Expanded Learning Opportunities Program FAQs

Program Requirements

1. Can a local educational agency (LEA) opt-out of the Expanded Learning Opportunities (ELO) Program funding?

   LEAs cannot opt out of ELO Program funding until the 2025–26 fiscal year. Starting in 2025–26, LEAs may choose to opt out. Senate Bill 153 (2024) added Education Code Section 46120(d)(10), requiring LEAs to declare annually whether they will operate the ELO Program.

2. What does it mean to make the ELO Program offering?

   LEAs can satisfy the offer requirement by conducting outreach to their pupils and families using culturally and linguistically effective/appropriate communication channels. Examples include, but are not limited to: updating/advertising a website, email communication, handouts, announcements, etc. EC Section 46120(g)(5)

3. What does it mean to provide ELO Program access and how does an LEA demonstrate the requirement was met?

   Commencing with the 2023–24 school year, as a condition of apportionment, the access requirements are as follows, and will be verified as part of the LEA’s annual audit:
   
   

   • LEAs that receive ELO Program funding at the higher funding rate pursuant to EC Section 46120(d)(1)(B) or 46120(d)(4) will be required to offer the ELO Program to all TK/K-6 classroom-based pupils and provide program access to any TK/K-6 classroom-based pupils upon parent/guardian request.
     
     
   • LEAs receiving ELO Program funds at the lower rate (EC Section 46120(d)(1)(C)) must offer the program to all unduplicated pupils in TK/K–6 and provide access to these pupils upon request from a parent or guardian.
     
     The above requirements are for program offering and pupil access. The actual attendance and amount of time a pupil attends program is based on the individual needs of the pupil and their family.
     
     For purposes of the audit beginning in 2023–24, an LEA may demonstrate the provided access requirement was met by showing the eligible classroom-based pupils with a submitted registration form were enrolled in the program. A pupil that has an enrollment form signed by a parent and/or guardian on file and is on the master enrollment list will be considered enrolled in the program. EC Section 46120(g)(6)
     
     Pursuant to EC Section 46120(c)(2), pupils opting not to participate in the ELO Program shall not generate a penalty for an LEA.

4. Are LEAs required to use the ELO Program funds to provide access to only Transitional Kindergarten (TK) and Kindergarten through Sixth (K-6) Grade pupils or can an LEA use those funds to provide access to another pupil grade level, such as middle or high school?

   Starting in the 2023–24 school year, LEAs receiving ELO Program funding must meet all TK/K–6 requirements, which includes offering and providing access to the appropriate number of TK/K–6 pupils, depending on the LEA’s Unduplicated Pupil Percentage (UPP), a minimum of nine hours of combined instructional time and in-person Expanded Learning Opportunities per instructional day, and a minimum of nine hours of in-person Expanded Learning Opportunities on at least 30 nonschooldays.
   
   Once that requirement is met, an LEA may exceed the requirements and provide access to additional grade spans for elementary, middle, and secondary pupils, and/or provide expanded hours of programming EC Section 46120(b)(1).

   Additionally, LEAs may combine multiple funding sources to meet these requirements. For example, if a school district is providing access to their TK/K pupils in an expanded day using other funding sources, then some of the ELO Program funds can be used to provide access to other pupils or to offer expanded program hours beyond the required minimum nine hours for the TK/K–6 community. EC Section 46120(b)(7).
   

5. Should an LEA prioritize enrollment for unduplicated pupils?

   Yes. LEA entitlement amounts are based on the number of unduplicated pupils that are enrolled and these pupils should receive priority enrollment.

6. Are LEAs required to offer and provide access to pupils whose priority for the program is in transition? (Eg. Incoming TK pupils during the summer before school starts, outgoing 6th grade pupils during the summer after they have completed the school year, English Learner [EL] pupils in the midst of reclassification etc)

   No. This can be locally decided by the LEA. However, LEAs receiving an ELO Program apportionment should assess the needs of their pupils and families, as they determine the duration of their priority list pupils.

