BILL NUMBER: SB 898INTRODUCED BILL TEXT INTRODUCED BY Senator Ashburn JANUARY 26, 2010 An act to amend Sections 8483.7 and 8483.75 of the Education Code, relating to after school programs. LEGISLATIVE COUNSEL'S DIGEST SB 898, as introduced, Ashburn. After School Education and Safety Program. The After School Education and Safety Program Act of 2002, enacted by Proposition 49, an initiative measure, 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 requires funds to be continuously appropriated to the State Department of Education from the General Fund for purposes of the program pursuant to a specified formula. Existing law specifies that each school that establishes a program pursuant to the act is eligible to receive a 3-year direct grant if certain requirements are met. The Superintendent of Public Instruction is required to determine the total annual grant amounts for participating schools pursuant to a formula that specifies a maximum per-pupil amount for pupils attending a participating school's program. This bill, notwithstanding those limits, would establish a minimum total direct grant amount for small schools, as specified. Existing law authorizes the Legislature to amend the act to further its purposes by statute, passed in each house by a majority vote of the membership concurring and signed by the Governor, except as specified. This bill would set forth a finding and declaration that the proposed amendments further the purposes of the 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 8483.7 of the Education Code is amended to read: 8483.7. (a) (1) (A) Each school that establishes a program pursuant to this article is eligible to receive a three-year direct grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years. (i) The department shall provide technical support for development of a program improvement plan for grantees under the following conditions: (I) If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant. (II) If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484. (ii) The department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years. (iii) In any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate. (iv) The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant. (v) A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision. (vi) The department may terminate the grant of any site or program that does not comply with fiscal reporting, attendance reporting, or outcomes reporting requirements established by the department and pursuant to Section 8484. The department may withhold the grant allocation for a program or site if the prior grant year's fiscal or attendance reporting remains outstanding, until the reports have been filed with the department. (vii) Notwithstanding any other provision of this subdivision or any other provision of law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of any school in a program that fails for three consecutive years to meet either of the following requirements: (I) Demonstrate measurable program outcomes pursuant to Section 8484. (II) Attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department. (B) Direct grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs. (C) The maximum total direct grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual direct grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50) per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award. (2) For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1): (A) For elementary schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600. (B) For middle schools, multiply one hundred thirteen dollars ($113) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900. (3) The maximum total grant amounts set forth in subparagraph (C) of paragraph (1) may be increased from any funds made available for this purpose in the annual Budget Act for participating schools that have pupils on waiting lists for the program. Grants may be increased by the lesser of an amount that is either 25 percent of the current maximum total grant amount or equal to the proportion of pupils unserved by the program as measured by documented waiting lists as of January 1 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55. (4) A school that establishes a program pursuant to this section is eligible to receive a supplemental grant to operate the program in excess of 180 regular schooldays or during any combination of summer, intersession, or vacation periods for a maximum of the lesser of the following amounts: (A) Seven dollars and fifty cents ($7.50) per day per pupil. (B) Thirty percent of the total grant amount awarded to the school per school year pursuant to subparagraph (C) of paragraph (1). (5) Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution. (6) (A) A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded. (B) A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal. (7) Notwithstanding the per-pupil formulas specified in subparagraph (C), the minimum total direct grant amount awarded annually pursuant to this paragraph for small schools is as follows: (A) For each elementary, middle, or junior high school in which the number of pupils enrolled for the normal schoolday program is at least 30 but not more than 74 pupils, the minimum total direct grant amount awarded annually shall be fifty thousand dollars ($50,000), provided that the target number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, is at least one-half of the number of pupils enrolled at the schoolsite for the normal schoolday program, but not less than 20 pupils. (B) For each elementary, middle, or junior high school in which the number of pupils enrolled for the normal schoolday program is less than 30 pupils, the minimum total direct grant amount awarded annually shall be thirty thousand dollars ($30,000), provided that the target number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, is at least two-thirds of the number of pupils enrolled at the schoolsite for the normal schoolday program, but not less than 10 pupils. (b) The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those after school programs. (c) Up to 15 percent of the initial year's grant amount for each grant recipient may be utilized for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipient's total funding above the approved grant amount. (d) For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant. (e) The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department. SEC. 2. Section 8483.75 of the Education Code is amended to read: 8483.75. (a) (1) (A) Each school that establishes a before school program component pursuant to Section 8483.1 is eligible to receive a three year renewable direct grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and renewal as required by the department. Before school programs established pursuant to this section shall be subject to the same reporting and accountability provisions described in subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7. (B) The maximum total grant amount awarded annually pursuant to this paragraph shall be thirty-seven thousand five hundred dollars ($37,500) for each regular school year for each elementary school and forty-nine thousand dollars ($49,000) for each regular school year for each middle or junior high school. (C) The Superintendent shall determine the total annual direct grant amount for which a site is eligible based on a formula of five dollars ($5) per pupil per day that the program plans to serve, with a maximum total grant of twenty-five dollars ($25) per projected pupil per week. (D) Notwithstanding subparagraph (C), the minimum total grant awarded annually pursuant to this paragraph for each regular school year for each elementary, middle, or junior high school in which the number of pupils enrolled for the normal schoolday program is less than 30 pupils shall be sixteen thousand five hundred dollars ($16,500), provided that the targeted number of pupils to be served, as established pursuant to paragraph (9) of subdivision (f) of Section 8482.3, is equal to at least two-thirds of the number of pupils enrolled at the schoolsite for the normal schoolday program. (2) For large schools, the maximum total grant amounts described in paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1): (A) For elementary schools, multiply seventy-five dollars ($75) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600. (B) For middle schools, multiply seventy-five dollars ($75) by the number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 900. (3) A school that establishes a program pursuant to this article is eligible to receive a supplemental grant to operate the program in excess of 180 schooldays during any combination of summer, intersession, or vacation periods for a maximum of 30 percent of the total grant amount awarded to the school per school year under this subdivision. (4) Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution. (5) (A) The department may award up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded. (B) A program grantee that is awarded funds pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may receive funds only from another school program that has met a minimum of 70 percent of its attendance goal. (b) The administrator of a program established pursuant to this article may supplement, but not supplant, existing funding for before school programs with grant funds awarded pursuant to this article. State categorical funds for remedial education activities shall not be used to make the required contribution of local funds for those before school programs. (c) Up to 15 percent of the initial year's grant amount for each grant recipient may be utilized for startup costs. Under no circumstance shall funding for startup costs result in an increase in the grant recipient's total funding above the approved grant amount. (d) For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant. SEC. 3. The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.