Bill Text: CA SB645 | 2015-2016 | Regular Session | Amended
Bill Title: After school programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB645 Detail]
Download: California-2015-SB645-Amended.html
BILL NUMBER: SB 645 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 7, 2015
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hancock
FEBRUARY 27, 2015
An act to amend Sections 8482.3, 8482.8, 8483, and 8483.1 of the
Education Code, relating to after school programs.
LEGISLATIVE COUNSEL'S DIGEST
SB 645, as amended, Hancock. After school programs.
Existing law, 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 provides that each school
establishing a program pursuant to the act is eligible to receive a
renewable 3-year grant for before or after school programs, as
provided, and a grant for operating a program beyond 180 regular
schooldays or during summer, weekend, intersession, or vacation
periods, as provided. The act specifies the maximum grant amount and
related amounts for each of these grants, provides a formula for
determining an amount to be continuously appropriated from the
General Fund to the State Department of Education for purposes of the
program, and authorizes the Legislature to appropriate additional
funds for purposes of the program. Existing law requires
applicants for grants to, among other things, state the targeted
number of pupils to be served by the program, and requires the
department, for any school in the program that is under its targeted
attendance level by more than 15% in each of 2 consecutive years, to
adjust the grant level, and, in any year after the initial grant
year, if a school's actual attendance level falls below 75% of the
targeted attendance level, to review the program and adjust its grant
level as appropriate.
This bill would, commencing January 1, 2016, and until July 1,
2017, authorize a program to suspend its operation for up to 5
schooldays in a fiscal year and, if this results in
and would prohibit an adjustment of the grant
provided to the participating school, would authorize the
department to approve a request from the program grantee for an
exemption from this adjustment. school as a result of
a suspension. The bill would require that cost savings that
result from a suspension be used solely by the entity that is
providing direct services to pupils. The bill would also authorize
the program to determine the specific grades to serve in accordance
with local needs.
Existing law expresses the intent of the Legislature that, for the
before and after school components of the program, participating
middle school and junior high school pupils should attend a minimum
number of hours, days, or both, as specified, while elementary school
pupils should participate in the full day of these components of the
program for each day in which they participate, except as provided.
This bill would instead express the intent of the Legislature that
each attending pupil participate in the full day of the before or
after school components of the program for each day in which the
pupil attends the program, except as provided.
The After School Education and Safety Program Act of 2002
authorizes the Legislature to amend certain of its provisions to
further its purposes by majority vote of each house.
This bill would set forth a legislative finding and declaration
that this bill furthers the purposes of that act.
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 8482.3 of the Education Code is amended to
read:
8482.3. (a) The After School Education and Safety Program shall
be established to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating public elementary, middle, junior high,
and charter schools. The specific grades to be served by a program at
participating schools may be determined in accordance with local
needs.
(b) A program may operate a before school component of a program,
an after school component, or both the before and after school
components of a program, on one or multiple schoolsites. If a program
operates at multiple schoolsites, only one application shall be
required for its establishment.
(c) (1) Each component of a program established pursuant to this
article shall consist of the following two elements:
(A) An educational and literacy element 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 science.
(B) An educational enrichment element that may include, but need
not be limited to, fine arts, career technical education, recreation,
physical fitness, and prevention activities.
(2) Notwithstanding any other provision of this article, the
majority of the time spent by a pupil who is in kindergarten or any
of grades 1 to 9, inclusive, and who is participating in a career
technical education element of a program established pursuant to this
article shall be at a site that complies with Section 8484.6.
(d) (1) Applicants shall agree that snacks made available through
a program shall conform to the nutrition standards in Article 2.5
(commencing with Section 49430) of Chapter 9 of Part 27 of Division 4
of Title 2.
(2) Applicants shall agree that meals made available through a
program shall conform to the nutrition standards of the United States
Department of Agriculture's at-risk afterschool meal component of
the Child and Adult Care Food Program (42 U.S.C. Sec. 1766).
(e) Applicants for programs established pursuant to this article
may include any of the following:
(1) A local educational agency, including, but not limited to, a
charter school, the California School for the Deaf (northern
California), the California School for the Deaf (southern
California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure
that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to
operate a program on that site or sites.
(2) The application has been approved by the school district, or
the charter school governing body, and the principal of each
participating school for each schoolsite or other site.
(3) Each partner in the application agrees to share responsibility
for the quality of the program.
(4) The application designates the public agency or local
educational agency partner to act as the fiscal agent. For purposes
of this section, "public agency" means only a county board of
supervisors or if the city is incorporated or has a charter, a city
council.
(5) Applicants agree to follow all fiscal reporting and auditing
standards required by the department.
(6) Applicants agree to incorporate into the program both of the
elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for
the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be
based upon Section 8484 and upon any requirements recommended by the
Advisory Committee on Before and After School Programs and adopted by
the state board, in compliance with subdivision (g) of Section
8482.4.
(9) The application states the targeted number of pupils to be
served by the program.
(10) Applicants agree to provide the following information on
participating pupils to the department:
(A) Schoolday attendance rates.
(B) Program attendance.
(g) (1) Grantees shall review their after school program plans
every three years, including, but not limited to, all of the
following:
(A) Program goals. A grantee may specify any new program goals
that will apply to the following three years during the grant renewal
process.
(B) Program content, including the elements identified in
subdivision (c).
(C) Outcome measures selected from those identified in subdivision
(a) of Section 8484 that the grantee will use for the next three
years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of
this review, the grantee shall notify the department in a manner
prescribed by the department.
(F) The grantee shall maintain documentation of the after school
program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite
monitoring process.
SEC. 2. Section 8482.8 of the Education Code is amended to read:
8482.8. (a) If there is a significant barrier to pupil
participation in a program established pursuant to this article at
the school of attendance for either the before school or the after
school component, an applicant may request approval from the
Superintendent, before or during the grant application process, to
provide services at another schoolsite for that component. An
applicant that requests approval shall describe the manner in which
the applicant intends to provide safe, supervised transportation
between schoolsites; ensure communication among teachers in the
regular school program, staff in the before school and after school
components of the program, and parents of pupils; and coordinate the
educational and literacy component of the before and after school
components of the program with the regular school programs of
participating pupils.
(b) For purposes of this article, a significant barrier to pupil
participation in the before school or the after school component of a
program established pursuant to this chapter means either of the
following:
(1) Fewer than 20 pupils participating in the component of the
program.
(2) Extreme transportation constraints, including, but not limited
to, desegregation bussing, bussing for magnet or open enrollment
schools, or pupil dependence on public transportation.
(c) In addition to the authority to transfer funds among school
programs pursuant to Sections 8483.7 and 8483.75, and in addition to
the flexibility provided by subdivisions (a) and (b), a program
grantee that is temporarily prevented from operating a program
established pursuant to this article at the program site due to
natural disaster, civil unrest, or imminent danger to pupils or staff
may shift program funds to the sites of other programs established
pursuant to this article to meet attendance targets during that time
period.
(d) If a program grantee is temporarily prevented from operating
its entire program due to natural disaster, civil unrest, or imminent
danger to pupils or staff, the department may recommend, and the
state board may approve, a request by the grantee for payment equal
to the amount of funding the grantee would have received if it had
been able to operate its entire program during that time period.
(e) Upon the request of a program grantee, the state board may
approve other unforeseen events as qualifying a program grantee to
use the authority provided by subdivisions (c) and (d).
(f) (1) The Legislature finds and declares that the cost of
operating a program is exceeding the grant amount provided under this
article.
(2) Commencing January 1, 2016, a program established pursuant to
this article may suspend its operation for no more than five
schooldays in a fiscal year. If the suspension results in a
grant adjustment A grant shall not be
adjusted pursuant to clause (ii) or (iii) of subparagraph (A)
of paragraph (1) of subdivision (a) of Section 8483.7, the
department may approve a request from the program grantee for an
exemption from the adjustment. 8483.7 as a result of a
program suspending its operation pursuant to this paragraph.
Cost savings that result from a suspension of a program in accordance
with this subdivision shall be used solely by the entity that is
providing direct services to pupils.
(3) This subdivision shall remain in effect only until July 1,
2017, unless a later enacted statute, that is enacted before July 1,
2017, deletes or extends that date.
SEC. 3. 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 each attending pupil
participate in the full day of the program for each day in which the
pupil attends the program.
(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.
SEC. 4. 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 each attending
pupil participate in the full day of the program for each day in
which the pupil attends the program, 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.
SEC. 5. The Legislature finds and declares that this act furthers
the purposes of the After School Education and Safety Program Act of
2002.
