Bill Text: CA AB1349 | 2009-2010 | Regular Session | Amended
Bill Title: After School Education and Safety Program Act of 2002.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1349 Detail]
Download: California-2009-AB1349-Amended.html
BILL NUMBER: AB 1349 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 27, 2009
An act to amend Sections 8483.5 , 8483.51, and 8483.7
and 8483.51 of the Education Code, relating to
before and after school programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1349, as amended, Torlakson. After School Education and Safety
Program Act of 2002.
(1) The After School Education and Safety Program Act of 2002,
enacted by the initiative measure Proposition 49, establishes the
After School Education and Safety Program to serve pupils in
kindergarten and grades 1 to 9, inclusive, at participating public
elementary, middle, junior high, and charter schools. The act
continuously appropriates each fiscal year an amount
up to $550,000,000 from the General Fund to the State
Department of Education for purposes of the After School Education
and Safety Program, except in fiscal years when the state's minimum
funding obligation for schools is determined pursuant to a specified
provision, in which case the appropriation for the program is reduced
by a specified percentage.
This bill would allow the reduction in a fiscal year in which the
moneys applied by the state for the support of school districts and
community college districts is reduced, revise the formula by which
the percentage reduction is determined, and specify that the state
would not incur a maintenance factor when the appropriation is
reduced.
(2) Existing law makes the continuous appropriation for purposes
of the After School Education and Safety Program available for
encumbrance for one year after the date upon which they first become
available for encumbrance and subject to reversion to the General
Fund.
This bill instead would make the appropriation available for
encumbrance for 2 years.
(3) Existing law makes a school that establishes a program
pursuant to the After School Education and Safety Program eligible to
receive a 3-year direct grant that is awarded in 3 one-year
increments. The amount of these grants is determined, in part, on a
per-pupil basis.
This bill would provide that themaximum total direct grant amount
and per-pupil rates may be adjusted for cost of living in the annual
Budget Act.
(4)
(3) The California Constitution authorizes the
Legislature to amend an initiative statute by another statute that
becomes effective only when approved by the voters unless the
initiative statute permits amendment or repeal without the approval
of the voters. The initiative measure that enacted the After School
Education and Safety Program Act of 2002 authorizes the Legislature
to amend, by statute passed in each house by a majority vote of the
membership concurring and signed by the Governor, certain of its
provisions to further the purpose of the initiative statute.
The bill would provide for one of its provisions to be submitted
to the voters for approval and would state a legislative finding and
declaration that the other provisions further the purpose of the
initiative measure.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8483.5 of the Education Code is amended to
read:
8483.5. (a) There shall be continuously appropriated each fiscal
year to the department from the General Fund for the program
established pursuant to this article an amount not to exceed five
hundred fifty million dollars ($550,000,000) that is the greater of
(1) an amount equal to the appropriation from the General Fund for
the program established pursuant to this article for the immediately
preceding fiscal year, or (2) an amount equal to the sum of (A) the
appropriation from the General Fund for the program established
pursuant to this article for fiscal year 2003-04 and (B) the amount
by which the state's non-guaranteed General Fund appropriations for
the current fiscal year exceed the sum of (i) the amount of the state'
s non-guaranteed General Fund appropriations for the base year plus
(ii) one billion five hundred million dollars ($1,500,000,000). This
section does not prohibit the Legislature from appropriating funds in
excess of this continuous appropriation for the program established
pursuant to this article.
(b) For purposes of this section, the term "state's non-guaranteed
General Fund appropriations" shall mean those General Fund
appropriations of the state in a fiscal year other than those
appropriations guaranteed to be applied by the state for the support
of school districts and community college districts pursuant to
Sections 8 and 8.5 of Article XVI of the California Constitution. For
purposes of this section, the "base year" is the fiscal year during
the period July 1, 2000 through June 30, 2004 for which the state's
non-guaranteed General Fund appropriations are the highest as
compared to any other fiscal year during such period.
(c) (1) Notwithstanding subdivision (a), in a fiscal year in which
the Legislature has legal authority pursuant to Section 8 of Article
XVI of the California Constitution to reduce the moneys applied by
the state for the support of school districts and community college
districts for the current fiscal year, the continuous appropriation
pursuant to subdivision (a) may be reduced for that fiscal year by
the same percentage by which the moneys applied by the state for the
support of school districts and community college districts in the
current fiscal year is less than the moneys that would be applied by
the state for the support of school districts and community college
districts under paragraph (2) of subdivision (b) of Section 8 of
Article XVI of the California Constitution.
(2) If this subdivision becomes applicable, the state shall not
incur an obligation to provide a maintenance factor for purposes of
this section.
(d) All funds expended pursuant to this article shall be used only
for the purposes expressed in this article. Except for funds
expended pursuant to subdivision (a) of Section 8482.55, all funds
expended pursuant to this article shall be used to supplement and not
supplant existing levels of service.
SEC. 2. Section 8483.51 of the Education Code is amended to read:
8483.51. For purposes of Section 8483.5, the term "continuously
appropriated" shall not be construed to mean "without regard to
fiscal year." The funds appropriated pursuant to subdivision (a) of
Section 8483.5 are available for encumbrance for two years after the
date upon which they first become available for encumbrance and are
subject to Section 16304.1 of the Government Code.
SEC. 3. Section 8483.7 of the Education Code is
amended to read:
8483.7. (a) (1) (A) Each school that establishes a program
pursuant to this article is eligible to receive a three-year direct
grant, that shall be awarded in three one-year increments and is
subject to the semiannual attendance reporting and requirements
described in Section 8482.3 once every three years.
