Article 9. Adult Education Block Grant Program of California Education Code >> Division 7. >> Title 3. >> Part 50. >> Chapter 5. >> Article 9.
The Adult Education Block Grant Program is hereby
established under the administration of the Chancellor of the
California Community Colleges and the Superintendent of Public
Instruction.
For purposes of this article, the following definitions
shall apply, unless otherwise specified:
(a) "Adult" means a person 18 years of age or older.
(b) "Consortium" means an adult education consortium approved
pursuant to this article.
(c) "Executive director" means the executive director of the State
Board of Education.
(d) "Program" means the Adult Education Block Grant Program
established by Section 84900.
(a) The chancellor and the Superintendent are the state
officials responsible for identifying and understanding the
educational needs of adults in the state.
(b) The chancellor and the Superintendent shall use the powers
provided by this article to support the effective provision of
services that address the educational needs of adults in all regions
of the state.
(c) In performing duties under this article, the chancellor and
the Superintendent shall seek advice from, and coordinate with, other
state officials responsible for programs for adults.
(a) The chancellor and the Superintendent, with the advice
of the executive director, shall divide the state into adult
education regions and shall determine the physical boundaries of each
region.
(b) When determining the boundaries of the adult education
regions, the chancellor and the Superintendent shall consider factors
that impact the provision of adult education, including all of the
following:
(1) Economic and demographic factors, including the locations of
regional labor markets.
(2) The boundaries of regions used to distribute funds for other
state programs.
(3) The presence of adult education providers that have
demonstrated effectiveness in meeting the educational needs of
adults.
(c) Until otherwise determined by the chancellor and the
Superintendent, the physical boundaries of the adult education
regions shall be the same as the physical boundaries of the regions
established for purposes of providing planning and implementation
grants pursuant to Section 84830.
(a) The chancellor and the Superintendent, with the advice
of the executive director, shall approve one adult education
consortium in each adult education region.
(b) Until otherwise determined by the chancellor and the
Superintendent, the consortia to which planning and implementation
grants were apportioned pursuant to Section 84830 shall be deemed
approved for purposes of this section.
The chancellor and the Superintendent, with the advice of
the executive director, shall approve, for each consortium, rules and
procedures that adhere to all of the following conditions:
(a) Any community college district, school district, or county
office of education, or any joint powers authority consisting of
community college districts, school districts, county offices of
education, or a combination of these, located within the boundaries
of the adult education region shall be permitted to join the
consortium as a member.
(b) As a condition of joining a consortium, 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.
(c) A member of the consortium shall be represented only by an
official designated by the governing board of the member.
(d) (1) Decisionmaking procedures are specified that ensure that
all of the following conditions are satisfied:
(A) All members of the consortium shall participate in any
decision made by the consortium.
(B) A proposed decision is considered at an open, properly noticed
public meeting of the consortium at which members of the public may
comment.
(C) 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.
(D) (i) 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.
(ii) The consortium has considered and responded to any comments
submitted by entities pursuant to clause (i).
(iii) For purposes of this subparagraph, 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.
(E) A decision is final.
(2) For purposes of this subdivision, a decision includes approval
of an adult education plan pursuant to Section 84906 and approval of
a distribution schedule pursuant to Section 84913.
(e) 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.
(a) As a condition of receipt of an apportionment of funds
from this program for a fiscal year, the members of a consortium
shall have approved an adult education plan that addresses that
fiscal year.
(b) An adult education plan shall include all of the following:
(1) An evaluation of the educational needs of adults in the
region.
(2) A list of the following:
(A) Entities that provide education and workforce services to
adults in the region.
(B) Entities that are impacted by, or that have a fundamental
interest in, the provision of those services.
(3) A description of the services provided by entities listed
pursuant to paragraph (2).
(4) An evaluation of current levels and types of education and
workforce services for adults in the region.
(5) An evaluation of the funds available to the members of the
consortium and the entities listed pursuant to paragraph (2),
including funds other than those apportioned pursuant to this
article.
(6) Actions that the members of the consortium will take to
address the educational needs identified pursuant to paragraph (1).
(7) Actions that the members of the consortium will take to
improve the effectiveness of their services.
(8) Actions that the members of the consortium, the entities
listed pursuant to paragraph (2), and other interested parties will
take to improve integration of services and to improve transitions
into postsecondary education and the workforce, including actions
related to all of the following:
(A) Placement of adults seeking education and workforce services
into adult education programs.
