HomeMy WebLinkAboutMINUTES - 04042006 - C.49 I
TO: BOARD OF SUPERVISORS Contra
FROM: Supervisors John Gioia and Mark DeSaulnier Costa
o e•,-1�q, a�
DATE: April 4, 2006 �o•.;' �- •�~•�° Count
STa cb'uKT'� y
SUBJECT: Support SB 638 (Torlakson) —After School Programs
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION CW • %A11
RECOMMENDATIONS:
1. SUPPORT SB SB 638 will streamline California's state and federally funded before
and after school programs, provide more flexibility on a local level for providing high
quality before and after school programs in elementary, middle and high schools, and
increase accountability for programs.
BACKGROUND
SB 638 will streamline California's state and federally funded before and after
school programs, provide more flexibility on a local level for providing high quality
before and after school programs in elementary, middle and high schools, and
increase accountability for programs. This bill creates a direct grant mechanism
for both the State After School Education and Safety (ASES) program and the
federal 21St Century Community Learning Center (21St CCLC) programs, increases
per child and maximum site funding to.support high quality programs, protects
funds for schools with the greatest needs while maximizing the number of other
schools that can participate. This bill also restructures 21St CCLC funds to expand
high school participation, provides funding to eliminate barriers to student
participation, and continues to support community-based programs.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
— ----------------------------------------- ------------------------------------------------------------------------------------------------------------------------
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
-
-------------------------
---------- --
--ACTION OF BOARD ON APPROVE AS RECOMMEN-D-E-------------- --------
--------D OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
j_ UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: April 4,2006
CONTACT: SUPERVISOR JOHN GIOIA(510)374-3231 JOHN CULLEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADMINISTRATOR
CC: COUNTY ADMINISTRATOR
CLERK OF THE BOARD
B -,DEPUTY
SB 638 (Torlakson)
After School Program Excellence & Accountability Bill
Summary: SB 638 will streamline California's state and federally funded before and after
school programs, provide more flexibility on a local level for providing high quality before and
after school programs in elementary, middle and high schools, and increase accountability for
programs. This bill creates a direct grant mechanism for both the State After School Education
and Safety (ASES)program and the federal 21s5 Century Community Learning Center (21st
CCLC) programs, increases per child and maximum site funding to support high quality
programs, protects funds for schools with the greatest needs while maximizing the number of
other schools that can participate. This bill also restructures 2155 CCLC funds to expand high
school participation, provides funding to eliminate barriers to student participation, and
continues to support community-based programs.
Background: In 1998, with the enactment of AB 2284 (Torlakson), SB 1756 (Lockyer), and
AB 1428 (Ortiz), California created the nation's largest state-funded before and after school
program, now called the After School Education and Safety (ASES)program. In 2002,
California began administering the federally funded 2155 Century Community Learning Centers
(21st Century)program, which adds $136 million to California's $121 million investment. Also
in 2002, California voters passed Proposition 49 to increase the state's investment in after school
and to ensure that every public elementary and middle school could access state funds for after
school programs.
Proposition 49, if fully implemented, could more than quadruple state funding for after school
programs from the current$121 million to $550 million, an increase of$428 million. The
Governor's January Budget proposes to make this new funding available in the 2006-07 fiscal
year.
If Proposition 49 fails to roll out successfully due to program inaccessibility and limited demand
for dollars or hasty program implementation, it will be a major setback not only for after school
in California, but for the entire children's policy agenda.
With the implementation of Proposition 49 approaching, this legislation seeks to address major
barriers associated with financing high-quality after school programs. It is critical that each of
these barriers are addressed before Proposition 49 significantly expands the number of after
school programs operating in California under the current, flawed system. It is also critical that
currently funded sites have the opportunity to create high-quality programs for students through
flexible and accountable structures.
Specifically, this bill does the following to strengthen both before and after school programs and
increase accountability to the state's taxpayers:
1) Creates a new direct grant mechanism for ASES and 215` Century grantees, which would
eliminate excessive paperwork and provide more flexibility for program start-up and on-
going management.
2) Creates a new accountability system for ASES grantees. This evaluation system will hold
programs accountable for academic and behavioral outcomes that are measurable, cost-
effective, and supported by research.
3) Ensures that funding is available for all current recipients of ASES, 21 st Century (as federal
grants expire), and all low income public schools.
4) Increases the maximum ASES grant amount available for before and after school programs
to increase the number of students served per school site.
5) Decreases the local match for ASES programs to $1 per$3 in state funds.
6) Redesigns the 21St CCLC program to maximize the use of federal funds in the wake of
Proposition 49 being implemented. The redesign would do the following:
A. Increase high school grants
B. Increase funds for non-public school grantees (including community-based
organizations)
C. Increase access grants for enhancement and expansion of low-income elementary and
middle school after school programs already receiving ASES and 21St Century funds.
D. Create a direct grant mechanism identical to ASES.
7) Requires the Department of Education to create and disseminate standards for quality physical
education and physical activity in state administered after school programs.
Sponsors: Bay Area Partnership for Children and Youth, Children Now
Contact: Mufaddal Hotelwala in Senator Torlakson's Office, (916) 651-4007
AMENDED IN ASSEMBLY FEBRUARY 21, 2006
AMENDED IN ASSEMBLY JUNE 2, 2005
SENATE BILL No. 638
Introduced by Senator Torlakson
(Coauthors: Senators Alquist,Denham,Lowenthal, Romero,
Simitian, and Soto)
February 22, 2005
eh4d--e rre—An act to amend Sections 8482.5, 8482.55, 8483.55,
8483.7, 8483.75, 8484, and 8484.8 of, and to repeal Sections 8482.5
and 8483.7 of, the Education Code, relating to before and after school
programs, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 638, as amended, Torlakson. After School Education and Safety
Program.
(1) 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 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.
