SECTIONS 8482-8484.6 - California Statutes

EDUCATION CODE

SECTION 8482-8484.6

8482. There is hereby established the After School Education and
Safety Program. All references to it by its prior name, the Before
and After School Learning and Safe Neighborhoods Partnerships
Program, in this article and other state law shall now identify it by
its new name. The purpose of this program is to create incentives
for establishing locally driven before and after school enrichment
programs both during schooldays and summer, intersession, or vacation
days that partner public schools and communities to provide academic
and literacy support and safe, constructive alternatives for youth.
The term public school includes charter schools.

8482.3. (a) The After School Education and Safety Program shall be
established to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating public elementary, middle, junior high,
and charter schools.
(b) A program may operate a before school component of a program,
an after school component, or both the before and after school
components of a program, on one or multiple schoolsites. If a program
operates at multiple schoolsites, only one application shall be
required for its establishment.
(c) Each component of a program established pursuant to this
article shall consist of the following two elements:
(1) An educational and literacy element in which tutoring or
homework assistance is provided in one or more of the following
areas: language arts, mathematics, history and social science,
computer training, or science.
(2) An educational enrichment element, that may include, but need
not be limited to, fine arts, career technical education, recreation,
physical fitness, and prevention activities.
(3) Notwithstanding any other provision of this article, the
majority of the time spent by a pupil who is in kindergarten or any
of grades 1 to 9, inclusive, and who is participating in a career
technical education element of a program established pursuant to this
article shall be at a site that complies with Section 8484.6.
(d) Applicants shall agree that snacks made available through a
program shall conform to the nutrition standards in Article 2.5
(commencing with Section 49430) of Chapter 9 of Part 27.
(e) Applicants for programs established pursuant to this article
may include any of the following:
(1) A local educational agency, including, but not limited to, a
charter school, the California School for the Deaf (northern
California), the California School for the Deaf (southern
California), and the California School for the Blind.
(2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local educational agency or agencies.
(f) Applicants for grants pursuant to this article shall ensure
that each of the following requirements is fulfilled, if applicable:
(1) The application documents the commitments of each partner to
operate a program on that site or sites.
(2) 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.
(3) Each partner in the application agrees to share responsibility
for the quality of the program.
(4) The application designates the public agency or local
educational agency partner to act as the fiscal agent. For purposes
of this section, "public agency" means only a county board of
supervisors or if the city is incorporated or has a charter, a city
council.
(5) Applicants agree to follow all fiscal reporting and auditing
standards required by the department.
(6) Applicants agree to incorporate into the program both of the
elements required pursuant to subdivision (c).
(7) Applicants agree to provide information to the department for
the purpose of program evaluation pursuant to Section 8483.55.
(8) Applicants shall certify that program evaluations will be
based upon Section 8484 and upon any requirements recommended by the
Advisory Committee on Before and After School Programs and adopted by
the state board, in compliance with subdivision (g) of Section
8482.4.
(9) The application states the targeted number of pupils to be
served by the program.
(10) Applicants agree to provide the following information on
participating pupils to the department:
(A) Schoolday attendance rates.
(B) 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.
(C) Program attendance.
(g) (1) Grantees shall review their after school program plans
every three years including, but not limited to, all of the
following:
(A) Program goals. A grantee may specify any new program goals
that will apply to the following three years during the grant renewal
process.
(B) Program content, including the elements identified in
subdivision (c).
(C) Outcome measures selected from those identified in subdivision
(a) of Section 8484 that the grantee will use for the next three
years.
(D) Any other information requested by the department.
(E) If the program goals or outcome measures change as a result of
this review, the grantee shall notify the department in a manner
prescribed by the department.
(F) The grantee shall maintain documentation of the after school
program plan for a minimum of five years.
(2) The department shall monitor this review as part of its onsite
monitoring process.

