Local educational agencies: before and after school programs: middle school and high school start time.
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SB 328 — Local educational agencies: before and after school programs: middle school and high school start time.
Last action — Referred to Com. on ED.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) Existing law 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, under which a program can apply for a grant for operating a before school component, an after school component, or both the before and after school components, on one or multiple schoolsites. This bill would require the State Department of Education and the State Department of Social Services to review funding for all after school programs offered in the state under their respective jurisdiction, including, but not limited to, the After School Education and Safety Program and programs supported by federal funding, and to, by regulation, provide flexibility to school districts to use up to 20% of funds provided for after school programs under their respective jurisdiction for before school programs if that flexibility is not prohibited by the After School Education and Safety Program Act of 2002, an initiative statute approved by the voters at the November 5, 2002, statewide general election as Proposition 49, or federal law. (2) Existing law requires the schoolday for middle schools and high schools, including those operated as charter schools, to begin no earlier than 8:00 a.m. and 8:30 a.m., respectively, by July 1, 2022, or the date on which a school district's or charter school's respective collective bargaining agreement that is operative on January 1, 2020, expires, whichever is later, except for rural school districts. This bill would expand the exemption to rural charter schools, and would define a "rural school district or rural charter school" for purposes of those provisions. The bill would authorize a school district or charter school subject to the start time requirement to offer a surf class or club before the start of the schoolday and would authorize the surf class or club to generate average daily attendance for purposes of computing any apportionments of state funding. The bill would prohibit a city, county, city and county, county office of education, or school district from imposing any rule, regulation, ordinance, or condition, or taking any action, that would prohibit or restrict a school district, county office of education, or charter school from complying with the school start time provisions described above. The bill would include findings that provisions described in this paragraph address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Bill Text
- Amended 04/27/21 - Amended Senate Current pdf April 27, 2021
- Amended 04/13/21 - Amended Senate pdf April 13, 2021
- Amended 03/25/21 - Amended Senate pdf March 25, 2021
- Introduced 02/05/21 - Introduced pdf February 05, 2021
- SB328 View text html
Action History
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Referred to Com. on ED.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 31. Noes 2. Page 1110.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
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Set for hearing May 10.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 896.) (April 22).
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Set for hearing April 22.
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Read second time and amended. Re-referred to Com. on GOV. & F.
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From committee: Do pass as amended and re-refer to Com. on GOV. & F. (Ayes 5. Noes 1. Page 702.) (April 7).
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Set for hearing April 7.
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April 14 hearing postponed by committee.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
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Set for hearing April 14.
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March 24 set for second hearing canceled at the request of author.
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Set for hearing March 24.
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March 17 set for first hearing canceled at the request of author.
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Set for hearing March 17.
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Referral to Com. on HUMAN S. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.
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Referred to Coms. on ED., GOV. & F., and HUMAN S.
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Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
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(Ayes 32. Noes 4.)
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Art. IV. Sec. 8(a) of the Constitution dispensed with.
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Read first time.
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From printer. May be acted upon on or after March 10.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Portantino · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No
Sponsors (1)
- Portantino
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 1 | 0 | 3 |
| Democratic | 11 | 0 | 0 | 2 |
| Republican | 1 | 1 | 0 | 2 |
| Total | 31 | 2 | 0 | 7 |
| % of votes cast | 78% | 5% | 0% | 18% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Wilk | — | Yea |
| Hueso | — | Yea |
| Dodd | — | Yea |
| Eggman | — | Yea |
| Min | — | Yea |
| Pan | — | Yea |
| Bradford | — | Yea |
| Roth | — | Yea |
| Atkins | — | Yea |
| Glazer | — | Yea |
| Rubio | — | Yea |
| Gonzalez | — | Yea |
| Kamlager | — | Yea |
| Newman | — | Yea |
| Wieckowski | — | Yea |
| Skinner | — | Yea |
| Leyva | — | Yea |
| Nielsen | — | Nay |
| Bates | — | Not Voting |
| Borgeas | — | Not Voting |
| Melendez | — | Not Voting |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Not Voting |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Not Voting |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Ochoa Bogh, Rosilicie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 1 |
| Total | 4 | 0 | 0 | 1 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Nielsen | — | Yea |
| Hertzberg | — | Not Voting |
| Durazo, Maria Elena | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 1 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Leyva | — | Yea |
| Glazer | — | Yea |
| Pan | — | Yea |
| Cortese, Dave | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Ochoa Bogh, Rosilicie | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 328 do?
- (1) Existing law 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, under which a program can apply for a grant for operating a before school component, an after school component, or both the before and after school components, on one or multiple schoolsites. This bill would require the State Department of Education and the State Department of Social Services to review funding for all after school programs offered in the state under their respective jurisdiction, including, but not limited to, the After School Education and Safety Program and programs supported by federal funding, and to, by regulation, provide flexibility to school districts to use up to 20% of funds provided for after school programs under their respective jurisdiction for before school programs if that flexibility is not prohibited by the After School Education and Safety Program Act of 2002, an initiative statute approved by the voters at the November 5, 2002, statewide general election as Proposition 49, or federal law. (2) Existing law requires the schoolday for middle schools and high schools, including those operated as charter schools, to begin no earlier than 8:00 a.m. and 8:30 a.m., respectively, by July 1, 2022, or the date on which a school district's or charter school's respective collective bargaining agreement that is operative on January 1, 2020, expires, whichever is later, except for rural school districts. This bill would expand the exemption to rural charter schools, and would define a "rural school district or rural charter school" for purposes of those provisions. The bill would authorize a school district or charter school subject to the start time requirement to offer a surf class or club before the start of the schoolday and would authorize the surf class or club to generate average daily attendance for purposes of computing any apportionments of state funding. The bill would prohibit a city, county, city and county, county office of education, or school district from imposing any rule, regulation, ordinance, or condition, or taking any action, that would prohibit or restrict a school district, county office of education, or charter school from complying with the school start time provisions described above. The bill would include findings that provisions described in this paragraph address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
- Who sponsors SB 328?
- SB 328 is sponsored by Portantino.
- What is the current status of SB 328?
- This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 328?
- Track SB 328 free on One Click Politics — get push/email alerts when it moves.
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