AMENDED IN ASSEMBLY APRIL 21, 2026

AMENDED IN ASSEMBLY APRIL 6, 2026

AMENDED IN ASSEMBLY MARCH 19, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Muratsuchi

(Coauthor: Assembly Member Bonta)

February 20, 2026

An act to amend Sections 8422, 8428, 8482.55, and 46120 of, and to add Section 46121 to, the Education Code, and to amend Section 10224 of the Welfare and Institutions Code, relating to after school programs. programs, and making an appropriation therefor.

Vote: 2/3   Appropriation: yes   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

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 appropriate funds for the program in excess of this continuous appropriation. The act makes each public elementary, middle, and junior high school in the state eligible to receive a 3-year renewable after school grant for after school programs to be operated during the regular school year, as provided. The act authorizes the Legislature to amend the provisions containing the 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.

Existing law establishes the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program to create incentives for establishing after school enrichment programs to provide academic support and safe, constructive alternatives for high school pupils in the hours after the regular schoolday and to support college and career readiness. Under existing law, a High School ASSETs program is authorized to operate as either (1) an after school only program or (2) a program with both after school elements and any combination of before school, weekend, summer, intersession, or vacation elements.

This bill would establish the High School After School Education and Safety Grant Program as a component of the ASES Program. The bill would require program grantees to comply with the rules and requirements governing the High School ASSETs program, operate for up to 210 days per program year, program and provide a daily funding rate of $16 $13.81 per pupil. The bill would, commencing with the 2027–28 fiscal year January 1, 2027, and annually thereafter, and notwithstanding any other law, including the above-described priority scheme, require ASES Program appropriations in excess of the minimum requirement that have not been otherwise awarded, as provided, to be allocated to the department for expenditure consistent with the High School After School Education and Safety Grant Program. The bill would also require the department to annually allocate funds generated pursuant to the above-described nonrenewal of ASES grants for expenditure consistent with the High School After School Education and Safety Grant Program. By authorizing the expenditure of continuously appropriated funds for a new purpose, the bill would make an appropriation. The bill would require the department to allocate these funds pursuant to a specified hierarchy, with first priority given to existing High School ASSETs grantees to fund an increase in their per pupil daily rate to $16 and to expand the number of program offering days to up to 210 days, $13.81 and second priority given to fund new high school programs that comply with the grant requirements, as provided. The bill would require the department to ensure, for existing ASES Program grantees applying for a renewal of grant funds, that any funding reductions or eliminations as a result of the allocation for the High School After School Education and Safety Grant Program are distributed proportionally within each annual cycle of grantees, as provided. The bill would include a legislative finding and declaration that the bill furthers the purposes of the After School Education and Safety Program Act of 2002.

This bill would, for the purposes of attendance tracking for the High School ASSETs program, authorize pupils to be counted as attending twice if they participated in both an after school element and a before school element of a High School ASSETs program.

Existing law establishes the Expanded Learning Opportunities Program and requires the Superintendent of Public Instruction to allocate funding appropriated in the annual Budget Act to local educational agencies pursuant to specified rules based on those local educational agencies’ percentage of unduplicated pupils, as defined, and average daily attendance of pupils in kindergarten and grades 1 to 6, inclusive, as provided. Existing law requires local educational agencies to annually declare their operational intent to the department to run an expanded learning opportunity program.

This bill would, commencing with the 2027–28 fiscal year, and annually thereafter, require a local educational agency, before opting out of expanded learning opportunity program funding and programming for the year, to share with the department how the local educational agency meaningfully engaged and notified those families and pupils that would have otherwise received expanded learning opportunity program priority. To the extent this requirement imposes new duties on local educational agencies, the bill would impose a state-mandated local program. The bill would, commencing with the 2027–28 fiscal year and annually thereafter, require the department to publicly post on its internet website the list of local educational agencies that intend to not offer expanded learning opportunity programs.

This bill, commencing with the 2026–27 fiscal year, would require the department or a local educational agency designated by the department to convene a stakeholder workgroup with specified representatives to provide recommendations related to providing quality care to transitional kindergarten and kindergarten pupils, as provided, and submit a report to be posted on the department’s internet website on the full cost of providing accessible and quality expanded learning programs.

Existing law requires the department to develop and submit a biennial report to the Legislature related to the pupils attending, and the program quality of, expanded learning programs.