8482.4. (a) The department shall review applications submitted
under this article to determine whether the applicable requirements
in subdivision (f) of Section 8482.3 have been fulfilled.
(b) The department shall use the per-pupil formulas established
pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of
Section 8483.7 and the targeted number of pupils to be served, as
established pursuant to paragraph (9) of subdivision (f) of Section
8482.3, to determine the appropriate grant amount.
(c) A grantee that establishes a program pursuant to this chapter
is eligible to receive a three-year renewable grant subject to
semi-annual reporting. Funding for a grant shall be allocated in
annual increments for a period of not more than three years,
contingent upon the availability of funds for those grants pursuant
to Section 8483.5.
(d) 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.
(e) 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.
(f) The department shall allocate 65 percent of the first-year
grant amount no later than 30 days after the grantee submits the
grant award acceptance letter to the department. Of the remaining 35
percent of the grant, the department shall allocate 25 percent or
more of the funds within the operational period of the program and
may retain up to 10 percent of the total grant until all
administrative requirements of the grant have been met. For the
second and subsequent years of the grant, the department shall
allocate 65 percent of the annual grant amount for that year no later
than 30 days after the annual Budget Act becomes effective. Of the
remaining 35 percent of the grant, the department shall allocate 25
percent or more of the funds within the operational period of the
program and may retain up to 10 percent of the total grant until all
administrative requirements of the grant have been met.
(g) The Advisory Committee on Before and After School Programs
shall make recommendations on reporting requirements for program
evaluation and review consistent with subdivision (b) of Section
8483.55 to the department on or before June 30, 2007. The department
shall review the committee's recommendations and present them, along
with the department's recommendations, to the state board on or
before September 30, 2007. The state board shall adopt requirements
for program evaluation and review on or before November 30, 2007.
(h) (1) The department shall provide notice to all schools
eligible for grants pursuant to this article regarding the
availability of those grants and the application process.
(2) The department shall make the application available through
its Internet Web site. The department shall determine the dates by
which applications will be periodically considered for funding.

8482.5. (a) Priority for funding programs established pursuant to
this article shall be given to schools where a minimum of 50 percent
of the pupils in elementary schools and 50 percent of the pupils in
middle and junior high schools are eligible for free or reduced cost
meals through the school lunch program of the United States
Department of Agriculture.
(b) Every program established pursuant to this article shall be
planned through a collaborative process that includes parents, youth,
and representatives of participating public schools, governmental
agencies, such as city and county parks and recreation departments,
local law enforcement, community organizations, and the private
sector.

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 prior to 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 prior to 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 direct
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.

8482.6. 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
is not required to charge family fees or conduct individual
eligibility determination based on need or income.

8482.8. (a) If there is a significant barrier to pupil
participation in a program established pursuant to this article at
the school of attendance for either the before school or the after
school component, an applicant may request approval from the
Superintendent, prior to or during the grant application process, to
provide services at another schoolsite for that component. An
applicant that requests approval shall describe the manner in which
the applicant intends to provide safe, supervised transportation
between schoolsites; 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 align 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 either 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.
(c) In addition to the authority to transfer funds among school
programs pursuant to Sections 8483.7 and 8483.75, and in addition to
the flexibility provided by subdivisions (a) and (b), a program
grantee that is temporarily prevented from operating a program
established pursuant to this article at the program site due to
natural disaster, civil unrest, or imminent danger to pupils or staff
may shift program funds to the sites of other programs established
pursuant to this article to meet attendance targets during that time
period.
(d) 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 recommend, and the
state board may approve, a request by the grantee for payment equal
to the amount of funding the grantee would have received if it had
been able to operate its entire program during that time period.
(e) Upon the request of a program grantee, the state board may
approve other unforeseen events as qualifying a program grantee to
use the authority provided by subdivisions (c) and (d).

8483. (a) (1) Every after school component of a program established
pursuant to this article shall commence immediately upon the
conclusion of the regular schoolday, and operate a minimum of 15
hours per week, and at least until 6 p.m. on every regular schoolday.
Every after school component of the program shall establish a policy
regarding reasonable early daily release of pupils from the program.
For those programs or schoolsites operating in a community where the
early release policy does not meet the unique needs of that
community or school, or both, documented evidence may be submitted to
the department for an exception and a request for approval of an
alternative plan.
(2) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of nine hours a week and three days a
week to accomplish program goals.
(3) In order to develop an age-appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
(b) The administrators of a program established pursuant to this
article have the option of operating during 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.