The existing act requires that grants made to public schools under
the program for the 2003-04 fiscal year continue to be funded in each
subsequent fiscal year at the 2003-04 fiscal year level before any
other grants are funded under the act, if those schools continue to
I
I
i
97
SB 638 —2—
make
2—make application for the grants and are otherwise quaked under the
act.
This bill, additionally, would require that grants made to public
elementary, middle, and junior high schools under a specified
provision of existing law relating to community learning centers,for
the 2002-03, 2003-04, and 2004-05 fiscal years, continue to be funded
under the act in each subsequent fiscal year immediately following the
expiration of the grant made under the specified provision of law, at
the same award level as the grant was funded under the specified
provision of law for the 2004-05 fiscal year, before any grants are
funded under certain provisions of the act, if the school applies for the
grant and is otherwise quaked under the act.
(2) The existing act exempts the grants described in (1) above from
a requirement that priority for funding under the act be given to
schools where a minimum of 50% of the pupils in elementary schools
and 50% of the pupils in middle and junior high schools are eligible
for free or reduced-cost meals through the school lunch program of
the United States Department ofAgriculture.
This bill would delete that exemption.
(3) The existing act provides a formula for determining an amount
to be continuously appropriated from the General Fund to the
department for purposes of the program. The existing act allows the
department to spend I'/z% of the appropriated funds to cover
evaluation costs, to provide training and support, and to pay its costs
of awarding and monitoring grants.
This bill would require that the training and support provided by the
department include, but not be limited to, the development and
distribution of voluntary guidelines for physical activity programs, as
specified.
(4) The existing act requires that all funds remaining from the
continuous appropriation after certain grants have been funded to be
distributed as 3-year renewable incentive grants under certain
provisions of existing law.
This bill would revise the funding formulas for the grants.
(5) Existing law provides for the funding of specified community
learning center programs.
This bill would revise the amounts required to be made available for
those programs.
I
97
I
I
I
i
I
II
-3— SB 638
(6) Because this bill would make money that is continuously
appropriated specifically available for these new purposes, the bill
would make an appropriation.
(7) The existing act authorizes the Legislature to amend certain of
its provisions to further its purposes by majority vote of each house.
Certain other provisions of the existing act relating to funding
priorities, as described in (1) and(2) above, may be amended by the
Legislature only by a z/, majority vote of each house and signed by the
Governor if the amendment furthers the purposes of the act.
This bill would set forth a legislative finding and declaration that
the proposed amendments further the purposes of the act.
Existing law, etitteted by iftitiative statute, establishes the Afte
,
middle, junier high, and eharter sehools. Existing law provides
4-}/}
training and support, and to pffy its eests of awafding and monitoring
This bill would require that the traitting and sttppart provided by-the
depaftment inelude; bttt not be litnited to, the development and
The bill would make findings and deelarations of the 1:;egislatffe
that its provisions fttrther the purpose of the aet.
Vote: tr ajer /3. Appropriation: eyes. Fiscal committee:
yes. State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. It is the intent of the Legislature to support the
2 creation of before and after school programs in every
3 Californian school, to provide safe havens during non-school
4 hours that encourage youth resiliency and readiness for school
5 for all of California's neediest children, and to create a system of
6 accountability and flexibility for local after school program
j 97
SB 638 —4-
1
4-1 implementation that will enable program excellence and positive
2 pupil outcomes.
3 SEC. 2. Section 8482.5 of the Education Code, as amended
4 by Section 2.6 of Chapter 320 of the Statutes of 1998, is repealed.
5
6 ptirsttant to shall be given to sehools where ft
7
8 50 pereetit of the ptipils in middle and jttftior high sehoals am
9
10 program of the United States Deparftnent ofAgfietAture.
11 (b) Every progmtn established pursuant to this artiele shall
12
13 youth, and representatives of partieipating sehoolsites;
14
15 reereation depaftments,eentmurtity organizations,and the private
16 seeter.
17 SEC. 3. Section 8482.5 of the Education Code, as amended
18 by Section 2.5 of Chapter 320 of the Statutes of 1998, is repealed
19 8482.5. (a) Priority for ftinding programs established
20
21 minimum of 50 pereent of the pupils in elementary seheals and
22 50 pereent of the pupils in middle and itittior high sehools are
23 eligible for ffee or redueed east meals through the sehool ItIn
24 progfayn of the United States Department of Agriettiture.
25 (b) Every program established purstiant to this artiele shall
26
27 youth, and fepresentatives of paftieipating sehoolsites;
28
29
30 seeten
31 SEC. 4. Section 8482.5 of the Education Code, as amended
32 on November 5, 2002, by Section 7 of Proposition 49 is amended
33 to read:
34 8482.5. (a) Priority Notwithstanding subdivision (c) of
35 Section 8482.55, priority for funding programs established
36 pursuant to this article,
37 , shall be given to schools
38 where a minimum of 50 percent of the pupils in elementary
39 schools and 50 percent of the pupils in middle and junior high
40 schools are eligible for free or reduced-cost meals through the
97
i
i
I'
—5— SB 638
1 school lunch program of the United States Department of
2 Agriculture. Programs that qualms for funding under this
3 subdivision shall be funded based on the maximum grants
4 authorized under Section 8483.7.
5 (b) Every program established pursuant to this article shall be
6 planned through a collaborative process that includes parents,
7 youth, and representatives of participating public schools,
8 governmental agencies, such as city and county parks and
9 recreation departments, local law enforcement, community
10 organizations, and the private sector.
11 SEC. 5. Section 8482.55 of the Education Code is amended to
12 read:
13 8482.55. (a) To accomplish the purposes of the After School
14 Education and Safety Program, commencing with the fiscal year
15 beginning July 1, 2004, and for each fiscal year thereafter, all
16 grants made pursuant to this article shall be awarded as set forth
17 in this section.
