BILL NUMBER: AB 446 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 7, 1995
AMENDED IN SENATE AUGUST 21, 1995
AMENDED IN SENATE JULY 19, 1995
AMENDED IN SENATE JUNE 12, 1995
AMENDED IN ASSEMBLY MARCH 27, 1995
INTRODUCED BY Assembly Committee on Higher Education
FEBRUARY 16, 1995
An act to amend, repeal, and add Sections 28, 1247.6, 2902, 4939,
4980.40, and 18629 of the Business and Professions Code, to amend,
repeal, and add Section 1812.501 of the Civil Code, to amend, repeal,
and add Section 10251 of the Corporations Code, to amend Sections
1510, 8152, 12050, 12052, 12053, 12400, 66010, 66015, 66022, 66023,
66202.5, 66743, 66753.5, 66903, 66903.3, 67385, 67500,
68011, 68133, 69509, 69613, 69615.2, 69634, 69900, 69908, 71000,
71020.5, 71090.5, 72023.5, 72411.5, 72425, 72620, 74270, 76000,
76140, 76210, 76225, 76231, 76232, 76240, 76245, 76330, 76330.1,
76355, 76370, 76380, 76391, 78015, 78217, 79121, 81033, 81130.5,
81141, 81162, 81177, 81314, 81345, 81348, 81401, 81530, 81551, 81661,
81821, 84362, 84501, 84751, 84810.5, 84820, 85223, 85233, 85267,
87008, 87017, 87411, 87413, 87414, 87418, 87419, 87420, 87423, 87448,
87451, 87453, 87460, 87464, 87468, 87469, 87470, 87483, 87487,
87603, 87604, 87622, 87672, 87673, 87675, 87676, 87677, 87701, 87715,
87732, 87734, 87740, 87744, 87745, 87746, 87762, 87764, 87768.5,
87770, 87774, 87780, 87781, 87787, 87790, 87832, 88000, 88001, 88002,
88003, 88004.5, 88010, 88013, 88014, 88015, 88020, 88023, 88024,
88030, 88033, 88036, 88050, 88051, 88053, 88054, 88057, 88063.5,
88076, 88083, 88086.5, 88092, 88093, 88097, 88098, 88104, 88105,
88107, 88120, 88125, 88126, 88128, 88132, 88136, 88164, 88165, 88167,
88168, 88185, 88191, 88192, 88194, 88195, 88196, 88197, 88198,
88203, 88205, 88205.5, 88206, 88207, 88227, 88245, 88263, 89002,
89036, 89046, 89047, 89300, 89310, 89537, 92620, 99100, 99103, 99105,
and 99106 of, to amend the heading of Article 1 (commencing with
Section 10000) of Chapter 1 of Part 7 of, to amend the heading of
Article 13 (commencing with Section 69760) of Chapter 2 of Part 42
of, to amend and renumber the heading of Part 43.5 (commencing with
Section 70900) of, to amend, repeal, and add Sections 8092, 8092.5,
44227, 49073, 66170, 67140, 69509.5, 94050, and
94355 of, to add Sections 66903.1, 67359.9, 84756,
84757, and 84758 to, to add an article heading immediately preceding
Section 92020 of, to add Article 12 (commencing with Section 44390)
to Chapter 2 of Part 25 of, Article 6 (commencing with Section 66060)
and Article 7 (commencing with Section 66070) to Chapter 2 of Part
40 of, and Article 6 (commencing with Section 89250) to Chapter 2 of
Part 55 of, to add Chapter 11.3 (commencing with Section 66940) to
Part 40 of, and Chapter 7 (commencing with Section 94700) to Part 59
of, to repeal Sections 8081, 8084, 12051, 12061, 66207, 66211,
66605.5, 66723, 66744, 66903.4, 66903.6, 67321, 67386, 67392,
69507.7, 69534, 69534.2, 69534.5, 69534.6, 69639, 69766.1, 72410,
76320, 76392, 78217, 78310, 87012, 87018, 87461, 87772, 87773, 87778,
88032, 88035.5, 88079.1, 89003, 89004, 89009, 89032, 89033, 89040,
89070.45, 89081, 89082, 89083, 89211, 89241, 89242, 89703, 92010,
92610, and 92697 of, to repeal the headings of Article 2 (commencing
with Section 92010) and Article 3 (commencing with Section 92030) of
Chapter 1 of Part 57 of, to repeal Article 4 (commencing with Section
8225) of Chapter 2 of Part 6 of, Article 5 (commencing with Section
69580) of, Article 6 (commencing with Section 69618) of, Article 6.5
(commencing with Section 69619) of, Article 7 (commencing with
Section 69620) of, Article 10 (commencing with Section 69700) of,
Article 11 (commencing with Section 69720) of, Article 12 (commencing
with Section 69740) of, Article 14 (commencing with Section 69795)
of, Chapter 2 of Part 42 of, Article 2.5 (commencing with Section
78230) of Chapter 2 of Part 48 of, Article 3 (commencing with Section
89060) of Chapter 1 of, Article 2 (commencing with Section 90420) of
Chapter 10 of, Article 3 (commencing with Section 90430) of Chapter
10 of, Article 4 (commencing with Section 90440) of Chapter 10 of,
Article 2 (commencing with Section 90510) of Chapter 11 of, Part 55
of, Article 2 (commencing with Section 92230) of Chapter 3 of, and
Article 4 (commencing with Section 92630) of Chapter 6 of, Part 57
of, to repeal Chapter 14 (commencing with Section 11300) of Part 7
of, Chapter 7 (commencing with Section 66501 of, Chapter 11.5
(commencing with Section 66950) of, Chapter 13 (commencing with
Section 67100) of, Chapter 14.2 (commencing with Section 67310) of,
Part 40 of, Chapter 1 (commencing with Section 69270) of, Chapter 1.5
(commencing with Section 69300) of, Part 42 of, Chapter 2
(commencing with Section 87203) of Part 51 of, Chapter 5.5
(commencing with Section 92580) of, Chapter 5.7 (commencing with
Section 92590) of, Part 57 of, and Chapter 3 (commencing with Section
94300) of Part 59 of, to amend and repeal Section 76330.1 of, to
repeal and add Sections 66900 and 66903.2 of, and to repeal and add
Chapter 14 (commencing with Section 67300) of Part 40 of, the
Education Code, to amend, repeal, and add Section 12419.9 of the
Government Code, to add Article 1.5 (commencing with Section 447) to
Part 1.95 of, and Part 6.5 (commencing with Section 1189) to,
Division 1 of, the Health and Safety Code, to amend, repeal, and add
Section 11520 of the Insurance Code, and to amend, repeal, and add
Section 633 of the Unemployment Insurance Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 446, as amended, Assembly Committee on Higher Education.
Postsecondary education.
(1) The Education Code includes numerous provisions governing
postsecondary education.
This bill would declare that it is the intent of the Legislature
in enacting this bill to streamline the postsecondary education
provisions of the Education Code. The bill would repeal obsolete and
redundant laws, reorganize certain laws, and revise and recast
certain laws to conform to changes in related law. The bill would
also make technical changes.
(2) The bill would specify that certain provisions of the bill
governing private postsecondary and vocational institutions shall
become operative on January 1, 1997.
(3) The bill also would provide that any section of any bill
enacted by the Legislature during the 1995 calendar year that takes
effect on or before January 1, 1996, and that amends, amends and
renumbers, adds, repeals and adds, or repeals a provision with the
same number as a provision amended, repealed, or added by this bill,
shall prevail over this bill, whether that bill is enacted prior to,
or subsequent to, this bill, except as specified.
(4) The bill would incorporate changes made by certain bills
chaptered during the 1995 portion of the 1995-96 Regular Session
relating to licensure requirements and student members of community
college governing boards.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to streamline the postsecondary education provisions of the
Education Code.
SEC. 2. Section 28 of the Business and Professions Code is amended
to read:
28. The Legislature finds that there is a need to ensure that
professionals of the healing arts who have demonstrable contact with
child abuse victims, potential child abuse victims, and child abusers
and potential child abusers are provided with adequate and
appropriate training regarding the assessment and reporting of child
abuse which will ameliorate, reduce, and eliminate the trauma of
child abuse and neglect and ensure the reporting of child abuse in a
timely manner to prevent additional occurrences.
The Psychology Examining Committee and the Board of Behavioral
Science Examiners shall establish required training in the area of
child abuse assessment and reporting for all persons applying for
initial licensure and renewal of a license as a psychologist,
clinical social worker, or marriage, family, and child counselor on
or after January 1, 1987. This training shall be required one time
only for all persons applying for initial licensure or for licensure
renewal on or after January 1, 1987.
All persons applying for initial licensure and renewal of a
license as a psychologist, clinical social worker, or marriage,
family and child counselor on or after January 1, 1987, shall, in
addition to all other requirements for licensure or renewal, have
completed coursework or training in child abuse assessment and
reporting which meets the requirements of this section, including
detailed knowledge of Section 11165 of the Penal Code. The training
shall:
(a) Be completed after January 1, 1983.
(b) Be obtained from one of the following sources:
(1) An accredited or approved educational institution, as defined
in Section 2902, including extension courses offered by those
institutions.
(2) An educational institution approved by the Department of
Education pursuant to Section 94310 of the Education Code.
(3) A continuing education provider approved by the responsible
board or examining committee.
(4) A course sponsored or offered by a professional association or
a local, county, or state department of health or mental health for
continuing education and approved by the responsible board.
(c) Have a minimum of 7 contact hours.
(d) Include the study of the assessment and method of reporting of
sexual assault, neglect, severe neglect, general neglect, willful
cruelty or unjustifiable punishment, corporal punishment or injury,
and abuse in out-of-home care. The training shall also include
physical and behavioral indicators of abuse, crisis counseling
techniques, community resources, rights and responsibilities of
reporting, consequences of failure to report, caring for a child's
needs after a report is made, sensitivity to previously abused
children and adults, and implications and methods of treatment for
children and adults.
(e) All applicants shall provide the appropriate board with
documentation of completion of the required child abuse training.
The Psychology Examining Committee and the Board of Behavioral
Science Examiners shall exempt any applicant who applies for an
exemption from the requirements of this section and who shows to the
satisfaction of the committee or board that there would be no need
for the training in his or her practice because of the nature of that
practice.
It is the intent of the Legislature that a person licensed as a
psychologist, clinical social worker, or marriage, family, and child
counselor have minimal but appropriate training in the areas of child
abuse assessment and reporting. It is not intended that by solely
complying with the requirements of this section, a practitioner is
fully trained in the subject of treatment of child abuse victims and
abusers.
(f) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 2.5. Section 28 is added to the Business and Professions
Code, to read:
28. The Legislature finds that there is a need to ensure that
professionals of the healing arts who have demonstrable contact with
child abuse victims, potential child abuse victims, and child abusers
and potential child abusers are provided with adequate and
appropriate training regarding the assessment and reporting of child
abuse which will ameliorate, reduce, and eliminate the trauma of
child abuse and neglect and ensure the reporting of child abuse in a
timely manner to prevent additional occurrences.
The Psychology Examining Committee and the Board of Behavioral
Science Examiners shall establish required training in the area of
child abuse assessment and reporting for all persons applying for
initial licensure and renewal of a license as a psychologist,
clinical social worker, or marriage, family, and child counselor on
or after January 1, 1987. This training shall be required one time
only for all persons applying for initial licensure or for licensure
renewal on or after January 1, 1987.
All persons applying for initial licensure and renewal of a
license as a psychologist, clinical social worker, or marriage,
family and child counselor on or after January 1, 1987, shall, in
addition to all other requirements for licensure or renewal, have
completed coursework or training in child abuse assessment and
reporting which meets the requirements of this section, including
detailed knowledge of Section 11165 of the Penal Code. The training
shall:
(a) Be completed after January 1, 1983.
(b) Be obtained from one of the following sources:
(1) An accredited or approved educational institution, as defined
in Section 2902, including extension courses offered by those
institutions.
(2) An educational institution approved by the Council for
Private Postsecondary and Vocational Education pursuant to Article 4
(commencing with Section 94760) of Chapter 7 of Part 59 of the
Education Code.
(3) A continuing education provider approved by the responsible
board or examining committee.
(4) A course sponsored or offered by a professional association or
a local, county, or state department of health or mental health for
continuing education and approved by the responsible board.
(c) Have a minimum of 7 contact hours.
(d) Include the study of the assessment and method of reporting of
sexual assault, neglect, severe neglect, general neglect, willful
cruelty or unjustifiable punishment, corporal punishment or injury,
and abuse in out-of-home care. The training shall also include
physical and behavioral indicators of abuse, crisis counseling
techniques, community resources, rights and responsibilities of
reporting, consequences of failure to report, caring for a child's
needs after a report is made, sensitivity to previously abused
children and adults, and implications and methods of treatment for
children and adults.
(e) All applicants shall provide the appropriate board with
documentation of completion of the required child abuse training.
The Psychology Examining Committee and the Board of Behavioral
Science Examiners shall exempt any applicant who applies for an
exemption from the requirements of this section and who shows to the
satisfaction of the committee or board that there would be no need
for the training in his or her practice because of the nature of that
practice.
It is the intent of the Legislature that a person licensed as a
psychologist, clinical social worker, or marriage, family, and child
counselor have minimal but appropriate training in the areas of child
abuse assessment and reporting. It is not intended that by solely
complying with the requirements of this section, a practitioner is
fully trained in the subject of treatment of child abuse victims and
abusers.
(f) This section shall become operative on January 1, 1997.
SEC. 3. Section 1247.6 of the Business and Professions Code is
amended to read:
1247.6. (a) Rather than conduct a training and testing program, a
hemodialysis clinic or unit may employ hemodialysis technicians who
meet one or more of the following requirements:
(1) Are certified by the department as having been certified by
the Board of Nephrology Examination for Nurses and Technicians
(BONENT).
(2) Are certified by the department as having completed a
department-approved training and testing program in a hemodialysis
clinic or unit.
(3) Are certified by the department as being graduates of a local
training and testing program operated by an accredited college or
accredited university. As used in this article, accredited has the
same meaning as defined in subdivision (g) of Section 94302 of the
Education Code.
(4) Are certified by the department as hemodialysis technicians on
or before the effective date of regulations adopted pursuant to
Section 1247.4.
(b) A hemodialysis clinic or unit that conducts a training and
testing program pursuant to Section 1247.5 also may employ persons
described in subdivision (a).
(c) This article does not apply to home dialysis patients, or
patient helpers not employed by the licensed facility, who have
undergone a home dialysis training program operated by a licensed
clinic or hospital as defined in Sections 1204 and 1250 of the Health
and Safety Code and have been certified by the medical director of
the facility as being competent to perform home dialysis treatment.
(d) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 3.5. Section 1247.6 is added to the Business and Professions
Code, to read:
1247.6. (a) Rather than conduct a training and testing program, a
hemodialysis clinic or unit may employ hemodialysis technicians who
meet one or more of the following requirements:
(1) Are certified by the department as having been certified by
the Board of Nephrology Examination for Nurses and Technicians
(BONENT).
(2) Are certified by the department as having completed a
department-approved training and testing program in a hemodialysis
clinic or unit.
(3) Are certified by the department as being graduates of a local
training and testing program operated by an accredited college or
accredited university. As used in this article, accredited has the
same meaning as defined by Section 94711 of the Education Code.
(4) Are certified by the department as hemodialysis technicians on
or before the effective date of regulations adopted pursuant to
Section 1247.4.
(b) A hemodialysis clinic or unit that conducts a training and
testing program pursuant to Section 1247.5 also may employ persons
described in subdivision (a).
(c) This article does not apply to home dialysis patients, or
patient helpers not employed by the licensed facility, who have
undergone a home dialysis training program operated by a licensed
clinic or hospital as defined in Sections 1204 and 1250 of the Health
and Safety Code and have been certified by the medical director of
the facility as being competent to perform home dialysis treatment.
(d) This section shall become operative on January 1, 1997.
SEC. 4. Section 2902 of the Business and Professions Code is
amended to read:
2902. As used in this chapter, unless the context clearly
requires otherwise and except as in this chapter expressly otherwise
provided:
(a) "Licensed psychologist" means an individual to whom a license
has been issued pursuant to the provisions of this chapter, and which
license is in force and has not been suspended or revoked.
(b) "Division" means the Division of Licensing of the Medical
Board of California. "Board" means the Board of Psychology.
(c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant," "psychometry," "psychometrics" or
"psychometrist," "psychotherapy," "psychotherapist," "psychoanalysis,"
"psychoanalyst" or when the person holds himself or herself out to
be trained, experienced, or an expert in the field of psychology.
(d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
an institution accredited under subdivision (a) of Section 94310.1
of the Education Code, or an institution located in another state
which is accredited by a national or an applicable regional
accrediting agency recognized by the United States Department of
Education.
(e) "Approved," as used with reference to academic institutions,
means approved under subdivision (b) of Section 94310.2 of the
Education Code.
(f) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 4.5. Section 2902 is added to the Business and Professions
Code, to read:
2902. As used in this chapter, unless the context clearly
requires otherwise and except as in this chapter expressly otherwise
provided:
(a) "Licensed psychologist" means an individual to whom a license
has been issued pursuant to this chapter, and which license is in
force and has not been suspended or revoked.
(b) "Division" means the Division of Licensing of the Medical
Board of California. "Board" means the Board of Psychology.
(c) A person represents himself or herself to be a psychologist
when the person holds himself or herself out to the public by any
title or description of services incorporating the words "psychology,"
"psychological," "psychologist," "psychology consultation,"
"psychology consultant," "psychometry," "psychometrics" or
"psychometrist," "psychotherapy," "psychotherapist," "psychoanalysis,"
"psychoanalyst" or when the person holds himself or herself out to
be trained, experienced, or an expert in the field of psychology.
(d) "Accredited," as used with reference to academic institutions,
means the University of California, the California State University,
an institution accredited under Section 94761 of the Education Code,
or an institution located in another state which is accredited by a
national or an applicable regional accrediting agency recognized by
the United States Department of Education.
(e) "Approved," as used with reference to academic institutions,
means approved under Section 94777 of the Education Code.
(f) This section shall become operative on January 1, 1997.
SEC. 5. Section 4939 of the Business and Professions Code is
amended to read:
4939. (a) The committee shall establish standards for the
approval of schools and colleges offering education and training in
the practice of an acupuncturist, including standards for the faculty
in those schools and colleges, and tutorial programs, completion of
which will satisfy the requirements of Section 4938.
(b) Within three years of initial approval by the committee each
program so approved by the committee shall receive full institutional
approval under Section 94310 of the Education Code in the field of
traditional oriental medicine, or in the case of institutions located
outside of this state, approval by the appropriate governmental
educational authority using standards equivalent to those of Section
94310 of the Education Code, or the committee's approval of the
program shall automatically lapse.
(c) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 5.5. Section 4939 is added to the Business and Professions
Code, to read:
4939. (a) The committee shall establish standards for the
approval of schools and colleges offering education and training in
the practice of an acupuncturist, including standards for the faculty
in those schools and colleges, and tutorial programs, completion of
which will satisfy the requirements of Section 4938.
(b) Within three years of initial approval by the committee each
program so approved by the committee shall receive full institutional
approval under Article 4 (commencing with Section 94760) of Chapter
7 of Part 59 of the Education Code in the field of traditional
oriental medicine, or in the case of institutions located outside of
this state, approval by the appropriate governmental educational
authority using standards equivalent to those of Article 4
(commencing with Section 94760) of Chapter 7 of Part 59 of the
Education Code, or the committee's approval of the program shall
automatically lapse.
(c) This section shall become operative on January 1, 1997.
SEC. 6. Section 4980.40 of the Business and Professions Code is
amended to read:
4980.40. To qualify for a license an applicant shall have all
of the following qualifications:
(a) Applicants applying for licensure on or after January 1, 1988,
shall possess a doctor's or master's degree in marriage, family, and
child counseling, marital and family therapy, psychology, clinical
psychology, counseling psychology, counseling with an emphasis in
marriage, family, and child counseling, or social work with an
emphasis in clinical social work, obtained from a school, college, or
university accredited by the Western Association of Schools and
Colleges, the Northwest Association of Secondary and Higher Schools,
or an essentially equivalent accrediting agency, as determined by the
board, or approved by the Council for Private Postsecondary and
Vocational Education, pursuant to subdivision (d) of Section 94310 of
the Education Code. For purposes of this chapter, the term
"approved by the Council for Private Postsecondary and Vocational
Education" shall not include temporary, conditional, or any other
type of interim approval. In order to qualify for licensure pursuant
to this subdivision, any doctor's or master's degree program shall
contain no less than 48 semester or 72 quarter units of instruction.
The instruction shall include no less than 12 semester units or 18
quarter units of coursework in the areas of marriage, family, and
child counseling, and marital and family systems approaches to
treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage, family, and child
counseling, and marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board may, by regulation, further define the content
requirements of required courses specified in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage, family, and
child counselor.
(2) On and after January 1, 1995, the practicum shall include a
minimum of 150 hours of face-to-face experience counseling
individuals, couples, families, or groups.
(3) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
(B) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage, family, and child counseling and
psychotherapy under the supervision of a licensed marriage, family,
and child counselor, licensed clinical social worker, licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology. Experience shall not be
gained under the supervision of an individual who has provided
therapeutic services to that applicant. For those supervisorial
relationships in effect on or before December 31, 1988, and which
remain in continuous effect thereafter, experience may be gained
under the supervision of a licensed physician who has completed a
residency in psychiatry. Any person supervising another person
pursuant to this subdivision shall have been licensed or certified
for at least two years prior to acting as a supervisor, shall have a
current and valid license that is not under suspension or probation,
and shall meet the requirements established by regulations.
(g) The applicant shall pass a written examination and an oral
examination conducted by the board or its designees.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in the United States that involves
sexual abuse of children or who has been ordered to register as a
mentally disordered sex offender or the equivalent in another state
or territory.
(i) Applicants applying for licensure on or before December 31,
1987, shall possess all of the qualifications specified in
subdivisions (e) to (h), inclusive, and shall possess a doctor's or
master's degree in marriage, family, and child counseling, social
work, clinical psychology, counseling, counseling psychology, child
development and family studies, or a degree determined by the board
to be equivalent, obtained from a school, college, or university
accredited by the Western Association of Schools and Colleges, the
Northwest Association of Secondary and Higher Schools, or an
essentially equivalent accrediting agency as determined by the board.
(j) For applicants applying for a license pursuant to subdivision
(i), the board may make a determination that an applicant's master's
or doctor's degree is an equivalent degree if it finds that the
degree was issued upon completion of a course of academic study
primarily designed to train persons as a marriage, family, and child
counselor. The course of study completed by the applicant shall
contain not less than 30 semester or 45 quarter units of coursework
as follows: (1) human biological, psychological, and social
development, (2) human sexuality, (3) psychopathology, (4)
cross-cultural mores and values, (5) theories of marriage, family,
and child counseling, (6) professional ethics and law, (7) human
communication, (8) research methodology, (9) theories and
applications of psychological testing, and (10) not less than six
semester or nine quarter units of supervised practicum in applied
psychotherapeutic techniques, assessment, diagnosis, prognosis, and
treatment of premarital, family, and child relationship dysfunctions.
The applicant shall submit to the board satisfactory written
verification by the chief academic officer of the accredited or
approved school, or by an authorized designee, that the applicant has
successfully completed courses, including the practicum required by
the board. The verification shall include, but need not be limited
to, descriptions of the completed courses. The board may request
further written verification of course content and academic
experience to determine that the applicant's training and experience
is equivalent to the course of instruction required by this section.
(k) (1) An applicant applying for intern registration who, prior
to December 31, 1987, met the qualifications for registration, but
who failed to apply or qualify for intern registration may be granted
an intern registration if the applicant meets all of the following
criteria:
(A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Science Examiners.
(B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
(C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western
Association of Schools and Colleges that the chief academic officer
of the educational institution has, pursuant to subparagraph (B),
certified will meet the current educational requirements when
considered in conjunction with the original degree.
(2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.
(l) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 6.5. Section 4980.40 is added to the Business and Professions
Code, to read:
4980.40. To qualify for a license an applicant shall have all the
following qualifications:
(a) Applicants applying for licensure on or after January 1, 1988,
shall possess a doctor's or master's degree in marriage, family, and
child counseling, marital and family therapy, psychology, clinical
psychology, counseling psychology, counseling with an emphasis in
marriage, family, and child counseling, or social work with an
emphasis in clinical social work, obtained from a school, college, or
university accredited by the Western Association of Schools and
Colleges, the Northwest Association of Secondary and Higher Schools,
or an essentially equivalent accrediting agency, as determined by the
board, or approved by the Council for Private Postsecondary and
Vocational Education, pursuant to any of Sections 94770 to 94774,
inclusive, of the Education Code. For purposes of this chapter, the
term "approved by the Council for Private Postsecondary and
Vocational Education" shall not include temporary, conditional, or
any other type of interim approval. In order to qualify for
licensure pursuant to this subdivision, any doctor's or master's
degree program shall contain no less than 48 semester or 72 quarter
units of instruction. The instruction shall include no less than 12
semester units or 18 quarter units of coursework in the areas of
marriage, family, and child counseling, and marital and family
systems approaches to treatment.
The coursework shall include all of the following areas:
(1) The salient theories of a variety of psychotherapeutic
orientations directly related to marriage, family, and child
counseling, and marital and family systems approaches to treatment.
(2) Theories of marriage and family therapy and how they can be
utilized in order to intervene therapeutically with couples,
families, adults, children, and groups.
(3) Developmental issues and life events from infancy to old age
and their effect upon individuals, couples, and family relationships.
This may include coursework that focuses on specific family life
events and the psychological, psychotherapeutic, and health
implications that arise within couples and families, including, but
not limited to, childbirth, child rearing, childhood, adolescence,
adulthood, marriage, divorce, blended families, stepparenting, and
geropsychology.
(4) A variety of approaches to the treatment of children.
The board may, by regulation, further define the content
requirements of required courses specified in this subdivision.
(b) (1) In addition to the 12 semester or 18 quarter units of
coursework specified above, the doctor's or master's degree program
shall contain not less than six semester or nine quarter units of
supervised practicum in applied psychotherapeutic techniques,
assessment, diagnosis, prognosis, and treatment of premarital,
couple, family, and child relationships, including dysfunctions,
healthy functioning, health promotion, and illness prevention, in a
supervised clinical placement that provides supervised fieldwork
experience within the scope of practice of a marriage, family, and
child counselor.
(2) On and after January 1, 1995, the practicum shall include a
minimum of 150 hours of face-to-face experience counseling
individuals, couples, families, or groups.
(3) (A) Supervised practicum hours, as specified in this
subdivision, shall be evaluated, accepted, and credited as hours for
trainee experience by the board.
(B) The practicum hours shall be considered as part of the 48
semester or 72 quarter unit requirement.
(c) As an alternative to meeting the qualifications specified in
subdivision (a), the board shall accept as equivalent degrees, those
master's or doctor's degrees granted by educational institutions
whose degree program is approved by the Commission on Accreditation
for Marriage and Family Therapy Education.
(d) All applicants shall, in addition, complete the coursework or
training specified in Section 4980.41.
(e) All applicants shall be at least 18 years of age.
(f) All applicants shall have at least two years' experience that
meets the requirements of this chapter in interpersonal
relationships, marriage, family, and child counseling and
psychotherapy under the supervision of a licensed marriage, family,
and child counselor, licensed clinical social worker, licensed
psychologist, or a licensed physician certified in psychiatry by the
American Board of Psychiatry and Neurology. Experience shall not be
gained under the supervision of an individual who has provided
therapeutic services to that applicant. For those supervisorial
relationships in effect on or before December 31, 1988, and which
remain in continuous effect thereafter, experience may be gained
under the supervision of a licensed physician who has completed a
residency in psychiatry. Any person supervising another person
pursuant to this subdivision shall have been licensed or certified
for at least two years prior to acting as a supervisor, shall have a
current and valid license that is not under suspension or probation,
and shall meet the requirements established by regulations.
(g) The applicant shall pass a written examination and an oral
examination conducted by the board or its designees.
(h) The applicant shall not have committed acts or crimes
constituting grounds for denial of licensure under Section 480. The
board shall not issue a registration or license to any person who has
been convicted of any crime in the United States that involves
sexual abuse of children or who has been ordered to register as a
mentally disordered sex offender or the equivalent in another state
or territory.
(i) Applicants applying for licensure on or before December 31,
1987, shall possess all of the qualifications specified in
subdivisions (e) to (h), inclusive, and shall possess a doctor's or
master's degree in marriage, family, and child counseling, social
work, clinical psychology, counseling, counseling psychology, child
development and family studies, or a degree determined by the board
to be equivalent, obtained from a school, college, or university
accredited by the Western Association of Schools and Colleges, the
Northwest Association of Secondary and Higher Schools, or an
essentially equivalent accrediting agency as determined by the board.
(j) For applicants applying for a license pursuant to subdivision
(i), the board may make a determination that an applicant's master's
or doctor's degree is an equivalent degree if it finds that the
degree was issued upon completion of a course of academic study
primarily designed to train persons as a marriage, family, and child
counselor. The course of study completed by the applicant shall
contain not less than 30 semester or 45 quarter units of coursework
as follows: (1) human biological, psychological, and social
development, (2) human sexuality, (3) psychopathology, (4)
cross-cultural mores and values, (5) theories of marriage, family,
and child counseling, (6) professional ethics and law, (7) human
communication, (8) research methodology, (9) theories and
applications of psychological testing, and (10) not less than six
semester or nine quarter units of supervised practicum in applied
psychotherapeutic techniques, assessment, diagnosis, prognosis, and
treatment of premarital, family, and child relationship dysfunctions.
The applicant shall submit to the board satisfactory written
verification by the chief academic officer of the accredited or
approved school, or by an authorized designee, that the applicant has
successfully completed courses, including the practicum required by
the board. The verification shall include, but need not be limited
to, descriptions of the completed courses. The board may request
further written verification of course content and academic
experience to determine that the applicant's training and experience
is equivalent to the course of instruction required by this section.
(k) (1) An applicant applying for intern registration who, prior
to December 31, 1987, met the qualifications for registration, but
who failed to apply or qualify for intern registration may be granted
an intern registration if the applicant meets all of the following
criteria:
(A) The applicant possesses a doctor's or master's degree in
marriage, family, and child counseling, marital and family therapy,
psychology, clinical psychology, counseling psychology, counseling
with an emphasis in marriage, family, and child counseling, or social
work with an emphasis in clinical social work obtained from a
school, college, or university currently conferring that degree that,
at the time the degree was conferred, was accredited by the Western
Association of Schools and Colleges, and where the degree conferred
was, at the time it was conferred, specifically intended to satisfy
the educational requirements for licensure by the Board of Behavioral
Science Examiners.
(B) The applicant's degree and the course content of the
instruction underlying that degree have been evaluated by the chief
academic officer of a school, college, or university accredited by
the Western Association of Schools and Colleges to determine the
extent to which the applicant's degree program satisfies the current
educational requirements for licensure, and the chief academic
officer certifies to the board the amount and type of instruction
needed to meet the current requirements.
(C) The applicant completes a plan of instruction that has been
approved by the board at a school, college, or university accredited
by the Western Association of Schools and Colleges that the chief
academic officer of the educational institution has, pursuant to
subparagraph (B), certified will meet the current educational
requirements when considered in conjunction with the original degree.
(2) A person applying under this subdivision shall be considered a
trainee, as that term is defined in Section 4980.03, once he or she
is enrolled to complete the additional coursework necessary to meet
the current educational requirements for licensure.
(l) This section shall become operative on January 1, 1997.
SEC. 7. Section 18629 of the Business and Professions Code is
amended to read:
18629. (a) "School, college, or university" means a secondary
school, the University of California, a California State University,
public community college, or any other private, postsecondary
educational institution meeting the requirements of Sections 94303,
94310, subdivisions (a) or (b), or 94311 of the Education Code.
(b) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 7.5. Section 18629 is added to the Business and Professions
Code, to read:
18629. "School, college, or university" means a secondary school,
the University of California, a California State University, public
community college, or any other private, postsecondary educational
institution meeting the requirements of Section 94702, or Article 4
(commencing with Section 94760) or Article 5 (commencing with Section
94780) of Chapter 7 of Part 59 of the Education Code.
This section shall become operative on January 1, 1997.
SEC. 8. Section 1812.501 of the Civil Code is amended to read:
1812.501. (a) The term "employment agency" or "agency" means:
(1) Any person who, for a fee or other valuable consideration to
be paid, directly or indirectly by a jobseeker, performs, offers to
perform or represents it can or will perform any of the following
services:
(A) Procures, offers, promises, or attempts to procure employment
or engagements for others or employees for employers.
(B) Registers persons seeking to procure or retain employment or
engagement.
(C) Gives information as to where and from whom this help,
employment, or engagement may be procured.
(D) Provides employment or engagements.
The term "employment agency" or "agency" shall not mean or include
any employment counseling service or any job listing service.
(2) Any person who offers, as one of its main objects or purposes,
to procure employment for any person who will pay for its services,
or that collects dues, tuition, or membership or registration fees of
any sort, where the main object of the person paying the same is to
secure employment.
(3) Any person who for a fee or other valuable consideration
procures, offers, promises, provides, or attempts to procure
babysitting or domestic employment for others or domestics or
babysitters for others.
(b) (1) The term "employment counseling service" means any person
who offers, advertises or represents it can or will provide any of
the following services for a fee: career counseling, vocational
guidance, aptitude testing, executive consulting, personnel
consulting, career management, evaluation, or planning, or the
development of resumes and other promotional materials relating to
the preparation for employment. The term "employment counseling
service" shall not mean or include persons who provide services
strictly on an hourly basis with no financial obligation required of
the consumer beyond the hourly fee for services rendered. An
"employment counseling service" does not include the functions of an
"employment agency" as defined in subdivision (a).
(2) The term "employment counseling service" does not include:
(A) Businesses which are retained by, act solely on behalf of, and
are compensated solely by, prior or current employers, which do not
require any "customer" to sign a contract, and do not in any way hold
any "customer" liable for fees.
(B) Any provider of vocational rehabilitation in which the
counseling services are paid for by insurance benefits, where the
counseling is provided as a result of marital dissolution or
separation proceedings to prepare one of the spouses for reentry into
the job market and where the fees are paid by some party other than
the person receiving the counseling services.
