SECTIONS 52610-52617 - California Statutes

EDUCATION CODE

SECTION 52610-52617

52610. "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.

52610.5. Notwithstanding Section 52610, any minor, regardless of
age, who is pregnant or is a parent actively engaged in raising one
or more of his or her children, is eligible to enroll in any adult
education course or class described in subdivision (a) of Section
41976 or in Section 52616.2. The attendance of that pupil in that
course or class shall be counted for adult education apportionment
purposes, except that no district shall be entitled to claim average
daily attendance for apportionment purposes in excess of the amount
authorized by subdivision (b) of Section 52616. In addition, no
district may count the attendance of any pupil toward the computation
of both adult average daily attendance, as computed pursuant to
Section 41601, and regular average daily attendance, as computed
pursuant to Section 46300.

52612. Except as specified in this section, an adult enrolled in a
class for adults may be required by the governing board of the
district maintaining the class to pay a fee for the class. Except as
specified in Section 52613, no charge of any kind shall be made for a
class in English and citizenship for foreigners or a class in an
elementary subject. No fee charge shall 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.
All textbooks and classroom materials furnished without charge
under this section may also be offered for sale at the school
bookstore.

52613. (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 alien, 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 alien in a class in English and
citizenship for foreigners or a class in an elementary subject, shall
charge the nonimmigrant alien 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.

52614. The governing board of the district shall designate an
employee or employees of the district to have custody of the
incidental expense account, or accounts, who shall be responsible for
the payment into the account, or accounts, of all moneys required to
be paid into the account or accounts, and for all expenditures
therefrom, subject to such regulations as the governing board
prescribes.

52615. The regulations of the governing board may provide for the
sale of materials purchased from the incidental expense account to
pupils in classes for adults, for use in connection with such
classes. The proceeds of all such sales shall be deposited in that
account and shall be available for the purposes of that account.

52616. (a) Notwithstanding any other provision of law, commencing
July 1, 1993, the Superintendent of Public Instruction shall
determine an adult block entitlement, to be paid from appropriations
to Section A of the State School Fund as part of the principal
apportionment to school districts, for those school districts that
maintain education programs for adults by multiplying the adult
education revenue limit per unit of average daily attendance
determined pursuant to Section 52616.16 and the adult education
average daily attendance determined pursuant to Section 52616.17.
(b) The adult block entitlement shall be deposited in a separate
fund of the school district to be known as the "adult education fund."
Money in an adult education fund shall be expended only for adult
education purposes. Moneys received for programs other than adult
education shall not be expended for adult education.

52616.2. For purposes of calculating the adult block entitlement
under Section 52616 for any school district that maintains education
programs for adults, as described under subdivision (a) of Section
41976, the Superintendent of Public Instruction shall include the
average daily attendance for any parenting programs offered by the
district for parents of high-risk pupils, as defined in Section
54721, between the ages of 5 and 18 years, inclusive, which programs
shall include, but not necessarily be limited to, instruction in the
value of the following pupil objectives:
(a) Completion of the educational process leading to the granting
of a diploma of graduation from high school.
(b) Study and learning in conjunction with other pupils.
(c) Fulfillment of school homework requirements.
(d) School attendance and participation as preparation for
employment and other activities.