8483.1. (a) (1) Every before school program component established
pursuant to this article shall in no instance operate for less than
one and one-half hours per regular schoolday. Every program shall
establish a policy regarding reasonable late daily arrival of pupils
to the program.
(2) (A) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of six hours a week or three days a week
to accomplish program goals, except when arriving late in accordance
with the late arrival policy described in paragraph (1) or as
reasonably necessary.
(B) A pupil who attends less than one-half of the daily program
hours shall not be counted for the purposes of attendance.
(3) In order to develop an age-appropriate before school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
(b) The administrators of a before school program established
pursuant to this article shall have the option of operating during
any combination of summer, intersession, or vacation periods for a
minimum of two hours per day for the regular school year pursuant to
Section 8483.75.
(c) Every before school program component established pursuant to
this article shall offer a breakfast meal as described by Section
49553 for all program participants.

8483.2. Notwithstanding any other provision of this article, any
program electing to operate both a before and after school component
for the same pupils during summer, intersession, or vacation periods
must operate these programs a minimum of four and one-half hours per
day.

8483.25. The State Department of Education shall provide notice to
all schools eligible for grants under this article of the
availability of such grants as well as the process for making
application.

8483.3. (a) The department shall select applicants to participate
in the program established pursuant to this article from among
applicants that apply on forms and in a manner prescribed by the
department. It is the intent of the Legislature that the manner
prescribed by the department, to the extent possible, allow for short
and concise applicant responses. To the extent possible, the
selection of applicants by the department shall result in an
equitable distribution of grant awards pursuant to Section 8483.7 to
applicants in northern, southern, and central California, and in
urban, suburban, and rural areas of California.
(b) The department shall consider the following in selecting
schools to participate in the program established pursuant to this
article:
(1) Percentage of pupils eligible for free and reduced lunch.
(2) Other indicators of need for the program, including, but not
limited to, socioeconomic status of the neighborhoods in which
participating pupils reside, the percentage of English language
learners at the school, and the availability of programs in the
community in which participating pupils reside.
(c) The application shall certify all of the following:
(1) Inclusion of an educational element.
(2) Inclusion of an enrichment element. These opportunities may
include arts, career technical education, recreation, technology, and
other activities to support positive youth development.
(3) That the program will provide a safe physical and emotional
environment and opportunities for relationship building, and promote
active pupil engagement.
(4) Staff training and development will be provided.
(5) Integration with the regular schoolday and other extended
learning opportunities.
(6) Community collaboration, including, but not limited to,
demonstrated support of the schoolsite principal and staff.
(7) Opportunities for physical activity.
(8) Inclusion of a nutritional snack.
(9) Fiscal accountability.
(10) Availability of required local matching funds.
(11) That the program will meet all of the evaluation
requirements.
(d) Subdivision (b) does not apply to an applicant school that
meets the priority criteria described in subdivision (a) of Section
8482.5.

8483.4. The administrator of every program established pursuant to
this article shall establish minimum qualifications for each staff
position that, at a minimum, ensure that all staff members who
directly supervise pupils meet the minimum qualifications for an
instructional aide, pursuant to the policies of the school district.
Selection of the program site supervisors shall be subject to the
approval of the schoolsite principal. The administrator shall also
ensure that the program maintains a pupil-to-staff member ratio of no
more than 20 to 1. All program staff and volunteers shall be subject
to the health screening and fingerprint clearance requirements in
current law and district policy for school personnel and volunteers
in the school district.

