Section § 94875

Explanation

This law states that the Bureau for Private Postsecondary Education, created in 2007, is still active and must carry out its duties as outlined. Its main role is to oversee private postsecondary schools by using the powers and responsibilities given to it by the law. The bureau's top priority is to protect the public, even over other interests.

The Bureau for Private Postsecondary Education, as established by Section 6 of Chapter 635 of the Statutes of 2007, is continued in existence and shall commence operations. This chapter establishes the functions and responsibilities of the bureau, for the purposes of Section 6 of Chapter 635 of the Statutes of 2007. The bureau shall regulate private postsecondary educational institutions through the powers granted, and duties imposed, by this chapter. In exercising its powers, and performing its duties, the protection of the public shall be the bureau’s highest priority. If protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 94876

Explanation

This law outlines the responsibilities and structure of the Bureau under the Director of Consumer Affairs. The Director has overall authority and can delegate responsibilities to a bureau chief, who must work closely with them. The bureau chief is appointed by the Governor and must be confirmed by the Senate. They are exempt from normal state hiring rules. This chief has the authority to delegate tasks to others but must follow any guidelines set by the Director. The Director can also hire and set salaries for staff as needed to fulfill the bureau's duties.

(a)CA Education Code § 94876(a) The powers and duties set forth in this chapter are vested in the Director of Consumer Affairs, who may delegate them to a bureau chief, subject to this section. The bureau chief shall work in collaboration with the director. The director is responsible for the implementation of this chapter and they shall ensure that the protection of the public is the bureau’s highest priority.
(b)CA Education Code § 94876(b) The bureau chief shall be appointed by the Governor, subject to confirmation by the Senate, and is exempt from the State Civil Service Act pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code.
(c)CA Education Code § 94876(c) Each power granted to, or duty imposed upon, the bureau under this chapter shall be exercised and performed in the name of the bureau, subject to any conditions and limitations the director may prescribe. The bureau chief may delegate any powers or duties to a designee.
(d)CA Education Code § 94876(d) As may be necessary to carry out this chapter, the director, in accordance with the State Civil Service Act, may appoint and fix the compensation of personnel.

Section § 94877

Explanation

This law mandates that the bureau create and enforce rules according to the Administrative Procedure Act. It must also set up an enforcement program to handle complaints, ensuring the staff is trained to gather necessary information and evidence. Part of the bureau's duty involves training staff to check the accuracy of details in consumer disclosures like the School Performance Fact Sheet. Additionally, the bureau should proactively find unlicensed institutions and address serious or repeated legal breaches.

(a)CA Education Code § 94877(a) The bureau shall adopt and shall enforce regulations to implement this chapter pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(b)CA Education Code § 94877(b) The bureau shall develop and implement an enforcement program, pursuant to Article 18 (commencing with Section 94932) to implement this chapter. The enforcement program shall include a plan for investigating complaints filed with the bureau. The bureau shall contract with the office of the Attorney General, or other appropriate state agency, to establish a process for the bureau’s staff to be trained to investigate complaints, including, but not limited to, the information, evidence, and materials needed to process complaints.
(c)CA Education Code § 94877(c) The bureau shall institute training to ensure that its staff are equipped to review and verify the accuracy of the data contained in consumer disclosures, including, but not limited to, the School Performance Fact Sheet.
(d)CA Education Code § 94877(d) The bureau shall establish a program to proactively identify unlicensed institutions, identify material or repeated violations of this chapter and regulations implementing this chapter, and take all appropriate legal action.

Section § 94878

Explanation

The bureau is required to set up and maintain a website where users can find essential information about postsecondary institutions. This site will provide details such as the bureau’s authority, a list of approved schools with links, each institution’s operational status, and various reports like performance sheets and catalogs. Furthermore, it will disclose any school's disciplinary history, including past and pending legal and regulatory actions. The website must be updated at least once a year.

Additionally, the bureau will list schools denied approval to operate, explaining why they were rejected, and advising against attendance at these non-compliant schools.

