Bill Text: CA AB1567 | 2015-2016 | Regular Session | Chaptered
Bill Title: Before and after school programs: enrollment: fees: homeless and foster youth: snacks or meals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 399, Statutes of 2016. [AB1567 Detail]
Download: California-2015-AB1567-Chaptered.html
BILL NUMBER: AB 1567 CHAPTERED
BILL TEXT
CHAPTER 399
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 22, 2016
PASSED THE ASSEMBLY AUGUST 25, 2016
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Assembly Member Campos
JANUARY 4, 2016
An act to amend, repeal, and add Sections 8482.6, 8483, and 8483.1
of, and to add Section 8483.95 to, the Education Code, relating to
before and after school programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 1567, Campos. Before and after school programs: enrollment:
fees: homeless and foster youth: snacks or meals.
The After School Education and Safety Program Act of 2002, enacted
by initiative statute, 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 gives priority enrollment in after
school programs and before school programs to pupils in middle school
or junior high school who attend daily.
This bill, beginning July 1, 2017, would instead give first
priority enrollment to pupils who are identified by the program as
homeless youth, as defined, and pupils who are identified by the
program as being in foster care, and 2nd priority enrollment, for
programs serving middle and junior high school pupils, to pupils who
attend the program daily. The bill, beginning July 1, 2017, would
require an after school program or a before school program to inform
the parent or caregiver of a pupil of the right of homeless children
and foster children to receive priority enrollment and how to request
priority enrollment. The bill, beginning July 1, 2017, would require
the administrators of a program to allow self-certification of the
pupil as a homeless youth or a foster youth, and would authorize
administrators to obtain this information through the school district
liaison designated for homeless children, as specified.
The act provides that an after school program or a before school
program is not required to charge family fees or conduct individual
eligibility determinations based on need or income.
This bill, beginning July 1, 2017, would prohibit a program that
charges family fees from charging a fee to a family for a child if
the program knows that the child is a homeless youth or for a child
who the program knows is in foster care.
This bill would incorporate additional changes to Sections 8482.6,
8483, and 8483.1 of the Education Code proposed by AB 2615 that
would become operative if this bill and AB 2615 are both enacted on
or before January 1, 2017, and this bill is enacted last.
The act authorizes the Legislature to amend certain of its
provisions to further its purposes by majority vote of each house.
The bill would set forth a legislative finding and declaration
that it furthers the purposes of the act.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The After School Education and Safety (ASES) Program offers
quality after school learning and development opportunities that can
make a difference for all of the children they serve, but especially
for low-income children.
(b) There is strong evidence that access to after school and
summer programs increases the likelihood that a child will succeed in
school and graduate from high school.
(c) Research shows that children, especially girls, benefit from
improved health and academic outcomes when they participate in after
school programs.
(d) The most significant academic gains for children enrolled in
the ASES Program occur among those who face the most challenges.
(e) Due to significant underfunding of the ASES Program, more than
half of the program site coordinators recently reported that they
could not enroll all interested children and had resorted to the use
of a waiting list.
(f) The federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Sec. 11301 et seq.) ensures the educational rights and protections of
homeless children, defined by the act as individuals who lack a
fixed, regular, and adequate nighttime residence.
(g) Until the ASES Program is funded for every child seeking to be
enrolled, children who are homeless or in foster care might not
benefit from the program without priority access and waivers of fees.
(h) In order to ensure that participating children receive
adequate nutrition and to reduce the cost-per-child expenses of ASES
programs, it is important to encourage collaboration between local
educational agencies and other community-based organizations
sponsoring federally funded after school snack and meal programs.
SEC. 2. Section 8482.6 of the Education Code is amended to read:
8482.6. (a) Every pupil attending a school operating a program
pursuant to this article is eligible to participate in the program,
subject to program capacity. A program established pursuant to this
article is not required to charge family fees or conduct individual
eligibility determinations based on need or income.
(b) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
SEC. 2.5. Section 8482.6 of the Education Code is amended to read:
8482.6. (a) Every pupil attending a school operating a program
pursuant to this article is eligible to participate in the program,
subject to program capacity. A program established pursuant to this
article may charge family fees. Programs that charge family fees
shall waive or reduce the cost of these fees for pupils who are
eligible for free or reduced-price meals.