52616.4. (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) Direct support costs for the adult education program. For the
purposes of this section, "direct support costs" means:
(A) Instructional administration and instructional media costs
that are supported by auditable documentation. For purposes of this
paragraph, instructional administration costs include the documented
costs of individuals who, regardless of specific job title,
administer the district's adult education program.
(B) 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 clause (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 clause (i).
(v) The person providing the administration immediately supervises
the adult school personnel.
(C) Plant maintenance and operations costs, including costs for
facilities that are used to provide child care 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 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.
(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:
(I) 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
child care purposes.
(II) Calculate the total number of classroom units in the
district.
(III) Divide the amount calculated in (I) by the amount calculated
in (II).
(IV) Multiply the quotient calculated in (III) by the district's
total plant maintenance and operations costs.
(D) 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 child care
services to the children of the students attending the adult
education program at the same site. For purposes of this paragraph, 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.
(E) 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 child care services to the children of the students
attending the adult education program at the same site.
For the purposes of this paragraph, "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.
(3) Indirect costs of the adult education program. For the
purposes of this paragraph, "indirect costs" means the lesser of the
school district's prior year indirect cost rate as approved by the
State Department of Education or the statewide average indirect cost
rate for high school and unified school districts for the second
prior fiscal year.
(4) As an alternative to charging the costs in both paragraphs (2)
and (3) to the adult education program, a school district may
transfer not more than 8 percent of the annual revenue deposited in
the district's Adult Education Fund to the district's general fund
for expenditures the district incurs in operating its adult education
program.
(b) If the State Department of Education and the Department of
Finance concur that a school district has violated this section, the
Superintendent of Public Instruction shall direct that school
district to transfer double the amount improperly transferred to the
district's general fund from that fund to the district's Adult
Education Fund for the subsequent fiscal year, which amount shall be
used for the improvement of the 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 and increase the
district's adult block entitlement determined pursuant to Section
52616 by that amount, which amount shall be used for improvement of
the 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
of Public Instruction and the Department of Finance.
(d) The Superintendent of Public Instruction, with the approval of
the Department of Finance, may waive up to the full transfer amount
in subdivision (b) if he or she determines that the noncompliance
involved is minor or inadvertent, or both.

52616.5. (a) Notwithstanding the provisions of Section 52616.4, the
Merced Union High School District may use money in its Adult
Education Fund to purchase up to 20 existing district-owned
classrooms for the exclusive use of its adult education program.
(b) The Adult Education Fund money used by the Merced Union High
School District to purchase existing district-owned classrooms for
the exclusive use of its adult education program shall be placed in a
separate account after the purchase is completed.
(c) The money in the separate account established pursuant to
subdivision (b) shall be used by the Merced Union High School
District solely for the purpose of purchasing classrooms for use by
students in grades 9 to 12, inclusive. The school district shall
purchase, with the funds in the separate account, an equal number of
classrooms for use by students in grades 9 to 12, inclusive, as the
number of classrooms purchased for the adult education program
pursuant to subdivision (a).
(1) If the funds in the separate account are insufficient to
purchase an equal number of classrooms for use by students in grades
9 to 12, inclusive, then the school district may use district general
fund money to complete the purchase of the classrooms.
(2) If there are funds remaining in the separate account after the
purchase of an equal number of classrooms for use by students in
grades 9 to 12, inclusive, those funds shall be transferred back to
the Adult Education Fund.
(d) The classrooms purchased pursuant to this section shall meet
the structural standards imposed by law for earthquake safety
pursuant to Article 3 (commencing with Section 39140) and Article 6
(commencing with Section 39210) of Chapter 2 of Part 23.
(e) Any classrooms purchased pursuant to subdivision (a) shall not
be included in the area of adequate school construction existing in
the school district pursuant to Section 17742.7.
(f) This section shall not expand the Merced Union High School
District's eligibility for funding pursuant to the Public Education
Facilities Bond Act of 1996 (Part 66 (commencing with Section
100000)).

52616.6. 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.

