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Article 1. General Provisions of California Education Code >> Division 4. >> Title 2. >> Part 28. >> Chapter 10. >> Article 1.
Adult schools and evening high schools shall consist of
classes for adults. Minors may be admitted to those classes pursuant
to board policy and Section 52500.1.
Eligibility of high school pupils for enrollment in adult
education programs, courses, and classes shall be limited to pupils
who meet all of the following conditions:
(a) High school pupils who enroll in adult education programs, courses, and classes pursuant to Section 41976, except that high school pupils shall not be counted for adult education apportionment purposes if those pupils are enrolled in programs, courses, or classes pursuant to paragraph (5), (7), (8), (9), or (10) of subdivision (a) of Section 41976.
(b) High school pupils who have completed a counseling session that involved the pupil, a certificated representative of the high school, and the pupil's parent or guardian, and who have a school record that contains written documentation of the session and a statement that the pupil is voluntarily enrolling in the adult education course or class, and that enrollment in an adult education program, course, or class will enhance the pupil's progress toward meeting the educational requirements for graduation from high school. Commencing July 1, 1994, no school district shall enroll high school pupils pursuant to this subdivision unless the school district complies with the conditions set forth in this subdivision.
(a) High school pupils who enroll in adult education programs, courses, and classes pursuant to Section 41976, except that high school pupils shall not be counted for adult education apportionment purposes if those pupils are enrolled in programs, courses, or classes pursuant to paragraph (5), (7), (8), (9), or (10) of subdivision (a) of Section 41976.
(b) High school pupils who have completed a counseling session that involved the pupil, a certificated representative of the high school, and the pupil's parent or guardian, and who have a school record that contains written documentation of the session and a statement that the pupil is voluntarily enrolling in the adult education course or class, and that enrollment in an adult education program, course, or class will enhance the pupil's progress toward meeting the educational requirements for graduation from high school. Commencing July 1, 1994, no school district shall enroll high school pupils pursuant to this subdivision unless the school district complies with the conditions set forth in this subdivision.
The governing board of any school district maintaining
secondary schools shall have power with the approval of the
Department of Education to establish and maintain classes for adults,
except program and classes in outdoor science education and
conservation education as the term is employed in Section 8760, for
the purpose of providing instruction in civic, vocational, literacy,
health, homemaking, technical and general education.
Each governing board maintaining classes for adults shall
meet the requirements set forth in Sections 35145, 41010, 41011,
41015, 41020, 42103, 42600, 51040, 51041, 51050, and 51056.
(a) Except as provided in subdivision (b), revenue derived
from the average daily attendance of adult education programs shall
not be expended for other than adult education purposes.
(b) When a district's adult revenue limit as allowed by Section 52616 is composed of average daily attendance from both a regional occupational center or program and an adult education program, the adult revenue limit income may be allocated to each program in a proportion other than the amount of adult revenue limit per average daily attendance otherwise allocable thereto.
(b) When a district's adult revenue limit as allowed by Section 52616 is composed of average daily attendance from both a regional occupational center or program and an adult education program, the adult revenue limit income may be allocated to each program in a proportion other than the amount of adult revenue limit per average daily attendance otherwise allocable thereto.
The governing board of a high school district or unified
school district may establish classes for adults. If such classes
result in average daily attendance in any school year of 100 or more,
such districts shall establish an adult school for the
administration of the program.
The governing board of a high school district or unified
school district may establish and maintain one or more adult schools
by resolution of the governing board.
Classes for adults shall conform to any course of study and
graduation requirements otherwise imposed by law or under the
authority of law.
Such classes may be convened at such hours and for such
length of time during the day or evening and at such period and for
such length of time during the school year as may be determined by
the governing authority.
The department shall establish standards including standards
of attendance, curriculum, administration, and guidance and
counseling service for these classes as a basis for the several
apportionments of state funds provided herein for the support of
these classes. The Superintendent of Public Instruction shall
prepare, distribute, and maintain a detailed handbook for use by the
local educational agencies. The handbook shall contain course
approval criteria, implementation plans for administrative
regulations, and procedures for securing course and program
approvals.