The exemption provided in this subparagraph does not apply to any
vocational rehabilitation counselor who receives any payments
directly from the individual customer receiving the counseling.
(C) Any person who engages solely in the preparation of resumes
and cover letters, provided that the resume writing service does not
advertise or hold itself out as offering other job seeking or
placement services and does not charge more than three hundred
dollars ($300) for any resume, cover letter, or combination of both
to any single customer in any individual transaction.
(D) Any public educational institution.
(E) Any private educational institution established solely for
educational purposes which, as a part of its curriculum, offers
employment counseling to its student body and which institution
conforms to the requirements of Section 94310 of the Education Code.
(F) A psychologist or psychological corporation licensed pursuant
to Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, providing psychological assessment,
career or occupational counseling, or consultation and related
professional services within their scope of practice.
(G) Educational psychologists licensed pursuant to Chapter 13
(commencing with Section 4986) of Division 2 of the Business and
Professions Code, providing counseling services within their scope of
practice.
(c) The term "job listing service" means any person who provides,
offers, or represents it can or will provide any of the following
services, for a fee or other valuable consideration to be paid,
directly or indirectly, by the jobseeker in advance of, or
contemporaneously with, performance of these services: matches
jobseekers with employment opportunities, providing or offering to
provide jobseekers lists of employers or lists of job openings or
like publications, or preparing resumes or lists of jobseekers for
distribution to potential employers.
(d) A "nurses' registry" as defined in subdivision (b) of Section
1812.524 is an employment agency. However, unless otherwise provided
for in this title, a nurses' registry shall not be required to
comply with Chapter 2 (commencing with Section 1812.503) regulating
employment agencies but shall instead be required to comply with
Chapter 7 (commencing with Section 1812.524).
(e) "Jobseeker" means a person seeking employment.
(f) "Employer" means any individual, company, partnership,
association, corporation, agent, employee, or representative for whom
or for which an employment agency or job listing service attempts to
obtain an employee or to place a jobseeker.
(g) "Job order" means any written or oral instruction, direction,
or permission granted by an employer or its agent to an employment
agency or job listing service to refer jobseekers for a specified
job.
(h) "Domestic agency" means any agency which provides or attempts
to provide employment by placement of domestic help in private homes.
(i) "Deposit" means any money or valuable consideration received
by an employment agency or job listing service from a jobseeker for
referring the jobseeker to a position of employment prior to the
jobseeker's acceptance of a position.
(j) "Fee" means:
(1) Any money or other valuable consideration paid, or promised to
be paid, for services rendered or to be rendered by any person
conducting an employment agency, employment counseling service, or
job listing service under this title.
(2) Any money received by any person in excess of that which has
been paid out by him or her for transportation, transfer of baggage,
or board and lodging for any applicant for employment.
(k) "Registration fee" means any charge made, or attempted to be
made, by an employment agency for registering or listing an applicant
for employment, for letter writing, or any charge of a like nature
made, or attempted to be made without having a bona fide order for
the placement of the applicant in a position.
(l) "Person" means any individual, corporation, partnership,
limited liability company, trust, association, or other organization.
(m) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 8.5. Section 1812.501 is added to the Civil Code, to read:
1812.501. (a) The term "employment agency" or "agency" means:
(1) Any person who, for a fee or other valuable consideration to
be paid, directly or indirectly by a jobseeker, performs, offers to
perform or represents it can or will perform any of the following
services:
(A) Procures, offers, promises, or attempts to procure employment
or engagements for others or employees for employers.
(B) Registers persons seeking to procure or retain employment or
engagement.
(C) Gives information as to where and from whom this help,
employment, or engagement may be procured.
(D) Provides employment or engagements.
The term "employment agency" or "agency" shall not mean or include
any employment counseling service or any job listing service.
(2) Any person who offers, as one of its main objects or purposes,
to procure employment for any person who will pay for its services,
or that collects dues, tuition, or membership or registration fees of
any sort, where the main object of the person paying the same is to
secure employment.
(3) Any person who, for a fee or other valuable consideration,
procures, offers, promises, provides, or attempts to procure
babysitting or domestic employment for others or domestics or
babysitters for others.
(b) (1) The term "employment counseling service" means any person
who offers, advertises or represents it can or will provide any of
the following services for a fee: career counseling, vocational
guidance, aptitude testing, executive consulting, personnel
consulting, career management, evaluation, or planning, or the
development of resumes and other promotional materials relating to
the preparation for employment. The term "employment counseling
service" shall not mean or include persons who provide services
strictly on an hourly basis with no financial obligation required of
the consumer beyond the hourly fee for services rendered. An
"employment counseling service" does not include the functions of an
"employment agency" as defined in subdivision (a).
(2) The term "employment counseling service" does not include:
(A) Businesses which are retained by, act solely on behalf of, and
are compensated solely by prior or current employers which do not
require any "customer" to sign a contract and do not in any way hold
any "customer" liable for fees.
(B) Any provider of vocational rehabilitation in which the
counseling services are paid for by insurance benefits, where the
counseling is provided as a result of marital dissolution or
separation proceedings to prepare one of the spouses for reentry into
the job market and where the fees are paid by some party other than
the person receiving the counseling services.
The exemption provided in this subparagraph does not apply to any
vocational rehabilitation counselor who receives any payments
directly from the individual customer receiving the counseling.
(C) Any person who engages solely in the preparation of resumes
and cover letters, provided that the resume writing service does not
advertise or hold itself out as offering other job seeking or
placement services and does not charge more than three hundred
dollars ($300) for any resume, cover letter, or combination of both
to any single customer in any individual transaction.
(D) Any public educational institution.
(E) Any private educational institution established solely for
educational purposes which, as a part of its curriculum, offers
employment counseling to its student body and which institution
conforms to the requirements of Article 4 (commencing with Section
94760) of Chapter 7 of Part 59 of the Education Code.
(F) A psychologist or psychological corporation licensed pursuant
to Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, providing psychological assessment,
career or occupational counseling, or consultation and related
professional services within their scope of practice.
(G) Educational psychologists licensed pursuant to Article 5
(commencing with Section 4986) of Chapter 13 of Division 2 of the
Business and Professions Code, providing counseling services within
their scope of practice.
(c) The term "job listing service" means any person who provides,
offers, or represents it can or will provide any of the following
services, for a fee or other valuable consideration to be paid,
directly or indirectly, by the jobseeker in advance of, or
contemporaneously with, performance of these services: matches
jobseekers with employment opportunities, providing or offering to
provide jobseekers lists of employers or lists of job openings or
like publications, or preparing resumes or lists of jobseekers for
distribution to potential employers.
(d) A "nurses' registry" as defined in subdivision (b) of Section
1812.524 is an employment agency. However, unless otherwise provided
for in this title, a nurses' registry shall not be required to
comply with Chapter 2 (commencing with Section 1812.503) regulating
employment agencies but, instead, shall be required to comply with
Chapter 7 (commencing with Section 1812.524).
(e) "Jobseeker" means a person seeking employment.
(f) "Employer" means any individual, company, partnership,
association, corporation, agent, employee, or representative for whom
or for which an employment agency or job listing service attempts to
obtain an employee or to place a jobseeker.
(g) "Job order" means any written or oral instruction, direction,
or permission granted by an employer or its agent to an employment
agency or job listing service to refer jobseekers for a specified
job.
(h) "Domestic agency" means any agency that provides, or attempts
to provide, employment by placement of domestic help in private
homes.
(i) "Deposit" means any money or valuable consideration received
by an employment agency or job listing service from a jobseeker for
referring the jobseeker to a position of employment prior to the
jobseeker's acceptance of a position.
(j) "Fee" means:
(1) Any money or other valuable consideration paid, or promised to
be paid, for services rendered or to be rendered by any person
conducting an employment agency, employment counseling service, or
job listing service under this title.
(2) Any money received by any person in excess of that which has
been paid out by him or her for transportation, transfer of baggage,
or board and lodging for any applicant for employment.
(k) "Registration fee" means any charge made, or attempted to be
made, by an employment agency for registering or listing an applicant
for employment, for letter writing, or any charge of a like nature
made, or attempted to be made without having a bona fide order for
the placement of the applicant in a position.
(l) "Person" means any individual, corporation, partnership,
limited liability company, trust, association, or other organization.
(m) This section shall become operative on January 1, 1997.
SEC. 9. Section 10251 of the Corporations Code is amended to read:
10251. (a) "Educational institution," as used in this section,
means any nonprofit corporation organized under the provisions of
Chapter 3 (commencing with Section 94300) or Chapter 4 (commencing
with Section 94400) of Part 59 of Division 10 of Title 3 of the
Education Code or organized under the provisions of Part 1
(commencing with Section 9000) of this division
in effect on December 31, 1979, and
designated on or after January 1, 1980, as a nonprofit public benefit
corporation, or organized for charitable or eleemosynary purposes
under the provisions of Part 2 (commencing with Section 5110) of this
division, or Part 3 (commencing with Section 10200) of this division
in effect on December 31, 1979, and designated on or after January
1, 1980, as a nonprofit public benefit corporation for the purpose of
establishing, conducting or maintaining an institution offering
courses beyond high school and issuing or conferring a diploma or for
the purpose of offering or conducting private school instruction on
the high school or elementary school level and any charitable trust
organized for such purpose or purposes. "Educational institution,"
as used in this section, also means the University of California, the
state colleges, the state community colleges and any auxiliary
organization, as defined in Section 89901 of the Education Code,
established for the purpose of receiving gifts, property and funds to
be used for the benefit of a state college.
(b) It shall be lawful for any educational institution to become a
member of a nonprofit corporation incorporated under the laws of any
state for the purpose of maintaining a common trust fund or similar
common fund in which nonprofit organizations may commingle their
funds and property for investment and to invest any and all of its
funds, whenever and however acquired, in such common fund or funds;
provided, that, in the case of funds or property held as fiduciary,
the investment is not prohibited by the wording of the will, deed or
other instrument creating such fiduciary relationship.
(c) An educational institution electing to invest in a common fund
or funds under the provisions of this section may elect to receive
distributions from each fund in an amount not to exceed for each
fiscal year the greater of the income, as defined in Section 16303
of the Probate Code, accrued on its interest in the fund or 10
percent of the value of its interest in the fund as of the last day
of its next preceding fiscal year. The educational institution may
expend the distribution or distributions for any lawful purpose
notwithstanding the provisions of any general or special law
characterizing the distribution, or any part thereof, as principal or
income; provided, that, in the case of funds or property invested as
fiduciary, the expenditure is not prohibited by the wording of the
will, deed or other instrument creating the fiduciary relationship.
No such prohibition of expenditure shall be deemed to exist solely
because a will, deed or other instrument, whether executed or in
effect before or after the effective date of this section, directs or
authorizes the use of only the "income," or "interest," or
"dividends" or "rents, issues or profits," or contains words of
similar import.
(d) The provisions of the Corporate Securities Law of 1968 shall
not apply to the creation, administration or termination of common
trust funds authorized under this section, or to participation
therein.
(e) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 9.5. Section 10251 is added to the Corporations Code, to
read:
10251. (a) "Educational institution," as used in this section,
means any nonprofit corporation organized under Chapter 4 (commencing
with Section 94400) or Chapter 7 (commencing with Section 94700) of
Part 59 of the Education Code or organized under Part 1 (commencing
with Section 9000) of this division in effect on December 31, 1979,
and designated on or after January 1, 1980, as a nonprofit public
benefit corporation, or organized for charitable or eleemosynary
purposes under Part 2 (commencing with Section 5110) of this
division, or Part 3 (commencing with Section 10200) of this division
in effect on December 31, 1979, and designated on or after January 1,
1980, as a nonprofit public benefit corporation for the purpose of
establishing, conducting or maintaining an institution offering
courses beyond high school and issuing or conferring a diploma or for
the purpose of offering or conducting private school instruction on
the high school or elementary school level and any charitable trust
organized for such purpose or purposes. "Educational institution,"
as used in this section, also means the University of California, the
California State University, the California Community Colleges, and
any auxiliary organization, as defined in Section 89901 of the
Education Code, established for the purpose of receiving gifts,
property and funds to be used for the benefit of a state college.
(b) It shall be lawful for any educational institution to become a
member of a nonprofit corporation incorporated under the laws of any
state for the purpose of maintaining a common trust fund or similar
common fund in which nonprofit organizations may commingle their
funds and property for investment and to invest any and all of its
funds, whenever and however acquired, in the common fund or funds;
provided that, in the case of funds or property held as fiduciary,
the investment is not prohibited by the wording of the will, deed, or
other instrument creating the fiduciary relationship.
(c) An educational institution electing to invest in a common fund
or funds under this section may elect to receive distributions from
each fund in an amount not to exceed for each fiscal year the greater
of the income, as defined in Section 16303 of the Probate Code,
accrued on its interest in the fund or 10 percent of the value of its
interest in the fund as of the last day of its next preceding fiscal
year. The educational institution may expend the distribution or
distributions for any lawful purpose notwithstanding any general or
special law characterizing the distribution, or any part thereof, as
principal or income; provided that, in the case of funds or property
invested as fiduciary, the expenditure is not prohibited by the
wording of the will, deed, or other instrument creating the fiduciary
relationship. No such prohibition of expenditure shall be deemed to
exist solely because a will, deed, or other instrument, whether
executed or in effect before or after the effective date of this
section, directs or authorizes the use of only the "income," or
"interest," or "dividends" or "rents, issues or profits," or contains
words of similar import.
(d) The Corporate Securities Law of 1968 shall not apply to the
creation, administration, or termination of common trust funds
authorized under this section, or to participation therein.
(e) This section shall become operative on January 1, 1997.
SEC. 10. Section 1510 of the Education Code is amended to read:
1510. Except as provided in Section 1500, all expenses necessary
for the county board of education, the county committee on school
district organization, and the county superintendent of schools to
comply with the following provisions are payable from the county
general fund: 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1200, 1201,
1202, 1203, 1240, 1243, 1244, 1245, 1290, 1298, 2600, 5425, 5426,
10020, 16061, 16166, 22800.5, 23000, 23002, 23003, 23004, 23005,
23006, 23008, 35102, 40000, 42124, 42636, 42638, 42643, 42662, 42670,
42671, 42672, 42673, 42674, 42675, 42676, 42677, 42678, 42690,
42691, 42692, 42693, 42694, 42800, 44323, 44422, 44427, 44428,
44429, 44430, 44433, 44434, 44435, 44436, 44437, 44816, 44843, 44857,
45034, 45056, 45057, 48263, 49406, 52550, 52551, 85236, 85238,
85243, 85272, 85280, 85281, 85282, 85283, 85284, 85285, 85286, 85287,
85288, 85300, 85301, 85302, 85303, and 85304.
This section shall not be construed to prohibit support from the
county general fund from being provided for duties and services
performed pursuant to sections enumerated above for those counties
operating under the provisions of Section 1080.
SEC. 11. Section 8081 of the Education Code is repealed.
SEC. 12. Section 8084 of the Education Code is repealed.
SEC. 13. Section 8092 of the Education Code is amended to read:
8092. (a) Any school district or districts, any county
superintendent or superintendents, or the governing body of any
agency maintaining a regional occupational center or program may
contract with a private postsecondary school that is authorized or
approved pursuant to Chapter 3 (commencing with Section 94300) of
Part 59 and has been in operation not less than two full calendar
years prior to the effective date of the contract, to provide
vocational skill training authorized by this code. Any school
district, community college district, or county superintendent of
schools may contract with an activity center, work activity center,
or sheltered workshop to provide vocational skill training authorized
by this code in any adult education program for substantially
handicapped persons operated pursuant to subdivision (e) of Section
41976.
(b) All contracts between a public entity and a private
postsecondary school entered into pursuant to this section, or an
activity center, work activity center, or sheltered workshop shall do
all of the following:
(1) Provide that the amount contracted for per student shall not
exceed the total direct and indirect costs to provide the same
training in the public schools or the tuition the private
postsecondary school charges its private students, whichever is
lower.
(2) Provide that the public school receiving training in a private
postsecondary school, or an activity center, work activity center,
or sheltered workshop pursuant to that contract may not be charged
additional tuition for any training included in the contract. The
attendance of those students pursuant to a contract authorized by
this section shall be credited to the public entity for the purposes
of apportionments from the State School Fund.
(3) Provide that all programs, courses, and classes of instruction
shall meet the standards set forth in the California State Plan for
Vocational Education, or is a course of study for adult schools
approved by the State Department of Education under Section 51056.
(c) The students who attend a private postsecondary school or an
activity center, work activity center, or sheltered workshop pursuant
to a contract under this section shall be enrollees of the public
entity and the vocational instruction provided pursuant to that
contract shall be under the exclusive control and management of the
governing body of the contracting public entity.
(d) The State Department of Finance and the State Department of
Education may audit the accounts of both the public entity and the
private party involved in these contracts to the extent necessary to
assure the integrity of the public funds involved.
(e) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 13.5. Section 8092 is added to the Education Code, to read:
8092. (a) Any school district or districts, any county
superintendent or superintendents, or the governing body of any
agency maintaining a regional occupational center or program may
contract with a private postsecondary school that is authorized or
approved pursuant to Chapter 7 (commencing with Section 94700) of
Part 59 and has been in operation not less than two full calendar
years prior to the effective date of the contract, to provide
vocational skill training authorized by this code. Any school
district, community college district, or county superintendent of
schools may contract with an activity center, work activity center,
or sheltered workshop to provide vocational skill training authorized
by this code in any adult education program for substantially
handicapped persons operated pursuant to subdivision (a) of Section
41976.
(b) All contracts between a public entity and a private
postsecondary school entered into pursuant to this section, or an
activity center, work activity center, or sheltered workshop shall do
all of the following:
(1) Provide that the amount contracted for per student shall not
exceed the total direct and indirect costs to provide the same
training in the public schools or the tuition the private
postsecondary school charges its private students, whichever is
lower.
(2) Provide that the public school receiving training in a private
postsecondary school, or an activity center, work activity center,
or sheltered workshop pursuant to that contract may not be charged
additional tuition for any training included in the contract. The
attendance of those students pursuant to a contract authorized by
this section shall be credited to the public entity for the purposes
of apportionments from the State School Fund.
(3) Provide that each program, course, and class of instruction
shall meet the standards set forth in the California State Plan for
Vocational Education or is a course of study for adult schools
approved by the State Department of Education under Section 51056.
(c) The students who attend a private postsecondary school or an
activity center, work activity center, or sheltered workshop pursuant
to a contract under this section shall be enrollees of the public
entity and the vocational instruction provided pursuant to that
contract shall be under the exclusive control and management of the
governing body of the contracting public entity.
(d) The State Department of Finance and the State Department of
Education may audit the accounts of both the public entity and the
private party involved in these contracts to the extent necessary to
assure the integrity of the public funds involved.
(e) This section shall become operative on January 1, 1997.
SEC. 14. Section 8092.5 of the Education Code is amended to read:
8092.5. (a) A community college district may contract with a
public or private postsecondary education institution in a
neighboring state which borders on the district boundary to provide
vocational skill training for district students authorized by this
code. All such contracts shall meet the requirements of Section 8092
and shall meet the general intent of the provisions of Chapter 3
(commencing with Section 94300) of Part 59 of Division 10 of Title 3.
(b) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 14.5. Section 8092.5 is added to the Education Code, to read:
8092.5. (a) A community college district may contract with a
public or private postsecondary educational institution in a
neighboring state that borders on the district boundary to provide
vocational skill training for district students authorized by this
code. The contracts shall meet the requirements of Section 8092 and
shall meet the general intent of Chapter 7 (commencing with Section
94700) of Part 59.
(b) This section shall become operative on January 1, 1997.
SEC. 15. Section 8152 of the Education Code is amended to read:
8152. (a) The reimbursement rate shall be established in the
annual Budget Act and the rate shall be commonly applied to all
providers of instruction specified in subdivision (d).
(b) For the purposes of this section, each hour of teaching time
may include up to 10 minutes of passing time and breaks.
(c) This section also applies to isolated apprentices, as defined
in Section 3074 of the Labor Code, for which alternative methods of
instruction are provided.
(d) The Superintendent of Public Instruction or the Chancellor of
the California Community Colleges, whichever is appropriate, shall
make the reimbursements specified in this section for teaching time
provided by high schools, unified school districts, regional
occupational centers or programs, community colleges, or adult
schools.
SEC. 16. Article 4 (commencing with Section 8225) of Chapter 2 of
Part 6 of the Education Code is repealed.
SEC. 17. The heading of Article 1 (commencing with Section 10000)
of Chapter 1 of Part 7 of the Education Code is amended to read:
Article 1. Schools--California State University
SEC. 18. Chapter 14 (commencing with Section 11300) of Part 7 of
the Education Code is repealed.
SEC. 19. Section 12050 of the Education Code is amended to read:
12050. The people of the state accept the provisions of, and each
of the funds provided by, the Carl D. Perkins Vocational Education
Act (P.L. 98-524), the Carl D. Perkins Vocational and Applied
Technology Education Act Amendments of 1990 (P.L. 101-392; 20 U.S.C.
Sec. 2301 and following), and any acts amending or succeeding those
acts.
SEC. 20. Section 12051 of the Education Code is repealed.
SEC. 21. Section 12052 of the Education Code is amended to read:
12052. In accepting the benefits of the acts of Congress referred
to in Section 12050, the people of the state agree to comply with
all of the provisions and to observe all of the requirements of those
acts.
SEC. 22. Section 12053 of the Education Code is amended to read:
12053. (a) The State Board of Education is designated the state
board of vocational education, which is the sole state agency
responsible for the administration or the supervision of the state
vocational education program, as required by the Carl D. Perkins
Vocational Education Act (P.L. 98-524), the Carl D. Perkins
Vocational and Applied Technology Education Act Amendments of 1990
(P.L. 101-392; 20 U.S.C. Sec. 2301 and following), and any acts
amending or succeeding those acts. The State Board of Education is
granted all necessary power and authority to carry out those
provisions of federal law.
(b) In recognition of the need for coordinated delivery of
vocational education and training in California, the State Board of
Education and the Board of Governors of the California Community
Colleges shall enter into a memorandum of understanding, which shall
do all of the following:
(1) Provide for an advisory committee composed of an equal number
of members of each board.
(2) Assure shared planning and coordination.
(3) Delegate to the Board of Governors of the California Community
Colleges, in keeping with the requirements of federal law, the
maximum responsibility in administration, operation, and supervision
of policies and procedures related to community college vocational
programs provided for in federal law.
(c) In carrying out the provisions of federal law, the State Board
of Education, prior to taking final action on any proposed policies,
procedures, or allocations of funds, shall consider recommendations,
if any, of the Board of Governors of the California Community
Colleges and make a record of review and comment on the proposed
policies, procedures, or allocations of funds.
SEC. 23. Section 12061 of the Education Code is repealed.
SEC. 24. Section 12400 of the Education Code is amended to read:
12400. The governing board of a school district on behalf of any
school maintained by the district and any county superintendent of
schools are vested with all necessary power and authority to perform
all acts necessary to receive the benefits and to expend the funds
provided by any act of Congress heretofore or hereafter enacted, and
with all necessary power and authority to cooperate with, or enter
into agreements with, the government of the United States, or any
agency or agencies thereof, and with the State Board of Education and
with other school districts and private or public nonprofit
organizations for the purpose of receiving the benefits and expending
the funds provided by the acts of Congress, in accordance with the
acts, or any rules or regulations adopted thereunder, or any state
plan or rules or regulations of the State Board of Education adopted
in accordance with the acts of Congress. Participation may also
include the expenditure by the governing board of any school district
or the county superintendent of schools of whatever funds may be
required by the federal government as a condition to participation.
Participation in the act of Congress known as the "Emergency
Employment Act of 1971" (P.L. 92-54) may be undertaken
notwithstanding Section 44858.
SEC. 25. Section 44227 of the Education Code is amended to read:
44227. (a) The commission may approve any institution of higher
education whose teacher education program meets the standards
prescribed by the commission, to recommend to the commission the
issuance of credentials to persons who have successfully completed
such programs.
(b) Notwithstanding any provision of law to the contrary, the
commission may approve for credit any coursework completed for
credential purposes or for step increases in programs offered in
California by out-of-state institutions of higher education which
meet the requirements prescribed by subdivision (a) of Section 94310
only if the program of courses is offered by a regionally accredited
institution and evidence of satisfactory evaluation by both that
accrediting body and the Western Association of Schools and Colleges
is submitted by the out-of-state institution to the commission for
purposes of seeking approval of the program and any courses within
that program for the purposes of obtaining a credential in
California.
(c) Out-of-state applicants shall meet the following requirements
for the preliminary multiple or single subject teaching credential:
(1) A baccalaureate or higher degree from an accredited
institution of postsecondary education.
(2) The completion of a teacher training program approved by the
applicable state agency.
(3) The verification of subject matter competence either through
an examination, or by the completion of an approved program or the
equivalent of an approved program.
(4) The completion of a course or examination on the various
methods of teaching reading.
(5) Passage of the state basic skills proficiency test.
(6) The completion of a course or an examination on the
Constitution of the United States.
(d) Out-of-state applicants shall meet the following requirements
for the clear multiple or single subject teaching credential:
(1) A fifth year of study.
(2) The study of education, including the study of physiological
and sociological effects of the abuse of alcohol, narcotics, drugs,
and tobacco.
(3) The completion of the study and practice of methods of
teaching individuals with exceptional needs.
(e) The commission shall assess the records of out-of-state
teachers who have been granted a five-year preliminary credential for
purposes of determining any additional coursework which may be
required as a condition for the issuance of a clear credential. The
assessment shall determine the equivalency of out-of-state coursework
in comparison to California coursework requirements, and, where
applicable, shall specify additional coursework to be taken. In
determining the equivalency of out-of-state coursework to California
requirements, the commission shall do all of the following:
(1) Accept a master's degree or higher degree from an accredited
postsecondary educational institution demonstrating completion of an
educationally related and organized program involving at least 30
semester units of postbaccalaureate coursework from an accredited
postsecondary educational institution for purposes of meeting the
fifth year of study requirement.
(2) Upon direct application, grant a clear credential if the
out-of-state teacher has met the requirements of paragraphs (1) to
(3), inclusive, of subdivision (d).
(3) Notify the out-of-state teacher who has completed the fifth
year equivalency requirement, but who has not met the requirements of
paragraph (2) or (3) of subdivision (d), that upon the submission of
verification that he or she has completed these requirements, he or
she may submit an application to the commission for a clear
credential.
(4) Notify out-of-state applicants who have not completed the
fifth year of study requirement that they must obtain an evaluation
of a postsecondary educational institution with an approved fifth
year program. In the event that there is a significant difference of
opinion as to the content or units credited to out-of-state
coursework, either the applicant or the postsecondary educational
institution may solicit the opinion of the commission. Upon the
completion of the coursework specified in the postsecondary
educational institution's evaluation, the institution may recommend
the applicant for a clear credential.
(f) In the event that an applicant is unable to secure the
recommendation of a postsecondary educational institution for the
issuance of a clear credential, the applicant may submit a direct
application to the commission documenting that he or she has
completed all of the requirements for a clear credential. If the
commission determines that all of the requirements have been met, the
commission shall grant the clear credential.
(g) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 25.5. Section 44227 is added to the Education Code, to read:
44227. (a) The commission may approve any institution of higher
education whose teacher education program meets the standards
prescribed by the commission, to recommend to the commission the
issuance of credentials to persons who have successfully completed
those programs.
(b) Notwithstanding any provision of law to the contrary, the
commission may approve for credit any coursework completed for
credential purposes or for step increases in programs offered in
California by out-of-state institutions of higher education that meet
the requirements prescribed by Section 94761 only if the program of
courses is offered by a regionally accredited institution and
evidence of satisfactory evaluation by both that accrediting body and
the Western Association of Schools and Colleges is submitted by the
out-of-state institution to the commission for purposes of seeking
approval of the program and any courses within that program for the
purposes of obtaining a credential in California.
(c) Out-of-state applicants shall meet the following requirements
for the preliminary multiple or single subject teaching credential:
(1) A
baccalaureate or higher degree from an accredited institution of
postsecondary education.
(2) The completion of a teacher training program approved by the
applicable state agency.
(3) The verification of subject matter competence either through
an examination, or by the completion of an approved program or the
equivalent of an approved program.
(4) The completion of a course or examination on the various
methods of teaching reading.
(5) Passage of the state basic skills proficiency test.
(6) The completion of a course or an examination on the United
States Constitution.
(d) Out-of-state applicants shall meet the following requirements
for the clear multiple or single subject teaching credential:
(1) A fifth year of study.
(2) The study of education, including the study of physiological
and sociological effects of the abuse of alcohol, narcotics, drugs,
and tobacco.
(3) The completion of the study and practice of methods of
teaching individuals with exceptional needs.
(e) The commission shall assess the records of out-of-state
teachers who have been granted a five-year preliminary credential for
purposes of determining any additional coursework that may be
required as a condition for the issuance of a clear credential. The
assessment shall determine the equivalency of out-of-state coursework
in comparison to California coursework requirements, and, where
applicable, shall specify additional coursework to be taken. In
determining the equivalency of out-of-state coursework to California
requirements, the commission shall do all of the following:
(1) Accept a master's degree or higher degree from an accredited
postsecondary educational institution demonstrating completion of an
educationally related and organized program involving at least 30
semester units of postbaccalaureate coursework from an accredited
postsecondary educational institution for purposes of meeting the
fifth year of study requirement.
(2) Upon direct application, grant a clear credential if the
out-of-state teacher has met the requirements of paragraphs (1) to
(3), inclusive, of subdivision (d).
(3) Notify the out-of-state teacher who has completed the fifth
year equivalency requirement, but who has not met the requirements of
paragraph (2) or (3) of subdivision (d), that upon the submission of
verification that he or she has completed these requirements, he or
she may submit an application to the commission for a clear
credential.
(4) Notify out-of-state applicants who have not completed the
fifth year of study requirement that they must obtain an evaluation
of a postsecondary educational institution with an approved fifth
year program. If there is a significant difference of opinion as to
the content or units credited to out-of-state coursework, either the
applicant or the postsecondary educational institution may solicit
the opinion of the commission. Upon the completion of the coursework
specified in the postsecondary educational institution's evaluation,
the institution may recommend the applicant for a clear credential.
(f) If an applicant is unable to secure the recommendation of a
postsecondary educational institution for the issuance of a clear
credential, the applicant may submit a direct application to the
commission documenting that he or she has completed all of the
requirements for a clear credential. If the commission determines
that all of the requirements have been met, the commission shall
grant the clear credential.
(g) This section shall become operative on January 1, 1997.
SEC. 26. Article 12 (commencing with Section 44390) is added to
Chapter 2 of Part 25 of the Education Code, to read:
Article 12. California School Paraprofessional Teacher
Training Program
44390. The Legislature hereby finds and declares that over the
next five years, as many as 50 percent of the classroom teachers in
many urban school districts with large percentages of minority pupils
will be eligible for retirement. The Legislature further finds and
declares that in many school districts there are a number of
classified employees, particularly minority group members, who are
enrolled in, who have been enrolled in, or who would be interested in
enrolling in, a teacher training program leading to a teaching
credential if they were provided assistance in applying for admission
and financial aid for that purpose.
The Legislature also finds and declares that educational
paraprofessionals who serve pupils in the public schools provide
valuable instructional services to public school pupils. A program
to enhance instructional competencies and to prepare school
paraprofessionals to become teachers would result in improved
services in terms of their role in the instructional program in the
classroom.
44391. (a) The California School Paraprofessional Teacher
Training Program is hereby established for the purpose of recruiting
paraprofessionals to participate in a pilot program designed to
encourage them to enroll in a teacher training program and to provide
instructional service as a teacher in the public schools.
(b) On or before June 30, 1995, the Commission on Teacher
Credentialing, in consultation with the Chancellor of the California
Community Colleges, the Chancellor of the California State
University, and representatives of certificated and classified
employee organizations, shall select 12 or more school districts or
county offices of education, each of which applies for that selection
and has 300 or more classified employees, to participate in a pilot
program for the recruitment of school paraprofessional employees who
wish to enroll in teacher training programs. The commission shall
ensure that a total of 600 school paraprofessionals are recruited
from among the 12 participating school districts or county offices of
education. The commission shall also require that at least 40
percent of the school paraprofessionals employed by each school
district or county office of education selected to participate in the
pilot program are members of racial and ethnic minority groups, as
determined by data compiled under the California Basic Educational
Data System maintained by the State Department of Education. The
criteria adopted by the commission for the selection of school
districts or county offices of education to participate in the pilot
program shall include the following:
(1) The extent to which the applicant district or county office
demonstrates the capacity and willingness to accommodate the
participation of school paraprofessionals of the district in teacher
training programs conducted at institutions of higher education.
(2) The extent to which the applicant district's or county office'
s plan for the implementation of its recruitment program involves the
active participation of one or more local campuses of the California
Community Colleges or the California State University in the
development of coursework and teaching programs for participating
school paraprofessionals. Each selected school district or county
office of education shall be required to enter into a written
articulation agreement with the participating campuses of the
California Community Colleges and the California State University.
(3) The extent to which the district's or county office's plan for
recruitment attempts to meet the demand for bilingual crosscultural
teachers.
(4) The extent to which the applicant district's or county office'
s plan for recruitment attempts to meet the demand for special
education teachers.
(5) The extent to which the applicant district's or county office'
s plan for recruitment includes a developmentally sequenced series of
job descriptions that lead from an entry level school
paraprofessional position to an entry level teaching position in that
district.
(c) Each selected school district or county office of education
shall provide information and assistance to each school
paraprofessional it recruits under the pilot program regarding
admission to a teacher training program.
(d) The school district or county office of education shall
recruit and organize groups, or "cohorts," of school
paraprofessionals, of not less than 30 paraprofessionals in each
cohort. Cohorts shall be organized to consist of school
paraprofessionals having approximately equal academic experience and
qualifications, as determined by the district or county office of
education. The members of each cohort shall enroll in the same
campus, and shall be provided by the school district or county office
of education with appropriate support and information throughout the
course of their studies. Each school district or county office of
education shall certify that it has received a commitment from each
member of a cohort that he or she will complete one school year of
classroom instruction in the district or county office of education
for each year that he or she receives assistance for books, fees, and
tuition while attending a community college or a campus of the
California State University under the program. To the extent
possible, members of each cohort shall proceed through the same
waiver and credential programs. If any participant does not fulfill
his or her obligation to complete one year of classroom instruction
for each year of financial assistance he or she received under the
program, the participant shall be required to repay the assistance to
the extent he or she failed to meet that obligation. "Teacher
training program," for the purposes of this article, means any
undergraduate program of instruction conducted at a campus of the
California Community Colleges, or undergraduate or graduate program
conducted at a campus of the California State University, that is
designed to qualify students enrolled in the program for a teaching
credential authorizing instruction in kindergarten and grades 1 to
12, inclusive.
