Section § 94885

Explanation

This law sets minimum operational standards for educational institutions in California to ensure quality education and compliance with legal requirements. Schools must have educational programs with clear objectives, maintain appropriate admission standards, and provide adequate facilities and materials. They need to have a withdrawal policy with refunds, and ensure that their staff is qualified. Financial stability is crucial, and institutions must issue diplomas upon program completion while keeping proper records. Institutions offering degrees must be accredited by a recognized agency, or have a plan to gain accreditation within five years. If their accrediting agency loses recognition, they must submit a new application and plan to the bureau within six months, or they risk losing the right to operate degree programs.

(a)CA Education Code § 94885(a) The bureau shall adopt by regulation minimum operating standards for an institution that shall reasonably ensure that all of the following occur:
(1)CA Education Code § 94885(a)(1) The content of each educational program can achieve its stated objective.
(2)CA Education Code § 94885(a)(2) The institution maintains specific written standards for student admissions for each educational program and those standards are related to the particular educational program.
(3)CA Education Code § 94885(a)(3) The facilities, instructional equipment, and materials are sufficient to enable students to achieve the educational program’s goals.
(4)CA Education Code § 94885(a)(4) The institution maintains a withdrawal policy and provides refunds.
(5)CA Education Code § 94885(a)(5) The directors, administrators, and faculty are properly qualified.
(6)CA Education Code § 94885(a)(6) The institution is financially sound and capable of fulfilling its commitments to students.
(7)CA Education Code § 94885(a)(7) That, upon satisfactory completion of an educational program, the institution gives students a document signifying the degree or diploma awarded.
(8)CA Education Code § 94885(a)(8) Adequate records and standard transcripts are maintained and are available to students.
(9)CA Education Code § 94885(a)(9) The institution is maintained and operated in compliance with this chapter and all other applicable ordinances and laws.
(b)CA Education Code § 94885(b) Except as provided in Section 94885.1, an institution offering a degree must satisfy one of the following requirements:
(1)CA Education Code § 94885(b)(1) Accreditation by an accrediting agency recognized by the United States Department of Education, with the scope of that accreditation covering the offering of at least one degree program by the institution.
(2)CA Education Code § 94885(b)(2) An accreditation plan, approved by the bureau, for the institution to become fully accredited within five years of the bureau’s issuance of a provisional approval to operate to the institution’s degree programs. The provisional approval for the unaccredited institution to operate degree programs shall be in compliance with Section 94885.5.
(c)CA Education Code § 94885(c) For institutions that are approved by means of accreditation and accredited by an agency that loses recognition by the United States Department of Education, an application for approval to operate an institution unaccredited shall be submitted to the bureau within six months of the agency’s loss of recognition. The application shall include an accreditation plan for the institution to become fully accredited by an accrediting agency recognized by the United States Department of Education within five years of the bureau’s issuance to the institution of a provisional approval to operate degree programs. If the institution fails to submit the required application and accreditation plan within six months of its accreditor’s loss of recognition, the institution shall cease to hold a valid approval to operate. The bureau shall review the submitted application and accreditation plan and issue the institution a provisional approval to operate degree programs within 18 months of the accreditor’s loss of recognition or deny the application, at which time the institution shall cease to hold a valid approval to operate. An unaccredited institution with a provisional approval to operate degree programs shall comply with Section 94885.5, except for paragraph (1) of subdivision (a) of Section 94885.5. The institution shall not seek bureau approval for additional degree programs until the institution regains accreditation.

Section § 94885.5

Explanation

If a college or university in California wants to offer degree programs and isn't yet accredited, they must meet certain conditions for a temporary approval. First, they can only offer up to two degree programs while in this provisional status. They need to have a plan to get fully accredited within five years and begin the process within two years. Any documentation to prove progress towards accreditation must be submitted to the accreditation bureau.

Furthermore, they must inform students that their degree approval is not permanent and depends on future accreditation. A review committee will check the institution's progress. If the institution can't meet deadlines for accreditation, its provisional approval will be suspended, stopping new student enrollments.

Colleges can cease pursuing accreditation voluntarily but must follow legal requirements. They can still run non-degree programs. Changing ownership or structure isn't allowed until full accreditation is achieved. Extensions for accreditation deadlines can be requested if substantial progress is made. Lastly, emergency rules will be set up to enforce these regulations.

(a)CA Education Code § 94885.5(a) If an institution that has not been accredited by an accrediting agency recognized by the United States Department of Education seeks to offer one or more degree programs, the institution shall satisfy the following requirements in order to be issued a provisional approval to operate degree programs from the bureau:
(1)CA Education Code § 94885.5(a)(1) The institution may not offer more than two degree programs during the term of its provisional approval to operate degree programs.
(2)CA Education Code § 94885.5(a)(2) The institution shall submit an accreditation plan, approved by the bureau, for the institution to become fully accredited within five years of issuance of its provisional approval to operate degree programs. The plan shall include, at a minimum, identification of an accreditation agency recognized by the United States Department of Education, from which the institution plans to seek accreditation, and outline the process by which the institution will achieve accreditation candidacy or pre-accreditation within two years, and full accreditation within five years, of issuance of its provisional approval to operate degree programs.
(3)CA Education Code § 94885.5(a)(3) The institution shall submit to the bureau all additional documentation the bureau deems necessary to determine if the institution will become fully accredited within five years of issuance of its provisional approval to operate degree programs.
(b)CA Education Code § 94885.5(b) If an institution is granted a provisional approval to operate degree programs pursuant to subdivision (a), the following is required:
(1)CA Education Code § 94885.5(b)(1) Students seeking to enroll in that institution shall be notified in writing by the institution, before the execution of the student’s enrollment agreement, that the institution’s approval to operate is contingent upon it being subsequently accredited.
(2)CA Education Code § 94885.5(b)(2) Within the first two years of issuance of the provisional approval to operate degree programs, a visiting committee, empaneled by the bureau pursuant to Section 94882, shall review the institution’s application for approval and its accreditation plan, and make a recommendation to the bureau regarding the institution’s progress to achieving full accreditation.
(3)CA Education Code § 94885.5(b)(3) The institution shall provide evidence of accreditation candidacy or pre-accreditation within two years of issuance of its provisional approval to operate degree programs, and evidence of accreditation within five years of issuance of its provisional approval to operate degree programs, with the scope of that accreditation covering the offering of at least one degree program.
(c)Copy CA Education Code § 94885.5(c)
(1)Copy CA Education Code § 94885.5(c)(1) Except as provided in paragraph (2), an institution required to comply with this section that fails to do so by the dates provided, as required, or for which accreditation is removed or revoked by the accrediting agency, shall have its provisional approval to operate degree programs automatically suspended on the applicable date. The bureau shall issue an order suspending the institution’s degree programs and that suspension shall not be lifted until the institution complies with the requirements of this section or has its accreditation reinstated. An institution that has its degree programs suspended shall not enroll new students in any of its degree programs and shall execute a teach-out plan for its enrolled students in those degree programs.
(2)Copy CA Education Code § 94885.5(c)(2)
(A)Copy CA Education Code § 94885.5(c)(2)(A) This section does not prohibit an institution from voluntarily ceasing to pursue accreditation. An institution that voluntarily ceases to pursue accreditation shall immediately notify the bureau in writing of the institution’s intent to stop offering its degree programs and shall comply with all other applicable laws and regulations. Upon the bureau’s receipt of the notification, the institution’s approval to operate degree programs is deemed voluntarily surrendered.
(B)CA Education Code § 94885.5(c)(2)(A)(B) An institution offering both degree and nondegree programs that has its provisional approval to operate degree programs suspended or that voluntarily ceases to pursue accreditation may continue to offer its nondegree programs, subject to all other laws and regulations.
(C)CA Education Code § 94885.5(c)(2)(A)(C) An institution that is pursuing accreditation under this section shall not make a change in ownership, change in control, or change in business organization form pursuant to Sections 94893 and 94894 until the institution obtains full accreditation.
(d)Copy CA Education Code § 94885.5(d)
(1)Copy CA Education Code § 94885.5(d)(1) The bureau shall, upon the timely submission of sufficient evidence that an unaccredited institution is making strong progress toward obtaining accreditation, or if warranted by the accrediting agency’s conditions for applying for accreditation related to student enrollment or graduation, grant an institution’s request for an extension of time, not to exceed a combined total of five years, to meet the requirements of this section.
(2)CA Education Code § 94885.5(d)(2) Evidence submitted to the bureau pursuant to paragraph (1) shall include, but is not limited to, an amended accreditation plan adequately identifying why preaccreditation, accreditation candidacy, or accreditation outlined in the original plan submitted to the bureau was not achieved, active steps the institution is taking to comply with this section, and documentation from an accrediting agency demonstrating either the institution’s likely ability to meet the requirements of this section or the accrediting agency’s relevant conditions for an institution to apply for accreditation.
(3)CA Education Code § 94885.5(d)(3) The bureau may establish policies and procedures to comply with the requirements in this subdivision. Establishment of these policies and procedures are exempt from Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(e)CA Education Code § 94885.5(e) An institution issued a provisional approval to operate degree programs under this section is required to comply with all other laws and regulations.
(f)CA Education Code § 94885.5(f) The bureau shall adopt emergency regulations for purposes of implementing this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. These emergency regulations shall become law through the regular rulemaking process within one year of the enactment of this section.

