F. Intake and 16-Year-Old Learners

The purpose of this section is to ensure programs have a clear understanding about when they are permitted to offer adult education and literacy services to 16-year-olds and what type of documentation needs to be maintained in the LACES database to show proof of the exception to State Law.

Per Section 203 (4) of the Workforce Innovation and Opportunity Act (WIOA), and eligible individual means an individual:

Who has attained 16 years of age;
Who is not enrolled or required to be enrolled in secondary school under State law; and
Who
- Is basic skills deficient;
- Does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or
- Is an English language learner.

WIOA Section 203(4)(B) requires that the individual is not required to be enrolled in secondary school under State law. Per §22-33-104 of the Colorado Revised Statutes, every child under the age of 17 shall attend public school for at least a certain number of hours defined in statute during each school year unless an exception has been provided under state law.

The Adult Education Initiatives Office has outlined the exceptions for a 16 year-old to attend an AEFLA-funded program below, and additional information can be found in the Visual Guide to Serving 16-Year-Old Learners. For any other 16-year-old exception which learners report, please contact the relevant AEI Program Coordinator prior to learner enrollment in classes

Exception	Statute Reference	Statute Language	Required Documentation
Condition of probation	18-1.3-204(2.3)	(a) When granting probation, the court may, as a condition of probation, require any defendant who is less than eighteen years of age at the time of sentencing to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5), C.R.S.; except that the court shall not require any such juvenile to attend a school from which he or she has been expelled without the prior approval of that school's local board of education.	Court order specifying what the learner must do as a condition of the student’s probation.
Condition of parole	19-2-207 & 19-2-1002(1)	Juvenile parole board authority – the board may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5), C.R.S.; Juvenile parole board, hearing panel’s authority – the board may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination.	Letter from the juvenile parole board and specify what the learner is being asked to do as a condition of the student’s parole.
In custody of court or law enforcement authorities	22-33-104(2)(f)	Compulsory school attendance law The provisions of subsection (1) of this section shall not apply to a child: who is in the custody of a court or law enforcement authorities	Letter from the institution the learner is in custody with confirming the individual is currently in custody.

Exception

Statute Reference

Statute Language

Required Documentation

Condition of probation

18-1.3-204(2.3)

(a) When granting probation, the court may, as a condition of probation, require any defendant who is less than eighteen years of age at the time of sentencing to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5), C.R.S.; except that the court shall not require any such juvenile to attend a school from which he or she has been expelled without the prior approval of that school's local board of education.

Court order specifying what the learner must do as a condition of the student’s probation.

Condition of parole

19-2-207

19-2-1002(1)

Juvenile parole board authority – the board may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination, as that term is defined in section 22-33-102 (8.5), C.R.S.;

Juvenile parole board, hearing panel’s authority – the board may require, as a condition of parole, any adjudicated juvenile to attend school or an educational program or to work toward the attainment of a high school diploma or the successful completion of a high school equivalency examination.

Letter from the juvenile parole board and specify what the learner is being asked to do as a condition of the student’s parole.

In custody of court or law enforcement authorities

22-33-104(2)(f)

Compulsory school attendance law
The provisions of subsection (1) of this section shall not apply to a child: who is in the custody of a court or law enforcement authorities

Letter from the institution the learner is in custody with confirming the individual is currently in custody.