reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 3 - Procedures Relating to Instructional Materials › Article 1 - Procedures for the Public Display of Textbooks, Public Hearing Given the Instructional Quality Commission, and Receipt of Comments from the Public › Section 18538 - Manner of Oral Presentation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 6-17-83; effective thirtieth day thereafter (Register 83, No.
						25).
Note: Authority cited: Sections
						  33031(a)
						  and
						  60001,
						  Education Code. Reference: Sections
						  60202,
						  60203,
						  60204 and
						  60220-
						  60224,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 3 - Procedures Relating to Instructional Materials › Article 2 - Procedures for Submission and Opening of Bids for Elementary Instructional Materials [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 2 (sections
					 18550-18558) filed 6-17-83;
					 effective thirtieth day thereafter (Register 83, No. 25). For prior history of
					 section 18556, see Register 80, No. 3; for
					 prior history of sections
					 18557 and
					 18558, see Register 75, No.
					 40.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 4 - Procedures Relating to Hearings on Proposals and Petitions for the Reorganization of School Districts › Section 18570 - Submission of Proposals and Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A proposal by the county committee on school district
					 organization, a petition by another public agency or electors for the
					 reorganization of a school district other than a transfer of territory, or an
					 appeal under Education Code section
					 35710.5 or
					 35711 of an
					 action by the county committee approving or disapproving a petition to transfer
					 territory from one district to another shall be submitted to the Executive
					 Officer of the Board. The Executive Officer of the Board shall cause the
					 proposal, petition or the appeal to be:
(a) Reviewed and analyzed by the California
				  Department of Education.
(b) Set
				  for hearing before the State Board of Education at the earliest practicable
				  date.
(c) Transmitted, together
				  with the report and recommendation of the California Department of Education,
				  to the Board and to such other persons as is required by law not later than ten
				  days before the date of the hearing.
1. New
					 Chapter 4 (§§
											18570 through
					 18574) filed 7-22-69; effective
					 thirtieth day thereafter (Register 69, No. 30).
2. Amendment of NOTE
					 filed 9-23-77; effective thirtieth day thereafter (Register 77, No.
					 39).
3. Amendment of NOTE filed 12-14-83; effective thirtieth day
					 thereafter (Register 83, No. 51).
4. Amendment of section and NOTE
					 filed 3-29-96; operative 4-28-96 (Register 96, No.
					 13).
Note: Authority cited: Section
						33031,
						35712, and
						35768,
						Education Code. Reference: Sections
						35707,
						35708,
						35710.5,
						35711, and
						35752,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 4 - Procedures Relating to Hearings on Proposals and Petitions for the Reorganization of School Districts › Section 18571 - Arguments Before the Board (Original Submission)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time and place of hearing, the Board will receive
					 oral and/or written arguments on the proposal, petition or the appeal. The
					 Board may limit the number of speakers on each side of the issue, limit the
					 time permitted for the presentation of a particular view, and limit the time of
					 the individual speakers. The Board will not entertain a repetition of arguments
					 previously presented by the same or another speaker at that meeting, or
					 presented at a previous meeting at which the proposal, petition or appeal was
					 considered.
1. New NOTE
					 filed 12-14-83; effective thirtieth day thereafter (Register 83, No.
					 51).
2. Amendment of section and NOTE filed 3-29-96; operative
					 4-28-96 (Register 96, No. 13).
Note: Authority cited: Section
						33031,
						35712 and
						35768,
						Education Code. Reference: Sections
						35708,
						35710.5,
						35711,
						35752 and
						35754,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 4 - Procedures Relating to Hearings on Proposals and Petitions for the Reorganization of School Districts › Section 18572 - Resubmissions and Petitions for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time following a decision by the
				  Board on a proposal, petition or appeal, the original petitioner, county
				  committee on school district organization, or any affected school district may
				  resubmit the same or essentially identical proposal, or may petition the Board
				  for reconsideration of the Board's decision.
