Section § 94810

Explanation

This law section explains that the definitions provided in this article are used to interpret and understand the entire chapter, unless stated otherwise.

Unless the context requires otherwise, the definitions set forth in this article govern the construction of this chapter.

Section § 94812

Explanation

An academic year is defined as at least 30 weeks of instructional time during which a full-time student completes a certain number of credit or clock hours. Specifically, this means 24 semester or trimester hours or 36 quarter hours for institutions using credit hours, and at least 900 clock hours for institutions using clock hours.

“Academic year” means a period, including a minimum of 30 weeks of instructional time, in which a full-time student attending an institution that measures educational program length in credit hours completes 24 semester or trimester hours or 36 quarter hours, or an institution that measures educational program length in clock hours completes at least 900 clock hours.

Section § 94813

Explanation

The term “accredited” refers to schools or educational institutions that have received official approval from an accrediting agency recognized by the U.S. Department of Education.

“Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education.

Section § 94814

Explanation

This law section defines an 'accrediting agency' as an organization that the United States Department of Education officially recognizes.

“Accrediting agency” is an agency recognized by the United States Department of Education.

Section § 94815

Explanation

This section defines an 'annual report' as the yearly report that must be submitted by educational institutions.

“Annual report” means the yearly report required to be filed by institutions.

Section § 94816

Explanation

An "applicant" is someone who applies to the bureau for either initial approval or renewal of approval to operate. Only applicants can receive an approval to operate.

“Applicant” means a person, as defined in Section 94855, who has submitted an application to the bureau for an approval to operate or for a renewal of an approval to operate. An approval to operate shall be issued only to an applicant.

Section § 94817

Explanation

This section defines what "approval to operate" means for educational institutions. It refers to the official permission needed to offer postsecondary educational programs to the public, along with the written documentation confirming this authorization.

“Approval to operate” or “approval” means the authorization pursuant to this chapter to offer to the public and to provide postsecondary educational programs, as well as the written document issued to an institution signifying its approval to operate.

Section § 94817.5

Explanation

The term 'approved to operate' refers to an institution that has been officially given permission to offer and run higher education programs for the public.

“Approved to operate” or “approved” means that an institution has received authorization pursuant to this chapter to offer to the public and to provide postsecondary educational programs.

Section § 94818

Explanation

This law defines "avocational education" as learning activities intended for personal entertainment, pleasure, or enjoyment, rather than for professional or vocational purposes.

“Avocational education” means education offered for the purpose of personal entertainment, pleasure, or enjoyment.

Section § 94819

Explanation

This law section defines a 'branch campus' as any location that is not the main campus or a satellite campus.

“Branch campus” means a site other than the main campus or a satellite location.

Section § 94820

Explanation

This section specifies that the term "Bureau" refers to the Bureau for Private Postsecondary Education, which is part of the Department of Consumer Affairs.

“Bureau” means the Bureau for Private Postsecondary Education in the Department of Consumer Affairs.

Section § 94821

Explanation

This section defines a 'Change in business organization form' as when a business changes its original structure. Examples include a sole proprietorship becoming a partnership or a corporation, or when a business transitions into a nonprofit entity or creates a nonprofit subsidiary to offer educational programs they are approved to run.

“Change in business organization form” means a change of a business organization’s original form, including, for example, a situation in which a sole proprietorship becomes a partnership or corporation, or when a business organization becomes a nonprofit public benefit corporation or forms a nonprofit public benefit corporation as a subsidiary to provide the educational programs for which the business organization has an approval to operate.

Section § 94822

Explanation

The term "change in control" refers to someone new acquiring at least 25% ownership of a school or its parent company. If the ownership change involves less than 51% of the shares and is between family members, it isn't considered a change in control.

“Change in control” means a change in the ownership of an institution in which a person who previously did not own at least 25 percent of the stock or interest in the institution or its parent company acquires ownership of at least 25 percent of the stock or interest in the institution or its parent company. “Change in control” does not include an ownership change between family members involving less than 51 percent of the stock or interest in the institution.

Section § 94823

Explanation

The term "change in ownership" refers to when someone acquires over half of the interest or stock in a parent company, resulting in control over the company.

“Change in ownership” means the acquisition by a person of more than 50 percent of an interest in or stock of a parent company.

Section § 94823.5

Explanation

This law defines 'change of location' for educational institutions as moving their place of instruction more than 10 miles from the current site.

“Change of location” means a move or relocation more than 10 miles from the site at which the institution offers instruction.

Section § 94824

Explanation

The term “class day” refers to any day a student is supposed to attend a class session. For students learning through distance education, it includes any day of the calendar except Saturdays, Sundays, or specific holidays listed in another law.

