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 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.

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.

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.