Article 2Transition Provisions
Section § 94802
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.
Section § 94803
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.
Section § 94804
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.
Section § 94805
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.
Section § 94806
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.
Section § 94807
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.
Section § 94808
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.
Section § 94809
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.
Section § 94809.5
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.
Section § 94809.6
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.