(B) Alignment of academic standards and curricula for programs
across entities that provide education and workforce services to
adults.
(C) Qualifications of instructors, including common standards
across entities that provide education and workforce services to
adults.
(D) Collection and availability of data.
(9) A description of the alignment of adult education services
supported by this program with those described in other education and
workforce plans guiding services in the region, including plans
pertaining to the building of career pathways and the employment of
workforce sector strategies and those required pursuant to the
federal Workforce Innovation and Opportunity Act (Public Law
113-128).
(10) A description of the ways in which each of the entities
identified in paragraph (2) contributed to the development of the
plan.
(c) The members of a consortium shall approve an adult education
plan at least once every three years. The plan shall be updated at
least once each year based on available data.
(d) For the 2015-16, 2016-17, and 2017-18 fiscal years, a regional
plan developed pursuant to Section 84830 shall satisfy the
requirements of this section.
No later than July 31, 2015, the chancellor and the
Superintendent, with the advice of the executive director, shall
certify, for each school district and county office of education, the
amount of state funds required to be expended for adult education
pursuant to paragraph (7) of subdivision (a) of Section 42238.03, and
paragraph (3) of subdivision (k) of Section 2575, respectively.
(a) If the total amount certified for all school districts
and county offices of education pursuant to Section 84907 is less
than three hundred seventy-five million dollars ($375,000,000), the
chancellor and the Superintendent shall do both of the following:
(1) Apportion funds appropriated for the program in the Budget Act
of 2015, no later than August 30, 2015, to each school district or
county office of education in an amount equal to the amount certified
for that school district or county office of education pursuant to
Section 84907. As a condition of receipt of an apportionment, a
school district or county office of education is required to be a
member of a consortium.
(2) (A) (i) With the concurrence of the executive director,
approve a schedule of allocations to each consortium, no later than
October 30, 2015, of any funds appropriated for the program in the
Budget Act of 2015 that remain after funds have been apportioned
pursuant to paragraph (1).
(ii) The chancellor and the Superintendent shall determine the
amount to be allocated to each consortium pursuant to this paragraph
based on that adult education region's share of the statewide need
for adult education.
(B) Using the schedule approved pursuant to subparagraph (A), the
chancellor and the Superintendent shall do one of the following for
each consortium:
(i) Apportion funds to a fund administrator designated by the
members of a consortium beginning no more than 30 days after approval
of the schedule pursuant to subparagraph (A).
(ii) Apportion funds to members of a consortium beginning no more
than 30 days after receipt of a final distribution schedule from that
consortium.
(b) If the total amount certified for all school districts and
county offices of education pursuant to Section 84907 equals or
exceeds three hundred seventy-five million dollars ($375,000,000),
the chancellor and the Superintendent shall do both of the following:
(1) Apportion funds appropriated for the program in the Budget Act
of 2015, no later than August 30, 2015, to each school district or
county office of education in an amount equal to the amount certified
for that school district or county office of education pursuant to
Section 84907 multiplied by three hundred seventy-five million
dollars ($375,000,000), divided by the total amount certified for all
school districts and county offices of education pursuant to Section
84907.
(2) (A) (i) With the concurrence of the executive director,
approve a schedule of allocations to each consortium, no later than
October 30, 2015, of any funds appropriated for this program in the
Budget Act of 2015 that remain after funds have been apportioned
pursuant to paragraph (1).
(ii) The chancellor and the Superintendent shall determine the
amount to be allocated to each consortium pursuant to this paragraph
based on that adult education region's share of the statewide need
for adult education.
(B) Using the schedule approved pursuant to subparagraph (A), the
chancellor and the Superintendent shall do one of the following for
each consortium:
(i) Apportion funds to a fund administrator designated by the
members of a consortium beginning no more than 30 days after approval
of the schedule pursuant to subparagraph (A).
(ii) Apportion funds to members of a consortium beginning no more
than 30 days after receipt of a final distribution schedule from that
consortium.
(c) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
(a) This section shall apply commencing with the 2016-17
fiscal year.
(b) The chancellor and the Superintendent, with the advice of the
executive director, shall approve, no later than February 28 of the
prior fiscal year, a preliminary schedule of allocations to each
consortium of any funds proposed in the Governor's Budget for the
program.
