State Guidelines and Program Requirements
Q1: What is the Expanded Learning Opportunities Program (ELOP)?
A: The ELOP is a California initiative that provides funding to establish afterschool and summer enrichment programs for transitional kindergarten through sixth grade students. “Expanded learning” refers to before-school, after-school, summer, or intersession programs that complement the regular school day by focusing on students’ academic, social, emotional, and physical development through engaging, hands-on experiences. The intent is for these programs to be student-centered, results-driven, involve community partners, and not simply replicate the regular classroom, but rather enhance and enrich learning opportunities.
Q2: Are school districts or charter schools required to offer an ELOP, or can they opt out of the program?
A: Participating local educational agencies (LEAs) cannot opt out of ELOP funding at this time. All eligible school districts and charter schools serving TK-6 students are automatically included in the program. Opt-out will only become an option starting in the 2025–26 fiscal year. Beginning in 2025–26, an LEA that does not wish to operate an ELOP will have to formally declare its decision to opt out as required by an amendment to the Education Code. Until then, LEAs receiving ELOP funds are expected to implement the program according to state requirements.
Q3: What are the basic program operation requirements for an ELOP (hours and days)?
A: Expanded learning programs must significantly extend the school day and year for participating students. Key requirements include:
- Minimum Hours per Day: On every instructional day, the combination of the regular school day and the expanded learning program must equal at least nine hours total. (For example, if the school day is 6.5 hours, the after-school program should provide an additional 2.5+ hours to meet the nine-hour requirement.)
- Non-School Days: Schools must offer at least 30 days of programming when school is not in session (e.g. summer or intersession), with a minimum of nine hours of enrichment activities each of those days.
- In-Person Only: ELOP activities on school days are provided before or after the regular school hours (not during instructional class time). These hours are in addition to the regular instructional minutes and do not count toward the required instructional minutes for the school day.
- Frontier Schools Exception: For schools in sparsely populated “frontier” areas (defined as fewer than 11 persons per square mile), the requirements are slightly reduced to eight hours per day and at least 30 eight-hour non-school days per year. (Frontier status is determined by census data; the CDE provides a list of frontier schools.)
Q4: Does the ELOP have to be in-person, or can we offer it virtually?
A: ELOP must be delivered in person as required by state law. Funding for ELOP is intended for before-school, after-school, or summer programs that are conducted face-to-face. Virtual or remote programs do not satisfy the ELOP requirement. (For example, an online-only program after school would not count toward ELOP hours.) However, LEAs may incorporate online or digital enrichment as a component of the program — for instance, students might engage with an educational software or virtual tutoring while physically present and supervised by qualified staff on site. The key is that students are attending the program in person with appropriate staffing, even if some activities use virtual tools.
Q5: Is transitional kindergarten (TK) included in the ELOP, or is it optional?
A: TK students are included in ELOP and must be offered the program just like kindergarten through 6th grade students. TK is considered part of the kindergarten program in California, and the average daily attendance of TK is counted in the ELOP funding formula. This means LEAs receive funds based on their TK students and, in return, are expected to provide expanded learning opportunities for TK students. In short, TK is not optional – any LEA operating ELOP is required to include transitional kindergarten in its offerings.
Q6: What staffing or student-to-staff ratio requirements must ELOP programs meet?
A: ELOP programs must adhere to staff qualifications and ratio rules aligned with CDE guidance and state law. Staff members counted toward meeting the supervision ratio should meet at least the minimum requirements for an instructional aide in the district. (Each LEA sets instructional aide qualifications, but generally aides must have a high school diploma and demonstrate basic skills proficiency.) In terms of ratios, the program must maintain a maximum of 20 students per one staff member (1:20) in general. If transitional kindergarten or kindergarten pupils are in the group, a 1:10 ratio is required for those youngest students. (In mixed-age groups that include any TK/K children, CDE advises using the stricter 1:10 ratio for the entire group to ensure safety and quality.) These ratios align with standards from existing expanded learning programs (ASES and 21st CCLC) and help ensure adequate supervision and support.
Q7: Are we required to provide transportation for students to participate in ELOP?
A: Yes. If a student is eligible for ELOP and attends a school that does not host an expanded learning program on site, the LEA must provide transportation so that the student can attend the program at another location. State law explicitly requires transportation for any pupil who needs to travel to an ELOP site (and back to the original school or a designated location) if their own school isn’t offering the program. This applies to before-school programs, after-school programs, and the 30 non-school day sessions as well. Providing a mileage reimbursement alone is not sufficient – if a family cannot transport their child, the LEA is obligated to arrange transportation for the student. The goal is to ensure that lack of transportation does not become a barrier to any pupil’s participation.
Q8: Do we need to provide snacks or meals to students in the ELOP?
A: Yes. California law requires that expanded learning programs provide nutritious snacks and/or meals, in line with the standards for after-school programs. Specifically, if an LEA operates an ELOP, it must follow the snack/meal requirements outlined in Education Code 8482.3(d), which generally means: for after-school programs, a healthy snack must be offered; for all-day summer/intersession programs, a meal might also be required. In practice, this means ELOP students should receive at least one snack every program day, and if the program runs over a usual mealtime (e.g. a summer program spanning lunch), the LEA should provide a meal. LEAs can leverage federal meal programs to meet this need – for example, using the National School Lunch Program or School Breakfast Program on regular school days, and switching to the Summer Meals programs during summer sessions. In short, nutritional support is a mandated part of ELOP, ensuring students are fed during the extended day.
Q9: Are students with disabilities allowed to participate in ELOP, and do we need to provide accommodations?
A: Absolutely. ELOP must be open and accessible to pupils with disabilities – there is no exclusion for special needs students. Under federal and state law, any publicly funded program cannot discriminate based on disability, so eligible students with IEPs or 504 plans have the right to join expanded learning just like their peers. LEAs may need to provide reasonable accommodations or support services to enable meaningful participation for students with disabilities. These accommodations are determined locally on a case-by-case basis (for example, an aide for a student, adaptive equipment, or modifications to activities), just as they would be during the regular school day. The key point is that LEAs must include students with disabilities in ELOP offerings and plan for any necessary supports, in alignment with each student’s needs and applicable laws.
Q10: Can an LEA use ELOP funds to serve students in grades beyond TK–6 (such as middle or high school)?
A: The primary obligation of ELOP funds is to serve TK–6 students, but LEAs have flexibility to go beyond that once requirements are met. Starting in 2023–24, any school district or charter receiving ELOP funding must first offer and provide access to all required TK–6 students (based on their unduplicated pupil counts) and meet the 9-hour day/30-day year programming requirements for those grades. After an LEA has satisfied its TK–6 obligations, it may choose to use remaining program resources to serve additional grade levels. For example, a district could open enrollment in the after-school program to 7th or 8th graders, or extend hours, but only after it has fully provided for the K–6 population. Keep in mind that no additional state funding is provided for those older students – ELOP funding is generated by K–6 attendance only. In summary, serving older students is optional and allowed only as an expansion beyond the core TK–6 program.
Q11: Does an LEA need to create an ELOP plan, and does it have to be submitted to the state?
A: Each LEA receiving ELOP funds is expected to develop an ELOP program plan, but this plan is approved and kept at the local level, not regularly submitted to the state. The California Department of Education (CDE) advises that the ELOP plan be approved by the LEA’s governing board at a public meeting and posted on the LEA’s website. While there isn’t an annual submission requirement to CDE, the initial plan should ideally be in place before the start of the program and then reviewed/updated at least once every three years, with board re-approval for any material changes. The plan outlines how the program will be structured, what the funds will be used for, and how it meets students’ needs. CDE may request to see the plan for purposes of monitoring or audit, so LEAs should maintain it and update it as needed. In the future, CDE also plans to ask LEAs to submit the URL of their posted plan alongside expenditure reports, to verify alignment of spending with the plan. In short, have a board-approved ELOP plan on file and accessible, but routine state submission is not required.
Funding Details
Q12: Which LEAs are eligible to receive ELOP funding?
A: Eligibility is limited to school districts and charter schools that offer classroom-based instruction in grades TK–6. In practice, this means districts and charter schools serving elementary grades are funded. (Notably, charter schools established under certain provisions for exclusive partnerships, such as those under EC 47605.5, are excluded.) County offices of education and purely non-classroom-based schools typically do not receive ELOP funds, since the program is tied to classroom-based average daily attendance. Essentially, if an LEA has TK-6 students in a traditional school setting, it will receive an ELOP allocation from the state. The funding is provided automatically through the state’s apportionment process – eligible LEAs do not have to apply, as it’s an entitlement program.
Q13: How is the amount of ELOP funding determined for each eligible LEA?
A: An LEA’s ELOP funding amount (often called its entitlement) is based on a formula using two main factors: prior-year average daily attendance (ADA) in grades TK–6, and the percentage of “unduplicated” pupils (students who are low-income, English learners, or foster youth). Each year’s state budget sets two funding rates per student: Rate 1 (higher) for LEAs with an unduplicated pupil percentage (UPP) of 75% or above, and Rate 2 (lower) for LEAs with a UPP below 75%. If an LEA’s UPP meets the 75% threshold, it qualifies for the higher per-pupil funding. Moreover, once an LEA qualifies for Rate 1, it is guaranteed to keep the higher rate for at least three years, even if its UPP dips slightly below 75% in the interim. Only if the UPP remains below 75% for four consecutive years would the LEA be moved down to the lower rate. Funding is calculated on prior-year data, so for example, 2024–25 funding would use 2023–24 ADA and UPP figures. Payments are then distributed as part of the regular Principal Apportionment schedule (the same monthly payment system as other state funds). In summary, LEAs with higher proportions of high-need students receive more ELOP funding per pupil, and allocations adjust annually based on updated attendance and demographic data.
Q14: When and how do LEAs receive their ELOP funds?
A: ELOP funding has been integrated into California’s Principal Apportionment system. This means LEAs receive ELOP funds on the same timetable as other state education funds (for example, through periodic payments during the fiscal year). Initially, in the 2021–22 rollout, ELOP funds were allocated separately, but by the 2022–23 school year, the program became part of the Principal Apportionment formula. LEAs can look up their specific ELOP entitlement and payment schedule on CDE’s apportionment web pages. There is no separate grant award process; funding flows automatically based on the formulas described. Essentially, once you’re an eligible LEA, your ELOP funding will be included in your regular state funding payments.
Q15: Do new or growing schools get ELOP funding in their first year?
A: New charter schools do not receive ELOP funds in their first year of operation, because the funding formula relies on prior-year data. Since a brand-new charter has no prior-year ADA or UPP, it won’t generate an allocation until its second year (once it has prior-year enrollment data to report). Similarly, if an existing charter school or district experiences a significant mid-year influx of students (e.g., opening a new grade level or program that boosts enrollment), the additional students won’t increase the ELOP funding until the following fiscal year. In other words, ELOP funding is always one year behind enrollment changes. LEAs should plan accordingly: a new school must fund any first-year expanded learning offerings from other resources and then expect ELOP money later, and rapidly growing schools will see funding catch up in the next cycle.
Q16: Is there a deadline to spend ELOP funds, or can unspent funds carry over to the next year?
A: ELOP funds have use-it-or-lose-it provisions, meaning there are deadlines by which funds must be spent. For the initial years (2021–22 and 2022–23 allocations), the state allowed carryover into the next year but set a firm expenditure deadline of September 30, 2024. LEAs had to spend those early funds by that date and report expenditures by October 31, 2024, after which any unspent dollars would be collected back by the state. Starting with 2023–24 funds and beyond, all ELOP monies must be expended by June 30 of the following fiscal year. In simpler terms, you effectively have one extra year to use the funds; for example, funds received in 2023–24 must be used by June 30, 2025. Any funds not spent by the deadline cannot be carried further forward and will revert to the state. The recouping of unspent funds is handled either through an adjustment in the Principal Apportionment (for active LEAs) or by invoice (for charter schools that closed). It’s important for LEAs to plan ELOP budgets so that all funds are used for program purposes within the allowable time, as unexpended dollars will be forfeited.
Q17: What financial reporting or audit requirements are attached to ELOP funding?
A: LEAs must adhere to specific reporting and accountability measures for ELOP funds. Notably, for 2021–22 and 2022–23 funds, a final expenditure report was due to CDE by October 31, 2024 to account for how those funds were used. Failure to submit this report would result in the LEA forfeiting all funds from those years. Going forward, beginning in 2023–24, ELOP is included in the annual independent audit that every LEA undergoes. Auditors will verify that the LEA met key program requirements (like offering the program to the required students and providing the full hours and days). If the audit finds the LEA did not meet requirements, it will trigger a finding and the LEA may have to pay back a portion of the funds to the state (see the compliance section for penalty details). Additionally, LEAs will be expected to report expenditures for each year’s ELOP funds (the state may require expenditure reporting as part of year-end financial reporting or a separate process). In summary, LEAs should track ELOP spending and participation carefully – they need to maintain records of attendance and expenses and be prepared to report these to CDE or auditors. All ELOP funds must be used for allowable purposes, and documentation is key to demonstrating compliance.
Q18: What can ELOP funds be used for?
A: ELOP funding can only be used for expenses related to operating the expanded learning program – but within that scope, LEAs have flexibility to meet local needs. Permissible uses include staffing costs (salaries for program teachers, aides, and coordinators), enrichment materials and curriculum, snacks/meals, transportation costs to get students to/from the program, site supervision, and other program operational costs. The CDE does not provide a strict itemized list, but it expects that all expenditures are “necessary and reasonable” for running the ELOP, consistent with the LEA’s policies and the ELOP plan, and properly documented. Some examples and guidelines on uses:
- Integrating with Other Afterschool Funds: ELOP funds can be blended with After School Education and Safety (ASES) and 21st Century Community Learning Center funds to form one comprehensive program. In fact, using ELOP dollars as the local match for an ASES grant is explicitly allowed. The expectation is that districts will use all funding streams together to serve more students and expand program hours, while following the most stringent requirements of each funding source.
- Timing of Services: Funds cannot be used for activities during the regular instructional day. ELOP is meant to supplement, not supplant, classroom time. However, you can use funds to pay staff for planning or prep work that might occur during the school day, as long as that staff time is dedicated to the after-school/summer program (and not teaching or supervising during class).
- Allowable Costs: Generally, any cost that directly supports the ELOP’s operation is allowable – for example, transportation services, facility costs (if you need additional space or utilities for the program), supplies, and even janitorial services can be covered, as long as they are tied to the program’s needs. The rule of thumb is that costs should align with the program’s objectives and be properly proportioned. If something is used partly for the expanded learning program and partly for the regular school, costs should be split (cost-shared) accordingly so that ELOP funds only pay for the ELOP portion. All spending should also line up with what was outlined in the LEA’s ELOP plan and adhere to any relevant federal cost principles for state funds.
In short, use ELOP dollars to run and enhance your before/after school and summer programs for TK-6 students, and avoid using them for anything outside that scope. Always document how expenditures benefit the ELOP. If unsure about a particular expense, consider whether it is reasonable, necessary, and allocable to the expanded learning program’s purpose.
Q19: Can we use ELOP funds to run the program at an off-site location (outside of school)?
A: Yes. There is no prohibition on using an off-campus location for ELOP activities, as long as all program requirements are met. An LEA may partner with a community organization or use a facility (like a community center or park) to host the expanded learning program. In doing so, the LEA must ensure that all the usual rules (staffing ratios, hours, etc.) are followed and, importantly, that transportation is provided if needed to get students there. The state does not require any special waiver or form to operate off-site. Just make sure parents are aware of the location and logistics, and that students have a safe way to travel. Off-site programs can be a good solution for space or partnership reasons – just remember that the responsibility for compliance and access remains with the LEA, even if the venue is not a school campus.
Q20: How should ELOP funds be accounted for in our budgeting system?
A: The California School Accounting Manual (CSAM) has assigned specific accounting codes for ELOP funds. LEAs should record ELOP revenues under Resource Code 2600 (Expanded Learning Opportunities Program) and use Revenue Object Code 8590 (All Other State Revenue) for the income. By using these Standardized Account Code Structure (SACS) codes, districts and charters can properly track the receipt and use of ELOP funds in their financial reports. Expenditures paid with ELOP funds should also be tagged to Resource 2600 so that they can be identified for reporting and auditing. In short, ELOP money is a restricted state fund – keep it in the separate resource code provided, and follow your usual procedures for tracking expenditures against that resource.
Enrollment Criteria and Student Participation
Q21: Who can participate in the Expanded Learning Opportunities Program?
A: ELOP is designed to serve students in transitional kindergarten (TK) through 6th grade in districts and charter schools that receive the funding. In the first years of the program, the law prioritized “unduplicated pupils” – meaning students who are low-income, English learners, or in foster care – as the primary group to be served. By the 2023–24 school year, however, LEAs must offer the program to all TK–6 students in classroom-based programs whose families want to enroll. This effectively makes the program available to any child in those grades, though if resources are limited, high-need students should be served first (see next question on priority). It’s important to note that ELOP is an inclusive program: it must be open to students with disabilities on the same basis (with accommodations as needed), and it can include any subgroups (homeless youth, migrant, etc.) that fall within the grade range. The core mission is to expand learning for elementary-age students, so older students (grades 7–12) are not the focus of ELOP. Only once an LEA has met all requirements for TK-6 may it consider serving additional grades using these funds (and many do not, given the funding is generated by TK-6).
Q22: Which students get priority for ELOP enrollment if space is limited?
A: LEAs should give first priority to “unduplicated” students – those who are counted in the Local Control Funding Formula as high-need (eligible for free/reduced-price meals, English learners, or foster youth). The ELOP funding each LEA receives is calculated based on the number of these unduplicated pupils, so the intent is that these students are served first. In practical terms, if an expanded learning program has limited slots, a student who is low-income, an English learner, or in foster care should be admitted before a student who does not have those risk factors. Additionally, homeless students must be given priority access for any ELOP programs offered during non-school days (such as summer). This means if you run a summer program under ELOP, any homeless youth in your district should get priority placement in that summer session. After prioritizing these groups, LEAs can serve other students as well, and ultimately (as noted) are expected to accommodate all interested TK-6 students over time. But if demand exceeds capacity at any moment, ensure your highest-need students are not turned away.
Q23: How do families enroll their children in the ELOP?
A: Enrollment in ELOP is handled locally by each LEA, typically through a registration process similar to signing up for any after-school program. Schools or districts will provide registration forms or an online sign-up for families. Parents need to complete and submit the ELOP enrollment form for their child, indicating that they want their child to participate. From a compliance standpoint, an LEA is considered to have “provided access” to a student once that student has a signed registration form on file and is placed on the program’s roster. In other words, for audit purposes, having the paperwork that a parent/guardian enrolled their child is key. After registering, the student can attend the program on the days it’s offered, and the program should be available throughout the school year (and for the required summer/intersession days). LEAs should conduct outreach in culturally appropriate ways to inform families about the program and encourage them to sign up. It’s also worth noting that participation is voluntary – families are not required to use the program, but the school must offer the opportunity to all (especially to those high-priority groups). If a family opts not to participate, the LEA won’t be penalized.
Q24: Is attendance in ELOP mandatory for the targeted students?
A: No, ELOP participation is completely optional for students and families. The LEA’s obligation is to offer the program and to provide access to all eligible students who wish to participate, but no student is required to attend if they or their parents do not want to. State law explicitly states that pupils who opt not to participate do not create any penalty for the LEA. For example, a school might invite all its qualifying students to enroll, but if some families decline the after-school services, the school is not punished for those students’ non-participation. The program is meant to be a support and opportunity, not a mandate. That said, LEAs should make a good faith effort to maximize attendance and engagement (since the goal is to help students), but ultimately it remains the family’s choice.
Q25: Can an LEA charge families a fee for their child to attend the ELOP?