(a)CA Education Code § 94878(a) The bureau shall establish an internet website that includes at least all of the following information:
(1)CA Education Code § 94878(a)(1) An explanation of the bureau’s scope of authority.
(2)Copy CA Education Code § 94878(a)(2)
(A)Copy CA Education Code § 94878(a)(2)(A) A directory of approved institutions, and a link, if feasible, to the internet website of each institution.
(B)CA Education Code § 94878(a)(2)(A)(B) For each institution, the directory shall be developed in a manner that allows the user to search by institution and shall include all of the following information:
(i)CA Education Code § 94878(a)(2)(A)(B)(i) The status of the institution’s approval to operate.
(ii)CA Education Code § 94878(a)(2)(A)(B)(ii) The information provided by the institutions, including, but not limited to, the annual report, as required by Section 94934, including the school catalog and the School Performance Fact Sheet. The School Performance Fact Sheet shall be maintained on the directory for at least five years after the date of its submission to the bureau.
(iii)CA Education Code § 94878(a)(2)(A)(B)(iii) If a law school satisfies the requirements of this chapter regarding a School Performance Fact Sheet by complying with the requirements of Section 94910.5, the bureau shall include the information provided by the institution pursuant to Section 94910.5 on its internet website and shall maintain the information in the same manner as required by clause (ii).
(iv)CA Education Code § 94878(a)(2)(A)(B)(iv) The disciplinary history of the institution, which shall include, but shall not be limited to, all of the following:
(I)CA Education Code § 94878(a)(2)(A)(B)(iv)(I) Pending formal accusations filed by the bureau.
(II) Suspensions, revocations, citations, fines, infractions, probations, pending litigation filed by the bureau, and final judgments resulting from litigation filed by the bureau.
(III) Pending or final civil or criminal cases filed by the Attorney General, a city attorney, or a district attorney in this state, or filed in any state by an attorney general or a federal regulatory or prosecutorial agency of which the bureau has received notice.
(IV) Final administrative actions by the United States Department of Education, including orders requiring restitution to students.
(V)CA Education Code § 94878(a)(2)(A)(B)(iv)(V) All disciplinary actions ordered by an accreditation agency, including any order to show cause, of which the bureau has received notice pursuant to Section 94934 or other information otherwise publicly available of which the bureau has received notice.
(b)CA Education Code § 94878(b) The bureau shall maintain the internet website described in subdivision (a). The bureau shall ensure that the information specified in subdivision (a) is kept current. The bureau shall update the internet website at least annually, to coincide with the submission of annual reports by the institutions pursuant to Section 94934.
(c)Copy CA Education Code § 94878(c)
(1)Copy CA Education Code § 94878(c)(1) The bureau shall post on its internet website a list of all institutions that were denied approval to operate, after the denial is final, and describe in clear and conspicuous language the reason the institution was denied approval. The bureau shall include with this list the statement provided in paragraph (2) on its internet website:
(2)CA Education Code § 94878(c)(2) “The following institutions were denied approval to operate by the Bureau for Private Postsecondary Education for failing to satisfy the standards relating to educational quality, or consumer protection, or both. These unlicensed institutions are not operating in compliance with the law, and students are strongly discouraged from attending these institutions.”

Section § 94880

Explanation

This section outlines the creation and operation of a 12-member advisory committee within a bureau. The committee comprises consumer advocates, students, institution representatives, and public members, all appointed by various officials like the director and legislative leaders. It includes nonvoting members who are policy committee chairs.

Members must avoid financial conflicts of interest and can't have close ties to regulated institutions or the education industry. The advisory committee is responsible for reviewing and advising on the bureau’s policies, especially those affecting private postsecondary education. It meets at least quarterly, ensuring public access to its meetings and materials as per the Bagley-Keene Open Meeting Act.

The bureau must involve the advisory committee in regulations development and respond to its feedback. Various officials from the bureau are required to attend meetings, and the committee has access to relevant records. Members appoint a chair and vice chair and adopt rules for their operations.