Governing boards shall have the authority to provide for
granting appropriate credits, certificates, diplomas or other
recognition of skill or accomplishment in such classes which such
districts are otherwise authorized to grant.
The governing board of a high school district or a unified
school district shall have the authority to award diplomas or
certificates to adults and eligible minors enrolled in adult schools
upon satisfactory completion of a prescribed course of study in an
elementary school program.
The governing board of any school district maintaining an
adult school shall prescribe the requirements for the granting of
diplomas.
The governing board of each district maintaining an adult
school and offering an elementary program shall prescribe
requirements for eighth grade graduation from the adult school.
(a) Whenever the governing board of a school district
maintaining an adult school or classes for adults is unable to
maintain the school or classes in the district because of its
inability to secure a teacher or teachers, or because of lack of
facilities, the board may, with the approval of the county
superintendent of schools and the Superintendent of Public
Instruction, maintain the school or classes of the district elsewhere
than within the district or contract for instruction of the students
in such school or classes with the governing board of another
district.
(b) Notwithstanding the provisions of subdivision (a) of this section, whenever the governing board of a school district offering automobile driver training in an adult school or classes for adults determines that such training cannot be conducted effectively wholly within the district's boundaries, it may cause the training to be conducted outside the boundaries of the district.
(b) Notwithstanding the provisions of subdivision (a) of this section, whenever the governing board of a school district offering automobile driver training in an adult school or classes for adults determines that such training cannot be conducted effectively wholly within the district's boundaries, it may cause the training to be conducted outside the boundaries of the district.
Classes for adults may be maintained in conjunction with day
or evening high schools, day or evening adult schools, or day or
evening regional occupational centers.
The governing board of any high school district or unified
school district may provide for the maintenance on Saturday and
Sunday of classes for adults.
High schools maintained in any state institution for adults
or in any city, county, or city and county jail, road camp or farm
shall consist only of classes for adults.
State funds shall not be apportioned to a school district
based on the attendance of students enrolled in adult schools, unless
the courses have been approved by the department pursuant to Section
41976.
The governing board of any school district maintaining an
adult school shall have authority with the approval of the Department
of Education to establish a prescribed course in elementary subjects
appropriate to needs of adults.
No high school or unified school district shall report for
state apportionments average daily attendance in classes: (1) if the
district receives full compensation for such class from any public or
private agency, individual or group of individuals, except fees
authorized by Section 52612; or (2) if such classes are not located
in facilities clearly identified in such a manner, and established by
appropriate procedures, to insure that attendance in such classes is
open to the general public, except those authorized pursuant to
Section 52570 and those in state hospitals. The State Board of
Education may adopt such regulations as may be necessary to enforce
this section.
No class for adults in dancing or recreational physical
education shall be maintained by any district for which the district
receives money from the State School Fund.
(a) The governing board of any high school district or
unified school district shall, prior to establishing a vocational or
occupational training program, conduct a job market study of the
labor market area in which it proposes to establish the program. The
study shall use the State-Local Cooperative Labor Market Information
Program established in Section 10533 of the Unemployment Insurance
Code, or if this program is not available in the labor market area,
other available sources of labor market information. The study shall
include a California Occupational Information System supply analysis
of existing vocational and occupational education or training
programs for adults maintained by high schools, community colleges,
and private postsecondary schools in the area to ensure that the
anticipated employment demand for the adults enrolled in the proposed
program justifies the establishment of the proposed courses of
instruction.
(b) Subsequent to completing the study required by this section and prior to establishing the program, the governing board of the high school or unified school district shall determine whether or not the study justifies the proposed vocational education program.
(c) If the governing board of the high school district or unified school district determines that the job market study justifies the initiation of the proposed program, it shall, by resolution, determine whether the program shall be offered through the district's own facilities or through a contract with an approved private postsecondary school pursuant to Section 8092.
(b) Subsequent to completing the study required by this section and prior to establishing the program, the governing board of the high school or unified school district shall determine whether or not the study justifies the proposed vocational education program.
(c) If the governing board of the high school district or unified school district determines that the job market study justifies the initiation of the proposed program, it shall, by resolution, determine whether the program shall be offered through the district's own facilities or through a contract with an approved private postsecondary school pursuant to Section 8092.
