Bill Text

Bill Information


Add To My Favorites | print page

AB-297 Before and after school programs.(2001-2002)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB297:v91#DOCUMENT

Assembly Bill No. 297
CHAPTER 453

An act to add and repeal Article 23.4 (commencing with Section 8488.5) of Chapter 2 of Part 6 of the Education Code, relating to before and after school programs.

[ Filed with Secretary of State  October 03, 2001. Approved by Governor  October 02, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 297, Kehoe. Before and after school programs.
Existing law establishes the After School Learning and Safe Neighborhoods Partnerships Program to create incentives for establishing local after school enrichment programs and establishes maximum grant amounts for participating schools and serve pupils in kindergarten and grades 1 to 9, inclusive, at participating elementary, middle, and junior high schoolsites. Under existing law, every after school program established pursuant to the program is required to operate a minimum of 3 hours a day and at least until 6 p.m. on every regular schoolday.
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, until January 1, 2005, establish the Six-to-Six Before and After School Program to establish a similar program to provide local before and after school enrichment programs. This bill would permit a participating program, operated by a city or county in partnership with a community-based organization with the approval of a local educational agency and operated on a schoolsite, to operate for up to 30 hours per week without obtaining a license or special permit otherwise required under prescribed provisions of law. The bill would authorize the enrichment programs to operate only pursuant to the authorization of the governing board of a school district.

The people of the State of California do enact as follows:


SECTION 1.

 Article 23.4 (commencing with Section 8488.5) is added to Chapter 2 of Part 6 of the Education Code, to read:
Article  23.4. The Six-to-Six Before and After School Program

8488.5.
 There is hereby established the Six-to-Six Before and After School Program. The purpose of this program is to create locally driven and locally funded before and after school enrichment programs that partner schools and communities to provide academic and literacy support and safe, constructive alternatives for youth.

8488.7.
 (a) The Six-to-Six Before and After School 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 on one or multiple schoolsites.
(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, physical activity, conflict resolution, and drug and alcohol prevention activities, is provided.
(d) Governing agencies 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 or county in partnership with a community-based organization, with the approval of a local educational agency or agencies.
(e) Cities or counties in partnership with community-based organizations and school districts shall ensure that each of the following requirements is fulfilled, if applicable:
(1) The program documents the commitments of each partner to operate a program on that schoolsite or schoolsites.
(2) The program has been approved by the governing board of the school district and the principal of each schoolsite.
(3) Each partner in the program agrees to share responsibility for the quality of the program.
(4) The program 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) Programs agree to follow all fiscal reporting and auditing standards required by the city or county.
(6) A formal complaint process is established and posted at each schoolsite.
(7) Priority for funding programs established pursuant to this article shall be given to elementary, middle, and junior high schools with the highest percentage of pupils eligible for free or reduced-cost meals through the school lunch program of the United States Department of Agriculture.

8488.9.
 Every program established pursuant to this article shall be planned through a collaborative process that includes parents, youth, and representatives of participating schoolsites, governmental agencies, such as city and county parks and recreation departments, community organizations, child care providers, and the private sector.

8489.
 Every pupil attending a school operating a before and after school program pursuant to this article is eligible to participate in the program, subject to program capacity.

8489.1.
 (a) (1) Every before and after school program established pursuant to this article shall operate a minimum of three hours a day and at least until 6 p.m. on every regular schoolday. Before school programs hours shall be set according to community need. 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 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.

8489.2.
 The city or county shall annually review all of the following:
(a) Strength of the educational component.
(b) Quality of the educational enrichment component.
(c) Strength of staff training and development component.
(d) Scope and strength of collaboration, including demonstrated support of the schoolsite principal and staff.
(e) 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.
(f) Inclusion of a nutritional snack.
(g) Employment of CalWORKs recipients.
(h) Level and type of local funds.
(i) Fiscal accountability.
(j) The health and safety of the participants.

8489.3.
 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. The administrator of every program shall ensure that all staff receive training in behavior management, discipline, guidance, conflict resolution, and school-age related training. Every program shall have a full-time site supervisor. Selection of the after school program site supervisors shall be subject to the approval of the schoolsite principal. Full-time site supervisors shall possess a bachelor’s degree or have completed at least 15 units of coursework, in any combination, in the subject areas of education, child development, recreation, or a related field. 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.

8489.4.
 Before and after school programs established pursuant to this article shall report annually to the school district and superintendent of the school district on measures, as determined in conjunction with the school district and the site principal, for academic performance, attendance, and positive behavioral changes. Programs shall provide these annual reports to the Education and Human Services Committees of the Legislature.

8489.6.
 (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) Programs established pursuant to this article may operate only pursuant to the authorization of the governing board of a school district.
(c) Notwithstanding any other provision of law or regulation, a program operated pursuant to this article by a city or county in partnership with a community-based organization, with the approval of a local education agency or agencies and operated on a schoolsite 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.

8489.8.
 Programs established pursuant to this article may be conducted upon the grounds of a community park or recreational area if the park or recreational area is adjacent to the schoolsite.

8489.9.
 This article shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.