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SB-78 After school programs: grant amounts.(2017-2018)

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Date Published: 04/26/2017 04:00 AM
SB78:v97#DOCUMENT

Amended  IN  Senate  April 25, 2017
Amended  IN  Senate  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 78


Introduced by Senator Leyva
(Principal coauthor: Senator Mendoza)

January 11, 2017


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


LEGISLATIVE COUNSEL'S DIGEST


SB 78, as amended, Leyva. After school programs: grant amounts.
Existing law, the After School Education and Safety Program Act of 2002, enacted by initiative statute, 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 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, and specifies the maximum grant amount and related amounts for each of these grants. The act provides a formula for determining an amount to be continuously appropriated from the General Fund to the State Department of Education for the purposes of the program.
This bill, for the 2017–18 fiscal year, and for each fiscal year thereafter, would continuously appropriate an additional $99,135,000 to the State Department of Education for the purposes of the program. The bill, commencing with the increases to the minimum wage implemented during the 2018–19 fiscal year, and each fiscal year thereafter, would require the Department of Finance to annually adjust the total program funding amount for each minimum wage increase using a specified calculation. The bill would require the State Department of Education to adjust the maximum grant amounts and related amounts in accordance with the amount provided for the program for the 2017–18 fiscal year. The bill, commencing with the 2018–19 fiscal year, and each fiscal year thereafter, would require the State Department of Education to adjust those amounts by the amounts necessary to properly allocate funding increases made to the total program funding amount by the bill. The bill also would provide that funds appropriated by the bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
Vote: MAJORITY   Appropriation: YES   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 After School Education and Safety Program (ASES) serves more than 400,000 low-income pupils in over 4,000 high-quality elementary and middle school programs statewide.
(2) After school programs are essential to closing the achievement and opportunity gaps for underserved pupils.
(3) ASES programs receive a daily rate of $7.50 per pupil for three or more hours each day of academic and enrichment activities, a rate that experts say is woefully inadequate to run a high-quality program.
(4) The daily rate has not been changed since 2006, despite a decade of substantial increases to the costs of operating these programs.
(5) The most significant program cost increases were the three statutory minimum wage increases: the first on July 1, 2014, the second on January 1, 2016, and the third on January 1, 2017.
(6) Costs will continue to increase as statutory minimum wage increases take effect.
(7) As costs significantly outpace funding, ASES programs have been stretched to the breaking point.
(8) The ASES daily rate must be increased by 50 cents for each one dollar increase to the minimum wage. Based on the minimum wage in effect as of January 1, 2018, this formula requires a 20 percent increase in the daily rate, from $7.50 to $9.00.
(b) It is therefore the intent of the Legislature to augment the ASES budget in an amount sufficient to match the increased costs of the current minimum wage.
(c) It is further the intent of the Legislature to ensure the continuation and stability of high-quality ASES programs by adopting a statute that requires the Department of Finance to provide a cost-of-living adjustment to ASES programs in each year that there is an increase to the minimum wage.

SEC. 2.

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

8483.73.
 (a) (1) For the 2017–18 fiscal year, and for each fiscal year thereafter, ninety-nine million one hundred thirty-five thousand dollars ($99,135,000) is hereby continuously appropriated from the General Fund to the department for the purposes of the program established pursuant to this article.
(2) Commencing with the increases to the minimum wage implemented during the 2018–19 fiscal year, and each fiscal year thereafter, the Department of Finance shall adjust the total program funding amount of six hundred fifty-four forty-nine million one hundred thirty-five thousand dollars ($654,135,000) ($649,135,000) by adding an amount necessary to fund an increase in the daily per-pupil rate of 50 percent of each increase to the minimum wage pursuant to Section 1182.12 of the Labor Code.
(b) The department shall adjust the dollar amounts specified in Sections 8482.55, 8483.7, 8483.75, and 8483.76 in accordance with the amount provided for the program for the 2017–18 fiscal year. Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, the department shall adjust the dollar amounts specified in Sections 8482.55, 8483.7, 8483.75, and 8483.76 by those amounts necessary to properly allocate funding increases pursuant to paragraph (2) of subdivision (a).
(c) For the 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 were 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 were appropriated.