18 (b) (1) Grants made to public schools pursuant to this article
19 for the 2003-04 fiscal year shall continue to be funded in each
20 subsequent fiscal year at the 2003-04 fiscal year level before any
21 other grants are funded under this article, provided such schools
22 continue to make application for such grants and are otherwise
23 qualified pursuant to this article. Receipt of a grant at the
24 2003-04 fiscal year level made pursuant to this subdivision shall
25 not affect a school's eligibility for additional grant funding as
26 permitted in subdivisions (c) and (d) up to the maximum grants
27 permitted in Sections 8483.7 and 8483.75.
28 (2) Grants made to public elementary, middle, and junior high
29 schools under Section 8484.8 for the 2002-03, 2003-04, and
30 2004-05 fiscal years shall continue to be funded under this
31 article in each subsequent fiscal year immediately following the
32 expiration of the grant made under Section 8484.8, at the same
33 award level as the grant was funded under Section 8484.8 for the
34 2004-05 fiscal year, before any grants are funded under
35 subdivisions (c), (d), and (e), if the school applies for the grant
36 and is otherwise qualified under this article. Receipt of a grant
37 under this paragraph does not affect a school's eligibility for
38 additional grant funding as permitted in subdivisions (c) and(d),
39 up to the maximum grants permitted in Sections 8483.7 and
40 8483.75.
97
i
I
SB 638 —6-
1 (c) Every Each public elementary, middle, and junior high
2 school in the statec-sna'xi—oe is eligible to receive a three year
3 renewable ineetitive direct grant for after school programs to be
4 operated during the regular school year, as provided in
5 subparagraph (A) of paragraph (1) of subdivision (a) of Section
6 8483.7. Except as provided in this subdivision, grants for after
7 school programs made pursuant to this subdivision shall be
8 subject to all other sections of this article. Grants for after school
9 programs made pursuant to this subdivision shall not exceed-€rfty
10 seventy-five thousand dollars
11 ($75,000) for each regular school year for each elementary
12 school or one hundred
13 twelve thousand dollars ($112,000) for each regular school year
14 for each middle or junior high school. Notwithstanding
15 subdivision (a) of Section 8482.5 and except as provided in
16 subdivision (f), every each public elementary, middle, and junior
17 high school in the state shall have equal priority of funding for
18 grants for after school programs made pursuant to this
19 subdivision. Receipt of a grant for an after school program made
20 pursuant to this subdivisions does not affect a school's
21 eligibility for additional grant funding as permitted in subdivision
22 (d) up to the maximum grants permitted in Sections 8483.7 and
23 8483.75. Grants made pursuant to this subdivision shall be
24 funded after grants made pursuant to subdivision (b) and before
25 any grants made pursuant to subdivision (d). Grants made
26 pursuant to this subdivision shall be referred to as "After School
27 Education and Safety Universal Grants."
28 (d) All funds remaining from the appropriation provided in
29 Section 8483.5 after award of grants pursuant to subdivisions (b)
30 and (c) shall be distributed pursuant to Sections 8483.7 and
31 8483.75. Grants for programs made pursuant to this subdivision
32 shall be subject to all other sections of this article. Priority for
33 grants for programs made pursuant to this subdivision shall be
34 established pursuant to subdivision (a) of Section 8482.5 and
35 Section 8483.3.
36 (e) No A school shall not receive grants in excess of the
37 amounts provided in Sections 8483.7 and 8483.75.
38 (f) in the event that If in any fiscal year the appropriation made
39 pursuant to Section 8483.5 shall be insufficient to fund all
40 eligible schools who-hake submit an eligible application for an
97
I
—7— SB 638
1 After School Education and Safety Universal ants Grant
2 pursuant to subdivision (c), priority for After School Education
3 and Safety Universal Grants shall be established pursuant to
4 subdivision (a) of Section 8482.5 , Section 8483.3, and
5 subdivision (b) of Section 8482.55.
6 SEC. 6. Section 8483.55 of the Education Code is amended to
7 read:
8 8483.55. From the funds appropriated pursuant to subdivision
9 (b) of Section 8483.5, the State Department of Education may
10 spend++/, one and one half percent to cover evaluation costs and
11 to provide training and support to ensure quality program
12 implementation, development, and sustainability and may pay its
13 costs of awarding and monitoring grants. Training and support
14 shall include, but is not limited to, the development and
15 distribution of voluntary guidelines for physical activity
16 programs established under paragraph (2) of subdivision (c) of
17 Section 8482.3 that expand the learning opportunities of the
18 schoolday.
19 SEC. 7. Section 8483.7 of the Education Code, as added by
20 Section 2 of Chapter 318 of the Statutes of 1998, is repealed.
21 8483.4. (a) it is the intent of the LegislaWire that a minitnum
22 of fifly million dollars ($50,000,900) be appropriated for
23 program established pursuant to this artiele, t1tratigh the anm
24
25 pereent sliall be reserved for programs that @perate at elementffly
26 seheals and 50- pereeitt shall be resef:ved for prograrns that
27
28 stiffieient number of qualified applieants to use all of the ftinding
29
30 applieants in the other ealegory.
31 (b) (1) Every seheal that establishes a program pursttant to
32 this artiele is eligible to reeeive a three year renewable ineentive
33
34 by the State Depaf"ent of Edueation, fijr tip to five dollars ($�r)
35 per day per pupil, with a maximum total grant amount of
36 seventy five thousand dollars ($75,000) for eaeh regular sehoe4
37
38
39 or itmiar high seho6l.
97
SB 638 —8-
1
8-
1
2
3
4 respeetive limits k.).
5 f4} For eletnentM sehools, multiply seventy five dollars
-
6 ($7�) by the number of pupils erffolled at the sehoolsite for the
7 .
