reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 2 - California Educational Facilities Authority Act › ARTICLE 7 - Construction of Facilities › Section 94193.

94193. Moneys of the authority received from any participating private college, participating nonprofit entity, or university applicant in payment of any sum due to the authority pursuant to the terms of any loan or other agreement or any bond, note, or other evidence of indebtedness, shall be deposited in an account in which only moneys received from participating private colleges, participating nonprofit entities, or university applicants shall be deposited, and shall be kept separate and apart from and not commingled with any other moneys of the authority. Moneys deposited in that account shall be paid out on checks signed by the chairperson of the authority or by a person or persons authorized by the authority.
(Amended by Stats. 2022, Ch. 572, Sec. 28. (AB 190) Effective September 27, 2022.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 2 - California Educational Facilities Authority Act › ARTICLE 7 - Construction of Facilities › Section 94194.

94194. (a) Whenever the authority under Section 94190 undertakes to construct, acquire, or otherwise provide a project and to lease the same to a private college or university applicant the lessee shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the lessee which are incurred because of such project and for the integration of each project operation into the lessee’s educational program.
(b) Whenever the authority under Section 94191 makes loans for the construction of a project, the private college or university applicant at which such project is located shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the private college or university applicant which are incurred because of such project and for the integration of each project operation into the institution’s educational program.
(Amended by Stats. 2022, Ch. 572, Sec. 29. (AB 190) Effective September 27, 2022.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 2 - California Educational Facilities Authority Act › ARTICLE 7 - Construction of Facilities › Section 94195.

94195. Any pledge of moneys, earnings, income, or revenues authorized with respect to participating private colleges, participating nonprofit entities, or university applicants, pursuant to this chapter, shall be valid and binding from the time when the pledge is made. The moneys, earnings, income, or revenues so pledged and thereafter received by the pledgor shall immediately be subject to the lien of that pledge without any physical delivery thereof or further act. The lien of that pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the pledgor irrespective of whether the parties have notice thereof. No instrument by which a pledge is created need be filed or recorded in any manner.
(Amended by Stats. 2022, Ch. 572, Sec. 30. (AB 190) Effective September 27, 2022.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 2 - California Educational Facilities Authority Act › ARTICLE 8 - Construction › Section 94210.

94210. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 2 - California Educational Facilities Authority Act › ARTICLE 8 - Construction › Section 94211.

94211. Nothing contained in this chapter shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the state.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 2 - California Educational Facilities Authority Act › ARTICLE 8 - Construction › Section 94212.

94212. (a) This chapter shall be deemed to provide a complete, additional, and alternative method for doing the things authorized by this chapter, and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this chapter need not comply with any other law applicable to the issuance of bonds including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code.
(b) Except as otherwise provided in subdivision (a), a project that is financed in accordance with this chapter shall not be exempt from any provision of law that is otherwise applicable to the project, and the applicant shall provide documentation, before the authority approves the issuance of bonds for the project, that the project has complied with Division 13 (commencing with Section 21000) of the Public Resources Code, or is not a project under that division.
(Amended by Stats. 2006, Ch. 714, Sec. 1. Effective September 29, 2006.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 2 - California Educational Facilities Authority Act › ARTICLE 8 - Construction › Section 94213.

94213. The powers granted to the authority by this chapter may be exercised without regard or reference to any department or agency of the state. All other general or special laws, or parts thereof, inconsistent with this chapter are hereby declared to be inapplicable to the provisions of this chapter.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 3.2 - Accommodation of Religious Creed › Section 94355.

94355. (a) As a condition of doing business in this state, each postsecondary educational institution governed by Chapter 7 (commencing with Section 94700), and each organization that administers educational testing for use in the admissions process by any public or private postsecondary educational institution, shall, in administering any test or examination, permit any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed.
(b) This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship which could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship that could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution.
(c) This section shall become operative on January 1, 1997.
(Repealed (in Sec. 283) and added by Stats. 1995, Ch. 758, Sec. 283.5. Effective January 1, 1996. Section operative January 1, 1997, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 3.3 - Speech and Other Communication › Section 94367.

94367. (a) No private postsecondary educational institution shall make or enforce a rule subjecting a student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility of a private postsecondary institution, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution.
(b) A student enrolled in a private postsecondary institution at the time that the institution has made or enforced any rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section.
(c) This section does not apply to a private postsecondary educational institution that is controlled by a religious organization, to the extent that the application of this section would not be consistent with the religious tenets of the organization.
(d) This section does not authorize the prior restraint of student speech.
(e) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected.
(f) This section does not prohibit an institution from adopting rules and regulations that are designed to prevent hate violence, as defined in subdivision (a) of Section 4 of Chapter 1363 of the Statutes of 1992, from being directed at students in a manner that denies them their full participation in the educational process, so long as the rules and regulations conform to standards established by the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution for citizens generally.
(Amended by Stats. 2008, Ch. 525, Sec. 5. Effective January 1, 2009.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 3.7 - Student Safety › Section 94380.

