BILL NUMBER: AB 1720	CHAPTERED  10/01/01

	CHAPTER  399
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2001
	PASSED THE SENATE  AUGUST 30, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 18, 2001
	AMENDED IN SENATE  JUNE 19, 2001

INTRODUCED BY   Committee on Higher Education (Alquist (Chair),
Havice, Jackson, Liu, Lowenthal, Matthews, Negrete McLeod, Robert
Pacheco, and Wyman)

                        MARCH 14, 2001

   An act to amend Section 473.3 of the Business and Professions
Code, relating to private postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1720, Committee on Higher Education.  Private postsecondary and
vocational education:  Joint Legislative Sunset Review Committee:
Bureau for Private Postsecondary and Vocational Education:
California Postsecondary Education Commission:   report.
   The existing Private Postsecondary and Vocational Education Reform
Act of 1989, which is administered by the Bureau for Private
Postsecondary and Vocational Education in the Department of Consumer
Affairs, generally effectuates legislative intent to ensure minimum
standards of instructional quality and institutional stability in
private postsecondary educational institutions.  Existing law
establishes the California Postsecondary Education Commission as the
statewide postsecondary education planning and coordinating agency
and as an adviser to the Legislature and the Governor.
   Existing law establishes the Joint Legislative Sunset Review
Committee, and specifies its duties with respect to the review of
various boards and commissions.  Existing law requires the committee,
in 2002 and every 4 years thereafter, to hold a public hearing to
receive testimony from the Director of Consumer Affairs, the Bureau
for Private Postsecondary and Vocational Education, private
postsecondary educational institutions regulated by the bureau, and
students of those institutions.
   Existing law establishes the California Postsecondary Education
Commission for, among other purposes, the collection of data
pertinent to the planning and coordination of the higher education
system of the state.
   This bill would require the committee to conduct the public
hearing in cooperation with the commission.  The bill would also
require the committee, in cooperation with the commission, to review
and evaluate the effectiveness and efficiency of the bureau based
upon specified factors and standards of performance.
   The bill would require the committee to report its findings and
recommendations to the Department of Consumer Affairs in accordance
with a prescribed statute.  The bill would also require the bureau to
prepare an analysis and submit a report to the committee in
accordance with prescribed criteria.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 473.3 of the Business and Professions Code is
amended to read:
   473.3.  (a) Prior to the termination, continuation, or
reestablishment of any board or any of the board's functions, the
Joint Legislative Sunset Review Committee shall, during the interim
recess preceding the date upon which a board becomes inoperative,
hold public hearings to receive testimony from the Director of
Consumer Affairs, the board involved, and the public and regulated
industry.  In that hearing, each board shall have the burden of
demonstrating a compelling public need for the continued existence of
the board or regulatory program, and that its licensing function is
the least restrictive regulation consistent with the public health,
safety, and welfare.
   (b) In addition to subdivision (a), in 2002 and every four years
thereafter, the committee, in cooperation with the California
Postsecondary Education Commission, shall hold a public hearing to
receive testimony from the Director of Consumer Affairs, the Bureau
for Private Postsecondary and Vocational Education, private
postsecondary educational institutions regulated by the bureau, and
students of those institutions.  In those hearings, the bureau shall
have the burden of demonstrating a compelling public need for the
continued existence of the bureau and its regulatory program, and
that its function is the least restrictive regulation consistent with
the public health, safety, and welfare.
   (c) The committee, in cooperation with the California
Postsecondary Education Commission, shall evaluate and review the
effectiveness and efficiency of the Bureau for Private Postsecondary
and Vocational Education, based on factors and minimum standards of
performance that are specified in Section 473.4.  The committee shall
report its findings and recommendations as specified in Section
473.5.  The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.