BILL NUMBER: AB 891 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Campos
FEBRUARY 26, 2015
An act to add Section 39800.1 to, and to amend
Sections 8482.6, 8483, and 8483.1 of, and to add Section 39800.1
to, the Education Code, and to add Article 3.7 (commencing
with Section 11340) to Chapter 2 of Part 3 of Division 9 of the
Welfare and Institutions Code, relating to low-income youth benefits.
LEGISLATIVE COUNSEL'S DIGEST
AB 891, as amended, Campos. Low-income youth: educational
attainment and success.
(1) The After School Education and Safety Program Act of 2002,
enacted by initiative statute, establishes the After School Education
and Safety Program to serve pupils in kindergarten and grades 1 to
9, inclusive, at participating public elementary, middle, junior
high, and charter schools. The act gives priority enrollment in both
after school and before school programs to pupils in middle school or
junior high school who attend daily.
This bill would instead give first priority enrollment to homeless
youth, as defined, 2nd priority enrollment to pupils in CalWORKs
assistance units, as described, and 3rd priority enrollment ,
for programs serving middle and junior high school pupils, to
pupils who attend the program daily.
The act provides that an after school and before school program is
not required to charge family fees or conduct individual eligibility
determination based on need or income.
This bill would prohibit a program that charges family fees from
charging a fee to a family with a homeless youth or a family who is
part of a CalWORKs assistance unit.
(2) Existing law authorizes the governing board of a school
district to provide for the transportation of pupils to and from
school whenever in the judgment of the board the transportation is
advisable and good reasons exist to do so.
This bill would require a pupil entitled to free or reduced-price
meals, or who attends a school that participates in the Community
Eligibility Option, to be entitled to free transportation to and from
school provided by the local educational agency, if certain
conditions are met. The bill would require the local educational
agency to designate a liaison to implement a plan, in consultation
with specified stakeholders, to ensure that all entitled pupils
receive free transportation in a timely manner.
By requiring new duties on a local educational agency, the bill
would impose a state-mandated local program.
(3) Existing law requires each county to provide cash assistance
and other social services to needy families through the California
Work Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds. Existing law specifies the amounts
of cash aid to be paid each month to CalWORKs recipients.
This bill would require that a $200 supplement to the amount of
cash aid provided under the program be paid to a CalWORKs recipient
19 years of age and under, upon verification that the recipient has
obtained a high school diploma or its equivalent.
The bill would also, among other things, require the State
Department of Social Services, in coordination with the State
Department of Education, to identify a method and to use that method
to track the high school completion rates of children in an
assistance unit, and to make publicly available an aggregate report
of these high school completion rates tracked by the department.
The bill would require the State Department of Social Services to,
in consultation with specified entities, design a youth subsidized
employment program for youth 15 to 19 years of age, inclusive, who
are eligible for benefits under this bill and needy youth, as
defined, and would require the program to provide paid employment,
occupational skills training, and other relevant services.
The bill would require a child in an assistance unit to receive,
in advance, a transportation service supplement to the amount of cash
aid provided under the program to pay for transportation services in
order for the child to participate in an After School Education and
Safety Program (ASES) program. (ASES).
By increasing county administrative duties, the bill would impose
a state-mandated local program.
The bill would authorize the State Department of Social Services
to implement the above provisions by all-county letters or similar
instructions until regulations are adopted and would require the
department to adopt regulations on or before January 1, 2018.
(4) Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) According to data released by the U.S. Census Bureau, without
a high school diploma, Americans are almost twice as likely to live
in poverty.
(2) Several independent academic studies indicate a marked
increase in school participation and graduation rates among children
who were guaranteed transportation to and from school.
(3) Research shows that pupils, especially girls, benefit from
improved health and academic outcomes when they participate in after
school programs.
(4) There is recent evidence suggesting that increasing access to
books can even mitigate the effects of poverty on school achievement
and literacy development.
(5) According to a recent report by California Attorney General
Kamala Harris, poverty and financial instability is the number one
cause of truancy in the state.
(6) Participation in a summer youth job program has been proven to
increase the high school graduation rate of children in low-income
homes.
(b) Based on the findings and declarations in subdivision (a), it
is the intent of the Legislature to enact legislation that would
support school participation and high school attainment among
low-income youth.
SEC. 2. Section 8482.6 of the Education Code is amended to read:
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. If a program
established pursuant to this article does charge family fees, the
program shall not charge a fee to a family with a child who is
identified as a homeless youth, as defined by the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et
seq.), or to a family who is part of a CalWORKs assistance unit, as
described in subdivision (a) of Section 11265.45 of the Welfare and
Institutions Code.
SEC. 3. Section 8483 of the Education Code is amended to read:
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.
(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.
(c) Priority for enrollment of pupils in an after school program
shall be as follows:
(1) First priority shall go to pupils who are identified as
homeless youth, as defined by the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(2) Second priority shall go to pupils who are members of a
CalWORKs assistance unit, as described in subdivision (a) of Section
11265.45 of the Welfare and Institutions Code.
(3) Third For programs serving
middle and junior high school pupils, third priority shall go
to pupils who attend daily.
SEC. 4. Section 8483.1 of the Education Code is amended to read:
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.