(e) The commission shall contract with an independent evaluator
with a proven record of experience in assessing career-advancement
teacher training programs to determine the success of the recruitment
programs established pursuant to subdivision (b). The evaluation
shall be made on an annual basis and shall include, but shall not be
limited to, all of the following:
(1) The number and racial and ethnic classifications of school
paraprofessionals successfully recruited under this article for
participation in a teacher training program.
(2) The number and racial and ethnic classifications of school
paraprofessionals participating in the pilot program who successfully
complete the teacher training program each year.
(3) The total cost per person participating in the pilot program
who successfully obtains a teaching credential, based upon all state,
local, federal, and other sources of funding.
(4) The economic status of persons participating in the pilot
program.
(5) A description of financial and other resources made available
to each recruitment program by participating school districts or
county offices of education, the California Community Colleges, the
California State University, and other participating organizations.
(f) Each selected school district or county office of education
shall report to the commission regarding the progress of each cohort
of school paraprofessionals, and other information regarding its
recruitment program as the commission may direct.
(g) No later than January 1, 1995, and again by January 1, 1996,
and by January 1, 1997, the commission shall report to the
Legislature regarding the status of the pilot program, including, but
not limited to, the number of school paraprofessionals recruited,
the academic progress of the school paraprofessionals recruited, the
number of school paraprofessionals recruited who are subsequently
employed as teachers in the public schools, the degree to which the
program meets the demand for bilingual and special education teachers
and the degree to which the program or similar programs can meet
this need if properly funded and executed, and other effects upon the
operation of the public schools.
(h) "Teaching paraprofessional," for the purposes of this article,
includes the following job classifications: educational aide,
special education aide, teacher associate, teacher assistant, teacher
aide, pupil service aide, and library aide.
(i) "Local education agency" for the purposes of this article,
includes county offices of education that can participate in the
pilot programs.
(j) It is the intent of the Legislature that funding for the
California School Paraprofessional Teacher Training Program be
allocated to the Commission on Teacher Credentialing for grants to
school districts pursuant to this section.
SEC. 27. Section 49073 of the Education Code is amended to read:
49073. School districts shall adopt a policy identifying those
categories of directory information as defined in subdivision (c) of
Section 49061 which may be released. The district shall determine
which individuals, officials, or organizations may receive directory
information, provided, however, that no information may be released
to a private profitmaking entity other than employers, prospective
employers and representatives of the news media, including, but not
limited to, newspapers, magazines, and radio and television stations.
The names and addresses of pupils enrolled in grade 12 or who have
terminated enrollment prior to graduation may be provided to a
private school or college operating under the provisions of Chapter 3
(commencing with Section 94300) of Part 59 of Division 10 or its
authorized representative; provided, however, that no such private
school or college shall use such information for other than purposes
directly related to the academic or professional goals of the
institution, and provided further that any violation of this
provision is a misdemeanor, punishable by a fine of not to exceed two
thousand five hundred dollars ($2,500), and, in addition, the
privilege of the school or college to receive such information shall
be suspended for a period of two years from the time of discovery of
the misuse of such information. Any district may, in its discretion,
limit or deny the release of specific categories of directory
information to any public or private nonprofit organization based
upon a determination of the best interests of pupils.
Directory information may be released according to local policy as
to any pupil or former pupil, provided that notice is given at least
on an annual basis of the categories of information which the school
plans to release and of the recipients. No directory information
shall be released regarding any pupil when a parent has notified the
school district that such information shall not be released.
This section shall remain in effect only until January 1, 1997,
and as of that date is repealed, unless a later enacted statute,
which is enacted before January 1, 1997, deletes or extends that
date.
SEC. 27.5. Section 49073 is added to the Education Code, to read:
49073. School districts shall adopt a policy identifying those
categories of directory information as defined in subdivision (c) of
Section 49061 that may be released. The district shall determine
which individuals, officials, or organizations may receive directory
information. However, no information may be released to a private
profitmaking entity other than employers, prospective employers, and
representatives of the news media, including, but not limited to,
newspapers, magazines, and radio and television stations. The names
and addresses of pupils enrolled in grade 12 or who have terminated
enrollment prior to graduation may be provided to a private school or
college operating under Chapter 7 (commencing with Section 94700) of
Part 59 or its authorized representative. However, no such private
school or college shall use that information for other than purposes
directly related to the academic or professional goals of the
institution, and any violation of this provision is a misdemeanor,
punishable by a fine of not to exceed two thousand five hundred
dollars ($2,500). In addition, the privilege of the school or
college to receive the information shall be suspended for a period of
two years from the time of discovery of the misuse of the
information. Any district may limit or deny the release of specific
categories of directory information to any public or private
nonprofit organization based upon a determination of the best
interests of pupils.
Directory information may be released according to local policy as
to any pupil or former pupil. However, notice shall be given at
least on an annual basis of the categories of information that the
school plans to release and of the recipients. No directory
information shall be released regarding any pupil if a parent has
notified the school district that the information shall not be
released.
This section shall become operative on January 1, 1997.
SEC. 28. Section 66010 of the Education Code is amended to read:
66010. (a) Public higher education consists of (1) the California
Community Colleges, (2) the California State University, and each
campus, branch, and function thereof, and (3) each campus, branch,
and function of the University of California.
(b) As used in this part, "independent institutions of higher
education" are those nonpublic higher education institutions that
grant undergraduate degrees, graduate degrees, or both, and that are
formed as nonprofit corporations in this state and are accredited by
an agency recognized by the United States Department of Education.
(c) No provision of this part is intended to regulate, subsidize,
or intrude upon private education, including, but not limited to,
independent educational institutions and religious schools, nor to
vary existing state law or state constitutional provisions relating
to private education.
SEC. 29. Section 66015 of the Education Code is amended to read:
66015. It is the intent of the Governor and the Legislature, in
cooperation with the Trustees of the California State University, to
do both of the following:
(a) Place a major priority on resolving the serious problem of
impacted and overcrowded classes, not only with respect to the
California State University, but throughout public postsecondary
education.
(b) Ensure that needy students receive financial aid sufficient to
cover the cost of fee increases for each academic year. The
Trustees of the California State University shall provide to the
Legislature and the Governor, by January 1 of each year,
documentation verifying the extent to which this provision has been
satisfied.
SEC. 30. Section 66022 of the Education Code is amended to read:
66022. (a) The governing board of every community college
district, the Trustees of the California State University, the
Regents of the University of California, and the Board of Directors
of the Hastings College of the Law shall adopt regulations providing
for the withholding of institutional services from students or former
students who have been notified in writing at the student's or
former student's last known address that he or she is in default on a
loan or loans under the Federal Family Education Loan Program.
"Default," for purposes of this section, means the failure of a
borrower to make an installment payment when due, or to meet other
terms of the promissory note under circumstances where the guarantee
agency finds it reasonable to conclude that the borrower no longer
intends to honor the obligation to repay, provided that this failure
persists for 180 days for a loan repayable in monthly installments,
or 240 days for a loan repayable in less frequent installments.
(b) The regulations adopted pursuant to subdivision (a) shall
provide that the services withheld may be provided during a period
when the facts are in dispute or when the student or former student
demonstrates to either the governing board of the community college
district, the Trustees of the California State University, the
Regents of the University of California, or the Board of Directors of
the Hastings College of the Law, as appropriate, or to the Student
Aid Commission, or both the Student Aid Commission and the
appropriate entity or its designee, that reasonable progress has been
made to repay the loan or that there exists a reasonable
justification for the delay as determined by the institution. The
regulations shall specify the services to be withheld from the
student and may include, but are not limited to, the following:
(1) The provision of grades.
(2) The provision of transcripts.
(3) The provision of diplomas.
The adopted regulations shall not include the withholding of
registration privileges.
(c) When it has been determined that an individual is in default
on a loan or loans specified in subdivision (a), the Student Aid
Commission shall give notice of the default to all institutions
through which that individual acquired the loan or loans.
(d) This section shall not impose any requirement upon the
University of California or the Hastings College of the Law unless
the Regents of the University of California or the Board of Directors
of the Hastings College of the Law, respectively, by resolution,
make this section applicable.
(e) Guarantors, or those who act as their agents or act under
their control, who provide information to postsecondary educational
institutions pursuant to this section, shall defend, indemnify, and
hold harmless the governing board of every community college
district, the Trustees of the California State University, the
Regents of the University of California, and the Board of Directors
of the Hastings College of the Law from action resulting from
compliance with this section when the action arises as a result of
incorrect, misleading, or untimely information provided to the
postsecondary educational institution by the guarantors, their
agents, or those acting under the control of the guarantors.
SEC. 30.5. Section 66023 of the Education Code is amended to read:
66023. Each segment of public higher education shall establish,
and update as necessary, a written policy concerning students who are
called to active military service. The policy shall do all of the
following:
(a) Ensure that those students do not lose academic credits or
degree status.
(b) Provide for a refund of fees paid by the student for the term
in which he or she was called to active military service.
SEC. 31. Article 6 (commencing with Section 66060) is added to
Chapter 2 of Part 40 of the Education Code, to read:
Article 6. Campus Child Care and Development Programs
66060. (a) Notwithstanding any law to the contrary, higher
educational institutions may establish and maintain child development
programs on or near their respective campuses. Those higher
educational institutions under contract with the State Department of
Education for child care and development services pursuant to this
chapter or Chapter 2 (commencing with Section 8200) of Part 6 are
subject to the rules and regulations adopted by the Superintendent of
Public Instruction.
(b) Children of students of each campus operating a child
development program shall have first priority for service in that
program, in accordance with the priorities established in subdivision
(b) of Section 8263.
(c) The higher educational institutions may institutionalize child
development programs on their respective campuses for the purpose of
incorporating child development programs into the missions and
functions of the respective campuses.
(d) The Superintendent of Public Instruction, in cooperation with
higher educational institutions, shall establish rules and
regulations governing programs operated pursuant to this section.
(e) It is the intention of the Legislature that a consortium
composed of higher educational institutions be established by the
institutions to improve communication and cooperation and to advise
and assist the Superintendent of Public Instruction in the
development of rules and regulations and policies and procedures
affecting child care and development programs. The Superintendent of
Public Instruction, in cooperation with the consortium, shall be
responsible for ongoing communication with and dissemination of
information to all campus child care and development agencies under
contract with the State Department of Education.
SEC. 32. Article 7 (commencing with Section 66070) is added to
Chapter 2 of Part 40 of the Education Code, to read:
Article 7. Higher Education Assessment Act of 1990
66070. The Legislature finds and declares all of the following:
(a) The primary goal of every higher educational institution
should be to provide a collegiate experience which gives each student
the skills of communication and problemsolving, the ideas and
principles underlying the major areas of modern knowledge, the
ability to consider critical issues thoughtfully, the understanding
that learning is a continuous lifelong process, and the knowledge of
democracy necessary for good citizenship.
(b) To improve performance, educational institutions are
encouraged to use effective assessment mechanisms based on positive
reinforcement, incentives, and cooperation.
66071. In enacting this article, it is the intent of the
Legislature to urge the continued development and implementation of
assessment processes whereby institutions of higher education
establish mechanisms, through program review and improvement, for the
assessment of their performance in attempting to improve student
learning and comprehension and achieving the expressed state policy
goals for higher education of quality, educational equity, employee
diversity, student transfer, and student retention. The primary
purposes of assessment shall be to improve teaching and learning as
well as academic advising. Assessment programs shall be focused on
activities that are campus-based, faculty-centered, and
student-responsive. Faculty, students, and academic administrators
are encouraged to work together in developing assessment programs.
66072. It is the intent of the Legislature to monitor the
performance of the University of California, the California State
University, and the community colleges in the following areas:
(a) Diversification of student bodies.
(b) Improved student transfer rates.
(c) Improved student retention rates.
(d) Diversification of faculty, nonfaculty academic staff, and
administrative positions.
(e) As a part of program
review, enhanced student learning, as demonstrated through mechanisms
designed to explore improvements in knowledge, skills, and
abilities.
SEC. 33. Section 66170 of the Education Code is amended to read:
66170. As used in this article, the following terms have the
following meanings:
(a) "Degree" means a degree awarded by any public postsecondary
educational institution or any private postsecondary educational
institution approved to operate by the Council for Private
Postsecondary and Vocational Education, accredited by an agency
recognized by the United States Department of Education, or operated
pursuant to Section 94303.
(b) "Duplicate degree tuition" means the tuition fee established
pursuant to this article.
(c) "Governing board" means the Trustees of the California State
University, the Regents of the University of California, the Board of
Directors of the Hastings College of the Law, and the California
Maritime Academy Board of Governors.
(d) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 33.5. Section 66170 is added to the Education Code, to read:
66170. As used in this article, the following terms have the
following meanings:
(a) "Degree" means a degree awarded by any public postsecondary
educational institution or any private postsecondary educational
institution approved to operate by the Council for Private
Postsecondary and Vocational Education, accredited by an agency
recognized by the United States Department of Education, or operated
pursuant to Section 94702.
(b) "Duplicate degree tuition" means the tuition fee established
pursuant to this article.
(c) "Governing board" means the Trustees of the California State
University, the Regents of the University of California, the Board of
Directors of the Hastings College of the Law, and the California
Maritime Academy Board of Governors.
(d) This section shall become operative on January 1, 1997.
SEC. 34. Section 66202.5 of the Education Code is amended to read:
66202.5. The State of California reaffirms its historic
commitment to ensure adequate resources to support enrollment growth,
within the systemwide academic and individual campus plans to
accommodate eligible California freshmen applicants and eligible
California Community College transfer students, as specified in
Sections 66202 and 66730.
The University of California and the California State University
are expected to plan that adequate spaces are available to
accommodate all California resident students who are eligible and
likely to apply to attend an appropriate place within the system.
The State of California likewise reaffirms its historic commitment to
ensure that resources are provided to make this expansion possible,
and shall commit resources to ensure that students from enrollment
categories designated in subdivision (a) of Section 66202 are
accommodated in a place within the system. In addition, transfer
students from paragraphs (2) and (3) of subdivision (a) of Section
66202, shall be accommodated at the campus or major of choice
specified in the redirection agreement, the approved transfer program
or written agreements, unless these majors have been declared
"impacted." For impacted majors, students shall be given the
opportunity to have access to the major when spaces become available,
and new freshmen shall be admitted to the major in a controlled
manner to ensure that all transfer students described in paragraph
(2) of subdivision (a) of Section 66202 have an equitable chance of
being accommodated. It is the intent of the Legislature to fund
programs designed to accomplish the purposes of this subdivision
through appropriations made in the Budget Act to the public
institutions of higher education, and the annual Budget shall contain
appropriations necessary to accommodate all students from all of the
categories designated in subdivision (a) of Section 66202.
The segments may, in implementing these enrollment plans and
admissions practice priorities, consider the overall needs of
students in maintaining a balanced program and a quality curriculum,
and are expected to consider the state's goals of educational equity
and racial and ethnic diversity of students and faculty in the
planning and management of their admissions practices. It is further
the intent of the Legislature that campus enrollment planning
processes provide for the equitable treatment of the following: (1)
all eligible entering freshmen; (2) continuing students in good
standing; and (3) eligible community college transfer students with
regard to accommodation in majors.
SEC. 35. Section 66207 of the Education Code is repealed.
SEC. 35.5. Section 66211 of the Education Code is repealed.
SEC. 36. Chapter 7 (commencing with Section 66501) of Part 40 of
the Education Code is repealed.
SEC. 37. Section 66605.5 of the Education Code is repealed.
SEC. 37.5. Section 66723 of the Education Code is repealed.
SEC. 38. Section 66743 of the Education Code is amended to read:
66743. The California Postsecondary Education Commission is
requested to convene an intersegmental advisory committee on transfer
access and performance for the purposes of presenting biennial
reports to the Governor and the Legislature on the status of transfer
policies and programs, the diligence of each segment's board, and
the effectiveness of these programs in meeting the state's goals for
transfer. The report shall include information about all of the
following:
(a) The effectiveness of transfer agreement programs and
activities in enhancing the transfer function overall as well as the
extent to which transfer program activities have been directed at
students who have been historically underrepresented in the
University of California and the California State University.
(b) The status of the implementation of the transfer core
curriculum as described in Section 66720 for each community college,
including information about the extent to which sophomore level
courses needed for transfer are available on all community college
campuses.
(c) Progress that has been made in achieving articulation
agreements in those specific majors that have lower division
prerequisites, and the dissemination of this information. The
committee shall also explore methods to systematically measure the
extent to which the state's goals of freshmen and transfer student
access are being met, including analyses of the number of fully
eligible freshmen or transfer students who are denied access to the
system, and the reasons for that denial. The committee shall also
address ways in which sharing of information about transfer students
among the segments can be improved, including early identification of
potential transfer students for intensive recruitment purposes.
The Governor and the Legislature shall monitor the success of the
University of California and the California State University in
achieving their targeted enrollment levels and in implementing these
reforms. A substantial failure to implement reform, to achieve the
60/40 ratio by the designated dates, or to improve the transfer rate
of historically underrepresented groups significantly, shall
precipitate legislative hearings to determine the reasons why any one
or all of these goals have not been met.
SEC. 38.5. Section 66744 of the Education Code is repealed.
SEC. 38.7. Section 66753.5 of the Education Code is amended to
read:
66753.5. The enrollment of a student at a host campus pursuant to
this chapter shall not be counted in the calculation of headcount or
full-time equivalent student enrollment at either the home
campus or the host campus. The home campus may count
in the calculation of headcount or full-time equivalent student
enrollment only those units for which the student is enrolled at the
home campus.
SEC. 39. Section 66900 of the Education Code is repealed.
SEC. 40. Section 66900 is added to the Education Code, to read:
66900. (a) It is the intent of the Legislature that the
California Postsecondary Education Commission (CPEC) be responsible
for coordinating public, independent, and private postsecondary
education in California and providing independent policy analyses and
recommendations to the Legislature and the Governor on postsecondary
education issues. In this respect, the Legislature finds as
follows:
(1) California, in its adoption of the 1960 Master Plan for Higher
Education, established the Coordinating Council for Higher
Education, the commission's predecessor as the statewide coordinating
and planning board for higher education.
(2) In 1973, the Legislature's Joint Committee on Higher Education
reviewed the 1960 Master Plan for Higher Education and ultimately
advanced a report that included recommendations for strengthening
California's higher education plan. The committee's work resulted in
the disestablishment of the Coordinating Council for Higher
Education and the establishment of the California Postsecondary
Education Commission.
(3) Assembly Bill 770 (Chapter 1187 of the Statutes of 1973)
strengthened the membership of the commission by having a majority of
its members represent the general public. That bill also increased
the commission's responsibilities with respect to advising the
Legislature and the Governor on issues related to governance,
operation, and financing of higher education in California.
(4) Since 1974, the commission has served as the state's
independent planning and coordination agency for postsecondary
education policy, responsible for providing analyses and
recommendations to the Legislature and the Governor related to
long-range planning for public postsecondary education and the state
policy and programs involving independent and private postsecondary
education sectors.
(5) In 1990, Senate Bill 1570 (Chapter 1587 of the Statutes of
1990) codified the commission's mission statement developed by the
1989 Joint Committee for the Review of the Master Plan for Higher
Education.
(6) The commission has administered specifically designated
federal programs and in July 1993, it was named the state's
designated agency to administer the new federal state postsecondary
review entity (SPRE).
(b) It is the intent of the Legislature that the commission
maintain the essential role it plays in coordinating all sectors of
postsecondary education, both public and private, given the size,
scope, and complexity of California's higher education system.
(c) It is further the intent of the Legislature, as follows:
(1) That the education policy recommendations of the commission
shall be a primary consideration in developing state policy and
funding for postsecondary education.
(2) That the commission shall develop and maintain a data
collection system capable of documenting the performance of
postsecondary education institutions in meeting the post high school
education and training needs of California's diverse population.
(3) That the commission, as the state's planning and coordinating
agency, shall ensure the effective utilization of public
postsecondary education resources, thereby eliminating waste and
unnecessary duplication, and shall promote diversity, innovation, and
responsiveness to student and societal needs.
(4) That the commission shall encourage the participation of
faculty members, students, administrators, and members of the general
public in carrying out its duties and responsibilities.
SEC. 41. Section 66903 of the Education Code is amended to read:
66903. The commission shall have the following functions and
responsibilities in its capacity as the statewide postsecondary
education planning and coordinating agency and adviser to the
Legislature and Governor:
(a) It shall require the governing boards of the segments of
public postsecondary education to develop and submit to the
commission institutional and systemwide long-range plans in a form
determined by the commission after consultation with the segments.
(b) It shall prepare a state plan for postsecondary education
which shall integrate the planning efforts of the public segments and
other pertinent plans. The commission shall seek to resolve
conflicts or inconsistencies among segmental plans in consultation
with the segments. If these consultations are unsuccessful the
commission shall report the unresolved issues to the Legislature with
recommendations for resolution.
In developing the plan, the commission shall consider at least the
following factors:
(1) The need for and location of new facilities.
(2) The range and kinds of programs appropriate to each
institution or system.
(3) The budgetary priorities of the institutions and systems of
postsecondary education.
(4) The impact of various types and levels of student charges on
students and on postsecondary education programs and institutions.
(5) The appropriate levels of state-funded student financial aid.
(6) The access and admissions of students to postsecondary
education.
(7) The educational programs and resources of independent and
private postsecondary institutions.
(8) The provisions of this division differentiating the functions
of the public systems of higher education.
(c) It shall update the plan periodically, as appropriate.
(d) It shall participate in appropriate stages of the executive
and legislative budget processes as requested by the executive and
legislative branches and shall advise the executive and legislative
branches as to whether segmental programmatic budgetary requests are
compatible with the state plan. It is not intended that the
commission hold independent budget hearings.
(e) It shall advise the Legislature and the Governor regarding the
need for, and location of, new institutions and campuses of public
higher education.
(f) It shall review proposals by the public segments for new
programs, the priorities that guide them, the degree of coordination
with nearby public, independent, and private postsecondary
educational institutions, and shall make recommendations regarding
those proposals to the Legislature and the Governor.
(g) In consultation with the public segments, it shall establish a
schedule for segmental review of selected educational programs,
evaluate the program approval, review, and disestablishment processes
of the segments, and report its findings and recommendations to the
Legislature and the Governor.
(h) It shall serve as a stimulus to the segments and institutions
of postsecondary education by projecting and identifying societal and
educational needs and encouraging adaptability to change.
(i) It shall periodically collect or conduct, or both collect and
conduct, studies of projected manpower supply and demand, in
cooperation with appropriate state agencies, and disseminate the
results of those studies to institutions of postsecondary education
and to the public in order to improve the information base upon which
student choices are made. The Legislature shall make
available the resources necessary to carry out this purpose.
(j) It shall periodically review and make recommendations
concerning the need for, and availability of, postsecondary programs
for adult and continuing education.
(k) It shall develop criteria for evaluating the effectiveness of
all aspects of postsecondary education.
(l) It shall maintain and update annually an inventory of all
off-campus programs and facilities for education, research and
community service operated by public and independent institutions of
postsecondary education.
(m) It shall act as a clearinghouse for postsecondary
education information and as a primary source of information for the
Legislature, the Governor, and other agencies, and develop a
comprehensive data base ensuring comparability of data from diverse
sources.
(n) It shall establish criteria for state support of new and
existing programs, in consultation with the public segments, the
Department of Finance, and the Joint Legislative Budget Committee.
(n)
(o) It shall comply with the appropriate provisions of the
Education Amendments of 1972 (P.L. 92-318) as specified in Section
67000.
(o)
(p) It shall consider the relationship between academic
education and vocational education and job training programs and
shall actively consult with representatives of public and private
education.
(p)
(q) It shall review all proposals for changes in eligibility
pools for admission to public institutions and segments of
postsecondary education and shall make recommendations to the
Legislature, the Governor, and institutions of postsecondary
education.
(q)
(r) It shall report periodically to the Legislature and the
Governor regarding the financial conditions of independent
institutions, their enrollment and application figures, the number of
student spaces available, and the respective cost of utilizing those
spaces as compared to providing additional public spaces. The
reports shall include recommendations concerning state policies and
programs having a significant impact on independent institutions.
(r)
(s) Upon request of the Legislature or the Governor, it
shall submit to the Legislature and the Governor a report on all
matters so requested that are compatible with its role as the
statewide postsecondary education planning and coordinating agency.
Upon request of individual Members of the Legislature or personnel in
the executive branch, the commission shall submit information or a
report on any matter to the extent that sufficient resources are
available. From time to time it also may submit to the Legislature
and the Governor a report that contains recommendations as to
necessary or desirable changes, if any, in the functions, policies,
and programs of the several segments of public, independent, and
private postsecondary education.
(s)
(t) It may undertake other functions and responsibilities
that are compatible with its role as the statewide postsecondary
education planning and coordinating agency.
SEC. 42. Section 66903.1 is added to the Education Code, to read:
66903.1. The commission shall report periodically to the
Legislature and the Governor on the composition of the work force
among academic, administrative, and other employees at the California
State University, the University of California, and the California
Community Colleges. To prepare this report, the commission shall
collect data on the composition of the state's population, data from
each segment of public postsecondary education, and review the
policies, programs, and procedures used to assemble each segment's
work force. The segments shall submit to the commission information
that the commission, from time to time, may request that is
associated with fulfilling the purpose of this section.
SEC. 43. Section 66903.2 of the Education Code is repealed.
SEC. 44. Section 66903.2 is added to the Education Code, to read:
66903.2. The Office of Statewide Health Planning and Development
shall consult with the commission in the development by the office of
its Health Manpower Plan and recommendations for meeting the needs
in California for health science personnel. This consultation shall
focus on whether health science education enrollment levels are
adequate to meet the state's health manpower needs by category and
specialty within each category.
SEC. 45. Section 66903.3 of the Education Code is amended to read:
66903.3. The commission may delegate to the executive director
any power, duty, purpose, function, or jurisdiction that the
commission may lawfully delegate, including the authority to enter
into and sign contracts on behalf of the commission. The executive
director may redelegate any of those powers, duties, purposes,
functions, or jurisdictions to his or her designee, unless by
statute, or rule or regulation, the executive director is expressly
required to act personally.
SEC. 46. Section 66903.4 of the Education Code is repealed.
SEC. 47. Section 66903.6 of the Education Code is repealed.
SEC. 48. Chapter 11.3 (commencing with Section 66940) is added to
Part 40 of the Education Code, to read:
CHAPTER 11.3. THE CALIFORNIA DISTANCE LEARNING POLICY
Article 1. Policy
66940. The California Postsecondary Education Commission shall
develop a state policy on the use of distance learning technology in
education, to be considered and, if appropriate, adopted by the
Legislature. Further, in developing the policy, the California
Postsecondary Education Commission shall address issues of funding
and management of intersegmental distance learning efforts, course
credit transfer, qualifications and credentialing of instructors and
onsite personnel, ensuing course quality, and other policy issues
associated with distance education, as well as, compile research on
the effectiveness and cost effectiveness of distance instruction at
various levels of education.
The policy shall be developed to recognize the several existing
distance learning networks, to enhance their coordination and
direction, and to provide statewide incentives to continue to build
partnerships that further distance learning as a cost-effective means
to address resource equity and quality issues in education. In
formulation of the policy, the California Postsecondary Education
Commission shall specifically draw upon the experience and findings
of the various campuses of the California State University that
currently offer courses via distance education, including California
State University, Bakersfield, California State University, Chico,
the California Polytechnic University, Pomona, as well as draw upon
the experience and findings of other current providers of distance
education programming.
66941. (a) In developing the policy, the California Postsecondary
Education Commission shall propose a strategy to provide, through a
cost-effective distance learning delivery system, the following five
types of educational services:
(1) Curriculum enhancement to meet the needs of high-risk pupils
who would otherwise be likely to drop out of traditional classroom
programs.
(2) Expanded course offerings, in subjects that include, but are
not limited to, foreign languages, science, and mathematics, to rural
and inner-city secondary schools that are unable to provide the
college preparatory and enrichment courses that their pupils require
and that other schools provide.
(3) Expanded course offerings at rural community colleges and
off-campus centers to better serve students in remote parts of the
state. These expanded offerings should include university level
courses to better serve community college students who are
considering a university-level education but do not have the
financial resources to transfer.
(4) Staff development courses for elementary and secondary school
teachers who might otherwise be unable to participate in these
training opportunities.
(5) Curriculum enhancement through the increased communication
capability of schools, colleges, and universities providing the
opportunity for institutions to receive varied types of supplementary
educational programs, conduct exchanges with business, industry, and
government, participate in live lectures and conferences on special
topics, and increase cooperation and communication among educational
institutions.
(b) In developing the policy, the California Postsecondary
Education Commission shall identify existing sources of interactive
distance learning instructional and staff development programming
that can be utilized immediately by schools and colleges, and propose
a strategy to utilize existing technologies to deliver instruction
over distance, and link together school and college classrooms in
rural and inner-city areas in the state.
66942. (a) In preparing the policy statement, the California
Postsecondary Education Commission shall consult with an advisory
committee composed of representatives from public schools, a county
office of education, the State Department of Education, the
California State University, the California Community Colleges, the
University of California, the independent accredited universities and
colleges, the governing board of a school district, the Educational
Technology Committee, and private sector providers of communication
networks and programming.
(b) The commission shall submit the policy statement to the
legislative policy committees and the Governor on or before May 1,
1990.
(c)
(b) Following the development of the policy statement, it is
the intent of the Legislature that educational institutions consider
the preparation of a budget proposal to establish a comprehensive
distance learning project within California.
Article 2. Pilot Projects
66943. The Legislature finds and declares as follows:
(a) The California Workforce Literacy Task Force recommended in
1990 that California's Legislature and Governor work together to
promote awareness of the serious need facing the state for greater
investments in the literacy skills development of our underserved
youth and adult human resources.
(b) More than half of California's youth and adults are not
seeking higher education. An estimated seven million of California's
youth and adults, age 15 years and older, have educationally
developed skills below the 9th grade level, and many are in need of
English language training.
(c) State-provided literacy programs cannot meet the present
demands for services, yet a majority of those who could benefit from
additional education are not being reached, and of those who are
served, most drop out without increasing their skills to the 9th
grade level.
(d) Most of the population in need of literacy and other cognitive
skills development are not being reached and served by the current
delivery system. A limitation on the funds available for this
purpose has the effect of causing many individuals to be turned away
from programs. Among the reasons given for nonparticipation are
failure to recognize a skills problem, fear of admitting a literacy
problem at work, or embarrassment. The demands of
work and family may create barriers to
participation. Negative attitudes about classroom learning, times,
and locations for learning are often reported. The perceived lack of
any rewards or benefits offers little incentive for many of the
persons in need of improving their skills.
(e) Distance learning instructional technologies provide
California with excellent opportunities to accomplish important
long-range educational opportunities and objectives efficiently.
(f) Distance learning is changing educational boundaries that
traditionally have been defined by location and institution. Using
distance learning technology, classrooms may now extend to students
in other schools, in other cities, in other states, and in other
nations. A high school course in advanced mathematics may be taught
by a university professor in a live, interactive situation linking
high school pupils in inner-city areas of Los Angeles, Boston,
Detroit, and rural areas of California.
(g) California is far behind other states in statewide planning
and policy development for distance learning. As a result, the
benefits of distance learning are not being shared equitably across
the state, the resources are not being used as efficiently as they
might be, the potential of distance learning technologies to meet
broader school and college reform goals is not being maximized, and
outmoded statutes and policies block the full utilization of the new
technologies.
(h) The federal Office of Technology Assessment concluded in a
1989 report that the recent expansion of distance learning has
provided a unique opportunity for collaboration and resource sharing
by educators from various institutional, instructional, and
geographic locations. Joint activities by representatives from
public schools, higher education, and the private sector have
multiplied significantly during the past five years, seeking to use
distance learning as a means to respond to the need for improved
educational services. Distance learning technology has been
successfully used in many states to provide educational services for
the geographically isolated schools and for underserved or advanced
students. States are now using distance learning as a means of
solving other educational deficiencies, including inadequacies in
faculty and staff development, parental involvement, and cultural
relations.
(i) The changing composition of California society has resulted in
an increase in the adult population demand for English language and
basic skills instruction that school districts and community college
districts have been unable to meet due to budget constraints. In
response to this situation, it is the intent of the Legislature to
expand the utilization of distance learning technology in the
provision of English language and basic skills instruction to adults
in all regions of the state.
66944. Distance Learning Pilot Projects for English as a Second
Language and Adult Workforce Skills shall be established, utilizing
distance learning technologies to provide both English language
instruction and work force skills for adults with limited English
proficiency.
66945. The California Postsecondary Education Commission, in
consultation with parties having an interest in distance learning
activities, shall do all of the following:
(a) Establish and implement a request for proposals for the
establishment of two or more Distance Learning Pilot Projects for
English as a Second Language and Adult Workforce Skills. These
projects shall operate as cost-effective models providing training
services to adults. Each project shall be operated for a five-year
period. The projects for adult work force skills shall provide
services at the adult's worksite, and each project shall function as
a consortium involving representatives from business and industry,
labor, and educational institutions.
(b) Process, solicit, and review proposals for the pilot projects.
(c) Establish guidelines for the operation of the pilot projects.
(d) Award grants for the operation of the pilot projects.
(e) Establish evaluation criteria to assess the effectiveness of
the pilot projects.
66946. Utilizing the criteria established pursuant to subdivision
(e) of Section 66945, the commission shall complete an evaluation of
the pilot projects within five years of the initial funding date for
the operation of the pilot projects. The commission's evaluation
shall include, but not be limited to, the following:
(a) The extent to which pupil achievement levels in English
language skills have improved, compared with pupils receiving
comparable English as a second language instruction in the
traditional classroom setting.
(b) The cost savings, if any, associated with the use of distance
learning technology.
(c) Barriers associated with the use of distance learning
technology, and the identification of strategies to overcome these
barriers.