(b) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
SEC. 3. Section 8482.6 is added to the Education Code, to read:
8482.6. (a) Every pupil attending a school operating a program
pursuant to this article is eligible to participate in the program,
subject to program capacity. A program established pursuant to this
article is not required to charge family fees or conduct individual
eligibility determinations based on need or income. If a program
established pursuant to this article does charge family fees, the
program shall not charge a fee to a family for a child if the program
knows that the child is a homeless youth, as defined by the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), or
for a child who the program knows is in foster care.
(b) This section shall become operative on July 1, 2017.
SEC. 3.5. Section 8482.6 is added to the Education Code, to read:
8482.6. (a) Every pupil attending a school operating a program
pursuant to this article is eligible to participate in the program,
subject to program capacity. A program established pursuant to this
article may charge family fees. Programs that charge family fees
shall waive or reduce the cost of these fees for pupils who are
eligible for free or reduced-price meals. If a program established
pursuant to this article does charge family fees, the program shall
not charge a fee to a family for a child if the program knows that
the child is a homeless youth, as defined by the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a), or
for a child who the program knows is in foster care.
(b) This section shall become operative on July 1, 2017.
SEC. 4. Section 8483 of the Education Code is amended to read:
8483. (a) (1) Every after school component of a program
established pursuant to this article shall commence immediately upon
the conclusion of the regular schoolday, and operate a minimum of 15
hours per week, and at least until 6 p.m. on every regular schoolday.
Every after school component of the program shall establish a policy
regarding reasonable early daily release of pupils from the program.
For those programs or schoolsites operating in a community where the
early release policy does not meet the unique needs of that
community or school, or both, documented evidence may be submitted to
the department for an exception and a request for approval of an
alternative plan.
(2) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of nine hours a week and three days a
week to accomplish program goals.
(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
(b) The administrators of a program established pursuant to this
article have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day for the regular school year pursuant to Section 8483.7.
(c) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
SEC. 4.5. Section 8483 of the Education Code is amended to read:
8483. (a) (1) Every after school component of a program
established pursuant to this article shall commence immediately upon
the conclusion of the regular schoolday, and operate a minimum of 15
hours per week, and at least until 6 p.m. on every regular schoolday.
Every after school component of the program shall establish a policy
regarding reasonable early daily release of pupils from the program.
For those programs or schoolsites operating in a community where the
early release policy does not meet the unique needs of that
community or school, or both, documented evidence may be submitted to
the department for an exception and a request for approval of an
alternative plan.
(2) It is the intent of the Legislature that elementary school and
middle school or junior high school pupils participate in the full
day of the program every day during which pupils participate, except
as allowed by the early release policy pursuant to paragraph (1) of
this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
(b) The administrators of a program established pursuant to this
article have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day for the regular school year pursuant to Section 8483.7.
(c) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
SEC. 5. Section 8483 is added to the Education Code, to read:
8483. (a) (1) Every after school component of a program
established pursuant to this article shall commence immediately upon
the conclusion of the regular schoolday, and operate a minimum of 15
hours per week, and at least until 6 p.m. on every regular schoolday.
Every after school component of the program shall establish a policy
regarding reasonable early daily release of pupils from the program.
For those programs or schoolsites operating in a community where the
early release policy does not meet the unique needs of that
community or school, or both, documented evidence may be submitted to
the department for an exception and a request for approval of an
alternative plan.
(2) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which the pupils participate and that pupils in middle school or
junior high school attend a minimum of nine hours a week and three
days a week to accomplish program goals.
(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils.
(b) The administrators of a program established pursuant to this
article have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day for the regular school year pursuant to Section 8483.7.
(c) (1) Priority for enrollment of pupils in an after school
program shall be as follows:
(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a), at the time that
they apply for enrollment or at any time during the school year, and
to pupils who are identified by the program as being in foster care.
(B) For programs serving middle and junior high school pupils,
second priority shall go to pupils who attend daily.
(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to an after
school program, that a pupil applying for or participating in the
program is a homeless youth or a foster youth.
(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.
(d) A program shall inform the parent or caregiver of a pupil of
the right of homeless children and foster children to receive
priority enrollment and how to request priority enrollment.
(e) For purposes of identifying a pupil who is eligible for
priority enrollment pursuant to subdivision (c), the administrators
of a program shall allow self-certification of the pupil as a
homeless youth or a foster youth. Administrators of a program may
also obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.
(f) This section shall become operative on July 1, 2017.
SEC. 5.5. Section 8483 is added to the Education Code, to read:
8483. (a) (1) Every after school component of a program
established pursuant to this article shall commence immediately upon
the conclusion of the regular schoolday, and operate a minimum of 15
hours per week, and at least until 6 p.m. on every regular schoolday.