94380. Each private postsecondary educational institution with a full-time equivalency enrollment of over 1,000 and private vocational educational institution shall do all of the following:
(a) Require the appropriate officials at each campus of their respective institutions to compile records of all occurrences reported to police or campus authorities, and arrests for crimes involving violence, theft, or destruction of property, or illegal drugs or alcoholic intoxication that happen on the campus.
(b) Make the information compiled pursuant to subdivision (a) available on the request of any student or employee of, or applicant for admission to, any campus of their respective institutions.
(c) Require the appropriate officials at each campus of their respective institutions to prepare, prominently post, and copy for distribution on request a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For the purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students.
(Amended by Stats. 1993, Ch. 8, Sec. 53. Effective April 15, 1993.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 3.7 - Student Safety › Section 94385.

94385. (a) Each private postsecondary educational institution and private vocational educational institution shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. If appropriate on-campus treatment facilities are unavailable, the written procedure or protocols may provide for referrals to local community treatment centers.
(b) The written procedures or protocols adopted pursuant to subdivision (a) shall contain at least the following information:
(1) The college policy regarding sexual assault on campus.
(2) Personnel on campus who should be notified, and procedures for notification, with the consent of the victim.
(3) Legal reporting requirements, and procedures for fulfilling them.
(4) Services available to victims, and personnel responsible for providing these services, such as the person assigned to transport the victim to the hospital, to refer the victim to a counseling center, and to notify the police, with the victim’s concurrence.
(5) A description of campus resources available to victims, as well as appropriate off-campus services.
(6) Procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual assault, and the results of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact.
(7) Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students, and parents.
(8) Each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, the disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives.
(c) For the purposes of this section, “sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.
(Amended by Stats. 1993, Ch. 8, Sec. 55. Effective April 15, 1993.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94400.

94400. Whenever any benevolent, religious, or fraternal organization or society, having a grand lodge, assembly, conference, or other legislative or representative head in the state, and having two or more colleges or institutions of higher education under its patronage, desires, for the purpose of greater efficiency and simplicity in the administration of its educational interests, to consolidate the institutions under one management, the organization or society may consolidate the institutions under one management, pursuant to this article.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94401.

94401. The grand lodge, assembly, conference, or other legislative or representative head having authorized a consolidation of its institutions, a new corporation shall be formed.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94402.

94402. The board of trustees of the new corporation shall at first consist of the persons constituting the boards of trustees of the several institutions consolidating, and others. The number of trustees shall not exceed 45. The board of trustees shall be so classified that the term of office of one-third of its members expires each year, and unless otherwise provided in the articles of incorporation or bylaws, the successors of the trustees, as their terms expire shall be elected by the grand lodge, assembly, conference, or other legislative or representative head, at its annual meeting.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94403.

94403. After the two or more colleges or institutions of higher education under the patronage of any benevolent, religious, or fraternal organization or society, having a grand lodge, assembly, conference, or other legislative or representative head in the state have become consolidated, the board of trustees of the new corporation may be reduced in number after it has transacted the business of the corporation for a period of five years after the consolidation.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94404.

94404. Unless other provision is made in the articles of incorporation the number of trustees shall be reduced by the grand lodge, assembly, conference, or other legislative or representative head of the colleges or institutions of higher education. At any annual session of the grand lodge, assembly, conference, or other legislative or representative head, there shall be dropped from the number of trustees to be elected at that session such a number of trustees as those present at the session determine, except that at no time shall the number of trustees composing the board be less than 15.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94405.

94405. Provision may be made in the articles of incorporation, in addition to any other matters required by law, for the number of trustees, for the method of nominating and electing trustees, and special qualifications, if any, required of persons to be elected or of any particular number of such persons. If not made in the articles of incorporation, such methods and qualifications may be set forth in the bylaws.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94406.

