California-2021-AB2507-Amended

Amended IN Assembly March 28, 2022

Amended IN Assembly March 21, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2507

Introduced by Assembly Members McCarty and Carrillo

February 17, 2022

An act to amend Sections 8482.55, 8484.7, 8484.8, 46111, and 46120 of, and to add Sections 8482.56 and 8484.85 to, the Education Code, relating to pupil instruction, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 2507, as amended, McCarty. The Universal Afterschool Program: the After School Education and Safety Program: the 21st Century Community Learning Centers Program.

(1) Existing law establishes the Expanded Learning Opportunities Program to provide funds to school districts and certain charter schools to offer, outside of any instructional time, expanded learning opportunities, as defined, to pupils enrolled in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, under specified funding methodologies and program conditions.

This bill would rename the Expanded Learning Opportunities Program as the Universal Afterschool Program and would change references to “expanded learning opportunity programs” to instead refer to “afterschool programs.” The bill would express the intent of the Legislature to commit more public funding to provide pupils in grades 7 to 12, inclusive, with a welcoming and enriching space through afterschool programs.

(2) The After School Education and Safety Program Act of 2002, an initiative statute approved by the voters as Proposition 49 at the November 5, 2002, statewide general election, establishes the After School Education and Safety (ASES) Program under which participating public schools receive grants to operate before and after school programs serving pupils in kindergarten or any of grades 1 to 9, inclusive. The act requires an amount not to exceed $550,000,000 to be continuously appropriated to the State Department of Education from the General Fund in each fiscal year for purposes of the program, and requires the amount to be allocated to public elementary, middle, and junior high schools according to a specified priority scheme, as provided. The act authorizes the Legislature to amend the provisions containing that priority scheme only by a statute, enacted by a ²/₃ vote of each house and signed by the Governor, that furthers the purposes of the act.

This bill would require, notwithstanding any other law, commencing with the 2023–24 fiscal year, at least 30% of the total amount appropriated pursuant to the act or by the Legislature in the annual budget act or another statute or for purposes of the ASES program to be allocated on a priority basis for programs serving middle school pupils. The bill would set forth a legislative finding and declaration that the bill furthers the purposes of the act.

(3) Existing federal law establishes the 21st Century Community Learning Centers Program to provide pupils with academic enrichment and other activities during nonschool hours or periods when school is not in session, as provided. Under the program, of the total amount appropriated for after school grants to community learning centers, at least 50% is required to be allocated on a priority basis to community learning centers serving high school pupils and at least 40% is required to be allocated on a priority basis to community learning centers serving elementary and middle school pupils, as provided. In any fiscal year in which the total appropriation exceeds the 2008–09 fiscal year’s total appropriation for the program, the excess amount is required to be allocated on a priority basis as 35% to community learning centers serving high school pupils, 50% to community learning centers serving elementary and middle school pupils, and 15% to community learning centers with summer programs serving elementary and middle school pupils, as provided.

Commencing with the 2023–24 fiscal year, this bill instead would require 100% of the total amount appropriated pursuant to the program to be allocated on a priority basis to community learning centers serving high school pupils, with any remaining funds allocated to community learning centers serving middle school pupils. For excess funds in a fiscal year in which the total appropriation exceeds the 2008–09 fiscal year’s total appropriation for the program, the bill would instead require 100% of the excess funds to be allocated on a priority basis to certain community learning centers serving high school pupils, with any remaining excess funds for certain community learning centers serving ~~elementary and~~ middle school pupils, as specified.

(4) Commencing with the 2023–24 fiscal year, the bill would require the department, each fiscal year, to provide an add-on to a grant received under the After School Education and Safety Program of 2002 or the 21st Century Community Learning Centers Program to increase the grant by a specified cost-of-living adjustment, as provided. Commencing with the 2023–24 fiscal year, the bill would, each fiscal year, appropriate an amount necessary to implement these add-on grant provisions from the General Fund to the department for purposes of these provisions.

(5) This bill would also make nonsubstantive and conforming changes.

(6) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO

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

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) Research shows that participating in “afterschool programs,” including before school, after school, intersessional, and summer learning programs, improves children’s school attendance, reading and math performance, English language proficiency, grades, and behavior in class.

(2) Afterschool programs reduce childhood hunger by serving nutritious snacks and or meals daily and promote physical activity and healthy behaviors.

(3) Quality afterschool programs provide supportive and diverse mentors and are a safe space where pupils build social-emotional skills, confidence, and a sense of belonging and develop healthy relationships with their peers and adults.