(a) Every vocational or occupational training program for
adults offered by any high school district or unified school district
shall be reviewed every two years by the governing board to assure
that each program does all of the following:
(1) Meets a documented labor market demand.
(2) Does not represent unnecessary duplication of other manpower training programs in the area.
(3) Is of demonstrated effectiveness as measured by the employment and completion success of its students.
(b) Any program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing board shall be terminated within one year.
(c) The review process required by this section shall include the review and comments by the local workforce Investment board established pursuant to the Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.), and pursuant to (Division 8 (commencing with Section 15000) of the Unemployment Insurance Code), which review and comments shall occur prior to any decision by the appropriate governing body.
(1) Meets a documented labor market demand.
(2) Does not represent unnecessary duplication of other manpower training programs in the area.
(3) Is of demonstrated effectiveness as measured by the employment and completion success of its students.
(b) Any program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing board shall be terminated within one year.
(c) The review process required by this section shall include the review and comments by the local workforce Investment board established pursuant to the Workforce Investment Act of 1998 (29 U.S.C. Sec. 2801 et seq.), and pursuant to (Division 8 (commencing with Section 15000) of the Unemployment Insurance Code), which review and comments shall occur prior to any decision by the appropriate governing body.
(a) The Superintendent may approve school district plans for
adult education innovation and alternative instructional delivery.
School districts making an application under this section shall
demonstrate how the needs of adults will be addressed by programs,
including, but not limited to:
(1) Worksite adult basic education skills instruction.
(2) Distance learning, as defined in Section 51865.
(3) Home-based and community-based independent study approaches using instructional technologies.
(4) Tests of alternative reimbursement approaches other than average daily attendance to determine whether they are reasonable and feasible, to the extent that there is no decrease in the number of students served nor an increase in cost to the state.
(b) School districts approved to implement demonstration programs under this section may claim and expend up to 5 percent of their adult block entitlement for implementation of approved programs.
(c) In addition to subdivision (b), a school district may claim and expend more than 5 percent, but no more than 15 percent, of its adult block entitlement if the program is approved by the Superintendent pursuant to subdivision (a).
(1) The Superintendent shall not approve a claim for a program pursuant to this subdivision unless the school district maintains the following accountability mechanisms for the program that may be verified through annual audits:
(A) The school district maintains documentation of the hours of student attendance required for apportionment purposes.
(B) Instructional resources are available to students.
(C) Measurement of academic gains in knowledge and skills may be determined.
(D) Student-to-teacher ratios for each course offered do not exceed the average statewide ratio for similar adult education programs.
(2) An application for adult education innovation and alternative instructional delivery shall include, but is not necessarily limited to, all of the following information for each course:
(A) How contact between students and teachers, including manner, frequency, and rules for submission and review of student work, is accomplished, including, but not necessarily limited to, the form of contract to be used between students and the teacher of record.
(B) Methods of maintaining course and student data that document instructional time to ensure that claimed units of average daily attendance are based on the equivalent of 525 hours of student attendance under the supervision of the teacher of record, that shall include the manner in which the school district does all of the following:
(i) Determines beginning and ending dates of course enrollments.
(ii) Documents student-teacher meeting time.
(iii) Documents the value of student work that is not accomplished in the presence of the teacher of record.
(C) The specific instructional resources that are available to students to complete course requirements, and how those resources are provided and accessed.
(D) The methods of assessing the academic gains of each student, including pre- and post-test systems.
(E) The number of students assigned to each teacher of record, and how the planned student-to-teacher ratio will be maintained for open entry and exit course scheduling.
(d) School districts implementing programs under this section shall report expenditures to the Superintendent in an annual fiscal report, as specified in regulations adopted by the Superintendent. Funds reported under this section and approved by the Superintendent shall continue to be allocated as part of the district's adult block entitlement in subsequent fiscal years.
(e) The Superintendent shall adopt rules and regulations for the administration of this section to include:
(1) Allowable expenditures.
(2) The range of expenditures per pupil enrolled in the program.
(3) Reporting requirements.
(4) Program evaluation.
(1) Worksite adult basic education skills instruction.
(2) Distance learning, as defined in Section 51865.
(3) Home-based and community-based independent study approaches using instructional technologies.