(b) Any resubmission or petition for
				  reconsideration shall be accompanied by new arguments or new facts not
				  previously presented to the Board.
(c) No resubmission or petition for
				  reconsideration shall be acted upon by the Board with respect to any
				  reorganization proposal that has been called for election pursuant to Education
				  Code section
				  35710.51 or
				  35756.
1. New NOTE
					 filed 12-14-83; effective thirtieth day thereafter (Register 83, No.
					 51).
2. Amendment of section heading, repealer of section and new
					 section, and amendment of NOTE filed 3-29-96; operative 4-28-96 (Register 96,
					 No. 13).
Note: Authority cited: Section
						33031,
						35712 and
						35768,
						Education Code. Reference: Sections
						35707,
						35708,
						35710-
						35711,
						35752 and
						35756,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 4 - Procedures Relating to Hearings on Proposals and Petitions for the Reorganization of School Districts › Section 18573 - Criteria for Reorganization of School Districts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The analysis of the proposal or petition
				  by the California Department of Education shall state findings of fact and
				  recommendations as to whether each district affected by the proposed
				  reorganization substantially meets the following criteria and standards:
(1) It is the intent of the State Board that
				  direct service districts not be created which will become more dependent upon
				  county offices of education and state support unless unusual circumstances
				  exist. Therefore, each district affected must be adequate in terms of numbers
				  of pupils, in that:
(A) Each such district
				  should have the following projected enrollment on the date that the proposal
				  becomes effective or any new district becomes effective for all purposes:
Elementary
							 District..........................
901
High School
							 District..........................
301
Unified
							 District..........................
1,501
(B)
				  The analysis shall state whether the projected enrollment of each affected
				  district will increase or decline and the extent thereof.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 4 - Procedures Relating to Hearings on Proposals and Petitions for the Reorganization of School Districts › Section 18574 - Policy. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
					 filed 12-14-83; effective thirtieth day thereafter (Register 83, No.
					 51).
2. Repealer filed 9-27-85; effective thirtieth day thereafter
					 (Register 85, No. 42).
Note: Authority cited: Section
						33031(a),
						Education Code. Reference: Sections
						35750 and
						35753,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 5 - State Board of Education-Conflict-of-Interest Code › Section 18600 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act (Government Code sections 81000,
					 et seq.) requires state and local government agencies to adopt and promulgate
					 conflict-of-interest codes. The Fair Political Practices Commission has adopted
					 a regulation (2 Cal. Code of Regulations Section 18730) that contains the terms
					 of a standard conflict-of-interest code, which can be incorporated by reference
					 in an agency's code. After public notice and hearing, the standard code may be
					 amended by the Fair Political Practices Commission to conform to amendments in
					 the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regulations
					 section 18730 and any amendments to it duly adopted by the Fair Political
					 Practices Commission are hereby incorporated by reference. This regulation and
					 the attached Appendix, designating positions and establishing disclosure
					 categories, shall constitute the conflict-of-interest code of the State Board
					 of Education (Agency), except as provided below.
Board members and the Executive Director must file their
					 statements of economic interests electronically with the Fair Political
					 Practices Commission. All other individuals holding designated positions must
					 file their statements with the agency. All statements must be made available
					 for public inspection and reproduction under Government Code Section
					 81008.
Exception: As provided in 2 Cal. Code of Regulations
					 section 18730(b)(1), the definitions contained in the Political Reform Act of
					 1974 shall apply to the terms used in this Code except that neither the term
					 "investment" nor the term "business entity" shall operate to exclude any
					 private school in California, whether or not such school is operated for
					 profit.
Note: Authority cited: Sections 81008, 87300.1, 87304 and
						87306, Government Code. Reference: Sections 87300 et seq., Government
						Code.
