Section § 94932

Explanation

This law section outlines the responsibilities of a bureau to ensure that educational institutions comply with specific regulations. The bureau can request additional reports, visit institution sites, and demand documents from the institutions to check compliance. If there's a suspicion of non-compliance, the bureau must investigate the institution. Based on the findings, if any violations are detected, the bureau will take necessary action as per the regulations.

The bureau shall determine an institution’s compliance with the requirements of this chapter. The bureau shall have the power to require reports that institutions shall file with the bureau in addition to the annual report, to send staff to an institution’s sites, and to require documents and responses from an institution to monitor compliance. When the bureau has reason to believe that an institution may be out of compliance, it shall conduct an investigation of the institution. If the bureau determines, after completing a compliance inspection or investigation, that an institution has violated any applicable law or regulation, the bureau shall take appropriate action pursuant to this article.

Section § 94932.5

Explanation

This law requires a bureau to carry out both scheduled and surprise inspections of educational institutions every five years as part of a compliance program.

By 2017, the bureau must also create rules to make sure student safety is the top focus during these inspections, which should consider the risk and potential harm to students. Additionally, the results of these inspections should be communicated to students at the institution.

(a)CA Education Code § 94932.5(a) As part of its compliance program, the bureau shall perform announced and unannounced inspections of institutions at least every five years.
(b)CA Education Code § 94932.5(b) On or before January 1, 2017, the bureau shall adopt regulations setting forth policies and practices to ensure that student protections are the highest priority of inspections and that inspections are conducted based on risk and potential harm to students. The regulations shall also set forth policies and practices for providing notice to students enrolled at an institution of the results of each inspection of the institution.

Section § 94933

Explanation

This section allows the bureau to take action against educational institutions that don't follow the rules. They can require the institution to fix the issue, fine them, put them on probation, or even remove their approval to operate, depending on how bad the violations are and the impact on students.

The bureau shall provide an institution with the opportunity to remedy noncompliance, impose fines, place the institution on probation, or suspend or revoke the institution’s approval to operate, in accordance with this article, as it deems appropriate based on the severity of an institution’s violations of this chapter, and the harm that results or may result to students.

Section § 94933.5

Explanation

This law section states that whenever possible, the bureau should try to resolve cases of noncompliance through peaceful means. This includes using alternative dispute resolution methods, such as mediation or negotiation, as outlined in another part of the government's code.

As much as is practicable, the bureau shall seek to resolve instances of noncompliance, including the use of alternative dispute resolution procedures in Article 5 (commencing with Section 11420.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 94934

Explanation

Institutions must submit an annual report by July 1 each year, detailing specific educational program information, under penalty of perjury. The report should include student enrollment numbers, degrees awarded, program charges, and compliance with certain fund assessments and accrediting actions.

Starting in 2019, institutions offering allied health degrees requiring clinical training must include clinical placement data. This includes student participation details, any compensation to training sites, and site license or identifier numbers. Different healthcare professions are phased into the reporting requirements over several years, beginning 2019 through 2022, ensuring privacy compliance.

The Bureau outlines the format for these reports.