7. Can LEAs include Expanded Learning Opportunities as part of the instructional minutes that establish the school day?

   No. Pursuant to EC Section 46120(b)(1)(A), ELO Programs that are provided on school days are provided in-person, before or after school and do not count towards daily instructional minutes.
   
   Instructional time is used to establish the school day and ELO Program opportunities offered before or after school are separate requirements. These are calculated separately to meet the combined nine hours per day requirement.

8. How does an LEA calculate the minimum nine hour requirement for the ELO Program?

   LEAs must calculate the nine-hour daily requirement by adding instructional minutes, recess, meals, and ELO Program time. LEAs must also offer ELO Programs for at least 30 nonschool days, including Extended School Year (ESY) days, with at least nine hours of activities each day.
   
   In addition, LEAs must offer and provide access to the appropriate number of pupils, depending upon their UPP, for at least 30 nonschooldays, inclusive of Extended School Year days provided pursuant to EC Section 56345(b)(3), for no fewer than nine hours of in-person Expanded Learning Opportunities per day. EC Section 46120(b)(1)(B)

9. Is TK included in the requirement to provide access to grades K-6, or is that considered an “optional” offering?

   TK is not optional and is included in the requirement because TK is operated as a program within Kindergarten. The average daily attendance generated by TK pupils is included in the ELO Program entitlement calculation, so LEAs are receiving funding for the TK unduplicated pupils.

10. Should LEAs track attendance and expenditures?

    Yes. LEAs should track pupil attendance in compliance with EC Section 46120(f) and use this data for safety and Continuous Quality Improvement purposes. While LEAs have flexibility in how they track expenditures, the CDE advises that these methods align with the 2024 Revised ELO Program Plan Guide, as specified in EC Section 46120(b)(2).

11. Are ELO Programs open to pupils with disabilities?

    Yes. ELO Programs are open to pupils with disabilities. Per EC Section 46120(b)(1) for the 2021–22 and 2022–23 school years, LEAs shall offer to at least all unduplicated pupils in classroom-based instructional programs in Kindergarten and grades 1 to 6, 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 ELO Programs. Commencing with the 2023–24 school year, LEAs shall offer to all pupils in classroom-based instructional programs in Kindergarten and grades 1 to 6, inclusive, access to ELO Programs, and shall provide access to any pupils whose parent or guardian requests their placement in a program.

12. Must accommodations be made within an ELO Program for pupils with disabilities?

    Under Federal and State law publicly-funded programs cannot discriminate against pupils based on disability. In individual situations, a pupil with a disability may need accommodations to meaningfully access an ELO Program. These determinations must be made at the local level.

13. Where can LEAs find additional guidance to support pupils with Special Needs?

    LEAs should contact their Focused Monitoring and Technical Assistance (FMTA) Consultants for ongoing support within their Special Education local plan areas. For the regional map and list of consultants, please visit the California Department of Education’s (CDE) FMTA Consultant Assignment by Region web page. Other resources can also be found on the CDE’s Special Education’s Services and Resources web page.

14. How can an LEA determine if an ELO Program location is considered Frontier?

    To discover all Frontier Designated Geographic Locations, please visit the CDE's Frontier Schools Viewer web page.
    
    A school site is a Frontier Designated Geographic Location, when the school site is in an area with fewer than 11 persons per square mile. EC Section 46120(g)(2)
    
    Complete list of school sites that are Frontier Designated Geographic Locations (XLSX).
    
    The following resource is used to determine “Frontier Designated Geographic Location” status:

    (1) the 2020 United States Census Bureau Census Tract population data maps.

    These results may differ from previous lists, as this resource has been updated. This list is valid until the year 2030.

    For more information regarding Frontier Designated Geographic Locations, please email CDEDataRequest@cde.ca.gov or Greg Dixon at GDixon@cde.ca.gov.