Note: Authority cited: Sections
						81008,
						87300.1,
						87304 and
						87306,
						Government Code. Reference: Sections
						87300 et seq., Government
						Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 20 - State Board of Education Procedures › Subchapter 5 - State Board of Education-Conflict-of-Interest Code › Appendix - Appendix

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Designated Positions
Assigned Disclosure Category
Members of the State Board of
							 Education..........................
1, 2
Members of the Instructional Quality Commission and
							 respective instructional materials evaluation
							 panels..........................
1, 2
Advisory Commission on Special
							 Education..........................
1, 2
California Practitioners Advisory
							 Group..........................
1, 2
Advisory Commission on Charter
							 Schools..........................
1, 2
Executive Director..........................
1, 2
Deputy Director..........................
1, 2
Chief Counsel..........................
1, 2
Deputy Policy Director and Assistant Legal
							 Counsel..........................
1, 2
Attorney IV (Retired
							 Annuitant)..........................
1, 2
Director of
							 Communications..........................
1, 2
Education Administrator
							 I..........................
1, 2
Staff Services Manager I..........................
1, 2
Principal Education Policy
							 Consultant..........................
1
Education Programs
							 Consultant..........................
1
Consultants/New
							 Positions..........................
*
* Consultants/New Positions
							 shall be included in the list of designated positions and shall disclose
							 pursuant to the broadest disclosure category in the code, subject to the
							 following limitation:
The Executive Director may determine in
							 writing that a particular consultant or new position, although a "designated
							 position," is hired to perform a range of duties that is limited in scope, and
							 thus, is not required to fully comply with the disclosure requirements in this
							 section. Such written determination shall include a description of the
							 consultant's or new position's duties and, based upon that description, a
							 statement of the extent of disclosure requirements. The Executive Director's
							 determination is a public record and shall be retained for public inspection in
							 the same manner and location as this conflict-of-interest code. (Gov. Code Sec.
							 81008.)
Disclosure Categories
Category 1.
Persons in this category shall
					 report investments, business positions, and income, including gifts, loans, and
					 travel payments, from entities of the type that is a publisher, manufacturer,
					 or vendor of instructional materials, or services offered to educational
					 institutions in the State of California. They shall also report any
					 investments, positions of management and income, including gifts, loans, and
					 travel payments, from any private school in the State of California.
Category 2.
Persons in this category shall
					 report interests in real property in California.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 1 - General Provisions › Section 18801 - Content of Diplomas and Degrees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every diploma and degree document
				  conferred by an institution shall contain at least all of the following:
(1) The full name of the
				  institution;
(2) The address of the
				  institution or the city of its principal campus or administrative
				  facility;
(3) The date the document
				  is issued;
(4) The full legal name
				  of the recipient;
(5) A full and
				  clear citation of the diploma course completed, the course of study or
				  discipline in which the degree is earned, or the distinction on which the
				  honorary degree is conferred, as appropriate.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 1 - General Provisions › Section 18802 - Custodian of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to implement the purpose of Education Code Section
					 94312(k):
(a) Any institution shall advise the student
				  in a catalog or brochure that the institution is required by law to maintain
				  student records for a period of only five years.
(b) Any institution shall, in the event of
				  complete cessation of all operations, immediately retain a custodian of records
				  and advise the superintendent of the custodian's name, address and telephone
				  number. The institution shall arrange for the custodian to retain, for the
				  balance remaining of five years, all those records described in Education Code
				  Section
				  94312(k)
				  along with each former student's record of attendance and academic
				  progress.
1. Repealer
					 of former Section
					 18802 and renumbering of Section
					 18804 to Section
					 18802 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Chapter 3 (commencing with Section
						94300), Part 59, Division 10, Title
						3, Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 1 - General Provisions › Section 18803 - Affiliation and Evaluation of Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An institution shall not affiliate with
				  another institution for the purpose of offering educational services or
				  granting diplomas or degrees unless both institutions are approved or
				  authorized under one or another of Education Code Sections
				  94310 or
				  94311, and
				  the fact of affiliation is reported to the superintendent.