A: Yes, LEAs are permitted to charge a fee for ELOP participation, but with important restrictions. Students who are foster youth, experiencing homelessness, or eligible for free/reduced-price meals cannot be charged any fee – the program must be free for these high-need pupils. For other students (those who do not fall into those categories), an LEA may implement a family fee on a sliding scale. A sliding scale means the fee is adjusted based on the family’s income and ability to pay, ensuring the fee is not a barrier. Furthermore, if an LEA does choose to charge fees, they must allow families to self-certify their eligibility for a waiver. For instance, a family can self-identify as low-income or homeless to qualify for free access, without needing to provide extensive documentation, in line with EC 8483(e). Many LEAs opt to make ELOP free for all students, using the state funds to cover costs entirely. But if fees are charged to offset costs for non-unduplicated students, they should be nominal and never prevent a student from participating. In summary: ELOP should be free for low-income, homeless, and foster youth; modest fees for others are allowed on a sliding scale, but an LEA is not required to charge any fees.
Q26: What if we have more students interested in ELOP than we can serve? Can we maintain a waitlist?
A: The aim of the program (especially with increased funding) is that LEAs provide access to all students who request it, so ideally a waitlist would be unnecessary after ramp-up. However, if an LEA finds that demand temporarily exceeds capacity, creating a waitlist is a local decision. The LEA must ensure it has met its “offer and provide access” obligations under the law first – meaning all students entitled to participate (as defined by EC 46120[b]) have been given a chance to enroll. If the program is at capacity after admitting all unduplicated students who wanted in, for example, the LEA could institute a waitlist for additional students. This should be handled equitably and transparently at the local level. It’s important to document that the LEA did offer the program to everyone and is actively seeking ways to expand capacity or find alternatives for waitlisted students. Bottom line: a waitlist can be used as a short-term measure, but the LEA should plan to scale up so that eventually no eligible student is turned away. State guidance leans toward serving all interested TK-6 pupils either through your own program or via consortium partnerships, rather than capping enrollment.
Program Compliance and Accountability
Q27: What ongoing monitoring or reporting is required to ensure our ELOP is in compliance?
A: LEAs are expected to monitor their ELOP internally and be prepared for external oversight. Key compliance steps include:
- Tracking Attendance: Keep records of student attendance in the program. This is important for student safety, program quality, and to demonstrate that the program was offered as required. Attendance data can help evaluate the program and is also useful documentation during audits.
- Tracking Expenditures: Maintain clear financial records for how ELOP funds are spent. While LEAs have flexibility in their accounting methods, expenses should align with the ELOP plan and be traceable. You will need this information for year-end financial reports and in case of an audit query.
- Annual Audit Inclusion: Starting in 2023–24, the annual independent audit of the LEA will include verification of ELOP requirements. Auditors will check whether the LEA offered the program to the correct number of students (based on funding received) and met the required hours and days of operation. They will likely ask for evidence such as enrollment forms, attendance rosters, schedules showing 9-hour days and 30-day programs, etc. Make sure you have this documentation organized.
- Expenditure Reports: As noted in funding FAQs, LEAs had to submit final expenditure reports for initial years. Continue to follow any CDE instructions for reporting ELOP expenditures annually or at the end of grant periods. The CDE may collect data on how funds were used to inform lawmakers and for accountability.
- CDE Monitoring: The California Department of Education can request program information at any time to ensure compliance and quality. This could include requests for your ELOP plan, details on program implementation, or student participation numbers. Being part of the CDE’s Expanded Learning online reporting systems or listservs will help you stay up-to-date.
- Continuous Improvement: Though not a strict “compliance” mandate, LEAs are encouraged to use data (attendance, feedback, outcomes) to continuously improve the program. This aligns with CDE’s vision of high-quality expanded learning.
In short, document everything – who you served, for how long, and what you spent – and be proactive in reviewing your program against the requirements. If you do this, you’ll be well-positioned when audit time comes or if the state asks for information.
Q28: How will non-compliance with ELOP requirements be identified, and what are the consequences?
A: Non-compliance will primarily be identified through the audit process or CDE oversight, and the consequences are financial penalties. If an LEA fails to meet ELOP requirements (for example, it did not offer the program to all the students it was supposed to, or it didn’t run the full 9 hours or 30 days), the annual audit will flag this. Beginning in 2023–24, any such failures result in an audit finding, and the LEA may have to return a portion of its ELOP funding to the state. The penalty is proportional to the shortfall. For instance:
- If a district was required to offer access to 100 students but only offered it to 90, it missed 10 students (10% of its target) – the penalty would be roughly 10% of its ELOP funds for that year, returned to the state. (Students who were offered the program but chose not to attend do not count against the district.)