(c) The chancellor and the Superintendent, with the advice of the
executive director, shall approve, within 15 days of enactment of the
annual Budget Act, a final schedule of allocations to each
consortium of any funds appropriated by the Legislature for the
program.
(d) The chancellor and the Superintendent shall determine the
amount to be allocated to each consortium based on the following:
(1) The amount of funds apportioned to the members of that
consortium in the immediately preceding fiscal year.
(2) That adult education region's share of the statewide need for
adult education.
(3) That consortium's effectiveness in meeting the educational
needs of adults in the adult education region based on available
data.
(e) Using the final schedule approved pursuant to subdivision (c),
the chancellor and the Superintendent shall do one of the following
for each consortium:
(1) Apportion funds to a fund administrator designated by the
members of a consortium beginning no more than 30 days after approval
of the final schedule of allocations.
(2) Apportion funds to members of a consortium beginning no more
than 30 days after receipt of a final distribution schedule from that
consortium.
The chancellor and the Superintendent shall, when approving
a schedule of allocations for a fiscal year, also present preliminary
projections for the amounts that would be allocated in the
subsequent two fiscal years. This preliminary presentation shall not
constitute a binding commitment of funds.
To determine the need for adult education, the chancellor
and the Superintendent shall consider, at a minimum, measures related
to adult population, employment, immigration, educational
attainment, and adult literacy.
The chancellor and the Superintendent shall apportion funds
appropriated for the program in a given year in compliance with all
of the following:
(a) No more than one-twelfth of the total amount appropriated
shall have been apportioned by the end of July.
(b) No more than one-sixth of the total amount appropriated shall
have been apportioned by the end of August.
(c) No more than one-quarter of the total amount appropriated
shall have been apportioned by the end of September.
(d) No more than one-third of the total amount appropriated shall
have been apportioned by the end of October.
(e) No more than five-twelfths of the total amount appropriated
shall have been apportioned by the end of November.
(f) No more than one-half of the total amount appropriated shall
have been apportioned by the end of December.
(g) No more than seven-twelfths of the total amount appropriated
shall have been apportioned by the end of January.
(h) No more than two-thirds of the total amount appropriated shall
have been apportioned by the end of February.
(i) No more than three-quarters of the total amount appropriated
shall have been apportioned by the end of March.
(j) No more than five-sixths of the total amount appropriated
shall have been apportioned by the end of April.
(k) No more than eleven-twelfths of the total amount appropriated
shall have been apportioned by the end of May.
(a) Funds apportioned for the program shall be used only for
support of the following:
(1) Programs in elementary and secondary basic skills, including
programs leading to a high school diploma or high school equivalency
certificate.
(2) Programs for immigrants eligible for educational services in
citizenship, English as a second language, and workforce preparation.
(3) Programs for adults, including, but not limited to, older
adults, that are primarily related to entry or reentry into the
workforce.
(4) Programs for adults, including, but not limited to, older
adults, that are primarily designed to develop knowledge and skills
to assist elementary and secondary school children to succeed
academically in school.
(5) Programs for adults with disabilities.
(6) Programs in career technical education that are short term in
nature and have high employment potential.
(7) Programs offering preapprenticeship training activities
conducted in coordination with one or more apprenticeship programs
approved by the Division of Apprenticeship Standards for the
occupation and geographic area.
(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.
(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) For any year for which the chancellor and the Superintendent
allocate an amount of funds to the consortium less than the amount
allocated in the prior 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) 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 ineffective in providing services that
address the needs identified in the adult education plan and
reasonable interventions have not resulted in improvements.
(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.
(a) It is the intent of the Legislature to coordinate
programs that support education and workforce services for adults.
(b) No later than January 31, 2016, the chancellor and the
Superintendent shall submit to the Director of Finance, to the State
Board of Education, and, in conformity with Section 9795 of the
Government Code, to the Legislature a plan approved by the chancellor
and the Superintendent to distribute funds from the following
programs to the consortia:
(1) (A) The federal Adult Education and Family Literacy Act (Title
II of the federal Workforce Innovation and Opportunity Act).
(B) The plan for allocating funds under this paragraph shall
comply with the criteria enumerated in subsection (e) of Section 3321
of Title 29 of the United States Code related to base disbursement
of these funds.
(2) The federal Carl D. Perkins Career and Technical Education Act
(Public Law 109-270).
