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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.

Program Policy

The CDE is conducting an education code review - and once they verify which education code is still valid for adult school enrollment expectations- the AEP office will release it through the program guidance. Until then, the 18 years old is the only requirement right now on the K12 side. Community College education code allows for schools to go to their local board and ask for approval on a case by case basis for exceptions to the age requirement.

Yes a teen mom is considered emancipated and can attend an adult school. Be advised that all special accommodation and services must be available for these students. You should consult your legal office for extenuating circumstances that go beyond Education Code and into health and safety regulations.

No. 2016-17 carry over will be spent first and subtracted from your allocation. Once that is 100% spent, then begin spending 2017-18 funding.

If a member has not followed your by-laws and has not submitted the appropriate paperwork to receive consortium funding, I would advise you to have the fiscal agent or designated member hold these funds until the consortium can meet to decide next steps.

The consortium should document the reasonable intervention to attempt to have this member comply with the consortium & state requirements. If after several attempts to help this member (and the state can assist as well), and you were not successful, then per education code 8914 (a thru c), the consortium membership could decide to reduce this member’s funding.

The 45 day trailer bill only applies to members that are in good standing. If you are having problems with a member complying with your governance/by laws, I would suggest you contact AEP TAP to document the problems, and work with them to provide technical assistance.

Once this process is followed and if the member’s fund are reduced, the consortium could reallocate these funds to other members in the consortium. But you would need approval from the state to do this and we would have to see what technical assistance was provide (and if it was reasonable).

For K12 adult school – CTE Adult School classes can charge fees. This doesn’t apply to community colleges. It looks like its member certification. If yes- it’s should be certified by the fiscal person.

The consortium certification is decided by the members of who is providing that administrative oversight. It could be the consortium lead, could be a fiscal person designated by the members, could be an outside auditor, etc.

The AEP fees policy that goes into effect 7/1/18 (and is posted on the AEP website under guidance) only impacts the seven AEP program areas. Parenting is not an AEP program area. It’s a gray area between what is K12 Child School Success under AEP and what is non-AEP parenting.

Fiscal Year 2018–19 AEP Program Fees Policy

Suggestion: define the difference between K12 School Success program and Parenting. Then bring it back to CTE for the OK on charging fees for the non-AEP parenting courses. It would be important to show the distinction.

It is an allowable use of AEP funds – but permission also depends on the local district agreements. AEP doesn’t negotiate faculty and teacher bargaining agreements. Whatever was agreed to by the district and the bargaining unit for professional development and substitutes – would be the local call.

For AEP, there is no prohibition at this time to use AEP funds. This is a matter of local control, so we encourage you to discuss the pros and cons with your consortium members.

The AEP Office is having meetings with the Govenor's Office to review the metrics, etc. They looked at the Allies framework and EL Civics COAPPs in finalizing the bill and are having discussions on what could be measured. As things evolve, TAP will host a webinar with an overview and to let people know they do not have to take any immediate action yet.

Hi Mary,

Please check out the following AEP Program Fee Policy at the following link: http://caladulted.org/DownloadFile/178

For K12 adult schools, fees can only be charged for CTE courses. If the CPR class is part of a CTE course or pathway – then per the policy memo – it would be allowable (but only for K12 adult schools or COE programs – not for community colleges).

All textbooks and classroom materials furnished without charge under this section may also be offered for sale at the school bookstore”. In other words, textbooks and materials are provided for classroom use. However, students may purchase those items for home use from the school bookstore. (see above answer) Except as specified in Section 52613, the governing board of a school district shall not impose a charge of any kind for a class in English and citizenship or a class in an elementary subject.

Whenever the governing board of a school district, county offices of education, joint powers authority, or community college district that maintains an adult education program (for adults) is unable to maintain the program, school or classes within the district because of the lack of facilities, or its inability to secure a teacher or teachers, the board may with the approval of its respective governing bodies (County Superintendent, College District President, and State Agencies) maintain the school or classes of the district elsewhere than within the district or contract with the governing board of another district for the instruction of students in such a school or classes. (For K-12 districts, the governing bodies would be the county superintendent of schools and the State Superintendent of Public Instruction. For community college districts, it would be governing boards from the affected districts.)

All courses in the seven AEP program areas must be approved using the existing state agency and local governing board course approval process. There are no exceptions, as all AEP members must use their respective course approval process.

