California Assembly Bill AB2615 Amended / Bill

 BILL NUMBER: AB 2615AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 18, 2016 INTRODUCED BY Assembly Member Wood FEBRUARY 19, 2016 An act to amend  Section 8483   Sections 8423, 84726, 8483.3,   8483.7, and 8484  of the Education Code, relating to after school programs. LEGISLATIVE COUNSEL'S DIGEST AB 2615, as amended, Wood. After school programs.  Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program, under the administration of the State Department of Education, and requires a high school after school program, established as specified, to consist of an academic assistance element and an enrichment element that include certain things. Existing law requires applicants for grants to ensure that certain requirements are fulfilled. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of the state.   This bill would define "urban and rural areas" and "northern, southern, and central California" for purposes of that provision requiring, to the extent possible, equitable distribution of grant awards across the state. The bill would authorize the department to withhold or terminate the grant allocation of any site or program that does not comply with specified reporting requirements.  Existing law 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 states that 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 9 hours a week and 3 days a week to accomplish program goals.   schools, as specified. Existing law requires, to the extent possible, the selection of applicants by the department to result in an equitable distribution of grant awards to applicants in northern, southern, and central California and in urban, suburban, and rural areas of California. Existing law authorizes the department to terminate the grant of any site or program that does not comply with specified reporting requirements.   This bill would instead state that it is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which the pupils participate.   This bill would also authorize the department to withhold the grant allocation of any site or program that does not comply with these reporting requirements and would add audit resolutions to the list of these reporting requirements. The bill would define "urban and rural areas" and "northern, southern, and central California" for purposes of the provision requiring, to the extent possible, equitable distribution of grant awards across California.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 8423 of the   Education Code   is amended to read:  8423. (a)  (1)    The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state.  (2) For purposes of paragraph (1), the following terms shall have the following meanings:   (A) "Central California" means California County Superintendents Educational Services Association regions five to eight, inclusive.   (B) "Northern California" means California County Superintendents Educational Services Association regions one to four, inclusive.   (C) "Southern California" means California County Superintendents Educational Services Association regions 9 to 11, inclusive.   (D) "Urban and rural areas" shall be as defined by the United States Census Bureau.  (b) The department shall consider the following criteria in awarding grants: (1) Strength of the educational element and coordination with state academic standards, preparation for the high school exit examination, and other academic interventions. (2) Strength of the enrichment element. (3) Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools. (4) A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement. (5) A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest. (6) A description of plans to attract pupils, particularly pupils considered at risk or in need of academic support, on a regular basis. (c) The application shall certify all of the following: (1) Completion of an assessment of pupils' preferences for program activities. (2) Access to, and availability of, computers and technology. (3) Inclusion of a nutritional snack, meal, or both, and a physical activity element. (4) That the program will meet all of the evaluation requirements. (5) Fiscal accountability. (6) Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness.  SEC. 2.   Section 8426 of the   Education Code   is amended to read:  8426. (a) (1) A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants. (2) The department shall notify new grantees of their award status and dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant. (3) A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. (b) The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department. (c) (1) Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following: (A) The grantee's indirect cost rate, as approved by the department for the appropriate fiscal year. (B) Five percent of the state program funding received pursuant to this article. (2) In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first year's annual grant award for each after school grant recipient may be used for startup costs. (3) Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount. (d) Grantees are subject to semiannual attendance reporting during each year of the grant. (1) The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions: (A) If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant. (B) If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427. (2) If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee. (3) The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years. (4) In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate. (e) Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements: (1) Demonstrate program outcomes pursuant to Section 8427. (2) Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department. (f) 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. (g) (1) The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. (2) In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department. (3) All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils. (h) When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.  (i) The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.   SEC. 3.   Section 8483.3   of the   Education Code   , as amended by Section 14 of Chapter 370 of the Statutes of 2014, is amended to read:  8483.3. (a) The department shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. It is the intent of the Legislature that the manner prescribed by the department, to the extent possible, allow for short and concise applicant responses.  To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards pursuant to Section 8483.7 to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of California.  (b) The department shall consider the following in selecting schools to participate in the program established pursuant to this article: (1) Percentage of pupils eligible for free and reduced-price lunch. (2) Other indicators of need for the program, including, but not limited to, socioeconomic status of the neighborhoods in which participating pupils reside, the percentage of English language learners at the school, and the availability of programs in the community in which participating pupils reside. (c) The application shall certify all of the following: (1) Inclusion of an educational element. (2) Inclusion of an enrichment element. These opportunities may include arts, career technical education, recreation, technology, and other activities to support positive youth development. (3) That the program will provide a safe physical and emotional environment, opportunities for relationship building, and promote active pupil engagement. (4) Staff training and development will be provided. (5) Integration with the regular schoolday and other expanded learning opportunities. (6) Community collaboration, including, but not limited to, demonstrated support of the schoolsite principal and staff. (7) Opportunities for physical activity. (8) Inclusion of a nutritional snack, meal, or both. (9) Fiscal accountability. (10) Availability of required local matching funds. (11) That the program will meet all of the evaluation requirements. (12) Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school-connectedness. (d) Subdivision (b) does not apply to an applicant school that meets the priority criteria described in subdivision (a) of Section 8482.5.  SEC. 4.   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 after school 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  withhold or  terminate the grant  allocation of any site or program that does not comply with  audit resolutions,  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   required by the  department. (vii) Notwithstanding any other provision of this subdivision or any other law, after the technical assistance required under clause (i) has been provided, the department may at any time terminate the grant of a 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) After school 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 after school 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 after school 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) The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays. (5) A school that establishes a program pursuant to this section is eligible to receive a summer 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). (C) Notwithstanding subparagraphs (A) and (B), the maximum total summer grant that may be awarded annually pursuant to this paragraph shall be thirty-three thousand seven hundred fifty dollars ($33,750) for each regular school year for each elementary school and forty-five thousand dollars ($45,000) for each regular school year for each middle or junior high school. (6) Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services. (7) 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. (8) (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. (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 used 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. 5.   Section 8484 of the   Education Code   is amended to read:  8484. (a) As required by the department, programs established pursuant to this article shall submit annual outcome-based data for evaluation. The department may consider these outcomes when determining eligibility for grant renewal. (1) To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers, for participating pupils who are unduplicated pupils, both of the following: (A) Schoolday attendance on an annual basis. (B) Program attendance on a semiannual basis. (2) Programs shall submit evidence of a data-driven program quality improvement process that is based on the department's guidance on program quality standards developed pursuant to paragraph (3). (3) The department may develop additional measures for this  subdivision   subdivision,  including, but not limited to, program quality standards. Additions shall be developed in consultation with the evaluation committee of the advisory committee. (4) Programs shall submit information adopted through the process outlined in subdivision (c). (b) (1) If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program as described in subdivision (a) of Section 8483.7. The department shall consider multiple outcomes and not rely on one outcome in isolation. (2) For purposes of this section, "consistently fails to demonstrate measurable program outcomes" means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a). (3) Measurable program outcomes may be demonstrated by, but are not limited to, comparing pupils participating in the program to nonparticipating pupils at the same schoolsite. (c) The department shall develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a). The department shall consult with the evaluation committee of the Advisory Committee on Before and After School Programs pursuant to Section 8484.9.  (d) (1) To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of the state.   (2) For purposes of paragraph (1), the following terms shall have the following meanings:   (A) "Central California" means California County Superintendents Educational Services Association regions five to eight, inclusive.   (B) "Northern California" means California County Superintendents Educational Services Association regions one to four, inclusive.   (C) "Southern California" means California County Superintendents Educational Services Association regions 9 to 11, inclusive.   (D) "Urban and rural areas" shall be as defined by the United States Census Bureau.   SECTION 1.   Section 8483 of the Education Code is amended to read: 8483. (a) (1) Every after school component of a program established pursuant to this article shall commence immediately upon the conclusion of the regular schoolday, and operate a minimum of 15 hours per week, and at least until 6 p.m. on every regular schoolday. Every after school component of the program shall establish a policy regarding reasonable early daily release of pupils from the program. For those programs or schoolsites operating in a community where the early release policy does not meet the unique needs of that community or school, or both, documented evidence may be submitted to the department for an exception and a request for approval of an alternative plan. (2) It is the intent of the Legislature that elementary school and middle school or junior high school pupils participate in the full day of the program every day during which pupils participate. (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.