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AB-1725 After School Education and Safety Program: funding and grant amounts.(2019-2020)

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Date Published: 05/17/2019 09:00 PM
AB1725:v98#DOCUMENT

Amended  IN  Assembly  May 17, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1725


Introduced by Assembly Member Carrillo
(Coauthors: Assembly Members Bonta, Cervantes, Eduardo Garcia, Gloria, Gray, Limón, Reyes, Luz Rivas, and Santiago)
(Coauthors: Senators Archuleta, Bradford, and Leyva)

February 22, 2019


An act to add Section 8483.73 to the Education Code, relating to after school programs, and making an appropriation therefor. programs.


LEGISLATIVE COUNSEL'S DIGEST


AB 1725, as amended, Carrillo. After School Education and Safety Program: funding and grant amounts.
The After School Education and Safety Program Act of 2002, an initiative statute approved by the voters as Proposition 49 at the November 5, 2002, statewide general election, establishes the After School Education and Safety Program under which participating public schools receive grants to operate before and after school programs serving pupils in kindergarten or any of grades 1 to 9, inclusive. The act provides that each school establishing a program pursuant to the act is eligible to receive a renewable 3-year grant for before or after school programs, as provided, and a grant for operating a program beyond 180 regular schooldays or during summer, weekend, intersession, or vacation periods, as provided. The act specifies maximum grant amounts and daily per-pupil funding rates for determining a school’s total annual grant amount. The act requires an amount not to exceed $550,000,000 to be continuously appropriated to the State Department of Education from the General Fund in each fiscal year for purposes of the program, and provides that nothing prohibits the Legislature from appropriating funds in excess of that amount for the program.
This bill would continuously appropriate an additional $112,800,000 from the General Fund to the State Department of Education in the 2019–20 fiscal year for purposes of the program. The bill, in each fiscal year thereafter, would continuously appropriate to the State Department of Education declare that its implementation is subject to the enactment of an appropriation for its purposes in the Budget Act or another statute. The bill would, commencing with increases to the minimum wage implemented during the 2020–21 fiscal year, require the Department of Finance to increase the total funding amount for the program by adding an amount necessary to fund an increase in the daily per-pupil rate equal to the higher of either 50% of specified increases to the minimum wage or the percentage increase to the California Consumer Price Index, as determined by the Department of Finance. Index. The bill would require the State Department of Education to increase the maximum grant amounts and daily per-pupil funding rates in accordance with the total amount appropriated for the program in the 2019–20 fiscal year, and in each fiscal year thereafter.
Vote: MAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) The disparity in educational outcomes between pupil populations is one of the most serious challenges facing our public education system.
(2) Pupils spend 80 percent of their waking hours outside of the classroom.
(3) Free and affordable learning experiences after school and in the summer are essential strategies for equalizing pupil outcomes.
(4) Research shows that after school programs improve school attendance, reduce dropout rates, help English learners transition to proficiency, develop Science, Technology, Engineering, the Arts, and Mathematics (STEAM) learning and workforce skills, build social-emotional skills, improve health and nutrition, prevent and reduce youth substance use and abuse, and reduce crime involving youth.
(5) After school programs provide critical childcare for pupils while parents work or attend school or workforce training.
(6) The After School Education and Safety Program (ASES) serves more than 400,000 low-income pupils daily in 4,200 high-quality elementary and middle school programs statewide.
(7) The state’s per capita investment in ASES has declined since 2006, despite substantial increases to the costs of operating these programs.
(8) Since 2006, the daily rate has only increased 9 percent ($7.50 to $8.19 per pupil), while the state minimum wage has increased 50 percent.
(9) The most significant program cost increases were five statutory minimum wage increases: the first on July 1, 2014, the second on January 1, 2016, the third on January 1, 2017, the fourth on January 1, 2018, and the fifth on January 1, 2019.
(10) ASES operating costs will continue to increase as statutory minimum wage increases take effect.
(11) As costs significantly outpace funding, ASES programs have been forced to reduce the essential academic supports and enrichment opportunities they provide to pupils. Nearly one-quarter of ASES programs are likely to close their doors by 2020 unless they receive additional funding.
(12) The ASES daily rate should be increased by $0.50 for each $1 increase to the state minimum wage. Based on the minimum wage in effect as of January 1, 2020, this formula would require a 19-percent increase in the daily rate, from $8.19 to $9.75.
(b) (1) It is therefore the intent of the Legislature to augment the ASES budget in an amount sufficient to match the increased costs of the minimum wage.
(2) It is further the intent of the Legislature to ensure the continuation and stability of high-quality ASES programs by enacting legislation that would require an appropriate increase in funding to ASES programs in each year that there is an increase to the state minimum wage or cost of living, reflecting either a 50-percent increase in funding for any increase in the minimum wage or a cost-of-living increase, whichever is higher.

SEC. 2.

 Section 8483.73 is added to the Education Code, to read:

8483.73.
 (a) (1)For the 2019–20 fiscal year, one hundred twelve million eight hundred thousand dollars ($112,800,000) is hereby continuously appropriated from the General Fund to the department for purposes of the program established pursuant to this article. The implementation of this section is subject to the enactment of an appropriation for its purposes in the Budget Act or another statute.

(2)For each fiscal year thereafter, the amount calculated by the Department of Finance pursuant to subdivision (b) for that fiscal year is hereby continuously appropriated from the General Fund to the department for purposes of program established pursuant to this article.

(b) Commencing with the increases to the minimum wage implemented during the 2020–21 fiscal year and each fiscal year thereafter as provided for in Section 1182.12 of the Labor Code, the Department of Finance shall increase the total funding amount for the program established pursuant to this article by adding to the appropriation described in paragraph (1) of subdivision (a) an amount necessary to fund an increase in the daily per-pupil rate to an amount equal to one of the following levels, whichever is higher:
(1) Fifty percent of each increase to the minimum wage provided for in Section 1182.12 of the Labor Code.
(2) The percentage increase to the California Consumer Price Index.
(c) The department shall increase the dollar amounts specified in Sections 8482.55, 8483.7, 8483.75, and 8483.76 in accordance with the total amount appropriated for the program established pursuant to this article in the 2019–20 fiscal year, and in each fiscal year thereafter.

(d)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated.