Article 5Bureau Powers and Duties
Section § 94875
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.
Section § 94876
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.
Section § 94877
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.
Section § 94878
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.
Section § 94880
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.
Section § 94880.1
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.
Section § 94881
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.
Section § 94882
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.
Section § 94883
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.
Section § 94884
This section of the law states that the bureau must follow the rules outlined in Section 27 of the Business and Professions Code.