- If the LEA failed to operate the full number of days or hours (say it only provided 25 of the 30 days, or some days were shorter than 9 hours), the law sets a formula to calculate a penalty per day missed. For school districts, each day short is penalized at 0.0048 times the district’s annual ELOP allocation; for charter schools, 0.0049 times the allocation per day. So missing 10 days could mean about 4.8%–4.9% of the funding is forfeited. These specific factors essentially equate to roughly a half-percent of funds per day.
All penalties are applied to the LEA’s ELOP entitlement for the year in question and will be recouped through the Principal Apportionment system (as a prior year adjustment). In summary, not meeting ELOP requirements can cost your LEA a portion of its state funding. The structure is designed to enforce compliance without completely defunding the program – the hit corresponds to the degree of non-compliance. It’s far better to run the full program as required than to lose funds and services due to avoidable shortfalls.
Q29: Are there any exceptions or special circumstances where an LEA won’t be penalized for not meeting ELOP requirements?
A: Yes, the law provides reasonable exceptions for emergencies and certain planned closures. If an LEA is temporarily unable to operate the ELOP due to emergency conditions – for example, a natural disaster, public safety power shutoff, wildfire, flood, or other emergency that forces school site closures – the LEA will not be penalized for those days. The LEA’s governing board must adopt a resolution stating the emergency and keep documentation of the closure (similar to how regular ADA is protected under emergency provisions). Essentially, if something out of the LEA’s control shuts down the program, the days missed won’t count against them in the audit. Aside from emergencies, LEAs are explicitly allowed to close the expanded learning program for up to 3 days in a year for staff training/professional development. This aligns with an existing ASES program rule. Those up-to-3 training days can occur during the regular 175 school days or the 30 non-school days and do not count as a failure to provide service. So you can plan, say, three days before the school year or during the year when the program is closed so staff can attend professional development – and still be in compliance. Remember that these are limits, not goals: beyond 3 PD days, you’d need to count additional closures as missed program days. In summary, true emergencies and up to three PD closure days are forgiven and won’t trigger a funding penalty. Always document these instances thoroughly (board resolutions, notices to CDE if required) to ensure they are recognized under the law.
Q30: What accountability measures ensure quality in addition to compliance?
A: Beyond the technical requirements and audits, California’s approach to expanded learning emphasizes continuous quality improvement and local accountability. LEAs are encouraged to use tools like the Quality Standards for Expanded Learning in California to self-assess their programs in areas such as safe and supportive environment, active and engaged learning, skill building, youth voice and leadership, etc. While not mandated in the same way as the hours or attendance, these quality considerations are supported through state guidance and professional development networks. The CDE’s Expanded Learning division provides resources, a statewide system of support, and a PASE (Principal Apportionment) listserv for updates and best practices. Additionally, requiring the ELOP plan to be approved by the school board in a public meeting means there is local oversight and transparency. Community partners and parents can engage in that planning process. If an LEA consistently fails to implement a high-quality program, stakeholders can raise concerns locally or with the CDE, which can prompt technical assistance or further monitoring. In short, accountability for ELOP operates on multiple levels – compliance is checked by audits and CDE, and quality is supported through guidance and local governance. The ultimate measure of success is whether students benefit from the additional learning opportunities, so LEAs should not only aim to “stay legal” but also to make the program enriching and impactful.
Sources:
- California Department of Education – Expanded Learning Opportunities Program (ELO-P) FAQs (General Program Information, Program Requirements, Funding Guidelines, District Requirements) (accessed 2025)
- California Department of Education – Expanded Learning Opportunities Program General Information (Program Overview, Program Definitions) (accessed 2025)
- California Education Code §46120 and §8483.4 (as amended by recent legislation) (Implementation Requirements, Professional Development) (requirements for ELOP implementation and staffing)
- California Department of Education – Principal Apportionment Updates (Funding Timeline, Apportionment Changes) (details on funding calculations and schedules)
California Department of Education – Expanded Learning – Meals and Nutrition Requirements (Program Operations, Nutrition Guidelines) (snack/meals mandate and fee guidance)