(b) An institution shall not grant diplomas
				  or degrees solely on the basis of education taken at, or credit transferred
				  from, another institution or institutions, or solely on noninstructional
				  learning experiences. Diplomas and degrees may be granted on the basis of a
				  combination of instruction and noninstructional learning experiences for which
				  the institution details explicit rationale for the awarding of credit and
				  systematic and vigorous method for evaluating it.
1.
					 Renumbering and amendment of former Section
					 18803 to Section
					 18801, and renumbering and
					 amendment of Section
					 18805 to Section
					 18803 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Sections
						94310,
						94311 and
						94312(m),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 1 - General Provisions › Section 18804 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Nothing
				  contained in Education Code Section
				  94321 shall
				  prohibit an institution and a bona fide employer from jointly advertising in
				  "help wanted" columns of a magazine, newspaper, or other publication if all of
				  the following conditions are met; specifically that:
(1) There is a shortage of persons with the
				  skills advertised as wanted in the circulation area of the publication in which
				  the advertisement appears.
(2)
				  There is an anticipated need for persons trained in such skills at the end of
				  the institution's regular training period for the skills.
(3) The advertisement clearly identifies the
				  institution and the employer as separate entities and gives the complete
				  address of both.
(4) The
				  advertisement clearly indicates that graduation does not guarantee employment
				  by the employer named in the advertisement.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 1 - General Provisions › Section 18806 - Advertising. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 18806 to Section
					 18804 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Sections
						94305(b)
						and
						94321(f),
						Education Code. Reference: Chapter 3 (commencing with Section
						94300), Part 59, Division 10, Title
						3 and Section
						94321(f),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 1 - General Provisions › Section 18807 - Disclosures to Consumers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 1-15-85; effective thirtieth day thereafter (Register 85, No.
					 3).
Note: Authority cited: Sections
						94305(b)
						and
						94312(h),
						Education Code. Reference: Chapter 3 (commencing with Section
						94300), Part 59, Division 10, Title
						3 and Section
						94312(h),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 1 - General Provisions › Section 18808 - Location of Approval or Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Authorization or approval shall be required for each
					 principal location of an institution. Within the meaning of this
					 section:
(a) Any location within the
				  accreditation of an institution operating pursuant to Education Code Section
				  94310.1 is
				  deemed to be a part of the authorized principal location.
(b) Any location of an institution operating
				  pursuant to Education Code Section
				  94310(b)
				  which does not offer an entire degree program is deemed to be part of the
				  approved principal location.
(c)
				  Any location of an institution operating pursuant to Education Code Section
				  94310.4 is
				  deemed to be a part of the authorized principal location.
(d) Any location of an institution operating
				  pursuant to Education Code Section
				  94311 is
				  deemed to be a part of the approved or authorized principal location if:
(1) it is for the purpose of absorbing an
				  enrollment overload that the principal facility cannot accommodate,
				  or
(2) it provides for a special
				  kind of training; provided that such facility has no independent administrative
				  capability, is not identified in any advertising, and is not for the purpose of
				  serving another neighborhood or clientele.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 2 - Applications and Affidavits by Institutions › Section 18810 - Earned Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fees charged pursuant to Education Code Section
					 94331 are
					 earned upon receipt of a complete application, affidavit or other document
					 required by the superintendent as a condition precedent to the approval,
					 authorization or other action for which a fee is charged.
1.
					 Renumbering of former Section
					 18817 to Section
					 18810 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Chapter 3 (commencing with Section
						94300), Part 59, Division 10, Title
						3, Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 2 - Applications and Affidavits by Institutions › Section 18811 - Consent to Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Application by an institution for approval or authorization
					 to operate is deemed to include the applicant's consent to inspections by
					 representatives of the superintendent and any special committee or team members
					 appointed under Education Code Sections
					 94310 and
					 94311.
