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Expanded Learning Opportunities Program FAQs

Assembly 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 California Education Code (EC)Section 46120, amended by AB 181 (Chapter 52, Statutes of 2022) and AB 185 (Chapter 571, Statutes of 2022).

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Program Requirements
Program Funding
Allowable Uses
Program Flexibility
Meals

Program Requirements

  1. Can a Local Educational Agency (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 transitional kindergarten/kindergarten through 6th (TK/K–6) cannot opt-out of the ELO Program funding. It is the intent of the Legislature that these LEAs offer comprehensive after school and intersessional expanded learning opportunities to all unduplicated pupils n TK/K-6 classroom-based instructional programs starting in 2021–22. Beginning in 2022-23, LEAs with at least 80 percent unduplicated pupil percentage must offer comprehensive after school and intersessional expanded learning opportunities to all pupils in TK/K-6 classroom-based instructional programs (EC sections 46120[a][1] and [b][1]), and thus the Legislature did not provide for an opt-out mechanism.

    This FAQ is being revised due to the passing of AB 185.

  2. Can an LEA go through the waiver process and not operate an ELO Program (Ed Code 33050)?

    No. There is no opting out of the ELO Program and there is no provision that will allow an LEA to apply for a waiver.

  3. What does it mean to make the ELO Program offering?

    LEAs can satisfy the offer requirement by conducting outreach to their pupils and families using culturally and linguistically effective/appropriate communication channels. Examples include, but are not limited to: website, email communication, handouts, announcements, etc.

    This FAQ is being revised due to the passing of AB 185.

  4. What does it mean to provide ELO Program access and how does an LEA demonstrate the requirement was met?
    Statute includes requirements for providing access to ELO Programs that are specific to fiscal year 2021-22 vs. future years and specific to LEA Unduplicated Pupil Percentage (UPP) level.

    For fiscal year 2021–22, statute requires LEAs to offer the ELO Program to all transitional kindergarten/kindergarten through 6th (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.

    For purposes of the audit beginning in 2022-23, an LEA may demonstrate the provided access requirement was met by showing the appropriate number of classroom-based students were enrolled in the program. A student that has an enrollment form signed by a parent and/or guardian on file, will be considered enrolled in the program. Alternatively, an LEA can also provide other appropriate evidence to show the provided access requirement was met. This evidence includes, but is not limited to: families opting out, the LEA demonstrating staff and building capacity, off-site accommodations, etc.

    This FAQ is being revised due to the passing of AB 185.

  5. Are LEAs required to use the ELO Program funds to serve only transitional kindergarten (TK) and Kindergarten through 6th (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][4]).

    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 be used to 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][7]).

    This FAQ is being revised due to the passing of AB 185.

  6. Can LEAs include ELO Program opportunities as part of the instructional minutes that establish the school day?

    No. Pursuant to Education Code Section 46120(b)(1)(A) ELO Programs that are provided on school days are provided in-person, before or after school and do not count towards daily instructional minutes.

    Instructional time is used to establish the school day and ELO Program opportunities offered before or after school are separate requirements. These are calculated separately to meet the combined nine hours per day requirement.

  7. How does an LEA calculate the minimum nine hours the ELO Program must be available to students?

    Based on current statute, LEAs must offer a minimum of nine hours combined instructional time and expanded learning time on each school day. When calculating instructional minutes, recess and lunch time are excluded from the calculation with the exception of recess for TK/kindergarten. The number of minutes of recess can be included in instructional time calculations for TK/kindergarten as long as students are under the immediate supervision of a certificated employee for the duration of the recess time.

    If proposed amendments to EC Section 46120(b)(1)(A) in the 2022-23 Governor’s Budget Omnibus Trailer Bill become law, this FAQ will be updated to reflect that LEAs will then be able to include recess and lunch in the calculation of the minimum of nine hours of combined instructional time and expanded learning time.

    This FAQ is being revised due to the passing of AB 185.

