MEASURE :  A.B. No. 298
AUTHOR(S) :  Steinberg.
TOPIC :  After School Learning and Safe Neighborhoods
 Partnerships Program.
HOUSE LOCATION :  ASM
+LAST AMENDED DATE  :  05/09/2001
 

TYPE OF BILL :
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  05/31/2001
LAST HIST. ACTION   :  In committee:  Set, second hearing.  Held under
 submission.
COMM. LOCATION :  ASM APPROPRIATIONS
COMM. ACTION DATE   :  05/31/2001
COMM. ACTION :  Set, second hearing.  Held under submission.

TITLE :  An act to amend Sections 8482.3, 8482.5, 8482.8, 8483,
 8483.3, 8483.4, 8483.7, 8483.8, 8483.9, and 8484.6 of,
 the Education Code, relating to after-school programs.
 

BILL NUMBER: AB 298 AMENDED
 BILL TEXT

 AMENDED IN ASSEMBLY  MAY 9, 2001
 AMENDED IN ASSEMBLY  APRIL 30, 2001

INTRODUCED BY   Assembly Member Steinberg

                        FEBRUARY 16, 2001

   An act to amend Sections 8482.3, 8482.5, 8482.8, 8483, 8483.3,
8483.4, 8483.7, 8483.8, 8483.9, and 8484.6 of, the Education Code,
relating to after school programs.
 

 LEGISLATIVE COUNSEL'S DIGEST
 

   AB 298, as amended, Steinberg.  After School Learning and Safe
Neighborhoods Partnerships Program.
   Existing law provides for the After School Learning and Safe
Neighborhoods Partnerships Program for the purpose of creating
incentives for establishing locally driven after-school enrichment
programs that partner schools and communities to provide academic and
literacy support and safe, constructive alternatives for youth.
   This bill would state that it is the intent of the Legislature to
expand opportunities for schools and communities to partner to
provide more After School Learning and Safe Neighborhoods
Partnerships Programs.  For this purpose, the bill would permit these
programs to be conducted at a location off the schoolsite, operated
during extended hours, and would increase renewable incentive grant
amounts.  The bill would also prescribe staffing requirements for the
education component of the program.
   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.  The Legislature finds and declares all of the
following:
   (a) The need for safe and academically enriching places for pupils
during the critical after school hours is clear.  It is during these
hours that children are most likely to:
   (1) Commit or become victims of crime.
   (2) For children age 16 and 17, be in or cause a car crash.
   (3) Suffer unintentional injuries.
   (4) Experiment and become hooked on cigarettes, alcohol, or
illegal drugs.
   (5) Engage in sexual intercourse, resulting in unplanned
pregnancies and sexually transmitted diseases.
   (b) After school programs improve academic performance and help
children and youth avoid high risk and dangerous situations that can
occur during unsupervised time.  Research shows that children and
youth that attend high quality after school programs have better peer
relations, grades, and conduct in school compared to classmates who
do not attend after school programs.
   (c) Current programs serve only a fraction of the children in
need, who are estimated to number from between 700,000 to 1,500,000
youth. Approximately 2,500 schools that are eligible to have 50
percent or more of their pupils receive free and reduced price meals
are not receiving after school program services.
   (d) There is overwhelming public support for after school
programs, with 9 out of 10 voters agreeing that children and youth
should have some kind of organized activity or place to go everyday
after school.  This level of support remained constant regardless of
whether those questioned have children at home, children that are
currently enrolled in after school programs, or are home for their
children after school.
  SEC. 2.   (a) It is the intent of the Legislature to expand
opportunities for schools and communities to partner to provide more
After School Learning and Safe Neighborhoods Partnerships Programs.
   (b) It is further the intent of the Legislature, recognizing the
urgent need for and benefits of after school programs, to increase
programming support to accommodate 100,000 additional children and
youth on an annual basis, beginning in 2001-02.
  SEC. 3.  Section 8482.3 of the Education Code is amended to read:
   8482.3.  (a) The After School Learning and Safe Neighborhoods
Partnerships Program shall be established to serve pupils in
kindergarten and grades 1 to 9, inclusive, at participating
elementary, middle, junior high, and charter  schools.
   (b) A program may operate on one or multiple  sites.  If a program
operates at multiple schoolsites, only one application shall be
required for its establishment.
   (c) An after school program established pursuant to this article
shall consist of the following two components:
   (1) An educational and literacy component whereby tutoring or
homework assistance is provided in one or more of the following
areas:  language arts, mathematics, history and social science, or
science.
   (2) A component whereby educational enrichment, which may include,
but need not be limited to, recreation and prevention activities, is
provided.
   (d) Applicants for programs established pursuant to this article
may include any of the following:
   (1) A local education agency, including a charter school.
   (2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local education agency or agencies.
   (e) Applicants for grants pursuant to this article shall ensure
that each of the following requirements is fulfilled, if applicable:

   (1) The application documents the commitments of each partner to
operate a program on that  site or sites.
   (2) The application has been approved by the school district and
the principal of each partnering schoolsite.
   (3) Each partner in the application agrees to share responsibility
for the quality of the program.
   (4) The application designates the public agency or local
education agency partner to act as the fiscal agent.  For purposes of
this section, "public agency" means only a county board of
supervisors or, where the city is incorporated or has a charter, a
city council.
   (5) Applicants agree to follow all fiscal reporting and auditing
standards required by the State Department of Education.
  SEC. 4.  Section 8482.5 of the Education Code is amended to read:
   8482.5.  (a) Priority for funding programs established pursuant to
this article shall be given to schools where a minimum of 50 percent
of the pupils in elementary schools and 50 percent 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 of Agriculture.
   (b) Every program established pursuant to this article shall be
planned through a collaborative process that includes parents, youth,
and representatives of participating  sites, governmental agencies,
such as city and county parks and recreation departments, local law
enforcement, community organizations, and the private sector.
  SEC. 5.  Section 8482.8 of the Education Code is amended to read:
   8482.8.  (a) If there is a significant barrier to pupil
participation in a program established pursuant to this article at
the school of attendance, an applicant may request approval from the
Superintendent of Public Instruction, prior to or during the grant
application process, to provide services at another schoolsite or an
agreed upon location off of the schoolsite.  An applicant that
requests approval shall address the manner in which the applicant
intends to provide safe, supervised transportation between
schoolsites; ensure communication among teachers in the pupils'
regular school  of attendance, staff in the after school program, and
parents of pupils; and align the educational and literacy component
of the after school program with participating pupils' regular school
  of attendance.
   (b) For purposes of this article, a significant barrier to pupil
participation in a program established pursuant to this chapter means
either of the following:
   (1) Fewer than 20 pupils participating in the program.
   (2) Extreme transportation constraints, including, but not limited
to, desegregation bussing, bussing for magnet or open enrollment
schools, or pupil dependence on public transportation.
   (3) The applicant determines that the school partner does not have
the capacity to effectively run the program on the schoolsite.
  SEC. 6.  Section 8483 of the Education Code is amended to read:
   8483.  (a) (1) Every after school program established pursuant to
this article shall operate a minimum of three hours a day , five days
a week, from the time school closes until 6 p.m. on every regular
schoolday.  Every program shall establish a policy regarding
reasonable early daily release of pupils from the program.
   (2) It is the intent of the Legislature that elementary school
pupils participate in the full program every day and that pupils in
middle school or junior high school attend three days a week to
accomplish program goals, except when released early in accordance
with the early release policy described in paragraph (1) or as
reasonably necessary.
   (3) In order to develop an age appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
   (b) The administrators of a program established pursuant to this
article shall have the option of operating  either during the regular
school year only (approximately 180 days), or for an extended school
year (approximately 220 days) and shall clarify and justify the days
of operation in the application.  Programs operating for an extended
year may earn up to 30 percent above the maximum funding level per
school.
   (c) If, due to a dismissal of classes on regular schooldays before
3 p.m., programs need to remain open beyond the required three hours
daily, reimbursement for the extended hours may be requested from
the Superintendent of Public Instruction prior to, or during, the
grant application process. Programs may request additional
reimbursement for either three hours or five hours per week beyond
the required 15 hours per week during the entire school year at a
rate of one dollar and sixty-six cents ($1.66) per day, adjusted
annually with a cost-of-living adjustment.  To qualify for extended
hours of operation, pupils must attend regularly and for the full
program.
  SEC. 7.  Section 8483.3 of the Education Code is amended to read:
   8483.3.  (a) The State Department of Education 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.  To the extent possible, the selection
of applicants by the State Department of Education 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 State Department of Education shall consider the following
in selecting schools to participate in the program established
pursuant to this article, with primary emphasis given to items (1)
through (5):
   (1) Strength of the educational component.
   (2) Quality of the educational enrichment component.
   (3) Strength of staff training and development component.
   (4) Scope and strength of collaboration, including demonstrated
support of the schoolsite principal and staff, and provision of
classroom space and multipurpose room space for the after school
program.
   (5) Capacity to facilitate better integration with the regular
schoolday and other extended learning opportunities.  These
opportunities may include arts, recreation, computer use, and other
activities to broaden the pupil's learning experience.
   (6) Inclusion of a nutritional snack.
   (7) Employment of CalWORKs recipients.
   (8) Level and type of local matching funds.
   (9) Capacity to respond to program evaluation requirements.
   (10) Demonstrated fiscal accountability.
   (c) The State Department of Education shall develop reporting
requirements and allocation procedures, including procedures to
reimburse startup costs for programs established pursuant to this
article.
  SEC. 8.  Section 8483.4 of the Education Code is amended to read:
   8483.4.  (a) The administrator of every program established
pursuant to this article shall establish minimum qualifications for
each staff position that, at a minimum, ensure that all staff members
who directly supervise pupils meet the minimum qualifications for an
instructional aide, pursuant to the policies of the school district.