52616.16. (a) For the 1993-94 fiscal year, each school district's
adult education revenue limit per unit of average daily attendance
shall be determined as follows:
(1) (A) Add the total apportionment the school district received
for the 1991-92 fiscal year for its adult education program and the
portion of its state apportionment that represents the funding for
those secondary school pupils concurrently enrolled in adult
education.
(B) Add the school district's average daily attendance funded for
the annual apportionment for the 1991-92 fiscal year for adult
education and the portion of the district's funded regular average
daily attendance for secondary school pupils concurrently enrolled in
adult education.
(C) Divide subparagraph (A) by subparagraph (B) to determine the
school district's adult education revenue limit per unit of average
daily attendance.
(2) (A) For a school district offering adult education courses and
classes pursuant to Section 41976.2, multiply the funded average
daily attendance for the second principal apportionment made in the
1991-92 fiscal year for independent study pupils 21 years of age or
older and pupils 19 years of age or older who have not been
continuously enrolled in kindergarten or any of grades 1 to 12,
inclusive, since their 18th birthday, as calculated pursuant to
Section 46300.1, as that section read on January 1, 1992, by the
statewide average funded adult education revenue limit for the
1992-93 fiscal year. This amount shall be added to the amount
calculated pursuant to subparagraph (A) of paragraph (1) of this
subdivision.
(B) Determine the funded average daily attendance made in the
second principal apportionment for the 1991-92 fiscal year for
independent study pupils 21 years of age or older and pupils 19 years
of age or older who have not been continuously enrolled in
kindergarten or any of grades 1 to 12, inclusive, since their 18th
birthday, as calculated pursuant to Section 46300.1, as that section
read on January 1, 1992. This amount shall be added to the amount
calculated pursuant to subparagraph (B) of paragraph (1) of this
subdivision.
(3) If the amount determined in paragraph (1) is between one
thousand seven hundred seventy-five dollars ($1,775) and two thousand
fifty dollars ($2,050), that amount shall be the district's adult
education revenue limit per unit of average daily attendance for the
1993-94 fiscal year.
(4) If the amount determined in paragraph (1) is greater than two
thousand fifty dollars ($2,050), the difference between that amount
and two thousand fifty dollars ($2,050) shall be multiplied by 0.67
and that product shall be added to two thousand fifty dollars
($2,050). That amount shall be the district's adult education revenue
limit per unit of average daily attendance for the 1993-94 fiscal
year.
(5) If the amount determined in paragraph (1) is less than one
thousand seven hundred seventy-five dollars ($1,775), the difference
between that amount and one thousand seven hundred seventy-five
dollars ($1,775) shall be multiplied by .67 and that product shall be
subtracted from one thousand seven hundred seventy-five dollars
($1,775). That amount shall be the district's adult education revenue
limit per unit of average daily attendance for the 1993-94 fiscal
year.
(6) Any school district that establishes a new adult education
program and receives a state apportionment for adult education on or
after July 1, 1993, shall have an adult education revenue limit per
unit of average daily attendance equal to the statewide average adult
education revenue limit for the 1993-94 fiscal year.
(b) For the 1994-95 fiscal year, each school district's adult
education revenue limit per unit of average daily attendance shall be
determined as follows:
(1) (A) Add the total apportionment the school district received
for the 1991-92 fiscal year for its adult education program and the
portion of its state apportionment that represents the funding for
those secondary school pupils concurrently enrolled in adult
education.
(B) Add the school district's average daily attendance funded for
the annual apportionment for the 1991-92 fiscal year for adult
education and the portion of the district's funded regular average
daily attendance for secondary school pupils concurrently enrolled in
adult education.
(C) Divide subparagraph (A) by subparagraph (B) to determine the
school district's adult education revenue limit per unit of average
daily attendance.
(2) (A) For a school district offering adult education courses and
classes pursuant to Section 41976.2, multiply the funded average
daily attendance for the second principal apportionment made in the
1991-92 fiscal year for independent study pupils 21 years of age or
older and pupils 19 years of age or older who have not been
continuously enrolled in kindergarten or any of grades 1 to 12,
inclusive, since their 18th birthday, as calculated pursuant to
Section 46300.1, as that section read on January 1, 1992, by the
statewide average funded adult education revenue limit for the
1992-93 fiscal year. This amount shall be added to the amount
calculated pursuant to subparagraph (A) of paragraph (1) of this
subdivision.
(B) Determine the funded average daily attendance for the second
principal apportionment made in the 1991-92 fiscal year for
independent study pupils 21 years of age or older and pupils 19 years
of age or older who have not been continuously enrolled in
kindergarten or any of grades 1 to 12, inclusive, since their 18th
birthday, as calculated pursuant to Section 46300.1, as that section
