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SB-328 Local educational agencies: before and after school programs: middle school and high school start time.(2021-2022)

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Date Published: 04/27/2021 09:00 PM
SB328:v96#DOCUMENT

Amended  IN  Senate  April 27, 2021
Amended  IN  Senate  April 13, 2021
Amended  IN  Senate  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 328


Introduced by Senator Portantino

February 05, 2021


An act to amend Section 46148 of, and to add Section 8203.4 to, and to add Chapter 5 (commencing with Section 36000) to Part 21 of Division 3 of Title 2 of, the Education Code, relating to local educational agencies.


LEGISLATIVE COUNSEL'S DIGEST


SB 328, as amended, Portantino. Local educational agencies: educational programs. before and after school programs: middle school and high school start time.
(1) Existing law 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, under which a program can apply for a grant for operating a before school component, an after school component, or both the before and after school components, on one or multiple schoolsites.
This bill would require the State Department of Education and the State Department of Social Services to review funding for all after school programs offered in the state under their respective jurisdiction, including, but not limited to, the After School Education and Safety Program and programs supported by federal funding, and to, by regulation, provide flexibility to school districts to use up to 20% of funds provided for after school programs under their respective jurisdiction for before school programs if that flexibility is not prohibited by the After School Education and Safety Program Act of 2002, an initiative statute approved by the voters at the November 5, 2002, statewide general election as Proposition 49, or federal law.

(2)The California Constitution requires the Legislature to provide for a system of common schools and gives the Legislature the power to provide, by general law, for the incorporation and organization of school districts, high school districts, and community college districts of every kind and class.

This bill would prohibit a city, county, city and county, county office of education, or school district from imposing any rule, regulation, ordinance, or condition, or taking any action, that would prohibit or restrict a school district, county office of education, or charter school from complying with any state law or regulation.

The bill would include findings that changes described in this paragraph address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3)

(2) Existing law requires the schoolday for middle schools and high schools, including those operated as charter schools, to begin no earlier than 8:00 a.m. and 8:30 a.m., respectively, by July 1, 2022, or the date on which a school district’s or charter school’s respective collective bargaining agreement that is operative on January 1, 2020, expires, whichever is later, except for rural school districts.
This bill would expand the exemption to rural charter schools, and would define a “rural school district or rural charter school” for purposes of those provisions. The bill would authorize a school district or charter school subject to the start time requirement to offer a surf class or club before the start of the schoolday and would authorize the surf class or club to generate average daily attendance for purposes of computing any apportionments of state funding. The bill would prohibit a city, county, city and county, county office of education, or school district from imposing any rule, regulation, ordinance, or condition, or taking any action, that would prohibit or restrict a school district, county office of education, or charter school from complying with the school start time provisions described above.
The bill would include findings that provisions described in this paragraph address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 8203.4 is added to the Education Code, to read:

8203.4.
 (a) The State Department of Education and the State Department of Social Services shall review funding for all after school programs offered in the state under their respective jurisdiction, including, but not limited to, the After School Education and Safety Program (Article 22.5 (commencing with Section 8482)) and programs supported by federal funding.
(b) Notwithstanding any other law, the State Department of Education and the State Department of Social Services shall, by regulation, provide flexibility to school districts to use up to 20 percent of funds provided for after school programs under their respective jurisdiction for before school programs if that flexibility is not prohibited by the After School Education and Safety Program Act of 2002, an initiative statute approved by the voters at the November 5, 2002, statewide general election as Proposition 49, or federal law.

SEC. 2.Chapter 5 (commencing with Section 36000) is added to Part 21 of Division 3 of Title 2 of the Education Code, to read:
5.Matters of Statewide Concern
36000.

(a)A city, county, city and county, county office of education, or school district shall not impose any rule, regulation, ordinance, or condition, or take any action, that would prohibit or restrict a local educational agency from complying with any state law or regulation.

(b)For purposes of this section, a “local educational agency” means a school district, county office of education, or charter school.

(c)The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 3.SEC. 2.

 Section 46148 of the Education Code is amended to read:

46148.
 (a) (1) The schoolday for high schools, including high schools operated as charter schools, shall begin no earlier than 8:30 a.m.
(2) The schoolday for middle schools, including middle schools operated as charter schools, shall begin no earlier than 8:00 a.m.
(b) For purposes of this section, the following definitions apply:
(1) “Rural school district or rural charter school” is a school district or charter school that meets any of the following:
(A) The school district or charter school is located in a county with a total population of 70,000 people or fewer.
(B) The school district is, at least 50 percent of the schools maintained by the school district are, or the charter school is designated as “rural” under the federal Universal Service E-rate program.
(C) The school district or charter school is eligible to receive grants under the federal Small, Rural School Achievement program or another federal grant program in which eligibility is determined based on a “rural” designation.
(2) “Schoolday” has the same meaning as defined by the school district or charter school for purposes of calculating average daily attendance in order to compute any apportionments of state funding, except for a surf class or club. This section does not prohibit a school district or charter school from offering classes or activities to a limited number of pupils before the start of the schoolday that do not generate average daily attendance for purposes of computing any apportionments of state funding, or from offering a surf class or club before the start of the schoolday that generates average daily attendance for purposes of computing any apportionments of state funding.
(c) This section shall be implemented by middle schools and high schools no later than July 1, 2022, or the date on which a school district’s or charter school’s respective collective bargaining agreement that is operative on January 1, 2020, expires, whichever is later.
(d) (1) This section shall not apply to rural school districts or rural charter schools.
(2) The identification of rural school districts and rural charter schools pursuant to this section shall not be considered a state agency identification for purposes of determining federal funding.
(e) The department is encouraged to post on its internet website available research on the impact of sleep deprivation on adolescents and the benefits of a later school start time and examples of successful strategies for managing the change to a later school start time, and to advise school districts and charter schools of this posting.
(f) The Legislature encourages school districts, charter schools, and community organizations to inform their communities, including parents, teenagers, educators, athletic coaches, and other stakeholders, about the health, safety, and academic impact of sleep deprivation on middle and high school pupils and the benefits of a later school start time, and to discuss local strategies to successfully implement the later school start time.
(g) A city, county, city and county, county office of education, or school district shall not impose any rule, regulation, ordinance, or condition, or take any action, that would prohibit or restrict a school district, county office of education, or charter school from complying with this section.
(h) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.