Today's Law As Amended


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AB-1725 Before and after school programs: maximum grant amounts.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 8422 of the Education Code is amended to read:

8422.
 (a) Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) (2)  of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.
(b) A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.
(c) 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 may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.
(d) A program established pursuant to this article shall have the option of operating under either of the following modes:
(1) After school only.
(2) After school and during any combination of before school, weekends, summer, intersession, and vacation.

SEC. 2.

 Section 8426 of the Education Code is amended to read:

8426.
 (a) (1) A grantee that establishes a program pursuant to this chapter article  is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting.  grant.  Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants.
(2) (A) Grant amounts pursuant to this article and the daily rate of funding per pupil per day shall be determined by the department on the basis of the amount of funding available for the program. By July 1, 2022, the department shall establish an annual process and methodology for determining those amounts and rates that does all of the following:
(i) Ensures quality according to state standards.
(ii) Prioritizes at-risk pupils and promotes equity.
(iii) Responds to local needs.
(iv) Uses analysis of the true cost to provide quality care throughout the state.
(v) Engages stakeholders.
(B) Until the process and methodology described in subparagraph (A) is established, the department may adjust the grant amounts and daily rates to maintain support for the most at-risk pupils.
(C) (i) It is the intent of the Legislature to prioritize children and youth who are experiencing homelessness, in foster care, English learners, and eligible for free and reduced-price meals, and other locally defined at–risk children and youth.
(ii) It is the intent of the Legislature that the department engage stakeholders to assess the current need of and impact on pupils and families.
(iii) It is the intent of the Legislature that the grant amounts and daily rates reflect the current cost to provide care.
(iv) It is the intent of the Legislature that the daily rate does not fall below the daily rate for the prior fiscal year to protect a minimum baseline of service and care.
(2) (3)  The department shall notify new grantees of their award status and the dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant.
(3) (4)  A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation.
(4) (5)  A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met:
(A) All partners or consortium members agree to the restructure.
(B) The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable.
(C) There is no change in the school, or schools, served by the restructured partnership or consortium.
(D) The department agrees to the restructure.
(b) The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department.
(c) (1) Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following:
(A) The grantee’s indirect cost rate, as approved by the department for the appropriate fiscal year.
(B) Five percent of the state program funding received pursuant to this article.
(2) In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first year’s annual grant award for each after school grant recipient may be used for startup costs.
(3) Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount.
(4) The cost of a program site supervisor may be included as direct services, provided that at least 85 percent of the site supervisor’s time is spent at the program site.
(d) Grantees are subject to semiannual attendance reporting during each year of the grant.
(1) The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions:
(A) If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant.
(B) If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427.
(2) If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee.
(3) The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years.
(4) In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate.
(e) Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements:
(1) Demonstrate program outcomes pursuant to Section 8427.
(2) Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department.
(f) The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(g) (1) The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article.
(2) In addition to administrative costs, a program participant may expend up to the greater of  6 percent of its state funding or seven thousand five hundred dollars ($7,500)  to collect outcome data for evaluation and for reports to the department.
(3) All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils.
(h) When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding.
(i) The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(j) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period.

SEC. 3.

 Section 8426.5 of the Education Code is amended to read:

8426.5.
 (a) (1) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements:
(A) The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school.
(B) The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer.
(2) The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) (2)  of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; 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 coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils.
(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 any 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.
(3) A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsite’s pupils with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426.

SEC. 4.

 Section 8428 of the Education Code is amended to read:

8428.
 The department shall develop, and submit in compliance with Section 9795 of the Government Code, a biennial report to the Legislature related to the pupils attending, and the program quality of, expanded learning programs. The report shall include data that is derived by matching the unique statewide pupil identifiers with data in the department’s data systems. The report may also include, but is not necessarily limited to, aggregate reporting of all of the following information:
(a) The number, geographical distribution, and type of sites and grantees participating in expanded learning programs.
(b) Pupil program attendance and pupil schoolday attendance.
(c) Statewide test and assessment scores.
(d) Pupil demographics and characteristics.
(e) Pupil behavior changes and skill development.
(f) The quality of the programs, based on the department’s guidance on program quality standards developed pursuant to paragraph (3) of subdivision (a) of Section 8427.
(g) The impact of changes to the daily rates and maximum grant amounts, based on the aggregate reporting of the pupils attending, on the program quality of, and the cost analysis of, expanded learning programs.

