84914.
(a) As a condition of receipt of an apportionment from the program, a consortium shall approve a distribution schedule 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 justifying how the planned allocations are consistent with the adult education plan.
(b) (1) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium greater than the amount allocated in the prior fiscal year, the amount of funds to be distributed to a member of that consortium shall be equal to or greater than the amount distributed in the prior fiscal year, unless the consortium makes at least one of the following findings related to the member for which the distribution would be reduced:
(A) The member no longer wishes to provide services consistent with the adult education plan.
(B) The member cannot provide services that address the needs identified in the adult education plan.
(C) The member has been consistently ineffective in providing services that address the needs identified in the adult education plan and reasonable interventions have not resulted in improvements.
(2) (A) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal year, the amount of funds to be distributed to a member of that consortium shall not be reduced by a percentage greater than the percentage by which the total amount of funds allocated to the consortium decreased, unless the consortium makes at least one of the following findings related to the member for which the distribution would be reduced further:
(A) (i) The member no longer wishes to provide services consistent with the adult education plan.
(B) (ii) The member cannot provide services that address the needs identified in the adult education plan.
(C) (iii) The member has been ineffective in providing services that address the needs identified in the adult education plan and reasonable interventions have not resulted in improvements.
(iv) The member has unspent funds remaining from the immediately prior fiscal year that exceeds a percentage of the current fiscal year’s allocation that was previously agreed to by the members of the consortium.
(B) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal year, both of the following shall apply:
(i) A member of that consortium shall not maintain a carryover of more than 15 percent for more than two fiscal years.
(ii) On or after July 1, 2022, the members of that consortium may vote on whether to reduce the allocation of a member that has exceeded the carryover limit of 15 percent in the immediately prior fiscal year, and in such an instance, each member of the consortium shall have one vote.
(c) A distribution schedule shall also include preliminary projections of the amount of funds that would be distributed to each member of the consortium in each of the subsequent two fiscal years. The preliminary projections shall not constitute a binding commitment of funds.