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Expanded Learning 2020-21 School Year Guidance

Senate Bill 98, Statutes of 2020 guidance for expanded learning programs 2020-21 school year, modified by Senate Bill 820, Statutes of 2020.

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Expanded Learning Division

Date: July 17, 2020 (Senate Bill 820, Statues of 2020, Modified on September 18, 2020)

Authority: Senate Bill 98 (Statutes of 2020)

Attention: After School Education and Safety (ASES) Program Grantees, 21st Century Community Learning Centers (CCLC) Elementary and Middle School Grantees, and 21st Century High School After School and Enrichment for Teens (ASSETs) Grantees

On June 29, 2020, Governor Newsom approved Senate Bill 98, which provides the California Department of Education (CDE) with the authority to waive sections of the California Education Code relating to program hours of operation, grant reductions due to attendance, and pupil-to-staff ratio requirements for before and after school programs. Section 97 of Senate Bill 98 states that the CDE “may waive the following provisions relating to before and after school programs during the 2020–21 school year to provide the needed flexibility to serve pupils during the COVID-19 pandemic”:

1. Subdivision (c) of Section 8421of the California Education Code (Added on September 18, 2020).

ASSETs

The CDE will waive the following requirements prescribed by California Education Code Section 8421(c) for the 2020–21 school year:

  • A program shall operate for a minimum of 15 hours per week.

2. Paragraphs (3) and (4) of subdivision (d) of Section 8426 of the California Education Code.

ASSETs

The California Education Code Section 8426(d)(3) provides the CDE “shall adjust the grant level of any school in the ASSETs program when the school is under its proposed attendance level by more than 15 percent of each of two consecutive years.”

The California Education Code Section 8426(d)(4) provides “in any year, after the first grant-year period, that the actual attendance level of a school within the (ASSETs) program falls below 75 percent of the proposed attendance level, the CDE shall perform a review of the program and may adjust the grant level as the CDE deems appropriate.”

The CDE will suspend grant reductions required by the California Education Code sections 8426(d)(3) and (4) for the 2020–21 school year.

3. Paragraph (1) of subdivision (a) of Section 8483 of the California Education Code.

ASES and 21st CCLC Elementary and Middle School—After School Base

The California Education Code sections 8483(a)(1)(A)(i)(ii), and (B) provide specific requirements on when ASES after school programs must start, minimum hours of operation per week, the time when ASES after school programs must end, and for ASES program operators to establish a reasonable early daily release policy.

The CDE will waive the following requirements prescribed by the California Education Code sections 8483(a)(1)(A)(i)(ii) and (B) for the 2020–21 school year:

  • Commence immediately upon the conclusion of the regular school day;
  • Operate a minimum of 15 hours per week;
  • Operate at least until 6 p.m. on every regular school day;
  • For Frontier sites operate at least until 5 p.m.; and
  • Establish a policy regarding reasonable early daily release of pupils from the program.

4. Paragraphs (1) and (2) of subdivision (a) of Section 8483.1 of the California Education Code.

ASES and 21st CCLC Elementary and Middle School Before School Base

The California Education Code sections 8483.1(a)(1) and (2) provide specific requirements for ASES before school programs relating to the minimum hours of operation per school day, program operators establishing a policy on daily late arrivals, and when pupils can be counted for attendance purposes.

The CDE will waive the following requirements prescribed by the California Education Code sections 8483.1(a)(1) and (2) for the 2020–21 school year:

  • Operate for less than one and one-half hours per regular school day;
  • Establish a policy regarding reasonable late daily arrival of pupils to the program; and
  • A pupil who attends less than one-half of the daily program hours shall not be counted for the purposes of attendance.

5. Section 8483.4 of the California Education Code.

ASES and 21st CCLC Elementary and Middle School Programs

The California Education Code Section 8483.4 pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1 of the California Education Code provides that the administrator of an ASES program shall ensure that the program maintains a pupil-to-staff ratio of no more than 20-to-1.

The CDE will waive the 20-to-1 ratio requirement prescribed by the California Education Code Section 8483.4 for the 2020–21 school year.

6. Subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 8483.7 of the California Education Code.

ASES and 21st CCLC Elementary and Middle School Programs

The California Education Code Section 8483.7(a)(1)(C)(i) provides that the CDE, “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.”

The California Education Code Section 8483.7(a)(1)(C)(ii) states the CDE shall adjust the grant level of any school within the program, that operates a school site located in an area that has a population density of less than 11 percent per square mile, if that program is under its targeted attendance level by more than 35 percent in each of two consecutive years.

The California Education Code Section 8483.7(a)(1)(D)(i), provides that the CDE, “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 CDE shall perform a review of the program and adjust the grant level as the CDE deems appropriate.”

The California Education Code Section 84837(a)(1)(D)(ii), states, “for a program that operates a school site located in an area that has a population density of less than 11 persons per square mile, the CDE shall perform a review of the program and adjust the grant level as the CDE deems appropriate, if, in any year after the initial grant year, the actual attendance level of a school within the program falls below 55 percent of the target attendance level.”

The CDE will suspend grant reductions required by the California Education Code sections 8483.7(a)(1)(C) and (D) for the 2020–21 school year.

7. Paragraph (5) of subdivision (a) of section 8483.7 of the California Education Code. (Added on September 18, 2020).

ASES

The California Education Code section 8483.7 (a) (5) provides that CDE provide “Additional funding may be made available for transportation in programs that meet the requirements of Section 8484.65, in an amount not to exceed fifteen thousand dollars ($15,000) per site, per school year, as funds are available, in accordance with the local community after school program needs as determined by the department. Programs shall submit to the department for consideration evidence of the need for after school transportation funds specific to after school programs pursuant to this article. Funding under this paragraph may be used to supplement, but not supplant, local transportation services."

The CDE will suspend this section of California Education Code for the 2020–21 school year to provide flexibility for the funds to be used for transportation services or to support students and the community.

Attendance Requirements

Attendance will be submitted into ASSIST. More guidance is forthcoming regarding attendance submission by grant type. (Before school, summer supplemental, after school base, etc.)

Procedures such as student enrollment, attendance taking, in addition to all local procedures will still be required and need to be applied.

NOTE: 21st CCLC Elementary and Middle School Grants

Sections of California Education Code that pertain to ASES also applies to the 21st CCLC Elementary and Middle School Grants.

Per the California Education Code Section 8484.75, the requirements of the ASES Program described in Article 22.5 (commencing with California Education Code Section 8482) apply to the program established by this article with the following exceptions as applicable:

(a) California Education Code sections 8482.5, 8482.55, 8483.5, 8483.55, 8483.6, 8483.7, 8483.75, and 8484.5 do not apply to this article.

The California Education Code Section 8484.8(e)(2) brings back the California Education Code sections 8483.7 and 8483.75, by stating: After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in the California Education Code sections 8483.7 and 8483.75.

Questions:   Expanded Learning Division | expandedlearning@cde.ca.gov | 916-319-0923
Last Reviewed: Friday, October 9, 2020
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