SECTIONS 94885-94892 - California Statutes

EDUCATION CODE

SECTION 94885-94892

94885. The bureau shall, by January 1, 2011, adopt by regulation
minimum operating standards for an institution that shall reasonably
ensure that all of the following occur:
(a) The content of each educational program can achieve its stated
objective.
(b) The institution maintains specific written standards for
student admissions for each educational program and those standards
are related to the particular educational program.
(c) The facilities, instructional equipment, and materials are
sufficient to enable students to achieve the educational program's
goals.
(d) The institution maintains a withdrawal policy and provides
refunds.
(e) The directors, administrators, and faculty are properly
qualified.
(f) The institution is financially sound and capable of fulfilling
its commitments to students.
(g) That, upon satisfactory completion of an educational program,
the institution gives students a document signifying the degree or
diploma awarded.
(h) Adequate records and standard transcripts are maintained and
are available to students.
(i) The institution is maintained and operated in compliance with
this chapter and all other applicable ordinances and laws.

94886. Except as exempted in Article 4 (commencing with Section
94874) or in compliance with the transition provisions in Article 2
(commencing with Section 94802), a person shall not open, conduct, or
do business as a private postsecondary educational institution in
this state without obtaining an approval to operate under this
chapter.

94887. An approval to operate shall be granted only after an
applicant has presented sufficient evidence to the bureau, and the
bureau has independently verified the information provided by the
applicant through site visits or other methods deemed appropriate by
the bureau, that the applicant has the capacity to satisfy the
minimum operating standards. The bureau shall deny an application for
an approval to operate if the application does not satisfy those
standards.

94888. (a) The bureau shall, by January 1, 2011, adopt by
regulation both of the following:
(1) The process and procedures whereby an institution seeking
approval to operate may apply for and obtain an approval to operate.
(2) The process and procedures governing the bureau's approval and
denial of applications for approval to operate, including the
process and procedures whereby an applicant for which an application
has been denied may appeal that denial.
(b) The bureau shall, by regulation, establish a process for
issuing a notification of a denial of an approval to operate to an
institution that submits an application for approval to operate and
for which that application is denied. The notification of denial
shall include a statement of reasons for the denial.

94889. Except as provided in subdivision (b) of Section 94890, an
approval to operate shall be for a term of five years.

94890. (a) (1) The bureau shall grant an institution that is
accredited an approval to operate by means of its accreditation.
(2) The bureau shall, by January 1, 2011, adopt by regulation, the
process and procedures whereby an institution that is accredited may
apply for and obtain an approval by means of that accreditation.
(b) The term of an approval to operate pursuant to this section
shall be coterminous with the term of accreditation. Upon renewal of
the institution's accreditation, the institution shall submit
verification to the bureau, on a form provided by the bureau, that
the institution's accreditation has been renewed.
(c) Institutions that are granted an approval to operate by means
of the institution's accreditation shall comply with all other
applicable requirements in this chapter.

94891. (a) The bureau shall, by January 1, 2011, adopt by
regulation the process and procedures whereby an institution may
obtain a renewal of an approval to operate.
(b) To be granted a renewal of an approval to operate, the
institution shall demonstrate its continued capacity to meet the
minimum operating standards.

94892. If an agency of this state other than the bureau or of the
federal government provides an approval to offer an educational
program and the institution already has a valid approval to operate
issued by the bureau, that agency's educational program approval may
satisfy the requirements of this article without any further review
by the bureau. The bureau may incorporate that educational program
into the institution's approval to operate when the bureau receives
documentation signifying the conferral of the educational program
approval by that agency.