					 Inspections may be made of any part of the institution's operation and
					 interviews conducted of any person or persons, determined by the superintendent
					 as being relevant to the standards established for the approval or
					 authorization. Under routine circumstances, as determined by the
					 superintendent, an appointment shall be arranged in advance of
					 visitations.
After an approval or authorization of any type is granted,
					 consent to such inspections is deemed to continue and shall include, in
					 addition to those inspectors described above, representatives of the California
					 Department of Justice.
1.
					 Renumbering of former Section
					 18818 to Section
					 18811 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Chapter 3 (commencing with Section
						94300), Part 59, Division 10, Title
						3, Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 3 - Standards for Evaluating the Institution › Article 1 - Institutions Approved Under Education Code Section 94310.2 › Section 18814 - Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following standards apply to each institution
						applying for approval to operate under Education Code Section
						94310.2:
(a) Financial Stability. The institution
					 shall maintain assets sufficient to ensure capability of fulfilling the
					 specific program to enrolled students. In all instances, such assets shall be
					 at least as great as those specified in California Education Code Section
					 94310.4(b)
					 for authorized degree-granting institutions.
(b) Faculty. Faculty resources shall include
					 personnel who possess degrees from the U.S. Department of Education or its
					 successor agency recognized accredited institutions in the proposed degree
					 major field(s) and in sufficient number to provide the proposed educational
					 services.
(c) Course of Study. The
					 educational services shall clearly relate to the proposed degree(s) objectives,
					 be comparable in scope and sequence to minimum standards of comparable degree
					 programs in accredited institutions recognized by the U.S. Department of
					 Education or its successor agency, and shall, in the judgment of the visiting
					 committee, ensure quality educational services to the degree candidate. This
					 requirement shall not be construed to prevent the approval of innovative
					 educational services.
(d)
					 Facilities. Facilities must relate to the defined degree objectives. The stated
					 educational services define the needed facilities, and the visiting committee
					 must express a judgment that the facilities available are sufficient to ensure
					 the student quality educational services.
(e) Degree Requirements. The specified
					 institutional requirements for the degree(s) shall be evaluated against
					 established standards for similar degrees in accredited institutions. The
					 student is to be assured that the degree so approved shall not deviate
					 substantially from all other such degrees as a mark of learning, although the
					 processes in a particular institution may deviate markedly from those occurring
					 in other institutional settings.
1.
						Renumbering and amendment of former section
						18823 to section
						18814 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
2. Change without
						regulatory effect filed 2-2-89; operative 2-2-89 (Register 89, No.
						8).
3. Editorial correction of subchapter heading (Register 94, No.
						9).
Note: Authority cited: Section
						  94305(b),
						  Education Code. Reference: Section
						  94310.2,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 3 - Standards for Evaluating the Institution › Article 2 - Institutions Authorized Under Education Code Section 94310.3 › Section 18815 - Related Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An institution operating pursuant to Education Code
						Section
						94310.3
						may, in addition to granting appropriate degree documents, issue a written or
						printed document commonly known as a transcript of the student's record of
						attendance and academic performance.
1.
						Repealer of former Section
						18815, and renumbering of Section
						18825 to Section
						18815 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
2. Change without
						regulatory effect filed 2-2-89; operative 2-2-89 (Register 89, No.
						8).
Note: Authority cited: Section
						  94305(b),
						  Education Code. Reference: Chapter 3 (commencing with Section
						  94300), Part 59, Division 10, Title
						  3, Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 3 - Standards for Evaluating the Institution › Article 3 - Institutions Approved Under Education Code Section 94311(d) › Section 18816 - Objectives Subject to Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to those educational services normally
						culminating in the awarding of a degree or diploma in a vocational,
						professional, educational or technological field, any instruction or training
						offered for the purpose of reviewing material in preparation for an examination
						administered to obtain a license, registration or other professional,
						educational, technological or vocational certification is subject to prior
						approval under Education Code Section
						94311(d).
