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Management Bulletin 05-01

Informs districts with adult education programs regarding the implementation of AB 23 that became Chapter 502, Statutes of 2005, on October 4, 2005.

Secondary, Postsecondary, and Adult Leadership Division

To: Adult Education Programs Funded by State Apportionment Number: 05-01
Subject: Implementation of Assembly Bill 23 Date: November 30, 2005
Authority: Assembly Bill 23 (Chapter 502/2005)
Purpose

This is to inform districts with adult education programs regarding the implementation of Assembly Bill (AB) 23 that became Chapter 502, Statutes of 2005, on October 4, 2005.

Background

On October 4, 2005, the Governor signed AB 23 into law (Chapter 502, Statutes of 2005), as an urgency statute. The bill amends Education Code (EC) Section 52616.19, adds Section 52617, and repeals Section 52616.23, relating to the adult education state apportionment funding and units of authorized average daily attendance (a.d.a.). This chaptered bill resolves the long-standing disputed claims for adult education a.d.a. from 1990-91 and 1991-92, allows for the redistribution of prior year adult education funds if an excess exists, and adjusts unused authorized limits of a.d.a. units, commonly referred to as “a.d.a. cap.”

Statutory Requirement

AB 23 is an urgency statute that became effective October 4, 2005. It makes the following changes to adult education funding:

Specified school districts ineligible for growth or additional units of adult education authorized average daily attendance

Effective immediately, per the new EC 52617, specified school districts operating adult education programs are ineligible for a.d.a. growth or additional units of a.d.a. for one year while other specified school districts are ineligible for two years. However, these districts are eligible for a 0.5 percent growth during this period if the district uses the new units of authorized adult education a.d.a. solely to create new a.d.a. within a new or existing nursing preparation program. The specified school districts are as follows:

  1. Ineligible for a.d.a. growth or additional units of a.d.a. for the 2005-06 fiscal year:

    1. Alhambra Unified School District
    2. Azusa Unified School District
    3. Banning Unified School District
    4. East Side Union High School District
    5. El Monte Union High School District
    6. Grant Joint Union High School District
    7. Madera Unified School District
    8. Montebello Unified School District
    9. Perris Union High School District
    10. Santa Maria Joint Union High School District
    11. Ventura Unified School District

  2. Ineligible for a.d.a. growth or additional units of a.d.a. for 2005-06 and 2006-07 fiscal years:

    1. Amador County Unified School District
    2. Dublin Unified School District
    3. Manteca Unified School District
    4. Martinez Unified School District
    5. Novato Unified School District
    6. Oakdale Joint Unified School District
    7. Pittsburg Unified School District
    8. Salinas Union High School District
    9. Baldwin Park Unified School District

In October 2005, the California Department of Education (CDE) sent a letter and form to these specified districts requesting information about the status of their nursing preparation programs to determine eligibility for the 0.5 percent growth in a.d.a.

Distribution of Excess Adult Education Funds From Prior Years

Effective October 4, 2005, and as amended in EC Section 52616.19, if unused adult education funds are available from a prior year, the State Superintendent of Public Instruction shall distribute the funds to school districts operating adult education programs that exceeded their authorized a.d.a. cap for that year, in proportion to the excess units of a.d.a. earned by each school district. This means in February 2006, during the a.d.a. certification/recertification process, the CDE will begin to redistribute excess funds available from fiscal year 2003-04 to districts that earned a.d.a. above their authorized caps in 2003-04 and excess funds available from fiscal year 2004-05 to districts that earned a.d.a. above their authorized caps in 2004-05. Districts that did not earn or claim a.d.a. above their authorized caps will not be considered in the redistribution of these funds. Please note that in the certification/recertification process, funding adjustments normally occur until the accounts are finalized and the books are closed for a particular fiscal year.

Adjustments to Authorized Units of Adult Education Average Daily Attendance

Beginning in 2006-07 per EC 52617, using the annual earned a.d.a. reported to the CDE in July of each year, and after the CDE calculates the a.d.a. growth for all eligible school districts, the CDE will make adjustments to school districts’ authorized adult education a.d.a. cap as follows:

  1. Districts that earn less than their adult education a.d.a. cap in the prior two years will have their cap reduced by one-half of the lowest level of unearned authorized adult education a.d.a. for those two years. For example, if a district is below cap by 30 authorized adult education a.d.a. in 2004-05 and below cap by 100 authorized adult education a.d.a. in 2005-06, the district would lose 15 authorized adult education a.d.a. from its 2006-07 cap.

  2. The authorized adult education a.d.a. available from the adjustments made to those districts that did not reach their cap in the prior two years will be redistributed to districts with the following priority and requirements:

    1. Any district with fewer than 100 a.d.a. cap that has met or exceeded cap in the prior two years would receive, upon request, up to an additional 30 authorized adult education a.d.a., until a cap of 100 is reached.
    2. Any district with an a.d.a. cap of 100 or more that has met or exceeded cap in the prior two years would receive a prorated amount of the authorized adult education a.d.a. available.
    3. Districts receiving additional units of a.d.a. through these adjustments must maintain their levels of a.d.a. in career technical education (CTE) courses equal to their historical percentages from the prior three years.
    4. Districts must use funds derived from these a.d.a. adjustments for the purpose of providing access to, or direct instruction in, CTE courses.
    5. The adjustments to districts’ a.d.a. cap will be included in the P1 apportionment letter sent to the county offices of education in February of each year and posted on the CDE Web site.

For additional information or clarification regarding this Management Bulletin, adult education program administrators are advised to contact their assigned regional consultant in the CDE Adult Education Office at 916-322-2175.

This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to EC Section 3308.5.

Questions:   Adult Education Office | 916-322-2175
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