SEC. 5.

 Section 8482.55 of the Education Code is amended to read:

8482.55.
 (a) To accomplish the purposes of the After School Education and Safety Program, commencing with the fiscal year beginning July 1, 2004, and for each fiscal year thereafter, all grants made pursuant to this article shall be awarded as set forth in this section.
(b) (1) Grants made to public schools pursuant to this article for the 2005–06 fiscal year shall continue to be funded in each subsequent fiscal year at the 2005–06 fiscal year level, after the adjustments provided in paragraphs (1) and (2) of subdivision (a) of Section 8483.7 and paragraphs (1) and (2) of subdivision (a) of Section 8483.75 have been made, before any other grants are funded under this article, provided those schools continue to make application for the grants and are otherwise qualified pursuant to this article. Receipt of a grant at the 2005–06 fiscal year level made pursuant to this subdivision shall not affect a school’s eligibility for additional grant funding as permitted in subdivisions (c) and (d) up to the maximum grants permitted in Sections 8483.7 and 8483.75.
(2) (A) An elementary or middle school program grantee funded pursuant to Section 8484.8 shall apply to receive a new grant under this article in the 2006–07 fiscal year. These programs shall receive priority for funding before any new grant is funded pursuant to this article if the program is otherwise qualified pursuant to this article. Notwithstanding the maximum grant amounts permitted in Sections 8483.7 and 8483.75, the grantee shall receive the same amount of grant funding that it was awarded pursuant to Section 8484.8 in the fiscal year before the year for which the grantee requests funding pursuant to this article. The grantee shall apply to the department, and elect to receive funding under this article, on or before a date established by the department that is before the date by which the department awards new grants pursuant to this article.
(B) Grantees funded pursuant to Section 8484.8 in the 2005–06 fiscal year may elect to receive funding pursuant to this article after the 2006–07 fiscal year and shall be funded under the conditions outlined in subparagraph (A), if funds are available.
(c) Each public elementary, middle, and junior high school in the state shall be eligible to receive a three-year renewable after school grant for after school programs to be operated during the regular school year, as provided in subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7. In the case of schools serving a combination of elementary, middle, and junior high school pupils, the applicant may apply for a grant with funding based on the middle school grant maximum. The program shall comply with the elementary program and attendance requirements for pupils in the elementary grades. For purposes of this article, a school serving a combination of middle and junior high school and high school pupils shall be eligible to apply for a grant to serve pupils through grade 9. Except as provided in this subdivision, grants for after school programs made pursuant to this subdivision shall be subject to all other sections of this article. Grants for after school programs made pursuant to this subdivision shall not exceed one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school or one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school.  Except as provided in subdivision (f) of this section and subdivision (a) of Section 8482.5, each public elementary, middle, and junior high school in the state shall have equal priority of funding for grants for after school programs made pursuant to this subdivision. Receipt of a grant for an after school program made pursuant to this subdivision shall not affect a school’s eligibility for additional grant funding as permitted in subdivision (d) up to the maximum grants permitted in Sections 8483.7 and 8483.75. Grants made pursuant to this subdivision shall be funded after grants made pursuant to subdivision (b) and before any grants made pursuant to subdivision (d). Grants made pursuant to this subdivision shall be referred to as “After School Education and Safety Universal Grants.”
(d) All funds remaining from the appropriation provided in Section 8483.5 after award of grants pursuant to subdivisions (b) and (c) shall be distributed pursuant to Sections 8483.7 and 8483.75. Grants for programs made pursuant to this subdivision shall be subject to all other sections of this article. Priority for grants for programs made pursuant to this subdivision shall be established pursuant to subdivision (a) of Section 8482.5 and Section 8483.3.
(e) With the exception of schools previously funded under both this article and Section 8484.8, a school shall not receive grants in excess of the amounts provided in Sections 8483.7 and 8483.75.
(f) If in any fiscal year the appropriation made pursuant to Section 8483.5 is insufficient to fund all eligible schools who submit an eligible application for After School Education and Safety Universal Grants pursuant to subdivision (c), priority for After School Education and Safety Universal Grants shall be established pursuant to subdivision (a) of Sections 8482.5 and 8483.3.

