Article 6Approval to Operate
Section § 94885
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.
Section § 94885.5
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.
Section § 94885.7
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.
Section § 94886
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.
Section § 94887
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.
Section § 94888
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.
Section § 94889
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).
Section § 94890
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.
Section § 94891
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.
Section § 94892
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.