SECTIONS 8420-8428 - California Statutes

EDUCATION CODE

SECTION 8420-8428

8420. This article shall be known and may be cited as the 21st
Century High School After School Safety and Enrichment for Teens
(High School ASSETs) program.

8421. There is hereby established the 21st Century High School
After School Safety and Enrichment for Teens program. The purpose of
the program is to create incentives for establishing locally driven
after school enrichment programs that partner schools and communities
to provide academic support and safe, constructive alternatives for
high school pupils in the hours after the regular schoolday, and that
may assist pupils in passing the high school exit examination
required for high school graduation pursuant to Chapter 9 (commencing
with Section 60850) of Part 33 for public school programs.
(a) High school after school programs shall serve pupils in grades
9 to 12, inclusive.
(b) A high school after school program established pursuant to
this article shall consist of the following two elements:
(1) An academic assistance element that shall include, but need
not be limited to, at least one of the following: preparation for the
high school exit examination, tutoring, homework assistance, or
college preparation, including information about the Cal Grant
Program established pursuant to Article 3 (commencing with Section
69530) of Chapter 2 of Part 42. The assistance shall be aligned with
the regular academic programs of the pupils.
(2) An enrichment element that may include, but need not be
limited to, community service, career and technical education, job
readiness, opportunities for mentoring and tutoring younger pupils,
service learning, arts, computer and technology training, physical
fitness, and recreation activities.
(c) A program shall operate for a minimum of 15 hours per week.
(d) An entity may operate programs on one or multiple sites. If an
entity plans to operate programs at multiple sites, only one
application is required.
(e) A program may operate on a schoolsite or on another site
approved by the department during the grant application process. A
program located off school grounds shall not be approved unless both
of the following criteria are met:
(1) Safe transportation is available to transport participating
pupils if necessary.
(2) The program is at least as available and accessible as similar
programs conducted on schoolsites.
(f) Applicants for grants pursuant to this article shall ensure
that all of the following requirements are fulfilled, if applicable:
(1) The application includes a description of the activities that
will be available for pupils and lists the program hours.
(2) The application includes an estimate of the following:
(A) The number of pupils expected to attend the program on a
regular basis.
(B) The average hours of attendance per pupil.
(C) The percentage of pupils expected to attend the program less
than three days a week, three days a week, and more than three days a
week, for each quarter or semester during the grant period.
(3) The application documents the commitments of each partner to
operate a program at a location or locations that are safe and
accessible to participating pupils.
(4) The application certifies that pupils were involved in the
design of the program and describes the extent of that involvement.
(5) The application identifies federal, state, and local programs
that will be combined or coordinated with the high school after
school program for the most effective use of public resources, and
describes a plan for implementing the high school after school
program beyond federal grant funding.
(6) The application has been approved by the school district, or
the charter school governing board, and the principal of each
participating school for each schoolsite or other site.
(7) The application includes a certification that the applicant
has complied with the requirement in subdivision (b) of Section 8422.
(8) The application includes a certification that each applicant
or partner in the application agrees to do all of the following:
(A) Assume responsibility for the quality of the program.
(B) Follow all fiscal reporting and auditing standards required by
the department.
(C) Provide the following information on participating pupils to
the department:
(i) Schoolday attendance rates.
(ii) Pupil test scores from the Standardized Testing and Reporting
Program established under Section 60640, reflecting achievement in
the areas addressed by required program elements, if assessments have
been established in that area.
(iii) Pupil achievement on the high school exit exam as
applicable.
(iv) Program attendance.
(D) Acknowledge that program evaluations will be based upon the
criteria in Section 8427.
(9) Certify that the applicant has complied with all federal
requirements in preparing and submitting the application.
(g) The department shall not establish minimum attendance
requirements for individual pupils.
(h) It is the intent of the Legislature, that to the extent
possible, the department require applicants to submit the information
required by this section in a short and concise manner.

8421.5. (a) (1) The department shall provide notice to all schools
eligible for grants under this article of the availability of those
grants as well as the application process.
(2) The department shall make the application available through
its Internet Web site. The department shall periodically review the
applications on a competitive basis for funding on dates determined
by the department.
(b) The department shall review all applications for their
inclusion of the requirements of subdivision (f) of Section 8421 and
Section 8423.
(c) (1) The department shall review those recommendations made by
the Advisory Committee on Before and After School Programs pursuant
to subparagraph (A) of paragraph (4) of subdivision (h) of Section
8484.9 and present them to the state board on or before May 30, 2007.
(2) The state board shall adopt requirements for program
evaluation and review on or before August 1, 2007.

8422. (a) Priority for funding pursuant to this article shall be
given to programs that:
(1) Serve pupils attending a school whose most recent score on the
Academic Performance Index ranks the school in the lowest 3 deciles.
(2) Previously received funding pursuant to Section 8421, for
expansion of existing grants up to the per site maximum established
under paragraph (1) of subdivision (a) of Section 8426, or to replace
expiring grants that have satisfactorily met their projected
attendance goals and demonstrated other positive outcomes regarding,
but not limited to, performance on the high school exit examination,
graduation rates, schoolday attendance, and positive behavioral
changes.
(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) A program established pursuant to this article is not required
to charge family fees or to conduct individual eligibility
determination based on need or income.
(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.

