Laws and Regulations

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Community- Based Organizations

After School programs are regulated by state and federal laws.

After School Education and Safety Program (ASES)
EC SEC. 8482–8484.6

ASES creates local partnerships between schools and other community resources in order to provide safe, constructive alternatives for youth
during out-of-school hours. A city, county, or nonprofit organization must partner up with a local educational agency (a school or a district) in order to apply for funds and share responsibility for the quality of the program. Parties agree to provide the following information to CDE:

  • School day attendance
  • Standardized Testing and Reporting (STAR) scores
  • Goals
  • Content
  • Outcome measures (to be used over three years)
  • Any other information requested by the state
  • Documentation for a minimum of five years

Funding priority is given to existing after school programs in good status, as well as to schools where at least half of the student population is eligible for free or reduced cost meals. Three-year renewable grants are contingent upon semi-annual reporting and availability of funds. School year grant awards for elementary cannot exceed $112,500 or $150,000 for each middle or junior high school.

Eligible pupils attending California public elementary, middle, junior high, and charter schools in kindergarten through grade nine receive enrichment and academic support in before and after school programs. Educational or literacy support or homework assistance must be provided in one or more of these areas: language arts, mathematics, history and social science, computer training, or science. Enrichment must be offered in fine arts, career technical education, recreation, physical fitness, and prevention activities.

Before and after school programs must also meet nutrition standards, a minimum number of hours of operation, and staffing requirements.
(Full text PDF file)

Proposed Increased Funds and Modifications for After School Programs
Proposition 49

This measure proposed to increase funding for after school programs in response to the research suggesting the importance of providing safe environments for school-age children between 3 p.m. and 6 p.m. on school days. The effectiveness of after school programs in producing positive impacts by reducing crime, reducing risk taking behaviors in youth, increasing academic achievement, and assisting working families was underscored. The use of existing public school facilities to host after school programs was also a critical part of the initiative. (Full text PDF file)

Increased Funding and Modifications for After School Programs
SB 638 Torlakson

In order to implement the 2002 voter-approved Proposition 49, SB 638 makes substantive policy and fiscal changes to the 21st Century High School After School Safety and Enrichment for Teens Program (21st Century ASSETs), the 21st Century Community Learning Centers (21st CCLC) program, and the After School Education and Safety (ASES) program. The legislation released $550 million to be awarded through the state's ASES program, raising the daily per student rate from $5 to $7.50, increasing grant caps, and reducing the local funds match to 33.3 percent. Modifications include changing the funding from a reimbursement program to a three-year renewable direct grant, increasing the grant amounts, and outlining program requirements. Grantees must operate a minimum of 15 hours per week, offer three days of staff professional development during regular program hours using grant funds, and emphasize academic and enrichment support to help students meet content standards.
(Full text PDF file)

Requirements for Paraprofessionals
NCLB SEC. 1119

Paraprofessionals (teaching assistants) hired on or before January 8, 2002 and working in Title I programs are required to meet these minimum qualifications by the end of the 2005–06 school year: two years of study at an institution of higher learning, an associate’s (or higher) degree, or proof of passing a formal state or local academic assessment demonstrating knowledge of and the ability to assist in instructing reading, writing, and mathematics. Food services, cafeteria or playground supervisory, and similar staff in non-instructional positions are not considered paraprofessionals. Title I funds may be used in conjunction with other sources to provide professional development.

Equal Athletic Opportunities for Both Genders
EC SEC. 49020–49023

This legislation aims to ensure that opportunities for participation in athletics are equitable for all students. The legislation further stipulates that interschool athletic programs in public high schools be provided on an equal basis to both males and females. This means female students should have the same opportunities as male students to participate and compete in individual and team sports. Funding for athletic programs should promote equal opportunities for both genders. (full text PDF file)

Prohibition of Performance-Enhancing Substances
EC SEC. 49030–49034

This legislation prohibits any student participating in high school athletics from using performance-enhancing substances, including steroids and dietary supplements. Additionally, schools may not accept sponsorship from any company that manufacturers performance-enhancing supplements. These companies cannot advertise at any school events or give away materials advertising their products. Effective December 31, 2008, each high school sports coach will complete a coaching education program about performance-enhancing substances developed by his or her school district or the California Interscholastic Federation. “Coach” is defined as an employee or volunteer who is authorized by a high school to lead an athletic team of students. (full text PDF file)
Need help talking to students about performance-enhancing substances? Check out Athletes Targeting Healthy Exercise and Nutrition Alternatives and Athletes Training and Learning to Avoid Steroids.

Comprehensive Year-Round Nutrition Services
EC. SEC. 49547 – 49548.3

The nutritional needs of children are of utmost importance. Adequate nutrition is necessary for children to develop and learn, and those needs must be met when school is not in session, as in the summer. The California Department of Education (CDE) is designated as the agency to be responsible for the federally funded Summer Food Service Program. CDE will coordinate the outreach efforts and information of the United States Department of Agriculture and other agencies and state departments and coalitions related to the implementation of Summer Food Service Programs. (full text PDF file)

Parent/Community Involvement in Student Meal Programs
EC. SEC. 49500 – 49505

Participation of parents of needy students in planning, preparation, and serving of meals at school is encouraged in order to provide practical experience and training for the parents. Parents should be provided with formal training for such participation under the work incentive programs of the Unemployment Insurance Code. Community volunteers are also encouraged to be involved in planning, preparation, and serving of meals and/or nutritional supplements at school. (full text PDF file)

School Breakfast and Lunch Program
EC. SEC. 49490 – 49493

State and local communities bear a responsibility for meeting the nutritional needs of California children. When a district receives any state or federal money for providing nutritional meals for school children, it will not reduce the services of any nutrition programs that are already in place, unless free or reduced-price lunches are provided for each eligible needy child. Meals provided to school children will meet standards adopted by the Superintendent of Public Instruction for what constitutes a “meal”, what is considered a “reduced-price meal,” eligibility standards for children, and will protect the identity of children who receive the services. (full text PDF file)

Funding for Healthy, Nutritious Meals for After School
Law Section #: Public Law 108–265 (Child Nutrition and WIC Reauthorization Act of 2004)

Public and private schools, faith-based, and community organizations providing out-of-school-time programs are eligible to receive funding from the U.S. Department of Agriculture (USDA) to supply healthy, nutritious breakfasts (before school) or snacks (after school) for children enrolled in their programs. Funding is available through these sources.

California Laws and Regulations, including the Education Code.

Federal Policy for after school programs.

  • This Web site does not necessarily reflect
  • the position or policy of the CDE.