8 (B) For middle sehools, mmitiply seventy five dollars ($75)by
9 the numbeir of pupils efffolled at the sebeelsite for the normal
10 sehoolday program that exeeeds 900.
11 (4) A sehool that establishes a program pttrsttattt to this artiel-o
12 is eligible to reeeive a supplemental grant to operate the pmgram
13
14 .
15 .
16
(B) Thirty pereent o� 4te total grant amount awarded to th--
17 .
18 . ...vide at least 50 pereent eash or
19 ift 16it loeul mulehing ftmds from the sehool distriet,
20 governmental ageneies, eommunity orgattizations, or the private
21
22
23 (e) The administrator Of a-F-fogram established pursttant to this
24 artiele may supplemelit, but not supplant existing ftmding for
25 after sehool programs with grant f6nds awarded perseam to
26
27 shall not be eligible is matehing ftmds fim: these after sehool
28 programs.
29 (d) Up to 15 pereent of the initial yetff's grant amount f6r ea
30
31
32 . L funding above the approved grant
33 amount.
34 SEC. 8. Section 8483.7 of the Education Code, as added by
35 Section 2 of Chapter 319 of the Statutes of 1998, is repealed.
36 848�.7. (a) it is the intent o' the 1::egislatttre that a minimum
37 of fifty million dollars be appropriated for
38
39 Budget Aet. OF the ftinds appfopriated for the program, �O
40 pereent shall be reserved for programs that operate at elementa
97
i
—9— SB 638
1
2
3
4 in one e May be used for qualified
5
6
7 this aftiele is eligible to receive a three year fettewable ineentive
8 grant, sttbjeet to amival reporting and feeertifieatiott as required
9 by the State Department of Edtteatiott, for ttp to five dollars ($-S)
10 per day per pttpi4, with a maximtim total grant amount of
11
12
13 dollars ($100,000) for eaeh regular sehool year for eaeh fniddl.c
14 or junior high sehool.
15
16 deseribed in pafagraph (1) may be inereased based on
17 following formulas, up to momit of tvviee
18
19 fA} For elementary sehools, multiply seventy five dollars
20 (S�5) by the number of pepils efffolled at the sehoolsite for the
21 normal sehoolday program that exeeeds 600.
22 (-B) For middle sebools, multiply seventy five dollars ($75)by
23 the rmtnbef: of pupils ettralled at the seboalsite for the nofmal
24 sehoolday program that exeeeds 900.
25
26 is eligible to receive a sepplemental grant to operttte the program
27 , '
28 periods for a ma-mintum of the lesser of the fell
29 .
30 (B) Thirty pereent of the tatal grant amotmt awarded to the
31 sehool per sehool year purstiant to this sebdivisiom.
32 (4) Eaeh program shall provide at least 50 pereent eash of
33 itt k4nd laeal matehing ftttids from the sehool distriet;
34 governmental fftity arga-ttizatiofts, or the private
35
36 nor spaee usage may fitifill the mateh requiremeitt.
37 (e) T-headtnittistratorofaprogr-amesta�blishedptirstianttathts
38 artiele may supplement, but ftot supplant existing funding fi�,f
39 after sehool pfograms with grant ftinds awarded purstittrit to this
40
97
i
i
I
SB 638 I -10—
I
0-1 shall not be eligible as matehing ftnids for these after seh
2 programs.
3 (d) Up to 15 pereent of the initial year's grant arnount for ea
4 may be tttili2ed for startup eosts. t4nder no
5
6 in the grant reeipient's total fttnding above the approved gr
7 amount:
8 SEC. 9. Section 8483.7 of the Education Code, as amended
9 by Section 4 of Chapter 553 of the Statutes of 2005, is amended
10 to read:
11 8483.7. (a) (1) (A) Every Each school that establishes a
12 program pursuant to this article is eligible to receive a three-year
13 renewable-ineentive direct grant, that shall be awarded in three
14 one-year increments and is subject to annual reporting and
15 recertification as required by the department, for either of `' -
16following, as seleeted by the ..
17per pupil, if the prografn
18 sefves pupils in elementarr, middle, or junior high sehool.
19 (ii) Five dollars ($�) per pupil for etteh three hours of pupi1
20 attenda-mee, with a maximum total reimbursement of twenty five
21 week, if
22 middle of:jurtior high sehool. 4;5 reeeive reimbursement pursuff"t
23 to this subparagraph, the program administrator shall apply-to
24
25 by the Superintendent shall be based an program results.
26 (B) Direct grants may be awarded to applicants that have
27 demonstrated readiness to begin operation of a program or to
28 expand existing programs. Operational grants shall supplement,
29 not supplant, existing services and funds provided by the school.
30 (B)-
31 (C) The maximum total direct grant amount awarded annually
32 pursuant to this paragraph for programs eligible under
33 subdivision (a) of Section 8482.5 and subdivision (b) of Section
34 8482.55 shall b one
35 hundred twelve thousand five hundred dollars ($112,500) for
36 each regular school year for each elementary school and-&ne
37 one hundred fifty thousand
38 dollars ($150,000) for each regular school year for each middle
39 or junior high school. The superintendent shall determine the
40 total annual direct grant amount for which a site is eligible based
97
II
-11— SB 638
1 on a formula of seven dollars and fifty cents ($7.50)per pupil for
2 each three hours of pupil attendance that the program plans to
3 serve, with a maximum total grant of fortyfive dollars ($45)per
4 projected pupil per week, and a formula of seven dollars and fifty
5 cents ($7.50) per projected pupil per day of staff development,
6 with a maximum of eight staff development days per year.
7 (2) For large schools, the maximum total grant amounts
8 described in subparagraph (C) of paragraph(1)may be increased
9 based on the following formulas, up to a maximum amount of
10 twice the respective limits specified in subparagraph (C) of
11 paragraph(1):
12 (A) For elementary schools, multiply seventy-five dollars
13 ($75) by the number of pupils enrolled at the schoolsite for the
14 normal schoolday program that exceeds 600.