SEC. 6.

 Section 8483.7 of the Education Code is amended to read:

8483.7.
 (a) (1) (A) Each school that establishes a program pursuant to this article is eligible to receive a three-year after school grant, that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and requirements as described in Section 8482.3 once every three years.
(B) The department shall provide technical support for development of a program improvement plan for grantees under the following conditions:
(i) If actual pupil attendance falls below 75 percent of the target attendance level in any year of the grant.
(ii) If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8484.
(C) (i) Except as provided in clause (ii), the department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 15 percent in each of two consecutive years.
(ii) For a program that operates at a schoolsite located in an area that has a population density of less than 11 persons per square mile, the department shall adjust the grant level of any school within the program that is under its targeted attendance level by more than 35 percent in each of two consecutive years.
(D) (i) Except as provided in clause (ii), in any year after the initial grant year, if the actual attendance level of a school within the program falls below 75 percent of the target attendance level, the department shall perform a review of the program and adjust the grant level as the department deems appropriate.
(ii) For a program that operates at a schoolsite located in an area that has a population density of less than 11 persons per square mile, the department shall perform a review of the program and adjust the grant level as the department deems appropriate, if, in any year after the initial grant year, the actual attendance level of a school within the program falls below 55 percent of the target attendance level.
(E) The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant.
(F) A grantee who has had its grant amount reduced may subsequently request an increase in funding up to the maximum grant amounts provided under this subdivision.
(G) The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department.
(H) Notwithstanding any other provision of this subdivision or any other law, after the technical support required under subparagraph (B) has been provided, the department may at any time terminate the grant of a school in a program that fails for three consecutive years to meet either of the following requirements:
(i) Demonstrate measurable program outcomes pursuant to Section 8484.
(ii) (I) Except as provided in subclause (II), attain 75 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(II) For a program that operates at a schoolsite located in an area that has a population density of less than 11 persons per square mile, attain 55 percent of its proposed attendance level after having had its program reviewed and grant level adjusted by the department.
(I) After school grants may be awarded to applicants that have demonstrated readiness to begin operation of a program or to expand existing programs.
(J) The (i)   maximum total after school grant amount awarded annually pursuant to this paragraph shall be one hundred twelve thousand five hundred dollars ($112,500) for each regular school year for each elementary school and one hundred fifty thousand dollars ($150,000) for each regular school year for each middle or junior high school. The Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of seven dollars and fifty cents ($7.50)  After school grant amounts and the daily rate of funding  per pupil per day of pupil attendance that the program plans to serve, with a maximum total grant of thirty-seven dollars and fifty cents ($37.50) per projected pupil per week, and a formula of seven dollars and fifty cents ($7.50) per projected pupil per day of staff development, with a maximum of three staff development days per year. A program may provide the three days of staff development during regular program hours using funds from the total grant award. shall be determined by the department on the basis of the amount of funding available for the program. By July 1, 2022, the department shall establish an annual process and methodology for determining those amounts and rates that does all of the following: 
(I) Ensures quality according to state standards.
(II) Prioritizes at-risk pupils and promotes equity.
(III) Responds to local needs.
(IV) Uses analysis of the true cost to provide quality care throughout the state.
(V) Engages stakeholders.
(ii) Until the process and methodology described in clause (i) is established, the department may adjust after school grant amounts and the daily rates to maintain support for the most at-risk pupils.
(iii) (I) It is the intent of the Legislature to prioritize children and youth who are experiencing homelessness, in foster care, English learners, and eligible for free and reduced-price meals, and other locally defined at–risk children and youth.
(II) It is the intent of the Legislature that the department engage stakeholders to assess the current need of and impact on pupils and families.
(III) It is the intent of the Legislature that after school grant amounts and the daily rates reflect the current cost to provide care.
(IV) It is the intent of the Legislature that the daily rate does not fall below the daily rate for the prior fiscal year to protect a minimum baseline of service and care.
(2) For large schools, the maximum total grant amounts described in  determined by the department pursuant to subparagraph (J) of  paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in subparagraph (J) of paragraph (1): formulas: 
(A) For elementary schools, multiply one hundred thirteen dollars ($113) by the  an amount determined by the department by the  number of pupils enrolled at the schoolsite for the normal schoolday program that exceeds 600.
(B) For middle schools, multiply one hundred thirteen dollars ($113) by the  an amount determined by the department 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 (J) of paragraph (1) 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 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 of the previous grant year, compared to the actual after school enrollment on the same date. The amount of the required cash or in-kind matching funds shall be increased accordingly. First priority for an increased maximum grant pursuant to this paragraph shall be given to schools that qualify for funding pursuant to subdivision (b) of Section 8482.55. Second priority shall be given to schools that receive funding priority pursuant to subdivision (f) of Section 8482.55.
(4) The minimum total after school grant amount for each schoolsite that may be awarded pursuant to this section shall be computed by multiplying the applicable rate per pupil per day of pupil attendance by 20 pupils being served for 180 regular schooldays.
(5) (3)  Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year,  as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services.
(6) (4)  Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(7) (5)  (A) A grantee may allocate, with departmental approval, up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B) A program grantee that transfers funds for purposes of administering a program pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may transfer only from another school program that has met a minimum of 70 percent of its attendance goal. This subparagraph does not apply to a program that operates at a schoolsite located in an area that has a population density of less than 11 persons per square mile.
(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 used to make the required contribution of local funds for those after school programs.
(c) Up to 15 percent of the initial year’s grant amount for each grant recipient may be used 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.
(d) For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.
(e) The department may adjust the amount of a direct grant, awarded to a new applicant pursuant to this section, on the basis of the program start date, as determined by the department.

