CAEP
CFAD

Produced: May 3, 2024, 06:01 PM UTC - By Greg Camacho-Light

18 Gavilan Regional Adult Career and Education Services
CONSORTIUM APPROVED

2024-25

Fiscal Declaration - Consortium Approved

Consortium Name
18 Gavilan Regional Adult Career and Education Services
Funding Channel
Fiscal Agent
Fiscal Agent
Gavilan Joint CCD
Narrative
Consortium members planned allocations are consistent with the annual adult education plan as they address student educational needs, improve integration and improve effectiveness of services. Members are working to coordinate efforts of site specific counselors to increase integration, are addressing outcome data on a regular baisis and are meeting needs of students by increasing course offering. Allocations planned by members include the following: Gavilan College: Continued support of ESL instruction with support from peer mentors and a dedicated counselor; and the development of a flex center (capital outlay) where ESL instruction and CASAS assessments can take place. In addition, assessment staff and part-time consortium director salaries and classroom materials are included in planned allocations. Gilroy: Continued support of high school diploma and HiSET/GED. Instructors and part-time counselor salaries are supported through the allocation. As this program continues to grow, consortium members have passed funding to this member to cover costs associated with growing student need. Morgan Hill: Continued support of ESL, basic education, high school diploma and HiSET. Allocations support a full-time principal, coordinator, part-time counselor, instructors and front desk staff as well as capital outlay expenditures to update classroom furniture and classroom materials. San Benito: Continue support and capacity building of HiSET program. Allocation supports instructor hours and covers costs associated with adult education conferences. Further, this member supports the welding course offered in their area by Gavilan college as it provides funding for equipment and materials.
Changes
No Changes

Member Allocations

Member Name (2024-25) (2023-24) (2022-23)
Gavilan Joint CCD $695,045 $689,231 $625,324
Gilroy Unified $338,614 $335,778 $310,042
Morgan Hill Unified $623,758 $618,538 $569,762
San Benito High $124,751 $123,707 $110,385
Total Allocated to Members $1,782,168 $1,767,254 $1,615,513
Total CAEP Funds $1,782,168 $1,768,726 $1,634,379
Total Remaining $0 $1,472 $18,866

Carryover Threshold

Input a percentage of carryover that your consortium agrees will be considered an excessive amount.

Should a member, or members, exceed this carryover percentage upon certification of their Q4 report, they will be flagged as non-compliant with the carryover legislation (EC 84914). One year of non-compliance does not carry a penalty. However, should the same member, or members, have two consecutive years of non-compliance the consortium may agree, by majority vote, to reallocate an amount that does not exceed the carryover to other members.

A consortium does have the ability to opt-out. To do so, simply toggle the carryover threshold button to the off position.

20%

Corrective Action Fiscal Reporting Quarterly Thresholds

If member carryover is over the threshold set below, a corrective action narrative will be required to complete.

Q1 Q2 Q3 Q4
% of Carryover Threshold

20%

20%

20%

20%

Consortia Report on Governance Compliance of Rules and Procedures v.2

1. Have all community college districts, school districts, county offices of education, or any joint powers authority, located within the boundaries of the adult education region been allowed to join the consortium as a member?

Yes

2. Have all members committed to reporting any funds available to that member for the purposes of education and workforce services for adults and the uses of those funds?

Yes

Members will adhere to NOVA fiscal reporting on a quarterly basis and funds will be reviewed by the part-time director to ensure they align with three-year and one-year plan allocation. Funds are also presented to the consortium as a whole to review prior to their quarterly submission.

As outlined in our bylaws, each member has one voting right although more than one staff member can participate in the meetings. One member, one vote. Members identify the staff who will be the designated voting members for their organization. When a designated voting member is unable to attend a meeting, alternative staff member can be a voting designated member so long as this information is communicated prior to the monthly board meeting. This is stated in our bylaws: 


During regular monthly meetings we ensure there is a quorum present before voting on any item. Members are provided with as much information as possible prior to our meetings and before any vote, members are provided with an opportunity to ask questions and discuss the topic.  If members require additional information or time to discuss the item, the item will be brought back to the next board meeting and or discussed further during work group meetings which occur once a month prior to the next monthly meeting. Decisions are made once the majority of members feel they have the information they need to make a decision. While in most instance decisions are made with all members, the bylaws indicate that for voting purposes it requires a 50% plus one vote to pass. Furter, our bylaws state the following:

  1. Membership and Decision-Making

Below are assurances Member Representatives make regarding Membership and Decision-Making:

  • I certify that any community college district, school district, or county office of education, or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these, located within the boundaries of the adult education region shall be permitted to join the consortium as a member (EC 84905 (a)(b).