Section § 94885.7

Explanation

If a school offering degree programs loses its accreditation, it must inform the relevant authorities within seven days, and its permission to run degree programs becomes temporary. The school cannot apply for new programs until it's accredited again and must submit an accreditation plan within six months, aiming for full accreditation within five years. Schools must also provide necessary documents and inform prospective students about its provisional status.

An oversight committee will review the school's progress within two years. Schools can request more time to meet the requirements if they can prove significant progress. If requirements aren't met on time, the school’s provisional approval is suspended, stopping new student enrollments, and a teach-out plan for current students is needed.

Schools may voluntarily stop pursuing accreditation, notifying authorities, and then they must cease degree programs. They can continue non-degree programs but cannot change ownership or structure until fully accredited.

(a)CA Education Code § 94885.7(a) When an institution offering at least one degree program has ceased to be accredited by an accrediting agency recognized by the United States Department of Education, the institution shall notify the bureau immediately, but no more than seven days after it ceases to be accredited. The institution’s approval to operate degree programs shall become provisional as of the date that the institution ceases to be accredited.
(b)CA Education Code § 94885.7(b) An institution that has had its approval to operate degree programs become provisional shall satisfy the following requirements in order to maintain its provisional approval to operate degree programs from the bureau:
(1)CA Education Code § 94885.7(b)(1) The institution shall not seek bureau approval for additional degree programs until the institution regains accreditation.
(2)CA Education Code § 94885.7(b)(2) Within six months of its approval to operate degree programs becoming provisional, the institution shall submit an accreditation plan, to be approved by the bureau, for the institution to become fully accredited within five years of the date of its provisional approval to operate degree programs. The plan shall include, at a minimum, identification of an accreditation agency recognized by the United States Department of Education, from which the institution plans to seek accreditation, and outline the process by which the institution will achieve accreditation candidacy or pre-accreditation within two years, and full accreditation within five years, of its provisional approval to operate degree programs.
(3)CA Education Code § 94885.7(b)(3) The institution shall submit to the bureau all additional documentation the bureau deems necessary to determine if the institution will become fully accredited within five years of its approval to operate degree programs being deemed provisional.
(c)CA Education Code § 94885.7(c) An institution that satisfies the requirements of subdivision (b) shall comply with both of the following:
(1)CA Education Code § 94885.7(c)(1) Notify students seeking to enroll in the institution, in writing, before the execution of the student’s enrollment agreement, that the institution’s approval to operate a degree program is contingent upon the institution being subsequently accredited.
(2)CA Education Code § 94885.7(c)(2) Within the first two years of the institution’s approval to operate degree programs being deemed provisional, a visiting committee, empaneled by the bureau pursuant to Section 94882, shall review the institution’s documentation of provisional approval and its accreditation plan, and make a recommendation to the bureau regarding the institution’s progress toward achieving full accreditation.
(d)Copy CA Education Code § 94885.7(d)
(1)Copy CA Education Code § 94885.7(d)(1) The bureau shall, upon the timely submission of sufficient evidence that an unaccredited institution is making strong progress toward obtaining accreditation, grant an institution’s request for an extension of time, not to exceed five years in total, to meet the requirements of this section.
(2)CA Education Code § 94885.7(d)(2) Evidence submitted to the bureau pursuant to paragraph (1) shall include, but is not limited to, an amended accreditation plan adequately identifying why pre-accreditation, accreditation candidacy, or accreditation outlined in the original plan submitted to the bureau was not achieved, active steps the institution is taking to comply with this section, and documentation from an accrediting agency demonstrating the institution’s likely ability to meet the requirements of this section.
(3)CA Education Code § 94885.7(d)(3) The bureau may establish policies and procedures to comply with the requirements of this subdivision. Establishment of these policies and procedures are exempt from Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(e)CA Education Code § 94885.7(e) Any institution that fails to comply with the requirements of this section by the dates provided shall have its provisional approval to operate degree programs automatically suspended on the applicable date. The bureau shall issue an order suspending the institution’s provisional approval to operate degree programs and that suspension shall not be lifted until the institution complies with the requirements of this section or has its accreditation reinstated. An institution with a suspended provisional approval to operate degree programs shall not enroll new students in any of its degree programs and shall execute a teach-out plan for its enrolled students.
(f)Copy CA Education Code § 94885.7(f)
(1)Copy CA Education Code § 94885.7(f)(1) This section does not prohibit an institution from voluntarily ceasing to pursue accreditation. An institution that voluntarily ceases to pursue accreditation shall immediately notify the bureau in writing of the institution’s intent to stop offering its degree programs and shall comply with all other applicable laws and regulations. Upon the bureau’s receipt of the notification, the institution’s approval to operate degree programs is deemed voluntarily surrendered.
(2)CA Education Code § 94885.7(f)(2) An institution offering both degree and nondegree programs that has its provisional approval to operate degree programs suspended or that voluntarily ceases to pursue accreditation may continue to offer its nondegree programs and is subject to all other laws and regulations.
(3)CA Education Code § 94885.7(f)(3) An institution that is pursuing accreditation under this section shall not make a change in ownership, change in control, or change in business organization form pursuant to Sections 94893 and 94894 until the institution obtains full accreditation.