15. What are the ELO Program requirements for Frontier locations?

    “Frontier designated geographic location” means a school site in an area that has a population density of fewer than 11 persons per square mile EC Section 46120(g)(2). For these locations, 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. EC Section 46120(b)(1)(C).

16. What are the staffing requirements for the ELO Program?

    Staff that is used in ratio with pupils must meet the LEA’s minimum requirements for an instructional aide. All ELO Programs must maintain a staff to pupil ratio of 1:20, unless working with TK/K pupils, where the staff to pupil ratio must be at least 1:10 EC Section 46120(b)(2)(D).
    
    It is CDE's guidance that mixed pupil groups that include any TK/K pupils must adhere to the 1:10 staff to pupil ratio requirement.
    

17. What are the minimum requirements for an Instructional Aide in an Expanded Learning setting per EC Section 8483.4?

    Based on the statutory requirements staff members for the After School Education and Safety (ASES) and 21st Century Community Learning Centers (CCLC) After School programs must:
    
    (1) Meet the minimum qualifications for an instructional aide as prescribed by District policies:
    
    (2a) Educational qualifications for instructional aides shall be prescribed by the school district employer and shall be appropriate to the responsibilities to be assigned; EC Section 45344(b) and
    
    (2b) Demonstrate proficiency in reading, writing, and mathematics skills up to or exceeding that required by the employing district for high school seniors. EC Sections 45330(e) and 45344.5(a)
    
    Promising Practices
    
    LEAs have the flexibility to revise their district policy.
    
    LEAs can create an Instructional Aide Classification and/or Exam to better measure the qualifications and competencies of Expanded Learning candidates.

18. Must Instructional Aides in an Expanded Learning setting meet the requirements outlined under EC Section 45330(c)?

    No. Because 21st CCLC funds derive from Title IV, Part B Funds, and not Title I Funds. Staff members in ASES or 21st CCLC programs who must meet the minimum requirements for an instructional aide do not need to meet the requirements outlined under EC Section 45330(c), which outline additional requirements for paraprofessionals employed by LEA's and that are compensated in part or in whole by Title I Funds.

19. Is transportation a requirement for the ELO Program?

    Yes. EC Section 46120(g)(6) states "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."
    
    LEAs are required to provide transportation for before school and after school ELO Programs, as well as the 30 nonschooldays, all in accordance with the EC. Transportation should not be a barrier to ELO Program participation; the ELO Program should be created as universally available and accessible to pupils.
    

20. Does providing a mileage reimbursement to a family satisfy the transportation requirement?

    LEAs must offer and provide transportation for pupils to participate in ELO Program opportunities, in accordance with EC Section 46120(g)(6). In addition, an LEA may offer mileage reimbursement to a family, however, if a pupil does not have a person that can provide transportation for the ELO Program opportunity, the transportation needs to be provided by the LEA.

21. Is an LEA required to submit a program plan to the California Department of Education (CDE) every year for the ELO Program?

    No. It is CDE's guidance that LEAs have their program plan approved by the governing board in a public meeting and posted on the LEA’s website. While there is no due date for the program plan, LEAs should have their plans approved before the first day of program. ELO Program plans are to be reviewed and approved by the Board every 3 years. EC Section 46120(b)(2)
    
    An LEA may amend their ELO Program Plan, including the planned expenditures, based on changes in pupil needs identified as part of the LEAs ongoing assessment of the needs of the program. LEAs are encouraged to collaborate with community partners when amending their plan. EC Section 46120(b)(2)
    
    It is CDE's guidance that a materially altered plan be brought to the LEA’s governing board for review and approval. The updated plan should be posted on the LEA’s web page. Program plans do not need to be submitted to the CDE. However, plans may be requested by the CDE for monitoring, audit resolution, or technical assistance purposes.
    
    In the future LEAs will be required to submit to the CDE the URL for their program plan with their expenditure reports and verify that all reported expenditures align with the ELO Program plan on the LEAs website.
    