(4) Tests of alternative reimbursement approaches other than average daily attendance to determine whether they are reasonable and feasible, to the extent that there is no decrease in the number of students served nor an increase in cost to the state.
(b) School districts approved to implement demonstration programs under this section may claim and expend up to 5 percent of their adult block entitlement for implementation of approved programs.
(c) In addition to subdivision (b), a school district may claim and expend more than 5 percent, but no more than 15 percent, of its adult block entitlement if the program is approved by the Superintendent pursuant to subdivision (a).
(1) The Superintendent shall not approve a claim for a program pursuant to this subdivision unless the school district maintains the following accountability mechanisms for the program that may be verified through annual audits:
(A) The school district maintains documentation of the hours of student attendance required for apportionment purposes.
(B) Instructional resources are available to students.
(C) Measurement of academic gains in knowledge and skills may be determined.
(D) Student-to-teacher ratios for each course offered do not exceed the average statewide ratio for similar adult education programs.
(2) An application for adult education innovation and alternative instructional delivery shall include, but is not necessarily limited to, all of the following information for each course:
(A) How contact between students and teachers, including manner, frequency, and rules for submission and review of student work, is accomplished, including, but not necessarily limited to, the form of contract to be used between students and the teacher of record.
(B) Methods of maintaining course and student data that document instructional time to ensure that claimed units of average daily attendance are based on the equivalent of 525 hours of student attendance under the supervision of the teacher of record, that shall include the manner in which the school district does all of the following:
(i) Determines beginning and ending dates of course enrollments.
(ii) Documents student-teacher meeting time.
(iii) Documents the value of student work that is not accomplished in the presence of the teacher of record.
(C) The specific instructional resources that are available to students to complete course requirements, and how those resources are provided and accessed.
(D) The methods of assessing the academic gains of each student, including pre- and post-test systems.
(E) The number of students assigned to each teacher of record, and how the planned student-to-teacher ratio will be maintained for open entry and exit course scheduling.
(d) School districts implementing programs under this section shall report expenditures to the Superintendent in an annual fiscal report, as specified in regulations adopted by the Superintendent. Funds reported under this section and approved by the Superintendent shall continue to be allocated as part of the district's adult block entitlement in subsequent fiscal years.
(e) The Superintendent shall adopt rules and regulations for the administration of this section to include:
(1) Allowable expenditures.
(2) The range of expenditures per pupil enrolled in the program.
(3) Reporting requirements.
(4) Program evaluation.
It is the intent of the Legislature that the State
Department of Education vigorously monitor the compliance of school
districts regarding the programs and funding requirements for adult
education. Therefore, not later than January 1, 1996, the State
Department of Education shall report to the Governor and the fiscal
committees and the education policy committees of both houses of the
Legislature on the implementation of the adult education program and
the fiscal aspects of the adult education program for the period of
July 1, 1993, to June 30, 1995. The report shall identify, by school
district, any abuses of the letter or intent of the statutes
pertaining to adult education, and the report shall contain
recommendations for the modification, if necessary, of the funding
formulas used to calculate the adult block entitlement or for program
improvements to adult education.
Adult education programs, courses, and classes shall not be
used to supplant the regular high school curriculum for high school
pupils enrolled in adult education. Adult education shall supplement
and enrich the high school pupil's educational experiences.
Therefore, adult education, at a minimum, shall meet the following
criteria:
(a) All programs, courses, and classes conducted as adult education shall be open to adults and listed in the district's catalog of adult education classes provided to the public and shall be under the supervision and jurisdiction of the adult education administrator as determined by the school district governing board. Adults shall have priority over other students for admission to any adult education class if those adults enroll not later than the regular enrollment period for those classes. The enrollment period shall be published in the course catalog. No course required by the school district for high school graduation or necessary for pupils to maintain satisfactory academic progress shall be offered exclusively through the adult education program. An adult for purposes of this section is a person 18 years of age or older or other person who is not concurrently enrolled in a regular high school program.
(b) Each adult education teacher, whether part time or full time, under contract status or in an hourly position, shall be part of the adult school faculty and shall be under the direct supervision of the authorized adult education administrator.