“Class day” means a day a student is scheduled to attend a class session, or for students receiving instruction through distance education, any calendar day except Saturday, Sunday, or any holiday enumerated in Section 6700 of the Government Code.

Section § 94825

Explanation

The term "class session" refers to the time during a school day when a school teaches a specific subject.

“Class session” means part of a class day that an institution conducts instruction in a particular subject.

Section § 94826

Explanation

This law section defines 'commence operations' as when a school starts offering educational programs.

“Commence operations” means an institution has begun to provide educational programs.

Section § 94827

Explanation

Continuing education refers to classes that licensed professionals take to keep their licenses active or to improve their skills and knowledge in their specific field. These classes do not result in a degree.

“Continuing education” means instruction that does not lead to a degree in subjects that licensees are required to take solely for the purpose of continued licensure, or to enhance the licensee’s skills and knowledge within their particular profession, occupation, trade, or career field.

Section § 94828

Explanation
In simple terms, 'curriculum' refers to the required courses or instructional modules that must be completed to earn a degree or diploma.
“Curriculum” means an organized set of courses or modules of instruction that are prerequisites to the award of a degree or diploma.

Section § 94829

Explanation

This law section defines "default" as when someone fails to make a loan payment on their federal student aid on time. A missing payment becomes a default after 270 days if payments are due each month, or 360 days if payments are less frequent. An "endorser" is someone who also signs the loan agreement and has to pay if the borrower can't.

“Default” means failure of a borrower and endorser, if any, to make an installment payment for a loan received under the federal student financial aid programs when due, or to meet other terms of the promissory note, provided that this failure persists for 270 days if payment is due monthly or 360 days if payment is due less frequently. For purposes of this section, “endorser” means an individual who signs a promissory note and agrees to repay the loan in the event that the borrower does not.

Section § 94830

Explanation

A 'degree' is an educational credential given by a school when someone finishes an educational program beyond high school, like an associate or higher degree.

“Degree” means a recognized educational credential awarded by an institution that signifies satisfactory completion of the requirements of a postsecondary educational program at the associate’s level or above.

Section § 94831

Explanation

The term “degree title” refers to the specific subject or field of study that is written on the certificate or diploma given to a student upon completion of their educational program.

“Degree title” means the designated subject area of the educational program that appears on the face of the document awarded to a student.

Section § 94832

Explanation

This law defines a 'diploma' as a recognized educational certificate given by a school when someone completes a program of study at a level below an associate degree. It's basically the same as a certificate.

“Diploma” means a recognized educational credential, other than a degree, awarded by an institution that signifies satisfactory completion of the requirements of a postsecondary educational program below the associate’s level. A diploma is also known as a certificate.

Section § 94833

Explanation

The term "Director" refers to the Director of Consumer Affairs.

“Director” means the Director of Consumer Affairs.

Section § 94834

Explanation

'Distance education' refers to teaching students when they are not physically present at the institution providing the instruction.

“Distance education” means transmission of instruction to students at a location separate from the institution.

Section § 94835

Explanation

A "document of record" is any document that this specific chapter says must be kept on file.

“Document of record” means any document required to be maintained by this chapter.

Section § 94836

Explanation

This part of the law explains what counts as "educational materials" for an educational program. It includes things like textbooks, supplies, tools, computers, and any other items needed for education or training.

“Educational materials” means textbooks, supplies, implements, tools, machinery, computers, electronic devices, or other goods related to any education, training, or experience required for participation in an educational program.

Section § 94837

Explanation

The term "educational program" refers to a group of courses or a single course that provides education, skills, training, or experience, with the exception of short courses, workshops, or seminars that are 32 hours or less and aren't aimed at leading to employment.

“Educational program” means a planned sequence composed of a set of related courses or modules, or a single course or module if not offered as a component of a set of related courses or modules, that provides education, training, skills, or experience, or a combination of these, except that “educational program” does not include a single course, workshop, seminar, continuing education course, or other instruction that consists of 32 hours of instruction or less that is not designed to lead to employment.

Section § 94838

Explanation

In this law, "educational program approval" refers to getting permission from state or federal authorities to offer educational courses, which is part of the process to run an educational institution.

“Educational program approval” means authorization by the bureau, another government agency of this state, or a federal government agency, to provide educational programs, and is an element of an approval to operate.

Section § 94839

Explanation

In this context, 'Enrollment' refers to the signing of an enrollment agreement.

“Enrollment” means the execution of an enrollment agreement.

Section § 94840

Explanation

The term "enrollment agreement" refers to a written contract that outlines the details of an educational program between a student and a school.

“Enrollment agreement” means a written contract between a student and institution concerning an educational program.