  8. What is the significance of the 175-day reference in EC Section 46120(b)(1)(A)?

    ELO Programs must be offered on all school days. 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 school districts are described in EC sections 46100 and 46110 to 46119, inclusive. 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.

    This FAQ is being revised due to the passing of AB 185.

  9. Is TK included in the requirement to serve grades K–6, or is that considered an “optional” offering?

    TK is not optional and 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.

    This FAQ is being revised due to the passing of AB 185.

  10. How should LEAs track attendance and expenditures?

    LEAs are encouraged to track student attendance for safety and Continuous Quality Improvement purposes. The method for tracking expenditures is a local decision.

Program Funding

  1. Who will receive ELO Program funding?

    Only an LEA defined as a school district or charter school that serves classroom-based instructional programs in grades TK/K-6, not including a charter school established pursuant to EC Section 47605.5, is eligible for funding.

  2. 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][7]). All carry over funding must be spent on ELO Program services. ELO Program funding can only be used for ELO Program related expenses. Funds that are not expended by June 30, 2023 will be due back to the State.

    This FAQ is being revised due to the passing of AB 185.

  3. How are funding allocations impacted by failure to meet ELO Program requirements?

    The ELO Program will be included in the annual audit beginning in fiscal year 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.

    Proposed amendments to EC Section 46120(c) in the 2022-23 Governor’s Budget Omnibus Trailer Bill create a proportionate penalty for school districts and charter schools that fail to meet ELO Program requirements. Should the proposed amendments become law, this FAQ will be updated accordingly.

    This FAQ is being revised due to the passing of AB 185.

  4. 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.

  5. 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.

Allowable Uses

  1. Can the ELO Program funding be used for the local match for After School Education and Safety (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).

  2. 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, 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.

    Additionally, ELO Programs shall operate for at least 30 nonschooldays, during intersessional periods, where no less than nine hours of in-person expanded learning opportunities are provided per day, pursuant to EC Section 46120(b)(1)(B).

    This FAQ is being revised due to the passing of AB 185.

  3. 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.

    This FAQ is being revised due to the passing of AB 185.

  4. Can a County Office of Education that is part of the System of Support for Expanded Learning engage with and include LEAs who are only funded by ELO Program funding and do not receive any ASES or 21st CCLC funding?

    Yes. There is nothing in Education Code that prohibits this work from being supported by ASES funding. It is permissible and expected that LEAs funded by the ELO Program apportionment have access to technical assistance opportunities provided by a County Office of Education that is part of the System of Support for Expanded Learning.

  5. Can ELO Program funding be used to fund an off-site ELO Program opportunity?

    Yes. ELO Program funding can be used to provide program access for students at off-site locations.

    This FAQ is being revised due to the passing of AB 185.

Program Flexibility

  1. 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.

    This FAQ is being revised due to the passing of AB 185.

  2. 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?

    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.

    This FAQ is being revised due to the passing of AB 185.

  3. Can LEAs develop a consortium to provide additional opportunities to students?

    Yes. LEAs can develop a consortium or partnership with other LEAs. Each LEA will be held accountable for its own ELO Program requirements.

  4. If LEAs running ASES merge the ELO Program funding, what happens with the ASES rule that allows closure of the program for 3-days to offer professional development?

    LEAs running a program funded by both ASES and the ELO Program will need to follow the most stringent program requirements. In this case, that would be the ELO Program, which requires that the program be operated every school day. The amount of time a pupil attends the program is based on the needs of the pupil and their family.

    This FAQ is being revised due to the passing of AB 185.

  5. Can ELO Program funding be used to for distance learning?

    No. Pursuant to Section 46120(b)(1)(A) The ELO Program funding is to be used for in-person before or after school expanded learning opportunities. This is also the requirement for the 30 nonschooldays, during intersessional periods, as well.

    LEAs can however, use virtually based enrichment, as long as students are in-person and supported by qualified staff that meets the ELO- Program required ratio.

