ARTICLE 6. Finances [52610 - 52616.18]
( Article 6 enacted by Stats. 1976, Ch. 1010. )
“Adult,” for purposes of this section, means a person 18 years of age or older or a person who is not concurrently enrolled in a regular high school program. However, persons 18 years of age or older who are concurrently enrolled in a regular high school program are not adults for purposes of this section. Adults enrolled in any classes maintained by high school or unified school districts or county superintendents of schools pursuant to Sections 52300 through 52330, 8530, 8531, 8532, and 8533 shall be reported separately, and the adult foundation program shall be used in computing district apportionments.
(Repealed and added by Stats. 1977, Ch. 36.)
Notwithstanding Section 52610, any minor, regardless of age, who is pregnant or is a parent actively engaged in raising one or more of the minor’s children, is eligible to enroll in any adult education course or class described in Section 41976. Money under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of adult education courses or classes described in Section 41976. A school district shall clearly demonstrate that the costs of instruction for persons under 18 years of age enrolled in an adult education course or class described in Section 41976 are from another allowable fund source or sources.
(Amended by Stats. 2021, Ch. 666, Sec. 82. (AB 486) Effective January 1, 2022.)
(a) Except as specified in this section, the governing board of the school district maintaining the class may require an adult enrolled in a class for adults to pay a fee for the class. 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. A fee charge shall not be made
for a class designated by the governing board as a class for which high school credit is granted when the class is taken by a person who does not hold a high school diploma. The total of the fees required and revenues derived from average daily attendance shall not exceed the estimated cost of all such classes maintained, including the reserves authorized by Section 52501.5.
(b) All textbooks and classroom materials furnished without charge under this section may also be offered for sale at the school bookstore.
(c) Notwithstanding subdivision (a), the governing board of a school district may charge a fee for a class in English and citizenship until July 1, 2015.
(Amended by Stats. 2011, Ch. 606, Sec. 2. (AB 189) Effective January 1, 2012.)
(a) Notwithstanding any section to the contrary, each governing board of a school district maintaining classes for adults that issues a Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, Form I-20AB, or completes Form I-20AB for a person described in subparagraph (F)(i) of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, for the purposes of enrolling that person in a class in English and citizenship for foreigners or a class in an elementary subject, shall charge that person a fee to cover the full costs of instruction, but in no case shall the fee exceed the actual cost of the instruction. The fee shall be
adopted at a regular meeting of the governing board of each of these school districts maintaining classes for adults at least 90 days prior to the commencement of the classes for which the fee is charged.
(b) No district maintaining classes for adults shall include the attendance of F-1 visa students enrolled in a class in English and citizenship for foreigners or in a class in elementary subjects for apportionment purposes.
(Amended (as added by Stats. 1987, Ch. 318, Sec. 3) by Stats. 2021, Ch. 296, Sec. 18. (AB 1096) Effective January 1, 2022. Superseded by amendment by Stats. 2017, Ch. 69, only if it becomes operative on or before January 20, 2017.)
(a) Notwithstanding any section to the contrary, each governing board of a school district maintaining classes for adults that issues a Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, Form I-20AB, or completes Form I-20AB for a nonimmigrant foreign national, as defined in subparagraph (F)(i) of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, for the purposes of enrolling the nonimmigrant foreign national in a class in English and citizenship for foreigners or a class in an elementary subject, shall charge the nonimmigrant foreign national a fee to cover the full costs of instruction, but in no case shall the fee exceed the actual cost of the instruction. The fee shall be adopted at a regular meeting of the governing board of each of these school districts maintaining classes for adults at least
90 days before the commencement of the classes for which the fee is charged.
(b) No school district maintaining classes for adults shall include the attendance of F-1 visa students enrolled in a class in English and citizenship for foreigners or in a class in elementary subjects for apportionment purposes.
(Amended by Stats. 2016, Ch. 69, Sec. 5. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.)
Money derived under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall be deposited in a separate fund of the school district to be known as the “adult education fund.” Money in the school district’s adult education fund shall be expended only for adult education purposes. Except for moneys received pursuant to the local control funding formula, moneys received for programs for specifically designated pupils shall not be expended for adult education.
(Amended by Stats. 2021, Ch. 666, Sec. 85. (AB 486) Effective January 1, 2022.)
(a) Money in the Adult Education Fund of a school district may be expended only for the following charges:
(1) Direct instructional costs relating directly to the adult education program, including, but not limited to, the salaries and benefits of adult education teachers and aides, textbooks, instructional supplies, travel and conference expenses for employees who work in the adult education program, and repair, maintenance, acquisition, and replacement of instructional equipment used in the adult education program.
(2) (A) Direct support costs for the adult education program. For purposes of this section, “direct support costs”
means:
(i) Instructional administration and instructional media costs that are supported by auditable documentation. For purposes of this subparagraph, instructional administration costs include the documented costs of individuals who, regardless of specific job title, administer the district’s adult education program.