(a)CA Education Code § 94934(a) As part of the compliance program, an institution shall submit an annual report to the bureau, under penalty of perjury, signed by a responsible corporate officer, by July 1 of each year, or another date designated by the bureau, and it shall include the following information for educational programs offered in the reporting period:
(1)CA Education Code § 94934(a)(1) The total number of students enrolled by level of degree or for a diploma.
(2)CA Education Code § 94934(a)(2) The number of degrees, by level, and diplomas awarded.
(3)CA Education Code § 94934(a)(3) The degree levels and diplomas offered.
(4)CA Education Code § 94934(a)(4) The School Performance Fact Sheet, as required pursuant to Section 94910.
(5)CA Education Code § 94934(a)(5) The school catalog, as required pursuant to Section 94909.
(6)CA Education Code § 94934(a)(6) The total charges for each educational program by period of attendance.
(7)CA Education Code § 94934(a)(7) A statement indicating whether the institution is, or is not, current in remitting Student Tuition Recovery Fund assessments.
(8)CA Education Code § 94934(a)(8) A statement indicating whether an accrediting agency has taken any final disciplinary action against the institution.
(9)CA Education Code § 94934(a)(9) Additional information deemed by the bureau to be reasonably required to ascertain compliance with this chapter.
(b)CA Education Code § 94934(b) The bureau, by January 1, 2011, shall prescribe the annual report’s format and method of delivery.
(c)Copy CA Education Code § 94934(c)
(1)Copy CA Education Code § 94934(c)(1) By July 1, 2019, or another date designated by the bureau, and in each year thereafter, each institution approved to operate by the bureau, that offers specified certificates or degrees related to allied health professionals that require clinical training, shall include in the report submitted pursuant to subdivision (a) clinical placement data delineated by program and occupation. The report shall include all of the following:
(A)CA Education Code § 94934(c)(1)(A) The number of students participating at each clinical training site. This shall include information about proficiency in languages other than English.
(B)CA Education Code § 94934(c)(1)(B) Whether any donation, money, compensation, or exchange of consideration was offered or provided to the business, nonprofit, or other organization, clinic, hospital, or other location where the student was placed and, if so, the amount.
(C)CA Education Code § 94934(c)(1)(C) The license number of each clinical training site. If the license number is not available, the report shall include the employer identification number of the clinical training site.
(2)CA Education Code § 94934(c)(2) The collection and reporting of findings pursuant to paragraph (1) will be implemented over multiple years, and collected by the bureau as follows:
(A)CA Education Code § 94934(c)(2)(A) By the 2019–20 fiscal year, or another date designated by the bureau, each institution approved to operate by the bureau shall include in the report submitted pursuant to subdivision (a), the following allied healthcare professional degrees and certificates:
(i)CA Education Code § 94934(c)(2)(A)(i) Licensed Vocational Nurse.
(ii)CA Education Code § 94934(c)(2)(A)(ii) Medical Assistant.
(iii)CA Education Code § 94934(c)(2)(A)(iii) Occupational Therapy Aide.
(iv)CA Education Code § 94934(c)(2)(A)(iv) Radiologic Technologist.
(v)CA Education Code § 94934(c)(2)(A)(v) Respiratory Care Therapist.
(vi)CA Education Code § 94934(c)(2)(A)(vi) Pharmacy Technician and Technologist.
(vii)CA Education Code § 94934(c)(2)(A)(vii) Surgical Technician and Technologist.
(B)CA Education Code § 94934(c)(2)(B) By the 2020–21 fiscal year, or another date designated by the bureau, each institution approved to operate by the bureau shall include in the report submitted pursuant to subdivision (a), the following allied healthcare professional degrees and certificates:
(i)CA Education Code § 94934(c)(2)(B)(i) Cardiovascular Technologist.
(ii)CA Education Code § 94934(c)(2)(B)(ii) Certified Nurse Assistant.
(iii)CA Education Code § 94934(c)(2)(B)(iii) Dialysis Technician.
(iv)CA Education Code § 94934(c)(2)(B)(iv) Diagnostic Medical Sonographer.
(v)CA Education Code § 94934(c)(2)(B)(v) Medical Lab Technician.
(vi)CA Education Code § 94934(c)(2)(B)(vi) Orthopedic Assistant.
(vii)CA Education Code § 94934(c)(2)(B)(vii) Physical Therapy Aide and Assistant.
(viii)CA Education Code § 94934(c)(2)(B)(viii) Psychiatric Technologist.
(ix)CA Education Code § 94934(c)(2)(B)(ix) Radiologic Therapist.
(x)CA Education Code § 94934(c)(2)(B)(x) Speech Language Pathology Aide.
(C)CA Education Code § 94934(c)(2)(C) By the 2021–22 fiscal year, and in each fiscal year thereafter, each institution approved to operate by the bureau shall include in the report submitted pursuant to subdivision (a), all certificates or degrees related to allied health professionals that require clinical training.
(D)CA Education Code § 94934(c)(2)(D) Any disclosure under this section shall be in compliance with state and federal privacy laws.
(E)CA Education Code § 94934(c)(2)(E) For the purposes of this subdivision, “allied health professional” has the same meaning as in Section 295p of Title 42 of the United States Code.