SEC. 7.

 Section 8483.75 of the Education Code is amended to read:

8483.75.
 (a) (1) (A) Each school that establishes a before school program component pursuant to Section 8483.1 is eligible to receive a three-year renewable after before  school grant, grant  that shall be awarded in three one-year increments and is subject to semiannual attendance reporting and renewal as required by the department. Before school programs established pursuant to this section shall be subject to the same reporting and accountability provisions described in subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7.
(B) The maximum total grant amount awarded annually pursuant to this paragraph shall be thirty-seven thousand five hundred dollars ($37,500) for each regular school year for each elementary school and forty-nine thousand dollars ($49,000) for each regular school year for each middle or junior high school.
(C) (B)  The (i)   Superintendent shall determine the total annual after school grant amount for which a site is eligible based on a formula of five dollars ($5)  Before school grant amounts and the daily rate of funding  per pupil per day that the program plans to serve, with a maximum total grant of twenty-five dollars ($25) per projected pupil per week. shall be determined by the department on the basis of the amount of funding available for the program. By July 1, 2022, the department shall establish an annual process and methodology for determining those amounts and rates that does all of the following: 
(I) Ensures quality according to state standards.
(II) Prioritizes at-risk pupils and promotes equity.
(III) Responds to local needs.
(IV) Uses analysis of the true cost to provide quality care throughout the state.
(V) Engages stakeholders.
(ii) Until the process and methodology described in clause (i) is established, the department may adjust before school grant amounts and the daily rates to maintain support for the most at-risk pupils.
(iii) (I) It is the intent of the Legislature to prioritize children and youth who are experiencing homelessness, in foster care, English learners, and eligible for free and reduced-price meals, and other locally defined at-risk children and youth.
(II) It is the intent of the Legislature that the department engage stakeholders to assess the current need of and impact on pupils and families.
(III) It is the intent of the Legislature that before school grant amounts and the daily rates reflect the current cost to provide care.
(IV) It is the intent of the Legislature that the daily rate does not fall below the daily rate for the prior fiscal year to protect a minimum baseline of service and care.
(2) For large schools, the maximum total grant amounts described in  determined by the department pursuant to subparagraph (B) of  paragraph (1) may be increased based on the following formulas, up to a maximum amount of twice the respective limits specified in paragraph (1): formulas: 
(A) For elementary schools, multiply seventy-five dollars ($75) an amount determined  by the department 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) an amount determined  by the department 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 section is eligible to receive a summer/supplemental grant to operate the program in excess of 180 regular schooldays during any combination of summer, intersession, or vacation periods for a maximum of 30 percent of the total grant amount awarded to the school per school year under this subdivision.
(4) Each program shall provide an amount of cash or in-kind local funds equal to not less than one-third of the total grant from the school district, governmental agencies, community organizations, or the private sector. Facilities or space usage may fulfill not more than 25 percent of the required local contribution.
(5) (A) The department may award up to 125 percent of the maximum total grant amount for an individual school, so long as the maximum total grant amount for all school programs administered by the program grantee is not exceeded.
(B) A program grantee that is awarded funds pursuant to subparagraph (A) shall have an established waiting list for enrollment, and may receive funds only from another school program that has met a minimum of 70 percent of its attendance goal.
(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 used to make the required contribution of local funds for those before school programs.
(c) Up to 15 percent of the initial year’s grant amount for each grant recipient may be used 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.
(d) For each year of the grant, the department shall award the total grant amount for that year not later than 30 days after the date the grantee accepts the grant.

