The emancipation statute does treat an emancipated minor as an adult for the purpose of his or her capacity to enroll in a school or college. However, this does not make them an adult for purposes of the Adult Education Program, which is limited to those 18 years and older by its express terms. Further, an emancipated minor is still subject to compulsory education laws until the age of 18, or until they meet other specified criteria, the same as any other person in California. The argument to the contrary is confusing capacity to enroll in a school (which an emancipated minor needs in order to attend school), and being treated as an adult in an adult education program.

The guidance has not changed. CAEP funds may not be used for any student under the age of 18. They may be served in the adult education program but the district must support the student using other funding sources.

These would only be considered for CAEP if they were offered as part of a workforce course / CTE. This would not fall under ESL for CAEP. Since this is a community college program, if it is being offered as some sort of work related tool, then they would need to check with the chancellor’s office in regards to course approval (as all CTE courses need state approval).

There is no education code that would prevent that member from offering similar services. These types of issues should be discussed among members during the annual planning & 3 year planning process (when members discuss what they plan to do with their funding and how that aligns with serving those in need). If there are 80,000 adults in need for the region and you are serving 20,000 of those adults, this should not be an issue. Is there oversaturation in some areas, and no services in others? All this should be part of the planning discussion.

All information relating to COVID-19 can be found here000

The CAEP Office does not have a stance on this subject. This would be a local decision. We have not heard from other consortia yet as to how they are doing CTE classes.

Yes - for K-12 district the course will need to be taught by a credentialed CTE instructor.

You are not obligated to allow them to join, or to reduce others to fund them. Any decisions to add or fund a member must be voted on and approved at the consortium level. It may be an item to discuss at the next meeting, where a vote can occur to allow them to rejoin the consortium and fund them. If the vote does not pass, the situation is resolved. Legislation states no member shall receive an allocation less than the previous year, unless agreed upon. Although a member is willing, no other members have agreed to give up funding. But the Consortium would have to vote to approve adding the new member as a part of the consortium, whether funding is being given by someone or not.

It's a consortium-level action, so neither the State, nor TAP, will get involved as long as the voting process for the consortium is followed.

If CPR and Food Safety were offered by the K12 adult school (even if a fee was charged) with a credentialed teacher, and they were following all the pertinent education code, this would be considered part of the California Adult Education Program (aka AEBG). This would also apply to noncredit community college program (although noncredit does not charge any tuition fees).

Yes, as long as you are following education code and the teacher credentialing requirement.

No. Studying and tutoring would NOT be considered student hours for this exercise. There are limited instances where tutoring can be claimed for apportionment/attendance, but you must follow the appropriate education code and regulations. (EC 58170).

"Contract education" means those situations in which a community college district contracts with a public or private entity for the purposes of providing instruction or services or both by the community college (EC 78020). The contracting community college district or districts shall recover, from all revenue sources, including, but not necessarily limited to, public and private sources, or any combination thereof, an amount equal to, but not less than, the actual costs, including administrative costs, incurred in providing these programs or training. The attendance of students in these contract education programs shall not be included for purposes of calculating the full-time equivalent students (FTES) for apportionments to these districts, unless all statutory and regulatory conditions for generating FTES are met (EC78021).

EC Section 51225.2 provides the definitions of each of the groups entitled to EC exemptions.

EC Section 51225.1 addresses the rights of youth/pupils/children that are identified as homeless, former juvenile court school pupil, or a pupil who is a child of a military family. However, the language in the exemptions provided by Section 51225.1 reference youth, pupils, and children and does not extend the exemptions to adult students in adult education.

EC Section 51225.1 (as amended by Assembly Bill 365 on October 13, 2017) addresses the rights and responsibilities of students and schools in respect to exemptions of school transfers, completion of coursework, and other requirements adopted by the governing board.

California Education Code (EC) Section 51225.3 defines the statewide coursework minimum requirements as 13 year-long courses in order to receive a diploma of graduation from high school. Section 51225.1, among other things, states that a school district shall exempt pupils who are homeless child or youth, former juvenile school pupil or pupil who is a child of a military family, “who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.” Other than pupils, children, or youth, Section 51225.1 does not extend the exemptions to adults who had been members of any one of these subgroups.

