LA Superior Court Judge Rules in favor of LA Unified re DACE

On July 7, 2020, a Los Angeles Superior Court Judge made its Tenative Ruling final, finding that the California Adult Education Program (“CAEP”) is a categorically funded program.  Consequently, service pursuant to California Education Code § 44909 shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee (unless certain subsequent requirements, not applicable in this instance, are met).

The Court listed five (5) reasons that compels the conclusion that CAEP is a categorical program with categorical funds and services conducted under section 44909.  The reasons included that 1) membership in the Consortium is permissive and not state mandated; 2) CAEP funds are not part of the District’s base revenue limit; 3) CAEP restrict usage of the funds to the program which is not art of the District’s K-12 curriculum and 4) funding for adult education in the state always has been categorical.