(4) Pupils who participate in afterschool programs are more likely to graduate high school and have lower rates of suspension and expulsion, and less likely to become involved in the criminal justice system and abuse substances.

(5) Publicly funded afterschool programs help close the opportunity gap that exists between children from higher-income families and children from low-income families who could otherwise not afford enrichment activities and academic support.

(6) The state is committed to the goal of expanding universal access to afterschool programs to all school-aged children in the state to increase educational equity, help meet the needs of working families, and provide a safe and engaging place that promotes the physical, social, emotional, and academic growth and wellbeing of the whole child.

(7) The Budget Act of 2021 invested over one billion seven hundred million dollars ($1,700,000,000) to expand access to after school and summer learning programs for children in transitional kindergarten, kindergarten, and grades 1 to 6, inclusive, through the establishment of the Expanded Learning Opportunities Program, and stated the legislative intent to grow the state’s share of that investment to five billion dollars ($5,000,000,000) by 2025.

(b) It is the intent of the Legislature to commit more public funding to provide pupils in grades 7 to 12, inclusive, with a welcoming and enriching space through afterschool programs, and to especially help those pupils address the disconnection, stress, and trauma of the COVID-19 pandemic, and, in alignment with the state’s universal afterschool goals, to engage those pupils and provide the experiences and skills to succeed in school, career, and life.

SEC. 2.

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 apply 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.

(g) (1) Notwithstanding any other law, including subdivisions (a) through (f), inclusive, commencing with the 2023–24 fiscal year, at least 30 percent of the total amount appropriated pursuant to Section 8483.5 or by the Legislature in the annual budget act or another statute for After School Education and Safety Program grants shall be allocated on a priority basis for programs serving middle school pupils.

(2) Paragraph (1) shall apply only to new grants awarded pursuant to this article on or after the effective date of Assembly Bill 2507 of the 2021–22 Regular Session.

SEC. 3.

Section 8482.56 is added to the Education Code, immediately following Section 8482.55, to read:

8482.56.

(a) Notwithstanding any other law, commencing with the 2023–24 fiscal year, the department shall each fiscal year provide an add-on to a grant received under this article to increase the grant by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for that fiscal year.

(b) (1) Commencing with the 2023–24 fiscal year, an amount necessary to implement this section is hereby appropriated each fiscal year to the department for the purposes of this section.

(2) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made pursuant to paragraph (1) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the fiscal year in which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the appropriation is made.

SEC. 4.

Section 8484.7 of the Education Code is amended to read:

8484.7.

It is the intent of the Legislature that the 21st Century Community Learning Centers program contained within the federal No Child Left Behind Act of 2001 (Public Law 107-110) complement the After School Education and Safety Program established by Article 22.5 (commencing with Section 8482) and the Universal Afterschool Program established by Section 46120, to provide year-round opportunities for expanded learning, as defined in Section 8482.1, and to support the local flexibility needed to implement federal 21st Century Community Learning Centers programs through after school grants as specified in this article.

SEC. 5.

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.

(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) 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) If funds remain after funds have been allocated pursuant to subdivisions (a), (b), and (c), those funds shall be allocated to programs serving middle school pupils. The department shall allocate funds to each geographic region described in subdivision (k) 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 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 total annual grant award for after school funding and grants for a site serving middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements.

(g) Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following:

(1) Amendments made to this section by Chapter 555 of the Statutes of 2005.

(2) 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.

(h) 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) 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 pursuant to subdivision (b).

(j) 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) One hundred percent to community learning centers serving high school pupils.

(2) If funds remain after grant applications are approved for funding community learning centers that serve high school pupils consistent with paragraph (1), the department may award the remaining excess funds to community learning centers serving ~~elementary and~~ middle school pupils.

(k) (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) 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.

(m) The changes made to this section by Assembly Bill 2507 of the 2021–22 Regular Session shall apply only to new grants awarded pursuant to this article on or after the effective date of Assembly Bill 2507 of the 2021–22 Regular Session.

SEC. 6.

Section 8484.85 is added to the Education Code, immediately following Section 8484.8, to read:

8484.85.

(b) (1) Commencing with the 2023–24 fiscal year, an amount necessary to implement this section is hereby appropriated each fiscal year to the department for the purposes of this section.

SEC. 7.

Section 46111 of the Education Code is amended to read:

46111.

(a) (1) A pupil in a kindergarten shall not be kept in school in any day more than four hours excluding recesses except for pupils in Early Primary Programs, as set forth in Chapter 8 (commencing with Section 8970) of Part 6, and kindergarten pupils in afterschool programs intended to supplement instructional time provided by a school district pursuant to Section 46120.