15 (B) For middle schools, multiply seventy-five dollars ($75)by
16 the number of pupils enrolled at the schoolsite for the normal
17 schoolday program that exceeds 900.
18 (3) The maximum total grant amounts set forth in
19 subparagraph-(B) (C) of paragraph (1) and in paragraph-(21) may
20 be increased from any funds made available for this purpose in
.21 the annual Budget Act for participating schools that have pupils
22 on waiting lists for the program. Grants may be increased by the
23 lesser of an amount that is either 25 percent of the current
24 maximum total grant amount or equal to the proportion of pupils
25 unserved by the program as measured by documented waiting
26 lists as of January l, 2001 of the previous grant year, compared
27 to the actual after school enrollment on the same date. Matehing
28 €ind-regtrir'ements The amount of the required contribution of
29 local funds shall be increased accordingly. Priority for an
30 increased maximum grant under this paragraph shall be given to
31 schools that qualms for funding under subdivision (b) of Section
32 8482.55.
33 (4) A school that establishes a program pursuant to this article
34 is eligible to receive a supplemental grant to operate the program
35 during any combination of summer, intersession, or vacation
36 periods for a maximum of the lesser of the following amounts: 30
37 percent of the total grant amount awarded to the school per
38 school year under this subdivision.
39 .
97
SB 638 —12-
1
12-1 (B) Thirty pereent of the t. tal grant amount awafded to
2 .
3 (5) Each program shall provide an amount
4 of cash or in-kind local-matehing funds equal to not less than
5 one-third of the total grant from the school district, governmental
6 agencies, community organizations, or the private sector4or-eaeh
7 dollar reeeived itt grant funds. Neither faeilities nor spaee ttsage
8 may. Facilities or space usage may fulfill not more than 25
9 percent of the required local contribution.
10 (6) (A) A grantee
11 for may allocate up to 125 percent of the maximum total grant
12 amount for an individual school, so long as the maximum total
13 grant amount for all school programs administered by the
14 program grantee is not exceeded.
15 (B) In order to be eligible for ---Aunt renewal, a
16 program grantee that transfers funds for purposes of
17 administering a program established pursuant to this article shall
18 have an established waiting list for enrollment, and may transfer
19 only from another school program that has met a minimum of 70
20 percent of its attendance goal.
21 (7) Each recipient of a grants awarded under this section is
22 required to provide an amount of a local contribution that is
23 equal to one dollar ($1)for each three dollars ($3) awarded The
24 required local contribution shall be made in cash or as services
25 or resources of comparable value. It is the intent of the
26 Legislature that participants seek and utilize private funds or
27 resources for this purpose.
28 (8) (A) Grantees are subject to annual reporting and
29 recertification as required by the department. If actual pupil
30 attendance is significantly below the proposed levels in the first
31 year of the direct grant, the department shall provide technical
32 support for development of a program improvement plan for the
33 grantee. If the actual attendance is significantly below proposed
34 attendance at the end of the second year of the grant, the
35 department may reduce funding for the grantee.
36 (B) The department shall create a process to allow a grantee
37 to voluntarily lower its annual grant amount if one or more sites
38 are unable to meet the proposed pupil attendance levels by the
39 end of the second year of the grant.
97
,
—13— SB 638
I
1 (C) A grantee who has had its grant amount reduced may
2 subsequently request an increase in funding under paragraph
3 (3).
4 (b) The administrator of a program established pursuant to this
5 article may supplement, but not supplant, existing funding for
6 after school programs with grant funds awarded pursuant to this
7 article. State categorical funds for remedial education activities
8 shall not be eligible as matehiiig ftmds used to make the required
9 contribution of local funds for those after school programs.
10 (c) Up to 15 percent of the initial year's grant amount for each
11 grant recipient may be utilized for startup costs. Under no
12 circumstance shall funding for startup costs result in an increase
13 in the grant recipient's total funding above the approved grant
14 amount.
15 (d) For each year of the grant, the department shall award the
16 total grant amount for that year not later than 30 days after the
17 date the grantee accepts the grant.
18 SEC. 10. Section 8483.75 of the Education Code is amended
19 to read:
20 8483.75. (a) (1) (A) Eve-Py Each school that establishes a
21 before school program component pursuant to Section 8483.1-o€
22 this aftiele is eligible to receive a three year renewable ineentive
23 direct grant, that shall be awarded in three one-year increments
24 and is subjeet to annual reporting and reeeftifieation as requir
25 by the department, for either of the following, as seleeted by th
26 sehael=. Those grants shall be awarded by the Superintendent
27 under this section.
28 (i) Up to three dallars and thifty three eents ($3.33) per day
29 program, if
30 elementarr, middle, or juttier high sehool. Per pupil
31 reimbersement rates shall be redtteed an a prorated basis f6r
32 those programs whieh operate f6r less than two hottfs per regulaf
33 sehaelday. The rate shall be determined by multiplying 3.33 by
34 the fraetion represented by dividing the minutes of aperation pe-r
35 day by 129.
36 (ii) Thfee dollars and thirty three een4s ($3.33) per pupil
37
38 reirnbuirsement of sixteen dollars and sixty five eents ($16.65)
39 per pupil per week, if the program serves ptipils in middle o
40 junior high sehool. To reeeive reimbursement purstia"t to this
97
i
i
i
1
it
SB 638 —14-
1 subparagraph, t_�e M! grafn administrator shall apply to an
2 4 afm�ally'
3 the Superintendent sfiall be based on program results.
4 (B) The maximum total grant amount awarded annually
5 pursuant to this paragraph shall be twenty five thottsand doffars
6 ($25,000) thirty-seven thousand five hundred dollars ($37,500)
7 for each regular scliool year for each elementary school and
8 forty-nine thousand
9 dollars ($49,000) for each regular school year for each middle or
10 junior high school.