Every after school component of the program shall establish a policy
regarding reasonable early daily release of pupils from the program.
For those programs or schoolsites operating in a community where the
early release policy does not meet the unique needs of that
community or school, or both, documented evidence may be submitted to
the department for an exception and a request for approval of an
alternative plan.
(2) It is the intent of the Legislature that elementary school and
middle school or junior high school pupils participate in the full
day of the program every day during which pupils participate, except
as allowed by the early release policy pursuant to paragraph (1) of
this section or paragraph (2) of subdivision (f) of Section 8483.76.
(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils.
(b) The administrators of a program established pursuant to this
article have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day for the regular school year pursuant to Section 8483.7.
(c) (1) Priority for enrollment of pupils in an after school
program shall be as follows:
(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a), at the time that
they apply for enrollment or at any time during the school year, and
to pupils who are identified by the program as being in foster care.
(B) For programs serving middle and junior high school pupils,
second priority shall go to pupils who attend daily.
(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to an after
school program, that a pupil applying for or participating in the
program is a homeless youth or a foster youth.
(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.
(d) A program shall inform the parent or caregiver of a pupil of
the right of homeless children and foster children to receive
priority enrollment and how to request priority enrollment.
(e) For purposes of identifying a pupil who is eligible for
priority enrollment pursuant to subdivision (c), the administrators
of a program shall allow self-certification of the pupil as a
homeless youth or a foster youth. Administrators of a program may
also obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.
(f) This section shall become operative on July 1, 2017.
SEC. 6. Section 8483.1 of the Education Code is amended to read:
8483.1. (a) (1) Every before school program component established
pursuant to this article shall in no instance operate for less than
one and one-half hours per regular schoolday. Every program shall
establish a policy regarding reasonable late daily arrival of pupils
to the program.
(2) (A) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of six hours a week or three days a week
to accomplish program goals, except when arriving late in accordance
with the late arrival policy described in paragraph (1) or as
reasonably necessary.
(B) A pupil who attends less than one-half of the daily program
hours shall not be counted for the purposes of attendance.
(3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
(b) The administrators of a before school program established
pursuant to this article shall have the option of operating during
any combination of summer, intersession, or vacation periods for a
minimum of two hours per day for the regular school year pursuant to
Section 8483.75.
(c) Every before school program component established pursuant to
this article shall offer a breakfast meal as described by Section
49553 for all program participants.
(d) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
SEC. 6.5. Section 8483.1 of the Education Code is amended to read:
8483.1. (a) (1) Every before school program component established
pursuant to this article shall in no instance operate for less than
one and one-half hours per regular schoolday. Every program shall
establish a policy regarding reasonable late daily arrival of pupils
to the program.
(2) (A) It is the intent of the Legislature that elementary school
and middle school or junior high school pupils participate in the
full day of the program every day during which pupils participate,
except when arriving late in accordance with the late arrival policy
described in paragraph (1) or as reasonably necessary.
(B) A pupil who attends less than one-half of the daily program
hours shall not be counted for the purposes of attendance.
(3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
(b) The administrators of a before school program established
pursuant to this article shall have the option of operating during
any combination of summer, intersession, or vacation periods for a
minimum of two hours per day for the regular school year pursuant to
Section 8483.75.
(c) Every before school program component established pursuant to
this article shall offer a breakfast meal as described by Section
49553 for all program participants.
(d) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.
SEC. 7. Section 8483.1 is added to the Education Code, to read:
8483.1. (a) (1) Every before school program component established
pursuant to this article shall in no instance operate for less than
one and one-half hours per regular schoolday. Every program shall
establish a policy regarding reasonable late daily arrival of pupils
to the program.
(2) (A) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of six hours a week or three days a week
to accomplish program goals, except when arriving late in accordance
with the late arrival policy described in paragraph (1) or as
reasonably necessary.
(B) A pupil who attends less than one-half of the daily program
hours shall not be counted for the purposes of attendance.
(3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils.
(b) The administrators of a before school program established
pursuant to this article shall have the option of operating during
any combination of summer, intersession, or vacation periods for a
minimum of two hours per day for the regular school year pursuant to
Section 8483.75.
(c) Every before school program component established pursuant to
this article shall offer a breakfast meal as described by Section
49553 for all program participants.
(d) (1) Priority for enrollment of pupils in a before school
program shall be as follows:
(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a), at the time that
they apply for enrollment or at any time during the school year, and
to pupils who are identified by the program as being in foster care.