Section § 94841

Explanation

In this context, "faculty" refers to the teaching staff at a school or educational institution. It doesn't matter if they are officially hired employees or work as freelancers.

“Faculty” means the instructional staff of an institution, whether these persons are employees or independent contractors.

Section § 94842

Explanation

In this section, the term "graduate" refers to someone who has received a degree or diploma.

“Graduate” means an individual who has been awarded a degree or diploma.

Section § 94843

Explanation

This law defines an "institution" as any private college or postsecondary school, which also includes its smaller branch campuses or other associated locations.

“Institution” means any private postsecondary educational institution, including its branch campuses and satellite locations.

Section § 94844

Explanation

This section defines 'institutional charges' as the fees a student pays directly to a school for an educational program.

“Institutional charges” means charges for an educational program paid directly to an institution.

Section § 94845

Explanation

An "institution manager" is anyone who is part of an institution's management team.

“Institution manager” means an individual who is a member of an institution’s management.

Section § 94846

Explanation

This section defines "Instruction" as the organized way a school's teachers deliver segments of the curriculum.

“Instruction” means an institution’s specific, formal arrangements in which its faculty present a part of the curriculum.

Section § 94847

Explanation

This section defines "license and examination preparation" as teaching that helps students study for a licensing exam. It clarifies that this type of preparation doesn't cover broader educational programs aimed at teaching the essential skills and knowledge needed to qualify for the license itself.

“License and examination preparation” means instruction designed to assist students to prepare for an examination for licensure. “License and examination preparation” does not include an educational program designed to instruct students in the skills and knowledge necessary to satisfy the qualifications for licensure.

Section § 94848

Explanation

This section explains that 'licensure' refers to any official document, like a license, certificate, or permit, that a person needs to legally work in a specific job or career.

“Licensure” includes any license, certificate, permit, or similar credential that a person must hold to lawfully engage in a profession, occupation, trade, or career field.

Section § 94849

Explanation

A "main campus" refers to the single or primary location where an institution conducts its teaching activities.

“Main campus” means the institution’s sole or primary teaching location.

Section § 94850

Explanation

This section defines 'noninstitutional charges' as fees for an educational program that are paid to an outside entity, not directly to the institution. These charges must be necessary for participating in the program.

“Noninstitutional charges” means charges for an educational program paid directly to an entity other than an institution that are specifically required for participation in an educational program.

Section § 94850.2

Explanation

This section defines a "nonprofit corporation" as an institution where donations are tax-deductible under IRS rules, specifically under Section 501(c)(3), but there are limitations to this status as described elsewhere.

“Nonprofit corporation” means an institution to which contributions have been determined by the United States Internal Revenue Service to be tax-deductible pursuant to Section 501(c)(3) of Title 26 of the Internal Revenue Code, subject to the limitations described in Section 94874.1.

Section § 94850.5

Explanation

This section defines an 'out-of-state private postsecondary educational institution' as a private educational entity that doesn't have a physical campus in California but provides online courses to California students and charges a fee for it. Whether or not the institution has other affiliated campuses in the state doesn't change its status under this definition.

“Out-of-state private postsecondary educational institution” means a private entity without a physical presence in this state that offers distance education to California students for an institutional charge, regardless of whether the institution has affiliated institutions or institutional locations in California.

Section § 94851

Explanation

This section defines who is considered an 'owner' in different types of business structures. For a sole proprietorship, the owner is an individual. In a partnership, it's the partners. For a limited liability company (LLC), the owners are the members, and in a corporation, they are the shareholders.

“Owner” means an individual in the case of a sole proprietorship, partners in a partnership, members in a limited liability company, or shareholders in a corporation.

Section § 94852

Explanation

This law defines 'ownership' as having a legal or equitable stake in a school or institution, which could mean owning its assets or stock.

“Ownership” means a legal or equitable interest in an institution, including ownership of assets or stock.

Section § 94853

Explanation

This law defines a 'parent company' as any partnership, limited liability company, or corporation that owns more than half of the stock or interest in a school or institution.

“Parent company” means a partnership, limited liability company, or corporation that owns more than 50 percent of the stock or interest in an institution.

Section § 94854

Explanation

This section defines what 'period of attendance' means for educational programs. It refers to the time a student spends in school, which could be a semester, quarter, or trimester when the program is measured in credit hours. If the program is measured by clock hours, it means the entire educational program.

“Period of attendance” means a semester, quarter, or trimester for educational programs measured in credit hours and the entire educational program if measured in clock hours.

Section § 94855

Explanation

This section defines 'person' to include both individual human beings and business organizations of any type.

“Person” means a natural person or a business organization, irrespective of its form.

Section § 94856

Explanation

This law defines a 'person in control' as someone who manages an institution, using either the authority or actions associated with their position.