1.
						Renumbering of former Section
						18816 to Section
						18809, and renumbering of Section
						18827 to Section
						18816 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94305(b),
						  Education Code. Reference: Chapter 3 (commencing with Section
						  94300), Part 59, Division 10, Title
						  3, Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 3 - Standards for Evaluating the Institution › Article 3 - Institutions Approved Under Education Code Section 94311(d) › Section 18817 - Standards Relating to Instructors and Administrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each instructor and administrator
					 applying for a certificate of authorization for service under Education Code
					 Section
					 94311(d)
					 must meet at least one of the following qualifications:
(1) Possession of a bachelor's degree in the
					 field in which he is to teach from an institution listed as an institution of
					 higher learning by the U.S. Department of Education or its successor agency, or
					 a comparable institution of a foreign country, or the equivalent of such a
					 bachelor's degree or an advanced degree from any such institution.
(2) Possession of a valid adult or secondary
					 school teaching credential or certificate from this or another state
					 authorizing the holder to teach in the field of instruction in which he is to
					 teach at the institution applying for approval.
(3) Five years of successful experience in
					 the profession, trade, industry, or technical occupation in the field in which
					 he is to teach.
(4) Five years of a
					 combination of such experience and education at the postsecondary
					 level.
(5) Possession of a license
					 to teach issued by an appropriate state licensing board or federal agency for
					 the field in which he is to teach.
(6) In the opinion of the Superintendent of
					 Public Instruction, the instructor has adequate and appropriate experience and
					 education and demonstrates his ability to properly instruct in a particular
					 course or subject.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 4 - Agents › Section 18822 - Agent's Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  An agent's permit is required for:
(1) Any
				  person who, at a place away from the institution or site of instruction,
				  accepts application fees or admission fees.
(2) Any person who is employed by, or owns an
				  interest in, the approved or authorized institution and whose primary
				  responsibility is that of recruiting enrollment at a place away from the
				  institution or site of instruction.
(3) Any educational contractor or broker, and
				  a person employed by or in any way associated with such contractor or broker,
				  who, at a place away from the institution or site of instruction, recruits
				  students or accepts application or admission fees.
(4) Any person who receives remuneration or
				  consideration of any kind for providing off-site recruitment services in
				  receiving enrollment for an institution.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 4 - Agents › Section 18823 - Standards. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of Section
					 18823 to Section
					 18814 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Chapter 3 (commencing with Section
						94300), Part 59, Division 10, Title
						3, Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Section 18825 - Grounds for Denial, Revocation or Suspension of an Approval or Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The superintendent may suspend, deny or revoke an approval,
					 or authorization, or Certificate of Authorization for Service, whichever action
					 is timely and appropriate, on the following grounds, as appropriate:
(a) The applicant fails to show that he, she
				  or the proposed institution or its educational services meet the minimum
				  applicable standards and requirements in this Division 21 or in Chapter 3 of
				  Part 59 of Division 10 of the Education Code.
(b) The holder of a conditional or
				  provisional approval fails to meet the requirements for a full or final
				  approval.
(c) The holder fails to
				  conform to any one or more of the representations contained in the application,
				  whether initial or renewal, or fails to operate or maintain qualifications in
				  conformance with any of the applicable standards, requirements and prohibitions
				  in this Division 21 or in Chapter 3 of Part 59 of Division 10 of the Education
				  Code.
(d) The affidavit or evidence
				  submitted by the holder under applicable provisions of Education Code Section
				  94310.3 is
				  untrue or inaccurate.
(e) The owner
				  or any of the owners, members of the board of directors, officers,
				  administrators, or instructors has pled guilty to or has been found guilty of
				  any crime other than minor traffic offenses or has entered a plea of nolo
				  contendere to a charge thereof, or has committed unscrupulous acts, made
				  material misrepresentations, committed fraud, or is otherwise unfit to engage
				  in the business of private postsecondary education, unless evidence of
				  rehabilitation or mitigation satisfactory to the superintendent is presented.