66947. For the purposes of this article, "distance learning"
means instruction in which the student and instructor are separated
by distance and interact through the assistance of computer and
communications technology. Distance learning also may include video
or audio instruction in which the primary mode of communication
between student and instructor is through a communications medium,
including, but not limited to, instructional television, video, or
telecourses, and any other instruction that relies on computer or
communications technology to reach students at distant locations.
66948. Funding to establish and maintain the distance learning
pilot projects for English as a Second Language and Adult Workforce
Skills shall be obtained only from grants from federal agencies or
private foundations, or both.
SEC. 49. Chapter 11.5 (commencing with Section 66950) of Part 40
of the Education Code is repealed.
SEC. 50. Chapter 13 (commencing with Section 67100) of Part 40 of
the Education Code is repealed.
SEC. 51. Section 67140 of the Education Code is amended to read:
67140. Colleges and universities shall adopt policies identifying
those categories of directory information as defined in subdivision
(c) of Section 67110, which may be released. The names and addresses
of students may be provided to a private school or college operating
under the provisions of Chapter 3 (commencing with Section 94300) of
Part 59 of Division 10 of this title, provided, however, that no
such private school or college shall use such information for other
than purposes directly related to the academic or professional goals
of the institution, and provided further that any violation of this
provision is a misdemeanor, punishable by a fine of not to exceed two
thousand five hundred dollars ($2,500), and, in addition, the
privilege of the school or college to receive such information shall
be suspended for a period of two years from the time of discovery of
the misuse of such information.
Any college or university may, in its discretion, limit or deny
the release of specific categories of directory information based
upon a determination of the best interests of students.
Directory information may be released according to local policy as
to any former student or any student currently attending the college
or university, provided that public notice is given at least
annually of the categories of information which the college or
university plans to release.
No directory information shall be released regarding any student
or former student when the student or former student has notified the
institution in writing that such information shall not be released.
This section shall remain in effect only until January 1, 1997,
and as of that date is repealed, unless a later enacted statute,
which is enacted before January 1, 1997, deletes or extends that
date.
SEC. 51.5. Section 67140 is added to the Education Code, to read:
67140. Colleges and universities shall adopt policies identifying
those categories of directory information as defined in subdivision
(c) of Section 67110 that may be released. The names and addresses
of students may be provided to a private school or college operating
under Chapter 7 (commencing with Section 94700) of Part 59. However,
no such private school or college shall use that information for
other than purposes directly related to the academic or professional
goals of the institution, and any violation of this provision is a
misdemeanor, punishable by a fine not to exceed two thousand five
hundred dollars ($2,500). In addition, the privilege of the school
or college to receive the information shall be suspended for a period
of two years from the time of discovery of the misuse of the
information.
Any college or university may limit or deny the release of
specific categories of directory information based upon a
determination of the best interests of students.
Directory information may be released according to local policy as
to any former student or any student currently attending the college
or university. However, public notice shall be given at least
annually of the categories of information that the college or
university plans to release.
No directory information shall be released regarding any student
or former student if the student or former student has notified the
institution in writing that the information shall not be released.
This section shall become operative on January 1, 1997.
SEC. 52. Chapter 14 (commencing with Section 67300) of Part 40 of
the Education Code is repealed.
SEC. 53. Chapter 14.2 (commencing with Section 67310) of Part 40
of the Education Code is repealed.
SEC. 54. Chapter 14 (commencing with Section 67300) is added to
Part 40 of the Education Code, to read:
CHAPTER 14. DISABLED STUDENT SERVICES
Article 1. General Provisions
67300. Services for disabled students provided by the California
Community Colleges and the California State University shall, and
services provided for the University of California may, at a minimum,
conform to the level and quality of those services provided by the
Department of Rehabilitation to its clients prior to July 1, 1981.
However, nothing in this chapter requires the California Community
Colleges, the California State University, or the University of
California to provide the services for disabled students in the same
manner as those services were provided by the Department of
Rehabilitation.
The Board of Governors of the California Community Colleges and
the Trustees of the California State University shall, for their
respective systems, and the Regents of the University of California
may adopt regulations to implement this chapter.
Notwithstanding any other provision of this section or Section
67305, blind students who are attending California Community Colleges
under the sponsorship of the Department of Rehabilitation shall have
all reader services provided directly by the Department of
Rehabilitation. Reader services provided by the Department of
Rehabilitation pursuant to this section shall be furnished in
accordance with federal and state law. The Department of
Rehabilitation shall seek federal funds for the provision of readers
to blind students pursuant to this section.
67301. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public. The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities. Except as otherwise
provided in this section, students with disabilities and persons
providing transportation to students with disabilities shall be
required to display a valid parking permit, if applicable, for the
campus attended. Nothing in this section prohibits the adoption of
rules and regulations providing greater accessibility for students
with disabilities and persons providing transportation services to
those students.
The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.
(b) The Regents of the University of California may provide, and
the Trustees of the California State University shall provide, and
the Board of Governors of the California Community Colleges shall
adopt rules and regulations requiring the governing board of each
community college district to provide, visitor parking at each campus
of the university or district at no charge for a disabled person, as
defined by Section 295.5 of the Vehicle Code, or disabled veteran,
as defined by Section 295.7 of the Vehicle Code, or as defined by
each segment's policy concerning the provision of services to
students with disabilities, whichever is more inclusive, and for
persons providing transportation services to individuals with
disabilities. Whenever parking designated for a disabled person is
provided on any campus of the University of California, the
California State University, or a community college district in a
facility controlled by a mechanical gate, that university or district
shall also provide accommodations for any person whose disability
prevents him or her from operating the gate controls. These
accommodations may be provided by making arrangements for disabled
persons to be assisted in the operation of the gate controls, or
through other effective and reasonable means the university or
district may devise. Nothing in this subdivision shall be construed
to require the replacement or elimination of special parking
facilities restricted for the use of disabled persons located on the
campuses of these universities or districts.
It is the intent of the Legislature that community college
districts shall utilize the proceeds from parking fees charged to
community college students and employees to offset costs incurred by
these districts in accommodating disabled persons pursuant to the
requirements of this section.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall, and the
Regents of the University of California may, establish procedures for
the purpose of conducting biennial audits to determine whether
individual campuses are in compliance with all state building code
requirements relating to the location and the designation of minimum
percentages of available campus parking spaces for use by students
with disabilities, as determined by guidelines of Section 14679 of
the Government Code, Section 2-7102 of Title 24 of the California
Code of Regulations, Part 40 (commencing with Section 40.1) of Title
24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of
the Code of Federal Regulations, or their successor provisions, or
any other applicable provisions of law, whichever provides the
greater accessibility for disabled persons.
The Trustees of the California State University shall, and the
Regents of the University of California may, report the findings of
these audits to the Legislature and the Governor.
Article 2. Reader Services
67305. Notwithstanding the provisions of Section 67300, federal
and state vocational rehabilitation funds may be utilized to provide
reader and interpreter services to clients of the Department of
Rehabilitation, provided that those funds are administered in full
compliance with applicable federal and state laws and regulations and
the policies and procedures of the Department of Rehabilitation.
67306. (a) California State University systemwide policy
governing the provision of services to students with disabilities
shall include a requirement that Disabled Student Services (DSS)
directors maintain a list of readers who meet certain standards.
These standards shall include some college education, a 3.0 grade
point average, or the possession of equivalent skills. It is expected
that most students will select a reader from this list.
(b) In addition, systemwide policy shall require that students and
readers meet in a mutually agreeable public facility, either on
campus or off campus, as appropriate to the student's coursework and
consistent with campus policy. Requests for, and explanation of, the
need for exceptions to this regulation shall be made in writing by a
student on a standardized form developed by the California State
University and maintained on file.
(c) Students who prefer a reader not on the campus list or prefer
alternative locations for services mutually agreed to by the reader
and the student, shall file written requests on a standardized form
provided by the DSS director, or his or her designee, and developed
by the California State University, to be maintained on file.
(d) At the beginning of each term, students shall receive a notice
informing them of the option to choose a reader not on the list and
to choose a location for receiving reader services in a nonpublic
facility. The notice shall be signed by both the student and the DSS
director, or his or her designee, and shall be maintained on file.
67307. Reader services for students with disabilities attending
the California State University shall be provided for required
reading not readily available on tape, handouts, and materials
necessary for the required research papers. The number of reader
hours provided shall be determined by the appropriate DSS staff
person, in consultation with the student, and based on the volume of
materials to be read. While the desirable number of hours to be
available is, at a minimum, 1.5 hours of reader service per unit per
week, the final number of reader services to be provided is dependent
upon the student courseload, the individual student's need, and
available campus funds.
Article 3. State-Funded Services
67310. (a) The Legislature finds and declares that equal access
to public postsecondary education is essential for the full
integration of persons with disabilities into the social, political,
and economic mainstream of California. The Legislature recognizes
the historic underrepresentation of disabled students in
postsecondary programs and the need for equitable efforts that
enhance the enrollment and retention of disabled students in public
colleges and universities in California.
(b) The Legislature recognizes its responsibility to provide and
adequately fund postsecondary programs and services for disabled
students attending a public postsecondary institution.
(c) To meet this responsibility, the Legislature sets forth the
following principles for public postsecondary institutions and
budgetary control agencies to observe in providing postsecondary
programs and services for students with disabilities:
(1) The state funded activity shall be consistent with the stated
purpose of programs and services for disabled students provided by
the California Community Colleges, the California State University,
or the University of California, as governed by the statutes,
regulations, and guidelines of the community colleges, state
university, or the University of California.
(2) The state funded activity shall not duplicate services or
instruction that are available to all students, either on campus or
in the community.
(3) The state funded activity shall be directly related to the
functional limitations of the verifiable disabilities of the students
to be served.
(4) The state funded activity shall be directly related to these
students' full access to and participation in the educational
process.
(5) The state funded activity shall have as its goals the
independence of disabled students and the maximum integration of
these students with other students.
(6) The state funded activity shall be provided in the most
integrated setting possible, consistent with state and federal law,
state policy and funding requirements, and missions and policies of
the postsecondary segment, and shall be based on identified student
needs.
(d) It is the intent of the Legislature that, through the state
budget process, the public postsecondary institutions request, and
the state provide, funds to cover the actual cost of providing
services and instruction, consistent with the principles set forth in
subdivision (c), to disabled students in their respective
postsecondary institutions.
(e) All public postsecondary education institutions shall continue
to utilize other available resources to support programs and
services for disabled students as well as maintain their current
level of funding from other sources whenever possible.
(f) Pursuant to Section 67312, postsecondary institutions shall
demonstrate institutional accountability and clear program
effectiveness evaluations for services to students with disabilities.
67311. It is the desire and intent of the Legislature that, as
appropriate for each postsecondary segment, funds for disabled
student programs and services be based on the following three
categories of costs:
(a) Fixed costs associated with the ongoing administration and
operation of the services and programs. These fixed costs are basic
ongoing administrative and operational costs of campus programs that
are relatively consistent in frequency from year-to-year, such as:
(1) Access to, and arrangements for, adaptive educational
equipment, materials, and supplies required by disabled students.
(2) Job placement and development services related to the
transition from school to employment.
(3) Liaisons with campus and community agencies, including
referral and followup services to these agencies on behalf of
disabled students.
(4) On-campus and off-campus registration assistance, including
priority enrollment, applications for financial aid, and related
college services.
(5) Special parking, including on-campus parking registration,
temporary parking permit arrangements, and application assistance for
students who do not have state handicapped placards or license
plates.
(6) Supplemental specialized orientation to acquaint students with
the campus environment.
(7) Activities to coordinate and administer specialized services
and instruction.
(8) Activities to assess the planning, implementation, and
effectiveness of disabled student services and programs.
The baseline cost of these services shall be determined by the
respective system and fully funded with annual adjustments for
inflation and salary range changes, to the extent funds are provided.
(b) Continuing variable costs that fluctuate with changes in the
number of students or the unit load of students. These continuing
variable costs are costs for services that vary in frequency
depending on the needs of students, such as the following:
(1) Diagnostic assessment, including both individual and group
assessment not otherwise provided by the institution to determine
functional, educational, or employment levels or to certify specific
disabilities.
(2) On-campus mobility assistance, including mobility training and
orientation and manual or automatic transportation assistance to and
from college courses and related educational activities.
(3) Off-campus transportation assistance, including transporting
students with disabilities to and from the campus in areas where
accessible public transportation is unavailable, inadequate, or both.
(4) Disability-related counseling and advising, including
specialized academic, vocational, personal, and peer counseling, that
is developed specifically for disabled students and not duplicated
by regular counseling and advising services available to all
students.
(5) Interpreter services, including manual and oral interpreting
for deaf and hard-of-hearing students.
(6) Reader services to coordinate and provide access to
information required for equitable academic participation if this
access is unavailable in other suitable modes.
(7) Services to facilitate the repair of equipment and learning
assistance devices.
(8) Special class instruction that does not duplicate existing
college courses but is necessary to meet the unique educational needs
of particular groups of disabled students.
(9) Speech services, provided by licensed speech or language
pathologists for students with verified speech disabilities.
(10) Test taking facilitation, including adapting tests for and
proctoring test taking by, disabled students.
(11) Transcription services, including, but not limited to, the
provision of Braille and print materials.
(12) Specialized tutoring services not otherwise provided by the
institution.
(13) Notetaker services for writing, notetaking, and manual
manipulation for classroom and related academic activities.
State funds may be provided annually for the cost of these
services on an actual-cost basis, including wages for the individuals
providing these services and expenses for attendant supplies. Each
institution shall be responsible for documenting its costs to the
appropriate state agencies.
(c) One-time variable costs associated with the purchase or
replacement of equipment. One-time variable costs are one-time
expenditures for the
purchase of supplies or the repair of equipment, such as adapted
educational materials and vehicles. State funds shall be provided
for these expenses on an actual cost basis as documented by each
institution.
67312. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
for their respective systems, and the Regents of the University of
California may, do the following:
(1) Work with the California Postsecondary Education Commission
and the Department of Finance to develop formulas or procedures for
allocating funds authorized under this chapter.
(2) Adopt rules and regulations necessary to the operation of
programs funded pursuant to this chapter.
(3) Maintain the present intersegmental efforts to work with the
California Postsecondary Education Commission and other interested
parties, to coordinate the planning and development of programs for
students with disabilities, including, but not limited to, the
establishment of common definitions for students with disabilities
and uniform formats for reports required under this chapter.
(4) Develop and implement, in consultation with students and
staff, a system for evaluating state-funded programs and services for
disabled students on each campus at least every five years. At a
minimum, these systems shall provide for the gathering of outcome
data, staff and student perceptions of program effectiveness, and
data on the implementation of the program and physical accessibility
requirements of Section 794 of Title 29 of the Federal Rehabilitation
Act of 1973.
(b) Commencing in January 1990, and every two years thereafter,
the Board of Governors of the California Community Colleges and the
Trustees of the California State University shall, for their
respective systems, and the Regents of the University of California
may, submit a report to the Governor, the education policy committees
of the Legislature, and the California Postsecondary Education
Commission on the evaluations developed pursuant to subdivision (a).
These biennial reports shall also include a review on a
campus-by-campus basis of the enrollment, retention, transition, and
graduation rates of disabled students.
(c) The California Postsecondary Education Commission shall review
these reports and submit its comments and recommendations to the
Governor and education policy committees of the Legislature.
67313. Nothing in this chapter shall be construed to be directing
any student, or students, toward a particular program or service for
students with disabilities nor shall anything in this chapter be
used to deny any student an education because he or she does not wish
to receive state funded disabled student programs and services.
SEC. 55. Section 67321 of the Education Code is repealed.
SEC. 55.5. Section 67359.9 is added to the Education Code, to
read:
67359.9. This chapter shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 56. Section 67385 of the Education Code is amended to read:
67385. (a) The governing board of each community college
district, the Trustees of the California State University, the Board
of Directors of the Hastings College of the Law, and the Regents of
the University of California shall each adopt, and implement at each
of their respective campuses or other facilities, a written procedure
or protocols to ensure, to the fullest extent possible, that
students, faculty, and staff who are victims of sexual assault
committed at or upon the grounds of, or upon off-campus grounds or
facilities maintained by the institution, or upon grounds or
facilities maintained by affiliated student organizations, shall
receive treatment and information. If appropriate on-campus
treatment facilities are unavailable, the written procedure on
protocols may provide for referrals to local community treatment
centers.
(b) The written procedures or protocols adopted pursuant to
subdivision (a) shall contain at least the following information:
(1) The college policy regarding sexual assault on campus.
(2) Personnel on campus who should be notified, and procedures for
notification, with the consent of the victim.
(3) Legal reporting requirements, and procedures for fulfilling
them.
(4) Services available to victims, and personnel responsible for
providing these services, such as the person assigned to transport
the victim to the hospital, to refer the victim to a counseling
center, and to notify the police, with the victim's concurrence.
(5) A description of campus resources available to victims, as
well as appropriate off-campus services.
(6) Procedures for ongoing case management, including procedures
for keeping the victim informed of the status of any student
disciplinary proceedings in connection with the sexual assault, and
the results of any disciplinary action or appeal, and helping the
victim deal with academic difficulties that may arise because of the
victimization and its impact.
(7) Procedures for guaranteeing confidentiality and appropriately
handling requests for information from the press, concerned students,
and parents.
(8) Each victim of sexual assault should receive information about
the existence of at least the following options: criminal
prosecutions, civil prosecutions, the disciplinary process through
the college, the availability of mediation, alternative housing
assignments, and academic assistance alternatives.
(c) Each segment of higher education shall implement this chapter
from existing funds and resources available to it.
(d) For the purposes of this section, "sexual assault" includes,
but is not limited to, rape, forced sodomy, forced oral copulation,
rape by a foreign object, sexual battery, or threat of sexual
assault.
SEC. 56.5. Section 67386 of the Education Code is repealed.
SEC. 56.7. Section 67392 of the Education Code is repealed.
SEC. 57. Section 67500 of the Education Code is amended to read:
67500. The California State University, any community college
district, and the University of California may be reimbursed by the
state for expenditures made for preliminary plans and working
drawings for a capital outlay project, if all of the following
conditions are met:
(a) The project was authorized in a budget act or other statute
before the preliminary plans and working drawings were prepared.
(b) Funds for the reimbursement are appropriated by the
Legislature.
(c) All other applicable procedures were followed by the
California State University, the community college district, or the
University of California in expending the funds. The advance of
funds by the California State University, a community college
district, or the University of California, for preliminary plans and
working drawings, shall be made to promote early completion of a
capital outlay project authorized by the Legislature.
SEC. 58. Section 68011 of the Education Code is amended to read:
68011. "Institution" means the University of California, the
California State University, or a college of the California Community
Colleges.
SEC. 59. Section 68133 of the Education Code is amended to read:
68133. If an action is brought against a governing board as the
result of the application of this chapter, that governing board shall
inform the governing boards of the other institutions regarding the
litigation. If an action is brought against a district governing
board as a result of the application of this chapter, that district
governing board shall inform the Board of Governors of the California
Community Colleges, who shall inform the Regents of the University
of California, and the Trustees of the California State University,
regarding the pending litigation.
SEC. 60. Chapter 1 (commencing with Section 69270) of Part 42 of
the Education Code is repealed.
SEC. 61. Chapter 1.5 (commencing with Section 69300) of Part 42 of
the Education Code is repealed.
SEC. 62. Section 69507.7 of the Education Code is repealed.
SEC. 63. Section 69509 of the Education Code is amended to read:
69509. (a) Upon the commencement of any cause of action,
including an emergency action, by the commission against an
educational institution in connection with the Federal Family
Education Loan Program or other state student financial aid program,
the director of the commission may order that all or any part of
state financial aid funds scheduled to be delivered to that
institution by the commission, whether payable to that institution or
its students, be withheld from the institution and deposited in a
separate state account. However, in order to alleviate the financial
hardships imposed upon students by withholding the delivery of state
financial aid funds to an educational institution, the director of
the commission, at any time after the initial withholding, may
release state financial aid funds to these students, giving first
priority to the release of funds for subsistence payments.
(b) The director shall give notice to the institution and affected
students of any action taken pursuant to subdivision (a).
(c) The director, upon the termination of any action taken
pursuant to subdivision (a), shall order the disposition of the
withheld funds in a manner consistent with the outcome of the cause
of action and in the best interest of the affected students. The
director may order that the funds be withheld from an institution
permanently, in which case those funds shall be returned to the state
fund or account from which it originated, for subsequent use by the
commission.
(d) "Cause of action" and "emergency action," for the purposes of
this section, mean those actions described in Sections 30302 and
30304 of Title 5 of the California Code of Regulations, and as those
sections may subsequently be amended, concerning the limitation,
suspension, and termination of eligibility under the Federal Family
Education Loan Program.
SEC. 64. Section 69509.5 of the Education Code is amended to read:
69509.5. (a) Within five days of the commencement of any cause of
action, including an emergency action, by the commission against a
private postsecondary educational institution in connection with the
Federal Family Education Loan Program, the director of the commission
shall give notice, in writing, of the commencement of the action to
the Council for Private Postsecondary and Vocational Education.
(b) "Cause of action" and "emergency action" for the purposes of
this section, mean those actions described in Sections 30302 and
30304 of Title 5 of the California Code of Regulations, and as those
sections may subsequently be amended, concerning the limitation,
suspension, and termination of eligibility under the Federal Family
Education Loan Program.
(c) The director of the commission, or his or her designee, shall
give written notice to the Council for Private Postsecondary and
Vocational Education when, in the administration of a program review
concerning any private postsecondary or vocational educational
institution's participation in the Cal Grant Program or the Federal
Family Education Loan Program, evidence indicates that a private
postsecondary or vocational educational institution is in violation
of the standards adopted by its responsible accrediting agency or
when it is in violation of Section 94311.5, 94312, or 94320.
(d) The director of the commission may develop selection criteria
for the scheduled review of any private postsecondary or vocational
educational institution.
(e) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 64.5. Section 69509.5 is added to the Education Code, to
read:
69509.5. (a) Within five days of the commencement of any cause of
action, including an emergency action, by the commission against a
private postsecondary educational institution in connection with the
Federal Family Education Loan Program, the director of the commission
shall give notice, in writing, of the commencement of the action to
the Council for Private Postsecondary and Vocational Education.
(b) "Cause of action" and "emergency action" for the purposes of
this section, mean those actions described in Sections 30302 and
30304 of Title 5 of the California Code of Regulations, and as those
sections may subsequently be amended, concerning the limitation,
suspension, and termination of eligibility under the Federal Family
Education Loan Program.
(c) The director of the commission, or his or her designee, shall
give written notice to the Council for Private Postsecondary and
Vocational Education when, in the administration of a program review
concerning any private postsecondary educational institution's
participation in the Cal Grant Program or the Federal Family
Education Loan Program, evidence indicates that a private
postsecondary educational institution is in violation of the
standards adopted by its responsible accrediting agency or when it is
in violation of Section 94800, Sections 94811 to 94825, inclusive,
or Section 94930.
(d) The director of the commission may develop selection criteria
for the scheduled review of any private postsecondary or vocational
educational institution.
(e) This section shall become operative on January 1, 1997.
SEC. 65. Section 69534 of the Education Code is repealed.
SEC. 66. Section 69534.2 of the Education Code is repealed.
SEC. 67. Section 69534.5 of the Education Code is repealed.
SEC. 68. Section 69534.6 of the Education Code is repealed.
SEC. 69. Article 5 (commencing with Section 69580) of Chapter 2 of
Part 42 of the Education Code is repealed.
SEC. 70. Section 69613 of the Education Code is amended to read:
69613. (a) Any person enrolled in an institution of postsecondary
education participating in the loan assumption program set forth in
this article, or any person who agrees to participate in a teacher
trainee or teacher internship program, may be eligible to receive a
conditional warrant for loan assumption, to be redeemed pursuant to
Section 69613.2 upon becoming employed as a teacher. In order to be
eligible to receive a loan assumption warrant, an applicant shall
satisfy all of the conditions specified in either subdivision (b) or
(c):
(b) (1) The applicant has completed at least 60 semester units, or
the equivalent, and is enrolled in an academic program leading to a
baccalaureate degree at a participating institution, or has been
admitted to a program of professional preparation that has been
approved by the Commission on Teacher Credentialing.
(2) The applicant is currently enrolled in, or has been admitted
to a program in which he or she will be enrolled in, at least 10
semester units, or the equivalent. The applicant shall agree to
maintain not less than 10 semester units per semester, or the
equivalent, and to maintain satisfactory academic progress.
(3) The applicant has been judged by his or her postsecondary
institution to have outstanding ability on the basis of criteria that
may include, but need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) In order to meet the costs associated with obtaining a
baccalaureate degree, or a California teaching credential, the
applicant has received, or is approved to receive, a loan under one
or more of the following designated loan programs:
(A) The Federal Family Education Loan Program.
(B) Any loan program approved by the Student Aid Commission.
(5) The applicant has agreed to teach in a public school in this
state for at least three consecutive academic years after obtaining a
teaching credential.
(c) (1) The applicant holds a baccalaureate degree and agrees to
participate in a teacher trainee program or teacher internship
program, or is a person who will continue to be employed full time in
a field other than teaching while completing the necessary
coursework for a teaching credential, or is a noncredentialed
teaching paraprofessional, as described in Section 44323, who will
continue to serve as a teaching paraprofessional while completing the
necessary coursework for a California teaching credential.
(2) The applicant is enrolled in, or has been admitted to, a
participating institution and agrees to maintain satisfactory
academic progress in an academic program leading to a baccalaureate
degree or in a program of professional preparation that has been
approved by the Commission on Teacher Credentialing, and the
applicant satisfies the conditions specified in paragraphs (3), (4),
and (5) of subdivision (b).
No applicant who has completed fewer than 60 units, or the
equivalent, shall be eligible under this subdivision to participate
in the loan assumption program set forth in this article.
(d) Sixty percent of the warrants distributed each year pursuant
to subdivisions (b) and (c) at each participating institution shall
be awarded by that institution to applicants who agree to obtain a
teaching credential in subject areas that are designated as current
or projected shortage areas by the Superintendent of Public
Instruction. The warrant shall remain valid even if the subject area
ceases to be a designated shortage field by the time the applicant
becomes a teacher.
(e) The remaining 40 percent of the warrants distributed each year
pursuant to subdivisions (b) and (c) at each participating
institution shall be awarded to applicants who agree to obtain
teaching credentials in any subject area and to provide classroom
instruction in schools that serve large populations of students from
low-income families, as designated by the superintendent for purposes
of the Perkins Loan Program or otherwise. The warrant shall remain
valid even if the school ceases to be so designated during the
applicant's second or third year of teaching.
(f) A person participating in the program pursuant to this section
shall not receive more than one warrant.
(g) The Student Aid Commission shall adopt rules and regulations
regarding the reallocation of warrants where a participating
institution is unable to utilize its allocated warrants or is unable
to distribute them proportionately to subdivisions (d) and (e) within
a reasonable period of time.
SEC. 70.5. Section 69615.2 of the Education Code is amended to
read:
69615.2. The Student Aid Commission shall work in conjunction
with lenders participating in the Federal Family Education Loan
Program to develop a streamlined application process for
participation in the program set forth in this article.
SEC. 71. Article 6 (commencing with Section 69618) of Chapter 2 of
Part 42 of the Education Code is repealed.
SEC. 72. Article 6.5 (commencing with Section 69619) of Chapter 2
of Part 42 of the Education Code is repealed.
SEC. 73. Article 7 (commencing with Section 69620) of Chapter 2 of
Part 42 of the Education Code is repealed.
SEC. 73.5. Section 69634 of the Education Code is amended to read:
69634. (a) (1) After verification to an authorized school
official and the Student Aid Commission that a participant has
completed, or will complete by the end of the current semester, a
minimum of 12 credit units toward the Regular Children's Center
Instructional Permit or the Supervisory Children's Center Permit, a
conditional warrant for loan assumption shall be signed by the
participant agreeing to teach or supervise full time for two years in
a licensed children's center which serves children at least 50
percent of whose families are eligible for state or federal child
care subsidies or whose family income falls below 85 percent of the
state median income.
(2) After each year of work in a licensed children's center,
participants shall certify to the Student Aid Commission that at
least 50 percent of the families of children participating in the
program are either eligible for federal or state child care subsidies
or the families' income falls below 85 percent of the state median
income. Certification by the participant may include verification
from the center that parents of children participating in the program
receive federal or state child care subsidies or meet the income
guideline. For purposes of determining whether the 50 percent
low-income eligibility requirement is met, a licensed children's
center may utilize both the number of families receiving federal or
state child care subsidies and the number of families whose income
falls below 85 percent of the state median income. The participant's
warrant shall remain valid even if the licensed children's center
subsequently ceases to meet the 50 percent eligibility requirement.
(b) Participants shall be required to teach or supervise with the
same employer for each year of loan assumption, and employment shall
be consecutive for the two-year loan assumption program. A year of
employment may be based on either a calendar year or school year. A
participant shall submit an employment verification form after each
year of teaching or supervisory service, to be completed by an
authorized school official and to be submitted to the Student Aid
Commission before the participant is eligible for loan assumption.
Participants shall be required to provide their designated service
within three years of completing the coursework for the instructional
or supervisory permit for each consecutive year.
(c) Loans eligible for assumption include any loans under the
Federal Family Education Loan Program or any other loan program
approved by the Student Aid Commission.
(d) Participants shall demonstrate that they have received, or
have been approved to receive, loans that are eligible for
assumption.
SEC. 74. Section 69639 of the Education Code is repealed.
SEC. 75. Article 10 (commencing with Section 69700) of Chapter 2
of Part 42 of the Education Code is repealed.
SEC. 76. Article 11 (commencing with Section 69720) of Chapter 2
of Part 42 of the Education Code is repealed.
SEC. 76.3. Article 12 (commencing with Section 69740) of Chapter 2
of Part 42 of the Education Code is repealed.
SEC. 76.5. The heading of Article 13 (commencing with Section
69760) of Chapter 2 of Part 42 is amended to read:
Article 13. Federal Family Education Loan Program
SEC. 76.7. Section 69766.1 of the Education Code is repealed.
SEC. 77. Article 14 (commencing with Section 69795) of Chapter 2
of Part 42 of the Education Code is repealed.
SEC. 77.5. Section 69900 of the Education Code is amended to read:
69900. A dependent of an elected public official of a public
agency, who was intentionally killed while holding office on or after
January 1, 1975, in retaliation for or to prevent the performance of
official duties, is entitled to obtain a grant from the Student Aid
Commission, if that dependent desires to continue his or her
education beyond the secondary level in this state and is accepted
for enrollment in any postsecondary educational institution in this
state, accredited or accepted as a recognized candidate for
accreditation by the Western Association of Schools and Colleges, to
pay tuition and fees of the institution. No such award for the
period of one academic year shall, however, exceed the amount
established for the Cal Grant Program pursuant to Article 3
(commencing with Section 69530).
SEC. 77.7. Section 69908 of the Education Code is amended to read:
69908. As used in this article, the following words and terms
shall have the following meanings, unless the context clearly
indicates or requires another or different meaning or intent.
(a) "Act" means the California Student Loan Authority Act.
(b) "Authority" means the California Student Loan Authority
created by this article or any board, body, commission, department,
or officer succeeding to the principal functions thereof, or to whom
the powers conferred upon the authority by this article shall be
given by law.
(c) "Eligible educational institution" means an institution for
postsecondary education operated publicly or privately that provides
a program of education or training beyond the high school level.
(d) "Eligible lender" means:
(1) A national or state chartered bank, savings and loan
association, or a credit union that meets both of the following
criteria:
(A) Is subject to examination and supervision by an agency of the
United States or of this state.
(B) Does not have as its primary consumer credit function the
making or holding of loans made to students under this article or the
Higher Education Act of 1965.
(2) A pension fund as defined in the federal Employees Retirement
Income Security Act.
(3) An insurance company that is subject to examination and
supervision by an agency of the United States or this state.
(4) Any eligible lender under the Higher Education Act of 1965.
(e) "Higher Education Act of 1965" means the Higher Education Act
of 1965 (20 U.S.C. Sec. 1001, et seq.) and all laws amendatory
thereof or supplemental thereto.
(f) "Insured student loan" means a loan, including a line of
credit, to a student by an eligible lender, as to which the payment
of principal and interest is fully insured either by (1) the
Secretary of Education under the Higher Education Act of 1965 or (2)
the Student Aid Commission and reinsured by the Secretary of
Education to the extent permitted under the Higher Education Act of
1965.
(g) "Loan guaranty" means the certificate, document, or
endorsement issued by the Student Aid Commission as evidence of its
insurance of an insured student loan.
(h) "Student" means and includes any student eligible for a loan
under the Federal Family Education Loan Program under regulations of
the Student Aid Commission.
(i) "Student Aid Commission" means the California Student Aid
Commission or any board, body, commission, or department succeeding
to the principal functions thereof, or having the powers conferred by
Article 13 (commencing with Section 69760).
(j) "Revenue bonds" or "bonds" means and includes bonds, notes,
and other securities of the authority issued pursuant to this
article. The use of the term bonds shall include notes unless
otherwise provided.
(k)
"Secretary of Education" means the United States Secretary of
Education, or the predecessor thereof, or other person, body, or
board succeeding to the principal functions and powers of the
secretary.
SEC. 78. The heading of Part 43.5 (commencing with Section 70900)
of the Education Code is amended and renumbered to read:
PART 43. THE CALIFORNIA COMMUNITY COLLEGES
SEC. 79. Section 71000 of the Education Code is amended to read:
71000. There is in the state government a Board of Governors of
the California Community Colleges, consisting of all of the
following:
(a) Thirteen members, who are appointed by the Governor with the
advice and consent of two-thirds of the membership of the Senate. Of
the members appointed by the Governor, two shall be current or
former elected members of local community college district governing
boards. The Governor shall appoint the current or former members of
the governing board of a community college district for staggered
six-year terms.
(b) One voting student who is enrolled in a community college with
a minimum of five semester units, or its equivalent, at the time of
the appointment and throughout the period of his or her term of
appointment, or until a replacement has been named. A student member
shall be enrolled in a community college at least one semester prior
to his or her appointment and shall meet and maintain the minimum
standards of scholarship prescribed for community college students.
The student member shall be appointed by the Governor for a one-year
term commencing on June 1.
(c) Two voting tenured faculty members from a community college,
who shall be appointed by the Governor for two-year terms. The
Governor shall appoint each faculty member from a list of names of at
least three persons furnished by the Academic Senate of the
California Community Colleges. Each seat designated as a voting
tenured faculty member seat shall be filled by a tenured faculty
member from a community college pursuant to this section and Section
71003.