SEC. 8.

 Section 8484.8 of the Education Code is amended to read:

8484.8.
 In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act:
(a) Beginning with the 2006–07 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs.
(1) The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance.
(2) (A) Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday.
(B) The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009.
(3) In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds.
(b) (1) At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year,  according to needs determined by the local community.
(2) For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following:
(A) Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program.
(B) In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose.
(C) The department shall award grants for a specific purpose, as justified by the applicant.
(3) To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded.
(4) The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted.
(c) At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each region’s percentage shall be determined by dividing the region’s number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals.
(d) Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations.
(e) (1) At least 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils. The department shall allocate funds to each geographic region described in subdivision (k) (j)  by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each region’s percentage shall be determined by dividing the region’s number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section.
(2) After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75.
(3) Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming.
(4) (A) Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant.
(B) For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs.
(C) In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs.
(D) Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount.
(5) A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding.
(6) A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department.
(7) A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484.
(f) A (1)   total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements. Grant amounts pursuant to this article and the daily rate of funding per pupil per day shall be determined by the department on the basis of the amount of funding available for the program. By July 1, 2022, the department shall establish an annual process and methodology for determining those amounts and rates that does all of the following: 
(A) Ensures quality according to state standards.
(B) Prioritizes at-risk pupils and promotes equity.
(C) Responds to local needs.
(D) Uses analysis of the true cost to provide quality care throughout the state.
(E) Engages stakeholders.
(g) (2)  Notwithstanding any other law, and contingent upon the availability of funding, the  Until the process and methodology described in paragraph (1) is established, the  department may adjust the after school grant cap of any grantee based upon one or both of the following: grant amounts and daily rates to maintain support for the most at-risk pupils. 
(3) (A) It is the intent of the Legislature to prioritize children and youth who are experiencing homelessness, in foster care, English learners, and eligible for free and reduced-price meals, and other locally defined at-risk children and youth.
(B) It is the intent of the Legislature that the department engage stakeholders to assess the current need of and impact on pupils and families.
(1) (C)  Amendments made to this section by Chapter 555 of the Statutes of 2005. It is the intent of the Legislature that the grant amounts and daily rates reflect the current cost to provide care. 
(2) (D)  The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7. It is the intent of the Legislature that the daily rate does not fall below the daily rate for the prior fiscal year to protect a minimum baseline of service and care. 
(h) (g)  Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained.
(i) (h)  If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e).
(j) (i)  In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 2008–09 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows:
(1) Thirty-five percent to community learning centers serving high school pupils.
(2) Fifty percent to community learning centers serving elementary and middle school pupils.
(3) Fifteen percent to summer programs serving elementary and middle school pupils.
(k) (j)  (1) To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state.
(2) For purposes of paragraph (1), the following terms shall have the following meanings:
(A) “Central California” means California County Superintendents Educational Services Association regions five to eight, inclusive.
(B) “Northern California” means California County Superintendents Educational Services Association regions one to four, inclusive.
(C) “Southern California” means California County Superintendents Educational Services Association regions 9 to 11, inclusive.
(D) “Urban and rural areas” shall be as defined by the United States Census Bureau.
(l) (k)  This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program.
SEC. 9.
 The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.