				  Currently effective court imposed probation is prima facie evidence of lack of
				  rehabilitation.
Any crime, act or omission alleged as grounds for denial,
					 suspension or revocation under this subsection must relate to the educational
					 services of the particular institution or to the welfare of its students, or to
					 the operation of private postsecondary institutions generally.
1.
					 Renumbering of former Section
					 18825 to Section
					 18815, and renumbering and
					 amendment of Section
					 18838 to Section
					 18825 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
2. Change without
					 regulatory effect of subsection (d) filed 2-2-89; operative 2-2-89 (Register
					 89, No. 8).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Sections
						94302(t),
						94305(d),
						94310,
						94311,
						94312,
						94330(c)
						and
						94332(3),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Section 18826 - Grounds for Denial, Revocation, or Suspension of an Agent's Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The superintendent may deny, revoke or suspend an agent's
					 permit, whichever action is timely and appropriate, on the following grounds,
					 as appropriate:
(a) The applicant or
				  holder has practiced or attempted to practice any material deception or fraud
				  in his or her application.
(b) The
				  applicant fails to meet any of those standards and requirements for a permit as
				  set out in Education Code Section
				  94333.
(c) The holder engages in that conduct
				  prohibited by Education Code Sections
				  94320,
				  94321 or
				  94333.
(d) The applicant or holder has previously
				  had, under California law or under similar laws of any other state, a permit to
				  solicit or sell enrollments in an institution revoked.
(e) The applicant or holder has pled guilty
				  to or has been found guilty of any crime other than minor traffic offenses or
				  has entered a plea of nolo contendere to a charge thereof, or has committed
				  unscrupulous acts, made material misrepresentations, committed fraud, or is
				  otherwise unfit to engage in the business of private postsecondary education,
				  unless evidence of rehabilitation or mitigation satisfactory to the
				  superintendent is presented. Currently effective court imposed probation is
				  prima facie evidence of lack of rehabilitation. The offense must relate to the
				  effectiveness of that particular person to perform as an agent.
1.
					 Renumbering and amendment of former Section
					 18839 to Section
					 18826 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Sections
						94302(a),
						(b) and
						94333,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Section 18827 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person or institution whose
				  application for an agent's permit, approval, authorization, or Certificate of
				  Authorization for Service has been denied may file a request within 30 calendar
				  days after mailing of the final notice of denial for a hearing. Such request
				  shall be in writing and addressed to the superintendent in care of the Office
				  of Private Postsecondary Education, 721 Capitol Mall, Sacramento, California
				  95814. The request shall be deemed filed upon receipt by the Office.
(b) All proceedings to determine the validity
				  of actions to deny, suspend or revoke approvals, authorizations, Certificate of
				  Authorization for Service, or agents' permits are governed by the
				  Administrative Procedure Act (commencing with Section
				  11500 of
				  the Government Code). The Accusation or the Statement of Issues shall be
				  "Before the Superintendent of Public Instruction of the State of California"
				  and filed by the Office of Private Postsecondary Education.
(c) Each case shall be heard by the hearing
				  officer sitting alone.
1.
					 Renumbering of former Section
					 18827 to Section
					 18816, and renumbering and
					 amendment of Section
					 18840 to Section
					 18827 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Sections
						94330(c),
						94332(3),
						94333(f)
						and
						94339(a)(2),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Section 18828 - Automatic Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An approval or authorization issued by
				  the superintendent automatically terminates when the institution ceases
				  operation, of which fact the institution shall immediately inform the
				  superintendent, or when the institution fails to make application for renewal
				  or pay fees as required. An agent's permit or a Certificate of Authorization
				  for Service terminates automatically when the holder fails to make application
				  for renewal or pay fees as required.
1.
