HomeMy WebLinkAboutMINUTES - 08142001 - C.56 • t
TO: BOARD OF SUPERVISORS - ' CONTRA
COSTA
FROM: John Sweeten, County Administrator COUNTY
DATE: August 14 2001
SUBJECT: AB 297 (Kehoe) - Support
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
SUPPORT AB 297 (Kehoe), which equalizes the licensing requirements for before and after school
programs on or adjacent to school sites that run by cities or counties in partnership with community-
based organizations with existing regulations for programs run by schools, as recommended by the
Internal Operations Committee.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The County's 2001 Legislative Program includes the following platform position:
Monitor and bring to the attention of the Board of Supervisors legislation on after school
programs.
The Board of Supervisors, through the Internal Operations Committee, is currently considering
establishment of a "Afterschool for All" program which would support partnerships between
community-based organizations and schools and/or cities to provide after school activities on or
adjacent to school sites. The Committee recommends that the Board support AB 297, which would
be beneficial to the County's efforts to expand after school programs.
CONTINUED ON ATTACHMENT: JZYES SIGNATURE: a4,
✓ RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OFB D COMMITTEE
1APPROVE _OTHER
SIGNATURE(S): i
ACTION OF BOA APPROVED AS RECOMMENDED ✓OTHER
7
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT '� ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN. r,
Contact: Sara Hoffman,335-1090 ATTESTED. I y . ZDD`1
J N SWEETEN,CLERK OF
cc: Christina Linville,CAO THE BOARD OF SUPERVISORS
County Lobbyist AND COUNTY ADMINISTRATOR
Legislative Delegation
BY, DEPUTY
L
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Currently, the regulations governing operation of before and after school programs are different for
those programs which are run by school systems than for those run by other public agencies.
Differences affect the number of hours per week a program can operate, student -teacher ratios and
qualifications of instructors. AB 297 establishes parity between the school-sponsored and
city/county-sponsored programs.
In addition, the bill provides criteria for programs eligible for the amended licensing requirements,
including the need for partnerships, approval by the school district and school site principal,
collaborative planning process, hours of operation and evaluation components. AB 297 also sunsets
on January 1, 2005.
AB 297 Assembly Bill- AMENDED Page 1 of 4
BILL NUMBER: AB 297 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 18, 2001
AMENDED IN SENATE JULY 5, 2001
AMENDED IN SENATE JUNE 21, 2001
AMENDED IN ASSEMBLY MAY 7, 2001
AMENDED IN ASSEMBLY APRIL 2, 2001
INTRODUCED BY Assembly Members Kehoe and Zettel
FEBRUARY 16, 2001
An act to add and repeal Article 23.4 (commencing with
Section 8488.5) to of Chapter 2 of Part
6 of the Education Code, relating to before and after school
programs.
LEGISLATIVE COUNSEL'S DIGEST
AB 297, as amended, Kehoe. Before and after school programs.
Existing law establishes the After School Learning and Safe
Neighborhoods Partnerships Program to create incentives for
establishing local after school enrichment programs and establishes
maximum grant amounts for participating schools and serve pupils in
kindergarten and grades 1 to 9, inclusive, at participating
elementary, middle, and junior high school sites. Under existing
law, every after school program established pursuant to the program
is required to operate a minimum of 3 hours a day and at least until
6 p.m. on every regular schoolday.
Existing law, notwithstanding any other provision of law or
regulation, permits a participating program operated by a city,
county, or nonprofit organization to operate for up to 20 hours per
week without obtaining a license or special permit otherwise required
under prescribed provisions of law.
This bill would , until January 1, 2005, establish the
Six-to-Six Before and After School Program to establish a similar
program to provide local before and after school enrichment programs.
This bill would permit a participating program, operated by a city
or county in partnership with a community-based organization with the
approval of a local educational agency and operated on a schoolsite,
to operate for up to 30 hours per week without obtaining a license
or special permit otherwise required under prescribed provisions of
law. The bill would require that the enrichment programs may only
operate with the authorization of the governing board of a school
district.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 23.4 (commencing with Section 8488.5) is added
to Chapter 2 of Part 6 of the Education Code, to read:
Article 23.4 . The Six-To-Six Before And After School Program
8488.5. There is hereby established the Six-to-Six Before and
After School Program. The purpose of this program is to create
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AB 297 Assembly Bill - AMENDED Page 2 of 4
locally driven before and after school enrichment programs that
partner schools and communities to provide academic and literacy
support and safe, constructive alternatives for youth.
8488.7. (a) The Six-to-Six Before and After School Program shall
be established to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating elementary, middle, junior high, and
charter schoolsites.
(b) A program may operate on one or multiple schoolsites.
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(c) An after school program established pursuant to this article
shall consist of the following two components:
(1) An educational and literacy component whereby tutoring or
homework assistance is provided in one or more of the following
areas: language arts, mathematics, history and social science, or
science.