This bill would revise and recast these provisions by requiring the department to develop and submit an annual report to the Legislature related to the pupils attending expanded learning programs, including High School ASSETs programs, ASES programs, 21st Century Community Learning Centers, and expanded learning opportunities programs. The bill would require the report to include, among other things, data derived from the California Longitudinal Pupil Achievement Data System (CALPADS) and aggregate reporting on specified pupil information. The bill would require the department to make the data collected in CALPADS available and accessible to the public, at the local educational agency level, and would require the department to develop summaries of the annual report for policymakers and the public.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law establishes childcare resource and referral programs to serve a defined geographic area and provide prescribed services. Among the services provided by these programs is the establishment of a referral process that responds to parental need for information and that makes referrals to licensed child daycare facilities, as specified. Existing law requires, when making referrals, every agency operating both a direct service program and a resource and referral program to provide at least 4 referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control, and information to a family on the family’s ability to choose a license exempt provider.

This bill would require every resource and referral program to provide information about expanded learning opportunities programs in its region, as provided.

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 the statutory provisions noted above.

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

SECTION 1.

Section 8422 of the Education Code is amended to read:

8422.

(a) Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals.

(b) A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector.

(c) 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 may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals.

(d) A program established pursuant to this article shall have the option of operating under either of the following modes:

(1) After school only.

(2) (A) After school and during any combination of before school, weekends, summer, intersession, and vacation.

(B) For purposes of attendance tracking, pupils may be counted as attending twice if they participated in both an after school element and a before school element of a program described in subparagraph (A), if consistent with federal law.

SEC. 2.

Section 8428 of the Education Code is amended to read:

8428.

(a) The department shall develop, and submit in compliance with Section 9795 of the Government Code, an annual report to the Legislature related to the pupils attending expanded learning programs, including 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) programs established pursuant to this article, After School Education and Safety programs established pursuant to Article 22.5 (commencing with Section 8482), 21st Century Community Learning Centers programs established pursuant to Article 22.6 (commencing with Section 8484.7), and expanded learning opportunities programs established pursuant to Section 46120.

(1) The report shall include data that is derived from the California Longitudinal Pupil Achievement Data System (CALPADS) developed pursuant to Section 60900 by matching the unique statewide pupil identifiers with data in the department’s data systems. The report shall also include, but not be limited to, aggregate reporting of all of the following information:

(A) The distribution of enrolled pupils across local educational agencies.

(B) Pupil expanded learning program participation and schoolday attendance, and rates of chronic absenteeism.

(C) Pupil achievement as measured by standardized statewide testing.

(D) Pupil demographics and characteristics, including, but not limited to, aggregated information about pupil groups related to eligibility for free or reduced-price meals, multilingual learners, pupils in the foster system, pupils experiencing homelessness, and age, race, and ethnicity.

(E) Pupil suspension and expulsion data.

(F) Commencing with the 2027–28 school year, comparative metrics of the data reported pursuant to subparagraphs (A) to (E), inclusive, over time.

(2) The department shall make the data collected in CALPADS reported pursuant to paragraph (1) available and accessible to the public, at the local educational agency level.

(3) The department may include any of the following in the annual report:

(A) The quality of the programs, based on the department’s guidance on program quality standards developed pursuant to paragraph (3) of subdivision (a) of Section 8427.

(B) Additional data points as established by the department’s Expanded Learning Research and Evaluation Strategy Committee of stakeholders.

(b) The department shall develop and deliver timely, user-friendly, and succinct summaries of the report developed pursuant to subdivision (a), including CALPADS data, for policymakers and the public.

SEC. 3.

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) Except as provided in subdivision (g), 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) The High School After School Education and Safety Grant Program is hereby established as a component of the After School Education and Safety Program. Program grantees shall comply with all both of the following:

(A) The rules and requirements governing the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) Program established pursuant to Article 19 (commencing with Section 8420).

(B) (i) Provide a daily funding rate of sixteen dollars ($16) thirteen dollars and eighty-one cents ($13.81) per pupil.

(ii) For purposes of the daily funding rate, a pupil shall not be double counted if grants are awarded pursuant to both the High School After School Education and Safety Grant Program and the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program established pursuant to Article 19 (commencing with Section 8420).

(iii) For purposes of attendance tracking, pupils may be counted as attending twice if they participated in both a before school element and an after school element of a High School After School Education and Safety Grant Program.

(2) Notwithstanding any other law, including subdivisions (a) to (f), inclusive, commencing with the 2027–28 fiscal year, January 1, 2027, and annually thereafter, After School Education and Safety Program appropriations in excess of the minimum required pursuant to subdivision (b) of Section 8483.5 that have not been otherwise awarded pursuant to a grant that is operative before the 2027–28 fiscal year shall be allocated to the department for expenditure consistent with the terms of the High School After School Education and Safety Grant Program. Program appropriations shall be allocated in accordance with the following hierarchy:

(A) To fund, for existing ASSETs grantees, an ongoing increase in the daily funding rate per pupil to sixteen dollars ($16) and to expand the number of program offering days to up to 210 days. thirteen dollars and eighty-one cents ($13.81).