8423. (a) The department shall select grantees to participate in
the 21st Century High School After School Safety and Enrichment for
Teens program from among applicants that apply on forms and in a
manner prescribed by the department. To the extent possible, the
selection of applicants by the department shall result in an
equitable distribution of grant awards to applicants in northern,
southern, and central California, and in urban, suburban, and rural
areas of the state.
(b) The department shall consider the following criteria in
awarding grants:
(1) Strength of the educational element and alignment with state
academic standards, preparation for the high school exit examination,
and other academic interventions.
(2) Strength of the enrichment element.
(3) Evidence of community collaboration, including demonstrated
support of the principal and staff from participating schools.
(4) A description of the manner in which programs will provide a
safe physical and emotional environment and opportunities for
relationship building, and promote active pupil engagement.
(5) A description of the manner in which the program design will
be periodically reexamined in order to maintain strong pupil
interest.
(6) A description of plans to attract pupils, particularly pupils
considered at risk or in need of academic support, on a regular
basis.
(c) The application shall certify all of the following:
(1) Completion of an assessment of pupils' preferences for program
activities.
(2) Access to, and availability of, computers and technology.
(3) Inclusion of a nutritional snack and a physical activity
element.
(4) That the program will meet all of the evaluation requirements.
(5) Fiscal accountability.

8425. The department shall implement this program only to the
extent that federal funds are appropriated by the Legislature for
purposes of the program. It is the intent of the Legislature that
available federal funds be appropriated annually for the program
established pursuant to this article, through the annual Budget Act.
(a) Of the funds appropriated for the program in the first year,
two hundred fifty thousand dollars ($250,000) shall be allocated to
the department to conduct a three-year evaluation of the programs
established pursuant to this article and to make recommendations for
future program expansion. The recommendations shall be provided to
the state board and the Legislature on or before July 1, 2007.
(b) The department may spend up to 3 percent of the funds
appropriated for purposes of this article to provide training by
qualified and experienced personnel, to convene regular meetings
among grantees, and to ensure quality program implementation and
sustainability, including unscheduled site visits.

8426. (a) (1) A grantee that establishes a program pursuant to this
chapter 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. 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) The department shall notify new grantees of their award status
and 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) 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.
(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 core grant recipient may be utilized 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.
(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 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.
(C) If the grantee fails in three consecutive years to demonstrate
improved academic achievement among participating pupils as measured
by data collected under paragraph (8) of subdivision (f) of Section
8421.
(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 provision of 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.

8427. (a) A high school after school program established pursuant
to this article shall submit to the department annual outcome-based
data for evaluation, including research-based indicators and
measurable pupil outcomes, including, but not limited to, academic
performance, school attendance, positive behavioral changes, and, to
the extent possible, performance on the high school exit examination
and graduation rates.
(1) To demonstrate program effectiveness, grantees shall submit
all of the following:
(A) Participating pupil schoolday attendance on an annual basis.
(B) Program attendance on a semi-annual basis.
(2) To demonstrate program effectiveness based upon individual
program focus, programs shall select one or more of the following
measures to be used for at least three consecutive years and
submitted annually:
(A) Positive behavioral changes, as reported by schoolday teachers
or after school staff who directly supervise pupils.
(B) Pupil performance on the high school exit examination and
graduation rates.
(C) Pupil performance on the Standardized Testing and Reporting
(STAR) Program test.
(D) Homework completion rates.
(E) Skill development consistent with the program elements, as
reported by schoolday teachers or after school staff who directly
supervise pupils.
(F) The department may develop additional measures to demonstrate
program effectiveness. Any additions shall be developed in
consultation with the advisory committee pursuant to Section 8484.9.
(3) Programs shall submit information adopted through the process
outlined in subdivision (b) of Section 8421.5.
(b) (1) If a program consistently fails to demonstrate measurable
program outcomes for three consecutive years, the department may
terminate the program pursuant to the process in subdivision (e) of
Section 8426. The department shall consider multiple outcomes and not
rely on one outcome in isolation.
(2) For purposes of this subdivision, "consistently fails to
demonstrate measurable program outcomes" means failure to meet
program effectiveness requirements pursuant to the criteria in
paragraphs (1) and (2) of subdivision (a).
(3) Measurable program outcomes may be demonstrated by, but are
not limited to, the following methods:
(A) Comparing pupils participating in the program to
nonparticipating pupils at the same schoolsite.
(B) Pupils participating in the program demonstrate improvement on
one or more indicators collected by the program pursuant to this
section.
(c) The department shall identify or develop standardized
procedures and tools to collect the indicators in paragraphs (1) and
(2) of subdivision (a) in accordance with the process outlined in
paragraph (4) of subdivision (h) of Section 8484.9.

8428. (a) The department shall order an independent statewide
evaluation of the effectiveness of programs funded pursuant to this
article to be prepared and submitted to the Legislature. The
evaluation shall include a comparison of outcomes for participating
pupils and similarly situated pupils who did not participate in a
program.
(b) A report shall be submitted to the Governor and the
Legislature on or before October 1, 2011, providing data that
includes, but is not limited to, all of the following:
(1) Data collected pursuant to Section 8427.
(2) Data adopted through the process outlined in subdivision (c)
of Section 8421.5 and subdivision (e) of Section 8484.
(3) Number and type of sites and grantees participating in the
program.
(4) Pupil program attendance, as reported semiannually, and pupil
schoolday attendance, as reported annually.
(5) Pupil program participation rates including, but not limited
to, all of the following:
(A) The average hours of attendance per pupil.
(B) The percentage of pupils that attend the program less than
three days a week, three days a week, and more than three days a
week.
(C) The extent to which the program attracts pupils considered at
risk or in need of academic support.
(6) Quality of the program, drawing on the research of the Academy
of Sciences on critical features of programs that support healthy
youth development.