Expanded Learning Opportunities Program FAQsAssembly Bill (AB) 130 Expanded Learning Opportunities (ELO) Program frequently asked questions.
The Expanded Learning Opportunities (ELO) Program provides funding for afterschool and summer school enrichment programs for kindergarten (including transitional kindergarten) through sixth grade as described in Education Code (EC) Section 46120. The ELO Program is established beginning in fiscal year 2021–22 by Assembly Bill (AB) 130, Chapter 44, Statutes of 2021, as amended by AB 167, Chapter 252, Statutes of 2021. Funding for the 2021–22 ELO Program is provided in Item 6100-110-0001 of the Budget Act of 2021 (Senate Bill 129, Chapter 69, Statutes of 2021), and EC Section 46120(f).
Can unduplicated students, currently being served in After School Education and Safety (ASES)/21st Century Community Learning Centers (CCLC) programs, count towards a local educational agency’s (LEA’s) ELO Program requirements?
Yes. Existing ASES and 21st CCLC funded slots can count towards the ELO Program requirements. The ASES, 21st CCLC Elementary/Middle School, and the ELO Program should be considered a single, comprehensive program. In coordinating all these funding streams to move towards a single program, the expectation is that the most stringent requirements will be adopted for program guidance.
Can the ELO Program funding be used for the local match for ASES funds?
Yes. The ELO Program funding can be used for the local match for ASES, as it is the intent that ASES, 21stCCLC Elementary/Middle School, and the ELO Program funding be considered a single comprehensive program. The expectation is that a substantial number of new students will be served beyond the ASES enrollment, in accordance with ELO Program requirements (see FAQ #4 for more information on ELO Program access requirements).
Is there a grace period for LEAs to ramp their programs and partners up, or are they expected to be compliant on the first day of their 2021–22 school year?
Yes. There will be a grace period as programs will not be required to be compliant in meeting the requirement of 50 percent of unduplicated student enrollment on the first day of the 2021–22 school year. The intent is for LEAs to grow their capacity and meet the 50 percent enrollment in the first year.
For example, while the program operates for the intended hours every school day, the program might initially start serving a smaller number of children while they work on hiring and training additional staff. Over time, more staff and students should be added to reach the intended enrollment target during the 2021–22 school year.
What is the ELO Program access requirement?
For fiscal year 2021–22, statute requires LEAs to offer the ELO Program to all transitional kindergarten (TK)/K-6 classroom based unduplicated pupils and to provide program access to at least 50% of enrolled TK/K–6 classroom-based unduplicated pupils. Further, statute provides flexibility for 2021–22 funds to be used to develop an ELO Program or provide services. However, the offering requirement is not a condition of apportionment and LEAs will not be audited for the program until the 2022–23 fiscal year.
Commencing with the 2022–23 fiscal year, as a condition of apportionment, the access requirements are as follows, and will be verified as part of the LEA’s annual audit:
- LEAs with an unduplicated pupil percentage (UPP) equal to or higher than 80%, will be required to offer the ELO Program to all TK/K-6 classroom-based pupils and provide program access to all TK/K-6 classroom-based pupils upon parent/guardian request.
- LEAs with a UPP lower than 80%, will be required to offer the ELO Program to all TK/K-6 classroom based unduplicated pupils and provide program access to 50% of enrolled TK/K-6 classroom-based unduplicated pupils.
The above requirements are for program offering and pupil access. The actual attendance of a student is based on the individual needs of the student and their family.
Are LEAs required to use the ELO Program funds to serve only transitional kindergarten (TK) and K–6 or can an LEA use those funds to serve another student grade level, such as middle or high school?
