2005 California Education Code Sections 8488.5-8489.9 Program

8488.5.  There is hereby established the Six-to-Six Before and After
School Program.  The purpose of this program is to create locally
driven and locally funded before and after school enrichment programs
that partner schools and communities to provide academic and
literacy support and safe, constructive alternatives for youth.
8488.7.  (a) The Six-to-Six Before and After School Program shall be
established to serve pupils in kindergarten and grades 1 to 9,
inclusive, at participating elementary, middle, junior high, and
charter schoolsites.
   (b) A program may operate on one or multiple schoolsites.
   (c) An after school program established pursuant to this article
shall consist of the following two components:
   (1) An educational and literacy component whereby tutoring or
homework assistance is provided in one or more of the following
areas:  language arts, mathematics, history and social science, or
science.
   (2) A component whereby educational enrichment, which may include,
but need not be limited to, recreation, physical activity, conflict
resolution, and drug and alcohol prevention activities, is provided.
   (d) Governing agencies for programs established pursuant to this
article may include any of the following:
   (1) A local education agency, including a charter school.
   (2) A city or county in partnership with a community-based
organization, with the approval of a local educational agency or
agencies.
   (e) Cities or counties in partnership with community-based
organizations and school districts shall ensure that each of the
following requirements is fulfilled, if applicable:
   (1) The program documents the commitments of each partner to
operate a program on that schoolsite or schoolsites.
   (2) The program has been approved by the governing board of the
school district and the principal of each schoolsite.
   (3) Each partner in the program agrees to share responsibility for
the quality of the program.
   (4) The program designates the public agency or local education
agency partner to act as the fiscal agent.  For purposes of this
section, "public agency" means only a county board of supervisors or,
where the city is incorporated or has a charter, a city council.
   (5) Programs agree to follow all fiscal reporting and auditing
standards required by the city or county.
   (6) A formal complaint process is established and posted at each
schoolsite.
   (7) Priority for funding programs established pursuant to this
article shall be given to elementary, middle, and junior high schools
with the highest percentage of pupils eligible for free or
reduced-cost meals through the school lunch program of the United
States Department of Agriculture.
8488.9.  Every program established pursuant to this article shall be
planned through a collaborative process that includes parents,
youth, and representatives of participating schoolsites, governmental
agencies, such as city and county parks and recreation departments,
community organizations, child care providers, and the private
sector.
8489.  Every pupil attending a school operating a before and after
school program pursuant to this article is eligible to participate in
the program, subject to program capacity.
8489.1.  (a) (1) Every before and after school program established
pursuant to this article shall operate a minimum of three hours a day
and at least until 6 p.m. on every regular schoolday.  Before school
programs hours shall be set according to community need.  Every
program shall establish a policy regarding reasonable early daily
release of pupils from the program.
   (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, except when released early in
accordance with the early release policy described in paragraph (1)
or as reasonably necessary.
   (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.  Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
   (b) The administrators of a program established pursuant to this
article shall have the option of operating during any combination of
summer, intersession, or vacation periods.
8489.2.  The city or county shall annually review all of the
following:
   (a) Strength of the educational component.
   (b) Quality of the educational enrichment component.
   (c) Strength of staff training and development component.
   (d) Scope and strength of collaboration, including demonstrated
support of the schoolsite principal and staff.
   (e) Capacity to facilitate better integration with the regular
schoolday and other extended learning opportunities.  These
opportunities may include arts, recreation, computer use, and other
activities to broaden the pupil's learning experience.
   (f) Inclusion of a nutritional snack.
   (g) Employment of CalWORKs recipients.
   (h) Level and type of local funds.
   (i) Fiscal accountability.
   (j) The health and safety of the participants.
8489.3.  The administrator of every program established pursuant to
this article shall establish minimum qualifications for each staff
position that, at a minimum, ensure that all staff members who
directly supervise pupils meet the minimum qualifications for an
instructional aide, pursuant to the policies of the school district.
The administrator of every program shall ensure that all staff
receive training in behavior management, discipline, guidance,
conflict resolution, and school-age related training.  Every program
shall have a full-time site supervisor.  Selection of the after
school program site supervisors shall be subject to the approval of
the schoolsite principal.  Full-time site supervisors shall possess a
bachelor's degree or have completed at least 15 units of coursework,
in any combination, in the subject areas of education, child
development, recreation, or a related field.  The administrator shall
also ensure that the program maintains a pupil-to-staff member ratio
of no more than 20 to 1.  All program staff and volunteers shall be
subject to the health screening and fingerprint clearance
requirements in current law and district policy for school personnel
and volunteers in the school district.
8489.4.  Before and after school programs established pursuant to
this article shall report annually to the school district and
superintendent of the school district on measures, as determined in
conjunction with the school district and the site principal, for
academic performance, attendance, and positive behavioral changes.
Programs shall provide these annual reports to the Education and
Human Services Committees of the Legislature.
8489.6.  (a) Programs established pursuant to this article shall not
be required to comply with the requirements of other provisions of
this chapter or requirements set forth in Chapter 19 of Division 1 of
Title 5 of the California Code of Regulations.
   (b) Programs established pursuant to this article may operate only
pursuant to the authorization of the governing board of a school
district.
   (c) Notwithstanding any other provision of law or regulation, a
program operated pursuant to this article by a city or county in
partnership with a community-based organization, with the approval of
a local education agency or agencies and operated on a schoolsite
may operate for up to 30 hours per week without obtaining a license
or special permit under Chapter 3.4 (commencing with Section 1596.70)
or Chapter 3.5 (commencing with Section 1596.90) of Division 2 of
the Health and Safety Code.
8489.8.  Programs established pursuant to this article may be
conducted upon the grounds of a community park or recreational area
if the park or recreational area is adjacent to the schoolsite.
8489.9.  This article shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.