SEC. 80. Section 71020.5 of the Education Code is amended to read:
71020.5. (a) It is the intent of the Legislature in enacting this
section to foster the creation, implementation, and phase-in of a
comprehensive community college accountability system that describes
the performance of community colleges in meeting the postsecondary
educational needs of students. This educational and fiscal
accountability system shall provide performance data on students,
programs, and institutions.
It is further the intent of the Legislature that this
accountability system assist all participants in the community
college system, including students, faculty, staff, administrators,
local governing boards, the chancellor, the state board of governors,
the public, and other interested constituencies, in identifying the
educational and fiscal strengths and weaknesses of colleges in order
to improve educational quality in community colleges.
(b) The board of governors shall develop and implement a
comprehensive community college educational and fiscal accountability
system. In developing and implementing this system, the board of
governors shall solicit consultation from institutional and
organizational representatives of the California Community Colleges,
including statewide faculty and staff organizations. At a minimum,
the system shall do all of the following:
(1) Be consistent with the Legislature's intent as expressed in
this act, Chapter 136 of the Statutes of 1987, and Chapter 1465 of
the Statutes of 1986.
(2) Draw from, and build upon, the system proposed in the report
entitled "AB 3409 Community College Accountability Report," prepared
pursuant to Chapter 1465 of the Statutes of 1986.
(3) Be designed to promote student success in community colleges.
(4) Define and measure, quantitatively and qualitatively,
accountability information, including all of the following:
(A) Student access to community colleges.
(B) The extent to which the community college student body
reflects proportionately the adult population of the state.
(C) Student transfer rates and programs.
(D) Academic standards and student achievement.
(E) Student goal satisfaction and success in courses and programs.
(F) Completion rates of courses and programs.
(G) Occupational preparation relative to state and local work
force needs and for entry-level employment, occupational advancement,
and career changes of students.
(H) Adequacy of basic skills and English as a second language
courses and instruction in preparing students to succeed in
collegiate level work.
(I) Adequacy of, and student satisfaction with, student services.
(J) The extent to which the community college work force reflects
proportionately the adult population of the state.
(K) Fiscal conditions of community college districts.
(5) Be designed to streamline the use of multiple performance
measures from appropriate sources of data, including, but not limited
to, matriculation evaluations, categorical program evaluations, the
community college management information system, and other existing
data collection and evaluation systems.
(6) Provide feedback to individual colleges in order to improve
access to community colleges, student performance, and educational
programs where needed.
(7) Produce a published report of community college
accountability.
(c) The Legislature finds and declares that successful
implementation of a comprehensive educational and fiscal
accountability system is, in part, dependent upon an adequate data
collection and reporting system. The accountability system developed
and implemented pursuant to this section shall be phased in, to the
extent necessary, with the funding and local implementation of the
community college management information system.
SEC. 81. Section 71090.5 of the Education Code is amended to read:
71090.5. In addition to the position authorized by subdivision
(e) of Section 4 of Article VII of the California Constitution, the
Governor, with the recommendation of the board of governors, shall
appoint up to six deputy and vice chancellors, who shall be exempt
from state civil service. The appointments shall not exceed an
aggregate total of six, for both the positions of deputy and vice
chancellor.
SEC. 82. Section 72023.5 of the Education Code is amended to read:
72023.5. (a) The governing board of each community college
district shall order the inclusion within the membership of the
governing board, in addition to the number of members otherwise
prescribed, of one or more nonvoting students who are residents of
California as determined pursuant to Part 41 (commencing with Section
68000). These students shall have the right to attend each and all
meetings of the governing board, except that student members shall
not have the right, or be afforded the opportunity, to attend
executive sessions of the governing board.
The students selected to serve on the governing board, in addition
to being residents of California as determined pursuant to Part 41
(commencing with Section 68000), shall be enrolled in a community
college of the district and shall be chosen, and shall be recalled,
by the students enrolled in the community colleges of the district in
accordance with procedures prescribed by the governing board. A
student member shall be required throughout the term of his or her
appointment to be enrolled in a community college of the district for
at least five semester units, or its equivalent, and shall meet and
maintain the minimum standards of scholarship for community college
students prescribed by the community college district. The term of
the student members shall be one year commencing on June 1 of each
year.
The nonvoting student members appointed pursuant to this section
shall be entitled to mileage allowance to the same extent as regular
members, but are not entitled to the compensation prescribed by
Section 72425.
A nonvoting student member shall be seated with the members of the
governing board and shall be recognized as a full member of the
board at the meetings, including receiving all materials presented to
the board members and participating in the questioning of witnesses
and the discussion of issues.
The nonvoting student member shall not be included in determining
the vote required to carry any measure before the board.
The nonvoting student member shall not be liable for any acts of
the governing board.
(b) Notwithstanding subdivision (a), the student member or members
selected to serve on the governing board of a community college
district pursuant to subdivision (a) may do any of the following:
(1) Make and second motions at the discretion of the governing
board.
(2) Attend closed sessions, other than closed sessions on
personnel matters or collective bargaining matters, at the discretion
of the governing board.
(3) Receive compensation, at the discretion of the governing
board, up to the amount prescribed by Section 72425.
(4) Serve a term of one year commencing on May 15 of each year, at
the discretion of the governing board.
(c) It is the intent of the Legislature that any decision or
action, including any contract entered into pursuant thereto, upon
the motion or second of a motion of a student member, shall be fully
legal and enforceable against the district or any party thereto.
(d) The governing board of each community college district that
affords the student member or members of the board any of the
privileges enumerated in subdivision (b) shall, by May 15 of each
year, adopt rules and regulations implementing this section. These
rules and regulations shall be effective until May 15 of the
following year.
SEC. 83. Section 72410 of the Education Code is repealed.
SEC. 84. Section 72411.5 of the Education Code is amended to read:
72411.5. In the absence of an express appointment or contract as
provided in Section 72411, every administrator shall serve in his or
her administrative assignment at the pleasure of the governing
board. The dismissal of, and imposition of penalties for cause on,
an administrator employed by appointment or contract pursuant to
Section 72411 shall, if the administrator does not have tenure as a
faculty member, be in accordance with the terms of the appointment or
contract of employment. If the administrator has tenure as a
faculty member, the dismissal of, and imposition of penalties for
cause on, the administrator shall be in accordance with the
provisions applicable to faculty members.
SEC. 85. Section 72425 of the Education Code is amended to read:
72425. (a) (1) In any community college district that is not
located in a city and county, and in which the full-time equivalent
student (FTES) for the prior college year exceeded 60,000, the
governing board may prescribe, as compensation for the services of
each member of the board who actually attends all meetings held by
the board, a sum not to exceed one thousand five hundred dollars
($1,500) in any month.
(2) In any community college district in which the FTES for the
prior college year was 60,000 or less, but more than 25,000, each
member of the governing board of the district who actually attends
all meetings held by the board, may receive as compensation, for his
or her services, a sum not to exceed seven hundred fifty dollars
($750) in any month.
(3) In any community college district in which the FTES for the
prior college year was 25,000 or less, but more than 10,000, each
member of the governing board of the district who actually attends
all meetings held by the board may receive as compensation, for his
or her services, a sum not to exceed four hundred dollars ($400) in
any month.
(4) In any community college district in which the FTES for the
prior college year was 10,000 or less, but more than 1,000, each
member of the governing board of the district who actually attends
all meetings held by the board may receive, as compensation for his
or her services, a sum not to exceed two hundred forty dollars ($240)
in any month.
(5) In any community college district in which the FTES for the
prior college year was 1,000 or less, but more than 150, each member
of the governing board of the district who actually attends all
meetings held by the board may receive, as compensation for his or
her services, a sum not to exceed one hundred twenty dollars ($120)
in any month.
Any member of a governing board who does not attend all meetings
held by the board in any month may receive, as compensation for his
or her services, an amount not greater than a pro rata share of the
number of meetings actually attended based upon the maximum
compensation authorized by this subdivision.
(b) The compensation of members of the governing board of a
community college district newly organized or reorganized shall be
governed by subdivision (a). For this purpose, the total FTES in all
of the community colleges of the district in the college year in
which the organization or reorganization became effective shall be
deemed to be the FTES in the district for the prior college year.
(c) A member may be paid for any meeting when absent if the board,
by resolution duly adopted and included in its minutes, finds that
at the time of the meeting he or she is performing services outside
the meeting for the community college district. The compensation
shall be a charge against the funds of the district.
(d) A member may be paid in any calendar year for the first two
meetings from which he or she is absent if the board, by resolution
duly adopted and included in its minutes, finds that, at the time of
the meeting from which the member is absent, he or she is ill. A
member may not receive compensation for any meeting from which he or
she is absent in excess of the first two meetings missed, except as
specified in subdivision (c).
SEC. 86. Section 72620 of the Education Code is amended to read:
72620. The governing board of a community college district may
provide in each college within the district an organized and
functioning counseling program. Counseling shall include, but not be
limited to, all of the following:
(a) Educational counseling in which the student is assisted in
planning and implementing his or her immediate and long-range
educational program.
(b) Career counseling in which the student is assisted in
assessing his or her aptitudes, abilities, and interests in order to
make realistic career decisions. The career counseling shall include
encouraging students, including women and minorities, to seek
apprenticeship training.
(c) Personal counseling in which the student is helped to develop
his or her ability to function with social and personal
responsibility.
(d) Evaluating and interpreting test data.
(e) Counseling and consultation with parents and staff members on
learning problems and guidance programs for students.
For purposes of this section, a person performing counseling
services to students shall be qualified as a counselor pursuant to
Section 87355 or 87356.
A governing board of a community college district, which offers
these counseling services, may contract with the governing boards of
any other districts, or private schools, or other public and private
agencies or organizations, to render the counseling services. In so
contracting, the governing board of a community college district
shall not contract at less than cost to a private school, or private
agency or organization.
Nothing in this section shall be construed as prohibiting persons
participating in an organized advisory program approved by the
governing board of a community college district, and supervised by a
district counselor, from advising students pursuant to the organized
advisory program.
Notwithstanding any provisions of this section to the contrary,
any person who is performing these counseling services pursuant to
law authorizing the performance thereof in effect before March 4,
1972, shall be authorized to continue to perform such services on and
after March 4, 1972, without compliance with the additional
requirements imposed by this section.
SEC. 87. Section 74270 of the Education Code is amended to read:
74270. (a) The reorganization of any district or districts shall
not affect the classification of academic employees already employed
by any district affected. Those employees shall have the same status
with respect to their classification by the district, including time
served as probationary employees of the district, after the
reorganization as they had prior to it. If the reorganization
results in the college or other place in which any of these employees
is employed being maintained by another district, the employee, if a
permanent employee of the district that formerly maintained the
college or other place of employment, shall be employed as a
permanent employee of the district which thereafter maintains the
college or other place of employment, unless the employee elects
prior to February 1 of the year in which the action will become
effective for all purposes to continue in the employ of the first
district.
If the employee is a probationary employee of the district that
formerly maintained the college or other place of employment, he or
she shall be employed by the district which thereafter maintains the
college or other place of employment, unless the probationary
employee is terminated by the district pursuant to Section 87610.1 or
87740, and, if not so terminated, his or her status with respect to
classification by that district shall be the same as it would have
been had the college or other place of employment been continued to
be maintained by the district which formerly maintained it. As used
in this section, "the college or other place in which any of these
employees is employed" and all references thereto, includes, but is
not limited to, the services or program that, as a result of any
reorganization of a district, will be provided by another district,
regardless of whether any particular building or buildings in which
that service or program was conducted is physically located in the
new district and regardless of whether any new district resulting
from the reorganization elects to provide for the education of its
students by contracting with another district until the time as the
district constructs its own facilities.
(b) The reorganization of any district, or districts, shall not
affect the rights of persons employed in classified positions to
retain the salary, leaves, and other benefits which they would have
received if the reorganization had not occurred and in the manner
provided in this section:
(1) All employees of every district that is included in any other
district shall become employees of the new district.
(2) When a portion of the territory of any district becomes part
of another district, employees regularly assigned to perform their
duties in the territory affected shall become employees of the
acquiring district. Employees whose assignments pertained to the
affected territory, but whose employment situs was not in the
territory, may elect to remain with the original district or become
employees of the acquiring district.
(3) When the territory of any district is divided between, or
among, two or more districts and the original district ceases to
exist, employees of the original district regularly assigned to
perform their duties in any specific territory of the district shall
become employees of the district acquiring the territory. Employees
not assigned to specific territory within the original district shall
become employees of any acquiring district at the election of the
employees.
(4) Employees regularly assigned by the original district to any
college in the district shall be employees of the district in which
the college is located. Except as provided in this section, nothing
in this section shall deprive the governing board of the acquiring
district from making reasonable reassignments of duties.
SEC. 88. Section 76000 of the Education Code is amended to read:
76000. The governing board of a community college district shall
admit to the community college any California resident, and may admit
any nonresident, possessing a high school diploma or the equivalent
thereof.
The governing board may admit to the community college any
apprentice, as defined in Section 3077 of the Labor Code, who, in the
judgment of the governing board, is capable of profiting from the
instruction offered.
The governing board may by rule determine whether there shall be
admitted to the community college any other person who is over 18
years of age and who, in the judgment of the board, is capable of
profiting from the instruction offered. If the governing board
determines to admit other persons, those persons shall be admitted as
provisional students and thereafter shall be required to comply with
the rules and regulations prescribed by the board of governors
pertaining to the scholastic achievement and other standards to be
met by provisional or probationary students, as a condition to being
readmitted in any succeeding semester. This paragraph shall not
apply to persons in attendance in special classes and programs
established for adults pursuant to Section 78401 or to any persons
attending on a part-time basis only.
SEC. 89. Section 76140 of the Education Code is amended to read:
76140. (a) A community college district may admit and shall
charge a tuition fee to nonresident students. The district may
exempt from all or parts of the fee any person described in paragraph
(1) or (2):
(1) All nonresidents who enroll for six or fewer units.
Exemptions made pursuant to this paragraph shall not be made on an
individual basis.
(2) Any nonresident who is both a citizen and resident of a
foreign country, if the nonresident has demonstrated a financial
need for the exemption. Not more than 10 percent of the nonresident
foreign students attending any community college district may be so
exempted. Exemptions made pursuant to this paragraph may be made on
an individual basis.
(b) A district may contract with a state, a county contiguous to
California, the federal government, or a foreign country, or an
agency thereof, for payment of all or a part of a nonresident student'
s tuition fee.
(c) Nonresident students shall not be reported as full-time
equivalent students (FTES) for state apportionment purposes, except
as provided by subdivision (k) or another statute, in which case a
nonresident tuition fee may not be charged.
(d) The nonresident tuition fee shall be set by the governing
board of each community college district not later than February 1 of
each year for the succeeding fiscal year. The governing board of
each community college district shall provide nonresident students
with notice of nonresident tuition fee changes during the spring term
before the fall term in which the change will take effect.
Nonresident tuition fee increases shall be gradual, moderate, and
predictable. The fee may be paid in installments, as determined by
the governing board of the district.
(e) The fee established by the governing board pursuant to
subdivision (d) shall represent for nonresident students enrolled in
30 semester units or 45 quarter units of credit per fiscal year (1)
the amount that was expended by the district for the expense of
education as defined by the California Community College Budget and
Accounting Manual in the preceding fiscal year increased by the
projected percent increase in the United States Consumer Price Index
as determined by the Department of Finance for the current fiscal
year and succeeding fiscal year and divided by the FTES (including
nonresident students) attending in the district in the preceding
fiscal year, (2) the expense of education in the preceding fiscal
year of all districts increased by the projected percent increase in
the United States Consumer Price Index as determined by the
Department of Finance for the fiscal year and succeeding fiscal year
and divided by the FTES (including nonresident students) attending
all districts during the preceding fiscal year, (3) an amount not to
exceed the fee established by the governing board of any contiguous
district, or (4) an amount not to exceed the amount that was expended
by the district for the expense of education, but in no case less
than the statewide average as set forth in paragraph (2). However,
if for the district's preceding fiscal year FTES of all students
attending in the district in noncredit courses is equal to, or
greater than, 10 percent of the district's total FTES attending in
the district, the district, in calculating the amount in paragraph
(1), may substitute, instead, the data for expense of education in
grades 13 and 14 and FTES in grades 13 and 14 attending in the
district.
(f) The governing board of each community college district also
shall adopt a tuition fee per unit of credit for nonresident students
enrolled in more or less than 15 units of credit per term by
dividing the fee determined in subdivision (e) by 30 for colleges
operating on the semester system and 45 for colleges operating on the
quarter system and rounding to the nearest whole dollar. The same
rate shall be uniformly charged nonresident students attending any
terms or sessions maintained by the community college. The rate
charged shall be the rate established for the fiscal year in which
the term or session ends.
(g) In adopting a tuition fee for nonresident students, the
governing board of each community college district shall consider
nonresident tuition fees of public community colleges in other
states.
(h) Any loss in district revenue generated by the nonresident
tuition fee shall not be offset by additional state funding.
(i) Any district that has fewer than 1,500 FTES and whose boundary
is within 10 miles of another state that has a reciprocity agreement
with California governing student attendance and fees may exempt
students from that state from the mandatory fee requirement described
in subdivision (a) for nonresident students.
(j) Any district that has more than 1,500, but less than 3,001,
FTES and whose boundary is within 10 miles of another state that has
a reciprocity agreement with California governing student attendance
and fees may, in any one fiscal year, exempt up to 100 FTES from that
state from the mandatory fee requirement described in subdivision
(a) for nonresident students.
(k) The attendance of nonresident students who
are exempted pursuant to subdivision (i) or (j) from the mandatory
fee requirement described in subdivision (a) for nonresident students
may be reported as resident FTES for state apportionment purposes.
Any nonresident student reported as resident FTES for state
apportionment purposes pursuant to subdivision (i) or (j) shall pay a
fee of forty-two dollars ($42) per course unit. That fee is to be
included in the FTES adjustments described in Section 76330 for
purposes of computing apportionments.
SEC. 90. Section 76210 of the Education Code is amended to read:
76210. As used in this chapter, the following definitions shall
apply:
(a) (1) "Student record" means any item of information directly
related to an identifiable student, other than directory information,
which is maintained by a community college or required to be
maintained by any employee in the performance of his or her duties,
whether recorded by handwriting, print, tapes, film, microfilm or
other means.
(2) "Student record" does not include (A) confidential letters
and statements of recommendations maintained by a community college
on or before January 1, 1975, if these letters or statements are not
used for purposes other than those for which they were specifically
intended, (B) information provided by a student's parents relating
to applications for financial aid or scholarships, or (C) information
related to a student compiled by a community college officer or
employee that remains in the sole possession of the maker and is not
accessible or revealed to any other person except a substitute. For
purposes of this paragraph, "substitute" means a person who
performs, on a temporary basis, the duties of the individual who made
the notes and does not refer to a person who permanently succeeds
the maker of the notes in his or her position.
(3) "Student record" also does not include information related to
a student created or maintained by a physician, psychiatrist,
psychologist, or other recognized professional or paraprofessional
acting in his or her professional or paraprofessional capacity, or
assisting in that capacity, and that is created, maintained, or used
only in connection with the provision of treatment to the student and
is not available to anyone other than persons providing that
treatment. However, that record may be personally reviewed by a
physician or other appropriate professional of the student's choice.
(4) "Student record" does not include information maintained by a
community college law enforcement unit, if the personnel of the unit
do not have access to student records pursuant to Section 76243, the
information maintained by the unit is kept apart from information
maintained pursuant to subdivision (a), the information is maintained
solely for law enforcement purposes, and the information is not made
available to persons other than law enforcement officials of the
same jurisdiction. "Student record" does not include information
maintained in the normal course of business pertaining to persons who
are employed by a community college, if the information relates
exclusively to the person in that person's capacity as an employee
and is not available for use for any other purpose.
(b) "Directory information" means one or more of the following
items: a student's name, address, telephone number, date and place of
birth, major field of study, participation in officially recognized
activities and sports, weight and height of members of athletic
teams, dates of attendance, degrees and awards received, the most
recent previous public or private school attended by the student, and
any other information authorized in writing by the student.
(c) "Access" means a personal inspection and review of a record or
an accurate copy of a record, or an oral description or
communication of a record or an accurate copy of a record, and a
request to release a copy of any record.
SEC. 91. Section 76225 of the Education Code is amended to read:
76225. Whenever a student transfers from one community college or
public or private institution of postsecondary education to another
within the state, appropriate records or a copy thereof shall be
transferred by the former community college, or college or university
upon a request from the student. However, the community college,
college, or university from which the student is transferring may
notify the student that the student's records will be transferred
upon payment by the student of all fees and charges due the community
college, college, or university. Any community college, college, or
university making a transfer of these records shall notify the
student of his or her right to receive a copy of the record and his
or her right to a hearing to challenge the content of the record.
The board of governors may adopt rules and regulations concerning
transfer of these records to, from, or between colleges under its
jurisdiction.
SEC. 92. Section 76231 of the Education Code is amended to read:
76231. A student may waive his or her right to access to student
records devoted solely to confidential recommendations for career
placement, postsecondary admission, or the receipt of an honor or
honorary recognition. However, the recommendations shall be used
solely for the purpose for which they were specifically intended, and
the student shall be notified, upon request, of the names of all
persons making confidential recommendations. A waiver may not be
required as a condition for admission to, receipt of financial aid
from, or receipt of any other services or benefits from a community
college.
SEC. 93. Section 76232 of the Education Code is amended to read:
76232. (a) Any student may file a written request with the chief
administrative officer of a community college district to correct or
remove information recorded in his or her student records which the
student alleges to be: (1) inaccurate; (2) an unsubstantiated
personal conclusion or inference; (3) a conclusion or inference
outside of the observer's area of competence; or (4) not based on the
personal observation of a named person with the time and place of
the observation noted.
(b) Within 30 days of receipt of the request, the chief
administrative officer, or his or her designee, shall meet with the
student and the employee who recorded the information in question, if
any, if the employee is presently employed by the community college
district. The chief administrative officer or his or her designee
shall then sustain or deny the allegations.
If the chief administrative officer, or his or her designee,
sustains any or all of the allegations, he or she shall order the
correction or removal and destruction of the information.
If the chief administrative officer, or his or her designee,
denies any or all of the allegations and refuses to order the
correction or removal of the information, the student, within 30 days
of the refusal, may appeal the decision in writing to the governing
board of the community college district.
(c) Within 30 days of receipt of an appeal, the governing board
shall, in closed session with the student and the employee who
recorded the information in question, if any, and if that employee is
presently employed by the community college district, determine
whether to sustain or deny the allegations.
If the governing board sustains any or all of the allegations, it
shall order the chief administrative officer, or his or her designee,
to immediately correct or remove and destroy the information.
The decision of the governing board shall be final.
Records of these administrative proceedings shall be maintained in
a confidential manner and shall be destroyed one year after the
decision of the governing board unless the student initiates legal
proceedings relative to the disputed information within the
prescribed period.
(d) If the final decision of the governing board is unfavorable to
the student or if the student accepts an unfavorable decision by the
chief administrative officer, the student shall have the right to
submit a written statement of his or her objections to the
information. This statement shall become a part of the student's
record until the information objected to is corrected or removed.
SEC. 94. Section 76240 of the Education Code is amended to read:
76240. Community college districts shall adopt a policy
identifying those categories of directory information as defined in
subdivision (b) of Section 76210 which may be released. The names
and addresses of students may be provided to a private school or
college operating under Sections 8080 to 8093, inclusive, Sections
33190 and 33191, Sections 60670 to 60672, inclusive, or Sections
94000 to 94409, inclusive, or its authorized representative. However,
no private school or college shall use this information for other
than purposes directly related to the academic or professional goals
of the institution; any violation of this provision is a misdemeanor,
punishable by a fine of not to exceed two thousand five hundred
dollars ($2,500), and, in addition, the privilege of the school or
college to receive this information shall be suspended for a period
of two years from the time of discovery of the misuse of the
information.
Any community college district may limit or deny the release of
specific categories of directory information based upon a
determination of the best interests of students.
Directory information may be released according to local policy as
to any former student or any student currently attending the
community college. However, public notice shall be given at least
annually of the categories of information which the district plans to
release and of the recipients. No directory information shall be
released regarding any student or former student when the student or
former student has notified the institution that the information
shall not be released.
SEC. 95. Section 76245 of the Education Code is amended to read:
76245. The service of a subpoena upon a community college
employee solely for the purpose of causing the employee to produce a
school record pertaining to any student may be complied with by that
employee, in lieu of personal appearance as a witness in the
proceeding, by submitting to the court, or other agency issuing the
subpoena, at the time and place required by the subpoena, a copy of
the record, accompanied by an affidavit certifying that the copy is a
true copy of the original record on file in the community college or
community college office. The copy of the record shall be in the
form of a photostat, microfilm, microcard, or miniature photograph or
other photographic copy or reproduction, or an enlargement thereof.
SEC. 96. Section 76320 of the Education Code is repealed.
SEC. 97. Section 76330 of the Education Code is amended to read:
76330. (a) The governing board of each community college district
shall charge a fee of fifty dollars ($50) per semester unit, or the
quarter unit equivalent, to each student who previously has been
awarded a baccalaureate or graduate degree from any public
postsecondary educational institution or any private postsecondary
educational institution approved to operate by the Council for
Private Postsecondary and Vocational Education, accredited by an
agency recognized by the United States Department of Education, or
operated pursuant to Section 94702. Any student charged a fee
pursuant to this section shall be exempt from the fees required
pursuant to Section 76300.
(b) The governing board shall exempt from subdivision (a), and
charge the fees specified in Section 76300 to, a student who is any
of the following:
(1) A dislocated worker, as certified by a state agency in
accordance with Subchapter III of the federal Job Training
Partnership Act (29 U.S.C. Sec. 1651 et seq.).
(2) A displaced homemaker, as defined in accordance with the
Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et
seq.).
(3) A recipient of benefits under the Aid to Families with
Dependent Children program, the Supplemental Security Income/State
Supplementary Program, or a general assistance program.
(4) An enrollee in a course offered pursuant to a contract between
the community college and a public or private entity if (A) the
contract provides for the payment by the public or private entity of
all costs associated with the course and (B) full-time equivalent
student enrollment in the course is not counted for the purpose of
determining district or statewide apportionment.
(5) A student who demonstrates financial need in excess of the
amount of the total fee payable pursuant to subdivision (a) in
accordance with the methodology set forth in federal law or
regulation for determining the expected family contribution of
students seeking financial aid.
(6) A student who demonstrates eligibility according to income
standards established by the board of governors and contained in
Section 58620 of Title 5 of the California Code of Regulations.
(c) Nonresident students who pay nonresident tuition shall be
exempt from subdivision (a).
(d) The governing board of a community college district may
require each student not required to pay the fee charged pursuant to
subdivision (a) to file a written oath or affirmation, at the time of
enrollment, that he or she either does not have a baccalaureate
degree or higher degree or is eligible for an exemption.
(e) It is the intent of the Legislature that governing boards
conduct selective audits of any oath or affirmation filed by students
pursuant to subdivision (d). If any audit conducted under this
subdivision results in a finding by the community college district
that a student owes additional fees pursuant to this section, the
district may require the student to pay the additional fees, plus an
amount not to exceed two times the additional fees.
(f) For purposes of computing apportionments to community college
districts pursuant to Section 84750, the chancellor shall subtract
from the total revenue owed to each district, 98 percent of the
revenues received by each district from charging a fee pursuant to
this section.
(g) The chancellor shall reduce apportionments by up to 10 percent
to any district that does not collect the fees prescribed by this
section.
(h) It is the further intent of the Legislature that students who
previously have not been awarded a baccalaureate or graduate degree
be given priority for enrollment.
(i) Notwithstanding subdivision (c) of Section 84750, decreases in
the 1992-93 fiscal year in credit full-time equivalent students
(FTES) resulting from the implementation of this section shall not
result in any reduction in revenue for the 1993-94 fiscal year.
Decreases in FTES in the 1992-93 fiscal year shall result in a
revenue reduction over the three-year period beginning with the
1994-95 fiscal year, except that community college districts shall be
entitled to restore any reductions in apportionment revenue if there
is a subsequent increase in FTES. For purposes of this paragraph,
any revenue loss associated with decreases in FTES shall be
distributed on a district-by-district basis. District revenue loss
shall not be distributed on a statewide average basis.
(j) This section shall remain in effect only until January 1,
1996, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1996, deletes or extends
that date.
SEC. 98. Section 76330.1 of the Education Code is amended to read:
76330.1. (a) The governing board of a community college district
shall exempt from subdivision (a) of Section 76330, and charge the
fees specified in Section 76300 to, any student who is employed by,
or who is a volunteer of, a public agency that provides police, fire
protection, corrections, probation, emergency medical services, or
emergency medical dispatch services, for any course taken for the
purpose of fulfilling a state-mandated training requirement in the
curriculum identified and approved by the Commission on Peace Officer
Standards and Training, the Board of Corrections, the Board of Fire
Services, the Emergency Medical Services Authority, or the Board of
Corrections, if the course cannot be made available by the district
at no charge on a noncredit basis.
(b) This section shall remain in effect only until January 1,
1996, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1996, deletes or extends
that date.
SEC. 99. Section 76355 of the Education Code is amended to read:
76355. (a) The governing board of a district maintaining a
community college may require community college students to pay a fee
in the total amount of not more than ten dollars ($10) for each
semester, seven dollars ($7) for summer school, seven dollars ($7)
for each intersession of at least four weeks, or seven dollars ($7)
for each quarter for health supervision and services, including
direct or indirect medical and hospitalization services, or the
operation of a student health center or centers, or both.
The governing board of each community college district may
increase this fee by the same percentage increase as the Implicit
Price Deflator for State and Local Government Purchase of Goods and
Services. Whenever that calculation produces an increase of one
dollar ($1) above the existing fee, the fee may be increased by one
dollar ($1).
(b) If, pursuant to this section, a fee is required, the governing
board of the district shall decide the amount of the fee, if any,
that a part-time student is required to pay. The governing board may
decide whether the fee shall be mandatory or optional.
(c) The governing board of a district maintaining a community
college shall adopt rules and regulations that exempt the following
students from any fee required pursuant to subdivision (a):
(1) Students who depend exclusively upon prayer for healing in
accordance with the teachings of a bona fide religious sect,
denomination, or organization.
(2) Students who are attending a community college under an
approved apprenticeship training program.
(3) Low-income students, including students who demonstrate
financial need in accordance with the methodology set forth in
federal law or regulation for determining the expected family
contribution of students seeking financial aid and students who
demonstrate eligibility according to income standards established by
the board of governors and contained in Section 58620 of Title 5 of
the California Code of Regulations.
(d) All fees collected pursuant to this section shall be deposited
in the fund of the district designated by the California Community
Colleges Budget and Accounting Manual. These fees shall be expended
only to provide health services as specified in regulations adopted
by the board of governors.
Authorized expenditures shall not include, among other things,
athletic trainers' salaries, athletic insurance, medical supplies for
athletics, physical examinations for intercollegiate athletics,
ambulance services, the salaries of health professionals for athletic
events, any deductible portion of accident claims filed for athletic
team members, or any other expense that is not available to all
students. No student shall be denied a service supported by student
health fees on account of participation in athletic programs.
(e) Any community college district that provided health services
in the 1986-87 fiscal year shall maintain health services, at the
level provided during the 1986-87 fiscal year, and each fiscal year
thereafter. If the cost to maintain that level of service exceeds
the limits specified in subdivision (a), the excess cost shall be
borne by the district.
(f) A district that begins charging a health fee may use funds for
startup costs from other district funds and may recover all or part
of those funds from health fees collected within the first five years
following the commencement of charging the fee.
(g) The board of governors shall adopt regulations that generally
describe the types of health services included in the health service
program.
SEC. 100. Section 76370 of the Education Code is amended to read:
76370. The governing board of a community college district may
authorize a person to audit a community college course and may charge
that person a fee pursuant to this section.
(a) If a fee for auditing is charged, it shall not exceed fifteen
dollars ($15) per unit per semester.
The governing board shall proportionately adjust the amount of the
fee for term lengths based upon a quarter system or other
alternative system approved pursuant to regulations of the board of
governors, and shall also proportionately adjust the amount of the
fee for summer sessions, intersessions, and other short-term courses.
In making these adjustments, the governing board may round the per
unit fee and the per term or per session fee to the nearest dollar.
(b) Students enrolled in classes to receive credit for 10 or more
semester credit units shall not be charged a fee to audit three or
fewer semester units per semester.
(c) No student auditing a course shall be permitted to change his
or her enrollment in that course to receive credit for the course.
(d) Priority in class enrollment shall be given to students
desiring to take the course for credit towards a degree or
certificate.
(e) Classroom attendance of students auditing a course shall not
be included in computing the apportionment due a community college
district.
SEC. 101. Section 76380 of the Education Code is amended to read:
76380. (a) An adult enrolled in a noncredit course shall not be
required by the governing board of the district maintaining the class
to pay nonresident tuition or any fee or charge of any kind for a
class in English and citizenship for foreigners, a class in an
elementary subject, a class designated by the governing board as a
class for which high school credit is granted when the class is taken
by a person who does not hold a high school diploma, or any class
offered by a community college district pursuant to Section 8531,
8532, 8533, or 8534.
(b) The full-time equivalent student of adults in classes
described in subdivision (a) shall be computed as prescribed by
regulations of the board of governors.
SEC. 102. Section 76391 of the Education Code is amended to read:
76391. Notwithstanding Section 76360, the governing board of the
Santa Monica Community College District or the Glendale Community
College District, or both, may require payment of a parking fee at a
campus in excess of the limits set forth in subdivision (a) of
Section 76360 for the purpose of funding the construction of oncampus
parking facilities if both of the following conditions exist at the
campus:
(a) The full-time equivalent students (FTES) per parking space on
the campus exceeds the statewide average FTES per parking space on
community college campuses.
(b) The market price per square foot of land adjacent to the
campus exceeds the statewide average market price per square foot of
land adjacent to community college campuses.
If the governing board requires payment of a parking fee in excess
of the limits set forth in subdivision (a) of Section 76360, the fee
may not exceed the actual cost of constructing oncampus parking
facilities or sixty dollars ($60) per semester, whichever is less.
Students who receive financial assistance pursuant to any of the
programs described in subdivision (g) of Section 76300 shall be
exempt from parking fees imposed pursuant to this section that exceed
twenty dollars ($20) per semester.