“Person in control” means a person who, by the authority or conduct of their position, directs the management of an institution.

Section § 94857

Explanation

This law defines 'postsecondary education' as any formal educational program meant for students who have finished high school or are older than the required age for high school. These programs can be academic, vocational, or for ongoing professional development.

“Postsecondary education” means a formal institutional educational program whose instruction is designed primarily for students who have completed or terminated their secondary education or are beyond the compulsory age of secondary education, including programs whose purpose is academic, vocational, or continuing professional education.

Section § 94858

Explanation

This law defines a 'private postsecondary educational institution' as a private organization based in California that provides higher education to the public and charges fees for its services.

“Private postsecondary educational institution” means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional charge.

Section § 94858.5

Explanation

This statute defines what qualifies as a 'public institution of higher education' in California. It includes three types: 1) California Community Colleges and institutions meeting specific state criteria, 2) institutions operated by the U.S. government, state, local governments, or Indian tribal governments, and 3) institutions that are considered part of a state or local government, provided their employees are government workers, their liabilities are treated like those of government entities, and they follow the same oversight and public record laws as governments.

“Public institution of higher education” means any of the following:
(a)CA Education Code § 94858.5(a) An institution that meets the definition of subdivision (a) of Section 66010, including a district or campus of the California Community Colleges.
(b)CA Education Code § 94858.5(b) An institution operated by the United States government, a state, as defined in Section 3306(j)(1) of Title 26 of the United States Code, a local government, as defined in Section 1393(a)(5) of Title 26 of the United States Code, or Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(c)CA Education Code § 94858.5(c) An institution that is an instrumentality of a state or local government if it meets all of the following:
(1)CA Education Code § 94858.5(c)(1) The institution’s employees are government employees.
(2)CA Education Code § 94858.5(c)(2) The institution’s liabilities are payable to the same degree as if they were liabilities of the state or local government, in the state or local government jurisdiction where the institution is formed.
(3)CA Education Code § 94858.5(c)(3) The institution is subject to the same financial oversight and open public records laws as the state or local government, in the state or local government jurisdiction where the institution is formed.

Section § 94859

Explanation

This section defines a 'recruiter' as a person employed by a school or educational institution whose main job is to enroll students, and they usually do this work outside of the school's location.

“Recruiter” means an employee of an institution whose principal job responsibilities are the recruitment of students other than on the institution’s premises.

Section § 94860

Explanation

This section defines "recruitment" as the activities that recruiters engage in to attract students to enroll in a program or institution.

“Recruitment” means actions taken by recruiters seeking enrollment of students.

Section § 94861

Explanation

In this law section, the “reporting period” refers to either the fiscal year of an institution or any other yearly period that the bureau decides should be used for the institution's annual report.

“Reporting period” means the institution’s fiscal year or any yearly period designated by the bureau to be covered in the institution’s annual report.

Section § 94862

Explanation
A 'satellite location' refers to any extra classroom or teaching site that is located within 50 miles of an institution's main or branch campus.
“Satellite location” means an auxiliary classroom or teaching site within 50 miles of the branch or main location.

Section § 94865

Explanation

The term "site" refers to any main campus, branch campus, or satellite location.

“Site” means a main or branch campus or satellite location.

Section § 94866

Explanation

This section defines a "teach-out" as the plan a school sets up so students can finish their programs if the school shuts down.

“Teach-out” means the arrangements an institution makes for its students to complete their educational programs when the institution ceases to operate.

Section § 94867

Explanation

A "third-party payer" is an entity, like an employer or government program, that covers a student's full charges without requiring the student to repay them under a separate agreement.

“Third-party payer” means an employer, government program, or other entity that pays a student’s total charges when no separate agreement for the repayment of the charges exists between the third-party payer and the student.

Section § 94868

Explanation

This section defines "to offer to the public" as actions like advertising, publicizing, soliciting, or recruiting. It's about how services or goods are promoted to people.

“To offer to the public” means to advertise, publicize, solicit, or recruit.

Section § 94869

Explanation

This law defines what it means to "operate" a postsecondary educational facility in California. It covers establishing, maintaining, or managing a physical location in the state where educational programs are offered. Additionally, it includes enrolling California residents in programs offered by institutions outside the state through distance learning.

“To operate” means to establish, keep, or maintain any facility or location in this state where, or from which, or through which, postsecondary educational programs are provided, or to enroll California residents in postsecondary educational programs in an institution based outside of the state via distance education.

Section § 94870

Explanation

This law section defines "total charges" as the combination of all institutional and noninstitutional charges.

“Total charges” means the sum of institutional and noninstitutional charges.

Section § 94871

Explanation

This law section simply defines the term “year” as a calendar year.

“Year” means a calendar year.