(2) A component whereby educational enrichment, which may include,
but need not be limited to, recreation, physical activity, conflict
resolution, and drug and alcohol prevention activities, is provided.
(d) Governing agencies for programs established pursuant to this
article may include any of the following:
(1) A local education agency, including a charter school.
(2) A city or county in partnership with a community-based
organization, with the approval of a local educational agency or
agencies.
(e) Cities or counties in partnership with community-based
organizations and school districts shall ensure that each of the
following requirements is fulfilled, if applicable:
(1) The program documents the commitments of each partner to
operate a program on that schoolsite or schoolsites.
(2) The program has been approved by the governing board of the
school district and the principal of each schoolsite.
(3) Each partner in the program agrees to share responsibility for
the quality of the program.
(4) The program designates the public agency or local education
agency partner to act as the fiscal agent. For purposes of this
section, "public agency" means only a county board of supervisors or,
where the city is incorporated or has a charter, a city council.
(5) "«'--_@ate- Programs agree to
follow all fiscal reporting and auditing standards required by the
program.
(6) A formal complaint process is established and posted at each
schoolsite.
(7) Priority for funding programs established pursuant to this
article shall be given to elementary, middle, and junior high schools
with the highest percentage of pupils eligible for free or
reduced-cost meals through the school lunch program of the United
States Department of Agriculture.
8488.9. (a) Every program established pursuant to this article
shall be planned through a collaborative process that includes
parents, youth, and representatives of participating schoolsites,
governmental agencies, such as city and county parks and recreation
departments, community organizations, child care providers, and the
private sector.
8489. Every pupil attending a school operating a before and after
school program pursuant to this article is eligible to participate
in the program, subject to program capacity.
8489.1. (a) (1) Every before and after school program established
pursuant to this article shall operate a minimum of three hours a
day and at least until 6 p.m. on every regular schoolday. Before
school programs hours shall be set according to community need.
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Every program shall establish a policy regarding reasonable early
daily release of pupils from the program.
(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, except when released early in
accordance with the early release policy described in paragraph (1)
or as reasonably necessary.
(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 shall have the option of operating during any combination of
summer, intersession, or vacation periods.
8489.2. (a) The city or county shall annually review all of the
following:
(1) Strength of the educational component.
(2) Quality of the educational enrichment component.
(3) Strength of staff training and development component.
(4) Scope and strength of collaboration, including demonstrated
support of the schoolsite principal and staff.
(5) Capacity to facilitate better integration with the regular
schoolday and other extended learning opportunities. These
opportunities may include arts, recreation, computer use, and other
activities to broaden the pupil's learning experience.
(6) Inclusion of a nutritional snack.
(7) Employment of CalWORKs recipients.
(8) Level and type of local funds.
(9) Fiscal accountability.
(10) The health and safety of the participants.
8489.3. The administrator of every program established pursuant to
this article shall establish minimum qualifications for each staff
position that, at a minimum, ensure that all staff members who
directly supervise pupils meet the minimum qualifications for an
instructional aide, pursuant to the policies of the school district.
The administrator of every program shall ensure that all staff
receive training in behavior management, discipline, and guidance.
Every program shall have a full-time site supervisor.
Selection of the after school program site supervisors shall be
subject to the approval of the schoolsite principal. Full-time site
supervisors shall possess a bachelor's degree or have completed at
least 24 units of coursework, in any combination, in the subject
areas of education, child development, recreation, or a related
field. The administrator shall also ensure that the program
maintains a pupil-to-staff member ratio of no more than 20 to 1. All
program staff and volunteers shall be subject to the health
screening and fingerprint clearance requirements in current law and
district policy for school personnel and volunteers in the school
district.
8489.4. Before and after school programs established pursuant to
this article shall report annually to the school district and
superintendent on measures for academic performance,
attendance, and positive behavioral changes. School districts
shall provide these annual reports to the Education and Human
Services Committees of the Legislature.
8489.6. (a) Programs established pursuant to this article shall
not be required to comply with the requirements of other provisions
of this chapter or requirements set forth in Chapter 19 of Division 1
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of Title 5 of the California Code of Regulations.
(b) Programs established pursuant to this article may only operate
pursuant to the authorization of the governing board of a school
district.
(c) Notwithstanding any other provision of law or regulation, a
program operated pursuant to this article by a city or county in
partnership with a community-based organization, with the approval of
a local education agency or agencies and operated on a schoolsite
may operate for up to 30 hours per week without obtaining a license
or special permit under Chapter 3.4 (commencing with Section 1596.70)
or Chapter 3.5 (commencing with Section 1596.90) of Division 2 of
the Health and Safety Code.
8489.8. Programs established pursuant to this article may be
conducted upon the grounds of a community park or recreational area
if the park or recreational area is adjacent to the schoolsite.
8489.9. This article shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
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