SEC. 103. Section 76392 of the Education Code is repealed.
SEC. 104. Section 78015 of the Education Code is amended to read:
78015. (a) The governing board of a community college district,
prior to establishing a vocational or occupational training program,
shall conduct a job market study of the labor market area, as those
terms are defined in Section 52301.5, in which it proposes to
establish the program. The study shall use the State-Local
Cooperative Labor Market Information Program established in Section
10533 of the Unemployment Insurance Code, or if this program is not
available in the labor market area, other available sources of labor
market information. The study shall include a California
Occupational Information System supply analysis of existing
vocational and occupational education or training programs for adults
maintained by high schools, community colleges, and private
postsecondary schools in the area to ensure that the anticipated
employment demand for students in the proposed programs justifies the
establishment of the proposed courses of instruction.
(b) Subsequent to completing the study required by this section
and prior to establishing the program, the governing board of the
community college district shall determine whether or not the study
justifies the proposed vocational education program.
(c) If the governing board of the community college district
determines that the job market study justifies the initiation of the
proposed program, it shall determine, by resolution, whether the
program shall be offered through the district's own facilities or
through a contract with an approved private postsecondary school
pursuant to Section 8092.
SEC. 105. Section 78217 of the Education Code is amended to read:
78217. On or before March 15 of each year, the board of governors
shall provide a progress report to the Legislature on the
implementation of this article. The board of governors may require
participating districts or colleges to provide data for the
completion of these reports.
SEC. 106. Article 2.5 (commencing with Section 78230) of Chapter 2
of Part 48 of the Education Code is repealed.
SEC. 107. Section 78310 of the Education Code is repealed.
SEC. 108. Section 79121 of the Education Code is amended to read:
79121. (a) Notwithstanding any other provision of law, a child
under two years of age whose parent is a student, or whose parents
are students, may attend child development centers consistent with
the priorities established pursuant to law.
(b) Children of students attending school at a particular campus
shall have first priority for attendance at a child development
center at that campus.
(c) Student families, as described in Section 8263, shall pay fees
according to the fee schedule established by the Superintendent of
Public Instruction pursuant to subdivision (f) of that
section.
(d) Highest priority shall be given to student families with the
greatest income deficit, and lowest priority to student families with
the greatest income.
(e) For the purposes of assigning eligibility priority, applicant
student families shall be grouped according to the amount of their
income in one-hundred-dollar ($100) monthly increments. All student
families within a particular income range shall be treated as if
their incomes were the same, and priority for eligibility within each
particular income range shall be assigned on the following basis:
(1) Single-parent student families.
(2) Two-parent families, where both parents are students or where
one parent is a student and the other is working.
(f) Student families who are recipients of public assistance shall
be subject to the same assignment of priority as other student
families whose incomes fall in the same income range.
SEC. 109. Section 81033 of the Education Code is amended to read:
81033. (a) The governing board of a community college district,
prior to acquiring any site on which it proposes to construct any
school building as defined in Section 81130.5, shall have the site,
or sites, under consideration investigated by competent personnel to
ensure that the final site selection is determined by an evaluation
of all factors affecting the public interest and is not limited to
selection on the basis of raw land cost only. If the prospective
college site is located within the boundaries of any special studies
zone or within an area designated as geologically hazardous in the
safety element of the local general plan as provided in subdivision
(g) of Section 65302 of the Government Code, the investigation shall
include any geological and soil engineering studies by competent
personnel needed to provide an assessment of the nature of the site
and potential for earthquake or other geological hazard damage.
The geological and soil engineering studies of the site shall be
of a nature that will preclude siting of a college in any location
where the geological and site characteristics are such that the
construction effort required to make the school building safe for
occupancy is economically unfeasible. No studies are required to be
made if the site or sites under consideration have been the subject
of adequate prior studies. The evaluation also shall include
location of the site with respect to population, transportation,
water supply, waste disposal facilities, utilities, traffic hazards,
surface drainage conditions, and other factors affecting the
operating costs, as well as the initial costs, of the total project.
For the purposes of this article, a special studies zone is an
area that is identified as a special studies zone on any map, or
maps, compiled by the State Geologist pursuant to Chapter 7.5
(commencing with Section 2621) of Division 2 of the Public Resources
Code. A copy of the report of each investigation conducted pursuant
to this section shall be submitted to the board of governors.
(b) Geological and soil engineering studies as described in
subdivision (a) shall be made, within the boundaries of any special
studies zone, for the construction of any school building as defined
in Section 81130.5 or, if the estimated cost exceeds twenty thousand
dollars ($20,000), for the reconstruction or alteration of or
addition to that building for work which alters structural elements.
The Department of General Services may require similar geological
and soil engineering studies for the construction or alteration of
any building on a site located outside of the boundaries of any
special studies zone. These studies need not be made if the site
under consideration has been the subject of adequate prior studies.
No school building shall be constructed, reconstructed, or
relocated on the trace of a geological fault along which surface
rupture can reasonably be expected to occur within the life of the
school building.
A copy of the report of each investigation conducted pursuant to
this section shall be submitted to the Department of General Services
pursuant to Article 7 (commencing with Section 81130) and to the
chancellor's office of the California Community Colleges. The cost
of geological and soil engineering studies and investigations
conducted pursuant to this section may be treated as a capital
expenditure.
(c) To promote the safety of students, comprehensive community
planning, and greater educational usefulness of community college
sites, the governing board of each community college district, if the
proposed site is within two miles, measured by air line, of that
point on an airport runway, or runway proposed by an airport master
plan, which is nearest the site and excluding them if the property is
not so located, before acquiring title to property for a new
community college site or for an addition to a present site, shall
give the board of governors notice in writing of the proposed
acquisition and shall submit any information required by the board of
governors.
Immediately after receiving notice of the proposed acquisition of
property which is within two miles, measured by air line, of that
point on an airport runway, or runway proposed by an airport master
plan, which is nearest the site, the board of governors shall notify
the Division of Aeronautics of the Department of Transportation, in
writing, of the proposed acquisition. The Division of Aeronautics
shall make an investigation and report to the board of governors
within 30 working days after receipt of the notice. If the Division
of Aeronautics is no longer in operation, the board of governors, in
lieu of notifying the Division of Aeronautics, shall notify the
Federal Aviation Administration or any other appropriate agency, in
writing, of the proposed acquisition for the purpose of obtaining
from the authority or other agency any information or assistance it
may desire to give.
The board of governors shall investigate the proposed site and,
within 35 working days after receipt of the notice, shall submit to
the governing board a written report and its recommendations
concerning acquisition of the site. The governing board shall not
acquire title to the property until the report of the board of
governors has been received. If the report does not favor the
acquisition of the property for a community college site or an
addition to a present community college site, the governing board
shall not acquire title to the property until 30 days after the
department's report is received and until the board of governors'
report has been read at a public hearing duly called after 10 days'
notice published once in a newspaper of general circulation within
the community college district, or if there is no such newspaper,
then in a newspaper of general circulation within the county in which
the property is located.
(d) If, with respect to a proposed site located within two miles
of an operative airport runway, the report of the board of governors
submitted to a community college district governing board under
subdivision (c) does not favor the acquisition of the site on the
sole or partial basis of the unfavorable recommendation of the
Division of Aeronautics of the Department of Transportation, no state
agency or officer shall grant, apportion, or allow to that community
college district for expenditure in connection with that site, any
state funds otherwise made available under any state law whatever for
community college site acquisition or college building construction,
or for expansion of existing sites and buildings, and no funds of
the community college district or of the county in which the district
lies shall be expended for those purposes. However, this section
shall not be applicable to sites acquired prior to January 1, 1966,
or to any additions or extensions to those sites.
If the recommendation of the Division of Aeronautics is
unfavorable, the recommendation shall not be overruled without the
express approval of the board of governors and the State Allocation
Board.
(e) No action undertaken by the board of governors or by any other
state agency or by any political subdivision pursuant to this
chapter, or in compliance with this chapter, shall be construed to
affect any rights arising under Section 19 of Article I of the
California Constitution.
SEC. 110. Section 81130.5 of the Education Code is amended to
read:
81130.5. (a) This article does not apply to an offsite building
during the time the building is used wholly or in part for community
college purposes, if the building is neither owned by a community
college district nor leased by a community college district under a
lease containing an option to purchase that building. For the
purposes of this section, an "offsite building" is a building that is
situated on land which is neither owned by a community college
district nor leased by a community college district under a lease
containing an option to purchase the land.
(b) "School building," as used in this article, means and includes
any building used, or designed to be used, for community college
purposes and constructed, reconstructed, altered, or added to, by the
state or by any city or city and county, by any political
subdivision, by any district of any kind within the state, by any
regional occupational center or program created by or authorized to
act by an agreement under joint exercise of power, or by the United
States government, or any agency thereof.
(c) Where the primary use of either a building or complex within
which the building is situated, operated by an official or board of a
city, city and county, or county, is for purposes other than
educational, such as, but not limited to, correctional, forestry, or
hospital purposes, the building shall not be considered to be a
"school building" as defined in this section, notwithstanding any
educational use thereof incidental to the primary purpose.
(d) For the purposes of this article and Article 8 (commencing
with Section 81160), "school building" does not include any of the
following:
(1) Any building of a community college district that is used
solely for classes or programs in outdoor science, conservation, and
forestry and that does not occupy, in whole or in part, the same
parcel of land upon which there is situated any school maintained by
the district.
(2) Agricultural facilities that were not built for classroom
purposes and that are used primarily for plant and animal production
or the storage of materials, equipment, and supplies involved in that
production.
(3) Animal kennels and facilities used to house animals as part of
an animal health instruction program.
(e) "Construction or alteration," as used in this article,
includes any construction, reconstruction, or alteration of, or
addition to, any school building.
SEC. 111. Section 81141 of the Education Code is amended to read:
81141. From time to time, as the work of construction or
alteration progresses and whenever the Department of General Services
requires, the licensed architect or structural engineer in charge of
observation of construction or registered engineer in charge of
observation of other work, the inspector on the work, and the
contractor shall each make to the Department of General Services a
report, duly verified by him or her, upon a form prescribed by the
Department of General Services, based upon his or her own personal
knowledge, indicating that the work during the period covered by the
report has been performed and materials have been used and installed,
in every material respect, in compliance with the approved plans and
specifications, setting forth detailed statements of fact that are
required by the Department of General Services.
"Personal knowledge," as used in this section and as applied to
the architect and the registered engineer, means the personal
knowledge that is obtained from periodic visits to the project site
of reasonable frequency for the purpose of general observation of the
work, and also that is obtained from the reporting of others as to
the progress of the work, testing of materials, inspection and
superintendence of the work that is performed between the
above-mentioned periodic visits of the architect or the registered
engineer. The exercise of reasonable diligence to obtain the facts
is required.
"Personal knowledge," as applied to the inspector, means the
actual personal knowledge that is obtained from his or her personal,
continuous inspection of the work of construction in all stages of
its progress at the site where he or she is responsible for
inspection and, when work is carried out away from the site, personal
knowledge that is obtained from the reporting of others on the
testing or inspection of materials and workmanship for compliance
with plans, specifications, or applicable standards. The exercise of
reasonable diligence to obtain the facts is required.
"Personal knowledge," as applied to the contractor, means the
personal knowledge that is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts
is required.
SEC. 112. Section 81162 of the Education Code is amended to read:
81162. Whenever an examination of the structural condition of
any school building of a community college district has been made by
the Department of General Services, by any licensed structural
engineer or licensed architect for the governing board of the
district, or under the authorization of law, and a report of the
examination, including the findings and recommendations of the agency
or person making the examination, has been made to the governing
board of the district, and the report shows that the building is
unsafe for use, the governing board of the district immediately shall
have prepared an estimate of the cost necessary to make repairs to
the building or buildings that are necessary, or, if necessary, to
reconstruct or replace the building so that the building when
repaired or reconstructed, or any building erected to replace it,
shall meet those standards of structural safety that are established
in accordance with law. The estimate shall be based on current costs
and may include other costs to reflect modern educational needs.
Also, an estimate of the cost of replacement based on the standards
established by the State Allocation Board for area per student and
cost per square foot shall be made and reported.
The report required by this section shall include a statement that
each of the buildings examined is safe or unsafe for school use.
For the purpose of this statement, the sole consideration shall be
protection of life and the prevention of personal injury at a level
of safety equivalent to that established by Article 7 (commencing
with Section 81130) of this chapter and the rules and regulations
adopted thereunder, disregarding, insofar as possible, building
damage not jeopardizing life that would be expected from one
disturbance of nature of the intensity used for design purposes in
those rules and regulations.
The governing board, utilizing the information acquired from the
examination and report developed pursuant to this section, shall
establish a system of priorities for the repair, reconstruction, or
replacement of unsafe school buildings.
SEC. 113. Section 81177 of the Education Code is amended to read:
81177. (a) No member of the governing board of a community
college district shall be held personally liable for injury to
persons or damage to property resulting from the fact that a school
building was not constructed under the requirements of Article 7
(commencing with Section 81130), if the governing board complies with
this article.
A licensed structural engineer or licensed architect, employed by
a governing board to examine any school building under this article,
shall not be held personally liable for injury to persons or damage
to property as a result of the structural inadequacy and failure of a
building, if he or she has exercised normal professional diligence
in carrying out his or her functions under Article 7 (commencing with
Section 81130) and this article.
(b) Except as provided in subdivision (a), nothing in this article
shall be construed as relieving any member of the governing board of
a community college district of any liability for injury to persons
or damage to property imposed by law.
SEC. 114. Section 81314 of the Education Code is amended to read:
81314. A petition protesting against the proposed dedication or
conveyance signed by at least 10 percent of the qualified electors of
the district, as shown by the affidavit of one of the petitioners,
may be filed with the governing board at the meeting held at the time
and place fixed in the resolution. If a protest is filed, the
governing board, before taking any further action on the proposed
dedication or conveyance, shall submit the question of whether the
proposed dedication or conveyance should be made, to the board of
governors whose decision is final. If the board of governors
approves the proposed dedication or conveyance, the governing board
may proceed with the dedication or conveyance. If the board of
governors does not approve the proposed dedication or conveyance, no
further proceedings shall be had thereon.
SEC. 115. Section 81345 of the Education Code is amended to read:
81345. As an alternative to obtaining sealed proposals as
required by Sections 81336 and 81344, the governing board, in a
public meeting, may adopt a resolution declaring its intention to
enter into a lease or agreement pursuant to this article with a
nonprofit corporation organized under Part 2 (commencing with Section
5110) of, or Part 3 (commencing with Section 7110) of, Division 2 of
Title 1 of the Corporations Code, if the articles of incorporation
or bylaws of the nonprofit corporation provide: (1) that no person
shall be eligible to serve as a member or director of the corporation
except a person initially approved by resolution of the governing
board of the community college district, and (2) that no part of the
net earnings of the corporation shall inure to the benefit of any
member, private shareholder, individual, person, firm or corporation
excepting only the district. The resolution shall describe, in a
manner that identifies it, the available site upon which the building
to be used by the district shall be constructed, shall generally
describe the building to be constructed and state that the building
shall be constructed pursuant to the plans and specifications adopted
by the governing board therefor, shall, if such is the case, state
the minimum yearly rental at which the governing board will lease
real property belonging to the district upon which the building is to
be constructed, and shall state the maximum number of years for
which the community college district will lease the building, or
building and site, as the case may be.
Any building constructed by a nonprofit corporation pursuant to a
lease or agreement entered into pursuant to this section shall be
constructed under a contract awarded to the lowest responsible bidder
pursuant to Sections 20671 to 20675, inclusive, of the Public
Contract Code. Section 81350 of this code shall apply to this
contract.
SEC. 116. Section 81348 of the Education Code is amended to read:
81348. Any building constructed for the use of a community
college district pursuant to this article is subject to Sections
81130 to 81144, inclusive.
SEC. 117. Section 81401 of the Education Code is amended to read:
81401. Any building constructed for the use of a community
college district pursuant to this article is subject to Sections
81130 to 81144, inclusive, and all other provisions of this code
relating to the physical structure of school buildings.
SEC. 118. Section 81530 of the Education Code is amended to read:
81530. The governing board of a community college district may do
all of the following:
(a) Lease buildings and other facilities, such as administrative
offices, warehouses, athletic facilities, outdoor assembly
facilities, auditoriums, quarters for adult education, transportation
facilities, and communication facilities, for a period of not to
exceed 12 years.
(b) Lease property from the federal government, the state, or any
county, city and county, city, or district for the purpose of
constructing school buildings and facilities thereon.
(c) Except as otherwise provided, any building leased for a total
time in excess of three years, or under a lease-purchase agreement,
shall be deemed the construction or alteration of a school building,
as those terms are used in Article 7 (commencing with Section 81130).
A building or facility used by a community college district under a
lease or a lease-purchase agreement into which neither students nor
teachers are required to enter and which would be excluded from the
meaning of "school building" in Section 81160 shall not be considered
to be a "school building" within the meaning of Section 81130.5.
SEC. 119. Section 81551 of the Education Code is amended to read:
81551. Before a lease or lease-purchase agreement may be entered
into, the lessee shall comply with all applicable provisions for bids
and contracts prescribed by Article 3 (commencing with Section
81641) of Chapter 3 and by Section 20651 of the Public Contract Code.
Each contract shall show the total price for an outright purchase
of any item and also its total cost for the entire specified term of
the contract.
SEC. 120. Section 81661 of the Education Code is amended to read:
81661. In determining the lowest responsible bidder for an energy
management system pursuant to Section 20651 of the Public Contract
Code, the governing board of any community college district shall
consider the net cost or savings of each system. For the purposes of
this section, "net cost or savings" means the cost of the system to
the district, if any, less the projected energy savings to be
realized from the energy management system. The governing board may
require an independent evaluation of the projected energy savings.
SEC. 121. Section 81821 of the Education Code is amended to read:
81821. The five-year plan for capital construction shall set out
the estimated capital construction needs of the district with
reference to elements including at least all of the following:
(a) The plans of the district concerning its future academic and
student services programs, and the effect on estimated construction
needs which may arise because of particular courses of instruction or
subject matter areas or student services to be emphasized.
(b) The enrollment projections for each district formulated by the
Department of Finance, expressed in terms of weekly student contact
hours. The enrollment projections for each individual college and
educational center within a district shall be made cooperatively by
the Department of Finance and the community college district.
(c) The current enrollment capacity of the district expressed in
terms of weekly student contact hours and based upon the space and
utilization standards for community college classrooms and
laboratories adopted by the board of governors in consultation with
the California Postsecondary Education Commission and consistent with
its standards.
(d) District office, library, and supporting facility capacities
as derived from the physical plant standards for office, library, and
supporting facilities adopted by the board of governors in
consultation with the California Postsecondary Education Commission
and consistent with its standards.
(e) An annual inventory of all facilities and land of the district
using standard definitions, forms, and instructions adopted by the
board of governors.
(f) An estimate of district funds which shall be made available
for capital outlay matching purposes pursuant to regulations adopted
by the board of governors.
SEC. 122. Section 84362 of the Education Code is amended to read:
84362. (a) As used in this section, "salaries of classroom
instructors" means:
(1) The salary paid to each instructor employed by the district
whose duties require that the full time for which the instructor is
employed be devoted to the instruction of students of the district.
(2) The portion of the salary of each instructor whose duties
require that a part, but not all, of the full time for which the
instructor is employed be devoted to the instruction of students of
the district, which is equal to the portion of the full time actually
devoted by the instructor to teaching students of the district.
(3) The salary paid to each instructional aide employed by the
district, any portion of whose duties are required to be performed
under the supervision of an instructor. However, the cost of all
health and welfare benefits provided to the instructors by the
community college district shall be included within the meaning of
"salaries of classroom instructors."
(b) (1) As used in this section, an "instructor" means an employee
of the district employed in a position requiring minimum
qualifications and whose duties require him or her to teach students
of the district for at least one full instructional period each
schoolday for which the employee is employed. An instructional
period is the number of minutes equal to the number of minutes of the
regular academic period in the community college in which the
instructor is employed.
(2) As used in this section, "administrator" means any employee in
a position having significant responsibilities for formulating
district policies or administering district programs; and "supervisor"
means any employee having authority, on behalf of the district, to
hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, discipline other employees, adjust their grievances, or
effectively recommend that action, if the exercise of the authority
is not of a merely routine or clerical nature.
(c) "Current expense of education" means the gross total expended
(not reduced by estimated income or estimated federal and state
apportionments) for the purposes classified in the final budget of a
district (except one which, during the preceding fiscal year, had
less than 101 units of full-time equivalent student) for academic
salaries other than academic salaries for student transportation,
food services, and community services; classified salaries other than
classified salaries for student transportation, food services, and
community services; employee benefits other than employee benefits
for student transportation
personnel, food services personnel, and community services personnel;
books, supplies, and equipment replacement other than for student
transportation and food services; and community services, contracted
services, and other operating expenses other than for student
transportation, food services, and community services. "Current
expense of education," for purposes of this section, shall not
include those expenditures classified as sites, buildings, books, and
media and new equipment (object of expenditure 6000 of the
Accounting Manual for California Community Colleges), the amount
expended from categorical aid received from the federal or state
government which funds were granted for expenditures in a program not
incurring any instructor salary expenditures or requiring
disbursement of the funds without regard to the requirements of this
section, or expenditures for facility acquisition and construction;
and shall not include the amount expended pursuant to any lease
agreement for plant and equipment or the amount expended from funds
received from the federal government pursuant to the "Economic
Opportunity Act of 1964" or any extension of that act of Congress or
the amount expended by a community college from state or federal
funds received by the community college for grants to community
college students or for the employment of community college students.
(d) There shall be expended during each fiscal year for payment of
salaries of classroom instructors by a community college district,
50 percent of the district's current expense of education.
(e) If the board of governors determines that a district has not
expended the applicable percentage of current expense of education
for the payment of salaries of classroom instructors during the
preceding fiscal year, the board shall, in apportionments made to the
district from the State School Fund after April 15 of the current
fiscal year, designate an amount of the apportionment or
apportionments equal to the apparent deficiency in district
expenditures. Any amount so designated by the board of governors
shall be deposited in the county treasury to the credit of the
community college district, but shall be unavailable for expenditure
by the district pending the determination to be made by the board of
governors on any application for exemption which may be submitted to
the board of governors. In the event it appears to the governing
board of a community college district that the application of the
preceding subdivisions during a fiscal year results in serious
hardship to the district, or in the payment of salaries of classroom
instructors in excess of the salaries of classroom instructors paid
by other districts of comparable type and functioning under
comparable conditions, the governing board may apply to the board of
governors, in writing, not later than September 15th of the
immediately succeeding fiscal year for exemption from the
requirements of this section.
(f) Immediately upon applying for the exemption described in
subdivision (e), the governing board shall provide the exclusive
representative of the district's academic employees or, if none
exists, the district or college academic senate, and all academic
employee organizations eligible for payroll dues deduction, with a
copy of the application. The exclusive representative, or the
district or college academic senate, and all academic employee
organizations eligible for payroll dues deduction, within 30 days of
its receipt of the application, may transmit to the board of
governors a written statement opposing the application, setting forth
reasons for its opposition.
(g) Upon receipt of the application described in subdivision (f),
duly approved, and of the statement of opposition, if any, the board
of governors shall grant the district exemption for any amount that
is less than one thousand dollars ($1,000). If the amount is one
thousand dollars ($1,000) or more, the board of governors may grant
the district exemption from the requirement for the fiscal year for
which the application is made if a majority of all the members of the
board of governors finds, in writing, that the district will in fact
suffer serious hardship or will have to pay salaries of classroom
instructors in excess of those paid by other districts of comparable
type and functioning under comparable conditions unless the district
is granted an exemption. If the exemption is granted, the designated
moneys shall be immediately available for expenditure by the
community college district governing board. If no application for
exemption is made or exemption is denied, the board of governors
shall order the designated amount or amount not exempted to be added
to the amounts to be expended for salaries of classroom instructors
during the next fiscal year.
(h) The board of governors shall enforce the requirements
prescribed by this section, and may adopt necessary rules and
regulations to that end. It may require the submission during the
college year, by community college district governing boards and
county superintendents of schools, of the reports and information as
may be necessary to carry out this section.
(i) The board of governors, no later than the 10th calendar day of
each year of the Legislature, shall submit to the Legislature a
written report on the operation, effect, and the extent of compliance
with this section by community college districts in the state during
the two most recently ended fiscal years. The report shall describe
the activities of the board of governors and the chancellor's
office, undertaken to ensure compliance with this section, and may
contain recommendations for legislation pertaining to that subject.
SEC. 123. Section 84501 of the Education Code is amended to read:
84501. Commencing with the 1991-92 fiscal year, the term
"community college average daily attendance" (ADA) means full-time
equivalent student (FTES) as that term is defined by regulations
adopted by the Board of Governors of the California Community
Colleges.
SEC. 124. Section 84751 of the Education Code is amended to read:
84751. In calculating each community college district's revenue
level for each fiscal year pursuant to subdivision (a) of Section
84750, the chancellor shall subtract, from the total revenues owed,
all of the following:
(a) The local property tax revenue specified by law for general
operating support, exclusive of bond interest and redemption.
(b) Ninety-eight percent of the fee revenues collected pursuant to
Sections 76300 and 76330.
(c) Timber yield tax revenue received pursuant to Section 38905.1
of the Revenue and Taxation Code.
(d) Any amounts received pursuant to Section 33492.15, 33607.5, or
33607.7 of the Health and Safety Code, and Section 33676 of the
Health and Safety Code as amended by Section 2 of Chapter 1368 of the
Statutes of 1990, that are considered to be from property tax
revenues pursuant to those sections for the purposes of community
college revenue levels, except those amounts that are allocated
exclusively for educational facilities.
SEC. 125. Section 84756 is added to the Education Code, to read:
84756. It is the intent of the Legislature that community college
districts with noncredit programs recognize the importance of
noncredit programs and that they will continue to support these
offerings.
It is also the intent of the Legislature that community college
districts with noncredit programs consider the need for both credit
and noncredit allocations in allocating future growth pursuant to
board of governors regulations.
SEC. 126. Section 84757 is added to the Education Code, to read:
84757. (a) For purposes of this chapter, the following noncredit
courses and classes shall be eligible for funding:
(1) Parenting, including parent cooperative preschools, classes in
child growth and development and parent-child relationships.
(2) Elementary and secondary basic skills and other courses and
classes such as remedial academic courses or classes in reading,
mathematics, and language arts.
(3) English as a second language.
(4) Classes and courses for immigrants eligible for educational
services in citizenship, English as a second language, and work force
preparation classes in the basic skills of speaking, listening,
reading, writing, mathematics, decisionmaking and problem solving
skills, and other classes required for preparation to participate in
job-specific technical training.
(5) Education programs for persons with substantial disabilities.
(6) Short-term vocational programs with high employment potential.
(7) Education programs for older adults.
(8) Education programs for home economics.
(9) Health and safety education.
(b) No state apportionment shall be made for any course or class
that is not set forth in subdivision (a) and for which no credit is
given.
SEC. 127. Section 84758 is added to the Education Code, to read:
84758. Not later than May 15 of each year, the Department of
Finance shall notify the Legislature and the Chancellor's Office of
the California Community Colleges of the amount of revenue estimated
to be available to community college districts during the next fiscal
year from local property taxes, exclusive of bond interest and
redemption, and timber taxes received. Not later than March 15 of
each year, the chancellor's office shall certify to the Department of
Finance the amount of revenue available from these tax sources for
the current fiscal year. The Department of Finance shall subtract
the total amount of available revenue certified by the chancellor's
office from the total amount of available revenue estimated by the
department the preceding May. The Department of Finance shall notify
the Legislature of the resulting difference and shall advise the
Legislature as to whether the difference represents a net surplus or
a net deficit in the funds appropriated to meet the requirements of
Section 84750.
SEC. 128. Section 84810.5 of the Education Code is amended to
read:
84810.5. (a) Notwithstanding open course provisions in statute or
regulations of the board of governors, the governing board of a
community college district that provides classes for inmates of any
city, county, or city and county jail, road camp, farm for adults, or
federal correctional facility may include the units of full-time
equivalent student (FTES) generated in those classes for purposes of
state apportionment. The attendance hours generated by credit or
noncredit shall be added and counted for apportionment purposes as
noncredit attendance hours.
(b) Notwithstanding any other provision of law, no funds for
inmate education programs provided pursuant to this section shall be
considered as part of the base revenues for community college
districts in computing apportionments as prescribed in regulations of
the board of governors. When computing apportionments for
districts that provided inmate education programs in the 1994-95
fiscal year, the student workload measures generated and revenues
received for that year shall be added to their noncredit base revenue
and noncredit base workload measures for the following year.
SEC. 129. Section 84820 of the Education Code is amended to read:
84820. Any lottery revenue allocated to a public education
entity pursuant to Section 8880.5 of the Government Code shall not be
reduced by more than one-half of 1 percent per year when that
reduction is the direct result of any entity changing its method of
computing workload units.
SEC. 130. Section 85223 of the Education Code is amended to read:
85223. Upon the request of the board of governors, the auditor
and treasurer of a county or city and county shall make a temporary
transfer from any funds of the county or city and county not
immediately needed to pay claims against them to the general fund of
the newly organized community college district for the purpose of
meeting the current expense of the district until the district
receives its first state apportionments or district tax funds. Upon
making the transfer, the auditor shall immediately notify the
superintendent of schools of the county or the city and county of the
amount transferred.
The funds transferred under this section to the general fund of a
newly organized district shall be retransferred by the auditor and
the treasurer to the fund from which they were taken from the first
moneys accruing to the district after it becomes effective for all
purposes and before any other obligation of the district is paid from
the money accruing.
SEC. 131. Section 85233 of the Education Code is amended to read:
85233. The governing board of each community college district
shall be responsible for filing, or causing to be filed, with the
county superintendent of schools the verified signature of each
person, including members of the governing board, authorized to sign
orders in its name. Except for districts determined to be fiscally
accountable pursuant to Section 85266 and districts determined to be
fiscally independent pursuant to Section 85266.5, no order on the
funds of any district shall be approved by the county superintendent
of schools unless the signatures are on file in the superintendent's
office and he or she is satisfied that the signatures on the order
are those of persons authorized to sign the order.
SEC. 132. Section 85267 of the Education Code is amended to read:
85267. Article 3 (commencing with Section 29850) of Chapter 5 of
Division 3 of Title 3 of the Government Code shall be applicable to
any community college district authorized to issue warrants pursuant
to Section 85266 or 85266.5; except that whenever any reference is
made in that Article 3 (commencing with Section 29850) to (1) the
county auditor, or (2) the general fund of the county, that reference
shall be deemed, for purposes of this section, to be to (1) the
person authorized by the community college district governing board
to issue warrants pursuant to Section 85266 or 85266.5, and (2) the
general fund of the community college district, respectively.
SEC. 133. Section 87008 of the Education Code is amended to read:
87008. (a) Except as provided in subdivision (b), a termination
of probation and dismissal of an accusation or information pursuant
to Section 1203.4 of the Penal Code shall not, for the purpose of
this division, have any effect.
(b) Notwithstanding any other provision of this code, no person
shall be denied a hearing solely on the basis that he or she has been
convicted of a crime if the person has obtained a certificate of
rehabilitation under Section 4852.01 and following of the Penal Code,
and if his or her probation has been terminated and the information
or accusation has been dismissed pursuant to Section 1203.4 of the
Penal Code.
SEC. 134. Section 87012 of the Education Code is repealed.
SEC. 135. Section 87017 of the Education Code is amended to read:
87017. Notwithstanding any provision of law to the contrary, a
community college district, from funds under its jurisdiction, may
pay the surviving spouse of any employee who is murdered while in the
course of his or her employment the amount that the deceased would
have received if he or she had lived to complete the time remaining
in his or her contract with the district.
SEC. 136. Section 87018 of the Education Code is repealed.
SEC. 137. Chapter 2 (commencing with Section 87203) of Part 51 of
the Education Code is repealed.
SEC. 138. Section 87411 of the Education Code is amended to read:
87411. If, without good cause, a regular employee of a community
college district fails prior to July 1st of any college year to
notify the governing board of the district of his or her intention to
remain or not to remain in the service of the district, as the case
may be, during the ensuing college year if a request to give that
notice, including a copy of this section, was personally served upon
the employee, or mailed to him or her by United States certified
mail with return receipt requested to his or her last known place of
address, by the clerk or secretary of the governing board of the
community college district, not later than the preceding May 30th,
the employee may be deemed to have declined employment and his or her
services as an employee of the district may be terminated on June
30th of that year.
SEC. 139. Section 87413 of the Education Code is amended to read:
87413. Except as otherwise provided in Sections 87415 to 87424,
inclusive, every contract or regular employee employed before July 1,
1947, shall be deemed to have been employed on the date upon which
he or she first accepted employment in a probationary position.
In case two or more employees accepted employment on the same
date, the governing board of the district shall determine the order
of employment by lots drawn by the employees concerned or assigned at
random by an independent auditing firm employed in accordance with
Section 87414.
SEC. 140. Section 87414 of the Education Code is amended to read:
87414. Every contract or regular employee employed after June 30,
1947, shall be deemed to have been employed on the date upon which
he or she first rendered paid service in a probationary or contract
position.
Every academic employee who first rendered paid service on the
same date shall participate in a single drawing to determine the
order of employment, except that in community college districts
having a full-time equivalent student in excess of 15,000, an
independent auditing firm may be employed to assign to those
employees numbers at random which shall determine the order of
employment. Any determination of an employee's order of employment
pursuant to this section shall be made within 30 days of the date
service was first rendered by the employee.
SEC. 141. Section 87418 of the Education Code is amended to read:
87418. Nothing in Section 72400, Part 13 (commencing with Section
22000), Article 5 (commencing with Section 32340) of Chapter 3 of
Part 19, of Division 1 of Title 1 and this part, shall be construed
in a manner to deprive any person of his or her rights and remedies
in a court of competent jurisdiction on a question of law and fact.
SEC. 142. Section 87419 of the Education Code is amended to read:
87419. Nothing in Section 72400, Part 13 (commencing with Section
22000), Article 5 (commencing with Section 32340) of Chapter 3 of
Part 19, of Division 1 of Title 1 and this part, shall be construed
to repeal or negate any provisions concerning employees of community
college districts contained in the charter of any city, county, or
city and county, adopted and approved in conformity with Article XI
of the California Constitution.