Section § 94934.5

Explanation

If a school with operating approval is being investigated by any agency other than the bureau, it must inform the bureau in writing about this investigation within 30 days of finding out. This includes any legal judgments, regulatory actions, increased oversight, or settlements. Not doing so could lead to penalties.

'Investigation' refers to inquiries into possible legal or standard violations. 'Oversight entity' includes governmental, accrediting, and licensing bodies that have authority over the school.

(a)CA Education Code § 94934.5(a) An institution with an approval to operate that knows that it is being investigated by an oversight entity other than the bureau shall report that investigation, including the nature of that investigation, to the bureau in writing within 30 days of the institution’s first knowledge of the investigation. An institution with an approval to operate that is the subject of a judgment by, a regulatory action by, increased oversight or monitoring by, or a settlement with, any oversight entity other than the bureau shall report it to the bureau within 30 days. Failure to comply with this section may subject the institution to an administrative citation pursuant to Section 94936.
(b)CA Education Code § 94934.5(b) For the purposes of this section, “investigation” means any inquiry into possible violations of any applicable laws or accreditation standards.
(c)CA Education Code § 94934.5(c) For the purposes of this section, “oversight entity” means all of the following:
(1)CA Education Code § 94934.5(c)(1) Any governmental agency.
(2)CA Education Code § 94934.5(c)(2) Any accrediting agency.
(3)CA Education Code § 94934.5(c)(3) Any professional licensing entity that exercises any programmatic or institutional approval over the institution.

Section § 94935

Explanation

This law requires that if a minor violation is found during the inspection of an educational institution, the bureau staff will issue a 'notice to comply.' The institution has 30 days to fix the issue. Once the problem is fixed, the institution must sign and return the notice to the bureau. If the violation is corrected during the inspection, no notice is required.

For minor issues, this notice is the only way the bureau can address the problem, and no further action will be taken if the issue is fixed within 30 days. If the institution disagrees with the violations noted, they can send a written notice of disagreement to the bureau. If the institution does not comply within the 30-day window, the bureau will enforce the rules administratively.

(a)CA Education Code § 94935(a) Bureau staff who, during an inspection of an institution, detect a violation of this chapter, or regulations adopted pursuant to this chapter, that is a minor violation as determined by the bureau, pursuant to regulations adopted by January 1, 2011, shall issue a notice to comply at the conclusion of the inspection. The bureau shall establish a voluntary informal appeal process, by regulation, within one year of the enactment of this chapter.
(b)CA Education Code § 94935(b) An institution that receives a notice to comply shall have no more than 30 days from the date of inspection to remedy the noncompliance.
(c)CA Education Code § 94935(c) Upon achieving compliance, the institution shall sign and return the notice to comply to the bureau.
(d)CA Education Code § 94935(d) A single notice to comply shall be issued listing separately all the minor violations cited during the inspection.
(e)CA Education Code § 94935(e) A notice to comply shall not be issued for any minor violation that is corrected before the conclusion of the inspection. Immediate compliance may be noted in the inspection report, but the institution shall not be subject to any further action by the bureau.
(f)CA Education Code § 94935(f) A notice to comply shall be the only means the bureau shall use to cite a minor violation discovered during an inspection. The bureau shall not take any other enforcement action specified in this chapter against an institution that has received a notice to comply if the institution remedies the violation within 30 days from the date of the inspection.
(g)CA Education Code § 94935(g) If an institution that receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged minor violations listed in the notice to comply, an institution shall send the bureau a written notice of disagreement. The agency may take administrative enforcement action to seek compliance with the requirements of the notice to comply.
(h)CA Education Code § 94935(h) If an institution fails to comply with a notice to comply within the prescribed time, the bureau shall take appropriate administrative enforcement action.