22. Can the California Department of Education request data about an LEA’s ELO Program?

    Yes. Pursuant to EC 8482.3(g), referenced within EC Section 46120(b)(2), the CDE may request program information, in order to ensure program compliance and quality.

23. Is an LEA required to operate an ELO Program during nonschooldays?

    Yes. LEAs that receive an ELO Program apportionment must operate an ELO Program for a minimum of 30 nonschooldays, which may include Extended School Year days provided pursuant to EC Section 56345(b)(3), for no fewer than 9 hours per day. EC Section 46120(b)(1)(B). In addition, priority access is to be given to homeless students for programs operated during nonschooldays. EC 48850(a)(3)(C)

Program Funding

24. Who will receive ELO Program funding?

    Only an LEA defined as a school district or charter school that serves classroom-based instructional programs in grades TK/K–6, not including a charter school established pursuant to EC Section 47605.5, is eligible for funding.

25. What happens to funds not spent in the fiscal year?

    For the 2021–22 and 2022–23 FYs, local educational agencies (LEAs) will be required to submit an expenditure report to the CDE after the liquidation deadline of September 30, 2024.

    California Education Code Section 46120 (d)(6)(B) requires each local educational agency that received an allocation pursuant to subparagraph (A), (B), or (C) of paragraph (1) for the 2021–22 fiscal year or the 2022–23 fiscal year shall report final expenditures to the department on or before October 31, 2024, 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 (C) of paragraph (1).

    Commencing with the 2023–24 fiscal year, all ELO Program funds must be expended by June 30th of the following fiscal year. Any funds that are not expended by that time, will be due back to the state. For example, funds received during the 2023-24 fiscal year, must be expended by June 30, 2025.

    Beginning in 2023–24, the ELO Program will be included in the LEA’s annual audit, and failure to meet certain program requirements will result in an audit finding and funding may be due back to the State.

    All funds, including carryover funding, must be spent on ELO Program services. ELO Program funding can only be used for ELO Program-related expenses.

26. How are unspent 2021–22 and 2022–23 funds returned to the CDE?

    The CDE will release the ELO Program Expenditure Report near the expenditure deadline of September 30, 2024. Unspent or unencumbered funds reported by an active LEA will be recouped through the Principal Apportionment as a prior year correction to the ELO Program funding for the applicable fiscal year. The CDE will issue an invoice for unspent funds reported for a charter school that has closed.

27. How are funding allocations impacted by failure to meet ELO Program requirements?

    Beginning in the 2023–24 school year, the ELO Program is subject to an annual audit. LEAs that fail to meet program requirements may incur penalties, including the return of a portion of their funding to the state.
    
    Based on statute, school districts and charter schools will be penalized for failure to offer or provide access to ELO Programs to eligible pupils. The penalty will be a proportionate amount of the total entitlement based on the number of eligible pupils the school district or charter school failed to offer or provide access to ELO Programs. Pupils opting not to participate in the ELO Program shall not generate a penalty for the LEA EC Section 46120(c)(2).
    
    Additionally, school districts will be penalized 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. Charter schools will be penalized 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 EC Section 46120(c)(3).
    
    Audit penalties for the ELO program will be applied to the ELO Program entitlement for the fiscal year in which the penalty is generated. Penalties will be recouped through the Principal Apportionment as a prior year correction to the ELO Program funding for the applicable fiscal year.

28. Is an LEA penalized if they are unable to operate an ELO Program due to school or program emergency conditions?

    No. Pursuant to EC Section 46120(b)(9) “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.”

29. How is the penalty calculated for the ELO Program time requirements beginning in 2023–24?

    Beginning in 2023–24, an LEA will generate a penalty for each day short of the required days. Any day short of the 9 hours generates a penalty for the whole day (there is not a separate calculation for hours).
    
    Examples:
    An LEA with a 180 day school calendar is required to operate the ELO Program for a total of 210 days* (with inclusion of 30 nonschooldays). *Note: LEAs may close program to offer up to 3-days of staff development (see FAQ #41).