					 Renumbering and amendment of former Section
					 18828 to Section
					 18817, and renumbering and
					 amendment of Section
					 18841 to Section
					 18828 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Sections
						94311(d),
						94330,
						94331 and
						94333,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Section 18829 - Standards Applicable to Courses of Instruction in Massage. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of Section
					 18829 to Section
					 18818 filed 1-15-85; effective
					 thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						94305(b),
						Education Code. Reference: Chapter 3 (commencing with Section
						94300), Part 59, Division 10, Title
						3, Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18831 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Prepaid." As
					 used in Education Code Sections
					 94342 and
					 94343 and
					 this chapter, prepaid describes any amount of money which is paid in advance of
					 receiving educational services or any contractual or other legal obligation to
					 pay for such services.
(b) "Fund."
					 Fund refers to the Student Tuition Recovery Fund.
(c) "Tuition." As used in Education Code
					 Section
					 94343 and
					 this chapter, tuition is the charge for instruction. In addition to tuition,
					 charges for instructional materials and all other fees shall be included for
					 assessment purposes.
(d)
					 "California Resident." As used in Education Code Section
					 94342 and
					 this chapter, a California resident is one who is enrolled in an institution
					 which is approved or authorized to operate by the superintendent. With respect
					 to those individuals enrolled in an approved or authorized correspondence
					 course, only those receiving lessons at a California mailing address are
					 considered to be California residents.
1. New
						Chapter 6 (Sections
						18846-18856) filed 11-21-79;
						effective thirtieth day thereafter (Register 79, No. 47).
2.
						Repealer of former Section
						18831, and renumbering of Section
						18846 to Section
						18831 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18832 - Institutions Subject to Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The superintendent shall assess approved or authorized
						institutions which:
(a) Require or
					 accept prepaid tuition and/or charges for instructional materials or any other
					 fees.
(b) Enroll one or more
					 individuals who have made a direct payment to the institution for training
					 offered. Direct payment includes payment by an enrollee or sponsoring person,
					 or payment from a public or private lender on behalf of the individual, but
					 does not include scholarships, grants, subsidies, or any other income which is
					 received by the institution directly from a public or private organization
					 where there is no obligation for an enrollee to pay or repay either the funding
					 organization or the institution.
1.
						Repealer of former Section
						18832, and renumbering of Section
						18847 to Section
						18832 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18833 - Assessment Base

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Assessments will be based on the total number of
						California resident enrollees who have made direct payments to an institution,
						as specified in Section
						18832, for training offered during
						the assessment period. An enrollee, as used in this section, refers to an
						individual who attends at least one class, or who remains enrolled beyond the 3
						day cooling-off period as defined in Section
						18805(a)(4). An
						assessment of ten cents per one hundred dollars shall apply to the actual price
						charged for tuition and for instructional materials and all other fees at the
						time of enrollment, regardless of the amount which is prepaid, except that, for
						courses costing less than one hundred dollars, the assessment shall be five
						cents.
1.
						Renumbering and amendment of former Section
						18833 to Section
						18822, and renumbering of Section
						18848 to Section
						18833 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
2. Change without
						regulatory effect (Register 87, No. 30).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 21 - Private Postsecondary Education Instructions › Subchapter 5 - Enforcement › Article 6 - Student Tuition Recovery Fund › Section 18834 - Due Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An assessment is payable after the 3 day cooling-off
						period. However, under routine circumstances, as determined by the
						superintendent, assessments will be paid on a quarterly basis.
In the event of school closure, unpaid assessments shall
						be remitted to the superintendent within 5 working days following cessation of
						instruction.
1.
						Renumbering of former Section
						18849 to Section
						18834 filed 1-15-85; effective
						thirtieth day thereafter (Register 85, No. 3).
Note: Authority cited: Section
						  94344,
						  Education Code. Reference: Sections
						  94342 and
						  94343,
						  Education Code.