8483.5. (a) It is the intent of the Legislature that a minimum of
eighty-five million dollars ($85,000,000) be appropriated for the
program established pursuant to this article, through the annual
Budget Act. Of the funds appropriated for the program, current grant
recipients have priority for receiving continued funding for the same
purposes for which they previously received an award. This
subdivision shall be in effect only until June 30, 2004.
(b) Commencing with the fiscal year beginning July 1, 2004, and
for each fiscal year thereafter, there shall be continuously
appropriated to the State Department of Education from the General
Fund for the program established pursuant to this article an amount
not to exceed five hundred fifty million dollars ($550,000,000) that
is the greater of (1) an amount equal to the appropriation from the
General Fund for the program established pursuant to this article for
the immediately preceding fiscal year, or (2) an amount equal to the
sum of (A) the appropriation from the General Fund for the program
established pursuant to this article for fiscal year 2003-04 and (B)
the amount by which the state's non-guaranteed General Fund
appropriations for the current fiscal year exceed the sum of (i) the
amount of the state's non-guaranteed General Fund appropriations for
the base year plus (ii) one billion five hundred million dollars
($1,500,000,000). Nothing in this section prohibits the Legislature
from appropriating funds for the program established pursuant to this
article in excess of this continuous appropriation.
(c) For purposes of this section, the term "state's non-guaranteed
General Fund appropriations" shall mean those General Fund
appropriations of the state in a fiscal year other than those
appropriations guaranteed to be applied by the state for the support
of school districts and community college districts pursuant to
Sections 8 and 8.5 of Article XVI of the California Constitution. For
purposes of this section, the "base year" is the fiscal year during
the period July 1, 2000 through June 30, 2004 for which the state's
non-guaranteed General Fund appropriations are the highest as
compared to any other fiscal year during such period.
(d) Notwithstanding subdivision (b), in any fiscal year in which
the Legislature has legal authority pursuant to paragraph (3) of
subdivision (b) of Section 8 of Article XVI of the California
Constitution to reduce the moneys applied by the state for the
support of school districts and community college districts for the
current fiscal year as compared to the moneys applied by the state
for the support of school districts and community colleges during the
immediately preceding fiscal year, the continuous appropriation
pursuant to subdivision (b) shall be reduced for that fiscal year by
the same percentage by which the moneys applied by the state for the
support of school districts and community college districts in the
current fiscal year is less than the moneys applied by the state for
the support of school districts and community college districts
during the immediately preceding fiscal year.
(e) All funds expended pursuant to this article shall be used only
for the purposes expressed in this article. Except for funds
expended pursuant to subdivision (b) of Section 8482.55, all funds
expended pursuant to this article shall be used to supplement and not
supplant existing levels of service.

8483.51. For purposes of Section 8483.5, the term "continuously
appropriated" shall not be construed to mean "without regard to
fiscal year." The funds appropriated pursuant to subdivision (b) of
Section 8483.5 are available for encumbrance for one year after the
date upon which they first become available for encumbrance and are
subject to Section 16304.1 of the Government Code.

8483.55. (a) From the funds appropriated pursuant to subdivision
(b) of Section 8483.5, the department may spend 1.5 percent to cover
evaluation costs and to provide training and support to ensure
quality program implementation, development, and sustainability and
may pay its costs of awarding and monitoring grants.
(b) Beginning with the 2006-07 fiscal year, 1.5 percent of the
funds appropriated pursuant to this article shall be available to the
department for purposes of providing technical assistance,
evaluation, and training services, and for providing local assistance
funds to support program improvement and technical assistance.
(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. The department shall allocate an appropriate level of
technical assistance funds to the regional system of support to
support program startup within 45 days after grant awards to
programs.
(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 paragraph (2) 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.
(c) The department shall contract for 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 the
program. 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 8484.
(2) Data adopted through the process outlined in subdivision (b)
of Section 8421.5 and subdivision (g) of Section 8482.4.
(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.
(6) Quality of program drawing on the research of the Academy of
Sciences on critical features of programs that support healthy youth
development.
(7) The participation rates of local educational agencies.
(8) Local partnerships.
(9) The academic performance of participating pupils in English
language arts and mathematics, as measured by the results of the
Standardized Testing and Reporting (STAR) Program established
pursuant to Section 60640.
(d) A final report shall be submitted to the Governor and the
Legislature on or before December 1, 2011. The final report shall
include, but not be limited to, all of the following:
(1) Updated data on the measures specified in subdivision (b),
including, but not limited to, changes in those measures.
(2) The prevalence and frequency of activities included in funded
programs.

8483.6. Notwithstanding subdivision (f) of Section 41202, in any
fiscal year commencing with the fiscal year beginning July 1, 2004,
that portion of any continuous appropriation made by Section 8483.5
for the program established pursuant to this article which is in
excess of the amount appropriated for the program established
pursuant to this article for the immediately preceding fiscal year
shall not be appropriated until the Legislature has appropriated sums
sufficient to fully fund the requirements of Sections 8 and 8.5 of
Article XVI of the California Constitution for that year and shall be
appropriated in addition to the sums required by, and shall not be
considered towards fulfilling the funding requirements of, Sections 8
and 8.5 of Article XVI of the California Constitution for that
fiscal year.