11 (C) The Superintendent shall determine the total annual direct
12 grant amount for which a site is eligible based on a formula of
13 five dollars ($5) per pupil per day that the program plans to
14 serve, with a maximum total grant of twenty-five dollars ($25)
15 per projected pupil per week.
16 (2) For large schools, the maximum total grant amounts
17 described in paragraph (1) may be increased based on the
18 following formulas, up to a maximum amount of twice the
19 respective limits specified in paragraph (1):
20 (A) For elementary schools, multiply fifty dollars ($50)by the
21 number of pupils enrolled at the schoolsite for the normal
22 schoolday program that exceeds 600.
23 (B) For middle schools, multiply fifty dollars ($50) by the
24 number of pupils enrolled at the schoolsite for the normal
25 schoolday program that exceeds 900.
26 (3) A school that establishes a program pursuant to this article
27 is eligible to receive a supplemental grant to operate the program
28 during any combination of summer, intercession, or vacation
29 periods for a maximum of the lesser of the following atnotmts: 30
30 percent of the total grant amount awarded to the school per
31 school year under this subdivision.
32
(A) Thiree dellafs and thi" three eents ($3.33) per day pet-
33
34 (B) Thifty pefeent of t+te total grant amomit awarded to the
35 sehool per seheal year pursttant to this subdivisiott.
36 (4) Each program shall provide an amount
37 of cash or in-kind locales funds equal to not less than
38 one-third of the total grant from the school district, governmental
39 agencies, community organizations, or the private sector4or-eaek
40 Neither `eilities no Facilities or
97
i
i
i
I
15— SB 638
1 space usage may fulfill not more than 25 percent of the mateh
2 requir-emen required local contribution.
3 (5) (A)
4 A grantee may allocate up to 125 percent of the maximum total
5 grant amount for an individual school, so long as the maximum
6 total grant amount for all school programs administered by the
7 program grantee is not exceeded.
8 (B) In order to be eligible for --=-went renewal, a
9 program grantee that transfers funds for purposes of
10 administering a program established pursuant to this article shall
11 have an established waiting list for enrollment, and may transfer
12 only from another school program that has met a minimum of 70
13 percent of its attendance goal.
14 (b) The administrator of a program established pursuant to this
15 article may supplement, but not supplant, existing funding for
16 before school programs with grant funds awarded pursuant to this
17 article. State categorical funds for remedial education activities
18 shall not b used to make the required
19 contribution of local funds for those before school programs.
20 (c) Up to 15 percent of the initial year's grant amount for each
21 grant recipient may be utilized for startup costs. Under no
22 circumstance shall funding for startup costs result in an increase
23 in the grant recipient's total funding above the approved grant
24 amount.
25 (d) For each year of the grant, the department shall award the
26 total grant amount for that year not later than 30 days after the
27 date the grantee accepts the grant.
28 SEC. IL Section 8484 of the Education Code is amended to
29 read:
30 8484. As required by the
31 department, programs established pursuant to this article shall
32 submit annual outcome based data for evaluation, including
33 measures for academic performance, attendance, and positive
34 behavioral changes.
35
36 renewal. These measures may include, but are not limited to,
37 teacher and surveys, homework completion rates, California
38 Healthy Kids survey data, and other indicators of youth
39 resiliency. In determining eligibility for grant renewal, the
40 department shall consider the program's contributions to each
97
i
I
i
SB 638 —16-
1
1 participant's success in school, behavioral outcomes, and
2 readiness to learn.
3 SEC. 12. Section 8484.8 of the Education Code is amended to
4 read:
5 8484.8. In accordance with Part B of Title IV of the federal
6 No Child Left Behind Act of 2001 (P.L. 107-110), funds
7 appropriated in Item 6110-197-0890 of Section 2.00 of the
8 Budget Act of 2002 are available for expenditure as follows, with
9 any subsequent allocations for these purposes to be determined in
10 the annual Budget Act:
11 (a) The amount of one million dollars ($1,000,000) shall be
12 available to the department for purposes of providing technical
13 assistance, evaluation and training services, for carrying out
14 programs related to 21st Century Community Learning Center
15 programs.
16 (b) (1) An amount of up to three mill=__ five L___.,_ed
17 30 percent of the total amount
18 appropriated under this article shall be available for direct
19 grants, in an amount not to exceed twenty-five thousand dollars
20 ($25,000)per site, per year,for after school education and safety
21 programs funded under Section 8483.7 and programs funded
22 under subdivisions (d) and (h), for community learning center
23 programs that serve middle and elementary school pupils for
24 providing equitable access to, and participation in, community
25 learning center programs, according to needs determined by the
26 local community.
27 (2) The department shall determine the requirements for
28 eligibility for a grant under this subdivision, consistent with the
29 following:
30 (A) Consistent with the local partnership approach inherent in
31 Article 22.5 (commencing with Section 8482), grants awarded
32 under this subdivision shall provide supplemental assistance to
33 programs. It is not intended that a grant fund the full anticipated
34 costs of the services provided by a community learning center
35 program.
36 (B) In determining the need for a grant pursuant to this
37 subdivision, the department shall base its determination on a
38 needs assessment and a determination that existing resources are
39 not available to meet these needs, including, but not limited to, a
40 description of how the needs, strengths, and resources of the
97
I
I
i
I
-17— SB 638
1 community have been assessed, currently available resources,
2 and the justification,for additional resources for that purpose.
3 (C) The department shall award grants for a specific purpose,
4 as justified by the applicant.
