MEASURE :  A.B. No. 6
AUTHOR(S) :  Cardenas (Coauthors: Alquist, Chavez, Correa, Diaz,
 Goldberg, Havice, Keeley, Kehoe, Koretz, Lowenthal, Rod
 Pacheco, Pavley, Salinas, Vargas, Washington, and
 Wiggins) (Coauthors: Senators Kuehl and Perata).
TOPIC :  Before and after school programs.
HOUSE LOCATION :  SEN
+LAST AMENDED DATE  :  08/23/2001
 

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

LAST HIST. ACT. DATE:  08/23/2001
LAST HIST. ACTION   :  From committee chair, with author's amendments:  Amend,
 and re-refer to committee.  Read second time, amended,
 and re-referred to Com. on  APPR.
COMM. LOCATION :  SEN APPROPRIATIONS
COMM. ACTION DATE   :  08/20/2001
COMM. ACTION :  Placed on Appropriations suspense file.
COMM. VOTE SUMMARY  :  Ayes:   13 Noes: 00 PASS

TITLE :  An act to amend Sections 8482.8 and 8483.7 of, to amend
 the heading of Article 22.5 (commencing with Section
 8482) of Chapter 2 of Part 6 of, to add Sections 8483.1,
 8483.2, 8483.5, and 8483.75 to, and to repeal and amend
 Sections 8482, 8482.3, 8482.6, 8483, 8483.4, 8483.8,
 8484, and 8484.3 of, the Education Code, relating to
 before and after instructional day school programs.

BILL NUMBER: AB 6 AMENDED
 BILL TEXT

 AMENDED IN SENATE  AUGUST 23, 2001
 AMENDED IN SENATE  AUGUST 20, 2001
 AMENDED IN SENATE  JULY 2, 2001
 AMENDED IN ASSEMBLY  MAY 31, 2001
 AMENDED IN ASSEMBLY  APRIL 2, 2001
 AMENDED IN ASSEMBLY  FEBRUARY 26, 2001

INTRODUCED BY   Assembly Member Cardenas
   (Coauthors:  Assembly Members Alquist, Chavez, Correa, Diaz,
Goldberg, Havice, Keeley, Kehoe, Koretz, Lowenthal, Rod Pacheco,
Pavley, Salinas, Vargas, Washington, and Wiggins)
   (Coauthors:  Senators Kuehl and Perata)

                        DECEMBER 4, 2000

   An act to amend Sections 8482.8 and 8483.7 of, to amend the
heading of Article 22.5 (commencing with Section 8482) of Chapter 2
of Part 6 of, to add Sections 8483.1, 8483.2, 8483.5, and 8483.75 to,
and to repeal and amend Sections 8482, 8482.3, 8482.6, 8483, 8483.4,
8483.8, 8484, and 8484.3 of, the Education Code, relating to before
and after instructional day school programs.
 
 

 LEGISLATIVE COUNSEL'S DIGEST
 

   AB 6, as amended, Cardenas.  Before and after school programs.
   Existing law establishes the After School Learning and Safe
Neighborhoods Partnership Program to create incentives for
establishing local after school enrichment programs and establishes
maximum grant amounts for participating schools.
   This bill would permit schools to establish before and after
school programs under these provisions, would establish maximum
grants for before and after school programs, and would revise related
funding priorities.
   Existing law, notwithstanding any other provision of law or
regulation, permits a participating program operated by a city,
county, or nonprofit organization to operate for up to 20 hours per
week without obtaining a license or special permit otherwise required
under prescribed provisions of law.
   This bill would increase the authorization to 30 hours per week.
   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.  This act shall be known, and may be cited, as the
Cardenas Working Families Before and After School Program Act.
  SEC. 2.  The heading for Article 22.5 (commencing with Section
8482) of Chapter 2 of Part 6 of the Education Code is amended to
read:

      Article 22.5.  Before and After School Learning and Safe
Neighborhoods Partnerships Program

