Section § 94802

Explanation

If a school had an approval to operate valid on June 30, 2007, from the old Bureau for Private Postsecondary and Vocational Education, it can continue to use that approval under the current rules. This approval is considered valid for three more years after the original expiration date as it was back in 2007.

An institution that had a valid approval to operate on June 30, 2007, issued by the former Bureau for Private Postsecondary and Vocational Education pursuant to former Chapter 7 (commencing with Section 94700) of Part 59 of Division 10 of Title 3 of the Education Code, as it read on June 30, 2007, shall maintain that approval under this chapter. For the purposes of this chapter, the approval to operate shall be valid for three calendar years after the expiration date of the approval, as it read on June 30, 2007.

Section § 94803

Explanation

This law requires the bureau to update the rules in a specific part of the California Code of Regulations to align with new changes by February 1, 2010. Initially, these rule changes are temporary but will become permanent within a year after the chapter becomes law through the standard rulemaking process.

The bureau shall, by emergency regulation, amend, and repeal as necessary, the regulations, as they read on June 30, 2007, in Division 7.5 (commencing with Section 70000) of Title 5 of the California Code of Regulations, to conform to this chapter no later than February 1, 2010. These emergency regulations shall become permanent through the regular rulemaking process within one year of the enactment of this chapter.

Section § 94804

Explanation

This section outlines how unresolved issues brought to the former Bureau for Private Postsecondary and Vocational Education before July 1, 2007, should be handled. It states these issues will remain pending with the Bureau without any deadlines advancing from July 1, 2007, to January 1, 2010. A 'matter' includes appeals, complaints, claims, evaluations, hearings, or investigations, but not Student Tuition Recovery Fund claims.

Additionally, student complaints submitted between July 1, 2007, and December 31, 2009, will continue to be recorded and investigated by the Bureau.

(a)CA Education Code § 94804(a) Each unresolved matter submitted to the former Bureau for Private Postsecondary and Vocational Education prior to July 1, 2007, shall be deemed to remain pending before the bureau irrespective of any applicable deadlines. With respect to any deadline applicable to a pending matter, no time shall be deemed to have elapsed from July 1, 2007, to January 1, 2010, inclusive.
(1)CA Education Code § 94804(a)(1) For the purposes of this subdivision, “matter” includes, but is not limited to, an appeal, a complaint, a claim, an evaluation, a hearing, or an investigation.
(2)CA Education Code § 94804(a)(2) For the purposes of this subdivision, “matter” does not include a Student Tuition Recovery Fund claim.
(b)CA Education Code § 94804(b) Student complaints submitted from July 1, 2007, to December 31, 2009, inclusive, shall continue to be duly recorded and investigated by the bureau.

Section § 94805

Explanation

This law states that the bureau responsible for private postsecondary and vocational education in California has control over all records and property previously held by the former Bureau for Private Postsecondary and Vocational Education.

For the performance of the duties and exercise of the powers vested in the bureau, the bureau shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the former Bureau for Private Postsecondary and Vocational Education.

Section § 94806

Explanation

This law states that the fund originally named the Private Postsecondary and Vocational Education Administration Fund, which was set up in a previous section and extended by a 2007 statute, will continue to exist but is now called the Private Postsecondary Education Administration Fund.

The Private Postsecondary and Vocational Education Administration Fund established by former Section 94932 of the Education Code, and extended by Chapter 635 of the Statutes of 2007, is continued in existence, and is renamed the Private Postsecondary Education Administration Fund.

Section § 94807

Explanation

This section states that the Student Tuition Recovery Fund, which was created by a previous law, continues to exist even after being extended by another law in 2007.

The Student Tuition Recovery Fund established by former Section 94944 of the Education Code, and extended by Chapter 635 of the Statutes of 2007, is continued in existence.

Section § 94808

Explanation

This section addresses how claims from the Student Tuition Recovery Fund (STRF) are to be handled. Claims made before July 1, 2007, but not processed or paid by June 30, 2008, are to be handled by the current bureau. Similarly, claims from July 1, 2007, to December 31, 2009, will also be processed by the bureau. If any STRF claims were filed and approved before June 30, 2007, but remain unpaid, those must be paid before any claims approved after that date. The student’s entitlement to recovery from the fund is based on the law at the time of their enrollment, even if that law has since expired or been changed.

(a)CA Education Code § 94808(a) Any Student Tuition Recovery Fund claims received by the former Bureau for Private Postsecondary and Vocational Education prior to July 1, 2007, that were not processed by the former Bureau for Private Postsecondary and Vocational Education and were not paid by the Department of Consumer Affairs from July 1, 2007, to June 30, 2008, inclusive, shall be processed by the bureau.
(b)CA Education Code § 94808(b) Any Student Tuition Recovery Fund claims received by the Department of Consumer Affairs from July 1, 2007, to December 31, 2009, inclusive, shall be processed by the bureau.
(c)CA Education Code § 94808(c) Student Tuition Recovery Fund claims filed with, and approved by, the former Bureau for Private Postsecondary and Vocational Education as of June 30, 2007, if not already paid, shall be paid before any claims approved after that date.
(d)CA Education Code § 94808(d) The student’s right to recovery from the Student Tuition Recovery Fund shall be based on the law that was in effect when the student enrolled and a fee for the fund was charged as a part of tuition costs, even though that law has become inoperative, been repealed, or otherwise expired.

