AB 2652, as amended, Eggman. California Private Postsecondary Education Act of 2009: applicability.
Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions.
Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions from its provisions, does not apply to private postsecondary educational institutions that do not maintain a physical presence in the state, and is repealed on January 1, 2017.
This bill would, to the extent authorized by federal law, require a private entity with no physical presence in this state, that would be subject to the requirements of this act if the entity was located in this state, to register with the bureau and participate in the act’s Student Tuition Recovery Fund for its California students.begin delete The bill would establish a private task force comprised of specified individuals to make recommendations, by July 1, 2018, to the Legislature and the Governor on how California should regulate educational programs offered, by institutions with no physical presence in this state, to the California public by means of distance education.end delete The requirements of the bill would be repealed on July 1, 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertIt is the intent of the Legislature that appropriate
2stakeholders work collaboratively to address how best to regulate
3educational programs offered to the public by means of distance
4education by institutions with no physical presence in Californiaend insertbegin insert.end insert
Section 94801.5 is added to the Education Code, to
7read:
(a) Effective July 1, 2017, to the extent authorized
9by federal law, a private entity with no physical presence in this
10state that, if the entity was geographically located in this state,
11would be subject to the requirements of this act shall do both of
12the following:
13(1) Register with the bureau.
(2) Participate in the Student Tuition Recovery Fund for its California students.
(b) Effective January 30, 2017, there shall be a Private Postsecondary Distance Learning Task Force comprised of the following representatives:
(1) A representative from the Student Aid Commission.
14(2) A representative from the Department of Consumer Affairs.
(3) A representative from the Department of Veterans Affairs.
(4) A representative appointed by the Assembly.
(5) A representative appointed by the Senate.
(6) A representative appointed by the Governor’s office.
(7) A representative of a nonprofit consumer advocacy organization appointed by the director with a history of advocacy before the bureau.
(8) A representative of an accredited private postsecondary institution.
(9) A representative from the Attorney General’s office.
(10) A representative of a nonprofit legal aid organization that represents private postsecondary students.
(11) A representative of an unaccredited private postsecondary institution with geographic locations only in California.
(12) A representative of a nonprofit postsecondary institution and a representative of a public institution may be appointed by the director as nonvoting members.
(c) (1) The task force, by July 1, 2018, shall make recommendations to the Legislature and the Governor on how California, consistent with the bureau’s primary aim of ensuring public protection, should regulate educational programs offered to the public by means of distance education by institutions with no physical presence in California that would, if geographically located in California, be subject to the requirements of this act.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d)
end deletebegin insert(end insertbegin insertb)end insert This section shall remain in effect only until July 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2018, deletes or extends that date.
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