   (b) The education component of every program shall employ or
utilize a combination of credentialed teachers, qualified
paraprofessionals, and may include college work-study students.  The
applicant must demonstrate alignment between the after school
educational component and the pupil's home school of attendance.
This alignment may be accomplished by regularly scheduled meetings
between credentialed teachers and after school staff, the designation
of a credentialed teacher acting as an academic liaison to the
staff, and combined staff development between credentialed teachers
and after school staff.   Credentialed teachers and
paraprofessionals, shall be paid, if applicable, according to terms
prescribed in collective bargaining agreements.
   (c) Paraprofessional instructors shall meet at least one of the
following criteria:
   (1) The paraprofessional instructor is enrolled in a
paraprofessional career ladder program leading to a teaching
credential.
   (2) The paraprofessional instructor has completed a teacher
assistant associate of arts degree.
   (3) The paraprofessional instructor has been successfully assessed
by his or her employing school district to possess demonstrated
competency,  and knowledge   knowledge,
and the necessary skills to provide supervised learning pursuant to
this chapter.
   (4) The minimum qualifications for an instructional aide, pursuant
to the policies of the school district.
   (d) Selection of the after school program site supervisors shall
be subject to the approval of the schoolsite principal.  The
administrator shall also ensure that the program maintains a
pupil-to-staff member ratio of no more than 20 to 1.  All program
staff and volunteers shall be subject to the health screening and
fingerprint clearance requirements in current law and district policy
for school personnel and volunteers in the school district.
  SEC. 9.  Section 8483.7 of the Education Code is amended to read:
   8483.7.  (a) It is the intent of the Legislature that a minimum of
eighty-five million dollars ($85,000,000) be appropriated for the
program established pursuant to this article, through the annual
Budget Act.  Of the funds appropriated for the program, 50 percent
shall be reserved for programs that operate at elementary schools and
50 percent shall be reserved for programs that operate at middle and
junior high schools.  If there are not a sufficient number of
qualified applicants to use all of the funding in one category, the
remaining funds may be used for qualified applicants in the other
category.
   (b) (1) (A) Every school that establishes a program pursuant to
this article is eligible to receive a three year renewable incentive
grant, subject to annual reporting and recertification as required by
the State Department of Education, for either of the following, as
selected by the school:
   (i) Up to five dollars ($5) per day per pupil, adjusted annually
with a cost-of-living adjustment, if the program serves pupils in
elementary, middle, or junior high school.
   (ii) Five dollars ($5) per pupil for each three hours of pupil
attendance, adjusted annually with a cost-of-living adjustment with a
maximum total reimbursement of twenty-five dollars ($25) per pupil
per week adjusted annually with a cost-of-living adjustment, if the
program serves pupils in middle or junior high school.  To receive
reimbursement pursuant to this subparagraph, the program
administrator shall apply to and receive approval annually from the
Superintendent of Public Instruction.  Approval by the Superintendent
of Public Instruction shall be based on program results.
   (B) The maximum total grant amount awarded pursuant to this
paragraph shall be ninety-seven thousand dollars ($97,000) for each
regular school year for each elementary school and one hundred thirty
thousand dollars ($130,000) for each regular school year for each
middle or junior high school.
   (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)  Schools with pupils on waiting lists may apply for additional
funding for those pupils.  The State Department of Education may
grant additional funds after fulfilling grant purposes as set forth
in this section.
   (4) Each program shall provide at least 50 percent cash or in-kind
local matching funds from the school district, governmental
agencies, community organizations, or the private sector for each
dollar received in grant funds. At least 50 percent of the local
matching funds must be cash.  Applicants may count transportation,
staff development, and training provided by their school districts as
part of the cash match.  Applicants may count salaries provided by
any partner as part of the cash match.  Neither facilities nor space
usage may fulfill the match requirement.
   (c) 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 eligible as matching funds for those after school programs.
   (d) 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.