Section § 94936

Explanation

If a private postsecondary institution in California is found violating certain education regulations, the state bureau can issue a citation. This may include requiring the school to show how they'll comply in the future, imposing fines up to $5,000 per violation, or ordering compensation to affected students. The citation details the violation and the law that was breached. Schools have 30 days to request a hearing if they disagree. If they don’t request a hearing, the fine must be paid but it's not an admission of guilt. Any fines collected go to a special education fund.

(a)CA Education Code § 94936(a) As a consequence of an investigation, which may incorporate any materials obtained or produced in connection with a compliance inspection, and upon a finding that the institution has committed a violation of this chapter or that the institution has failed to comply with a notice to comply pursuant to Section 94935, the bureau shall issue a citation to an institution for violation of this chapter, or regulations adopted pursuant to this chapter.
(b)CA Education Code § 94936(b) The citation may contain any of the following:
(1)CA Education Code § 94936(b)(1) An order of abatement that may require an institution to demonstrate how future compliance with this chapter or regulations adopted pursuant to this chapter will be accomplished.
(2)CA Education Code § 94936(b)(2) Notwithstanding Section 125.9 of the Business and Professions Code, an administrative fine not to exceed five thousand dollars ($5,000) for each violation. The bureau shall base its assessment of the administrative fine on:
(A)CA Education Code § 94936(b)(2)(A) The nature and seriousness of the violation.
(B)CA Education Code § 94936(b)(2)(B) The persistence of the violation.
(C)CA Education Code § 94936(b)(2)(C) The good faith of the institution.
(D)CA Education Code § 94936(b)(2)(D) The history of previous violations.
(E)CA Education Code § 94936(b)(2)(E) The purposes of this chapter.
(F)CA Education Code § 94936(b)(2)(F) The potential harm to students.
(3)CA Education Code § 94936(b)(3) An order to compensate students for harm that resulted or may have resulted, including a refund of moneys paid to the institution by or on behalf of the student, as determined by the bureau.
(c)Copy CA Education Code § 94936(c)
(1)Copy CA Education Code § 94936(c)(1) The citation shall be in writing and describe the nature of the violation and the specific provision of law or regulation that is alleged to have been violated.
(2)CA Education Code § 94936(c)(2) The citation shall inform the institution of its right to request a hearing in writing within 30 days from service of the citation.
(3)CA Education Code § 94936(c)(3) If a hearing is requested, the bureau shall select an informal hearing pursuant to Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code or a formal hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(4)CA Education Code § 94936(c)(4) If a hearing is not requested, payment of the administrative fine is due 30 days from the date of service, and shall not constitute an admission of the violation charged.
(5)CA Education Code § 94936(c)(5) If a hearing is conducted and payment of an administrative fine is ordered, the administrative fine is due 30 days from when the final order is entered.
(6)CA Education Code § 94936(c)(6) The bureau may enforce the administrative fine as if it were a money judgment pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.
(d)CA Education Code § 94936(d) All administrative fines shall be deposited in the Private Postsecondary Education Administration Fund.

Section § 94937

Explanation

This law section outlines what can happen if an educational institution in California is found to violate certain regulations. If an institution engages in fraud, commits serious violations, or makes misleading claims that harm students, it can be put on probation, or its approval to operate can be suspended or revoked. The bureau is responsible for setting rules about how probation and suspensions work. Additionally, the bureau might seek reimbursement for its costs, but the institution won't have to pay investigation costs to more than one agency.