K-12/COE
A course of study in each adult school is subject to the approval of the CDE (EC 51056). The State Superintendent of Public Instruction shall establish course approval criteria and procedures for securing course and program approvals (EC 52506). For course approval, all adult schools are required annually to submit to the CDE a list of titles of classes to be offered in the authorized program areas. The CDE’s approval of the list is required; authorized apportionment course titles are listed in the Adult Education Course Approval System (A-22).

The governing board of every school district shall prepare and keep on file for public inspection the courses of study prescribed for the schools under its jurisdiction (EC 51040). Any revised educational program shall conform to the legal requirements (EC 51041). The governing board of every school district shall evaluate its educational program and shall make revisions, as it deems necessary (EC 51041). Classes for adults shall conform to any course of study and graduation requirements otherwise imposed by law or under the authority of law (EC 52504). A course of study for each adult school shall be prepared under the direction of the governing board of the district maintaining the adult school and shall be subject to approval of the CDE (EC 51056).

Community Colleges
The local curriculum committee approves all noncredit courses and programs. The local curriculum committee conducting the review has been established by the mutual agreement of the college and/or district administration and the academic senate. The committee is either a committee of the academic senate or a committee that includes faculty and is otherwise comprised in a way that is mutually agreeable to the college and/or district administration and academic senate. All courses shall be submitted to the Chancellor’s Office on forms provided by the Chancellor’s Office. A clear description of the course must be published in the general catalog and/or addenda to the catalog and in the college’s schedule.

No. A Career Development and College Preparation (CDCP) program cannot be offered without approval by the Chancellor’s Office, nor may a program that has not been approved by the Chancellor’s Office be referred to as a Certificate of Completion or a Certificate of Competency.

Pursuant to Education Code and California Code of Regulations (CCR) Title 5, all CDCP “enhanced funding” courses and programs must be approved by the Chancellor’s Office, regardless of whether or not the community college is part of an AEP consortium.

Statutory requirements for CDCP programs are described in the Community College Apportionment and Program Based Funding statutes of the Education Code. Specifically, Section 84750.5 describes CDCP funding requirements and Section 84760.5 sets forth the instructional requirements for program approval.

CCR Title 5 sets forth specific requirements concerning the Chancellor’s Office approval of noncredit curriculum in Sections 58160, 55150, and 55155.

There is no rule or regulations that would prevent a K-12 adult school and a community college from offering the same class or program within the consortium’s region. The k-12 adult school and the community college can offer the same HSE program. But it would be good practice to see what the need is in the region, and strategize together on the best way to offer that program & related services.

I am still looking for regulations among colleges as I think there may be restrictions between community college. But that appears to be for another question.

Yes, the CDE has a formal Course Approval process. LEAs providing adult education must have their course outlines approved by their local board, and on record with the California Department of Education Adult Education Office.
The Course Approval system is available in the California Adult Education Online Application and Reporting site at https://caadultedreporting.org/adulted/. Non-WIOA-AEFLA Agencies without login credentials may view the entire course list and descriptions if they wish. They can do so by selecting "Course Approvals" link on the bottom left hand side of the home page. Follow the links to: "Approved Course list" and then "View Entire Course List." This will give them a chance to review all the courses and descriptions available, or print out the list for reference without having to select each course description as they are selecting courses for approval. To use the course selection process, you must go back to the homepage and put in your login and password for your agency.
The 15 CTE Industry Sectors are arranged in alphabetical order. Under each industry sector, you can view the list of pathways along with the description. The naming convention for the CTE class that an agency puts on their course schedule or brochure does not make a difference to us, so long as it fits within one of the Industry Sector and pathway.

There is no specific legal requirement for a one hour face-to-face weekly meeting with a teacher for independent study. Independent study courses may be done in a classroom setting, on-line, or a combination of both. Independent study is made on the basis of the student's "product" (study or academic work), assessed by a competent, certificated employee of the district. Refer to California Education Code Section 51747. Having said that, it is good practice for students to check in with IS the instructor be it weekly or bimonthly. This is something you can include in the Independent Study master agreement with the student.
For additional information, I have provided a link below that contains frequently asked questions on Independent Study (see also section on Adults).
https://www.cde.ca.gov/sp/eo/is/faq.asp

If the CTE courses are not available in the K-12, and proper parental permission is provided, then it is OK for 17 year old students to enroll in CTE courses provided by the Adult School. Again, if there is a big demand for these courses, then adults have priority. Additionally, the K-12 should help provide funding for these courses through K-12 apportionment because the credits earned by the K-12 students should help lead to high school diplomas. The whole purpose of having K-12 and Adult Education CTE courses available for both is to tap into the economies of scale asset and teacher expertise of working together.

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.