SECTIONS 94875-94884 - California Statutes

EDUCATION CODE

SECTION 94875-94884

94875. The Bureau for Private Postsecondary Education, as
established by Section 6 of Chapter 635 of the Statutes of 2007, is
continued in existence and shall commence operations. This chapter
establishes the functions and responsibilities of the bureau, for the
purposes of Section 6 of Chapter 635 of the Statutes of 2007. The
bureau shall regulate private postsecondary educational institutions
through the powers granted, and duties imposed, by this chapter. In
exercising its powers, and performing its duties, the protection of
the public shall be the bureau's highest priority. If protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.

94876. (a) The powers and duties set forth in this chapter are
vested in the Director of Consumer Affairs, who may delegate them to
a bureau chief, subject to the provisions of this section.
(b) The bureau chief shall be appointed by the Governor, subject
to confirmation by the Senate, and is exempt from the State Civil
Service Act pursuant to Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code.
(c) Each power granted to, or duty imposed upon, the bureau under
this chapter shall be exercised and performed in the name of the
bureau, subject to any conditions and limitations the director may
prescribe. The bureau chief may delegate any powers or duties to a
designee.
(d) As may be necessary to carry out this chapter, the director,
in accordance with the State Civil Service Act, may appoint and fix
the compensation of personnel.

94877. (a) The bureau shall adopt, on or before January 1, 2011,
and shall enforce, regulations to implement this chapter pursuant to
the Administrative Procedure Act in Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(b) The bureau shall develop and implement an enforcement program,
pursuant to Article 18 (commencing with Section 94932) to implement
this chapter. The enforcement program shall include a plan for
investigating complaints filed with the bureau.
(c) The bureau shall establish a program to proactively identify
unlicensed institutions, identify material or repeated violations of
this chapter and regulations implementing this chapter, and take all
appropriate legal action.

94878. (a) On or before June 30, 2010, the bureau shall establish
an Internet Web site that includes at least all of the following
information:
(1) An explanation of the bureau's transition plan for the
reconstituted bureau and an explanation of the bureau's scope of
authority.
(2) (A) A directory of approved institutions, and a link, if
feasible, to the Internet Web site of each institution.
(B) For each institution, the directory shall be developed in a
manner that allows the user to search by institution and shall
include all of the following information:
(i) The status of the institution's approval to operate.
(ii) The information provided by the institutions including, but
not limited to, the annual report, as required by Section 94934,
including the school catalog and the Student Performance Fact Sheet.
The Student Performance Fact Sheet shall be maintained on the
directory for at least five years after the date of its submission to
the bureau.
(iii) The disciplinary history of the institution, which shall
include, but shall not be limited to, all of the following:
(I) Pending formal accusations filed by the bureau.
(II) Suspensions, revocations, citations, fines, infractions,
probations, pending litigation filed by the bureau, and final
judgments resulting from litigation filed by the bureau.
(III) Pending or final criminal cases filed by the Attorney
General, a city attorney, a district attorney, or a federal law
enforcement official, of which the bureau has received notice.
(IV) Final administrative actions by the United State Department
of Education, including orders requiring restitution to students.
(V) Final disciplinary actions by an accreditation agency, of
which the bureau has received notice pursuant to Section 94934.
(b) The bureau shall maintain the Internet Web site described in
subdivision (a). The bureau shall ensure that the information
specified in subdivision (a) is kept current. The bureau shall update
the Internet Web site at least annually, to coincide with the
submission of annual reports by the institutions pursuant to Section
94934.
(c) In addition to maintaining the Internet Web site described in
subdivision (a), the bureau shall provide the information described
in paragraph (2) of subdivision (a) to the California Postsecondary
Education Commission (CPEC), and the CPEC shall include that
information in an Internet Web site directory of school performance
data maintained by the CPEC. To the extent possible, the bureau shall
provide this information consistent with the information collected
for reporting to the Integrated Postsecondary Education Data System
of the United States Department of Education, including institutional
characteristics, completion, annual enrollment, and graduation
rates.

94879. The bureau shall conduct an outreach program to secondary
school students as well as prospective and current private
postsecondary students, to provide them with information on how to
best select a private postsecondary institution, how to enter into
enrollment agreements, how to make informed decisions in the private
postsecondary education marketplace, and how to contact the bureau
for assistance. The bureau may accomplish the purposes of this
section in cooperation with the department.

94880. (a) There is within the bureau a 12-member advisory
committee. On or before July 1, 2010, the members of the committee
shall be appointed as follows:
(1) Three members, who shall have a demonstrated record of
advocacy on behalf of consumers, of which the Director of Consumer
Affairs, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint one member.
(2) Two members, who shall be current or past students of
institutions, appointed by the Director of Consumer Affairs.
(3) Three members, who shall be representatives of institutions,
appointed by the Director of Consumer Affairs.
(4) Two members, which shall be employers that hire students,
appointed by the Director of Consumer Affairs.
(5) One public member appointed by the Senate Committee on Rules.
(6) One public member appointed by the Speaker of the Assembly.
(b) The advisory committee shall advise the bureau with respect to
matters relating to private postsecondary education and the
administration of this chapter, including annually reviewing the fee
schedule, licensing, and enforcement provisions of this chapter.
(c) The bureau shall actively seek input from, and consult with,
the advisory committee regarding the development of regulations to
implement this chapter.

94881. The bureau may conduct workshops to provide applicants and
institutions information on application processes, compliance with
this chapter, best practices for providing postsecondary educational
programs, and other subjects concerning postsecondary education.

94882. The bureau may empanel visiting committees to assist in
evaluating an institution's application for an approval to operate.
The members of visiting committees shall serve at no expense to the
state, except that the bureau may reimburse the members of visiting
committees for actual travel and per diem expenses incurred during
the evaluation. The bureau may seek reimbursement for the travel and
per diem costs from the institution that is the subject of an
evaluation.

94883. (a) Any individual serving on a visiting committee who
provides information to the bureau, or its staff, in the course of
evaluating any institution, or who testifies in any administrative
hearing arising under this chapter, is entitled to a defense and
indemnification in any action arising out of the information or
testimony provided as if he or she were a public employee.
(b) Any defense and indemnification shall be solely with respect
to the action pursuant to Article 4 (commencing with Section 825) of
Chapter 1 of Part 2 of, and Part 7 (commencing with Section 995) of
Division 3.6 of Title 1 of, the Government Code.

94884. The bureau is subject to Section 27 of the Business and
Professions Code.