Section § 94809

Explanation

This law explains the rules for certain postsecondary institutions in California regarding their ability to operate without complete approval as of specific dates. Institutions with pending applications as of June 30, 2007, can keep operating until a decision is made if they follow the law. Those that started between July 1, 2007, and January 1, 2010, can also keep operating if they applied by August 2, 2010, unless denied. Students must be informed in writing if a school hasn't received approval yet. If denied approval, schools can appeal and may continue to operate during the appeal, but must notify students about the denial and potential consequences. If there's a risk to students, the bureau can make an emergency decision.

(a)CA Education Code § 94809(a) An institution that had an application for an approval to operate pending with the former Bureau for Private Postsecondary and Vocational Education on June 30, 2007, may continue to operate until a decision is made in regard to the institution regarding the application for approval to operate, but shall comply with, and is subject to, this chapter.
(b)CA Education Code § 94809(b) An institution that did not have a valid approval to operate issued by, and did not have an application for approval to operate pending with, the former Bureau for Private Postsecondary and Vocational Education on June 30, 2007, that began operations between July 1, 2007, and January 1, 2010, and filed an application to operate by August 2, 2010, may continue to operate unless a denial of approval to operate has been issued and has become final, but shall comply with, and is subject to, this chapter.
(c)CA Education Code § 94809(c) Students seeking to enroll in institutions operating under subdivisions (a) and (b) shall be notified by the institution, in writing and prior to executing an enrollment agreement, that the institution’s application for approval to operate has not been reviewed by the bureau.
(d)Copy CA Education Code § 94809(d)
(1)Copy CA Education Code § 94809(d)(1) An institution that is denied an approval to operate pursuant to subdivision (a) or (b) may file an appeal pursuant to the procedures established in Section 94888.
(2)CA Education Code § 94809(d)(2) An institution that has filed an appeal pursuant to paragraph (1) may continue to operate during the appeal process but must disclose in a written statement approved by the bureau, to all current and prospective students, that the institution’s application for approval to operate was denied by the bureau because the bureau determined the application did not satisfy the requirements to operate in California, that the institution is appealing the bureau’s decision, and that the loss of the appeal may result in the institution’s closure.
(3)CA Education Code § 94809(d)(3) If the bureau determines that the continued operation of an institution poses a significant risk of harm to students, the bureau shall make an emergency decision pursuant to Section 94938.

Section § 94809.5

Explanation

This law says that if a student had a claim due to a violation of the Private Postsecondary and Vocational Education Reform Act of 1989 before June 30, 2007, the time from June 30, 2007, to December 31, 2009, does not count against the time limit for filing that claim. This means the statute of limitations is paused during that period.

Also, any claims related to violations before June 30, 2007, should be judged based on the laws that were in effect when the violation happened, even if those laws are no longer active. The only exception is claims to the Student Tuition Recovery Fund, which are treated differently.

Notwithstanding any other provision of law:
(a)CA Education Code § 94809.5(a) For any claims that a student had based on a violation of the Private Postsecondary and Vocational Education Reform Act of 1989 on or before June 30, 2007, the period of time from June 30, 2007, to December 31, 2009, inclusive, shall be excluded in determining the deadline or the statute of limitation for filing any claim with the bureau or a lawsuit based on any claim.
(b)CA Education Code § 94809.5(b) All claims described in subdivision (a), except claims to the Student Tuition Recovery Fund, including those contained in a lawsuit or other legal action, shall be determined or adjudicated based on the law that was in effect when the violations or events took place, even though those provisions have become inoperative, been repealed, or otherwise expired.

Section § 94809.6

Explanation

This law section ensures that any legal claims or actions related to the former Private Postsecondary and Vocational Education Reform Act of 1989, which were started before July 1, 2007, are still valid despite the act being no longer in effect after that date. If a final court decision was made after July 1, 2007, based on a related statute, that decision and any remedies are also preserved.

In essence, this provision allows any rights, obligations, or legal actions that existed under the old act before it was repealed to be resolved under the rules of that act.

(a)CA Education Code § 94809.6(a) Notwithstanding the inoperative status or repeal of the former Private Postsecondary and Vocational Education Reform Act of 1989 on or after July 1, 2007, any claim or cause of action in any manner based on the act that was commenced on or before June 30, 2007, whether or not reduced to a final judgment, shall be preserved, and any remedy that was or could have been ordered to redress a violation of the act on or before June 30, 2007, may be ordered or maintained thereafter. If a final judgment was obtained in an action commenced on or after July 1, 2007, under the authority of Chapter 635 of the Statutes of 2007, the final judgment and any legal remedy that was or could be maintained on or after July 1, 2007, under that statute, shall be preserved and maintained thereafter.
(b)CA Education Code § 94809.6(b) The rights, obligations, claims, causes of action, and remedies described in subdivision (a) shall be determined by the provisions of the former Private Postsecondary and Vocational Education Reform Act of 1989 in effect on or before June 30, 2007, notwithstanding the inoperative status or repeal of the former Private Postsecondary and Vocational Education Reform Act of 1989 on or after July 1, 2007.