California Education Code (EC) Section 51225.3 defines the statewide coursework minimum requirements as 13 year-long courses in order to receive a diploma of graduation from high school. Section 51225.1, among other things, states that a school district shall exempt pupils who are homeless child or youth, former juvenile school pupil or pupil who is a child of a military family, “who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.” Other than pupils, children, or youth, Section 51225.1 does not extend the exemptions to adults who had been members of any one of these subgroups.

EC Section 51225.1 (as amended by Assembly Bill 365 on October 13, 2017) addresses the rights and responsibilities of students and schools in respect to exemptions of school transfers, completion of coursework, and other requirements adopted by the governing board.

EC Section 51225.1 addresses the rights of youth/pupils/children that are identified as homeless, former juvenile court school pupil, or a pupil who is a child of a military family. However, the language in the exemptions provided by Section 51225.1 reference youth, pupils, and children and does not extend the exemptions to adult students in adult education.

EC Section 51225.2 provides the definitions of each of the groups entitled to EC exemptions.

The CDE has stated that students taking adult courses must reside in the state of California.

Per the guidance at the bottom under foster youth, the exemption would continue.

We don’t have sample charter agreements, but some consortia post their by-laws on our website as well as in the NOVA document box.

Recently, the Los Angeles Consortium did a study of all the governance structures in the state. This web link has links to many regional studies on governance (including the LA one).

There are some old charters here.

But I would recommend looking at select regions via our map and examine if they posted anything in the document box.

CDE has advised the following:

The local school should contact GED. If she took it, they will have a record.
The student should attend adult education in Reno.

If you can put the student in contact with the adult ed program in Reno, they can help her get started with them.

The guidance memo you are referring to is Following the 2019-20 CAEP Annual Plan

The recently released (March 2022) education code regarding the creation of new CTE programs is provided below:

The language referenced was added to education code 84906 – as part of the planning section for CAEP. See this link Law section (ca.gov)

It states (see below) that any CTE classes have to be approved (or at least an approved job market study) by the local governing board OR the regional consortium. I believe this is already required as part of community college noncredit statute (and it used to be in K-12 adult ed code). It would be a good practice for consortium members to share information when they are opening new programs.

EC 84906 (3) (A) Before establishing a career technical education training program, each member of a local adult education consortium, or the consortium as a whole, shall conduct a job market study of the labor market area in which it proposes to establish the career technical education training program or rely upon the most recent job market study of the labor market area conducted by the local workforce development board. The study shall use local labor market information and consider a supply analysis of existing career technical education training programs for adults maintained by high schools, community colleges, and other postsecondary educational institutions in the geographic area to ensure that the anticipated employment demand for adults enrolled in the proposed training program justifies the establishment of the proposed courses of instruction.

(B) After completing the job market study and before establishing the career technical education training program, the governing body of a member of a local adult education consortium, or the consortium as a whole, as applicable, shall determine if the job market study justifies the proposed career technical education program.

A K-8 district cannot open an adult school. In addition, a charter school doesn’t qualify as a consortium member.

A suggestion would be for them to get an MOU with a neighboring K-12 adult school, and/or the local community college district to offer adult education in their district. Note – if a K-12 adult school wants to go into another district and offer adult education, in addition to the MOU, it also needs CDE approval. The community college does not need CDE approval.

Looking at the SB 554 language, the bill covers students pursuing their high school diploma or high school equivalency certificate. SB 554 does not address qualifiers like previously issued degrees, diplomas, or certificates outside the US. Since the goal is to “better facilitate streamlined enrollment in co-located credit college courses on adult education and noncredit program sites and to help ensure a smoother transition from secondary education to college for adult high school equivalency students by providing them with greater exposure to the collegiate atmosphere” - there is no problem with allowing those students with degrees outside the US from qualifying under SB554 (as long as they are working towards their HSE or HSD).

Consortia can change the funding formula if the consortium votes to do so. Once the new funding formula is in place, all members will need to vote to change the funding formula.

The vote (all vs. majority vs. quorum) will be contingent upon your bylaws.