In order to maximize the benefits derived from public funds
provided for the purpose of addressing the educational needs of
adults and to ensure the efficient and coordinated use of resources,
it is the intent and expectation of the Legislature that any
community college district, school district, or county office of
education, or any joint powers authority consisting of community
college districts, school districts, county offices of education, or
a combination of these, located within the boundaries of the adult
education region shall be a member of a consortium pursuant to this
article if it receives funds from any of the following programs or
allocations:
(a) The Adults in Correctional Facilities program.
(b) The federal Adult Education and Family Literacy Act (Title II
of the federal Workforce Innovation and Opportunity Act).
(c) The federal Carl D. Perkins Career and Technical Education Act
(Public Law 109-270).
(d) Local Control Funding Formula apportionments received for
students who are 19 years of age or older.
(e) Community college apportionments received for providing
instruction in courses in the areas listed in subdivision (a) of
Section 84913.
(f) State funds for remedial education and job training services
for participants in the CalWORKs program.
(a) To inform actions taken by the Governor and the
Legislature related to adult education, the chancellor and the
Superintendent shall submit to the Director of Finance, to the State
Board of Education, and, in conformity with Section 9795 of the
Government Code, to the Legislature, by September 30 following any
fiscal year for which funds are appropriated for the program, a
report about the use of these funds and outcomes for adults statewide
and in each adult education region. The report shall include at
least all of the following:
(1) A summary of the adult education plan operative for each
consortium.
(2) The distribution schedule for each consortium.
(3) The types and levels of services provided by each consortium.
(4) The effectiveness of each consortium in meeting the
educational needs of adults in its respective region.
(5) Any recommendations related to delivery of education and
workforce services for adults, including recommendations related to
improved alignment of state programs.
(b) (1) 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 (a).
(2) The chancellor and the Superintendent shall align the data
used to produce the report described in subdivision (a) with data
reported by local educational agencies for other purposes, such as
data used for purposes of the federal Workforce Opportunity and
Innovation Act (Public Law 113-128).
(3) The Employment Development Department and the California
Workforce Investment Board shall provide any assistance needed to
align delivery of services across state and regional workforce,
education, and job service programs.
(a) To the extent that one-time funding is made available in
the Budget Act of 2015, consistent with the provisions of Section
84917, 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. At a minimum,
the chancellor and the Superintendent shall accomplish both of the
following:
(1) Define the specific data each consortium shall collect.
(2) Establish a menu of common assessments and policies regarding
placement of adults seeking education and workforce services into
adult education programs to be used by each consortium to measure
educational needs of adults and the effectiveness of providers in
addressing those needs.
(b) It is the intent of the Legislature that both of the following
occur:
(1) That the educational needs of adults in the state be better
identified and understood through better sharing of data across state
agencies.
(2) That, at a minimum, the chancellor and the Superintendent
shall enter into agreements to share data related to effectiveness of
the consortia between their agencies and with other state agencies,
including, but not necessarily limited to, the Employment Development
Department and the California Workforce Investment Board.
(c) The chancellor and the Superintendent shall identify, no later
than January 1, 2016, the measures for assessing the effectiveness
of consortia that will be used in the report that, pursuant to
Section 84917, is to be submitted by September 30, 2016. These
measures shall include, but not necessarily be limited to, all of the
following:
(1) How many adults are served by members of the consortium.
(2) How many adults served by members of the consortium have
demonstrated the following:
(A) Improved literacy skills.
(B) Completion of high school diplomas or their recognized
equivalents.
(C) Completion of postsecondary certificates, degrees, or training
programs.
(D) Placement into jobs.
(E) Improved wages.
(d) No later than November 1, 2015, the chancellor and the
Superintendent shall submit to the Director of Finance, the state
board, and the appropriate policy and fiscal committees in the
Legislature a report of its progress in meeting the requirements of
subdivisions (a) and (b).
(e) The chancellor and the Superintendent shall apportion the
funds appropriated for purposes of this section in the Budget Act of
2015 in accordance with both of the following:
(1) Eighty-five percent of these funds shall be used for grants to
consortia to establish systems or obtain data necessary to submit
any reports or data required pursuant to subdivision (b) of Section
84917.
(2) Fifteen percent of these funds shall be used for grants for
development of statewide policies and procedures related to data
collection or reporting or for technical assistance to consortia, or
both.
(f) The chancellor and the Superintendent shall provide any
guidance to the consortia necessary to support the sharing of data
included in systems established by consortia pursuant to this section
across consortia.