94406. Bylaws may be adopted and amended by the trustees except as otherwise provided in the articles or the bylaws. The bylaws may set forth the particular officers or persons in the grand lodge, conference, assembly, or other legislative or representative head entitled to vote as members of the corporation, and also the manner and method by which the voting is had. The bylaws may limit or restrict the power of the trustees to adopt, amend, or repeal bylaws. After the limitation or restriction is made it shall be complied with unless it is removed with the consent of the officers or persons entitled to vote as members. Where applicable the provisions of Articles 5 and 6 (commencing with Sections 5150 and 5160) of Chapter 2 of Part 2 of Division 2 of Title 1 of the Corporations Code apply to the bylaws.
(Amended by Stats. 1978, Ch. 1305.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94407.

94407. Except as otherwise provided in Section 94406, in the articles of incorporation, or the bylaws, the board of trustees of the new corporation have all of the powers granted to boards of directors by and enumerated in Article 1 (commencing with Section 5210) of Chapter 2 of Part 2 of Division 2 of Title 1 of the Corporations Code.
(Amended by Stats. 1978, Ch. 1305.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94408.

94408. The board of trustees of the new corporation shall report annually to the grand lodge, conference, assembly, or other legislative or representative head controlling it, the condition of affairs of the corporation, and the amount and manner of its receipts and expenditures.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 4 - Consolidation of Private Colleges › Section 94409.

94409. The several boards of trustees of the consolidating institutions shall transfer all property, real and personal, held by them, to the new corporation, together with all powers, privileges, and authority conferred upon or enjoyed by them under their respective charters or acts of incorporation. The new corporation receiving the property shall assume all indebtedness and liabilities of the consolidating institutions, but shall not transfer the property from one location to another, except by an affirmative vote of not less than three-fourths of the board of trustees of the new corporation, nor divert specific grants, donations, or bequests from the purposes for which the grants, donations, or bequests were made. After the boards of trustees have conveyed the property, real and personal, of the various institutions to the new corporation, and the property has been accepted by the new corporation, the franchises held by the consolidating corporations shall cease, and the corporations are dissolved.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 5 - Eminent Domain › Section 94500.

94500. Any educational institution of collegiate grade within this state not conducted for profit may acquire by eminent domain any property necessary to carry out any of its powers or functions.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 6 - Emergency Evacuation Plans for Postsecondary Student Housing › Section 94600.

94600. (a) The Office of Emergency Services shall develop guidelines for private colleges and universities to use in developing emergency evacuation plans for all forms of student housing owned, operated, and offered by private colleges and universities, both on campus and off campus. In developing the guidelines, the Office of Emergency Services shall consider Sections 3.09 and 3.13 of Title 19 of the California Code of Regulations. The guidelines shall address all of the following issues:
(1) Plan content. The plans should include, but need not be limited to, the following:
(A) Specific evacuation routes that recognize the needs of persons with special needs, such as persons with disabilities.
(B) The designation of a meeting place or places upon evacuation.
(C) The education of students and staff in emergency procedures.
(2) The implementation and maintenance of the evacuation plan by the director of student housing, or other appropriate officer, at individual campuses. The director, or other appropriate officer, is responsible for scheduling periodic tests of the plan and implementing changes as needed.
(b) Each private college or university shall establish an emergency evacuation plan for its postsecondary student housing and may consult with the Office of Emergency Services for guidance in developing and establishing the plan.
(Amended by Stats. 2013, Ch. 352, Sec. 77. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 1 - General Provisions › Section 94800.

94800. This chapter shall be known, and may be cited, as the California Private Postsecondary Education Act of 2009.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 1 - General Provisions › Section 94800.5.

94800.5. Whenever a reference is made to the former Private Postsecondary Education and Student Protection Act, the former Private Postsecondary and Vocational Education Reform Act of 1989, or the former Chapter 7 (commencing with Section 94700) of Part 59 of Division 10 of Title 3 of the Education Code, as it read on June 30, 2007, by the provisions of any statute or regulation, it shall be construed as referring to the provisions of this chapter. Whenever a reference is made to the former Bureau for Private Postsecondary and Vocational Education by the provisions of any statute or regulation, it shall be construed as referring to the Bureau for Private Postsecondary Education.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 1 - General Provisions › Section 94801.