  SEC. 10.  Section 8483.8 of the Education Code is amended to read:

   8483.8.  In any fiscal year, if a program participant receives
state funds to operate an after school program pursuant to this
article that are in an amount in excess of the amount warranted, due
to the program serving fewer pupils than planned, to raising an
inadequate amount of matching funds, or for any other reason, the
State Department of Education shall reduce any subsequent allocations
by an amount equal to that overpayment.  If the program participant
discontinues participation in the program and no allocations are made
after the determination that an overpayment has been made, the State
Department of Education shall take the following action:
   (a) In the case of local education agencies, the State Department
of Education shall bill the agencies for the amount of the
overpayment.  If payment is not received within three months of the
billing invoice date, an amount equal to the amount of the
overpayment shall be withheld from the next principal apportionment
to the agency.
   (b) In the case of entities other than local education agencies,
the State Department of Education shall bill the entities for the
amount of the overpayment, and pursue appropriate legal remedies if
not paid.
   (c) Year one funds awarded to a participating school may be
reallocated by the State Department of Education exclusively to that
participating school in year two if the participating school was
unable to earn the full grant award due to low enrollment while
starting the after school program in year one.
  SEC. 11.  Section 8483.9 of the Education Code is amended to read:

   8483.9.  (a) A program participant receiving funding pursuant to
this article may expend on indirect costs no more than the lesser of
the following:
   (1) The school district's indirect cost rate, as approved by the
State Department of Education for the appropriate fiscal year.
   (2) Five percent of the state program funding received pursuant to
this article.
   (b) A program participant receiving state funding pursuant to this
article may expend no more than 15 percent of that funding on
administrative costs.  For purposes of this section, administrative
costs shall include indirect costs, as described in subdivision (a).
Programs are not required to earn administrative costs through pupil
attendance.
   (c) A program participant receiving state funding pursuant to this
program shall ensure that no less than 85 percent of that funding is
allocated to sites for direct services to pupils.
   (d) A program participant receiving state funding pursuant to this
program shall ensure that funding is allocated to schoolsites in a
manner which guarantees inclusion of children with special needs.
  SEC. 12.  Section 8484.6 of the Education Code is amended to read:

   8484.6.  (a) Programs established pursuant to this article may be
conducted upon the grounds of a community park , recreational
facility, or other approved site .
   (b) An offsite program conducted pursuant to this section shall
comply with all  statutory and  regulatory requirements that
are applicable to similar programs conducted on the schoolsite.