SEC. 143. Section 87420 of the Education Code is amended to read:
87420. All employments made under Sections 87405 to 87451,
inclusive, Sections 87454 to 87462, inclusive, Section 87464,
Sections 87468 to 87480, inclusive, or Sections 87600 to 87626,
inclusive, shall be subordinate to the right of the Legislature to
amend or repeal Sections 87405 to 87451, inclusive, Sections 87454 to
87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive,
Sections 87600 to 87626 inclusive, or any provision or provisions
thereof at any time, and nothing herein contained shall be construed
to confer upon any person employed pursuant to the provisions hereof
a contract that will be impaired by the amendment or repeal of
Sections 87405 to 87451, inclusive, Sections 87454 to 87462,
inclusive, Section 87464, Sections 87468 to 87480, inclusive, and
Sections 87600 to 87626, inclusive, or of any provision or provisions
thereof.
SEC. 144. Section 87423 of the Education Code is amended to read:
87423. Acceptance of any exchange position by an employee of a
community college district in the state shall not affect his or her
right to the permanent classification to which he or she is entitled,
at the time of the acceptance, or any of his or her rights under the
state teachers' retirement salary provisions of this code, or under
any local or district retirement plan, or system. The time served in
the exchange position shall be counted as time served in the service
of the district in which the employee is employed immediately prior
to acceptance of the exchange position in determining his or her
status under Section 72400, Part 13 (commencing with Section 22000),
Article 5 (commencing with Section 32340) of Chapter 3 of Part 19,
this part, under the provisions of this code relating to state
retirement salary, and under any local or district retirement plan.
SEC. 145. Section 87448 of the Education Code is amended to read:
87448. (a) No physician, psychiatrist, oculist, dentist, dental
hygienist, optometrist, otologist, podiatrist, audiologist, or nurse
not employed in that capacity by the State Department of Public
Health, shall be, nor shall any other person be, employed or
permitted to supervise the health and physical development of
students unless he or she holds a services credential with a
specialization in health or a valid credential issued prior to
November 27, 1970, or unless he or she meets applicable minimum
qualifications established by the board of governors.
(b) Any psychologist employed pursuant to this section shall hold
a school psychologist credential, a general pupil personnel services
credential authorizing service as a school psychologist, a standard
designated services credential with a specialization in pupil
personnel services authorizing service as a psychologist, a services
credential issued by the board of governors or the Commission for
Teacher Preparation and Licensing, or meet applicable minimum
qualifications established by the board of governors.
(c) No authorization for service as a school nurse shall
authorize teaching services unless the individual is qualified for
faculty service pursuant to minimum qualifications established by the
board of governors.
(d) A physician employed by a district to perform medical
services on a halftime or greater than halftime basis shall hold a
valid certificate to practice medicine and surgery issued by the
State Board of Medical Examiners or the Board of Osteopathic
Examiners. The qualifications for a physician employed for less than
halftime shall be a valid certificate to practice medicine and
surgery issued by the State Board of Medical Examiners.
SEC. 146. Section 87451 of the Education Code is amended to read:
87451. Nothing in Section 87468 shall be construed to give
regular classification to a person in the adult school who is already
classified as a regular employee in the day school. In case an
instructor obtains permanent classification in the evening school and
later is eligible for the same classification in the day school by
reason of having served the contract period therein, he or she shall
be given a choice as to which classification he or she shall take.
Notwithstanding any other provision to the contrary, service in
the evening school shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a regular employee in the day school, except
service in the evening school rendered by a person rendering services
in the day school who is directed or specifically requested by the
community college district to render services in the evening school
either in addition to, or instead of, rendering service in the day
school. Service in the day school shall not be included in computing
the service required as a prerequisite to attainment of, or
eligibility to, classification as a regular employee in the evening
school, except service in the day school rendered by a person
rendering services in the evening school who is directed or
specifically requested by the community college district to render
service in the day school either in addition to, or instead of,
rendering service in the evening school.
SEC. 147. Section 87453 of the Education Code is amended to read:
87453. No regular employee of a community college district shall
be dismissed without his or her consent or deprived of his or her
classification as a regular employee of the district when the
district does not have sufficient funds to pay his salary.
SEC. 148. Section 87460 of the Education Code is amended to read:
87460. A person employed in an administrative or supervisory
position by more than one district shall be given regular
classification in whichever district he or she may select for the
regular classification. Other regular classification shall be given
to such an employee in a district situated wholly or partly within a
city or city and county where the charter of the city or city and
county provides for other classification. This section shall apply
only to persons whose first day of paid service in the district
without a break in service precedes July 1, 1990.
SEC. 149. Section 87461 of the Education Code is repealed.
SEC. 150. Section 87464 of the Education Code is amended to read:
87464. The division, uniting, unification, or consolidation of
any community college district or districts, or any change in
district boundaries or organization, shall not affect the
classification of academic employees already employed by any district
affected. These employees shall have the same status with respect
to their classification by the district, including time served as
contract employees of the district after the division, uniting,
unification, or consolidation, or change in district boundaries or
organization as they had prior thereto. If the division, uniting,
unification, or consolidation, or change in district boundaries or
organization results in the college or other place in which any
the such employee is employed being
maintained by another district, the employee, if a regular employee
of the district that formerly maintained the college or other place
of employment, shall be employed as a regular employee of the
district which thereafter maintains the college or other place of
employment, unless the employee elects to continue in the employ of
the first district. If the employee is a contract employee of the
district that formerly maintained the college or other place of
employment, he or she shall be employed by the district which
thereafter maintains the college or other place of employment, unless
the contract employee is terminated by the district pursuant to
Article 2 (commencing with Section 87600). If not so terminated, his
or her status with respect to classification by
the district shall be the same as it
would have been had the college or other place of employment
continued to be maintained by the district that formerly maintained
it. As used in this paragraph, "the college or other place in which
any employee is employed" and all references thereto, includes, but
is not limited to, the college services or college program which, as
a result of any division, uniting, unification, or consolidation of a
district, will be provided by another district, irrespective of
whether any particular building or buildings in which the service or
program was conducted is physically located in the new district and
irrespective of whether any new district resulting from the division
elects to provide for the education of its students by contracting
with another community college district until the time that the new
district constructs its own facilities.
As used in this section, "any change in district boundaries or
organization" includes, but is not limited to, the formation of a
community college district.
SEC. 151. Section 87468 of the Education Code is amended to read:
87468. A contract employee who, in any one college year, has
served for at least 75 percent of the number of days the regular
schools of the district in which he or she is employed are maintained
shall be deemed to have served a complete college year. In case of
evening schools, 75 percent of the number of days the evening schools
of the district are in session shall be deemed a complete college
year.
SEC. 152. Section 87469 of the Education Code is amended to read:
87469. Notwithstanding Section 87468, a contract employee
employed by a community college district who, in any college year
consisting of two semesters or three quarters, has served more than
75 percent of the number of hours considered as a full-time
assignment for regular employees having similar duties in the
community colleges of the district in which he or she is employed,
shall be deemed to have served a complete college year.
SEC. 153. Section 87470 of the Education Code is amended to read:
87470. The governing board of any community college district may
employ faculty in programs and projects to perform services conducted
under contract with public or private agencies, or other
categorically funded projects of indeterminate duration under terms
and conditions mutually agreed upon by the employee and the governing
board. The agreement shall be reduced to writing. Service pursuant
to this section shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a regular employee of a community college district
unless (1) the person has served pursuant to this section for at
least 75 percent of the number of days in regular schools of the
district by which he or she is employed are maintained, and (2) the
person is subsequently employed as a contract employee in a faculty
position. These persons may be employed for periods that are less
than a full college year and may be terminated at the expiration of
the contract or specially funded project without regard to other
requirements of this code respecting the termination of contract or
regular employees.
This section shall not be construed to apply to any faculty member
who has been employed in the regular educational programs of the
district as a contract employee before being subsequently assigned to
any one of these programs nor shall it apply to those employees
employed in programs operated pursuant to, or funded pursuant to,
Article 8 (commencing with Section 69640) of Chapter 2 of Part 42, or
Section 84850.
SEC. 154. Section 87483 of the Education Code is amended to read:
87483. Notwithstanding any other provision, the governing board
of a community college district may establish regulations that allow
academic employees to reduce their workload from full-time to
part-time duties. The regulations shall include, but shall not be
limited to, the following if the employees wish to reduce their
workload and maintain retirement benefits pursuant to Section 22713
of this code or Section 20815 of the Government Code:
(a) The employee shall have reached the age of 55 prior to
reduction in workload.
(b) The employee shall have been employed full time in an academic
position or a position requiring certification qualifications, or
both, for at least 10 years of which the immediately preceding five
years were full-time employment.
(c) During the period immediately preceding a request for a
reduction in workload, the employee shall have been employed full
time in an academic position or a position requiring certification
qualifications, or both, for a total of at least five years without a
break in service. For purposes of this subdivision, sabbaticals and
other approved leaves of absence shall not constitute a break in
service. Time spent on a sabbatical or other approved leave of
absence shall not be used in computing the five-year full-time
service requirement prescribed by this subdivision.
(d) The option of part-time employment shall be exercised at the
request of the employee and can be revoked only with the mutual
consent of the employer and the employee.
(e) The employee shall be paid a salary which is the pro rata
share of the salary he or she would be earning had he or she not
elected to exercise the option of part-time employment but shall
retain all other rights and benefits for which he or she makes the
payments that would be required if he or she remained in full-time
employment.
The employee shall receive health benefits as provided in Section
53201 of the Government Code in the same manner as a full-time
employee.
(f) The minimum part-time employment shall be the equivalent of
one-half of the number of days of service required by the employee's
contract of employment during his or her final year of service in a
full-time position.
(g) The period of this part-time employment shall not exceed five
years for employees subject to Section 20815 of the Government Code
or 10 years for employees subject to Section 22713 of this code.
(h) The period of part-time employment of employees subject to
Section 20815 of the Government Code shall not extend beyond the end
of the college year during which the employee reaches his or her 70th
birthday. This subdivision shall not apply to any employee subject
to Section 22713 of this code.
SEC. 155. Section 87487 of the Education Code is amended to read:
87487. (a) The governing board of any community college district
may establish a faculty internship program pursuant to regulations
adopted by the board of governors and may employ, as faculty interns
within the program, graduate students enrolled in the California
State University, the University of California, or any other
accredited institution of higher education, or, in vocational and
technical fields where a master's degree is not generally expected or
available, persons who are within one year of meeting the regular
faculty minimum qualifications. Persons who meet the regular faculty
minimum qualifications, but who lack teaching experience, may also be
included in internship programs authorized by this section to the
extent authorized by the board of governors.
(b) A student employed as a faculty intern shall be employed as a
temporary faculty member under Section 87482.5 and shall meet the
minimum qualifications for faculty interns set by the board of
governors. The board of governors shall adopt regulations to
implement faculty intern programs, including requirements for
mentoring of each intern.
SEC. 156. Section 87603 of the Education Code is amended to read:
87603. This article does not apply to the employment of
administrators employed by appointment or contract pursuant to
Section 72411.
SEC. 157. Section 87604 of the Education Code is amended to read:
87604. The governing board of a community college district shall
employ each academic employee as a contract employee, regular
employee, or temporary employee.
SEC. 158. Section 87622 of the Education Code is amended to read:
87622. The employment, rights, responsibilities, dismissal,
imposition of penalties for persons employed by a community college
district in faculty positions shall be governed by Article 2
(commencing with Section 87600), and Article 4 (commencing with
Section 87660). The employment of faculty by a community college
district shall otherwise be governed as provided by law and in a
manner consistent with Articles 2 and 4 and with this article
(hereinafter referred to in this article, collectively, as "this act"
).
This act shall take precedence, for the purposes of community
college faculty, over any other act enacted by the Legislature at any
session which, explicitly or implicitly, would result in community
college faculty being governed by provisions inconsistent with this
act.
SEC. 159. Section 87672 of the Education Code is amended to read:
87672. If a governing board decides it intends to dismiss or
penalize a contract or regular employee, it shall deliver a written
statement, duly signed and verified, to the employee setting forth
the complete and precise decision of the governing board and the
reasons therefor.
The written statement shall be delivered by serving it personally
on the employee or by mailing it by United States registered mail to
the employee at his or her address last known to the district.
A governing board may postpone the operative date of a decision to
dismiss or impose penalties for a period not to exceed one year,
subject to the employee's satisfying his or her legal
responsibilities as determined by statute and rules and regulations
of the district. At the end of this period of probation, the
decision shall be made operative or permanently set aside by the
governing board.
SEC. 160. Section 87673 of the Education Code is amended to read:
87673. If the employee objects to the decision of the governing
board, or the reasons therefor, on any ground, the employee shall
notify, in writing, the governing board, the superintendent of the
district which employs him or her, and the president of the college
at which the employee serves of his or her objection within 30 days
of the date of the service of the notice.
SEC. 161. Section 87675 of the Education Code is amended to read:
87675. The arbitrator shall conduct proceedings in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, except that the right of
discovery of the parties shall not be limited to those matters set
forth in Section 11507.6 of the Government Code but shall include the
rights and duties of any party in a civil action brought in a
superior court. In all cases, discovery shall be completed prior to
one week before the date set for hearing. The arbitrator shall
determine whether there is cause to dismiss or penalize the employee.
If the arbitrator finds cause, the arbitrator shall determine
whether the employee shall be dismissed, the precise penalty to be
imposed, and whether the decision should be imposed immediately or
postponed pursuant to Section 87672.
No witness shall be permitted to testify at the hearing except
upon oath or affirmation. No testimony shall be given or evidence
introduced relating to matters that occurred more than four years
prior to the date of the filing of the notice. Evidence of records
regularly kept by the governing board concerning the employee may be
introduced, but no decision relating to the dismissal or suspension
of any employee shall be made based on charges or evidence of any
nature relating to matters occurring more than four years prior to
the filing of the notice.
SEC. 162. Section 87676 of the Education Code is amended to read:
87676. In the case in which the arbitrator determines that the
operation of his or her decision should be postponed, any question of
terminating the postponement shall be determined by the arbitrator.
SEC. 163. Section 87677 of the Education Code is amended to read:
87677. The district alone shall pay the arbitrator's fees and
expenses, and the costs of the proceedings as determined by the
arbitrator. The "cost of the proceedings" does not include any
expenses paid by the employee for his or her counsel, witnesses, or
the preparation or presentation of evidence on his or her behalf.
SEC. 164. Section 87701 of the Education Code is amended to read:
87701. Every person employed by a community college district as a
permanent employee in an academic position who is elected to the
Legislature shall be granted a leave of absence from his or her
duties as an employee of the district by the governing board of the
district.
During the term of the leave of absence, the employee may be
employed by the district to perform less than full-time service, for
compensation and upon terms and conditions, as may be mutually agreed
upon.
This absence shall not affect in any way the classification of the
employee.
Within six months after the term of office of the employee
expires, he or she is entitled to return to the position held by him
or her at the time of his or her election, at the salary to which he
or she would have been entitled had he or she not absented himself or
herself from the service of the district under this section.
Notwithstanding any provision of this code to the contrary, a
person employed to take the place of any such employee shall not have
any right to the position following the return of the employee to
the position.
This section shall apply to any permanent employee who held the
office of Member of the Assembly or State Senator on or after January
4, 1965.
SEC. 165. Section 87715 of the Education Code is amended to read:
87715. A full-time contract or regular classroom instructor
currently employed by a community college district that decides to
maintain classes on Saturday or Sunday, or both, shall not, without
his or her written consent, be required to instruct under that
program for more than 180 full days during a college year, or for
more than the number of full days the colleges of the district were
maintained during the year preceding implementation of weekend
classes, whichever is greater. This section shall not be construed
as limiting the power of any governing board of a community college
district to govern the colleges of the district, including the
assignment of instructors employed by the district. No such
classroom instructor shall be assigned to perform services on a
Saturday or Sunday if the instructor objects in writing that the
assignment would conflict with his or her religious beliefs or
practices.
SEC. 166. Section 87732 of the Education Code is amended to read:
87732. No regular employee shall be dismissed except for one or
more of the following causes:
(a) Immoral or unprofessional conduct.
(b) Dishonesty.
(c) Incompetency.
(d) Evident unfitness for service.
(e) Physical or mental condition that makes him or her unfit to
instruct or associate with students.
(f) Persistent violation of, or refusal to obey, the school laws
of the state or reasonable regulations prescribed for the government
of the community colleges by the board of governors or by the
governing board of the community college district employing him or
her.
(g) Conviction of a felony or of any crime involving moral
turpitude.
(h) Conduct specified in Section 1028 of the Government Code.
SEC. 167. Section 87734 of the Education Code is amended to read:
87734. The governing board of any community college district
shall not act upon any charges of unprofessional conduct or
incompetency unless during the preceding term or half college year
prior to the date of the filing of the charge, and at least 90 days
prior to the date of the filing, the board or its authorized
representative has given the employee against whom the charge is
filed, written notice of the unprofessional conduct or incompetency,
specifying the nature thereof with specific instances of behavior and
with particularity as to furnish the employee an opportunity to
correct his or her faults and overcome the grounds for the charge.
The written notice shall include the evaluation made pursuant to
Article 4 (commencing with Section 87660), if applicable to the
employee. "Unprofessional conduct" and "incompetency," as used in
this section, means, and refers only to, the unprofessional conduct
and incompetency particularly specified as a cause for dismissal in
Section 87732 and does not include any other cause for dismissal
specified in Section 87732.
SEC. 168. Section 87740 of the Education Code is amended to read:
87740. (a) No later than March 15 and before an employee is given
notice by the governing board that his or her services will not be
required for the ensuing year, the governing board and the employee
shall be given written notice by the superintendent of the district
or his or her designee, or in the case of a district which has no
superintendent by the clerk or secretary of the governing board, that
it has been recommended that the notice be given to the employee,
and stating the reasons therefor.
If a contract employee has been in the employ of the district for
less than 45 days on March 15, the giving of the notice may be
deferred until the 45th day of employment and all time periods and
deadline dates prescribed in this subdivision shall be coextensively
extended.
Until the employee has requested a hearing as provided in
subdivision (b) or has waived his or her right to a hearing, the
notice and the reasons therefor shall be confidential and shall not
be divulged by any person, except as may be necessary in the
performance of duties. However, the violation of this requirement of
confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted pursuant
to this section.
(b) The employee may request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year. A request
for a hearing shall be in writing and shall be delivered to the
person who sent the notice pursuant to subdivision (a), on or before
a date specified in that subdivision, which shall not be less than
seven days after the date on which the notice is served upon the
employee. If an employee fails to request a hearing on or before the
date specified, this failure to do so shall constitute waiver of his
or her right to a hearing. The notice provided for in subdivision
(a) shall advise the employee of the provisions of this subdivision.
(c) In the event a hearing is requested by the employee, the
proceeding shall be conducted and a decision made in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code and the governing board shall have all
the power granted to an agency in that chapter, except that all of
the following shall apply:
(1) The respondent shall file his or her notice of defense, if
any, within five days after service upon him or her of the accusation
and he or she shall be notified of this five-day period for filing
the accusation.
(2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15
days after service of the accusation, and the notice required by
Section 11505 of the Government Code shall so indicate.
(3) The hearing shall be conducted by an administrative law judge
who shall prepare a proposed decision, containing findings of fact
and a determination as to whether the charges sustained by the
evidence are related to the welfare of the colleges and the students
thereof. The proposed decision shall be prepared for the governing
board and shall contain a determination as to the sufficiency of the
cause and a recommendation as to disposition. However, the governing
board shall make the final determination as to the sufficiency of
the cause and disposition. None of the findings, recommendations, or
determinations contained in the proposed decision prepared by the
administrative law judge shall be binding on the governing board or
on any court in future litigation. Copies of the proposed decision
shall be submitted to the governing board and to the employee on or
before May 7 of the year in which the proceeding is commenced. All
expenses of the hearing, including the cost of the administrative law
judge, shall be paid by the governing board from the district funds.
The board may adopt, from time to time, rules and procedures not
inconsistent with this section that may be necessary to effectuate
this section.
(d) The governing board's determination not to reemploy a contract
employee for the ensuing college year shall be for cause only. The
determination of the governing board as to the sufficiency of the
cause pursuant to this section shall be conclusive, but the cause
shall relate solely to the welfare of the colleges and the students
thereof and provided that cause shall include termination of services
for the reasons specified in Section 87743. The decision made after
the hearing shall be effective on May 15 of the year the proceeding
is commenced.
(e) Notice to the contract employee by the governing board that
the employee's service will not be required for the ensuing year
shall be given no later than May 15.
(f) If a governing board notifies a contract employee that his or
her services will not be required for the ensuing year, the board,
within 10 days after delivery to it of the employee's written
request, shall provide him or her with a statement of its reasons for
not reemploying him or her for the ensuing college year.
(g) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.
(h) If the governing board does not give notice provided for in
subdivision (e) on or before May 15, the employee shall be deemed
reemployed for the ensuing school year.
(i) If, after request for hearing pursuant to subdivision (b), any
continuance is granted pursuant to Section 11524 of the Government
Code, the dates prescribed in subdivisions (c), (d), (e) and (h) that
occur on or after the date of granting the continuance shall be
extended for a period of time equal to the continuance.
SEC. 169. Section 87744 of the Education Code is amended to read:
87744. Any regular employee whose services have been terminated,
as provided in Section 87743, shall have the following rights:
(a) For the period of 39 months from the date of the termination,
any employee who in the meantime has not attained the age of 70 years
shall have the preferred right to reappointment, in the order of
original employment as determined by the board in accordance with
Sections 87405 to 87424, inclusive, if the number of employees is
increased or the discontinued service is reestablished, with no
requirements that were not imposed upon other employees who continued
in service. However, no contract or other employee with less
seniority shall be employed to render a service for which the
employee meets minimum qualifications and is competent to render.
(b) The right to reappointment may be waived by the employee,
without prejudice, for not more than one college year, unless the
board extends this right, but such a waiver shall not deprive the
employee of his or her right to subsequent offers of reappointment.
(c) As to any employee who is reappointed, the period of his or
her absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his or her service, he or
she shall retain the classification and order of employment he or she
had when his or her services were terminated, and credit for prior
service under any state or district retirement system shall not be
affected by that termination, but the period of his or her absence
shall not count as a part of the service required for retirement.
(d) During the period of his or her preferred right to
reappointment, the employee, in the order of original employment,
shall be offered prior opportunity for temporary service during the
absence of any other employee who has been granted a leave of absence
or who is temporarily absent from duty. However, his or her
services may be terminated upon the return to duty of the other
employee, the compensation he or she receives shall be not less than
the amount he or she would receive if he or she were being
reappointed, and that the temporary service shall not affect the
retention of his or her previous classification and rights.
(e) At any time prior to the completion of one year after his or
her return to service, he or she may continue or make up, with
interest, his or her own contributions to any state or district
retirement system, for the period of his or her absence, but it shall
not be obligatory on a district to match these contributions.
(f) If the employee becomes disabled or reaches retirement age at
any time before his or her return to service, he or she shall
receive, in any state or district retirement system of which he or
she was a member, all benefits to which he or she would have been
entitled had the event occurred at the time of his or her termination
of service, plus any benefits he or she may have qualified for
thereafter, as though still employed.
SEC. 170. Section 87745 of the Education Code is amended to read:
87745. Any contract employee whose services have been terminated
as provided in Section 87743 shall have the following rights:
(a) For the period of 24 months from the date of the termination,
any employee who in the meantime has not attained the age of 70 years
shall have the preferred right to reappointment, subject to the
prior rights to reappointment by all regular employees as set forth
in Section 87744, in the order of original employment as determined
by the governing board in accordance with Sections 87405 to 87424,
inclusive, if the number of employees is increased or the
discontinued service is reestablished, with no requirements that were
not imposed upon other employees who continued in service. However,
no contract or temporary employee with less seniority shall be
employed to render a service for which the employee meets minimum
qualifications and is competent to render.
(b) As to any employee who is reappointed, the period of his or
her absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his or her service, he or
she shall retain the classification and order of employment he or she
had when his or her services were terminated, and credit for prior
service under any state or district retirement system shall not be
affected by the termination. However, the period of his or her
absence shall not be counted as a part of the service required for
attaining regular status in the district or, except as provided in
subdivision (c), for retirement purposes.
(c) During the period of his or her preferred right to
reappointment, the employee, in the order of original employment and
subject to the rights of regular employees as set forth in Section
87744, shall be offered prior opportunity for temporary service
during the absence of any other employee who has been granted leave
of absence or who is temporarily absent from duty. However, his or
her services may be terminated upon a return to duty of the other
employee, such temporary service shall not affect the retention of
his or her previous classification and rights.
(d) At any time prior to the completion of one year after his or
her return to service, an employee reappointed under this section may
elect to continue or to reinstate his or her membership and interest
in any state or district retirement system and to receive retirement
benefits as if no absence from service had occurred. In the event
of such an election, the employee shall pay into the retirement
system the amount of his or her share of contribution and the
district's share of contribution attributable to the period of
absence and the amount of any contributions withdrawn, plus interest.
SEC. 171. Section 87746 of the Education Code is amended to read:
87746. If the services of any contract employee are terminated,
or if such an employee is dismissed, because of a reduction in the
attendance of students or the discontinuance of a particular kind of
service, and the employee is reemployed within a period of 39 months
from the last day of the college year within which his or her
service was so terminated, or within 39 months after the cessation of
hostilities, if the reduction in attendance or discontinuance of
service was due to war conditions, the period of the employee's
absence shall not count as a part of the service required as a
condition precedent to the classification of the employee as a
regular employee of the district, but the absence shall not be
construed as a break in the continuity of the service of the
employee.
Every contract employee who has been reemployed as indicated in
this section shall have all of the rights enumerated in Section 87463
and Sections 87743 to 87762, inclusive, for regular employees,
except the right of reappointment, subject only to the prior rights
of regular employees.
SEC. 172. Section 87762 of the Education Code is amended to read:
87762. In specifying or defining the rights of employees in
Section 87746, "war" means "war" as defined in Section 22804.
SEC. 173. Section 87764 of the Education Code is amended to read:
87764. When any provision of this code expressly authorizes or
requires the governing board of a community college district to grant
a leave of absence for any purpose or for any period of time to
persons employed in academic positions, that express authorization or
requirement does not deprive the governing board of the power to
grant leaves of absence with or without pay to those employees for
other purposes or for other periods of time, so long as the governing
board does not deprive any employee of any leave of absence to which
he or she is entitled by law.
SEC. 174. Section 87768.5 of the Education Code is amended to
read:
87768.5. The governing board of a community college district
shall grant to any employee, upon request, a leave of absence without
loss of compensation for the purpose of enabling the employee to
serve as an elected officer of any local community college district
public employee organization, or of any statewide or national public
employee organization with which the local organization is
affiliated.
The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer. Compensation during the leave shall
include retirement fund contributions required of the community
college district as employer. Required retirement contributions
shall include the amount necessary to pay any unfunded liability cost
for the retirement plan. The employee shall earn full service
credit during the leave of absence and shall pay member contributions
as prescribed by Section 22901. The maximum amount of the service
credit earned shall not exceed 12 calendar years. Any employee who
serves as a full-time officer of a public employee organization shall
not be eligible for disability benefits under the State Teachers'
Retirement System while on the leave of absence.
Following the community college district's payment of the employee
for the leave of absence, the community college district shall be
reimbursed by the employee organization of which the employee is an
elected officer for all compensation paid the employee on account of
the leave. Reimbursement by the employee organization shall be made
within 10 days after its receipt of the community college district's
certification of payment of compensation to the employee.
The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.
SEC. 175. Section 87770 of the Education Code is amended to read:
87770. Every employee, as a condition to being granted a leave of
absence pursuant to Section 87767, shall agree in writing to render
a period of service in the employ of the governing board of the
district following his or her return from the leave of absence which
is equal to twice the period of the leave. Compensation granted by
the governing board to the employee on leave for less than one year
may be paid during the first year of service rendered in the employ
of the governing board following the return of the employee from the
leave of absence or, in the event that the leave is for a period of
one year, the compensation may be paid in two equal annual
installments during the first two years of service following the
return of the employee. The compensation shall be paid the employee
while on the leave of absence in the same manner as if the employee
were teaching in the district, upon the furnishing by the employee of
a suitable bond indemnifying the governing board of the district
against loss in the event that the employee fails to render the
agreed upon period of service in the employ of the governing board
following the return of the employee from the leave of absence. The
bond shall be exonerated in event the failure of the employee to
return and render the agreed upon period of service is caused by the
death or physical or mental disability of the employee. If the
governing board finds, and by resolution declares, that the interests
of the district will be protected by the written agreement of the
employee to return to the service of the district and render the
agreed upon period of service therein following his or her return
from the leave, the governing board may waive the furnishing of the
bond and pay the employee on leave in the same manner as though a
bond is furnished.
SEC. 176. Section 87772 of the Education Code is repealed.
SEC. 177. Section 87773 of the Education Code is repealed.
SEC. 178. Section 87774 of the Education Code is amended to read:
87774. At the expiration of the leave of absence of the employee,
the employee, unless he or she otherwise agrees, shall be reinstated
in the position held by him or her at the time of the granting of
the leave of absence.
SEC. 179. Section 87778 of the Education Code is repealed.
SEC. 180. Section 87780 of the Education Code is amended to read:
87780. When a person employed in an academic position is absent
from his or her duties on account of illness or accident for a period
of five school months or less, whether or not the absence arises out
of or in the course of the employment of the employee, the amount
deducted from the salary due the employee for any month in which the
absence occurs shall not exceed the sum that is actually paid a
temporary employee employed to fill his or her position during his or
her absence or, if no temporary employee was employed, the amount
that would have been paid to the temporary employee had he or she
been employed. The community college district shall make every
reasonable effort to secure the services of a temporary employee.
The governing board of every community college district shall
adopt a salary schedule for temporary employees. The salary schedule
shall indicate a salary for a temporary employee for all categories
or classes of academic employees of the district.
Except in a district where the governing board has adopted a
salary schedule for temporary employees of the district, the amount
paid the temporary employee during any month shall be less than the
salary due the employee absent from his or her duties.
When a person employed in an academic position is absent from his
or her duties on account of illness for a period of more than five
school months, or when a person is absent from his or her duties for
a cause other than illness, the amount deducted from the salary due
the person for the month in which the absence occurs shall be
determined according to the rules and regulations established by the
governing board of the district. These rules and regulations shall
not conflict with rules and regulations of the board of governors.
Nothing in this section shall be construed to deprive any
district, city, or city and county of the right to make any
reasonable rule for the regulation of accident or sick leave or
cumulative accident or sick leave without loss of salary for academic
employees.
This section shall be applicable whether or not the absence from
duty is by reason of a leave of absence granted by the governing
board of the employing district.
SEC. 181. Section 87781 of the Education Code is amended to read:
87781. Every academic employee employed five days a week by a
community college district shall be entitled to 10 days' leave of
absence for illness or injury and any additional days in addition
thereto that the governing board may allow for illness or injury,
exclusive of all days he or she is not required to render service to
the district, with full pay for a college year of service. An
employee employed for less than five schooldays a week shall be
entitled, for a college year of service, to that proportion of 10
days' leave of absence for illness or injury as the number of days he
or she is employed per week bears to five and is entitled to those
additional days in addition thereto as the governing board may allow
for illness or injury to certificated employees employed for less
than five schooldays a week; pay for any day of those absences shall
be the same as the pay that would have been received had the employee
served during the day. Credit for leave of absence need not be
accrued prior to taking leave by the employee and the leave of
absence may be taken at any time during the college year. If the
employee does not take the full amount of leave allowed in any school
year under this section, the amount not taken shall be accumulated
from year to year with additional days as the governing board may
allow.
The governing board of each community college district shall adopt
rules and regulations requiring and prescribing the manner of proof
of illness or injury for the purposes of this section. These rules
and regulations shall not discriminate against evidence of treatment
and the need therefor by the practice of the religion of any
well-recognized church or denomination.
Nothing in this section shall be deemed to modify or repeal any
provision in Chapter 3 (commencing with Section 3110) of Division 4
of the Health and Safety Code.
Section 87780 does not apply to the first 10 days of absence on
account of illness or accident of any employee employed five days a
week or to the proportion of 10 days of absence to which the employee
employed less than five days a week is entitled hereunder on account
of illness or accident or to additional days granted by the
governing board. Any employee shall have the right to utilize sick
leave provided for in this section and the benefit provided by
Section 87780 for absences necessitated by pregnancy, miscarriage,
childbirth, and recovery therefrom.
SEC. 182. Section 87787 of the Education Code is amended to read:
87787. Governing boards of community college districts shall
provide by rules and regulations for industrial accident and illness
leaves of absence for all academic employees. The governing board of
any district which is created or whose boundaries or status is
changed by an action to organize or reorganize districts completed
after January 1, 1976, shall provide by rules and regulations for
those leaves of absence on or before the date on which the
organization or reorganization of the district becomes effective.
The rules or regulations shall include all of the following
provisions:
(a) Allowable leave shall be for not less than 60 days during
which the schools of the district are required to be in session or
when the employee would otherwise have been performing work for the
district in any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulated from year to year.
(c) Industrial accident or illness leave shall commence on the
first day of absence.
(d) When an academic employee is absent from his or her duties on
account of an industrial accident or illness, the employee shall be
paid the portion of the salary due him or her for any month in which
the absence occurs as, when added to his or her temporary disability
indemnity under Division 4 (commencing with Section 3201) or Division
4.5 (commencing with Section 6100) of the Labor Code, will result in
a payment to the employee of not more than his or her full salary.
The phrase "full salary," as utilized in this subdivision, shall
be computed so that it shall not be less than the employee's "average
weekly earnings" as that phrase is utilized in Section 4453 of the
Labor Code. For purposes of this section, however, the maximum and
minimum average weekly earnings set forth in Section 4453 of the
Labor Code shall otherwise not be deemed applicable.
(e) Industrial accident or illness leave shall be reduced by one
day for each day of authorized absence regardless of a temporary
disability indemnity award.
(f) When an industrial accident or illness leave overlaps into the
next fiscal year, the employee shall be entitled to only the amount
of unused leave due him or her for the same illness or injury.
Upon termination of the industrial accident or illness leave, the
employee shall be entitled to the benefits provided in Sections
87780, 87781 and 87786, and, for the purposes of each of these
sections, his or her absence shall be deemed to have commenced on the
date of termination of the industrial accident or illness leave.