read on January 1, 1992. This amount shall be added to the amount
calculated pursuant to subparagraph (B) of paragraph (1) of this
subdivision.
(3) If the amount determined in paragraph (1) is between one
thousand seven hundred seventy-five dollars ($1,775) and two thousand
fifty dollars ($2,050), that amount shall be the district's adult
education revenue limit per unit of average daily attendance for the
1994-95 fiscal year.
(4) If the amount determined in paragraph (1) is greater than two
thousand fifty dollars ($2,050), the difference between that amount
and two thousand fifty dollars ($2,050) shall be multiplied by 0.33
and that product shall be added to two thousand fifty dollars
($2,050). That amount shall be the district's adult education revenue
limit per unit of average daily attendance for the 1994-95 fiscal
year.
(5) If the amount determined in paragraph (1) is less than one
thousand seven hundred seventy-five dollars ($1,775), the difference
between that amount and one thousand seven hundred seventy-five
dollars ($1,775) shall be multiplied by .34 and that product shall be
subtracted from one thousand seven hundred seventy-five dollars
($1,775). That amount shall be the district's adult education revenue
limit per unit of average daily attendance for the 1994-95 fiscal
year.
(6) Any school district that establishes a new adult education
program and receives a state apportionment for adult education on or
after July 1, 1993, shall have an adult education revenue limit per
unit of average daily attendance that is equal to the statewide
average adult education revenue limit for the 1994-95 fiscal year.
(c) For the 1995-96 fiscal year the adult education revenue limit
per unit of average daily attendance shall be one of the following:
(1) The amount determined in paragraph (1) of subdivision (a).
(2) Two thousand fifty dollars ($2,050) for any district that had
a 1993-94 fiscal year adult education revenue limit per unit of
average daily attendance determined pursuant to paragraph (4) of
subdivision (a).
(3) One thousand seven hundred seventy-five dollars ($1,775) for
any district that had a 1993-94 fiscal year adult education revenue
limit per unit of average daily attendance determined pursuant to
paragraph (5) or paragraph (6) of subdivision (a).
(d) Commencing July 1, 1996, an inflation adjustment shall be
calculated for each district so that over time the adult education
revenue limit per unit of average daily attendance shall be the same
for all districts. A school district's adult education revenue limit
per unit of average daily attendance shall be the district's prior
fiscal year's adult education revenue limit per unit of average daily
attendance increased by a dollar amount calculated as follows:
(1) Determine the dollar amount by multiplying the statewide
average funded adult education revenue limit per unit of average
daily attendance for the prior fiscal year by the inflation
adjustment used to increase revenue limits for unified school
districts pursuant to Section 42238.1.
(2) Determine a factor as follows:
(A) Multiply the highest funded adult education revenue limit per
unit of average daily attendance in the state for the prior fiscal
year by 1.02.
(B) Divide the amount determined in subparagraph (A) by the funded
adult education revenue limit per unit of average daily attendance
of the school district for the prior fiscal year.
(C) If the number determined in subparagraph (B) is greater than
1.10, that result shall be reduced to 1.10. If the number determined
in subparagraph (B) is less than 1.02, that result shall be increased
to 1.02.
(D) Subtract 1.0 from the number determined in subparagraph (C).
(E) Divide the number determined in subparagraph (D) by the
inflation adjustment used to increase revenue limits for a unified
school district pursuant to Section 42238.1.
(3) Multiply the dollar amount determined in paragraph (1) by the
factor determined in paragraph (2).
(4) Add the amount determined in paragraph (3) to the funded adult
revenue limit per unit of average daily attendance of the school
district for the prior fiscal year. In no case shall any revenue
limit per unit of average daily attendance be increased above the
amount calculated in subparagraph (A) of paragraph (2).
The Superintendent of Public Instruction shall reallocate any
amounts calculated for a district in excess of the amount calculated
in subparagraph (A) of paragraph (2) to augment the inflation
adjustments of other districts.
If the amount of funds needed to provide inflation adjustments
calculated pursuant to this subdivision exceeds the amount
appropriated in the annual Budget Act for adult education program
inflation adjustments, the superintendent shall prorate the amounts
calculated pursuant to this subdivision.
(e) When each district's adult education revenue per unit of
average daily attendance is the same, each district, notwithstanding
paragraphs (1) and (2) of subdivision (d), shall receive the same
inflation adjustment calculated pursuant to the inflation adjustment
used to increase revenue limits for unified school districts pursuant
to Section 42238.1.
(f) If there is an average daily attendance audit adjustment for
any of the 1990-91, 1991-92, or 1992-93 fiscal years, for purposes of
calculating the district's adjusted adult education revenue limit
pursuant to this section, the superintendent, with the approval of
the Department of Finance, may waive the average daily attendance
audit adjustment if the superintendent determines that the audit
exception was minor or inadvertent, or both.