    • If the LEA operates the ELO Program for only 200 days, the LEA would be penalized for 10 days short.
    • If the LEA operates the ELO Program for 210 days, but 10 of the days do not meet the 9-hour requirement, the LEA would be penalized for 10 days.

    
    In either example, the penalty calculation would be:
    

    • 10 (days) multiplied by 0.0048 (penalty factor for school district; or 0.0049 for charter schools) multiplied by the ELO Program entitlement.
      

    
    

    The Penalty Calculator (XLSX) is used to estimate the cost of an ELO-P audit finding for failing to meet the offering and access, and day requirements in fiscal year 2023–24 and each year thereafter.

30. What is the timeline for knowing/receiving allocations for the 2021–22 school year and beyond?

    In the 2022–23 school year, the ELO Program became part of the Principal Apportionment. LEAs have since received payments based on their ELO Program entitlements, following the statutory monthly Principal Apportionment payment schedule, which is available on the CDE website.

31. Does an LEA’s ELO Program apportionment amount ever change?

    Yes. An LEA’s ELO Program entitlement is determined by its prior year P-2 classroom-based average daily attendance in grades TK/K–6 and unduplicated pupil percentage (UPP).
    
    There are two ELO Program funding rates, Rate 1, for LEAs with a UPP greater or equal to 75%, and Rate 2, for LEAs with a UPP less than or equal to 74.99%. An LEA funded under Rate 1 is guaranteed the higher funding rate for at least three years. Only when an LEA’s prior year UPP is below 75 percent for four consecutive years, shall they be ineligible to receive funding at Rate 1 via the 3-year guarantee. The LEA will need their prior year UPP to reach 75% or higher, in order to receive funding at Rate 1 again. EC Section 46120(d) See illustration below.
    

    Fiscal Year	UPP Eligibility Year (Prior Year)	Prior Year (PY) UPP	Rate 1 Eligible	Eligibility Basis
    2022-23	2021-22	76.42%	Yes	PY UPP*
    2023-24	2022-23	75.09%	Yes	PY UPP*
    2024-25	2023-24	74.56%	Yes	3 Year Guarantee**
    2025-26	2024-25	74.32%	Yes	3 Year Guarantee**
    2026-27	2025-26	73.21%	Yes	3 Year Guarantee**
    2027-28	2026-27	73.05%	No	N/A

    
    *PY UPP equal to or greater than 75% commencing with 2022-23 EC Section 46120(d)(1)(B).
    **Once eligible pursuant to EC Section 46120(d)(1)(B), LEA is guaranteed Rate 1 until LEA has a PY UPP below 75% for 4 consecutive years EC Section 46120(d)(4).
    
    More information on LEA UPPs can be found on the CDE website.
    
    

32. Are new charter schools eligible for ELO-P funding in their first year of operation?

    No. ELO-P funding is based on the prior year’s P-2 Average Daily Attendance (ADA) and Unduplicated Pupil Percentage (UPP). As a result, a charter school is not eligible to receive ELO-P funds during its first year of operation.

33. Are charter schools that experience significant expansion during the school year eligible to receive additional funding for the new students in that same year?

    No. ELO-P funding is based on the prior year’s P-2 Average Daily Attendance (ADA) and Unduplicated Pupil Percentage (UPP). Charter schools that experience significant expansion during the school year will not receive additional funding for the new students until the following fiscal year.

34. What are the Standardized Account Code Structure codes for the ELO Program?

    For Standardized Account Code Structure (SACS) coding, use Resource Code 2600, ELO Program, and Revenue Object Code 8590, All Other State Revenue.

Allowable Uses

35. Can the ELO Program funding be used for the local match for After School Education and Safety (ASES) funds?

    Yes. The ELO Program funding can be used for the local match for ASES, as it is the intent that ASES, 21st CCLC Elementary/Middle School, and the ELO Program funding be considered a single comprehensive program. The expectation is that a substantial number of new pupils will be provided access beyond the ASES enrollment, in accordance with ELO Program requirements.