(a)CA Education Code § 94880(a) There is within the bureau a 12-member advisory committee. The members of the committee shall be appointed as follows:
(1)CA Education Code § 94880(a)(1) Three members, who shall have a demonstrated record of advocacy on behalf of consumers, of which the director, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint one member.
(2)CA Education Code § 94880(a)(2) Two members, who shall be current or past students of institutions, appointed by the director.
(3)CA Education Code § 94880(a)(3) Three members, who shall be representatives of institutions, appointed by the director.
(4)CA Education Code § 94880(a)(4) One public member appointed by the Senate Committee on Rules.
(5)CA Education Code § 94880(a)(5) One public member appointed by the Speaker of the Assembly.
(6)CA Education Code § 94880(a)(6) Two nonvoting, ex officio members as follows:
(A)CA Education Code § 94880(a)(6)(A) The chair of a policy committee of the Assembly with jurisdiction over legislation relating to the bureau appointed by the Speaker of the Assembly. The chair may designate a representative for any meeting or meetings the chair is unable to attend.
(B)CA Education Code § 94880(a)(6)(B) The chair of a policy committee of the Senate with jurisdiction over legislation relating to the bureau appointed by the Senate Committee on Rules. The chair may designate a representative for any meeting or meetings the chair is unable to attend.
(b)Copy CA Education Code § 94880(b)
(1)Copy CA Education Code § 94880(b)(1) A member appointed pursuant to paragraph (2), (4), or (5) of subdivision (a) shall not, either at the time of the member’s appointment or during the member’s tenure in office, have any financial interest in any organization currently or previously subject to regulation by the bureau, be a close family member of an employee, officer, or the director of any institution subject to regulation by the bureau, or currently have, or previously have had, a business relationship, in the five years preceding the member’s appointment, with any institution subject to regulation by the bureau.
(2)CA Education Code § 94880(b)(2) A member appointed pursuant to paragraph (2), (4), or (5) of subdivision (a) shall not, within the five years immediately preceding the member’s appointment, have engaged in pursuits on behalf of an institution or institutional accreditor or have provided representation to the postsecondary educational industry or a profession regulated by the bureau, if the member is employed in the industry or a member of the profession, respectively, and the member shall not engage in those pursuits or provide that representation during the member’s term of office.
(c)CA Education Code § 94880(c) The advisory committee shall examine the oversight functions and operational policies of the bureau and advise the bureau with respect to matters relating to private postsecondary education and the administration of this chapter, including annually reviewing the fee schedule and the equity of the schedule relative to the way institutions are structured, and the licensing and enforcement provisions of this chapter. The advisory committee shall make recommendations with respect to policies, practices, and regulations relating to private postsecondary education, and shall provide any assistance as may be requested by the bureau.
(d)CA Education Code § 94880(d) The bureau shall actively seek input from, and consult with, the advisory committee regarding the development of regulations to implement this chapter before the adoption, amendment, or repeal of its regulations, and provide the advisory committee with sufficient time to review and comment on those regulations. The bureau shall take into consideration and respond to all feedback provided by members of the advisory committee.
(e)CA Education Code § 94880(e) The bureau chief shall attend all advisory committee meetings and shall designate staff to provide ongoing administrative support to the advisory committee.
(f)CA Education Code § 94880(f) Until January 1, 2017, the director shall personally attend, and testify and answer questions at, each meeting of the advisory committee.
(g)CA Education Code § 94880(g) The Chief of the Office of Student Assistance and Relief established in Article 20.6 (commencing with Section 94949.7) shall attend, and testify and answer questions at, each meeting of the advisory committee.
(h)CA Education Code § 94880(h) The advisory committee shall have the same access to records within the Department of Consumer Affairs related to the operation and administration of this chapter as do members of constituent boards of the department in regard to records related to their functions.
(i)CA Education Code § 94880(i) Advisory committee meetings shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). Advisory committee meeting materials shall be posted on the internet. A majority of the voting members of the committee shall constitute a quorum for the committee’s meetings.
(j)CA Education Code § 94880(j) The advisory committee shall meet at least quarterly and shall appoint a member of the committee to represent the committee for purposes of communicating with the Legislature.
(k)CA Education Code § 94880(k) The Department of Consumer Affairs shall review, and revise if necessary, the department’s conflicts of interest regulations to ensure that each advisory committee member is required to disclose conflicts of interest to the public.
(l)CA Education Code § 94880(l) The advisory committee shall elect annually from among its members a chair and vice chair. A member shall not serve in the chair or vice chair position for more than a combined two years.
(m)CA Education Code § 94880(m) The advisory committee shall adopt reasonable rules for the conduct of its affairs consistent with this section.