52616.17. Commencing July 1, 1993, the Superintendent of Public
Instruction shall determine an authorized limit of adult education
average daily attendance for all high school districts and unified
school districts that operated and claimed adult education state
apportionment for the 1992-93 fiscal year, as follows:
(a) For the 1993-94 fiscal year, the district's authorized adult
education average daily attendance shall be one of the following:
(1) The district's adult education average daily attendance added
to the district's average daily attendance for concurrently enrolled
high school pupils in adult education programs that was certified for
the annual principal apportionment report and for which state
apportionment for the 1991-92 fiscal year was received.
(2) If the district's average daily attendance for concurrently
enrolled high school pupils in adult education used in paragraph (1)
exceeds 10 percent of the district's total average daily attendance
for all pupils in grades 9 to 12, inclusive, for the same reporting
period, the district's authorized adult education average daily
attendance pursuant to paragraph (1) shall be reduced by multiplying
the amount of certified average daily attendance for concurrently
enrolled high school pupils in adult education that exceeds 10
percent by 0.33 and subtracting that amount from the district's
authorized adult education average daily attendance pursuant to
paragraph (1).
(3) For a school district offering adult education courses and
classes pursuant to Section 41976.2, add to the amount calculated
pursuant to paragraphs (1) or (2) the number of units of average
daily attendance claimed by that district for the second principal
apportionment made in the 1991-92 fiscal year for independent study
pupils 21 years of age or older and pupils 19 years of age or older
who have not been continuously enrolled in kindergarten or any of the
grades 1 to 12, inclusive, since their 18th birthday, as calculated
pursuant to Section 46300.1, as that section read on January 1, 1992.
(b) For the 1994-95 fiscal year, the district's authorized adult
education average daily attendance shall be one of the following:
(1) The district's adult education average daily attendance added
to the district's average daily attendance for concurrently enrolled
high school pupils in adult education programs that was certified for
the annual principal apportionment report and for which state
apportionment for the 1991-92 fiscal year was received.
(2) If the district's average daily attendance for concurrently
enrolled high school pupils in adult education used in paragraph (1)
exceeds 10 percent of the district's total average daily attendance
for all pupils in grades 9 to 12, inclusive, for the same reporting
period, the district's authorized adult education average daily
attendance pursuant to paragraph (1) shall be reduced by multiplying
the amount of certified average daily attendance for concurrently
enrolled high school pupils in adult education that exceeds 10
percent by 0.67 and subtracting that amount from the district's
authorized adult education average daily attendance pursuant to
paragraph (1).
(3) For a school district offering adult education courses and
classes pursuant to Section 41976.2, add to the amount calculated
pursuant to paragraphs (1) or (2) the number of units of average
daily attendance claimed by that district for the second principal
apportionment made in the 1991-92 fiscal year for independent study
pupils 21 years of age or older and pupils 19 years of age or older
who have not been continuously enrolled in kindergarten or any of the
grades 1 to 12, inclusive, since their 18th birthday, as calculated
pursuant to Section 46300.1, as that section read on January 1, 1992.
(c) For the 1995-96 fiscal year, the district's authorized adult
education average day attendance shall be one of the following:
(1) The district's adult education average daily attendance added
to the district's average daily attendance for concurrently enrolled
high school pupils in adult education programs that was certified for
the annual principal apportionment report and for which the state
apportionment for the 1991-92 fiscal year was received.
(2) If the district's average daily attendance for concurrently
enrolled high school pupils in adult education used in paragraph (1)
exceeds 10 percent of the district's total average daily attendance
for all pupils in grades 9 to 12, inclusive, for the same reporting
period, the district's authorized adult education average daily
attendance pursuant to paragraph (1) shall be reduced by multiplying
the amount of certified average daily attendance for concurrently
enrolled high school pupils in adult education that exceeds 10
percent by 1.00 and subtracting that amount from the district's
authorized adult education average daily attendance pursuant to
paragraph (1).
(3) For a school district offering adult education courses and
classes pursuant to Section 41976.2, add to the amount calculated
pursuant to paragraph (1) or (2), whichever is applicable, the number
of units of average daily attendance claimed by the district for the
second principal apportionment for the 1991-92 fiscal year for
independent study pupils 21 years of age and older and pupils 19
years of age or older who have not been continuously enrolled in
kindergarten, or any of grades 1 to 12, inclusive, since their 18th
birthday, as calculated pursuant to Section 46300.1, as that section
read on January 1, 1992.
(d) For the 1996-97 fiscal year, and each fiscal year thereafter,
a school district's adult education average daily attendance for
apportionment purposes shall be its authorized adult education
average daily attendance for the prior fiscal year multiplied by
1.025.
(e) Commencing July 1, 1996, a school district shall not certify
for apportionment purposes, that portion of any average daily
attendance in adult education programs generated by pupils who are
concurrently enrolled for apportionment purposes in high school that
exceeds 10 percent of the district's average daily attendance for all
pupils in grades 9 to 12, inclusive, for the same reporting period.
(f) It is the intent of the Legislature that, commencing July 1,
1993, each school district that conducted programs in the 1991-92
fiscal year through independent study for pupils 21 years of age or
older and pupils 19 years of age or older who have not been
continuously enrolled in kindergarten or any of grades 1 to 12,
inclusive, since their 18th birthday, as calculated pursuant to
Section 46300.1, as that section read on January 1, 1992, continue to
serve at least the same number of units of average daily attendance
through adult education for high school diploma programs in all
subsequent years as were funded through those independent study
programs in the 1991-92 fiscal year, unless the school district
governing board determines that meeting this service requirement
would incur costs in excess of the revenue received.

