Question: What are the legalities of justifying the money we can transfer from Adult Basic Education (ABE) to General Fund? How can we maximize?

Response: Education code section 52501.5 (a) specifically states that no revenue derived from adult ed average daily attendance shall be expended for other than adult ed purposes. Nor shall revenue derived from other ADA be expended for adult ed. The exception as identified in paragraph (b) is when the adult revenue limit is composed of ADA from both a regional occupational center or program and an adult ed program. In that case the revenue maybe allocated in a proportionate manner.

Expenditure guidelines are clearly defined in Education Code section 52616.4 (a). Please refer to this section as it is somewhat lengthy. 52616.4 (b) states that if the Department of Education or Department of Finance determine that revenues were improperly transferred, the penalty shall be double the amount and shall be transferred back to the Adult Education fund.

The Legislature has clearly defined the level of accountability that school districts must adhere to and maintain.