August 2024 ELO-P Updates
August 29, 2024

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Read the latest updates from the California Department of Education, Expanded Learning Division regarding the Expanded Learning Opportunities Program (ELO-P).

New and Updated ELO-P FAQs Added

New and updated ELO-P FAQs have been posted to the CDE webpage. Some topics covered in the updated FAQs now include emergency closure procedures and expenditure reporting, among others. To view these new and updated ELO-P FAQs, please click here.

New ELO-P Calculator

The CDE has posted a new LEAs penalty calculator tools designed to assist LEAs and auditors in estimating the cost of audit findings related to ELO-P.

The ELO-P Calculator estimates the cost of an audit finding for failing to meet the offering and access, and day requirements in FY 2023–24 and subsequent years (EC Section 46120). More information concerning the ELO-P requirements and the associated penalties can be found on the ELO-P FAQs webpage.

This calculator is now accessible on the CDE’s Penalty Calculators web page. The 2023–24 Audit Guide, including the Supplement to the 2023–24 Audit Guide, can be found on the Education Audit Appeals Panel web page.

For audit questions, please contact the Audit Resolution Office at 916-323-8068 or by email at LEAAudits@cde.ca.gov for assistance.

For ELO-P funding questions, please contact the Principal Apportionment Section at 916-324-4541 or by email at PASE@cde.ca.gov for assistance.

The Expanded Learning Opportunities Program, Transitional Kindergarten (TK), and Kindergarten (K) Report to the Legislature, as required by SB 114 (Chapter 48, Statutes 2023)

This report is required by EC Section 46120(f), which states that any local educational agency receiving an apportionment for the ELO-P in 2023–24 must provide data for all third-party providers that are operating the program at an off-site location.

The California State Legislature will use this data to help inform the decision as to whether the ELO-P will continue to be exempt from licensing and special permit requirements.

If you would like to view the report, it is located on the CDE Web page at ELO-P TK and K 2023 – Legislative Report (CDE)

If you have any questions about this email, please reach out to the Expanded Learning Division at eloprograms@cde.ca.gov

ELO-P Emergency Closure Guidance

EC Section 46120 (b)(9) was added for LEAs that are temporarily prevented from operating ELO-P due to a school or program site closure due to an emergency condition.

EC Section 46120 (b)(9) has been amended so that ELO-P LEAs may avoid fiscal penalty for Expanded Learning program closure due to emergency conditions. LEAs must document a resolution by the LEA’s governing board with documentation substantiating the need for such closure and show that resolution to auditors during the audit in order to meet the 180 instructional days/30 non-instructional day program operation requirement.

ELO-P Recipients and 21st Century ASSETs Grantee Updates

AB 373 (Gipson), chaptered into law on October 7, 2023, amended EC sections 48850 and 48853.5, relating to intersession programs, requiring LEAs operating elementary and middle school ELO Programs to offer (advertise) and provide (enroll) priority access to homeless and foster youth on any non-school day that the program is in operation.

Effective January 1, 2024, ASSETs program grantees must grant priority access to homeless and foster youth on any non-school day that the program is in operation.

LEAs receiving ELO-P funding and ASSETs grantees must ensure compliance with EC sections 48850 and 48853.5 as provided above by January 1, 2024.

If you have questions regarding this subject, please contact your Regional Educational Program Consultant listed at EXLD Regional Contacts.

ELO Program Attendance Guidance

There are no attendance requirements for the ELO-P. However, per EC Section 46120(f), LEAs are highly encouraged to track student attendance for student safety. 

Student attendance in programs should be based on family needs. Per EC Section 46120(c)(2), students do not have to stay the entire nine hours of ELO-P programming. 

The CDE has received some parent/guardian communication regarding their students being required to stay the entire nine hours in ELO-P programs, even though the law does not require this. Even during summer ELO-P programs, families and students have the flexibility to use as few or as many hours of ELO-P programming that suits their individual needs. 

Per EC Section 46120(b)(1), state law requires ELO-P programming to be open nine hours a day (either combined with the school day or alone during non-instructional days).