(a)CA Education Code § 94937(a) As a consequence of an investigation, which may incorporate any materials obtained or produced in connection with a compliance inspection, and upon a finding that an institution has committed a violation, the bureau may place an institution on probation or may suspend or revoke an institution’s approval to operate for:
(1)CA Education Code § 94937(a)(1) Obtaining an approval to operate by fraud.
(2)CA Education Code § 94937(a)(2) A material violation or repeated violations of this chapter or regulations adopted pursuant to this chapter that have resulted, or may result, in harm to students. For purposes of this paragraph, “material violation” includes, but is not limited to, misrepresentation, fraud in the inducement of a contract, and false or misleading claims or advertising, upon which a student reasonably relied in executing an enrollment agreement and that resulted, or may result, in harm to the student.
(b)CA Education Code § 94937(b) The bureau shall adopt regulations, within one year of the enactment of this chapter, governing probation and suspension of an approval to operate.
(c)CA Education Code § 94937(c) The bureau may seek reimbursement pursuant to Section 125.3 of the Business and Professions Code.
(d)CA Education Code § 94937(d) An institution shall not be required to pay the cost of investigation to more than one agency.

Section § 94938

Explanation

This section gives a bureau the authority to make urgent decisions if it's necessary to protect students, prevent false information from being shared, or prevent the misuse of public or student funds. It must follow certain government procedures when doing this. Additionally, by January 1, 2011, the bureau was required to create regulations to implement these powers effectively.

(a)CA Education Code § 94938(a) If the bureau determines that it needs to make an emergency decision to protect students, prevent misrepresentation to the public, or prevent the loss of public funds or moneys paid by students, it may do so pursuant to Article 13 (commencing with Section 11460.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Education Code § 94938(b) The bureau shall, by January 1, 2011, adopt regulations to give this section effect pursuant to Section 11460.20 of the Government Code.

Section § 94939

Explanation

This law section allows the bureau to take legal action for violations of its rules. They can seek various types of court orders, such as restitution (money back for those affected by the violation) or injunctions (orders to start or stop certain actions). These actions can be taken in the area where the wrongdoer lives or where the violation occurred. Additionally, these options add to, rather than replace, other legal options that might be available.

(a)CA Education Code § 94939(a) The bureau may bring an action for equitable relief for any violation of this chapter. The equitable relief may include restitution, a temporary restraining order, the appointment of a receiver, and a preliminary or permanent injunction. The action may be brought in the county in which the defendant resides or in which any violation has occurred or may occur.
(b)CA Education Code § 94939(b) The remedies provided in this section supplement, and do not supplant, the remedies and penalties under other provisions of law.

Section § 94940

Explanation

If an institution faces negative administrative action, it can ask for a hearing to challenge this decision under specific government procedures.

As consequence of an adverse administrative action against an institution, the institution may request a hearing pursuant to Article 10 (commencing with Section 11445.10) of Chapter 4.5 or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 94941

Explanation

This law allows individuals to file complaints if they believe a school has broken certain rules. The Bureau will focus its efforts on schools that pose the greatest risk to students. They will look for schools with issues like high student loan default rates, misleading statistics, and significant public funding. They'll also watch for rapid growth, financial instability, or recent ownership changes. The Bureau will report its enforcement actions annually and prioritize cases involving illegal or deceitful practices, like false job placement rates or misleading loan information. Schools must ensure truthful advertising about job prospects, exam passage rates, and program costs.

