Cal. Education Code § 52616.18

(a) Commencing July 1, of each fiscal year, notwithstanding that a school district was not authorized to operate an adult education program pursuant to Section 41976, a school district may apply to the department for initial program approval and funding to begin any adult education programs specified in Section 41976 provided the school district meets both of the following criteria: (1) The school district did not operate nor claim state apportionment for an adult education program in the prior fiscal year. (2) The school district has participated in the appropriate local adult education consortium, approved pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, and the applicable adult education plan approved pursuant to that article for adult education activities and services. (b) The Superintendent may approve the program funding on the basis of the school district’s documented need for adult education programs. The Superintendent shall issue a program advisory that sets forth the criteria of need that a school district is required to document.