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 19 - Severability › Section 94947.

94947. (a) Notwithstanding Section 94874.2, an institution described in subdivision (i) of Section 94874 that satisfies all of the following requirements may claim an exemption from this chapter:
(1) The institution has been accredited by an accrediting agency recognized by the United States Department of Education for at least 10 years, and has not been placed on probation or on a greater level than standard monitoring, or sanctioned, by its accrediting agency.
(2) The institution is headquartered in California and has operated continuously in this state for at least 25 years.
(3) The institution is privately held and prior to its current exemption, the institution was granted an approval to operate by the Bureau for Private Postsecondary Education, or its predecessor agency and has experienced no change of ownership since the institution was last approved.
(4) During its existence, the institution has not filed for bankruptcy protection.
(5) The institution maintains an equity ratio composite score of at least 1.5 based on the current financial stability test.
(6) At least 12.5 percent of the institution’s revenues are derived from sources other than financial aid. For purposes of this requirement, financial aid includes all forms of state or federal student assistance, including, but not limited to, financial aid provided to veterans and financial aid through the Cal Grant Program.
(7) The institution’s cohort default rate does not exceed 13 percent for the most recent three years, as published by the United States Department of Education.
(8) The institution has a graduation rate that exceeds 60 percent, as reported to the Integrated Postsecondary Education Data System.
(9) The institution has not been subject to any legal or regulatory actions by a state attorney general for a violation of consumer protection laws that resulted in monetary settlement, fines, or other documented violations.
(10) The institution provides a pro rata refund of unearned institutional charges to students who complete 75 percent or less of the period of attendance.
(11) The institution provides to all students the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the second class session, or the 14th day after enrollment, whichever is later.
(12) The institution complies with all other reasonable criteria, necessary to ensure educational quality and protection of veterans, established by the California State Approving Agency for Veterans Education.
(13) The institution verifies its exemption pursuant to Section 94874.7.
(b) An institution exempt from this chapter pursuant to this section may apply to the bureau for an approval to operate pursuant to Section 94874.8.
(c) It is the intent of the Legislature that if the exemption provided in this section is declared by a court to be invalid for any reason, the requirements of this chapter shall apply to an institution that would otherwise be subject to receive this exemption.
(Amended by Stats. 2018, Ch. 422, Sec. 8. (SB 1492) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 94950.)