36. Can funding for ELO Programs be used to provide Expanded Learning services to pupils during the school day?

    No. EC Section 46120(b)(1) provides that ELO Program funding shall be expended to develop or provide ELO Programs or services in accordance with ELO Program requirements. ELO Programs are operated either before school, after school, before and after school, and not during the school day. School days are described in EC sections 46100 and 46110 to 46119, inclusive (for school districts), and on days which school is taught for the purpose of meeting the 175-instructional-day offering (for charter schools) as described in Section 11960 of Title 5 of the California Code of Regulations.
    
    However, LEAs may employ staff to plan and/or prep for the ELO Program, during hours that overlap with the instructional day, as long as the staff is not supporting instructional day activities.
    

37. What are the allowable expenses (e.g., transportation outside what is required, facility leases, storage, janitorial services, and so on)?

    The CDE is not approving or denying individual LEA requests for allowable expenditures. However, all expenditures should be necessary and reasonable for an ELO Program activity, be consistent with the LEA’s policies and procedures, be consistent and implemented uniformly and be adequately documented. Furthermore, all expenditures should be consistent with statute and the LEA’s ELO Program Plan. (Title 2 Code of Federal Regulations [CFR] 200.403)

38. Can ELO Program funding be used to fund an off-site program opportunity?

    Yes. ELO Program funding can be used to provide program access for pupils at off-site locations. In doing so, LEAs must ensure that all transportation requirements are met. The ELO Program does not require the submission of an off-site form.

39. What is cost sharing and is it allowed with ELO Program funding?

    Cost sharing is the process by which an expanded learning program splits the cost of program items/services with a school site, based on the access that pupils will have to the program items/services outside of expanded learning time. The Expanded Learning program funds and school day funding should pay a proportionate amount of the cost based on access.
    
    ELO Program funding can be used for cost sharing. In this case, LEAs would need to split the cost by using ELO Program funds for the access that pupils have to the program items/services during Expanded Learning time and non-ELO Program funds for the access pupils have to the program items/services during non-expanded learning time.
    
    The California School Accounting Manual (CSAM) addresses allocable costs and requires that expenses related to assets used for multiple purposes must be properly allocated to reflect their actual use. California Education Code Section 46120 stipulates that funds allocated for specific programs, such as ELO-P, must be used solely for the purposes outlined within that program.
    
    Proper allocation and documentation of shared costs are critical to maintaining transparency and accountability in the use of state funds. Cost-sharing principles ensure that funds designated for specific purposes are not improperly diverted, thereby upholding the integrity of the funding program. Salaries, wages, and assets purchased with restricted funds must benefit the intended program. If an asset is used for an unrelated purpose, the LEA is responsible for providing sufficient documentation to support the portion of the funds expended that can reasonably be charged to the program. This is consistent with the requirement to allocate costs based on proportional benefit that applies to federal funds pursuant to 2 CFR 200.405.[1]
    

Program Flexibility

40. Can unduplicated pupils, currently being served in After School Education and Safety (ASES)/21st Century Community Learning Centers (CCLC) programs, count towards an LEAs ELO Program requirements?

    Yes. Existing ASES and 21st CCLC funded slots can count towards the ELO Program requirements. The ASES, 21st CCLC Elementary/Middle School, and the ELO Program should be considered a single, comprehensive program. In coordinating all these funding streams to move towards a single program, the expectation is that the most stringent requirements will be adopted for program guidance. EC Section 46120(b)(9)(D)

    For example, is is CDE's guidance that the 1:10 ratio for TK/K should be used, even if the majority of pupils in the group are 1st grade or higher. EC Section 46120(b)(2)(D)

41. Can an LEA count morning ELO Program attendance towards an ASES after school program?

    No. EC Section 8483 says that an ASES after school program must start immediately after school and stay open until 6pm, thus attendance for an expanded learning program prior to that time will not count. In addition, counting before school attendance (for ELO-P) as after school base attendance (for ASES) would impact the meaning of the data reported.