(i) The department shall provide technical support for the
development of a program improvement plan for grantees under the
following conditions:
(I) If actual pupil attendance falls below 75 percent of the
target attendance level in any year of the grant.
(II) If the grantee fails, in any year of the grant, to
demonstrate measurable outcomes pursuant to Section 8484.
(ii) The department shall adjust the grant level of a school
within the program that is under its targeted attendance level by
more than 15 percent in each of two consecutive years.
(iii) In any year after the initial grant year, if the actual
attendance level of a school within the program falls below 75
percent of the target attendance level, the department shall perform
a review of the program and adjust the grant level as the department
deems appropriate.
(iv) The department shall create a process to allow a grantee
voluntarily to lower its annual grant amount if one or more sites are
unable to meet the proposed pupil attendance levels by the end of
the second year of the grant.
(v) A grantee who has had its grant amount reduced may
subsequently request an increase in funding up to the maximum grant
amounts provided under this subdivision.
(vi) The department may terminate the grant of a site or program
that does not comply with fiscal reporting, attendance reporting, or
outcomes reporting requirements established by the department and
pursuant to Section 8484. The department may withhold the grant
allocation for a program or site if the prior grant year's fiscal or
attendance reporting remain outstanding, until the reports have been
filed with the department.
(vii) Notwithstanding any other provision of this subdivision or
any other provision of law, after the technical assistance required
under clause (i) has been provided, the department may at any time
terminate the grant of any school in a program that fails for three
consecutive years to meet either of the following requirements:
(I) Demonstrate measurable program outcomes pursuant to Section
8484.
(II) Attain 75 percent of its proposed attendance level after
having had its program reviewed and grant level adjusted by the
department.
(B) Direct grants may be awarded to applicants that have
demonstrated readiness to begin operation of a program or to expand
existing programs.
(C) The maximum total direct grant amount awarded annually
pursuant to this paragraph shall be one hundred twelve thousand five
hundred dollars ($112,500) for each regular school year for each
elementary school and one hundred fifty thousand dollars ($150,000)
for each regular school year for each middle or junior high school.
The superintendent shall determine the total annual direct grant
amount for which a site is eligible based on a formula of seven
dollars and fifty cents ($7.50) per pupil per day of pupil attendance
that the program plans to serve, with a maximum total grant of
thirty-seven dollars and fifty cents ($37.50) per projected pupil per
week, and a formula of seven dollars and fifty cents ($7.50) per
projected pupil per day of staff development, with a maximum of three
staff development days per year. A program may provide the three
days of staff development during regular program hours using funds
from the total grant award.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 600.
(B) For middle schools, multiply one hundred thirteen dollars
($113) by the number of pupils enrolled at the schoolsite for the
normal schoolday program that exceeds 900.
(3) The maximum total grant amounts set forth in subparagraph (C)
of paragraph (1) may be increased from any funds made available for
this purpose in the annual Budget Act for participating schools that
have pupils on waiting lists for the program. Grants may be increased
by the lesser of an amount that is either 25 percent of the current
maximum total grant amount or equal to the proportion of pupils
unserved by the program as measured by documented waiting lists as of
January 1 of the previous grant year, compared to the actual after
school enrollment on the same date. The amount of the required cash
or in-kind matching funds shall be increased accordingly. First
priority for an increased maximum grant pursuant to this paragraph
shall be given to schools that qualify for funding pursuant to
subdivision (b) of Section 8482.55. Second priority shall be given to
schools that receive funding priority pursuant to subdivision (f) of
Section 8482.55.
(4) A school that establishes a program pursuant to this section
is eligible 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 the lesser
of the following amounts:
(A) Seven dollars and fifty cents ($7.50) per day per pupil.
(B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to subparagraph (C) of paragraph (1).
(5) Each program shall provide an amount of cash or in-kind local
funds equal to not less than one-third of the total grant from the
school district, governmental agencies, community organizations, or
the private sector. Facilities or space usage may fulfill not more
than 25 percent of the required local contribution.
(6) (A) A grantee may allocate, with departmental approval, up to
125 percent of the maximum total grant amount for an individual
school, so long as the maximum total grant amount for all school
programs administered by the program grantee is not exceeded.
(7) The maximum total direct grant amount and per-pupil rates
specified in this subdivision may be adjusted for cost of living in
the annual Budget Act.
(B) A program grantee that transfers funds for purposes of
administering a program pursuant to subparagraph (A) shall have an
established waiting list for enrollment and may transfer only from
another school program that has met a minimum of 70 percent of its
attendance goal.
(b) The administrator of a program established pursuant to this
article may supplement, but not supplant, existing funding for after
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be used to make the required contribution of local funds for those
after school programs.
(c) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized for startup costs. Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's total funding above the approved grant amount.
(d) For each year of the grant, the department shall award the
total grant amount for that year not later than 30 days after the
date the grantee accepts the grant.
(e) The department may adjust the amount of a direct grant,
awarded to a new applicant pursuant to this section, on the basis of
the program start date, as determined by the department.
SEC. 4. SEC. 3. The Legislature
finds and declares that Sections 2 and 3 of this act further
Section 2 of this act furthers the purposes of
the After School Education and Safety Program Act of 2002.
SEC. 5. SEC. 4. Section 1 of this
act shall become effective only if approved by the voters pursuant to
subdivision (c) of Section 10 of Article II of the California
Constitution.
SEC. 6. SEC. 5. The Secretary of
State shall submit Section 1 of this act to the voters at the June 8,
2010, direct primary election in accordance with provisions of the
Government Code and the Elections Code governing the submission of a
statewide measure to the voters.