The expiration date of the funds remains the same, 2 years, or 2.5 years with a corrective action plan in NOVA.

Please follow current noncredit regulations and education code for online course reporting.

While we can't help with the log in on that site, we can verify the CDE Consultant. The CDE Consultant will be able to assist and guide with the submission of a new course.

Adult schools can serve students under 18 as long as the district pays. No CAEP funds may be used.
Any minor, regardless of age, who is pregnant or is a parent actively engaged in raising one or more of the minor’s children, is eligible to enroll in any adult education course or class described in Section 41976. Money under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of adult education courses or classes described in Section 41976. A school district shall clearly demonstrate that the costs of instruction for persons under 18 years of age enrolled in an adult education course or class described in Section 41976 are from another allowable fund source or sources (EC 52610.5).

Districts can have students use adult ed for credit recovery – but there are many regulations they must follow when allowing concurrently enrolled students to take classes at the adult school. It still can’t be funded by CAEP.

There are exceptions, see below.
Adult Education Enrollment Age Requirements
Persons eighteen years of age and older are eligible to enroll in adult education programs. Also eligible are (1) minors, regardless of age, who are pregnant or are actively engaged in the parenting of his or her child or children (EC 52610.5); (2) high school students who are eligible for enrollment in adult education programs (EC 52500.1); and (3) students who are exempt from compulsory continuation education as prescribed by law (EC 48410). Emancipated minors are considered adults and may enroll in any adult school or college in accordance with the eligibility rules of the institution. During their period of expulsion, expelled students may not enroll in any other school or school district except a county or district community day school or a juvenile court school (EC 48915.2[a]).
There is nothing listed that relates to 6-18 year olds attending adult education. Again, districts can have pregnant minors or emancipated minors in adult education, however CAEP funding is ony allowed for students 18 and over. If a district has an emancipated 17 year old in their adult ed program, the student would not be allowed to be in any class funded by CAEP. The classes that student can take must be funded by another source of funds at the district.

Per the Ed Code 84906 (copied below), a job study is only required for a career technical education training program. This would include only short-term CTE courses leading to licensure or certification. It would not apply for workforce preparation courses or pre-apprenticeship.

Course Approval for CTE courses (EC 84906):
Before establishing a career technical education training program, each member of a local adult education consortium, or the consortium as a whole, shall conduct a job market study of the labor market area in which it proposes to establish the career technical education training program or rely upon the most recent job market study of the labor market area conducted by the local workforce development board. The study shall use local labor market information and consider a supply analysis of existing career technical education training programs for adults maintained by high schools, community colleges, and other postsecondary educational institutions in the geographic area to ensure that the anticipated employment demand for adults enrolled in the proposed training program justifies the establishment of the proposed courses of instruction. (B) After completing the job market study and before establishing the career technical education training program, the governing body of a member of a local adult education consortium, or the consortium as a whole, as applicable, shall determine if the job market study justifies the proposed career technical education program. Please see the appropriate education code and regulations that govern your system’s course approval process.

The use of student fees for state exams are dependent on the initiative/program itself and not necessarily spelled out in the Education Code.

With respect to your inquiry regarding education code that may support exam fees, SB 117, passed in 2023 to be effective July 10, 2023, expanded the allowable uses of funds for the community college Strong Workforce Program as referenced in Education Code section 88825 (c)(2)(B)(i) below:

We have included the Strong Workforce Program Guidance Memo located on the Chancellor’s Office Website that was released in September 2023 in reference to the updated legislation that expanded the allowable use of funds. If you have further questions on SWP, please reach out to your assigned regional monitor to determine whether your use of funds would be in alignment with your regional plan.

In reference to CAEP, neither the CAEP Ed Code nor the CAEP Fiscal Management Guidance specifically call out this proposed expenditure. Therefore, CAEP funds are more restrictive in this area of student exam fees. It will depend on how your college is looking to expend CAEP funds in terms of state exam fees and how that process will be administered. We would recommend institutions to use caution to ensure that they do not cross the Prop 98 gifting of public funds limitations depending on how the student testing fees are administered. If the exam fees are provided directly to the students with no restrictions on how they will be utilized, then the expense would not be allowable. Please note that what is called out in SWP expanded allowable use of funds might not be in line with what CAEP allows.