    This FAQ is being revised due to the passing of AB 185.

  6. Where can an LEA find guidance and support for their ELO Program?

    Program tools, requirements and updated FAQs can be found on the California Department of Education ELO Program webpage. Additional guidance and support can be found with the Statewide System of Support for Expanded Learning webpage. The California Collaborative for Educational Excellence (CCEE) External link opens in new window or tab. and the California Afterschool Network (CAN) External link opens in new window or tab. both serve as program support for LEAs receiving ELO Program funding.

  7. Can ELO Program include Saturday School to meet the intersessional day requirement?

    No. Saturday School cannot be used to meet the intersessional day periods required by California EC Section 46120(b)(1)(B). Intersessional day periods must be nine hours of ELO Program activities which by definition "complement, but do not replicate, learning activities in the regular school day and school year." Saturday School has several programmatic requirements that are not aligned with ELO Program intersessional requirements (i.e. instructional time, staffing, potentially different population of students).
    For more information regarding the instructional time and attendance accounting requirements for Saturday School, please contact ATTENDANCEACCOUNTING@cde.ca.gov.

    Additionally, proposed legislative changes in the 2022–23 Budget Trailer Bill are expected to clarify “intersessional period” for the purpose of ELO Program requirements.

    This FAQ is being revised due to the passing of AB 185.

  8. Can LEAs build an ELO Program day around Saturday School in order to meet the nine-hour requirement?

    No. However, an LEA may operate an ELO Program, on days in which Saturday School is offered, if the LEA meets the necessary ELO Program requirements. If an LEA offered Saturday School and ELO Program on the same day, the Saturday School instructional time would not count as part of the nine hours of ELO Program intersessional day period requirements. Likewise, the ELO Program hours would not be counted as instructional minutes for Saturday School.

    Additionally, proposed legislative changes in the 2022–23 Budget Trailer Bill are expected to clarify “intersessional period” for the purpose of ELO Programs.

    This FAQ is being revised due to the passing of AB 185.

Meals

  1. What meal programs can be offered when summer school is in session?

    LEAs can provide meals through the NSLP, SBP or through the Summer Meal Programs when summer school is in session.

  2. When can meals be offered through the Federal School Nutrition Programs (SNP) including the National School Lunch (NSLP) or School Breakfast Programs (SBP)?

    Meals can be provided through the SBP and NSLP during school days only. This includes the traditional school year, minimum school days, Saturday school, and summer school.

  3. Our school is offering a summer school enrichment session that does not count towards instruction time. What meal programs can our school utilize to serve students during these enrichment-only periods?

    LEAs that meet area eligibility requirements may offer meals through the Summer Meal Programs. Because ELO Program opportunities do not count towards instructional time, LEAs may not serve SBP and NSLP, during ELO Program opportunities.

  4. Can ELO Program funds be used to cover costs associated with meals provided during enrichment activities?

    Yes, however, LEAs should first seek to qualify for a meal/snack nutrition program prior to using ELO Program funds. If the LEA includes food costs in their program plan then these funds can be used to cover the costs of meals and/or snacks provided during ELO Program activities. Please note, meals and snacks provided during these enrichment activities cannot be claimed under federal SNPs. The CDE is not approving or denying individual requests for allowable expenditures for ELO Program activities.

  5. Does the State Meal Mandate apply to ELO Program activities before school, after school, or during intersessional periods?

    No, the State Meal Mandate only applies to school days. While the mandate does not apply, LEAs are encouraged to meet the needs of their students.

  6. Who can I contact for questions related to the SNP or Summer Meal Programs?

    Specific questions about the SNP can be directed to the Nutrition Services Division team at SNPinfo@cde.ca.gov. For questions about the Summer Meal Programs, you can contact the Nutrition Services team at SFSP@cde.ca.gov.

Questions:   Expanded Learning Division | expandedlearning@cde.ca.gov | 916-319-0923
Last Reviewed: Wednesday, October 26, 2022
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