At its April 19–21 meeting, the California Commission on Teacher Credentialing approved sending the annual report on the number of teachers who received credentials, certificates, permits and waivers to teach in California public schools to Gov. Gavin Newsom and the Legislature. In the wake of the COVID-19 pandemic, the California Legislature passed two bills that provided additional funding for enrichment programs in order to expand learning opportunities for TK-6 students. These offerings are categorized as Expanded Learning Opportunities (ELO) programs. Districts and county offices of education can use ELO funds to offer children in transitional kindergarten through sixth grade student-centered and results-driven learning opportunities that complement the education that students receive during the regular school session.

Expanded learning is defined by the California Department of Education as “before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of students through hands-on, engaging learning experiences.”

Districts are required to operate ELOs pursuant to Education Code 46120, including the development of a program plan that includes a safe and supportive environment, active and engaged learning, skill building, youth voice and leadership, healthy choices and behaviors, diversity, access and equity, quality staff, clear vision, mission and purpose, collaborative partnerships, continuous quality improvement and program management. The program plan must be approved by the district’s governing board in a public meeting at least once every three years and posted on the district’s website. Program plans may be amended based on changes in student needs identified as part of the ongoing needs assessment, and districts are encouraged to collaborate with community partners when amending their ELO program plan.

Beginning in the 2023–24 school year, districts with a prior fiscal year Local Control Funding Formula unduplicated pupil percentage (UPP) of at least 75 percent are required to offer access to ELO programs to all classroom-based students in grades TK-6 inclusive, and to ensure that access is provided to any student whose parent/guardian requests placement in an ELO program. Districts with a prior fiscal year LCFF UPP of less than 75 percent are required to offer access to ELO programs to all unduplicated students in grades TK-6, inclusive, and ensure that access is provided to any unduplicated student whose parent/guardian requests placement in an ELO program.

Districts can satisfy the offer requirement by conducting outreach to their students and families using culturally and linguistically effective and appropriate communication channels. Examples include but are not limited to updating and/or advertising a website, email communication, handouts and announcements. While a district may not opt out of the ELO program, student participation in an ELO program is optional.

Summer learning programs are part of the CDE’s ELO Program, as it includes ELOs beyond the regular school day, including summer, vacation and/or intersessional programs. Summer learning programs are defined as intervention programs that support accelerated learning during the summer months and encourage positive youth development, career development and even college preparation. Outside the scope of the academic school day, ELO programs offer unique experiences such as cooking, gardening and the arts. These programs provide districts with an opportunity to connect with their students in a more extensive way outside of the academic classroom.

Districts are prohibited from charging a fee for summer school programs, but third parties that offer a summer school program may charge a fee. CDE’s “Fiscal Management Advisory 22-01, Summer School, Third Parties, and Tuition Fees,” provides that if a third party that is affiliated with a district charges tuition for a summer program, the district should make an individualized inquiry as to the relationship between the district and the third party to determine whether the educational activities are being offered by the district. In making this determination, districts may consider factors listed in Fiscal Management Advisory 22-01 www.cde.ca.gov/re/lr/fm/fma2201.asp.

Districts with questions as to whether a fee may be charged for summer school should consult CSBA’s District and County Office of Education Legal Services or district legal counsel. Districts may also want to review sample Board Policy/Administrative Regulation 3260 – Fees and Charges, which was updated in December 2022.

To reflect the recent legislation on ELOs, CSBA has also updated sample BP/AR 5148.2 – Before/After School Programs, AR 5148.3 – Preschool/Early Childhood Education, AR 6112 – School Day, 6170.1 – Transitional Kindergarten, and BP 6177 – Summer Learning Programs.

These policies provide a good starting place when considering ELO programs and can serve as part of a long-term strategy for funding and program requirements.

For additional resources, see the CDE’s website at www.cde.ca.gov/ls/ex/elofaq.asp.