(4) Nothing in this subdivision shall authorize a reduction in the daily funding rate of ten dollars and eighteen cents ($10.18) per pupil for grants described in subdivisions (b) to (d), inclusive, funded pursuant to the appropriations required pursuant to subdivision (b) of Section 8483.5. The grants described in subdivisions (b) to (d), inclusive, funded pursuant to the appropriations required pursuant to subdivision (b) of Section 8483.5 shall continue to be funded at a daily funding rate of ten dollars and eighteen cents ($10.18) per pupil, unless amended by subsequent legislation.

(6) For purposes of this subdivision, the following definitions apply:

(A) “Existing ASES grantee” means a grantee who administered a program pursuant to this article as of January 1, 2026.

(B) “Existing ASSETs grantee” means a grantee who administered a program pursuant to the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) Program established pursuant to Article 19 (commencing with Section 8420) as of January 1, 2026.

(C) “Program” means the High School After School Education and Safety Grant Program established pursuant to paragraph (1).

SEC. 4.

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 after school and intersessional expanded learning opportunities.

(2) The Expanded Learning Opportunities Program is hereby established.

(b) (1) For the 2021–22 and 2022–23 school years, 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 expanded learning opportunity programs. Funding received pursuant to this section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements.

(2) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraphs (B) and (C) of paragraph (1) of subdivision (d), local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program.

(3) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (D) of paragraph (1) of subdivision (d), local educational agencies shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program.

(4) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to paragraph (1) of subdivision (d), expanded learning opportunity programs shall include all of the following:

(A) 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 180-instructional-day offering as described in Section 46208 for school districts and the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations for charter schools, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.

(B) (i) For at least 30 nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no fewer than nine hours of in-person expanded learning opportunities per day.

(ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are not fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day.

(C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no fewer than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no fewer than eight hours of in-person expanded learning opportunities on at least 30 nonschooldays.

(5) Local educational agencies operating expanded learning opportunity programs pursuant to this section may 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.

(C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (c) of Section 8483.3.

(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.

(6) 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 expanded learning opportunity programs across their attendance area.

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

(8) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with Section 8482.6.

(9) 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 expanded learning opportunity programs offered across their attendance areas.

(10) 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 expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs.

(11) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours.

(12) For a local educational agency that is temporarily prevented from operating its expanded learning opportunity program because of a school or program site closure due to emergency conditions listed in Section 41422 or subdivision (d) of Section 8482.8, and is not able to meet all of the requirements pursuant to paragraph (1), which is in fact shown by a resolution adopted by the governing board or body of the local educational agency, in addition to documentation substantiating the need for closure, the local educational agency shall not be subject to the penalty required pursuant to paragraphs (1) to (3), inclusive, of subdivision (c) as a result of the emergency.

(13) (A) An expanded learning opportunity program shall not be required to comply with the requirements of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 or the requirements set forth in Chapter 19 of Division 1 of Title 5 of the California Code of Regulations.

(B) Notwithstanding any other law, an expanded learning opportunity program operating pursuant to this section may operate without obtaining a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph.

(C) Notwithstanding subparagraph (B), an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code, as of June 1, 2023, shall maintain that license or permit capacity as a requirement of contracting pursuant to this section until June 30, 2025. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph.

(D) Nothing in this section exempts an expanded learning opportunity program operating pursuant to this section from complying with the child daycare facility license requirements set forth in Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code when serving children who do not participate in the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1), 21st Century Community Learning Centers (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1), or the Expanded Learning Opportunities Program pursuant to this section. If multiple funding sources are used to serve pupils in an expanded learning opportunity program, a conflict in program requirements shall be resolved in favor of the funding source with the stricter requirements.

(c) (1) (A) Commencing with the 2023–24 fiscal year, a local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b).

(B) Notwithstanding subparagraph (A), commencing with the 2025–26 fiscal year, a local educational agency that received funding pursuant to subparagraph (D) of paragraph (1) of subdivision (d) in the prior applicable fiscal year, and receives funding pursuant to subparagraph (C) of paragraph (1) of subdivision (d) in the current applicable fiscal year, shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with paragraph (3) of subdivision (b) for that current applicable fiscal year only and, for each fiscal year thereafter, shall be subject to an audit to determine compliance with paragraph (2) of subdivision (b).

(2) Commencing with the 2023–24 fiscal year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (2) or (3) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (d) an amount proportionate to the number of pupils to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph.