Section § 94886

Explanation

This California law requires anyone who wants to start or run a private postsecondary school in the state to first get approval to operate. There are some exceptions and transition rules, but generally, you cannot open such a school without this approval.

Except as exempted in Article 4 (commencing with Section 94874) or in compliance with the transition provisions in Article 2 (commencing with Section 94802), a person shall not open, conduct, or do business as a private postsecondary educational institution in this state without obtaining an approval to operate under this chapter.

Section § 94887

Explanation

This law specifies that a school or institution can only get permission to operate after showing enough proof that it meets certain standards. The bureau needs to check and confirm this information, possibly by visiting the site. If an institution doesn't meet these standards, its application will be denied. Additionally, the bureau can refuse to allow a school to operate if it's connected to people involved in past misconduct leading to discipline or closure of another school.

An approval to operate shall be granted only after an applicant has presented sufficient evidence to the bureau, and the bureau has independently verified the information provided by the applicant through site visits or other methods deemed appropriate by the bureau, that the applicant has the capacity to satisfy the minimum operating standards. The bureau shall deny an application for an approval to operate if the application does not satisfy those standards. The bureau may deny an application for an approval to operate institutions that would be owned by, have persons in control of, or employ institution managers that had knowledge of, should have known, or knowingly participated in any conduct that was the cause for revocation or unmitigated discipline at another institution.

Section § 94888

Explanation

This law section requires the bureau to set up rules for how schools can apply for approval to operate. It also details how the bureau will approve or deny those applications and how schools can challenge a denial.

The bureau must create a system for telling schools why their application was denied and set timelines for processing applications. If a school submits a complete application, the bureau should review this within 30 days, or a suitable timeframe, and give approval if everything checks out.

