The AB104 legislation does not supersede current K-12 adult education and community college education code and regulatory requirements. All current financial processes and systems in place at the various districts and county offices of education must comply with the variety of statutory and policy provisions already in place prior to AB104, that includes the State of California Statutory Codes, California Code of Regulations, State Accounting Code Structure, the Budget and Accounting Manual, and any administrative or management policy memoranda or bulletins.

According to the 17-18 Proposed Governor’s Budget, AEBG is described as follows: “This program coordinates representatives from local educational agencies, community colleges, and other regional education, workforce, and industry partners to promote the educational opportunities offered to students and adult learners. Through this program, students and adult learners can access courses to complete their high school diplomas or general education equivalent, English as a Second Language courses, and pathways courses that lead to additional career opportunities. The Budget includes $500 million ongoing Proposition 98 General Fund to support the Adult Education Block Grant Program”.

By referencing “ongoing Proposition 98 General Fund to support the AEBG Program”, it clarifies the confusion that AEBG was not a permanent, ongoing fund source. AEBG is state apportionment, it is ongoing, and can be used in future years to hire permanent staff, teachers and faculty.

Each consortium must determine what structure they will use to manage their AEBG funding and program activities. Using the State’s program guidance, consortia can use multiple leads (co-chairs), a coordinator, point person, lead, and/or director. This decision is made by the consortia membership. Advice on how to reimburse for the consortium related activities for this position can be in consultation with the consortium fiscal agent and/or district accounting representatives. Consortium level budgets and expenses must be agreed to by the consortium membership. This would include fiscal agent related activities.

Section 84913 limits a consortium on how much they can spend on the administration of the AEBG program.

Section 84913 (b) A consortium may use no more than 5 percent of funds allocated in a given fiscal year for the sum of the following:

(1) The costs of administration of these programs.
(2) The costs of the consortium.

The administrative limit of 5 percent is calculated on the consortia total allocation for the program year. If agreed upon by members, it can be lower than 5 percent, but not above. Administrative activities are defined as fiscal in nature, and should not include programmatic activities. In some cases, a consortium budget may contain funds for program related activities, and funds for fiscal or administrative activities.

Note: Project leads/co-chairs voting privileges for consortia decisions are not guaranteed and are to be determined by consortia membership.

Listed below are example of programmatic and fiscal related activities.

Examples of consortium project lead/co-chairs activities

Programmatic Activities

• Provide coordination leadership in consortia.
• Formalize the open meeting requirement to make sure decisions are approved using the agreed upon governance rules.
• Draft and merge planning narrative/information from members.
• Submit planning and student level data deliverables to the State demonstrating consortium agreement (member sign off).
• Set up, organize, manage, and facilitate consortia related meetings (at various levels). Include travel, events, agendas, and preparation of reports/minutes.
• Submit program related information, best practices, and program progress reports to the State, including developing marketing material for regional or State use.
• Facilitate relationships with members and partners.
• Assist in the implementation of planning strategies.
• Develop milestones and timelines: tracking goals, outcomes, and other deliverables.
• Respond to State inquires and requests (acting as the region’s liaison to the State).

Fiscal or Administrative Activities

• Develop consortium and member budgets based on AEBG planning.
• Document member and consortium activities as it relates to AEBG funding.
• Review each member’s budget & expenditures for State reporting.
• Administer a financial review and certification process.
• Prepare and set up fiscal related meetings.
• Work with fiscal agent(s) to submit budget & expenditures reports.
• Coordinate the completion of the CFAD documentation.
• Coordinate and track consortium & member spending.
• Hire consortium level staffing.
• Prepare the payroll for consortium level staffing.
• Purchase any consortium level items.
• Coordinate budgets in collaboration with consortium members, district administrators, and accounting staff.

A regional consortia member must follow their consortium’s governance plan, by-laws, and abide by AB104 legislative member requirements (84905, 84906, 84917, and 84920). Consortium membership alone does not guarantee funding.

List of Consortia and Member Requirements (from AB104 Legislation):