(3) (A) Commencing with the 2023–24 fiscal year, if a school district fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0048 times the school district’s apportionment for each day the school district fails to meet the day or hour requirements.

(B) Commencing with the 2023–24 fiscal year, if a charter school fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements.

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

(A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal 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 fiscal 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 fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(B) For the 2022–23 to 2024–25 fiscal years, inclusive, for local educational agencies with a prior fiscal 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 75 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal 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 fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(C) Commencing with the 2025–26 fiscal year, for local educational agencies with a prior fiscal 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 55 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal 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 fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(D) For all other local educational agencies not receiving an allocation under subparagraph (A), (B), or (C), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (h), if applicable, after the amount allocated pursuant to subparagraph (A), (B), or (C), 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. The per-unit rate pursuant to this subparagraph shall not exceed the per-unit rate pursuant to subparagraph (C).

(E) For purposes of allocating funding pursuant to subparagraphs (C) and (D) for the 2025–26 fiscal year only, the Superintendent shall calculate the difference between the prior fiscal year average daily attendance from the first period reported kindergarten and grades 1 to 6, inclusive, and the second period reported kindergarten and grades 1 to 6, inclusive, and, if there is a difference, allocate to the applicable local educational agency the amount of that difference attributable to the following local educational agencies:

(i) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.

(ii) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.

(iii) Alma Fuerte Public in the City of Pasadena.

(iv) The Los Angeles Unified School District and the Pasadena Unified School District.

(2) (A) For the 2021–22 fiscal year to the 2024–25 fiscal year, inclusive, 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).

(B) Commencing with the 2025–26 fiscal year, 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 one hundred thousand dollars ($100,000).

(3) (A) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to expanded learning opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities.

(B) Funds provided to a local educational agency pursuant to paragraph (1) may also be used to support attendance recovery pursuant to Article 9 (commencing with Section 46210) when attendance recovery is operated by a local educational agency in conjunction with, and on the same schoolsite as, its expanded learning opportunities program. A local educational agency that elects to use expanded learning opportunity program funds to support attendance recovery shall comply with the supervision requirements described in subdivision (f) of Section 46211.

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

(5) 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.

(6) (A) For the 2021–22 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2022–23 and 2023–24 fiscal years. Any encumbered funds pursuant to this paragraph that are not expended by the school district or charter school by September 30, 2024, shall be returned to the state.

(B) On or before October 31, 2024, each local educational agency that received an allocation pursuant to subparagraph (A), (B), or (D) of paragraph (1) for the 2021–22 fiscal year or the 2022–23 fiscal year shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the 2021–22 and 2022–23 fiscal years pursuant to subparagraphs (A), (B), and (D) of paragraph (1).

(C) (i) For the 2024–25 fiscal year, funds returned pursuant to subparagraph (A) shall be added to the amount of funds remaining from the appropriations in the calculation of the rate pursuant to subparagraph (D) of paragraph (1), and be expended consistent with paragraphs (9) and (10), up to the amount sufficient to provide the amount of two thousand dollars ($2,000) per unit of the local educational agency’s prior fiscal 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 fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year.

(ii) If there is insufficient funding to provide the full amount described in clause (i), the Superintendent may prorate that amount per unit.

(7) (A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of paragraph (1) shall be calculated as follows:

(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts.

(ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district. If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district.

(B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows:

(i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, the sum of the average daily attendance of the original school districts.

(ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district.

(iii) For a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district.

(iv) For purposes of clauses (i), (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district.

(8) (A) Beginning with the 2022–23 fiscal year, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds.

(B) Training and support shall include, but is not limited to, supporting local educational agencies with leveraging multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs.

(9) (A) Commencing with the 2023–24 fiscal year, any funds allocated pursuant to subparagraphs (B), (C), and (D) of paragraph (1) shall be expended by June 30 of the fiscal year following the fiscal year in which the appropriation is made. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state. On or before September 30 of the second fiscal year following the fiscal year in which the appropriation is made, each local educational agency receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the fiscal year pursuant to subparagraph (B), (C), or (D) of paragraph (1).

(B) If a charter school receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) ceases to operate, a final expenditure report, using a template developed by the department, shall be due to the department within 60 days of the effective date of closure. The department shall collect any unspent amounts from funds allocated to the charter school in that fiscal year and the immediately preceding fiscal year.

(10) (A) Commencing with the 2025–26 fiscal year and annually thereafter, local educational agencies shall annually declare their operational intent to the department to run an expanded learning opportunity program pursuant to this section in accordance with instructions and forms prescribed and furnished by the Superintendent.