(a)CA Education Code § 94888(a) The bureau shall adopt by regulation both of the following:
(1)CA Education Code § 94888(a)(1) The process and procedures whereby an institution seeking approval to operate may apply for and obtain an approval to operate.
(2)CA Education Code § 94888(a)(2) The process and procedures governing the bureau’s approval and denial of applications for approval to operate, including the process and procedures whereby an applicant for which an application has been denied may appeal that denial.
(b)CA Education Code § 94888(b) The bureau shall, by regulation, establish both of the following:
(1)CA Education Code § 94888(b)(1) A process for issuing a notification of a denial of an approval to operate to an institution that submits an application for approval to operate and for which that application is denied. The notification of denial shall include a statement of reasons for the denial.
(2)CA Education Code § 94888(b)(2) Application processing goals and timelines to ensure an institution that has submitted a complete application for approval to operate has that application promptly reviewed for compliance within 30 days of bureau receipt of the application, or within an appropriate timeline as determined by the bureau. The timelines shall ensure that an institution that has submitted a complete and compliant application receives approval within 30 days of the application being deemed compliant by the bureau, or within an appropriate timeline as determined by the bureau.

Section § 94889

Explanation

This law states that, in general, a license or approval for a business or institution to operate is valid for five years. However, there might be exceptions as noted in a different section (94890, subdivision b).

Except as provided in subdivision (b) of Section 94890, an approval to operate shall be for a term of five years.

Section § 94890

Explanation

If a school is accredited, it can get approval to operate from the bureau based on that accreditation.

The bureau will set up a system for schools to apply for this approval, aiming to review complete applications within 30 days.

The approval period matches the accreditation period. When a school renews its accreditation, it must inform the bureau using a form they provide.

Schools with this approval must still follow other relevant rules in the chapter.

(a)Copy CA Education Code § 94890(a)
(1)Copy CA Education Code § 94890(a)(1) The bureau shall grant an institution that is accredited an approval to operate by means of its accreditation.
(2)CA Education Code § 94890(a)(2) The bureau shall adopt by regulation the process and procedures whereby an institution that is accredited may apply for and obtain an approval by means of that accreditation. The bureau shall establish application processing goals and timelines to ensure that an institution that has submitted a complete application for approval to operate by means of its accreditation has that application promptly reviewed for compliance within 30 days of the bureau’s receipt of the application or within an appropriate timeline as determined by the bureau. The timelines shall ensure that an institution that has submitted a complete and compliant application receives approval within 30 days of the application being deemed compliant by the bureau, or within an appropriate timeline as determined by the bureau.
(b)CA Education Code § 94890(b) The term of an approval to operate pursuant to this section shall be coterminous with the term of accreditation. Upon renewal of the institution’s accreditation, the institution shall submit verification to the bureau, on a form provided by the bureau, that the institution’s accreditation has been renewed.
(c)CA Education Code § 94890(c) Institutions that are granted an approval to operate by means of the institution’s accreditation shall comply with all other applicable requirements in this chapter.

Section § 94891

Explanation

This law outlines the process for renewing a school's license to operate. To renew, the school must show it still meets the required standards. If a school's renewal application is denied, it can appeal the decision. During the appeal, the school can keep operating but must inform students in writing about the denial and possible closure if the appeal fails. If continuing operations could harm students, the bureau can take emergency action to stop the school from operating.

(a)CA Education Code § 94891(a) The bureau shall adopt by regulation the process and procedures whereby an institution may obtain a renewal of an approval to operate.
(b)CA Education Code § 94891(b) To be granted a renewal of an approval to operate, the institution shall demonstrate its continued capacity to meet the minimum operating standards.
(c)Copy CA Education Code § 94891(c)
(1)Copy CA Education Code § 94891(c)(1) An institution that is denied renewal of an approval to operate may file an appeal in accordance with the procedures established by the bureau pursuant to Section 94888.
(2)CA Education Code § 94891(c)(2) An institution that has filed an appeal of a denial of a renewal application 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 renewal of 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 § 94891(c)(3) If the bureau determines that the continued operation of the institution during the appeal process poses a significant risk of harm to students, the bureau shall make an emergency decision pursuant to its authority provided in Section 94938.

Section § 94892

Explanation

If a California state or federal agency, other than the bureau, approves an educational program and the institution already has approval from the bureau, that approval might fulfill the article's requirements without needing another bureau review. The bureau can include the program into the institution's existing approval once it gets the necessary paperwork showing the program's approval from the other agency.

If an agency of this state other than the bureau or of the federal government provides an approval to offer an educational program and the institution already has a valid approval to operate issued by the bureau, that agency’s educational program approval may satisfy the requirements of this article without any further review by the bureau. The bureau may incorporate that educational program into the institution’s approval to operate when the bureau receives documentation signifying the conferral of the educational program approval by that agency.