SB 429
Page 1
Date of Hearing: June 22, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SBPCA Bill Id:SB 429 (Author:DeSaulnier) – As Amended: Ver: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 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 if there is a significant barrier to pupil participation at the school of attendance for either the before school or the after school component. (EC8482.8)
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:
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: ASESprogram. 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, 450predominantly 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, 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 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 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
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