(a)CA Education Code § 94941(a) An individual who has cause to believe that an institution has violated this chapter, or regulations adopted pursuant to this chapter, may file a complaint with the bureau against the institution. The complaint shall set forth the alleged violation, and shall contain any other information as may be required by the bureau.
(b)CA Education Code § 94941(b) To ensure that the bureau’s resources are maximized for the protection of the public, the bureau, in consultation with the advisory committee, shall establish priorities for its inspections and other investigative and enforcement resources to ensure that institutions representing the greatest threat of harm to the greatest number of students are identified and disciplined by the bureau or referred to the Attorney General.
(c)CA Education Code § 94941(c) In developing its priorities for inspection, investigation, and enforcement regarding institutions, the bureau shall consider as posing heightened risks the characteristics of the following institutions:
(1)CA Education Code § 94941(c)(1) An institution that receives significant public resources, including an institution that receives more than 70 percent of its revenues from federal financial aid, state financial aid, financial aid for veterans, and other public student aid funds.
(2)CA Education Code § 94941(c)(2) An institution with a large number of students defaulting on their federal loans, including an institution with a three-year cohort default rate above 15.5 percent.
(3)CA Education Code § 94941(c)(3) An institution with reported placement rates, completion rates, or licensure rates in an educational program that are far higher or lower than comparable educational institutions or programs.
(4)CA Education Code § 94941(c)(4) An institution that experiences a dramatic increase in enrollment, recently expanded educational programs or campuses, or recently consolidated campuses.
(5)CA Education Code § 94941(c)(5) An institution that offers only nonremedial educational program courses in English, but enrolls students with limited or no English language proficiency.
(6)CA Education Code § 94941(c)(6) An institution that has experienced a recent change of ownership or control, or a change in the business organization of the institution.
(7)CA Education Code § 94941(c)(7) An institution with audited financial statements that do not satisfy the bureau’s requirements for financial stability.
(8)CA Education Code § 94941(c)(8) An institution that has recently been the subject of an investigation, judgment, or regulatory action by, or a settlement with, a governmental agency.
(9)CA Education Code § 94941(c)(9) An institution that experiences institutional or programmatic accreditation restriction by an accreditor, government restriction of, or injunction against, its approval to operate, or placement on cash-reimbursement or heightened monitoring status by the United States Department of Education.
(d)CA Education Code § 94941(d) The bureau shall indicate in an annual report, to be made publicly available on its internet website, the number of temporary restraining orders, interim suspension orders, and disciplinary actions taken by the bureau, disaggregated by each priority category established pursuant to subdivision (b).
(e)CA Education Code § 94941(e) The bureau shall, in consultation with the advisory committee, adopt regulations to establish categories of complaints or cases that are to be handled on a priority basis. The priority complaints or cases shall include, but not be limited to, those alleging unlawful, unfair or fraudulent business acts or practices, including unfair, deceptive, untrue, or misleading statements, including all statements made or required to be made pursuant to the requirements of this chapter, related to any of the following:
(1)CA Education Code § 94941(e)(1) Degrees, educational programs, or internships offered, the appropriateness of available equipment for a program, or the qualifications or experience of instructors.
(2)CA Education Code § 94941(e)(2) Job placement, graduation, time to complete an educational program, or educational program or graduation requirements.
(3)CA Education Code § 94941(e)(3) Loan eligibility, terms, whether the loan is federal or private, or default or forbearance rates.
(4)CA Education Code § 94941(e)(4) Passage rates on licensing or certification examinations or whether an institution’s degrees or educational programs provide students with the necessary qualifications to take these exams and qualify for professional licenses or certifications.
(5)CA Education Code § 94941(e)(5) Cost of an educational program, including fees and other nontuition charges.
(6)CA Education Code § 94941(e)(6) Affiliation with or endorsement by any government agency, or by any organization or agency related to the Armed Forces, including, but not limited to, groups representing veterans.
(7)CA Education Code § 94941(e)(7) Terms of withdrawal and refunds from an institution.
(8)CA Education Code § 94941(e)(8) Payment of bonuses, commissions, or other incentives offered by an institution to its employees or contractors.

Section § 94942

Explanation

This law requires a bureau to offer a toll-free phone line and website for students and the public to file complaints. The bureau must have a staff member manage the phone line and provide an online complaint form on their website for easy access.

