the expanded learning community, SB 1221 would simplify and
improve state and local program administration and update state
and local reporting requirements to more effectively support
program quality improvement. Research on student learning loss
during the summer shows that year-round and summer learning
opportunities are essential to close the achievement gap. SB
1221 would maximize expanded learning programs' impact on
students by supporting high-quality, year-round programming."
Prior legislation . SB 429 (DeSaulnier), Chapter 626, Statutes
of 2011, authorizes an 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, including authorizing a program to be
conducted at an offsite location or at an alternate schoolsite
and authorizing a supplemental grantee to open eligibility to
every pupil attending a school in the district with priority for
pupils enrolled in the school that receive a grant.
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
Partnership for Youth and Children (co-sponsor)
State Superintendent of Public Instruction Tom Torlakson
(co-sponsor)
A World Fit For Kids!
Alameda County Superintendent of Schools Sheila Jordan
After School Coalition
Aspiranet
Association of California School Administrators
California Alliance of Boys & Girls Clubs
California Charter Schools Association Advocates
California Library Association
California School-Based Health Alliance
California State Alliance of YMCAs
California State Parks Foundation
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California State PTA
California STEM Learning Network
Central Valley Afterschool Foundation
Fight Crime: Invest in Kids California
Gilroy Unified School District
GreatSchools
InnerCity Struggle
LA's BEST
Los Angeles Unified School District
MISSION: READINESS
Public Profit
Mountain View School District
Santa Barbara School of Squash
Techbridge
The SEALS, After School Program
The Village Extended School Program
THINK Together
United Way of Santa Barbara County
Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087