Please note that ultimately CAEP regional consortia members are responsible for allocation decisions. Funds expended must comply with your district’s local policy regarding the gifting of public funds limitations. Furthermore, CAEP expenditures must be reasonable and justifiable. In this context, “reasonable” means that expenditures will be made prudently and with every effort to utilize funds efficiently, and “justifiable” means that expenditures are consistent with CAEP program goals and activities related to the seven program areas as identified in the CAEP Program budget language.

As outlined in the CAEP Fiscal Management Guidance, all allowable costs must meet three primary criteria (p. 12):

1) Substantiate that the cost was necessary and reasonable for proper and effective administration of the allocations.

2) The cost must be allocable to the funding source activities.

3) The cost must not be a general expense required to carry out the consortia member’s overall responsibilities (i.e. not supplanting).

Please note that even if the costs meet the prior three criteria, these costs must be approved by your consortium and reflected as an activity within the Three-Year Consortia plan and the Annual plan. Otherwise, it may not be allowable within that year. Additionally, CAEP funds can only be used to support adults within CAEP program areas as identified by the legislation (EC Section 84913, CAEP Program Guidance, p.13).

Charter schools do not meet the education code requirements for CAEP consortium membership and therefore CDEs legal opinion on charter schools – consortia are not required to allow charter schools to join the consortium.

Per the guidance, when a district submits their expenses it has been reviewed and approved by the district business/ accounting office. The consortium lead only checks to see if the expenses are in line with the overall consortium plan and the district annual plan. We do not want consortium leads responsible for approving or reviewing expenditures as that opens them up to all kinds of responsibility. But in other consortia, member share their expenses with each other and discuss openly what they are spending their funds on.

Yes, any Member Representative assigned to a member agency and given authority to vote on behalf of that institution, must be approved by the institution's governing board. Their approval must be notated in the minutes of that board meeting and kept on file if ever needed. No Member Representative is allowed to cast a vote for an agency without such board approval.

Member agencies cannot be removed from your dashboard unless they have left the consortium all together. Since we are just dealing with the member representative retiring, we cannot have their agency removed.

Someone from their agency will need to be added to NOVA to approve the plan on the district's behalf. They may need to hold an emergency board meeting to get someone board approved to do this.

The only other option is to have the Superintendent/President of the agency give you permission, in writing, to approve the Annual Plan on their behalf. Once permission is obtained, you can add yourself as a member representative for that agency. To do this you will first click to add a contact at the agency in NOVA. Add yourself as a Member Representative. You will then remove other member representatives (if there are any) until you are the first one listed. Please write the people down so no one is accidentally left off. Once you are the first Member Rep listed, you will now want to add the others back.

Once you have done that and approved the Annual Plan, you will go back to the agency dashboard and remove yourself from their agency.

Mia,

This is a great question. Here is one response we received:

1. Establish a rotating chair position with one-year terms. The chair has the final vote.
2. Include a clause for an independent third-party mediator to be brought in if there is a deadlock. Someone neutral, such as an educational consultant, legal expert, or from workforce development, libraries, etc.
3. Move the decision up to a higher authority, such as Superintendent/College President level.
4. Weighted vote based on size, enrollment, financial status, etc.
5. Follow a consensus-building requirement where further discussions must be had before deciding, gaining feedback from stakeholders, bringing in a facilitator, etc. I know a few consortia, like ETCN, are consensus-based as opposed to majority-based.
6. Create an external advisory board.

This would be a local policy with community college districts. Below are a few resources available on the Chancellor's Office website.The GED website also included instructions to follow up with the college directly.

Chancellor’s Office Resources:

https://www.cccco.edu/About-Us/Chancellors-Office/Divisions/Educational-Services-and-Support/equitable-placement
https://www.cccco.edu/About-Us/Chancellors-Office/Divisions/Educational-Services-and-Support/equitable-placement/subject-specific-information

GED® College Ready + Credit Score Level (https://www.ged.com/about_test/scores/college_ready/)