  • I certify that only members as described above (and in EC 84905) are allowed to join my consortium as members and participate in decision making and approvals whether in a public meeting, or via the NOVA planning, budgeting & expense reporting system.

  • I certify that as a condition of joining a consortium, as a member, I shall commit to reporting any funds (as described in EC 84916) available to that member for the purposes of education and workforce services for adults and the uses of those funds through the annual Program Area exercise in NOVA for reporting leveraged funds, and instructional hours.

  • I certify that as a member of the consortium my district shall be represented only by an official designated by the governing board of the member (EC 84905 (c)).

  • I certify that as a member of the consortium, I shall participate in any decision made by the consortium (EC 84905 (d)(1)(A)).

  • I certify that all decisions made by the consortium and its members are final (EC 84905 (d)(1)(F)).

  • I certify that I will adhere to the consortium rules and procedures and, as agreed upon by the consortium members, to any additional by-laws, charters, etc.


6. What will be the relative voting power of each member?

1 member = 1 vote

7. How will decisions be approved?

by majority vote of 51%

During summer and fall of 2023, consortium members deliberated on the best decision-making model. Members presented various options and discussed them until ther was a mojority consensu. It took about six months to come to a decision and is inlcuded in the bylaws.

Our bylaws state the following: 

Section 1: Board Meetings 

All Graces Regional ACES Board meetings will occur once a month and will be open to the public. The Board may decide to meet less than once a month, if it deems Board responsibilities can be met accordingly. The Board will develop a 12-month calendar of Board meetings that will contain location, dates, and times of all meetings. This calendar will be posted on the Graces Regional ACES website. Notification of individual board meetings will be posted on the Graces Regional ACES website and at the hosting Member institution at least 72 hours in advance of the meeting.

At the first Board meeting, and at every meeting one year after the first Board meeting, the Board will elect the roles (see section above about roles).

The Board is responsible for providing the meeting Agenda 72 hours in advance of the meeting. While the Facilitatoris responsible for determining the Agenda with Member input, the Facilitator can employ Staff to complete the physical production and website posting of the agenda.

At Board meetings, the Board will receive reports on the activities of the consortium Members in relation to the plan from Staff and Members. Opportunities will be provided for public input.

As noted above, we provide at 72 hours notice of hours meeting via our website and by posting the agenda and meeting location in public boards at the location where the montly meeting is held (either Gavilan College or Morgan Hill Unified School District). Any commnet recieved is reviewed during the board meeting. Our bylaws state the following:

Section 1: Board Meetings 

All Graces Regional ACES Board meetings will occur once a month and will be open to the public. The Board may decide to meet less than once a month, if it deems Board responsibilities can be met accordingly. The Board will develop a 12-month calendar of Board meetings that will contain location, dates, and times of all meetings. This calendar will be posted on the Graces Regional ACES website. Notification of individual board meetings will be posted on the Graces Regional ACES website and at the hosting Member institution at least 72 hours in advance of the meeting.

At the first Board meeting, and at every meeting one year after the first Board meeting, the Board will elect the roles (see section above about roles).

The Board is responsible for providing the meeting Agenda 72 hours in advance of the meeting. While the Facilitatoris responsible for determining the Agenda with Member input, the Facilitator can employ Staff to complete the physical production and website posting of the agenda.

At Board meetings, the Board will receive reports on the activities of the consortium Members in relation to the plan from Staff and Members. Opportunities will be provided for public input.

Section 2: Notice of meetings

At least 72 hours prior to a public board meeting, the agenda will be posted at the hosting Member’s main office and on the consortium web site in a location easily accessible by the public.

When comments are made by the public, these comments will be enterd into the meeting notes for that meeting and posted on the consortium website. 

The consortium has been working to develop greater realtionships with local agencies and entities. We invited the local workforce develelopment board (Work 2 Future) to present in fall 2023. We are making further connections with local entities and encourage their participation in CAEP board meeetings. Our bylawys indcate the following:

Section 3: Gavilan Regional ACES Partners

The Gavilan Regional ACES Members have the right to engage agencies and institutions that share the Gavilan Regional ACES Purpose and Principles to participate in the consortium as non-voting Members. These agencies (herein referred to as “Partners”) are encouraged to assist Gavilan Regional ACES Members to achieve their consortium Purpose.