Starting in the 2022–23 school year, LEAs receiving ELO Program funding must meet all TK/K–6 requirements, which includes offering a minimum of no less than nine hours of combined instructional time and expanded learning opportunities per instructional day for all students in TK/K–6. Once that requirement is met, an LEA may exceed the requirements and serve additional grade spans and/or provide expanded hours of programming. (EC Section 46120[b])
Additionally, LEAs may combine multiple funding sources to meet these requirements. For example, if a school district is serving their TK/K students in an expanded day using other funding sources then some of the ELO Program funds can serve older students or to offer expanded program hours beyond the required minimum nine hours for the TK/K–6 community. (EC Section 46120[b])
Can funding for ELO Programs be used to provide expanded learning services to students during the school day?
No. EC Section 46120(b)(1) provides that ELO Program funding shall be expended to develop or provide ELO Programs or services in accordance with ELO Program requirements. ELO Programs are operated either before school, after school, before and after school, or during intersessional periods, and not during the school day. School days are described in EC sections 46100 and 46110 to 46119, inclusive (for school districts), and on days which school is taught for the purpose of meeting the 175-instructional-day offering (for charter schools) as described in Section 11960 of Title 5 of the California Code of Regulations.
What happens to funds not spent in the 2021–22 school year?
LEAs have until June 30, 2023, to spend funds allocated for the 2021–22 school year (EC Section 46120[d]). All carry over funding must be spent on ELO Program services. ELO Program funding can only be used for ELO Program related expenses.
What are the allowable expenses (e.g., transportation for field trips and/or program, staff bonuses, facility leases, storage, janitorial services, and so on)?
The California Department of Education is not approving or denying individual LEA requests for allowable expenditures. All expenditures should be consistent with statute and the LEA’s program plan, which is approved by the governing board, in a public meeting and posted on the LEA’s website.
Can a LEA opt-out of the ELO Program funding and if so, what is the process?
LEAs that receive funds for classroom-based instructional programs that serve grades TK/K–6 cannot opt-out of the ELO Program funding. It is the intent of the Legislature that these LEAs offer to all unduplicated pupils starting in 2021–22, and all pupils in LEAs with at least 80 percent unduplicated pupil percentage starting in 2022–23, in classroom-based instructional programs in TK/K–6 access to comprehensive after school and intersessional expanded learning opportunities (EC sections 46120[a] and [b]), and thus the Legislature did not provide for an opt-out mechanism.
How are funding allocations impacted by failure to meet ELO Program requirements?
The ELO Program will be included in the annual audit beginning in 2022–23, at which time failure to meet program requirements will result in an audit finding and funding may be due back to the State.
What is the timeline for knowing/receiving allocations for the 2021–22 school year and beyond?
In 2021–22 only, a special apportionment equal to 55 percent of each LEA’s ELO Program entitlement was issued in Fall 2021. The remaining 45 percent will be issued in monthly payments from February 2022 through June 2022 according to the statutory Principal Apportionment payment schedule beginning with the 2021–22 First Principal Apportionment (P-1).
Starting in 2022–23, the ELO Program will be fully incorporated into the Principal Apportionment, and LEAs will receive payments according to the statutory monthly Principal Apportionment payment schedule based on ELO Program entitlements certified through the Principal Apportionment.
What are the Standardized Account Code Structure (SACS) codes for the ELO-Program?
For SACS coding, use Resource Code 2600, ELO Program, and Revenue Object Code 8590, All Other State Revenue.
Is TK included in the requirement to serve grades K–6, or is that considered an “optional” offering?
TK is included in the requirement because TK is operated as a program within kindergarten. The average daily attendance generated by TK students is included in the ELO Program entitlement calculation, so LEAs are receiving funding for the TK unduplicated students.
What is the significance of the 175-day reference in EC Section 46120(b)(1)(A)?
As mentioned in FAQ #7, pursuant to EC Section 46120(b)(1)(A), ELO Programs that are provided on school days are provided in-person before or after school so that, when added to daily instructional minutes, no less than nine hours of combined instructional time and expanded learning opportunities are provided per day.
School days are established under different statutes for school districts and charter schools. School days for districts are described in EC sections 46100 and 46110 to 46119, inclusive for school districts. The 175-day reference is used to help describe school days for charter schools. EC Section 46120(b)(1)(A) specifies that for charter schools school days are 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.