42. Can LEAs develop a consortium to provide additional opportunities to pupils?

    Yes. LEAs can develop a consortium or partnership with other LEAs. Each LEA will be held accountable for its own ELO Program requirements.

43. If LEAs running ASES programs merge the ELO Program funding, what happens with the ASES rule that allows closure of the program for 3-days to offer professional development?

    LEAs operating ASES, 21st CCLC, and/or the ELO Program, may close program to offer up to 3-days of staff development.  This circumstance is allowable during the 175 instructional days or the 30 nonschooldays. EC Section 46120(b)(8)

44. Can the ELO Program be provided to pupils virtually?

    No. Pursuant to EC Section 46120(b)(1)(A) the ELO Program funding is to be used for in-person before or after school expanded learning opportunities. This is also the requirement for the 30 nonschooldays, inclusive of ESY days provided pursuant to EC Section 56345(b)(3) as well.
    
    LEAs can however, use virtually based enrichment, as long as pupils are in-person and supported by qualified staff that meets the ELO Program required ratio.
    

45. Can ELO Program services be offered to pupils enrolled primarily in nonclassroom-based instruction (independent study)?

    LEAs receiving ELO Program funding must meet all TK/K–6 requirements, which includes offering the ELO Program to pupils in TK/K–6 classroom-based programs. The LEA may choose to exceed the requirements by offering the in-person ELO Program services to pupils primarily enrolled in nonclassroom-based instruction. Note that ELO Program funding is based on prior year P-2 classroom-based Average Daily Attendance (ADA), therefore pupils who generate ADA through nonclassroom-based instruction do not generate ELO Program funding for the LEA.

46. Where can an LEA find guidance and support for their ELO Program?

    The Principal Apportionment Section (PASE) Listserv is available for LEAs to receive updates, data and key deadlines. Program tools, requirements and updated Frequently Asked Questions (FAQs) can be found on the California Department of Education ELO Program web page. Additional guidance and support can be found with the Statewide System of Support for Expanded Learning web page. The California Collaborative for Educational Excellence (CCEE) and the California Afterschool Network (CAN) both serve as program support for LEAs receiving ELO Program funding.

47. Can summer school programs be used to help satisfy the nine-hour requirement for 30 nonschooldays?

    Yes. LEAs may use a summer school program, to help satisfy the nine-hour requirement, for 30 nonschooldays, because summer school programs do not count towards an LEA’s annual instructional day or minutes requirement or generate ADA for Local Control Funding Formula apportionment.

48. Can ELO Programs include Saturday School to meet the 30 nonschoolday requirement?

    No. “Nonschooldays” means days not identified as a schoolday, pursuant to EC Section 46120(b)(1)(A), inclusive of Saturdays, as described in EC Section 37223. As such, Saturday School cannot be used to meet the 30 nonschoolday requirement pursuant to California EC Section 46120(b)(1)(B). ELO Programs that are being offered on 30 nonschooldays must be nine hours of ELO Program activities which by definition "complement, but do not replicate, learning activities in the regular school day and school year."  Saturday School has several programmatic requirements that are not aligned with ELO Program requirements (i.e. instructional time, staffing, potentially different population of pupils).

    For more information regarding the instructional time and attendance accounting requirements for Saturday School, please contact the Attendance Accounting team via email at AttendanceAccounting@cde.ca.gov.

49. Can LEAs build an ELO Program day around Saturday School in order to meet the nine-hour requirement?

    No. However, an LEA may operate an ELO Program on days in which Saturday School is offered if the LEA meets the necessary ELO Program requirements. If an LEA offered Saturday School and an ELO Program on the same day, the Saturday School instructional time would not count as part of the nine hours of ELO Program requirements towards the 30 nonschooldays. Likewise, the ELO Program hours would not be counted as instructional minutes for Saturday School.