(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.
(d) Priority for enrollment of pupils in a before school program
shall be as follows:
(1) First priority shall go to pupils who are identified as
homeless youth, as defined in the federal McKinney-Vento Homeless
Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(2) Second priority shall go to pupils who are members of a
CalWORKs assistance unit, as described in subdivision (a) of Section
11265.45 of the Welfare and Institutions Code.
(3) Third For programs serving middle and
junior high school pupils, third priority shall go to pupils
who attend daily.
SEC. 5. Section 39800.1 is added to the Education Code, to read:
39800.1. (a) Notwithstanding any other law, a pupil entitled to
free or reduced-price meals, as that term is used in Section
42238.01, or who attends a school that participates in the Community
Eligibility Option, shall be entitled to free transportation, from
the local educational agency, to and from school, if either of the
following conditions are met:
(1) The pupil resides more than one-half mile from the school.
(2) The neighborhood through which the pupil must travel to get to
school is unsafe because of stray dogs, no sidewalks, known gang
activity, or another reason documented by stakeholders pursuant to
paragraph (c).
(b) (1) A local educational agency shall designate a liaison that
shall be responsible for implementing a plan to ensure that all
pupils entitled to free transportation pursuant to subdivision (a)
receive the transportation in a timely manner.
(2) The liaison shall be trained to identify and accommodate the
special rights of homeless youth, as defined to the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et
seq.), and pupils in a CalWORKs assistance unit, as described in
Section 11265.45 of the Welfare and Institutions Code. The
liaison shall facilitate access to school services including, but not
limited to, transportation services for the pupils described in this
paragraph.
(c) (1) The plan required by paragraph (1) of subdivision (b)
shall be developed with the consultation of teachers, school
administrators, regional local transit authorities, the Air Resources
Board, the Department of Transportation, parents, pupils, and other
stakeholders.
(2) The plan shall address the ability of pupils in the local
educational agency's jurisdiction to make regular visits to the
public library.
(d) If no free, dependable ,
and timely transportation is not available for
pupils entitled to transportation services pursuant to this section,
the local educational agency shall ensure that free transportation be
provided using its existing funds.
SEC. 6. Article 3.7 (commencing with Section 11340) is added to
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code, to read:
Article 3.7. Low-Income Youth Benefits
11340. (a) The department shall, in coordination with the State
Department of Education, identify a method and utilize that method to
track the high school completion rates of children in an assistance
unit. The department shall report to the Legislature no later than
July 1, 2016, if a change in statute is required in order to track
high school completion rates of children in an assistance unit.
(b) The department shall make publicly available an aggregate
report of the high school completion rates tracked by the department
pursuant to subdivision (a).
11341. To incentivize completion of high school or the equivalent
for recipients of aid 19 years of age and under, those recipients
shall, upon verification that the recipient has obtained a high
school diploma or its equivalent, receive a two-hundred-dollar ($200)
supplement to the amount of aid paid pursuant to Section 11450. The
supplement shall be paid directly to the recipient and shall be
disregarded as income in determining the income of the assistance
unit and the income of the CalFresh household if the recipient is
receiving CalFresh. Cal-Learn participants who are already eligible
for a similar incentive under Article 3.5 (commencing with Section
11331) are not eligible for the supplement established in this
subdivision.
11342. To support educational outcomes and physical fitness of
children in an assistance unit, a child in an assistance unit shall
receive, in advance, a transportation service supplement to the
amount of aid paid pursuant to Section 11450, as determined by the
department, to pay for transportation services in order for the child
to participate in an After School Education and Safety Program
(ASES) program established pursuant to Section
8482 of the Education Code.
11343. To support educational outcomes of children in an
assistance unit, the department shall coordinate with county human
services agencies and the State Department of Health Care Services to
annually inform assistance units of the need to have a child's
vision regularly examined and how to schedule an appointment with an
optometrist for children receiving Medi-Cal benefits.
11344. (a) The department shall, in consultation with county
human services agencies, programs created under the federal Workforce
Investment and Opportunity Act, State Community Services Block Grant
(CSBG) offices, and local CSBG entities, design a youth subsidized
employment program for youth 15 to 19 years of age, inclusive, who
are eligible for benefits under this chapter and needy youth, as
defined in subdivision (b). The program shall provide paid
employment, occupational skills training, and other relevant
services. The payment for employment and services provided under this
section shall be subject to the same financial participation as
payment under subdivision (a) of Section 11450.
(b) For the purposes of this section, "needy youth" mean
individuals 18 to 24 years of age, inclusive, whose family income,
which may include the youth living alone, is less than 200 percent of
the federal poverty level.
(c) All employers and caseworkers involved in this program shall
be trained in trauma-informed care and restorative justice practices.
(d) Income earned through the program created pursuant to this
section shall be disregarded as income in determining eligibility
for, or the amount of, aid under this section.
SEC. 7. Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
and until January 1, 2018, the State Department of Social Services
may implement Section 6 of this act by all-county letters or similar
instructions. Thereafter, the State Department of Social Services
shall adopt regulations to implement Section 6 of this act on or
before January 1, 2018.
SEC. 8. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of this act.
SEC. 9. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.