5 (3) To be eligible to receive a grant under this subdivision, the
6 designated public agency representative for the applicant shall
7 certify that an annual fiscal audit will be conducted and that
8 adequate, accurate records will be kept. In addition, each
9 applicant shall provide the department with the assurance that
10 funds received under this subdivision are expended only for those
11 services and supports for which they are granted.The department
12 shall require grant recipients to submit annual budget reports,and
13 the department may withhold funds in subsequent years if direct
14 grant funds are expended for purposes other than as awarded.
15 (c) Up t two percent of the
16 total amount appropriated under this article shall be available
17 for direct grants of up to twenty thousand dollars ($20,000) per
18 site, per year, for providing family literacy services only to those
19 schoolsites that identify such a need for families of 21st Century
20 Community Learning Center program pupils, and that
21 demonstrate a fiscal hardship by certifying that existing resources
22 including, but not limited to, funding for Title III of the No Child
23 Left Behind Act of 2001,Chapter 3 (commencing with Section
24 300) of Part 1, adult education, community college, and the
25 federal Even Start Program are not available or are insufficient to
26 serve these families. An assurance that the funds received under
27 this subdivision are expended only for those services and
28 supports for which they were granted shall be required.
29 (d) GF Up to 30 percent of the total amount appropriated
30 under this article shall be allocated on a priority basis for direct
31 grants to community learning centers serving high school pupils,
32 and the remaining funds in Item 6110-197-0890 of Section 2.00
33 of the Budget Act of 2002, two ntillion five hundred thott-a-a
34 dollars ($2,�00,000) shall be allaeated an a priority basis Ryr
35 grants to eammunity leaming eenter programs serving high
36 sehool pupils, aftd the remainder ofthis arnount shall be allocated
37 on a priority basis for community-based programs for middle and
38 elementary school pupils.
39 (e) Grant awards under this section shall be restricted to those
40 applications that propose primarily to serve pupils that attend
97
SB 638 —18-
1 schoolwide programs, as described in Title I of the No Child Left
2 Behind Act of 2001. Competitive priority shall be given to
3 applications that propose to serve children and youth in schools
4 designated as being in need of improvement under subsection (b)
5 of Section 6316 of Title 20 of the United States Code, and that
6 are jointly submitted by school districts and community-based
7 organizations.Applications to serve pupils in programs that have
8 received grants under Article 22.5 (commencing with Section
9 8482) shall be funded only when proposing to expand in
10 additional sites or to add pupils to a currently funded site.
11 (f) (1) Core funding grants for programs serving middle and
12 elementary school pupils in before and after school programs
13 shall be allocated -yrs `mss under subparagraph (C) of
14 paragraph (1) of, and paragraphs (4), (5), and (6) of, Section
15 8483.7.
16 (A) For after sehool pmgrants, seven dollars an4 fifty een
17 ($7.50) per pupil, per 4ar, up to a maxitrmm grant of ofte
18 +mndred twelve thettsand five Itundred dollars for
19
20
21 year for eaeh fnid4le or juttior high sehool.
22 (B) For before sehool programs,five dollars($5)per pupil,per
23 dar. up to a grant of thirty seven thottsand five
24
25 elementafy sehool, am4 forty nine thousatt4 dollars ($49,000)
26 eaeh regular sehool year for eaeh middle or juttior high sehool.
27 (2) For an after sehool eompanent of a program,the maxitymm
28 tatal grant amoent 4eseribed in subparagraph (2k) of paragraph
29 (1) may be ittereased op to a unt of twiee the
30
31 with the fellawinr.
32 (A) For elementafy sehools, one hundred thirteen dollars
33 ($113) per pttpil, only ".r eae' that exeeeds 699 pupils
34 enfalled at the sehoolsite for the normal sehoolday program.
35 (B) For middle sehools, one hundred thifteen dollars ($113)
36 per pupil, only for etteh pupil that exeeeds 900 pupils enfolled a
37 the sehoolsite for the nomal sehoolday pfogratft-.
38 (3) For a before seheal eomponent of a program, the
39
40 paragraph (1) may be inereased up to a inaxitnum amount ef
97
I
—19— SB 638
1 twiee the resp-pfii L 1,1494'R Rig-eified in that subparagraph, in
2
with 4.e fbilowing-
3 (A) For eleme7�7_!e�hools, seventy five dollars ($75) per
4
5 sehoolsite for the ftermal seheoiday program.
6 (B) For middle sehools, seventy five dallars (S75) per pepil;
7 ottly for eaelt ptipil that exeeeds 900 pupils enrolled at
8 sehealsite for the normal sehoo day program.
9
10 program pursttant to this artiele is eligible to reeeive -a
11 seppletnental grant to operate the program dttring any
12
13
14 .
15 (B) Thitty pereent of the total grant amotmt awarded to th-c�
16 .
17 (5) A seheal that establishes a before sehool eomponent of-ft
18 program pttrsttant to this artiele is eligible to reeeive -tt
19 sttpplernental grant to operate the prograyn dth-ing any
20 eambination of summer, inter I [ion periods for it
21
maximum of the lesser of the following amounts-
22 .
23 (B) Thirty pereent of the total grant amottitt awarded to the
24 .
25 (6) (A) The depatiment may reimburse a pfogram grantee foF
26
27 individual sehool, so long as the maximum total grant atnottM for
28 all sehool programs administered by the pregram gf:antee is not
29 exeeeded.
30 (B) Ift order to be eligible for reimbursement, a program
31 grantee that batTaws funds for putposes of administering-a
32 prografn established pursuant to this aftiele shall have an.
33
34 another program grantee that has met a mittimum of 70 pere
35 of its attendatte. goal.
36 (-7)
37 (2) (A) Funding for a grant shall be allocated in annual
38 increments for a period not to exceed five years. The department
39 shall notify new grantees, whose grant awards are contingent
40 upon the appropriation of funds for those grants, in writing no
97
i
I
I
SB 638 —20-
1
20-1 later than June 15 of each year in which new grants are awarded.