(B) Commencing with the 2027–28 fiscal year, and annually thereafter, a local educational agency shall, before opting out of expanded learning opportunity program funding and programming pursuant to this section for the year, share with the department how they meaningfully engaged and notified those families and pupils that would have otherwise received expanded learning opportunity program priority.

(C) Commencing with the 2027–28 fiscal year, and annually thereafter, the department shall publicly post on its internet website the list of local educational agencies that do not intend to offer expanded learning opportunity programs pursuant to this section.

(D) To the extent possible, any funds made available by a local educational agency’s decision not to operate an expanded learning opportunity program pursuant to this section may be reallocated pursuant to subparagraph (D) of paragraph (1).

(e) Commencing with the 2023–24 school year, the Superintendent, in consultation with the State Department of Social Services, shall establish a process and a timeline for local educational agencies that contract with third-party providers to operate expanded learning opportunity programs at a location other than a local educational agency’s school campus pursuant to this section, and California state preschool program providers pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, to annually submit program access information to the department, which shall distribute a compiled list to the State Department of Social Services for purposes of Community Care Licensing Division data collection and submission to the local educational agency’s applicable resource and referral agency. Information required to be submitted under this subdivision shall include, but not be limited to, all of the following:

(1) The name, address, and telephone number of each third party.

(2) The number of pupils being served by each third party, as well as the grade levels of those pupils.

(3) The State Department of Social Services child daycare facility license number of each third party, if applicable.

(4) A single point of contact for each local educational agency regarding expanded learning opportunity programs.

(f) By February 1, 2024, the Superintendent, in consultation with the State Department of Social Services, shall submit a report to the relevant fiscal and policy committees of the Legislature that includes all of the following:

(1) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the fiscal year, and how many pupils are provided access to these programs.

(2) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during nonschooldays, and how many pupils are provided access to these programs.

(3) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site in the 2023–24 and 2024–25 fiscal years who are also licensed by the State Department of Social Services for purposes of community care licensing, the type of programs that are licensed by the State Department of Social Services for purposes of community care licensing, and how many pupils are provided access to their programs.

(4) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during the fiscal year, how many contractors they work with, and the number of pupils provided access to these programs, by grade.

(5) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during nonschooldays, how many contractors they work with, and the number of pupils provided access to these programs, by grade.

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

(1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities.

(2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of fewer than 11 persons per square mile.

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

(4) “Nonschooldays” means days not identified pursuant to subparagraph (A) of paragraph (4) of subdivision (b), inclusive of Saturdays, as described in Section 37223.

(5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels, including, but not limited to, publishing program availability information in local educational agency pupil enrollment forms, on the local educational agency internet website, and posted publicly at each program site in a location accessible to the public.

(6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program. If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program. For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another location that is established by the local educational agency.

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

(h) 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 Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section.

(i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (h) 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 XIIIB,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.

SEC. 5.

Section 46121 is added to the Education Code, immediately following Section 46120, to read:

46121.

(a) Commencing with the 2026–27 fiscal year, the department or a local educational agency designated by the department shall convene a stakeholder workgroup that includes, but is not limited to, representatives from the department, the Expanded Learning Division within the department, the Statewide System of Support for Expanded Learning leads, the state board, the Assembly, the Senate, the office of the Governor, the Department of Finance, families, pupils participating in expanded learning opportunities programs, local educational agencies, community-based organizations, early care and education organizations, rural communities, and employees of expanded learning opportunity programs.

(b) The workgroup shall be maintained through June 30, 2030. The workgroup shall do both of the following:

(1) On or before July 1, 2028, submit recommendations to the Legislature and the Governor on funding rates that reflect the difference in the cost of providing quality care to transitional kindergarten and kindergarten pupils, the stabilization of Tier 1 and 2 rates, and minimum rate levels that allow quality care.

(2) Submit a report to be posted on the department’s internet website on the full cost of providing accessible and quality expanded learning programs.

(c) Notwithstanding any other law, the department may subcontract as necessary to perform the duties described in this section.

SEC. 6.

Section 10224 of the Welfare and Institutions Code is amended to read:

10224.

(a) When making referrals, every agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control, and information to a family on the family’s ability to choose a license exempt provider.

(b) When making referrals, every childcare resource and referral program shall provide information about expanded learning opportunities programs established pursuant to Section 46120 of the Education Code in its region, including information about requirements to offer and provide access to the programs, as defined in paragraphs (5) and (6) of subdivision (g) of Section 46120 of the Education Code, and how to get more information about the programs.

SEC. 7.

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.

SEC. 8.

The Legislature finds and declares that the amendments to Section 8482.55 of the Education Code, made by Section 3 of this act, further the purposes of the After School Education and Safety Program Act of 2002.