Q&A - Age & Limits (Administrators) - California Adult Education Program

AEP Questions and Answers

This is a collection of questions that are most frequently asked of the AEP Office. They are organized by topic area and will be updated as needed.

Age & Limits

Age & Limits (2)

Q16 The guidance in the newsletter is clear in that the section of CA Education Code that pertains to the definition of adult is a person 18 years of age or older. But a question has been raised. The Emancipation of Minors Law. Div.11, Part 6, Chap.1, §7000 states that an emancipated minor shall be considered and adult for several reasons, one of those being enrollment in school or college. The question is how did counsel decide which law preempts? The answer may help those of us in the field explain when asked.

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.

Q17 Is there any new or updated guidance on serving students (particularly teen parents) under 18 this year? The previous guidance was that if a district was following Ed Code and board policy and using non-caep funds, those students could be served. Is this still the guidance, or is there any new guidance?

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.