2 A first year grant award shall be made no later than 60 days after
3 enactment of the! annual Budget Act and any authorizing
4 legislation. A grant award for the second and subsequent fiscal
5 years shall be made no later than 30 days after enactment of the
6 annual Budget Act and any authorizing legislation. The grantee
7 shall notify the department in writing of its acceptance of the
8 grant.
9 (B) For-4te-first each year of a grant, the department shall
10 allaeale 15 pereent of the grant award the total grant amount for
11 that year no later than 30 days after the grantee accepts the grant.
12 For the seeend atid subseque"t years of the grant, the depttr"eW
13 shall alloeate 15 pereettt of the gremt for that year no later than 30
14
15
16 and need not be earned thfough pupil attendanele.
17 (G) in addition to the funding alloeated pttrsttant to
18 s4pamgraph (B), ttp to 15 pereent of the initial athydal grant
19
20
21 atte e.
22 ($)
23 (C) Under no circumstance shall funding made available
24 under subparagraph (B)
25 result in an increase in the total funding of a grantee above the
26 approved grant amount.
27 (F) Payments to a grantee shall be based an quarterly pupi4
28 attendanee and expendifffe reports, as required by t
29 department. if a report is sebmitted to the depaAment in a timely
30 tnaFfften, payments to a grantee based an that report shall
31 issued wi4iin 30 days if its reeeipt-.
32 (8)
33 (3) A grantee shall identify the federal, state, and local
34 programs that will be combined or coordinated with the proposed
35 program for the most effective use of public resources, and shall
36 prepare a plan for continuing the program beyond federal grant
37 funding.
38 (4)
97
I
l
l
-21— SB 638
1 (4) A grantee shall submit annual attendance data and results
2 to facilitate evaluation and compliance in accordance with
3 provisions established by the department.
4 (40) A prog'17=77!�rant under this sttbdivisioit is nc�t
5 assttred of gr—ant ... ftttufe state or Federal Rmding at
6
7 (g) A total annual grant award for core funding and direct
8 grants for a site serving elementary or middle school pupils shall
9 be fifty thousand dollars ($50,000) per year or more, consistent
10 with federal requirements.
11 (h) Grants for programs serving high school pupils at
12 schoolsites or sites of other organizations, as determined to be
13 eligible by the department and consistent with the provisions of
14 the 21 st Century Community Learning Centers program, shall be
15 available as an annual minimum grant of fifty thousand dollars
16 ($50,000) per year. Grant funding above the minimum shall be
17 determinedin proportion to the average daily attendanee of the
18 high sehool progmm site or sites to be served and othe by factors
19 including, but not limited to, proposed attendance and effective
20 use of resources as determined by the department up to two
21 hundred fifty thousand dollars ($250,000) per year for five years.
22 A grantee that establishes a high school program pursuant to this
23 subdivision shall be subject to annual reporting and
24 recertification as required by the department. After the second
25 year, the department shall reduce funding of programs in which
26 actual attendance is significantly below proposed attendance
27 levels. An evaluation of the program funded pursuant to this
28 subdivision shall be submitted no later than 180 days after the
29 completion of the second year of the program. The department
30 shall provide the results of that evaluation and work with the
31 Legislature, the Department of Finance, program providers, and
32 other interested parties to adopt or restructure a high school after
33 school program for California that is both programmatically and
34 fiscally sound. Grantees shall be eligible for fourth and fifth year
35 funding consistent with the restructured requirements. Each
36 grantee shall be required to identify the federal, state, and local
37 programs that will be combined or coordinated with the proposed
38 program for the most effective use of public resources and to
39 describe a plan for continuing the program beyond federal grant
40 funding. Grantees shall be required to submit annual attendance
97
i
i
i
i
SB 638 —22-
1
22-1 data results to facilitate evaluation and compliance with
2 provisions established by the department. Programs receiving
3 grants under this subdivision are not assured of grant renewal
4 from future state or federal funding at the conclusion of the grant
5 period.
6 (i) Notwithstanding any other provision of law, and contingent
7 upon the availability of funding, the department may adjust the
8 core grant cap of any grantee based upon one or both of the
9 following:
10 (1) Amendments made to this section by the aet that_dde
11 sabdivisio chapter 555 of the statutes of 2005.
12 (2) The demonstrate historieal earning pupil attendance
13 pattern of the grantee. If an adjustment based upon the
14 demonstrated pupil attendance pattern of the
15 grantee results in a reduction, that adjustment shall be based upon
16 at least two years of historical earning pupil attendance pattern
17 data for the affected grantee.
18 0) Funds received but unexpended under this article may be
19 carried forward to subsequent years consistent with federal
20 requirements. In year one, the full grant may be retained.
21 (k) If funds remain after all of the priority allocations required
22 under subdivisions (b), (c), and (d) have been made, the
23 department may use that money to fund additional qualified
24 grant applications under those provisions, in order to ensure that
25 all federal funds received for these purposes are expended for
26 these purposes.
27 (kk -
28 (1) This article shall be operative only to the extent that
29 federal funds are made available for the purposes of this article.
30 It is the intent of the Legislature that this article not be
31 considered a precedent for general fund augmentation of either
32 the state administered, federally funded program of this article,or
33 any other state funded before or after school program.
34 SEC. 13. The Legislature finds and declares that this act
35 furthers the purposes of the After School Education and Safety
36 Program Act of 2002.
37 SEC. 14. The costs incurred as a result of the amendments to
38 the After School Education and Safety Program Act of 2002
39 made by this act shall be funded only from appropriations made
40 under Section 8483.5 of the Education Code.
�II
97
it
i
-23— SB 638
1
2 All matter omitted in this version of the bill
3 appears in:; the bill as amended in the
4 Assembly, 06/02/05 (JR11)
5
O
97
,I