8483.7. (a) (1) (A) Each school that establishes a program pursuant
to this article is eligible to receive a three-year direct 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.
(i) 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.
(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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) The department may terminate the grant of any site or program
that does not comply with fiscal reporting, attendance reporting, or
outcomes reporting requirements established by the department and
pursuant to Section 8484. The department may withhold the grant
allocation for a program or site if the prior grant year's fiscal or
attendance reporting remains outstanding, until the reports have been
filed with the department.
(vii) Notwithstanding any other provision of this subdivision or
any other provision of law, after the technical assistance required
under clause (i) has been provided, the department may at any time
terminate the grant of any 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) Attain 75 percent of its proposed attendance level after
having had its program reviewed and grant level adjusted by the
department.
(B) Direct grants may be awarded to applicants that have
demonstrated readiness to begin operation of a program or to expand
existing programs.
(C) The maximum total direct 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 direct grant
amount for which a site is eligible based on a formula of seven
dollars and fifty cents ($7.50) 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.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply one hundred thirteen dollars
($113) 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 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 (C)
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) A school that establishes a program pursuant to this section
is eligible to receive a supplemental grant to operate the program in
excess of 180 regular schooldays or during any combination of
summer, intersession, or vacation periods for a maximum of the lesser
of the following amounts:
(A) Seven dollars and fifty cents ($7.50) per day per pupil.
(B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to subparagraph (C) of paragraph (1).
(5) 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.
(6) (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.
(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 utilized 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.

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 direct 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) The Superintendent shall determine the total annual direct
grant amount for which a site is eligible based on a formula of five
dollars ($5) 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.
(2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
(A) For elementary schools, multiply seventy-five dollars ($75) 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) 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 article
is eligible to receive a supplemental grant to operate the program in
excess of 180 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 utilized 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.

8483.8. In any fiscal year, if a program participant receives state
funds to operate a program pursuant to this article that are in an
amount in excess of the amount warranted, due to the program serving
fewer pupils than planned, to raising an inadequate amount of
matching funds, or for any other reason, the State Department of
Education shall reduce any subsequent allocations by an amount equal
to that overpayment. If the program participant discontinues
participation in the program and no allocations are made after the
determination that an overpayment has been made, the State Department
of Education shall take the following action:
(a) In the case of local education agencies, the State Department
of Education shall bill the agencies for the amount of the
overpayment. If payment is not received within three months of the
billing invoice date, an amount equal to the amount of the
overpayment shall be withheld from the next principal apportionment
to the agency.
(b) In the case of entities other than local education agencies,
the State Department of Education shall bill the entities for the
amount of the overpayment, and pursue appropriate legal remedies if
not paid.

8483.9. (a) A program participant receiving funding pursuant to
this article may expend on indirect costs no more than the lesser of
the following:
(1) The school district's indirect cost rate, as approved by the
department for the appropriate fiscal year.
(2) Five percent of the state program funding received pursuant to
this article.
(b) A program participant receiving state funding pursuant to this
article may expend no more than 15 percent of that funding on
administrative costs, which funding need not be earned through pupil
attendance. For purposes of this section, administrative costs shall
include indirect costs, as described in subdivision (a).
(c) A program participant receiving state funding pursuant to this
program shall ensure that no less than 85 percent of that funding is
allocated to schoolsites for direct services to pupils. The cost of
a program site supervisor selected pursuant to Section 8483.4 may be
included as direct services, provided that at least 85 percent of the
site supervisor's time is spent at the program site.