1. A member shall commit to reporting any funds available to that member for the purposes of education and workforce services for adults and the uses of those funds. (84905 (b)).
2. A member of the consortium shall be represented only by an official designated by the governing board of the member (84905 (c)).
3. As a condition for the receipt of an apportionment of funds from this program for a fiscal year, that members of a consortium approve an adult education plan (the AEBG 3 year plan) (84906 (a)).
4. The members of a consortium shall approve an adult education plan (the AEBG 3 year plan) at least once every three years. The plan shall be updated at least once each year based on available data.
5. All members of the consortium shall participate in any decision made by the consortium (84905 (d) (1) (a)).
6. A proposed decision is considered at an open, properly noticed public meeting of the consortium at which members of the public may comment (84905 (d) (1) (b).
7. The consortium has provided the public with adequate notice of a proposed decision and considered any comments submitted by members of the public, and any comments submitted by members of the public have been distributed publicly (84905 (d) (1) (c).
8. The consortium has requested comments regarding a proposed decision from other entities located in the adult education region that provide education and workforce services for adults (84905 (d) (1) (d) (i)).
9. The consortium has considered and responded to any comments submitted by entities pursuant to clause (i) (84905 (d) (1) (d) (ii)) which includes entities that provide education and workforce services to adults include, but are not necessarily limited to, local public agencies, departments, and offices, particularly those with responsibility for local public safety and social services; workforce investment boards; libraries; and community-based organizations (84905 (d) (1) (d) (iii)).
10. The consortium has considered input provided by pupils, teachers employed by local educational agencies, community college faculty, principals, administrators, classified staff, and the local bargaining units of the school districts and community college districts before it makes a decision (84905 (d) (1) (e)).
11. A decision is final (84905 (d) (1) (f)) – meaning a consortium decision cannot be held up because an official member failed to attend the meeting.
12. The members of the consortium may decide to designate a member to serve as the fund administrator to receive and distribute funds from the program. (84905 (d) (2) (e)). The members of the consortium also have the option of selecting direct funding which would result in the consortium not having a fund administrator. In that case, the consortium would decide how funds are certified internally.
13. As a condition of receipt of an apportionment from the program, a consortium shall approve a distribution schedule (CFAD) that includes both of the following: (1) The amount of funds to be distributed to each member of the consortium for that fiscal year. (2) A narrative (the AEBG annual plan) justifying how the planned allocations are consistent with the adult education plan. (84914 (a) (1) and (2)).
14. The chancellor and the Superintendent may require a consortium, as a condition of receipt of an apportionment, to submit any reports or data necessary to produce the report described in subdivision (84917 (b) (1) (a)).
15. The chancellor and the Superintendent shall identify common measures for determining the effectiveness of members of each consortium in meeting the educational needs of adults. See list of required data elements and effectiveness measures

Consortia will follow their governance plan (#14 - How will members join, leave, or be dismissed from the consortium) and any additional language in their agreed upon by-laws regarding terminating membership. For new members, in addition to the governance plan, and by-laws, consortia will follow existing requirements in AB104 legislation (84905, 84906, 84914, 84916, 84917, and 84920).

Yes - AEBG funding is ongoing, Prop 98 apportionment. It is not a grant. You will receive funds every year for this program. Jubilee from our Fiscal Services Division can answer more fiscally specific questions.

According to the 2017-18 Proposed Governor’s Budget, AEBG is described as follows: “This program coordinates representatives from local educational agencies, community colleges, and other regional education, workforce, and industry partners to promote the educational opportunities offered to students and adult learners. Through this program, students and adult learners can access courses to complete their high school diplomas or general education equivalent, English as a Second Language courses, and pathways courses that lead to additional career opportunities. The Budget includes $500 million ongoing Proposition 98 General Fund to support the Adult Education Block Grant Program”.

By referencing “ongoing Proposition 98 General Fund to support the AEBG Program”, it clarifies the confusion that AEBG was not a permanent, ongoing fund source. AEBG is state apportionment, it is ongoing, and can be used in future years to hire permanent staff, teachers and faculty.

The answer is a clear no from looking at EC 51225.1. The section is quite long but it clearly speaks to the exemption granted to homeless, foster, child of a military family, and former juvenile court students (children). The exemption applies to children still in school—transfer to another school and allowing a 5th year, “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.”

EC Section 51225.1 is found within Article 3. Courses of Study, Grades 7 to 12 [51220 – 51229] at https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=4.&chapter=2.&part=28.&lawCode=EDC&title=2.&article=3.

If a student completes four years of high school but does not have enough credits to graduate with their cohort, (enter as a 9th grader and graduate four years later from 12th grade) then in the Fall of that year after graduation they should be able to finish up at the adult school. The district needs to provide the most optimum opportunity for the students and provide an educational environment that is in their best interest with a focused program centered on each of their individual needs. Therefore, if these students are close to the diploma (short by a few credits) and it would be in their best interest to complete the credits in an adult school environment, then it is best for them to attend the adult school.

Note: If the students are so credit deficient that the high school equivalency is the best alternative, then the adult school is definitely the best option.

There are a few things to consider however which is the basis for the original question. One is the funding source. If they are continuously enrolled, it is recommended you obtain K-12 apportionment instead of using the limited Adult Education funds. Many adult schools are running programs for their districts like credit recovery and 5th year senior programs and receiving K-12 apportionment for these students. This also prevents districts from “dumping” students on adult schools and using up adult school funds by running a “four and out” high school program. This is usually done to make their numbers look good, but thus resulting in absorbing all Adult Education funds and leaving adults out of the education process.

The second is to remember that California has a mandatory age limit of 18, and every student has a right to a high school diploma. And unless emancipated you must remember that a student under 18 is not an adult and requires parental or guardian permission to attend an adult school.

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.