(a)CA Education Code § 94942(a) The bureau shall establish a toll-free telephone number staffed by a bureau employee by which a student or a member of the public may file a complaint under this chapter.
(b)CA Education Code § 94942(b) The bureau shall make a complaint form available on its internet website. The bureau shall permit students and members of the public to file a complaint under this chapter through the bureau’s internet website.

Section § 94943

Explanation

This law outlines violations related to private postsecondary institutions in California. If someone knowingly operates such an institution without approval, they commit an infraction, which is a minor offense. Additionally, providing false information on an application for approval or submitting false reports as required by law are also infractions. These offenses follow the procedures detailed in specific sections of the Penal Code, which manage how infractions are handled.

The following violations of this chapter are public offenses:
(a)CA Education Code § 94943(a) Knowingly operating a private postsecondary institution without an approval to operate is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code.
(b)CA Education Code § 94943(b) Knowingly providing false information to the bureau on an application for an approval to operate is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code.
(c)CA Education Code § 94943(c) Knowingly submitting, to the bureau, false information that is required to be reported pursuant to Article 16 (commencing with Section 94928) is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code.

Section § 94943.5

Explanation

This rule says that any institution must appoint an agent who can receive legal documents on its behalf in California. The institution must provide the agent's contact details to the relevant bureau, which in turn will provide those details to anyone who asks for them.

An institution shall designate and maintain an agent for service of process within this state, and provide the name, address, and telephone number of the agent to the bureau. The bureau shall furnish the agent’s name, address, and telephone number to a person upon request.

Section § 94944

Explanation

If someone runs an educational institution without the necessary approval from the bureau, they can be fined up to $100,000. This fine is specifically for operating without a license and is separate from any other fines or refunds they might have to pay for different violations.

Notwithstanding any other law, the bureau shall cite any person, and that person shall be subject to a fine not to exceed one hundred thousand dollars ($100,000), for operating an institution without proper approval to operate issued by the bureau pursuant to this chapter. The maximum fine for unlicensed activity is separate and not inclusive of fines for other violations or refunds ordered.

Section § 94944.5

Explanation
If a school falls under this law, it automatically allows its accrediting agency to share any documents and materials about the school with various government bodies, such as the bureau, the Attorney General, district or city attorneys, or the Student Aid Commission, within 30 days of a written request.
Each institution subject to this chapter shall be deemed to have authorized its accrediting agency to provide the bureau, the Attorney General, any district attorney, city attorney, or the Student Aid Commission, within 30 days of written notice, copies of all documents and other material concerning the institution that are maintained by the accrediting agency.

Section § 94944.6

Explanation

When notified in writing, accrediting agencies must give documents or materials related to an institution they accredit to the bureau, Attorney General, district attorney, city attorney, or the Student Aid Commission within 30 days. This only applies to documents specified in the notice.

Within 30 days of receiving a written notice from the bureau, the Attorney General, district attorney, city attorney, or the Student Aid Commission pursuant to Section 94944.5, an accrediting agency shall provide the requesting entity with all documents or other material concerning an institution accredited by that agency that are designated specifically or by category in the written notice.

Section § 94945

Explanation

This law explains that nothing in this chapter should be seen as stopping anyone from enforcing rights or remedies as outlined in other laws. It's saying that the Attorney General, district attorneys, or city attorneys can still take action using other laws. Finally, if a school is suspected of consistently breaking the rules, specifically affecting many students, the bureau can work with the Attorney General for investigation and legal action.

(a)CA Education Code § 94945(a) This chapter does not limit or preclude the enforcement of rights or remedies under any other applicable statute or law.
(b)CA Education Code § 94945(b) This chapter does not limit or preclude the Attorney General, a district attorney, or a city attorney from taking any action otherwise authorized under any other applicable statute or law.
(c)CA Education Code § 94945(c) If the bureau has reason to believe that an institution has engaged in a pattern or practice of violating the provisions of this chapter or any other applicable law that involves multiple students or other claimants, the bureau shall contract with the Attorney General for investigative and prosecutorial services, as necessary.