Article 18Compliance, Enforcement, Process, and Penalties
Section § 94932
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.
Section § 94932.5
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.
Section § 94933
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.
Section § 94933.5
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.
Section § 94934
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.
Section § 94934.5
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.
Section § 94935
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.
Section § 94936
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.
Section § 94937
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.
Section § 94938
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.
Section § 94939
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.
Section § 94940
If an institution faces negative administrative action, it can ask for a hearing to challenge this decision under specific government procedures.
Section § 94941
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.
Section § 94942
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.
Section § 94943
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.
Section § 94943.5
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.
Section § 94944
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.
Section § 94944.5
Section § 94944.6
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.
Section § 94945
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.