  SEC. 3.  Section 8482 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 4.  Section 8482 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 5.  Section 8482 of the Education Code, as added by Chapter
320 of the Statutes of 1998, is amended to read:
   8482.  There is hereby established the Before and After School
Learning and Safe Neighborhoods Partnerships Program.  The purpose of
this program is to create incentives for establishing locally driven
before and after school enrichment programs that partner schools and
communities to provide academic and literacy support and safe,
constructive alternatives for youth.
  SEC. 6.  Section 8482.3 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 7.  Section 8482.3 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 8.  Section 8482.3 of the Education Code, as amended by
Chapter 78 of the Statutes of 1999, is amended to read:
   8482.3.  (a) The Before and 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 schoolsites.
   (b) A program may operate a before school component of a program,
an after school component, or both the before and after school
components of a program, on one or multiple schoolsites.  If a
program operates at multiple schoolsites, only one application shall
be required for its establishment.
   (c)  Each component of a 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  for  the
commitments of each partner to operate a program on that schoolsite
or schoolsites.
   (2) The application has been approved by the school district and
the principal of each 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. 9.  Section 8482.6 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 10.  Section 8482.6 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 11.  Section 8482.6 of the Education Code, as added by Chapter
320 of the Statutes of 1998, is amended to read:
   8482.6.  Every pupil attending a school operating a program
pursuant to this article is eligible to participate in the program,
subject to program capacity.  A program established pursuant to this
article is not required to charge family fees or conduct individual
eligibility determination based on need or income.
  SEC. 12.  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 for either the before school or the after
school component, 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 for
that component.  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 regular school program, staff in the before school
and after school components of the program, and parents of pupils;
and align the educational and literacy component of the before and
after school components of the program with participating pupils'
regular school programs.
   (b) For purposes of this article, a significant barrier to pupil
participation in the before or after school component of a program
established pursuant to this chapter means either of the following:
   (1) Fewer than 20 pupils participating in the component of 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.
  SEC. 13.  Section 8483 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 14.  Section 8483 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 15.  Section 8483 of the Education Code, as amended by Chapter
872 of the Statutes of 1999, is amended to read:
   8483.  (a) (1) Every after school component of a program
established pursuant to this article shall operate a minimum of three
hours a day and shall operate 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.
   (2) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of nine hours a week and three days a
week to accomplish program goals, except when released early in
accordance with the early release policy described in paragraph (1)
or as reasonably necessary.
   (3) In order to develop an age appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
   (b) The administrators of a program established pursuant to this
article shall have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day at the approved rate for the regular school year
pursuant to Section 8483.7.
  SEC. 16.  Section 8483.1 is added to the Education Code, to read:
   8483.1.  (a) (1) Every before school program component established
pursuant to this article shall commence operation at or before 6
a.m. on every regular schoolday or two hours before the commencement
of the regular schoolday.  A program may operate less than two hours
per regular schoolday, but in no instance shall a program operate for
less than one and one-half hours per regular schoolday.  Every
program shall establish a policy regarding reasonable late daily
arrival of pupils to the program.
   (2) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of six hours a week and three days a
week to accomplish program goals, except when arriving late in
accordance with the late arrival policy described in paragraph (1) or
as reasonably necessary.  In no event shall a pupil participate less
than one and one-half hours per day to be eligible for funding.
   (3) In order to develop an age appropriate before 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 before school program established
pursuant to this article shall have the option of operating during
any combination of summer, intersession, or vacation periods for a
minimum of two hours per day at the approved rate for the regular
school year pursuant to Section 8483.75.
  SEC. 17.  Section 8483.2 is added to the Education Code, to read:
   8483.2.  Notwithstanding any other provision of this article, any
program electing to operate both a before and after school component
for the same pupils during summer, intersession, or vacation periods
must operate these programs a minimum of five hours per day to
receive the approved rates for the regular school year pursuant to
both Sections 8483.7 and 8483.75.
  SEC. 18.  Section 8483.4 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 19.  Section 8483.4 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 20.  Section 8483.4 of the Education Code, as added by Chapter
320 of the Statutes of 1998, is amended to read:
   8483.4.  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.
Selection of the 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. 21.  Section 8483.5 is added to the Education Code, to read:
   8483.5.  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, current grant
recipients have priority for receiving continued funding for
 use to fund  the same purposes for which they
previously received an award.
  SEC. 22.  Section 8483.7 of the Education Code is amended to read:

   8483.7.  (a) (1) (A) Every school that establishes a program
pursuant to this article is eligible to receive a three year
renewable incentive grant, that shall be awarded in three one-year
increments and is 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, 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, with a maximum total reimbursement of twenty-five dollars
($25) per pupil per week, 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 annually pursuant to
this paragraph shall be seventy-five thousand dollars ($75,000) for
each regular school year for each elementary school and one hundred
thousand dollars ($100,000) 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) The maximum total grant amounts set forth in subparagraph (B)
of paragraph (1) and in paragraph (2) 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  are to   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, 2001, compared to the actual after school
enrollment on the same date.  Matching fund requirements shall be
increased accordingly.
   (4) A school that establishes a program pursuant to this article
is eligible to receive a supplemental grant to operate the program
during any combination of summer, intersession, or vacation periods
for a maximum of the lesser of the following amounts:
   (A) Five dollars ($5) per day per pupil.
   (B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to this subdivision.
   (5) 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.  Neither facilities nor space usage
may fulfill the match requirement.
   (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 eligible as matching 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.

  SEC. 23.  Section 8483.75 is added to the Education Code, to read:

   8483.75.  (a) (1) (A) Every school that establishes a before
school program component pursuant to Section 8483.1 of this article
is eligible to receive a three year renewable incentive grant, that
shall be awarded in three one-year increments and is 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 three dollars thirty-three cents ($3.33) per day per
pupil for a two hour program, if the program serves pupils in
elementary, middle, or junior high school.  Per pupil reimbursement
rates shall be reduced on a prorated basis for those programs which
operate for less than two hours per regular schoolday.  The rate
shall be determined by multiplying 3.33 by the fraction represented
by dividing the minutes of operation per day by 120.
   (ii) Three dollars thirty-three cents ($3.33) per pupil for each
two hours of pupil attendance, with a maximum total reimbursement of
sixteen dollars sixty-five cents ($16.65) per pupil per week, 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  annually
pursuant to this paragraph shall be twenty-five thousand dollars
($25,000) for each regular school year for each elementary school and
thirty-three thousand dollars ($33,000) 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 fifty dollars ($50) by the
number of pupils enrolled at the schoolsite for the normal schoolday
program that exceeds 600.
   (B) For middle schools, multiply fifty dollars ($50) 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
during any combination of summer, intersession, or vacation periods
for a maximum of the lesser of the following amounts:
   (A) Three dollars thirty-three cents ($3.33) per day per pupil.
   (B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to this subdivision.
   (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. Neither facilities nor space usage
may fulfill the match requirement.
   (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 eligible as matching 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.

  SEC. 24.  Section 8483.8 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 25.  Section 8483.8 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 26.  Section 8483.8 of the Education Code, as added by Chapter
320 of the Statutes of 1998, is amended to read:
   8483.8.  In any fiscal year, if a program participant receives
state funds to operate a 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.
  SEC. 27.  Section 8484 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 28.  Section 8484 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 29.  Section 8484 of the Education Code, as added by Chapter
320 of the Statutes of 1998, is amended to read:
   8484.  As required by the State Department of Education, programs
established pursuant to this article shall submit annual outcome
based data for evaluation, including measures for academic
performance, attendance, and positive behavioral changes.  The State
Department of Education may consider these outcomes when determining
eligibility for grant renewal.
  SEC. 30.  Section 8484.3 of the Education Code, as added by Chapter
318 of the Statutes of 1998, is repealed.
  SEC. 31.  Section 8484.3 of the Education Code, as added by Chapter
319 of the Statutes of 1998, is repealed.
  SEC. 32.  Section 8484.3 of the Education Code, as added by Chapter
320 of the Statutes of 1998, is amended to read:
   8484.3.  (a) Programs established pursuant to this article shall
not be required to comply with the requirements of other provisions
of this chapter or requirements set forth in Chapter 19 of Division 1
of Title 5 of the California Code of Regulations.
   (b) Notwithstanding any other provision of law or regulation, a
program operated by a city, county, or nonprofit organization
pursuant to this article may operate for up to 30 hours per week
without obtaining a license or special permit under Chapter 3.4
(commencing with Section 1596.70) or Chapter 3.5 (commencing with
Section 1596.90) of Division 2 of the Health and Safety Code.