(c) Enrollment of high school pupils shall be voluntary on the part of the pupil taking the class. Prior to enrollment by a high school pupil in an adult education program, class, or course, the pupil shall have documentation of the counseling session held pursuant to subdivision (b) of Section 52500.1.
(d) Enrollment of a high school pupil in an adult education program, course, or class shall be for sound educational purposes, including, but not limited to, the following:
(1) The adult education program, course, or class is not offered in the regular high school curriculum.
(2) The adult education program, course, or class is needed by the pupil to make up deficient credits for graduation from high school.
(3) The adult education program, course, or class allows the pupil to gain vocational and technical skills beyond that provided by the regular high school's vocational and technical education program.
(4) The adult education program, course, or class, supplements and enriches the high school pupil's educational experience.
(e) A high school pupil shall not be enrolled for apportionment purposes in an adult education program, course, or class that would be considered any of the following:
(1) Physical education.
(2) Driver's training and education.
(3) Visual and performing arts.
(4) Band.
(5) Preparation of a school yearbook or school newspaper.
(6) Training for, or participation in, athletic camps, cheerleading or spirit organizations, student government, or extracurricular student clubs. The Superintendent of Public Instruction shall issue a program advisory that further defines the purposes set forth in subdivision (d) and the courses set forth in subdivision (e). The superintendent is authorized to issue, at any time, rules and regulations instead of the program advisory.
(a) All programs, courses, and classes conducted as adult education shall be open to adults and listed in the district's catalog of adult education classes provided to the public and shall be under the supervision and jurisdiction of the adult education administrator as determined by the school district governing board. Adults shall have priority over other students for admission to any adult education class if those adults enroll not later than the regular enrollment period for those classes. The enrollment period shall be published in the course catalog. No course required by the school district for high school graduation or necessary for pupils to maintain satisfactory academic progress shall be offered exclusively through the adult education program. An adult for purposes of this section is a person 18 years of age or older or other person who is not concurrently enrolled in a regular high school program.
(b) Each adult education teacher, whether part time or full time, under contract status or in an hourly position, shall be part of the adult school faculty and shall be under the direct supervision of the authorized adult education administrator.
(c) Enrollment of high school pupils shall be voluntary on the part of the pupil taking the class. Prior to enrollment by a high school pupil in an adult education program, class, or course, the pupil shall have documentation of the counseling session held pursuant to subdivision (b) of Section 52500.1.
(d) Enrollment of a high school pupil in an adult education program, course, or class shall be for sound educational purposes, including, but not limited to, the following:
(1) The adult education program, course, or class is not offered in the regular high school curriculum.
(2) The adult education program, course, or class is needed by the pupil to make up deficient credits for graduation from high school.
(3) The adult education program, course, or class allows the pupil to gain vocational and technical skills beyond that provided by the regular high school's vocational and technical education program.
(4) The adult education program, course, or class, supplements and enriches the high school pupil's educational experience.
(e) A high school pupil shall not be enrolled for apportionment purposes in an adult education program, course, or class that would be considered any of the following:
(1) Physical education.
(2) Driver's training and education.
(3) Visual and performing arts.
(4) Band.
(5) Preparation of a school yearbook or school newspaper.
(6) Training for, or participation in, athletic camps, cheerleading or spirit organizations, student government, or extracurricular student clubs. The Superintendent of Public Instruction shall issue a program advisory that further defines the purposes set forth in subdivision (d) and the courses set forth in subdivision (e). The superintendent is authorized to issue, at any time, rules and regulations instead of the program advisory.
(a) The department, in conjunction with the chancellor's
office, as part of the report and recommendations required pursuant
to paragraph (1) of subdivision (f) of Section 84830, shall jointly
develop and issue assessment policy recommendations regarding
assessments to be used by school districts and community college
districts for purposes of placement in adult education courses
offered pursuant to Section 84830.
(b) The department and the chancellor's office, as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue policy recommendations to the Legislature regarding a comprehensive accountability system for adult education courses offered pursuant to Sections 41976 and 84757. The department and the chancellor's office shall develop recommendations for all adult education-funded providers for assessment, evaluation, and data collection to document participant outcomes and placement, and other measures they deem appropriate. Accountability measures may include receipt of a secondary school diploma or its recognized equivalent, placement in a postsecondary educational institution, training, and employment. All funded programs shall be required to annually submit demographic and other student-level outcome information to the department or the chancellor's office, as appropriate.