8484. (a) As required by the department, programs established
pursuant to this article shall submit annual outcome-based data for
evaluation, including research-based indicators and measurable pupil
outcomes for academic performance, attendance, and positive
behavioral changes. The department may consider these outcomes when
determining eligibility for grant renewal.
(1) To demonstrate program effectiveness, grantees shall submit
both of the following:
(A) Schoolday attendance on an annual basis.
(B) Program attendance.
(2) To demonstrate program effectiveness based upon individual
program focus, programs shall submit one or more of the following
measures annually:
(A) Positive behavioral changes, as reported by schoolday teachers
or after school staff who directly supervise pupils.
(B) Pupil Standardized Testing and Reporting (STAR) Program test
scores.
(C) Homework completion rates as reported by schoolday teachers or
after school staff who directly supervise pupils.
(D) Skill development as reported by schoolday teachers or after
school staff who directly supervise pupils.
(E) The department may develop additional measures for this
paragraph. Any additions shall be developed in consultation with the
evaluation committee of the advisory committee.
(3) Programs shall submit information adopted through the process
outlined in subdivision (c).
(b) (1) If a program consistently fails to demonstrate measurable
program outcomes for three consecutive years, the department may
terminate the program as described in subdivision (a) of Section
8483.7. The department shall consider multiple outcomes and not rely
on one outcome in isolation.
(2) For purposes of this section, "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
paragraph.
(4) For purposes of subparagraph (B) of paragraph (2) of
subdivision (a), program effectiveness may be demonstrated using
performance levels from the STAR Program by any of the following:
(A) The grantee documents that the percentage of pupils performing
at the far below basic level declined.
(B) The grantee documents that the percentage of pupils performing
above the far below basic and below basic levels increased.
(C) The grantee documents that the percentage of pupils who
performed at or above the basic level increased.
(D) The grantee documents that pupils participating in the program
performed better in a year-to-year comparison of the results of the
STAR Program than their peers who were not participating in the
program.
(c) The department shall develop standardized procedures and tools
to collect the indicators in paragraphs (1) and (2) of subdivision
(a). The department shall consult with the evaluation committee of
the Advisory Committee on Before and After School Programs pursuant
to Section 8484.9.

8484.1. To the extent consistent with federal and state privacy
laws, local educational agency grantees funded pursuant to this
article and Article 22.6 (commencing with Section 8484.7) may submit
the following pupil data to an operator of an after school program
with which the local educational agency has a contract:
(a) Schoolday attendance data.
(b) Standardized Testing and Reporting (STAR) Program test scores,
and scores on individual California Standards Tests.
(c) High school exit examination scores.
(d) English language development test placement or
reclassification scores.
(e) California Healthy Kids Survey results in aggregate form.

8484.3. (a) Programs established pursuant to this article shall not
be required to comply with the requirements of other provisions of
this chapter or requirements set forth in Chapter 19 of Division 1 of
Title 5 of the California Code of Regulations.
(b) Notwithstanding any other provision of law or regulation, a
program operated by a city, county, or nonprofit organization
pursuant to this article may operate for up to 30 hours per week
without obtaining a license or special permit under Chapter 3.4
(commencing with Section 1596.70) or Chapter 3.5 (commencing with
Section 1596.90) of Division 2 of the Health and Safety Code.

8484.5. (a) All school-based before and after school programs
established pursuant to Section 8481 that are in operation on the
date of the enactment of the act adding this section shall elect one
of the following options on or before July 1, 1999:
(1) Continuing operation as a schoolage community child care
services program pursuant to the remaining operative provisions of
Article 22 (commencing with Section 8460).
(2) Operating as an After School Learning and Safe Neighborhoods
Partnerships Program pursuant to this article.
(b) It is the intent of the Legislature that any appropriation for
programs established pursuant to Section 8481 be redirected to the
appropriation made for programs established pursuant to Article 22
(commencing with Section 8460) or to the appropriation made for
programs established pursuant to this article. The State Department
of Education shall report the amounts that shall be redirected
pursuant to this subdivision to the Department of Finance for
approval and adjustment of the budget. The Controller shall adjust
the appropriation amounts in accordance with budget revisions
approved for this purpose by the Department of Finance.

8484.6. (a) Programs established pursuant to this article may be
conducted upon the grounds of a community park, recreational
facility, or other site as approved by the State Department of
Education in the grant application process. Offsite programs shall
align the educational and literacy component of the program with
participating pupils' regular school programs. No program located off
school grounds shall be approved unless safe transportation is
provided to the pupils enrolled in the program. Any reference to
schoolsite as a physical location in this article shall mean
schoolsite or other site as provided by this section.
(b) An offsite program conducted pursuant to this section shall
comply with all statutory and regulatory requirements that are
applicable to similar programs conducted on the schoolsite.