(B) For programs serving middle and junior high school pupils,
second priority shall go to pupils who attend daily.
(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to a before
school program, that a pupil applying for or participating in the
program is a homeless youth or foster youth.
(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.
(e) A program shall inform the parent or caregiver of a pupil of
the right of homeless children and foster children to receive
priority enrollment and how to request priority enrollment.
(f) For purposes of identifying a pupil who is eligible for
priority enrollment pursuant to subdivision (d), the administrators
of a program shall allow self-certification of the pupil as a
homeless youth or a foster youth. Administrators of a program may
also obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.
(g) This section shall become operative on July 1, 2017.
SEC. 7.5. Section 8483.1 is added to the Education Code, to read:
8483.1. (a) (1) Every before school program component established
pursuant to this article shall in no instance operate for less than
one and one-half hours per regular schoolday. Every program shall
establish a policy regarding reasonable late daily arrival of pupils
to the program.
(2) (A) It is the intent of the Legislature that elementary school
and middle school or junior high school pupils participate in the
full day of the program every day during which pupils participate,
except when arriving late in accordance with the late arrival policy
described in paragraph (1) or as reasonably necessary.
(B) A pupil who attends less than one-half of the daily program
hours shall not be counted for the purposes of attendance.
(3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils.
(b) The administrators of a before school program established
pursuant to this article shall have the option of operating during
any combination of summer, intersession, or vacation periods for a
minimum of two hours per day for the regular school year pursuant to
Section 8483.75.
(c) Every before school program component established pursuant to
this article shall offer a breakfast meal as described by Section
49553 for all program participants.
(d) (1) Priority for enrollment of pupils in a before school
program shall be as follows:
(A) First priority shall go to pupils who are identified by the
program as homeless youth, as defined by the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a), at the time that
they apply for enrollment or at any time during the school year, and
to pupils who are identified by the program as being in foster care.
(B) For programs serving middle and junior high school pupils,
second priority shall go to pupils who attend daily.
(2) Nothing in this subdivision shall be construed to require a
program to verify, or a school district to disclose to a before
school program, that a pupil applying for or participating in the
program is a homeless youth or foster youth.
(3) Nothing in this subdivision shall be construed to require or
authorize the disenrollment of a current participant in order to
secure the enrollment of a pupil who has priority for enrollment.
(e) A program shall inform the parent or caregiver of a pupil of
the right of homeless children and foster children to receive
priority enrollment and how to request priority enrollment.
(f) For purposes of identifying a pupil who is eligible for
priority enrollment pursuant to subdivision (d), the administrators
of a program shall allow self-certification of the pupil as a
homeless youth or a foster youth. Administrators of a program may
also obtain this information through the school district liaison
designated for homeless children if the school district has a waiver
on file allowing for the release of this information.
(g) This section shall become operative on July 1, 2017.
SEC. 8. Section 8483.95 is added to the Education Code, to read:
8483.95. It is the intent of the Legislature that a program
established pursuant to this article shall not use its core operating
funds for mandatory snacks or meals, but shall instead seek to
qualify program sites as approved distribution sites for federally
funded after school snacks or meals provided for by the National
School Lunch Program, the Summer Food Service Program, the School
Breakfast Program, or the Child and Adult Care Food Program.
SEC. 9. (a) Sections 2.5 and 3.5 of this bill incorporate
amendments to Section 8482.6 of the Education Code proposed by both
this bill and Assembly Bill 2615. They shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2017, (2) each bill amends Section 8482.6 of the Education Code,
and (3) this bill is enacted after Assembly Bill 2615, in which case
Sections 2 and 3 of this bill shall not become operative.
(b) Sections 4.5 and 5.5 of this bill incorporate amendments to
Section 8483 of the Education Code proposed by both this bill and
Assembly Bill 2615. They shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 8483 of the Education Code, and (3) this
bill is enacted after Assembly Bill 2615, in which case Sections 4
and 5 of this bill shall not become operative.
(c) Sections 6.5 and 7.5 of this bill incorporate amendments to
Section 8483.1 of the Education Code proposed by both this bill and
Assembly Bill 2615. They shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 8483.1 of the Education Code, and
(3) this bill is enacted after
Assembly Bill 2615, in which case Sections 6 and 7 of this bill shall
not become operative.
SEC. 10. The Legislature finds and declares that this act furthers
the purpose of the After School Education and Safety Program Act of
2002.