50. Can LEAs charge a family fee for the ELO Program?

    Yes. However, pupils that are foster youth, homeless and/or qualify for free and reduced-price meals cannot be charged a family fee. Pupils not within one of these categories can be charged a family fee. If an LEA charges a family fee, it must be done so on a sliding scale that adjusts the fee based on family income and ability to pay. EC Section 8482.6

    LEAs shall allow families to demonstrate their eligibility for a family fee waiver, by way of self-certification, pursuant to EC Section 8483(e).
    

51. Does the ELO Program allow for pupils to self-certify?

    Yes. EC Section 8483(e) allows self-certification by the pupils, and states that, “for purposes of identifying a pupil who is eligible for priority enrollment pursuant to subdivision(c), the administrators of a program shall allow self-certification of the pupil as a homeless youth, a foster youth, or eligible for free or reduced-price meals. Administrators of a program may also obtain this information through the school district liaison designated for homeless children if the school district has a waiver on file allowing for the release of this information.”

52. Is an LEA allowed to create a waiting list if the ELO Program is at capacity?

    The creation and implementation of a waitlist would be a locally based decision if an LEA meets their offer and provide access requirements outlined in EC Section 46120(b).

53. Can the Extended School Year (ESY) for Special Education program days be used to help satisfy the 30 nonschooldays?

    Yes. ESY program days can be used to satisfy the 30 nonschooldays requirement if the Extended School Year day includes 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 per instructional day. EC Section 46120(b)(1)(B)

Meals

54. Is an LEA required to provide a snack and/or meal, if the LEA operates an ELO Program?

    Yes. LEAs operating an ELO Program shall comply with the snack and/or meal requirements outlined in EC Section 8482.3(d). EC Section 46120(b)(2)

55. What meal programs can be offered when summer school is in session?

    LEAs can provide meals through the National School Lunch Program (NSLP), School Breakfast Program (SBP) or through the Summer Meal Programs when summer school is in session.

56. When can meals be offered through the Federal School Nutrition Programs (SNP) including the National School Lunch Program (NSLP) or School Breakfast Programs (SBP)?

    Meals can be provided through the SBP and NSLP during school days only. This includes the traditional school year, minimum school days, Saturday school, and summer school.

57. Our school is offering a summer school enrichment session that does not count towards instruction time. What meal programs can our school utilize to serve pupils during these enrichment-only periods?

    LEAs that meet area eligibility requirements may offer meals through the Summer Meal Programs. Because in this instance, the ELO Program opportunities do not count towards instructional time, LEAs may not serve meals under the SBP and NSLP. More information about area eligibility can be found on the CDE website. For more information about Summer Meal Programs, please visit the CDE web page.

58. Can ELO Program funds be used to cover costs associated with meals provided during enrichment activities?

    Yes, however, LEAs should first seek to qualify for a reimbursable meal/snack through the SNPs prior to using ELO Program funds. If the LEA includes food costs in their program plan then these funds can be used to cover the costs of meals and/or snacks provided during ELO Program activities. Please note, if meals and snacks provided during these enrichment activities are paid for with ELO Program funds, those meals cannot be claimed under federal SNPs. The CDE is not approving or denying individual requests for allowable expenditures for ELO Program activities.

59. Does the State Meal Mandate apply to ELO Program activities before school, after school, or during intersessional periods?

    No. Under the State Meal Mandate, LEAs are required to provide two school meals free of charge (one breakfast and one lunch) during each school day to any pupil in grades K–12 who requests it. (EC Section 49501.5) ELO Program activities fall outside of and are added to a school day. While the mandate does not apply, LEAs are encouraged to meet the needs of their pupils. The State Meal Mandate can be found on the CDE website.

60. Who can I contact for questions related to the School Nutrition Program or Summer Meal Programs?

    Specific questions about the SNP can be directed to the Nutrition Services Division team at SNPinfo@cde.ca.gov. For questions about the Summer Meal Programs, please contact the Nutrition Services team at SFSP@cde.ca.gov.