The consortium follows CAEP guideliness in ensuring member recive the same allocation as in prior year. Budgets must align with the 3 year plan that address the seven program areas.  The MOU set by the fiscal agent and member agencies stipulates they will recieve funding on a monthly basis once the MOU is signed.  Further, our bylaws stipulate the following:

Section 1: Annual Allocation of CAEP Funds and its Distribution to Gavilan Regional ACES Members

As stated in Article I, Section 3, Clause iii, Gavilan Regional ACES Members will work together, ethically and fairly, to allocate financial resources and achieve efficiency in meeting the needs of Gavilan Regional ACES students and achieving its Purpose.

The Gavilan Regional ACES understands that it will receive an annual consortium-wide allocation of state CAEP funds. Gavilan Regional ACES recognizes that distribution of these funds to consortium Members is guided by Local Control Funding principles and that the Members collectively collaborate to distribute these consortium-wide CAEP funds such that Members have adequate funding to work individually and achieve the consortium Purpose.

The Gavilan Regional ACES Board (as defined in Article III) will be the body that collectively determines individual Member Allocation of CAEP funds (herein referred to as “Allocation”). Individual Member Administration must recognize Allocations are determined collectively and collaboratively guided by Local Control Funding principles to achieve the CCAEC purpose and must minimize influence and interference upon Board determination of Member Allocation. The Gavilan Regional ACES Members commit to determining Member Allocation in a transparent manner using reasonable data such as student enrollment and performance.

The Board will determine final CAEP Allocation publicly at a Gavilan Regional ACES Board meeting (as described in Article VI, Section 1) the month before the CAEP Consortium Fiscal Agent Declaration (herein “CFAD”) is due to the state (April of each year)

14. Has the consortium A) designated a member to serve as the fund administrator to receive and distribute funds from the program or B) chosen to have a funds flow directly to the member districts based upon the approved distribution schedule?

A) designated a member to serve as the fund administrator to receive and distribute funds from the program

Below is what is stated in our bylaws: 


It is 20%.

  1. Protocols for Ineffective Member meeting 20% or more carryover. 

    1. In the first year of excessive carryover, the Member must provide a detailed plan by July (the 12th month of initial funding) as to how the carryover will be spent and the Board must approve the plan. This is considered Intervention Year 1. The member will meet monthly or as otherwise determined with the director of the consortium to review progress towards the plan and provide technical assistance and resources. The Member must make a good faith effort to implement the plan. 

    2. If the Member is unable to spend the funds according to the plan and timeline by the second year, specifically 18 months or 1 year and 6 months after initial funding, the Member will develop and present a new plan to the consortium for approval. The member will meet bi-monthly with the consortium director to review progress and provide technical assistance and resources.

    3. If by the 22nd month (May), the member is unable to guarantee funding will be spent by demonstrating purchase orders or encumbered expenses, the board will vote to re-allocate funding that has not been spent using a process to be determined by the board. 

    4. Unspent funding will be reallocated to members who do not have carryover funding by November 15th. Any funds not reallocated to a specific member will be provided to the fiscal agent (Gavilan College).

ARTICLE IV – MEMBER EFFECTIVENESS AND MEMBER REMOVAL

Section 1: Definition of Member Effectiveness

Member Effectiveness is primarily defined as a Member’s ability to consistently meet the Assurances outlined above in Article III, Section 3. A Member is deemed “ineffective” if the Member consistently fails to meet CAEP Assurances per this Section and reasonable interventions to improve Member Effectiveness have not resulted in improvements. The most critical of the above assurances are:

Program Area Reporting of leveraged funds and instructional hours (this certification is due annually on 12/1)

Quarterly expenditure reporting (Q1, Q2 (includes close out), Q3, & Q4)

Plan Certification – 3-year plan, annual plan, and member work plan

CFAD and Governance Certification (currently due May 2nd)

Quarterly student data reporting into TOPSPro Enterprise (Q1, Q2, Q3, & Q4)

In addition to timely reporting in regard to the above reporting deadlines, Member Effectiveness will be measured by carryover amounts.

By the 2022-23 Program Year, carryover amounts greater than 20% of a Member’s total allocation for two consecutive years indicates a member is ineffective.


We copied and pasted what is in our bylaws in question number 18 and a link our bylaws is in question 20.1. 

20. Does the consortium have a formal document detailing its work beyond the questionnaire?

Yes

Gavilan Regional ACES drafted and approved Bylaw in 2023. Link to the document is: https://docs.google.com/document/d/1J-DOogXLTVDOgPGR3IoGcAUAo_f4Um4C/edit?usp=sharing&ouid=116650776564384616714&rtpof=true&sd=true

Member Agencies

Member AgencyMember TypeContactPhone
Gavilan Joint CCDDistrictSusan Sweeney(408) 848-4757
Gilroy UnifiedUnified School DistrictGreg Camacho-Light(669) 205-5291
Morgan Hill UnifiedUnified School DistrictMs. Corina Sapien(408) 201-6000 ext: 51076
San Benito HighHigh School DistrictClaire Grissom(831) 637-5831 ext: 166

Certification & Assurances

By clicking "Approve" on the approval cards below, you are certifying the CFAD as well as confirming that you and ALL consortium members agree to the Assurances listed below.

Assurances

Membership & Decision-Making
  • I certify that any community college district, school district, or county office of education, or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these, located within the boundaries of the adult education region shall be permitted to join the consortium as a member (EC 84905 (a)(b). (See Membership Box above).
  • I certify that only members as described above (and in EC 84905) are allowed to join my consortium as members and participate in decision making and approvals whether in a public meeting, or via the NOVA planning, budgeting & expense reporting system.
  • I certify that as a condition of joining a consortium, as a member, I shall commit to reporting any funds (as described in EC 84916) available to that member for the purposes of education and workforce services for adults and the uses of those funds through the annual Program Area exercise in NOVA for reporting leveraged funds, and instructional hours.
  • I certify that as a member of the consortium my district shall be represented only by an official designated by the governing board of the member (EC 84905 (c)).
  • I certify that as a member of the consortium, I shall participate in any decision made by the consortium (EC 84905 (d)(1)(A)).
  • I certify that all decision made by the consortium and its members is final (EC 84905 (d)(1)(F)).
  • I certify that I will adhere to the consortium rules and procedures and, as agreed upon by the consortium members, to any additional by-laws, charters, etc.
Public Meetings
  • I certify that a proposed decision is considered at an open, properly noticed public meeting of the consortium at which members of the public may comment (EC 84905 (d)(1)(B)).
  • I certify that the consortium has provided the public with adequate notice of a proposed decision and considered any comments submitted by members of the public, and any comments submitted by members of the public have been distributed publicly (EC 84905 (d)(1)(C)).
  • I certify that the consortium has requested comments regarding a proposed decision from other entities located in the adult education region that provide education and workforce services for adults (EC 84905 (d)(1)(D)(i)).
  • I certify that the consortium has requested comments regarding a proposed decision from other entities located in the adult education region that provide education and workforce services for adults (EC 84905 (d)(1)(D)(i)).
  • I certify that the consortium has considered input provided by pupils, teachers employed by local educational agencies, community college faculty, principals, administrators, classified staff, and the local bargaining units of the school districts and community college districts before it makes a decision (EC 84905 (d)(1)(E)).
  • I certify that in addition to the meeting requirements listed in EC 84905, and as agreed upon by the consortium members, that I will follow the public meeting requirements listed in the Ralph M. Brown Act as the Brown Act applies to the governing body of any “local body created by state or federal statute.” (Ed. Code, section 54952.)
Reporting Requirements
  • I certify that I will participate in completing and updating any consortium long range and/or short range planning efforts and/or budget work plans (EC 84906, 84914(a)).
  • I certify that all CAEP expenses have been expended in the CAEP seven program areas, and services provided are consistent with the 3-year plan, the annual plan, and my district’s work plan & budget as submitted in NOVA (EC 84913 (1-7), 84906, 8914(a)).
  • I certify that my expenditures of CAEP funds match the objectives/activities included in the annual plan and the member work plan (EC 84906, 84914(a)).
  • I certify that my expenditures of CAEP funds adhere to the allowable uses of funds as identified in the CAEP Fiscal Management Guide.
  • I certify that I will report student level enrollment data and outcomes as prescribed by the State CAEP Office (EC 84920).
  • I certify that I will share financial expenditure and progress reports with the members of my regional consortium.
  • I certify that I understand that as a member if I do not meet any of these items I have certified, I will be deemed an ineffective member which may result in a loss or reduction of CAEP funding (EC 84914(b)).
  • I certify that all CAEP expenses have been expended only for the education of persons 18 years of age or older (EC 84901(a)).

Gavilan Joint CCD - Member Representative

Approved by Rosio Pedroso

05/02/2024 04:24 PM PDT

Gilroy Unified - Member Representative

Approved by Greg Camacho-Light

05/03/2024 11:01 AM PDT

Morgan Hill Unified - Member Representative

  • Director of Family & Community Engagement
  • sapienc@mhusd.org
  • (408) 201-6000 ext: 51076
Approved by Ms. Corina Sapien

05/02/2024 03:46 PM PDT

San Benito High - Member Representative

Approved by Claire Grissom

05/02/2024 03:49 PM PDT