94801. The Legislature finds and declares all of the following:
(a) In 2013, more than 300,000 Californians attended more than 1,100 private postsecondary schools in California.
(b) Private postsecondary schools can complement the public education system and help develop a trained workforce to meet the demands of California businesses and the economy; however, concerns about the value of degrees and diplomas issued by private postsecondary schools, and the lack of protections for private postsecondary school students and consumers of those schools’ services, have highlighted the need for strong state-level oversight of private postsecondary schools.
(c) Numerous reports and studies have concluded that California’s previous attempts at regulatory oversight of private postsecondary schools under the Department of Consumer Affairs have consistently failed to ensure student protections or provide effective oversight of private postsecondary schools.
(d) It is the intent of the Legislature in continuing the operation of this chapter for two years until January 1, 2017, to ensure all of the following:
(1) Minimum educational quality standards and opportunities for success for California students attending private postsecondary schools in California.
(2) Meaningful student protections through essential avenues of recourse for students.
(3) A regulatory structure that provides for an appropriate level of oversight.
(4) A regulatory governance structure that ensures that all stakeholders have a voice and are heard in policymaking by the bureau.
(5) A regulatory governance structure that provides for accountability and oversight by the Legislature through program monitoring and periodic reports.
(6) Prevention of the harm to students and the deception of the public that results from fraudulent or substandard educational programs and degrees.
(e) The Legislature advises future policymakers to continually and carefully evaluate this chapter and its administration and enforcement. Where there are deficiencies in the law or regulatory oversight, the Governor and the Legislature should act quickly to correct them.
(Amended by Stats. 2014, Ch. 840, Sec. 1. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 1 - General Provisions › Section 94801.7.

94801.7. (a) The bureau may establish through regulation thresholds of California-based activity that constitute limited physical presence, with those institutions subject to registration requirements defined through regulation, and minimal levels of California-based activity that do not require institutional approval by, nor registration with, the bureau. All institutions operating in the state and subject to approval or registration requirements shall comply with Section 94897.
(b) An institution is considered to have a physical presence in the state if it offers instruction or core academic support services from a physical location owned, operated, or rented by or on behalf of the institution in California.
(Added by Stats. 2022, Ch. 544, Sec. 2. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94802.

94802. An institution that had a valid approval to operate on June 30, 2007, issued by the former Bureau for Private Postsecondary and Vocational Education pursuant to former Chapter 7 (commencing with Section 94700) of Part 59 of Division 10 of Title 3 of the Education Code, as it read on June 30, 2007, shall maintain that approval under this chapter. For the purposes of this chapter, the approval to operate shall be valid for three calendar years after the expiration date of the approval, as it read on June 30, 2007.
(Amended by Stats. 2014, Ch. 840, Sec. 2. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94803.

94803. The bureau shall, by emergency regulation, amend, and repeal as necessary, the regulations, as they read on June 30, 2007, in Division 7.5 (commencing with Section 70000) of Title 5 of the California Code of Regulations, to conform to this chapter no later than February 1, 2010. These emergency regulations shall become permanent through the regular rulemaking process within one year of the enactment of this chapter.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94804.

94804. (a) Each unresolved matter submitted to the former Bureau for Private Postsecondary and Vocational Education prior to July 1, 2007, shall be deemed to remain pending before the bureau irrespective of any applicable deadlines. With respect to any deadline applicable to a pending matter, no time shall be deemed to have elapsed from July 1, 2007, to January 1, 2010, inclusive.
(1) For the purposes of this subdivision, “matter” includes, but is not limited to, an appeal, a complaint, a claim, an evaluation, a hearing, or an investigation.
(2) For the purposes of this subdivision, “matter” does not include a Student Tuition Recovery Fund claim.
(b) Student complaints submitted from July 1, 2007, to December 31, 2009, inclusive, shall continue to be duly recorded and investigated by the bureau.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94805.

94805. For the performance of the duties and exercise of the powers vested in the bureau, the bureau shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the former Bureau for Private Postsecondary and Vocational Education.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94806.

94806. The Private Postsecondary and Vocational Education Administration Fund established by former Section 94932 of the Education Code, and extended by Chapter 635 of the Statutes of 2007, is continued in existence, and is renamed the Private Postsecondary Education Administration Fund.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94807.

94807. The Student Tuition Recovery Fund established by former Section 94944 of the Education Code, and extended by Chapter 635 of the Statutes of 2007, is continued in existence.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94808.

94808. (a) Any Student Tuition Recovery Fund claims received by the former Bureau for Private Postsecondary and Vocational Education prior to July 1, 2007, that were not processed by the former Bureau for Private Postsecondary and Vocational Education and were not paid by the Department of Consumer Affairs from July 1, 2007, to June 30, 2008, inclusive, shall be processed by the bureau.
(b) Any Student Tuition Recovery Fund claims received by the Department of Consumer Affairs from July 1, 2007, to December 31, 2009, inclusive, shall be processed by the bureau.
(c) Student Tuition Recovery Fund claims filed with, and approved by, the former Bureau for Private Postsecondary and Vocational Education as of June 30, 2007, if not already paid, shall be paid before any claims approved after that date.
(d) The student’s right to recovery from the Student Tuition Recovery Fund shall be based on the law that was in effect when the student enrolled and a fee for the fund was charged as a part of tuition costs, even though that law has become inoperative, been repealed, or otherwise expired.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94809.