(2) A pupil in a kindergarten in a school operating on a program of multitrack year-round scheduling pursuant to subdivision (a) of Section 37670 may be kept in school on any day for 265 minutes of instruction, excluding recesses.

(b) This section shall not apply to the Pasadena Unified School District or counties of the third class as determined pursuant to Section 28024 of the Government Code, as it read on January 1, 1977.

(c) This section shall not apply to the San Bernardino Unified School District with regard to any pupil of that district who is determined by the principal of the school in which that pupil is enrolled, pursuant to testing, teacher recommendation, or both, to be developmentally and academically suited for the longer instructional day.

SEC. 8.

Section 46120 of the Education Code is amended to read:

46120.

(a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive afterschool programs.

(2) The Universal Afterschool Program is hereby established.

(b) (1) (A) Commencing with the 2021–22 school year, local educational agencies that receive funds pursuant to subdivision (d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and provide to at least 50 percent of enrolled unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to afterschool programs. Funding received pursuant to this section for the 2021–22 school year shall be expended to develop an afterschool program or provide services in accordance with program requirements. Commencing with the 2022–23 school year, as a condition of receipt of funds allocated pursuant to subparagraph (A) of paragraph (1) of subdivision (d), all local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to afterschool programs, and shall ensure that access is provided to any pupil whose parent or guardian requests their placement in a program.

(B) Local educational agencies operating afterschool programs pursuant to this section shall ensure the afterschool programs meet both of the following conditions:

(i) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations, in-person expanded learning opportunities that, when added to daily instructional minutes, are no less than nine hours of combined instructional time and expanded learning opportunities per instructional day.

(ii) For at least 30 nonschooldays, during intersessional periods, no less than nine hours of in-person expanded learning opportunities per day.

(2) Local educational agencies operating afterschool programs pursuant to this section may, on schooldays, operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (g) of Section 8482.3, including the development of a program plan based on all of the following:

(A) The department’s guidance.

(B) Section 8482.6.

(D) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than 10 to 1.

(3) Local educational agencies shall prioritize services provided pursuant to this section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with afterschool programs across their attendance area.

(4) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in afterschool programs provided pursuant to this section.

(5) Local educational agencies may charge pupil fees for afterschool programs provided pursuant to this section, consistent with Section 8482.6.

(6) Local educational agencies are encouraged to collaborate with community-based organizations and childcare providers, especially those participating in state or federally subsidized childcare programs, to maximize the number of afterschool programs offered across their attendance areas.

(7) This section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an afterschool program is optional. Children eligible for an afterschool program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs.

(c) A local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b).

(d) (1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the annual Budget Act and in subdivision (f), if applicable, in the following manner:

(A) For local educational agencies with a prior year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 80 percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(B) For all other local educational agencies not receiving an allocation under subparagraph (A), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (f), if applicable, after the amount allocated pursuant to subparagraph (A), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(2) A local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000).

(3) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to afterschool programs.

(4) A local educational agency receiving funding pursuant to subparagraph (A) of paragraph (1) shall be provided at least three years of funding pursuant to subparagraph (A) of paragraph (1) upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (A) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph.

(5) It is the intent of the Legislature to increase rates for afterschool programs in future years to two thousand five hundred dollars ($2,500) per unduplicated pupil on a schedule to be determined each year in the annual Budget Act pursuant to the availability of funds, prioritizing increases based on the local control funding formula unduplicated pupil percentages calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 for local educational agencies.

(6) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than 175 calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure.

(7) For the 2021–22 fiscal year only, a school district or charter school may expend the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2022–23 fiscal year, inclusive.

(e) For purposes of this section, the following definitions apply:

(1) “Afterschool program” means a program of expanded learning opportunities that is offered to pupils before school, after school, both before and after school, in the summer, or during intersession. “Afterschool program” does not mean an extension of instructional time.

(2) “Expanded learning opportunities” means learning opportunities that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. “Expanded learning opportunities” includes opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities, and opportunities that are pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular schoolday and school year.

(3) “Local educational agency” means a school district or charter school, excluding a charter school established pursuant to Section 47605.5.

(4) “Unduplicated pupil” has the same meaning as in Section 42238.02.

(f) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the Universal Afterschool Program in the manner and for the purpose set forth in this section.

(g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (f) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.

SEC. 9.

The Legislature finds and declares that the amendment to add subdivision (g) to Section 8482.55 of the Education Code, made by Section 2 of this act, furthers the purposes of the After School Education and Safety Program Act of 2002.