Management Bulletin AEFLA 2018-01

Career and College Transition Division

Subject: Workforce Innovation and Opportunity Act, Title II, Adult Education and Family Literacy Act Grant Funding

Date: July 23, 2018

Authority:

Purpose

This Management Bulletin provides guidance regarding program fees to Workforce Innovation and Opportunity Act (WIOA), Title II: Adult Education Family Literacy Act (AEFLA) grantees.

Federal Grant Requirements

“Program income” means gross income earned by the non-federal entity that is directly generated by a supported activity or earned as a result of the federal award during the period of performance, and includes but is not limited to fees for services performed. 2 Code of Federal Regulations, Section 200.80.

The WIOA, Title II: AEFLA states that when a state implements a rule or policy related to the administration or operation of a program authorized under the statute that has the effect of imposing a requirement not imposed under federal law, the state must identify the rule or policy to eligible providers as being state-imposed. 29 United States Code, Section 3303(c).

California Statutory Requirement

Based on California Education Code (EC) 52612(a), the Adult Education Office (AEO) has determined that program fees are prohibited for all adult learners without a high school diploma or its equivalent when taking classes for which high school credit is granted. Specifically, EC Section 52612(a) provides in relevant part: ". . . A fee charge shall not be made for a class designated by the governing board as a class for which high school credit is granted when the class is taken by a person who does not hold a high school diploma . . . ". Additionally, EC Section 52612(a) provides that no fees shall be charged for classes in English and citizenship or elementary subjects (except that certain nonimmigrant foreign nationals shall be charged a fee for such classes, as provided in EC Section 52613).

Because WIOA, Title II: AEFLA itself does not specifically prohibit charging such fees, the AEO in this Bulletin identifies the prohibitions stated above as state-imposed.

Fees may be charged for Career Technical Education courses.

If you have any questions regarding this subject, please contact your assigned Regional Consultant at the California Department of Education in the AEO, Career and College Transition Division, by phone at 916-322-2175.