Section § 94880.1

Explanation

This California law required the creation of a task force by March 1, 2015, to review and recommend standards for educational programs in high-demand technology fields where skilled workers are lacking. The task force could include education experts, tech employers, and more, focusing on areas like coding and software development.

The task force was to report its recommendations by January 1, 2016, covering subjects like necessary disclosures for students, how student success is reported, and how to support high-quality tech training programs. This report would then be reviewed by an advisory committee and submitted to the Legislature by July 1, 2016, but this requirement would become inactive in 2017.

(a)Copy CA Education Code § 94880.1(a)
(1)Copy CA Education Code § 94880.1(a)(1) The bureau shall establish a task force no later than March 1, 2015, to review standards for educational and training programs specializing in innovative subject matters and instructing students in high-demand technology fields for which there is a demonstrated shortage of skilled employees. The members of the task force may include postsecondary education experts, owners of institutions, consumer advocates focused on education, high technology employers, students of short-term focused high technology training programs, and providers of high technology training in subjects including, but not necessarily limited to, programming, software development, computer science, and coding.
(2)CA Education Code § 94880.1(a)(2) At least two members of the task force shall be members of the advisory committee. One of these members shall serve as chair of the task force.
(3)CA Education Code § 94880.1(a)(3) The task force shall transmit a report with its recommendations and findings to the advisory committee no later than January 1, 2016. The task force’s report shall include, but not necessarily be limited to, all of the following:
(A)CA Education Code § 94880.1(a)(3)(A) Whether students attending institutions should receive certain disclosures prior to enrolling in an educational program offered by those institutions.
(B)CA Education Code § 94880.1(a)(3)(B) Whether the means of reporting student outcomes and the content of those reports are appropriate.
(C)CA Education Code § 94880.1(a)(3)(C) The steps the state may take to promote the growth of high-quality training programs in skills for high technology occupations.
(b)CA Education Code § 94880.1(b) The advisory committee shall review and approve, modify, or reject the report prepared pursuant to paragraph (3) of subdivision (a). The bureau shall provide the approved report to the Legislature no later than July 1, 2016.
(c)CA Education Code § 94880.1(c) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2017, pursuant to Section 10231.5 of the Government Code.
(d)CA Education Code § 94880.1(d) The report to be submitted to the Legislature pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.

Section § 94881

Explanation

This section allows the bureau to hold workshops for schools and applicants to explain how to apply, follow the rules, and offer quality education. These workshops can also cover other topics related to postsecondary education.

The bureau may conduct workshops to provide applicants and institutions information on application processes, compliance with this chapter, best practices for providing postsecondary educational programs, and other subjects concerning postsecondary education.

Section § 94882

Explanation

This law allows a government bureau to form visiting committees to help assess a school's application to operate. Members of these committees don't charge the state for their service, but the bureau may cover their travel and daily expenses. However, the bureau can ask the school being evaluated to pay back these travel and expense costs.

The bureau may empanel visiting committees to assist in evaluating an institution’s application for an approval to operate. The members of visiting committees shall serve at no expense to the state, except that the bureau may reimburse the members of visiting committees for actual travel and per diem expenses incurred during the evaluation. The bureau may seek reimbursement for the travel and per diem costs from the institution that is the subject of an evaluation.

Section § 94883

Explanation

If you're part of a committee reviewing an educational institution in California and you provide information or testify during an administrative hearing, you're protected as though you're a public employee. This protection includes legal defense and indemnification, meaning the state will cover your legal costs and liabilities related to your involvement.

(a)CA Education Code § 94883(a) Any individual serving on a visiting committee who provides information to the bureau, or its staff, in the course of evaluating any institution, or who testifies in any administrative hearing arising under this chapter, is entitled to a defense and indemnification in any action arising out of the information or testimony provided as if they were a public employee.
(b)CA Education Code § 94883(b) Any defense and indemnification shall be solely with respect to the action pursuant to Article 4 (commencing with Section 825) of Chapter 1 of Part 2 of, and Part 7 (commencing with Section 995) of, Division 3.6 of Title 1 of the Government Code.

Section § 94884

Explanation

This section of the law states that the bureau must follow the rules outlined in Section 27 of the Business and Professions Code.

The bureau is subject to Section 27 of the Business and Professions Code.