52616.18. (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 district meets the following criteria:
(1) The district did not operate nor claim state apportionment for
an adult education program in the prior fiscal year.
(2) The district enters into a written delineation of function
agreement pursuant to Chapter 3 (commencing with Section 8500) of
Part 6 for the fiscal year for which initial funding is authorized
between the applicant school district and the community college
district in the same geographical area.
(b) The Superintendent of Public Instruction may approve the
program and state apportionment 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 district is required to document.
(c) A school district that receives state funding under this
section shall ensure that priority for program service is given to
persons applying for the district's adult education programs
authorized by paragraphs (2), (3), and (4) of subdivision (a) of
Section 41976.
(d) A school district that maintains a current delineation of
function agreement with a community college district pursuant to
Chapter 3 (commencing with Section 8500) of Part 6 are authorized to
divide the responsibility for offering courses pursuant to Section
41976 by mutual agreement of the boards of those districts.
(e) This section shall be operative to the extent that the
superintendent determines that funds are available pursuant to
Section 52616.19 to implement the section on or after July 1, of each
fiscal year.

52616.19. (a) Commencing with the 1993-94 fiscal year, and each
fiscal year thereafter, the only funding available for purposes of
Sections 52616, 52616.16, 52616.17, and 52616.18 shall be the
following:
(1) Funds that would have been apportioned for purposes of Section
52616, as that section read on June 30, 1993.
(2) Funds that would have been apportioned for purposes of
concurrently enrolled average daily attendance pursuant to Section
42238.5, as that section read on June 30, 1993.
(3) Funds that would have been available for purposes of adult
elementary and secondary independent study average daily attendance
pursuant to Section 46300.1, as that section read on June 30, 1993.
(b) In the 1993-94 fiscal year, up to four million two hundred
fifty thousand dollars ($4,250,000) shall be available for the start
up of new adult education programs pursuant to Section 52616.18. In
the 1994-95 fiscal year, up to eight million five hundred thousand
dollars ($8,500,000) shall be available for the startup of new adult
education programs and the continuation of programs started and
funded in the 1993-94 fiscal year. Four million two hundred fifty
thousand dollars ($4,250,000) of that amount shall only be available
for new adult education programs if there is no deficit applied
pursuant to subdivision (c). It is the intent of the Legislature
that, commencing in the 1995-96 fiscal year, those adult education
programs started and funded in the 1993-94 and 1994-95 fiscal years
shall continue to be funded.
(c) If the funds available pursuant to subdivision (a) are not
sufficient to fully fund Sections 52616, 52616.16, 52616.17, and
52616.18, the Superintendent of Public Instruction shall reduce the
adult education apportionment for each district that received funding
pursuant to Section 52616.16.
(d) If the funds available pursuant to subdivision (a) exceed the
amount needed to fund the purposes specified in Sections 52616,
52616.16, 52616.17, 52616.18, and 52617, the Superintendent shall
allocate those excess funds on a one-time basis to a school district
operating adult education programs that have exceeded its number of
units of authorized adult education average daily attendance in
proportion to the excess units of average daily attendance served by
each school district for that fiscal year. The Superintendent may not
allocate an amount of funds to a school district pursuant to this
subdivision that exceeds the total number of units of authorized
adult education average daily attendance served by the school
district multiplied by the appropriate funding rate per unit of
average daily attendance.

