BILL NUMBER: AB 2393 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 31, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE JUNE 23, 2010
AMENDED IN ASSEMBLY APRIL 22, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 19, 2010
An act to amend Sections 94809.6 and 94928 of the Education Code,
relating to private postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2393, Ammiano. California Private Postsecondary Education Act
of 2009.
(1) The California Private Postsecondary Education Act of 2009
provides for the regulation of private postsecondary educational
institutions by the Bureau for Private Postsecondary Education, with
specified exceptions. The act requires private postsecondary
educational institutions to comply with various fair business
practices, as specified.
The act includes transition provisions from the former Private
Postsecondary and Vocational Education Reform Act of 1989, which,
among other things, provide for the preservation of certain claims
and remedies under the former act.
This bill would require a remedy that could have been ordered to
redress a violation of the former act to remain available for certain
actions that were commenced after June 30, 2007, and before January
1, 2010.
(2) The act requires private postsecondary educational
institutions to annually report to the bureau, and publish various
statistics including job placement rates. The act requires job
placement rates to be calculated by dividing the number of graduates
employed in the field by the number of graduates available for
employment for specified programs. The act defines "graduates
employed in the field" for the purposes of these provisions.
This bill, with respect to occupations or jobs in an
apprenticeship program approved by the Division of Apprenticeship
Standards of the Department of Industrial Relations or a position for
which the Board of Registered Nursing has established licensure
requirements, would separately define "graduates employed in the
field" for purposes of the reporting requirements.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 94809.6 of the Education Code is amended to
read:
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.
(c) A remedy that could have been ordered to redress a violation
of the former Private Postsecondary and Vocational Education Reform
Act of 1989 on or before June 30, 2007, shall remain available for
all actions described in subdivision (a) of Section 94809.5 that were
commenced after June 30, 2007, and before January 1, 2010, except
claims to the Student Tuition Recovery Fund.
SEC. 2. Section 94928 of the Education Code is amended to read:
94928. As used in this article, the following terms have the
following meanings:
(a) "Cohort population" means the number of students that began a
program on a cohort start date.
(b) "Cohort start date" means the first class day after the
cancellation period during which a cohort of students attends class
for a specific program.
(c) "Graduates" means the number of students who complete a
program within 100 percent of the published program length. An
institution may separately state completion information for students
completing the program within 150 percent of the original contracted
time, but that information may not replace completion information for
students completing within the original scheduled time. Completion
information shall be separately stated for each campus or branch of
the institution.
(d) "Graduates available for employment" means the number of
graduates minus the number of graduates unavailable for employment.
(e) (1) Except as provided in paragraphs (2) and (3), "graduates
employed in the field" means graduates who are gainfully employed
within six months of graduation in a position for which the skills
obtained through the education and training provided by the
institution are required or provided a significant advantage to the
graduate in obtaining the position.
(2) With respect to an occupation or job for which the Division of
Apprenticeship Standards of the Department of Industrial Relations
has approved a certified apprenticeship program, "graduates employed
in the field" means graduates who are gainfully employed for not less
than 60 days within six months of graduation in a position with job
duties meeting all of the criteria of the apprenticeable occupation
or job set forth by the Division of Apprenticeship Standards.
(3) With respect to an occupation or job for which the Board of
Registered Nursing has established licensure requirements, "graduates
employed in the field" means graduates who are gainfully employed
for not less than 60 days within six months of passage of the
National Council of State Boards of Nursing Licensure Examination in
a position with job duties meeting all of the criteria of the
licensed occupation or job set forth by the Board of Registered
Nursing.
(f) "Graduates unavailable for employment" means graduates who,
after graduation, die, become incarcerated, are called to active
military duty, are international students that leave the United
States or do not have a visa allowing employment in the United
States, or are continuing their education at an accredited or
bureau-approved postsecondary institution.
(g) "Students available for graduation" means the cohort
population minus the number of students unavailable for graduation.
(h) "Students unavailable for graduation" means students who have
died, been incarcerated, or called to active military duty.