94809. (a) An institution that had an application for an approval to operate pending with the former Bureau for Private Postsecondary and Vocational Education on June 30, 2007, may continue to operate until a decision is made in regard to the institution regarding the application for approval to operate, but shall comply with, and is subject to, this chapter.
(b) An institution that did not have a valid approval to operate issued by, and did not have an application for approval to operate pending with, the former Bureau for Private Postsecondary and Vocational Education on June 30, 2007, that began operations between July 1, 2007, and January 1, 2010, and filed an application to operate by August 2, 2010, may continue to operate unless a denial of approval to operate has been issued and has become final, but shall comply with, and is subject to, this chapter.
(c) Students seeking to enroll in institutions operating under subdivisions (a) and (b) shall be notified by the institution, in writing and prior to executing an enrollment agreement, that the institution’s application for approval to operate has not been reviewed by the bureau.
(d) (1) An institution that is denied an approval to operate pursuant to subdivision (a) or (b) may file an appeal pursuant to the procedures established in Section 94888.
(2) An institution that has filed an appeal pursuant to paragraph (1) 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 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) If the bureau determines that the continued operation of an institution poses a significant risk of harm to students, the bureau shall make an emergency decision pursuant to Section 94938.
(Amended by Stats. 2016, Ch. 593, Sec. 3. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94809.5.

94809.5. Notwithstanding any other provision of law:
(a) For any claims that a student had based on a violation of the Private Postsecondary and Vocational Education Reform Act of 1989 on or before June 30, 2007, the period of time from June 30, 2007, to December 31, 2009, inclusive, shall be excluded in determining the deadline or the statute of limitation for filing any claim with the bureau or a lawsuit based on any claim.
(b) All claims described in subdivision (a), except claims to the Student Tuition Recovery Fund, including those contained in a lawsuit or other legal action, shall be determined or adjudicated based on the law that was in effect when the violations or events took place, even though those provisions have become inoperative, been repealed, or otherwise expired.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 2 - Transition Provisions › Section 94809.6.

94809.6. (a) Notwithstanding the inoperative status or repeal of the former Private Postsecondary and Vocational Education Reform Act of 1989 on or after July 1, 2007, any claim or cause of action in any manner based on the act that was commenced on or before June 30, 2007, whether or not reduced to a final judgment, shall be preserved, and any remedy that was or could have been ordered to redress a violation of the act on or before June 30, 2007, may be ordered or maintained thereafter. If a final judgment was obtained in an action commenced on or after July 1, 2007, under the authority of Chapter 635 of the Statutes of 2007, the final judgment and any legal remedy that was or could be maintained on or after July 1, 2007, under that statute, shall be preserved and maintained thereafter.
(b) The rights, obligations, claims, causes of action, and remedies described in subdivision (a) shall be determined by the provisions of the former Private Postsecondary and Vocational Education Reform Act of 1989 in effect on or before June 30, 2007, notwithstanding the inoperative status or repeal of the former Private Postsecondary and Vocational Education Reform Act of 1989 on or after July 1, 2007.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94810.

94810. Unless the context requires otherwise, the definitions set forth in this article govern the construction of this chapter.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94812.

94812. “Academic year” means a period, including a minimum of 30 weeks of instructional time, in which a full-time student attending an institution that measures educational program length in credit hours completes 24 semester or trimester hours or 36 quarter hours, or an institution that measures educational program length in clock hours completes at least 900 clock hours.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94813.

94813. “Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education.
(Amended by Stats. 2014, Ch. 840, Sec. 4. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94814.

94814. “Accrediting agency” is an agency recognized by the United States Department of Education.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94815.

94815. “Annual report” means the yearly report required to be filed by institutions.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94816.

94816. “Applicant” means a person, as defined in Section 94855, who has submitted an application to the board for an approval to operate or for a renewal of an approval to operate. An approval to operate shall be issued only to an applicant.
(Amended by Stats. 2014, Ch. 840, Sec. 5. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94817.

94817. “Approval to operate” or “approval” means the authorization pursuant to this chapter to offer to the public and to provide postsecondary educational programs, as well as the written document issued to an institution signifying its approval to operate.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 10 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › PART 59 - PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS › CHAPTER 8 - Private Postsecondary Institutions › ARTICLE 3 - Definitions › Section 94817.5.

94817.5. “Approved to operate” or “approved” means that an institution has received authorization pursuant to this chapter to offer to the public and to provide postsecondary educational programs.
(Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.)