52616.20. For purposes of calculating a school district's
authorized adult education average daily attendance pursuant to
Section 52616.17, average daily attendance for concurrently enrolled
high school pupils in adult education programs for districts that
currently are party to an adult education joint powers agreement
established prior to January 1, 1963, shall be based upon the
aggregate average daily attendance of all participating districts'
pupils in grades 9 to 12, inclusive. Notwithstanding this section,
the average daily attendance for concurrently enrolled high school
pupils in the Covina-Valley Unified School District, operated by the
Tri-Community Adult Education joint powers authority, shall not
exceed the average daily attendance for concurrently enrolled high
school pupils in the Covina-Valley Unified School District for the
1992-93 fiscal year.

52616.21. Notwithstanding subdivision (a) of Section 46300 or any
other law, a county office of education may administer an adult
education program and each eligible school district, as specified in
subdivision (e), within its jurisdiction may participate in the
program. A county office of education administering that adult
education program may report the average daily attendance of each
school district participating in the adult education program for the
purpose of receiving apportionments pursuant to Sections 52616.18 and
52616.19. The Superintendent of Public Instruction shall make
apportionments pursuant to those sections to a county office of
education administering that adult education program provided the
following conditions are met:
(a) The county office of education has a current, valid, written
mutual delineation agreement with the local community college located
in the geographic area in which the adult education program is
offered.
(b) The attendance of students reported is attendance while
engaged in educational activities required of those students under
the immediate supervision and control of a certificated employee of a
school district that is under the jurisdiction of the county office
of education.
(c) The county office of education serves an area of large
geographic expanse that is sparsely populated and geographically
isolated, as determined by the Superintendent of Public Instruction.
(d) The average daily attendance reported is only for those school
districts that have agreed to participate in the county-administered
adult education program.
(e) At least 5 percent of the average daily attendance reported by
the school districts served by the county office of education is
attributable to the school districts participating in the
county-administered adult education program for the purposes of
apportionments pursuant to Sections 52616.18 and 52616.19.

52616.24. In the event that a school district is found, pursuant to
an audit, to have incorrectly reported adult education or
concurrently enrolled average daily attendance to the State
Department of Education, the Superintendent of Public Instruction
shall recalculate the average daily attendance for purposes of
determining the adult block entitlement pursuant to Section 52616.