(c) The department, in conjunction with the chancellor's office, and as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall coordinate and issue both of the following:
(1) Recommendations, including recommendations as to whether or not fees should be assessed, and fee policy guidelines to be used by school districts and community college districts regarding the authority to charge fees for courses offered pursuant to Section 84830. With respect to these recommendations and guidelines, it is the intent of the Legislature that:
(A) Registration and course fees should be equivalent across all programs.
(B) Fees should not generate income beyond the cost of providing the courses.
(C) Fees should not create a barrier to student access to adult education programs.
(2) Recommendations and policy guidelines regarding the use of a single student identifier to be used by school districts and community college districts for purposes of developing a comprehensive accountability system pursuant to the requirements of Section 84830.
(d) As used in this section, "chancellor's office" means the Office of the Chancellor of the California Community Colleges.
(b) The department and the chancellor's office, as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue policy recommendations to the Legislature regarding a comprehensive accountability system for adult education courses offered pursuant to Sections 41976 and 84757. The department and the chancellor's office shall develop recommendations for all adult education-funded providers for assessment, evaluation, and data collection to document participant outcomes and placement, and other measures they deem appropriate. Accountability measures may include receipt of a secondary school diploma or its recognized equivalent, placement in a postsecondary educational institution, training, and employment. All funded programs shall be required to annually submit demographic and other student-level outcome information to the department or the chancellor's office, as appropriate.
(c) The department, in conjunction with the chancellor's office, and as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall coordinate and issue both of the following:
(1) Recommendations, including recommendations as to whether or not fees should be assessed, and fee policy guidelines to be used by school districts and community college districts regarding the authority to charge fees for courses offered pursuant to Section 84830. With respect to these recommendations and guidelines, it is the intent of the Legislature that:
(A) Registration and course fees should be equivalent across all programs.
(B) Fees should not generate income beyond the cost of providing the courses.
(C) Fees should not create a barrier to student access to adult education programs.
(2) Recommendations and policy guidelines regarding the use of a single student identifier to be used by school districts and community college districts for purposes of developing a comprehensive accountability system pursuant to the requirements of Section 84830.
(d) As used in this section, "chancellor's office" means the Office of the Chancellor of the California Community Colleges.
The Legislature finds and declares all of the following:
(a) A healthy state economy is dependent on an educated and well-prepared workforce. Career technical education plays a critical role in developing the workforce necessary for the economic viability of the state, keeping pupils engaged in the educational process, and providing meaningful skills that translate to productive careers.
(b) Data and projections from the Employment Development Department reveal that between the years of 2000 and 2006, approximately 711,290 jobs that do not require a college degree will need to be filled.
(c) The United States Department of Labor indicates that only about 20 percent of the jobs in the workforce require a baccalaureate degree.
(d) The State Department of Education reports that over 75 percent of the "industrial technology education," which includes, but is not limited to, automotive, construction, and manufacturing programs in California's schools have closed since the mid-1970s.
(e) The Employment Development Department and other sources reveal that current course offerings and enrollments are insufficient to fill the projected need of the state's future labor market. Existing courses provide only 65 percent of the projected course requirements.
(a) A healthy state economy is dependent on an educated and well-prepared workforce. Career technical education plays a critical role in developing the workforce necessary for the economic viability of the state, keeping pupils engaged in the educational process, and providing meaningful skills that translate to productive careers.
(b) Data and projections from the Employment Development Department reveal that between the years of 2000 and 2006, approximately 711,290 jobs that do not require a college degree will need to be filled.
(c) The United States Department of Labor indicates that only about 20 percent of the jobs in the workforce require a baccalaureate degree.
(d) The State Department of Education reports that over 75 percent of the "industrial technology education," which includes, but is not limited to, automotive, construction, and manufacturing programs in California's schools have closed since the mid-1970s.
(e) The Employment Development Department and other sources reveal that current course offerings and enrollments are insufficient to fill the projected need of the state's future labor market. Existing courses provide only 65 percent of the projected course requirements.