(ii) School administration and pupil services costs that are supported by auditable documentation and that represent the activities of individuals whose employment by the school district is exclusively in support of the adult education program, or school administration and pupil services costs that are supported by auditable documentation and that meet all of the following conditions:
(I) Those costs are able to be identified in a separate contract with the adult education program.
(II) The administration and services are provided exclusively to adult students and only for the period identified in the contract made pursuant to subclause (I).
(III) The services are provided during a time that is different than when services to pupils in kindergarten and grades 1 to 12, inclusive, are provided, and the administration is provided after 4:00 p.m.
(IV) The persons who provide the services and administration to adult students report to the adult education director during the period of the contract made pursuant to subclause (I).
(V) The person providing the administration immediately supervises the adult school personnel.
(iii) Plant maintenance and operations costs,
including costs for facilities that are used to provide childcare services to the children of the students attending the adult education program at a particular site as follows:
(I) For facilities that exclusively house adult education programs, the costs that are supported by auditable documentation. For purposes of this clause, a facility that houses an adult education program and a regional occupational center or program or a childcare program, or both, is a facility that exclusively houses an adult education program.
(II) For facilities that are used by more than one program, including the adult education program, a district may charge the Adult Education Fund for an amount attributable to the adult education program, but this charge shall not exceed the amount derived from the following calculation:
(ia) Calculate, according to the general description in the California School Accounting Manual, the prorated number of classroom units that the adult education program uses for instructional and childcare purposes.
(ib) Calculate the total number of classroom units in the district.
(ic) Divide the amount calculated in sub-subclause (ia) by the amount calculated in sub-subclause (ib).
(id) Multiply the quotient calculated in sub-subclause (ic) by the district’s total plant maintenance and operations costs.
(iv) Facilities costs for nondistrict-owned facilities that exclusively house adult education programs, including, but not limited to, costs of facilities that are used to provide childcare services to the children of the students
attending the adult education program at the same site. For purposes of this subparagraph, a facility that houses an adult education program and a regional occupational center or program or a child care program, or both, is a facility that exclusively houses an adult education program.
(v) Facilities costs for the acquisition of facilities originally acquired by adult education programs, or for the restoration of those facilities, including costs for debt service for the acquisition or restoration of a facility, including the costs of facilities that are used to provide childcare services to the children of the students attending the adult education program at the same site.
(B) For purposes of subparagraph (A), “auditable documentation” means time reports and other contemporaneous records that establish the time that individual employees spend working for the adult education
program, and the documentation that supports nonpersonnel costs substantiating that the adult education program received the service, supply, or equipment. That documentation shall comply with the documentation requirements set forth in the California School Accounting Manual published pursuant to Section 41010.
(b) If the department and the Department of Finance concur that a school district has violated this section, the Superintendent shall direct that school district to transfer double the amount improperly transferred to the school district’s general fund from that fund to the school district’s Adult Education Fund for the subsequent fiscal year, which amount shall be used for the improvement of the school district’s adult education program. If the school district fails to make that transfer as directed, the Superintendent shall reduce the school district’s regular apportionment determined pursuant to Section 42238.02, as implemented by
Section 42238.03, by that amount, and that shall be used for improvement of the school district’s adult education program.
(c) It is the intent of the Legislature in enacting this section that responsible school district officials be held fully accountable for the accounting and reporting of adult education programs and that minor and inadvertent instances of noncompliance be resolved in a fair and equitable manner to the satisfaction of the Superintendent and the Department of Finance.
(d) The Superintendent, with the approval of the Department of Finance, may waive up to the full transfer amount in subdivision (b) if the Superintendent determines that the noncompliance involved is minor or inadvertent, or both.
(Amended by Stats. 2021, Ch. 666, Sec. 87. (AB 486) Effective January 1, 2022.)
A school district or county superintendent of schools may expend funds allocated to it for the purposes of classes for adults in correctional facilities only for the direct instructional charges of those classes and for related direct and indirect support costs.
(Added by Stats. 1993, Ch. 670, Sec. 9. Effective January 1, 1994.)
(a) Commencing July 1, of each fiscal year, notwithstanding that a school district was not authorized to operate an adult education program pursuant to Section 41976, a school district may apply to the department for initial program approval and funding to begin any adult education programs specified in Section 41976 provided the school district meets both of the following criteria:
(1) The school district did not operate nor claim state apportionment for an adult education program in the prior fiscal year.
(2) The school district has participated in the appropriate local adult education consortium, approved pursuant to Article 9 (commencing with Section
84900) of Chapter 5 of Part 50 of Division 7 of Title 3, and the applicable adult education plan approved pursuant to that article for adult education activities and services.
(b) The Superintendent may approve the program funding on the basis of the school district’s documented need for adult education programs. The Superintendent shall issue a program advisory that sets forth the criteria of need that a school district is required to document.
(Amended by Stats. 2021, Ch. 666, Sec. 91. (AB 486) Effective January 1, 2022.)