Title EDC — California Educ. Code

“Enrollment” means the execution of an enrollment agreement.

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

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

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

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

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

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

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

“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 sa…

“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.

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

“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.

“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 9487…

“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 in…

“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.

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

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

“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.

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

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

“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 …

“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.

“Public institution of higher education” means any of the following: (a) An institution that meets the definition of subdivision (a) of Section 66010, including a district or campus of the California Community Colleges. (b) An institution operated by the United States government,…

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

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

“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.

“Satellite location” means an auxiliary classroom or teaching site within 50 miles of the branch or main location.

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

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

“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.

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

“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 outsi…

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

“Year” means a calendar year.

Except as provided in Sections 94874.2, 94874.7, and 94927.5, the following are exempt from this chapter: (a) An institution that offers solely avocational or recreational educational programs. (b) (1) An institution only offering educational programs to members of a bona fide tr…

(a) The bureau shall not verify the exemption from this chapter of, or contract for the complaint handling for, a nonprofit institution that operated as a for-profit institution during any period on or after January 1, 2010, unless the Attorney General verifies all of the followi…

Beginning January 1, 2016, an institution that is approved to participate in veterans’ financial aid programs pursuant to Section 21.4253 of Title 38 of the Code of Federal Regulations that is not an independent institution of higher education, as defined in subdivision (b) of Se…

An institution that is otherwise exempt from this chapter shall comply with the requirements of Section 94927.5.

The bureau shall establish, by regulation, a process pursuant to which an institution that is exempt from this chapter may request, and obtain, from the bureau verification that the institution is exempt. The verification shall be valid for a period of up to two years, as long as…

(a) An institution exempt from all or part of this chapter pursuant to subdivision (i) of Section 94874 or Section 94874.1 may apply to the bureau for an approval to operate pursuant to this section, but only subject to all of the following provisions: (1) The bureau may approve …

(a) An independent institution of higher education, as defined in Section 66010, that is exempt from this chapter pursuant to subdivision (i) of Section 94874 shall comply with all applicable state and federal laws, including laws relating to fraud, abuse, and false advertising. …

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…

(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…

(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) The bureau shall develop and implement an e…

(a) The bureau shall establish an internet website that includes at least all of the following information: (1) An explanation of the bureau’s scope of authority. (2) (A) A directory of approved institutions, and a link, if feasible, to the internet website of each institution. (…

(a) There is within the bureau a 12-member advisory committee. The members of the committee shall be appointed as follows: (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 Spe…

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.

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 actua…

(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 act…

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