SECTIONS 94802-94809.6 - California Statutes

EDUCATION CODE

SECTION 94802-94809.6

94802. (a) 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.
(b) Applications to renew an approval to operate that had been
pending action before the former Bureau for Private Postsecondary and
Vocational Education on June 30, 2007, shall be deemed processed as
follows:
(1) Applications received prior to January 1, 2006, shall be
granted an approval to operate until 2012 to coincide with the
anniversary date of the current approval to operate date.
(2) Applications received after January 1, 2006, shall be granted
an approval to operate until 2013 to coincide with the anniversary
date of the current approval to operate.
(c) Students seeking to enroll in institutions approved under
subdivision (b) shall be notified in writing by the institution,
prior to executing an enrollment agreement, that, although the
institution was approved to operate by the former Bureau for Private
Postsecondary and Vocational Education, the institution's application
for reapproval to operate has not been reviewed by the bureau
pursuant to this chapter.

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.

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.

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.

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.

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.

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.

94809. (a) (1) 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, but shall comply with, and is subject to, this chapter,
and shall submit an application for an approval to operate to the
bureau pursuant to this chapter within six months of that application
becoming available.
(2) If the bureau determines that the application for an approval
to operate that was pending with the former Bureau for Private
Postsecondary and Vocational Education on June 30, 2007, satisfies
the requirements of the new application for an approval to operate,
the submission of the previous application may be deemed to satisfy
the requirements of this subdivision.
(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 on or
after July 1, 2007, may continue to operate, but shall comply with,
and is subject to, this chapter, and shall submit an application for
an approval to operate to the bureau pursuant to this chapter within
six months of that application becoming available.
(c) Students seeking to enroll in institutions approved 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) An institution that is permitted to operate pursuant to
subdivision (a) or (b) shall not use the terms "approval," "approved,"
"approval to operate," or "approved to operate" without clearly
stating that the institution's application for approval has not been
reviewed by the bureau.

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.

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.