52617. (a) (1) Commencing in the 2006-07 fiscal year, and in each
fiscal year thereafter, the Superintendent shall, after making
adjustments pursuant to subdivision (d) of Section 52616.17, and
based on data reported to the department by local educational
agencies on or before July 15 of each fiscal year, adjust the
allocation of apportionments for adult education average daily
attendance as follows:
(A) For a school district operating an adult education program
with fewer than 100 units of authorized adult education average daily
attendance, as determined pursuant to Section 52616.17, in the two
prior fiscal years, and which served or exceeded its adult education
average daily attendance authorized limit in the two prior fiscal
years, the Superintendent shall grant to the school district up to 30
additional units of authorized adult education average daily
attendance made available after he or she performs the adjustments
pursuant to subparagraph (C) upon the request of the district. A
school district that receives additional units may not exceed 100
total units. If available units are insufficient to provide for this
adjustment, the school district shall receive a prorated amount,
relative to the units of authorized adult education average daily
attendance of the school district.
(B) For a school district operating an adult education program
with 100 or more units of authorized adult education average daily
attendance, as determined pursuant to Section 52616.17, in the two
prior fiscal years, and which served or exceeded its units of
authorized adult education average daily attendance for the school
district in the two prior fiscal years, the school district shall
receive a prorated amount of units available, as specified in
paragraph (2), after the Superintendent performs the adjustment
required by subparagraphs (A) and (C), relative to the adult
education average daily attendance authorized limit of the school
district.
(C) For a school district operating an adult education program
that failed to serve its units of authorized adult education average
daily attendance for the school district in the two prior fiscal
years, the units of authorized adult education average daily
attendance of the school district shall be reduced by an amount equal
to one-half of the lowest level of unearned adult education average
daily attendance in either of the two prior fiscal years. The
Superintendent shall notify a school district that its units of
authorized adult education average daily attendance for the school
district are reduced pursuant to this paragraph.
(2) The Superintendent may not perform adjustments pursuant to
paragraph (1) that result in a total statewide apportionment of units
of authorized adult education average daily attendance that exceeds
the amount funded in the annual Budget Act.
(3) (A) A school district that receives additional units of
authorized adult education average daily attendance pursuant to
paragraph (1) shall provide a number of career technical education
courses that is equal to the percentage of average daily attendance
of adults attending those courses in the prior three fiscal years
without regard to units of authorized adult education average daily
attendance added pursuant to paragraph (1).
(B) A school district shall use funds derived from an adjustment
performed pursuant to paragraph (1) for the purpose of providing
access to, or direct instruction in, career technical education
courses.
(C) "Career technical education courses" means those included
within the career and technical education curriculum framework
developed pursuant to Section 51226.1.
(b) (1) The following school districts are not eligible for an
increase in the additional units of authorized adult education
average daily attendance, as specified in Section 52616.17, or for
additional units of authorized adult education average daily
attendance pursuant to subdivision (a), for the 2005-06 fiscal year:
(A) Alhambra Unified School District.
(B) Azusa Unified School District.
(C) Banning Unified School District.
(D) East Side Union High School District.
(E) El Monte Union High School District.
(F) Grant Joint Union High School District.
(G) Madera Unified School District.
(H) Montebello Unified School District.
(I) Perris Union High School District.
(J) Santa Maria Joint Union High School District.
(K) Ventura Unified School District.
(2) The following school districts are not eligible for an
increase in the additional units of authorized adult education
average daily attendance, as specified in Section 52616.17, or for
additional units of authorized adult education average daily
attendance pursuant to subdivision (a), for the 2005-06 and 2006-07
fiscal years:
(A) Amador County Unified School District.
(B) Dublin Unified School District.
(C) Manteca Unified School District.
(D) Martinez Unified School District.
(E) Novato Unified School District.
(F) Oakdale Joint Unified School District.
(G) Pittsburg Unified School District.
(H) Salinas Union High School District.
(I) Baldwin Park Unified School District.
(3) (A) Notwithstanding paragraph (1) or (2), for the 2005-06 and
2006-07 fiscal years, a school district specified by paragraph (1) or
(2) is eligible for an increase in the units of authorized adult
education average daily attendance equal to one-half of one percent
of the units of authorized adult education average daily attendance
of the school district for the sole purpose of the creation of new
average daily attendance within a new or existing nursing preparation
program.
(B) A school district that receives an increase pursuant to
subparagraph (A) shall maintain at least the amount of nursing
preparation average daily attendance that is equal to the average
daily attendance generated by the school district in nursing
preparation programs for the prior three fiscal years to be eligible
for the increase specified in subparagraph (A).
(4) It is the intent of the Legislature that this subdivision
resolves disputed claims for adult education average daily attendance
made for the 1990-91 and 1991-92 fiscal years.