However, if the employee continues to receive temporary disability
indemnity, he or she may elect to take as much of his or her
accumulated sick leave which, when added to his or her temporary
disability indemnity, will result in a payment to the employee of not
more than his or her full salary.
The governing board, by rule or regulation, may provide for
additional leave of absence for industrial accident or illness as it
deems appropriate.
During any paid leave of absence, the employee may endorse to the
district the temporary disability indemnity checks received on
account of his or her industrial accident or illness. The district,
in turn, shall issue the employee appropriate salary warrants for
payment of the employee's salary and shall deduct normal retirement,
other authorized contributions, and the temporary disability
indemnity, if any, actually paid to and retained by the employee for
periods covered by the salary warrants.
Any employee receiving benefits as a result of this section,
during periods of injury or illness, shall remain within the State of
California unless the governing board authorizes travel outside the
state.
In the absence of rules and regulations adopted by the governing
board pursuant to this section, an employee shall be entitled to
industrial accident or illness leave as provided in this section but
without limitation as to the number of days of leave.
SEC. 183. Section 87790 of the Education Code is amended to read:
87790. Notwithstanding any other provisions of this code, except
Part 13 (commencing with Section 22000), the governing body of a
community college district may adopt a workload balancing program for
academic employees, under which time worked in excess of that
required for a full-time position is banked and an equivalent paid
leave of absence is granted in a subsequent quarter, semester, or
academic year.
SEC. 184. Section 87832 of the Education Code is amended to read:
87832. For the purposes of Section 395 of the Military and
Veterans Code or any other provision of law providing for the payment
of salary or compensation to an employee of a community college
district while absent from duty because he or she is engaged in
ordered military or naval duty, the employee's salary or compensation
for 30 days shall (a), with respect to an employee serving in an
academic position, be deemed to be one-tenth of the annual salary
established for the position and (b), with respect to an employee
serving in a classified position, be deemed to be one month's salary.
SEC. 185. Section 88000 of the Education Code is amended to read:
88000. This article, Article 2 (commencing with Section 88050),
Article 4 (commencing with Section 88160), Article 5 (commencing
with Section 88180), Article 6 (commencing with Section 88190),
Article 8 (commencing with Section 88240), and Chapter 1 (commencing
with Section 87000) shall apply to all classified employees of a
community college district, whether a merit or nonmerit system
district as authorized by this chapter unless the section
specifically limits its application to nonmerit system districts.
These provisions shall not apply to employees of a community
college district lying wholly within a city and county that provides
in its charter for a merit system of employment for employees
employed in positions that are part of the classified service.
SEC. 186. Section 88001 of the Education Code is amended to read:
88001. As used in this chapter the following terms mean:
(a) "Classification" means that each position in the classified
service shall have a designated title, a regular minimum number of
assigned hours per day, days per week, and months per year, a
specific statement of the duties required to be performed by the
employees in each such position, and the regular monthly salary
ranges for each such position.
(b) "Permanent," as used in the phrase "permanent employee,"
includes tenure in the classification in which the employee passed
the required probationary period and includes all of the incidents of
that classification.
(c) "Regular," as used in the phrase "regular classified employee,"
or any similar phrase, refers to a classified employee who has
probationary or permanent status.
(d) "Demotion" means assignment to an inferior position or status
without the employee's written voluntary consent.
(e) "Disciplinary action" includes any action whereby an employee
is deprived of any classification or any incident of any
classification in which he or she has permanence, including
dismissal, suspension, demotion, or any reassignment, without his or
her voluntary consent, except a layoff for lack of work or lack of
funds.
(f) "Reclassification" means the upgrading of a position to a
higher classification as a result of the gradual increase of the
duties being performed by the incumbent in that position.
(g) "Layoff for lack of funds or layoff for lack of work" includes
any reduction in hours of employment or assignment to a class or
grade lower than that in which the employee has permanence,
voluntarily consented to by the employee, in order to avoid
interruption of employment by layoff.
(h) "Cause," relating to disciplinary actions against classified
employees, means those grounds for discipline or offenses enumerated
in the law or the written rules of a community college employer. No
disciplinary action may be maintained for any "cause" other than as
defined herein.
This section shall not apply to districts to which Article 3
(commencing with Section 88060) is applicable.
This section shall not apply to any district which, during the
1973-74 college year, had an average daily attendance of 100,000 or
more.
SEC. 187. Section 88002 of the Education Code is amended to read:
88002. For the purposes of this section, every classified
employee shall be deemed to be employed for 12 months during each
college year regardless of the number of months in which he or she is
normally in paid status. Any community college district that, in
any college year, maintains school sessions at times other than
during the regular academic year shall assign for service during
those times regular classified employees of the district. When it is
necessary to assign classified employees not regularly so assigned
to serve between the end of one academic year and the commencement of
another, the assignment shall be made on the basis of qualifications
for employment in each classification of service that is required.
No classified employee whose regular yearly assignment for service
excludes all, or any part of, the period between the end of the
academic year to the beginning of the next academic year, shall be
required to perform services during that period. A classified
employee, for services performed as herein provided, shall receive,
on a pro rata basis, not less than the compensation and benefits that
are applicable to that classification during the regular academic
year.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 188. Section 88003 of the Education Code is amended to read:
88003. The governing board of any community college district
shall employ persons for positions that are not academic positions.
The governing board, except where Article 3 (commencing with Section
88060) or Section 88137 applies, shall classify all those employees
and positions. The employees and positions shall be known as the
classified service. Substitute and short-term employees, employed
and paid for less than 75 percent of a college year, shall not be a
part of the classified service. Part-time playground positions,
apprentices and professional experts employed on a temporary basis
for a specific project, regardless of length of employment, shall not
be a part of the classified service. Full-time students employed
part time, and part-time students employed part time in any college
work-study program, or in a work experience education program
conducted by a community college district and which is financed by
state or federal funds, shall not be a part of the classified
service.
"Substitute employee," as used in this section, means any person
employed to replace any classified employee who is temporarily absent
from duty. In addition, if the district is then engaged in a
procedure to hire a permanent employee to fill a vacancy in any
classified position, the governing board may fill the vacancy through
the employment, for not more than 60 calendar days, of one or more
substitute employees, except to the extent that a collective
bargaining agreement then in effect provides for a different period
of time.
"Short-term employee," as used in this section, means any person
who is employed to perform a service for the district, upon the
completion of which, the service required or similar services will
not be extended or needed on a continuing basis.
"Seventy-five percent of a college year" means 195 working days,
including holidays, sick leave, vacation and other leaves of
absences, irrespective of number of hours worked per day.
Employment of either full-time or part-time students in any
college work-study program, or in a work experience education program
shall not result in the displacement of classified personnel or
impair existing contracts for services.
This section shall apply only to districts not incorporating the
merit system as outlined in Article 3 (commencing with Section
88060).
SEC. 189. Section 88004.5 of the Education Code is amended to
read:
88004.5. All contracts for management consulting services
relating to food service shall be governed by this section.
(a) Notwithstanding Sections 88003, 88004, 88020.5, and 88076, any
community college district may enter into a contract for management
consulting services relating to food service for a term not to exceed
one year. Any renewal of that contract, or further requests for
proposals to provide food service management consulting services,
shall be considered on a year-to-year basis. A contract for food
service management consulting services shall not cause or result in
the elimination of any food service classified personnel or position.
A contract for food service management consulting services shall
not cause or result in any adverse effect upon any food service
classified personnel or position with respect to wages, benefits, or
other terms and conditions of employment.
(b) A contract made pursuant to subdivision (a) shall not provide
for, or result in the supervision of, food service classified
personnel by the food service management consultant. This section
shall not be construed to prevent an entity providing food service
management consulting services from interacting or consulting with
the food service manager or director, supervisors, or food service
classified employees of the
community college district on matters relating to food services
except those prohibited by subdivision (a).
(c) Sections 88021, 88022, 88023, 88024, and 88025, and any other
health criteria established by the local community college district,
are applicable to all persons providing food service management
consulting services under this section.
(d) This section shall apply to all community college districts,
including districts that have adopted the merit system.
SEC. 190. Section 88010 of the Education Code is amended to read:
88010. Classified employees shall not be required to perform
duties that are not fixed and prescribed for the position by the
governing board in accordance with Section 88009, unless the duties
reasonably relate to those fixed for the position by the board, for
any period of time that exceeds five working days within a
15-calendar-day period except as authorized herein.
An employee may be required to perform duties inconsistent with
those assigned to the position by the governing board for a period of
more than five working days if his or her salary is adjusted upward
for the entire period he or she is required to work out of
classification and in amounts that will reasonably reflect the duties
required to be performed outside his or her normal assigned duties.
Notwithstanding this section, a personnel commission and governing
board, or a governing board in a nonmerit system district, by
written rule, may provide for an upward salary adjustment for any
classified employee required to work out of classification for any
period of time less than that required herein.
It is the intent of this section to permit community college
districts to temporarily work employees outside of their normal
duties but in so doing to require that some additional compensation
be provided the employee during such temporary assignments.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 191. Section 88013 of the Education Code is amended to read:
88013. The governing board of a community college district shall
prescribe written rules and regulations, governing the personnel
management of the classified service, which shall be printed and made
available to employees in the classified service, the public, and
those concerned with the administration of this section, whereby
these employees are, except as provided in Section 72411, designated
as permanent employees of the district after serving a prescribed
period of probation which shall not exceed one year.
Any employee designated as a permanent employee shall be subject
to disciplinary action only for cause as prescribed by rule or
regulation of the governing board, but the governing board's
determination of the sufficiency of the cause for disciplinary action
shall be conclusive.
The governing board shall adopt rules of procedure for
disciplinary proceedings which shall contain a provision for
informing the employee by written notice of the specific charges
against him or her, a statement of the employee's right to a hearing
on those charges, and the time within which the hearing may be
requested which shall be not less than five days after service of the
notice to the employee, and a card or paper, the signing and filing
of which shall constitute a demand for hearing, and a denial of all
charges. The burden of proof shall remain with the governing board,
and any rule or regulation to the contrary shall be void.
No disciplinary action shall be taken for any cause that arose
prior to the employee's becoming permanent, or for any cause that
arose more than two years preceding the date of the filing of the
notice of cause, unless the cause was concealed or not disclosed by
the employee when it could be reasonably assumed that the employee
should have disclosed the facts to the employing district.
This section shall apply only to districts not incorporating the
merit system as outlined in Article 3 (commencing with Section
88060).
SEC. 192. Section 88014 of the Education Code is amended to read:
88014. Notwithstanding Section 88013, the governing board may lay
off and reemploy classified employees only in accordance with
procedures provided by Sections 88117 and 88127, except the term
"personnel commission," as used in Section 88117, shall be construed
to mean the governing board.
SEC. 193. Section 88015 of the Education Code is amended to read:
88015. Notwithstanding any other provision of law, any person who
was subject to being, or was in fact, laid off for lack of work or
lack of funds and who elected service retirement from the Public
Employees' Retirement System shall be placed on an appropriate
reemployment list. The district shall notify the Board of
Administration of the Public Employees' Retirement System of the fact
that retirement was due to layoff for lack of work or of funds. If
the person is subsequently subject to reemployment and accepts, in
writing, the appropriate vacant position, the district shall maintain
the vacancy until the Board of Administration of the Public
Employees' Retirement System has properly processed his or her
request for reinstatement from retirement.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 194. Section 88020 of the Education Code is amended to read:
88020. Any person, not a student or substitute employee, who has
been employed by a community college student body organization
pursuant to Section 76060 for a period of at least six months
immediately preceding becoming a member of the classified service
pursuant to Section 76060 or 81676 shall, without examination, be
deemed to be a permanent classified service employee of the community
college district.
Any person not a student or substitute employee employed by a
student body organization pursuant to Section 76060 for less than six
months immediately preceding becoming a member of the classified
service pursuant to Section 76060 or 81676 shall, without
examination, be deemed to be a probationary classified employee of
the district.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 195. Section 88023 of the Education Code is amended to read:
88023. No person shall be employed or retained in employment by a
community college district who has been determined to be a sexual
psychopath, as defined in Section 6300 of the Welfare and
Institutions Code or under similar provisions of law of any other
state. If, however, such a determination is reversed and the person
is determined not to be a sexual psychopath in a new proceeding, or
the proceeding to determine whether he or she is a sexual psychopath
is dismissed, this section does not prohibit his or her employment
thereafter.
SEC. 196. Section 88024 of the Education Code is amended to read:
88024. The governing board of any community college district,
within 10 working days of date of employment, shall require each
person to be employed, or employed in, a nonacademic position to have
two 8 X 8 fingerprint cards bearing the legible rolled and flat
impressions of that person's fingerprints together with a personal
description of the applicant or employee, as the case may be,
prepared by a local public law enforcement agency having jurisdiction
in the area of the district, which agency shall transmit the cards,
together with the fee hereinafter specified, to the Department of
Justice; except that a district, or districts with a common board,
having a full-time equivalent student of 60,000 or more may process
the fingerprint cards if the district so elects. "Local public law
enforcement agency," as used in this section and in Section 88025,
includes a community college district with full-time equivalent
students of 60,000 or more. Upon receiving the identification cards,
the Department of Justice shall ascertain whether the applicant or
employee has been arrested or convicted of any crime insofar as that
fact can be ascertained from information available to the department
and shall forward that information to the local public law
enforcement agency submitting the applicant's or employee's
fingerprints at the earliest possible date. The Department of
Justice may forward one copy of the fingerprint cards submitted to
any other bureau of investigation it may deem necessary in order to
verify any record of previous arrests or convictions of the applicant
or employee.
The governing board of each district shall forward a request to
the Department of Justice indicating the number of current employees
who have not completed the requirements of this section. The
Department of Justice shall direct when the cards are to be forwarded
to it for processing. Districts that previously have submitted
identification cards for current employees to either the Department
of Justice or the Federal Bureau of Investigation shall not be
required to further implement the provisions of this section as it
applies to those employees.
A plea or verdict of guilty, or a finding of guilt by a court in a
trial without a jury or forfeiture of bail, is deemed to be a
conviction within the meaning of this section, irrespective of a
subsequent order under Section 1203.4 of the Penal Code allowing the
withdrawal of the plea of guilty and entering of a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusations or information.
The governing board shall provide the means whereby the
identification cards may be completed and shall charge a fee
determined by the Department of Justice to be sufficient to reimburse
the department for the costs incurred in processing the application.
The amount of the fee shall be forwarded to the Department of
Justice with two copies of applicant's or employee's fingerprint
cards. The governing board may collect an additional fee not to
exceed two dollars ($2) payable to the local public law enforcement
agency taking the fingerprints and completing the data on the
fingerprint cards. The additional fees shall be transmitted to the
city or county treasury. If an applicant is subsequently hired by
the board within 30 days of the application, the fee may be
reimbursed to the applicant. Funds not reimbursed to applicants
shall be credited to the general fund of the district. If the
fingerprint cards forwarded to the Department of Justice are those of
a person already in the employ of the governing board, the district
shall pay the fee required by this section, which fee shall be a
proper charge against the general fund of the district, and no fee
shall be charged the employee.
Notwithstanding the foregoing, substitute and temporary employees,
employed for less than a school year, may be exempted from these
provisions. This section shall not apply to a district, or districts
with a common board, that has an average daily attendance of 400,000
or greater, or to a community college district wholly within a city
and county, unless the governing board of the district or districts,
by rule, provides for adherence to this section.
SEC. 197. Section 88030 of the Education Code is amended to read:
88030. Notwithstanding Section 88026, the workweek shall consist
of not more than five consecutive working days for any employee
having an average workday of four hours or more during the workweek.
Such an employee shall be compensated for any work required to be
performed on the sixth or seventh day following the commencement of
the workweek at a rate equal to 11/2 times the regular rate of pay of
the employee designated and authorized to perform the work.
An employee having an average workday of less than four hours
during a workweek shall, for any work required to be performed on the
seventh day following the commencement of his or her workweek, be
compensated for at a rate equal to 11/2 times the regular rate of pay
of the employee designated and authorized to perform the work.
Positions and employees excluded from overtime compensation
pursuant to Section 88029 shall likewise be excluded from this
section.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 198. Section 88032 of the Education Code is repealed.
SEC. 199. Section 88033 of the Education Code is amended to read:
88033. (a) Notwithstanding any other provisions of law, no
minimum or maximum age limits shall be established for the employment
or continuance in employment of persons as part of the classified
service.
(b) Any person possessing all of the minimum qualifications for
any employment shall be eligible for appointment to that employment,
and no rule or policy, either written or unwritten, heretofore or
hereafter adopted, shall prohibit the employment or continued
employment, solely because of the age of any such person in any
community college employment who is otherwise qualified therefor.
(c) No person shall be employed in community college employment
while he or she is receiving a retirement allowance under any
retirement system by reason of prior school or community college
employment, except as provided in Article 5 (commencing with Section
21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the
Government Code.
(d) Subdivision (c) shall be inapplicable to persons who were
employed in the classified service of any community college district
as of September 18, 1959, and who are still in the employ of the same
district on September 15, 1961, and the rights of those persons
shall be fixed and determined as of September 18, 1959, and none of
these persons shall be deprived of any right to any retirement
allowance or eligibility for any such allowance to which he or she
would have been entitled as of that date. Any such person who, by
reason of any provision of law to the contrary, has been deprived of
any right to retirement allowance or eligibility for such an
allowance, shall, upon the filing of application therefor, be
reinstated to those rights as he or she would have had, had this
subdivision been in effect on September 18, 1959.
(e) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).
SEC. 200. Section 88035.5 of the Education Code is repealed.
SEC. 201. Section 88036 of the Education Code is amended to read:
88036. A classified employee who works a minimum of 30 minutes
per day in excess of his or her part-time assignment for a period of
20 consecutive working days or more shall have his or her basic
assignment changed to reflect the longer hours in order to acquire
fringe benefits on a properly prorated basis as specified in Section
88035.
If a part-time employee's average paid time, excluding overtime
for which the employee receives compensation at a rate at least equal
to time and one-half, exceeds his or her average assigned time by 50
minutes or more per working day in any quarter, the hours paid per
day for compensable leaves of absence and holidays in the succeeding
quarter shall be equivalent to the average hours paid per working day
in the preceding quarter, excluding overtime.
Except where vacation entitlement is accrued on the basis of
actual hours of paid regular service, vacation entitlement shall be
based on the average number of hours worked per working day during
the portion of the college year in which the employee is assigned to
duty.
It is the intent of the Legislature, in enacting this section, to
ensure that part-time employees are accorded fringe benefits on an
appropriate prorated basis with full recognition given to the number
of hours worked by the part-time employee, rather than on the basis
of time fixed to the position when the fixed time is not reasonably
correlated with the actual time worked. This section is to be
liberally construed in order that Section 88035 may not be
circumvented by requiring employees to work in excess of the
regularly fixed hours for a position on an overtime basis, but for
which premium pay is not provided nor appropriate adjustment is not
made in fringe benefit entitlement.
SEC. 202. Section 88050 of the Education Code is amended to read:
88050. As used in this article, "a district whose full-time
equivalent student is 3,000 or greater" shall be construed to include
any district which is the only district in the territory under the
jurisdiction of the county superintendent of schools regardless of
its full-time equivalent student.
SEC. 203. Section 88051 of the Education Code is amended to read:
88051. (a) On or after November 8, 1967, the classified employees
of any district whose full-time equivalent student is 3,000 or
greater, in accordance with this article, may petition the governing
board to make Article 3 (commencing with Section 88060) applicable to
their employer district. That petition shall read substantially as
follows:
"We, the undersigned classified employees of the _____ (name
of community college district), constituting 15 percent or more of
the classified personnel entitled to vote, request the governing
board to submit to election the question of whether or not the merit
(civil service) system shall become applicable to this district.
NAME POSITION CLASSIFICATION"
NAME __________________________________
POSITION CLASSIFICATION _______________"
"Classified employee," as used in this section, shall be construed
to include all personnel who are a part of the classified service as
defined in Section 88003.
(b) Within 120 days after receipt of the petition the governing
board shall do all of the following:
(1) Obtain the services of competent and qualified persons to
present the pros and cons of the issue. Notwithstanding this
paragraph, the classified employees who submitted the petition may
select the person or persons to present the proponent position on the
issue.
(2) Provide adequate and ample opportunity for all of its
classified personnel to attend one or more meetings at which the
issue is presented.
(3) Having complied with paragraphs (1) and (2), conduct an
election by secret ballot of its classified personnel to determine
whether or not they desire to make the merit system applicable to the
district. The ballot shall read:
"Shall the merit (civil service) system for classified employees
be applicable in the ______ (name of community college district)?
/__/ Yes
/__/ No"
Although the ballot shall not require the employees' signatures or
other personal identifying requirements, the governing board shall
devise an identification system to ensure against fraud in the
balloting process.
(4) The governing board shall appoint a three- or five-person
tabulating committee, at least one member of which shall be a member
of the governing board, to canvass the ballots and present the
results to the governing board. If a simple majority votes in favor
of the merit system, that system shall become applicable in the
district.
(c) The tabulating committee required under this section shall
certify the results of the election to the governing board at the
next regular or special meeting of the board following the date the
committee completes tabulation of the votes. If the tabulating
committee completes the tabulation on the same day that the governing
board meets in regular or special session, the committee shall
certify the results of the election to the board at that meeting.
SEC. 204. Section 88053 of the Education Code is amended to read:
88053. The governing board of a community college district whose
full-time equivalent student is less than 3,000, by affirmative vote
of a majority of its members, may adopt the procedure set forth in
Article 3 (commencing with Section 88060). The motion or a
resolution for adoption of the system shall specify the date that
Article 3 (commencing with Section 88060) shall be applicable to the
classified employees of the district, which shall not be later than
July 1 next following the date of adoption.
SEC. 205. Section 88054 of the Education Code is amended to read:
88054. The governing board of a community college district whose
full-time equivalent student is 3,000 or more, by affirmative vote of
a majority of its members, may adopt the procedure set forth in
Article 3 (commencing with Section 88060), if a lawful petition has
not been received as authorized in Section 88051, or may adopt the
procedure at any time after a two-year period has elapsed following
an unsuccessful election conducted in accordance with Section 88051.
The motion, order, or resolution for adoption of the procedure
shall specify the date that Article 3 (commencing with Section 88060)
shall be applicable to classified employees, which shall not be
later than July 1 next following the date of adoption.
SEC. 206. Section 88057 of the Education Code is amended to read:
88057. The procedure set forth in Article 3 (commencing with
Section 88060) may also be adopted by a majority of the voting
electors of the community college districts assenting to the plan
after it has been placed on the ballot upon the written petition of
qualified electors not less in number than 10 percent of the number
voting in the last election for a member of the governing board. The
question of adoption shall be placed on the ballot at the next
regular governing board member election, or the next primary or
general election in a general election year, whichever is earlier,
after receipt of the petition by the registrar of voters.
The ballot measure shall specify the date that Article 3
(commencing with Section 88060) shall be applicable to classified
employees, which shall not be later than July 1 next following the
date of adoption.
SEC. 207. Section 88063.5 of the Education Code is amended to
read:
88063.5. Notwithstanding Section 88063 or any other provision of
law, in the case of a community college district that was formerly
under the jurisdiction of governing boards of identical personnel for
both the community college district and a unified district and that
had a majority of its population within an incorporated city which
had a population between 70,000 and 75,000 as of the 1950 census, and
where the governing board, by affirmative vote of the majority of
its members, made this article applicable to each of the districts
individually and separately, the rights of persons employed in
nonacademic positions shall continue in the same manner as if the
separation had not occurred, except that the rights shall be limited
to the district in which the person is employed on the day the action
was taken by the governing board. For purposes of determining
seniority, employment shall be deemed to have commenced as of the
date of original employment in either the unified district or the
community college district.
SEC. 208. Section 88076 of the Education Code is amended to read:
88076. (a) The commission shall classify all employees and
positions within the jurisdiction of the governing board or of the
commission, except those which are exempt from the classified
service, as specified in subdivision (b). The employees and
positions shall be known as the classified service. "To classify"
shall include, but not be limited to, allocating positions to
appropriate classes, arranging classes into occupational hierarchies,
determining reasonable relationships within occupational
hierarchies, and preparing written class specifications.
(b) The following positions and employees are exempt from the
classified service:
(1) Academic positions.
(2) Part-time playground positions.
(3) Full-time students employed part time.
(4) Part-time students employed part time in any college
work-study program or in a work experience education program
conducted by a community college which is financed by state or
federal funds.
(5) Apprentice positions.
(6) Positions established for the employment of professional
experts on a temporary basis for a specific project by the governing
board or by the commission when so designated by the commission.
Employment of either full-time or part-time students in any
college work-study program, or in a work experience education program
shall not result in the displacement of classified personnel or
impair existing contracts for services.
However, nothing in this section shall prevent an employee, who
has attained regular status in a full-time position, from taking a
voluntary reduction in time and retaining his or her regular status
under the provisions of this law.
No person whose contribution consists solely in the rendition of
individual personal services and whose employment does not come
within the scope of the exceptions listed above shall be employed
outside the classified service.
A part-time position is one for which the assigned time, when
computed on an hourly, daily, weekly, or monthly basis, is less than
871/2 percent of the normally assigned time of the majority of
employees in the classified service.
SEC. 209. Section 88079.1 of the Education Code is repealed.
SEC. 210. Section 88083 of the Education Code is amended to read:
88083. The commission may classify as apprentice positions
certain positions where the principal requirement is that of learning
to perform efficiently, by study and practice, specific duties
concerning which a definite plan of systematic instruction and
special supervision has been approved by the California
Apprenticeship Council for the designated trade.
The apprenticeship training plan adopted by the governing board of
the community college district shall be approved by the California
Apprenticeship Council.
No assignment to any position classified as an apprentice position
shall be allowed to continue beyond the predetermined apprenticeship
period approved by the California Apprenticeship Council for the
designated trade, except that the community college district's joint
apprenticeship committee may approve retention of an employee as an
apprentice up to six months beyond the predetermined apprentice
period.
The selection of
eligible persons shall be made in accordance with their position on
employment lists established by competitive or qualifying
examinations.
Section 88033 shall be applicable to apprentice positions.
However, relative age may be considered as a factor in the ranking of
candidates for apprentice positions.
Credit for prior training in a regularly indentured apprenticeship
program shall be given to qualified candidates.
In all cases of apprenticeship probationary periods, the standards
of duration and qualifications shall be fixed by the commission
insofar as they do not exceed the maximum standards set up by the
California Apprenticeship Council. Termination for cause may be
prescribed for any apprentice who fails to attain the predetermined
standards of apprenticeship or for causes as prescribed by the rules
of the commission.
The commission shall recommend to the governing board a graduated
scale of compensation rates for the various levels of apprentices,
taking into consideration the percentage relationship to the
districts' journeyman wage of the trade as provided in the statement
of policies of the California Apprenticeship Council.
The commission may determine that promotional examinations shall
be held for entrance into various levels of apprentice positions and
entrance into journeyman positions in a skilled trade.
SEC. 211. Section 88086.5 of the Education Code is amended to
read:
88086.5. Sections 88022, 88023, 88160, 88198, 88199, 88201, and
88202 are applicable to the employees of community college districts
that have adopted a merit system pursuant to the procedure set forth
in this article.
This section is declaratory of existing law. The sections here
enumerated are to be construed and applied in the same manner and
with the same effect as when they were applicable to the employees of
those school districts prior to the enactment of Section 88000 by
Chapter 1267 of the Statutes of 1959, and in accordance with the
applicable provisions of this article and the rules of the personnel
commission.
SEC. 212. Section 88092 of the Education Code is amended to read:
88092. Examinations shall be administered objectively and shall
consist of test parts that relate to job performance.
For classes of positions deemed by the commission or by the
authority responsible for the administration of classified employee
examinations to require an oral examination, the oral examination
board shall include at least two members.
Unless specifically directed to evaluate candidates' technical
knowledge and skills, the oral examination board shall confine itself
to evaluating general fitness for employment in the class. When the
oral examination board is directed to evaluate technical knowledge
and skills, at least two members of the board shall be technically
qualified in the specified occupational area. Members of the
governing board or personnel commission shall not serve on an oral
examination board. A district employee may serve on an oral
examination board if he or she is not at the first or second level of
supervision over a vacant position in the class for which the
examination is held.
The personnel commission shall provide for the proceedings of all
oral examinations to be electronically recorded. In no case will an
oral examination board be provided with confidential references on
employees of the district who are competing in promotional
examinations. Scores achieved by the candidate on other parts of the
examination shall not be made available to the oral examination
board.
SEC. 213. Section 88093 of the Education Code is amended to read:
88093. Examination records, including any recordings and the
rating sheet of each member of the oral board for each candidate,
shall be retained by the body authorized to administer examinations
for a period of not less than 90 days after promulgation of an
eligibility list. The commission shall prescribe procedures whereby
candidates may review and protest any part of an examination. In
promotional examinations for classes for which continuous examination
procedures have not been authorized, the review and protest period
shall be held prior to regular appointment from the eligibility list.
Examination records shall not be available to the public or to any
person for any purpose not directly connected with the examination
and shall be considered confidential but shall, within reasonable
time limits, be made available to a candidate or his or her
representative.
SEC. 214. Section 88097 of the Education Code is amended to read:
88097. Written notices concerning tests, vacancies, transfer
opportunities, and other selections of shifts, positions,
assignments, classifications, or locations shall be posted at all
work locations of employees who may be affected not later than 15
working days prior to the closing date of filing appropriate
applications, together with the normal use of newspapers and
bulletins for public notice for open or promotional vacancies.
Whenever the subject of these notices may affect a probationary or
permanent classified employee who will not be reporting at his or her
work location during periods when the employee is not normally
required to work, such as Christmas, Easter, summer recesses, and
other paid or unpaid leaves of absences, including vacations, and who
has previously requested notification, the notices shall be mailed
to the employee. However, the failure of an employee to receive a
notice shall not invalidate any procedure, if, in fact, the notice
was placed in the mail and postage paid.
This section shall not apply to any community college district
that publishes and distributes to all work locations examination
bulletins at least once each month, provided that records of employee
requests for transfer and change of location are maintained and that
the names of all candidates for transfer and change of location to a
vacancy are certified to the appointing authority along with names
of appropriate applicants from employment lists.
The personnel commission shall establish procedures for the
maintenance of employee requests for transfer, change of location,
change of shift, and notification of forthcoming examinations.
SEC. 215. Section 88098 of the Education Code is amended to read:
88098. A regular employee who is determined by the governing
board to be incapable of performing the duties of his or her class
because of illness or injury may, at the discretion of the governing
board, be assigned duties that he or she is capable of performing.
The position to which the employee is assigned shall be subject to
classification by the personnel commission, but the employee shall
receive no increase in wage or salary because of his or her
assignment to the position unless he or she is appointed from an
eligibility list resulting from a competitive examination in the
event that the position is classified and allocated to a higher wage
or salary than that previously attained by the employee, he or she
may be assigned to the position without competitive examination, but
shall continue to receive the wage or salary of his or her former
classification. If the position is classified and allocated to a
lower wage or salary than that attained by the employee, he or she
shall be paid the wage or salary appropriate to the position.
SEC. 216. Section 88104 of the Education Code is amended to read:
88104. When all of the positions in a class are reclassified to a
higher class, the incumbents of the positions who have been in the
class for three or more years may be reclassified with their
positions by the personnel commission. When a portion of the
positions within a class are reclassified to a higher class an
incumbent who has a continuous employment record of three or more
years in one or more of the positions being reclassified may be
reclassified with his or her position as provided by personnel
commission rule.
The basis for reclassification of the position must be a gradual
accretion of duties and not a sudden change occasioned by a
reorganization or the assignment of completely new duties and
responsibilities. Determinations as to gradual accretion will be on
the basis of guidelines provided by personnel commission rules.
An employee who has been reclassified with his or her position
shall be ineligible for subsequent reclassification with his or her
position for a period of at least three years from the initial
action.
SEC. 217. Section 88105 of the Education Code is amended to read:
88105. Whenever the appointing power requires the appointment of
a person to a position, the duration of which is not to exceed six
months, or, in case of an appointment in lieu of an absent employee,
is not to exceed the authorized absence of that employee, he or she
shall submit a request in which the probable duration of the
appointment is stated. Eligible persons shall be certified in
accordance with their position on the appropriate employment list and
their willingness to accept appointment to such a position as
limited-term employees. Limited-term employees shall be subject to
those conditions affecting status and tenure during and after the
employment as the commission may by rule determine.
SEC. 218. Section 88107 of the Education Code is amended to read:
88107. The personnel commission may authorize the extension of a
provisional employee's assignment for a period not to exceed 36
working days, if all of the following requirements are met:
(a) An examination for the class was completed during the first 90
working days of his or her provisional assignment.
(b) Evidence satisfactory to the personnel commission is presented
indicating all of the following:
(1) That an adequate recruitment effort has been and is being
made.
(2) That extension of the provisional assignment is necessary to
carry on vital functions of the district.
(3) That the position cannot be satisfactorily filled by use of
other employment lists or procedures.
SEC. 219. Section 88120 of the Education Code is amended to read:
88120. A person who has served an initial probationary period in
a class not to exceed six months or 130 days of paid service,
whichever is longer, as prescribed by the rules of the commission
shall be deemed to be in the permanent classified service, except
that the commission may establish a probationary period in a class
not to exceed one year for classes designated by the commission as
executive, administrative, or police classes. No employee shall
attain permanent status in the classified service until he or she has
completed a probationary period in a class. In any case the rules
of the commission may provide for the exclusion of time while
employees are on a leave of absence. The rights of appeal from
disciplinary action prior to attainment of permanent status in the
classified service shall be in accordance with Section 88124.
SEC. 220. Section 88125 of the Education Code is amended to read:
88125. The commission shall investigate the matter on appeal and
may require further evidence from either party, and may, and upon
request of an accused employee shall, order a hearing. The accused
employee shall have the right to appear in person or with counsel and
to be heard in his or her own defense. The decision shall not be
subject to review by the governing board.
SEC. 221. Section 88126 of the Education Code is amended to read:
88126. If the commission sustains the employee, it may order paid
all or part of his or her full compensation from the time of
suspension, demotion, or dismissal, and it shall order his or her
reinstatement upon terms and conditions that it deems appropriate.
The commission may modify the disciplinary action, but may not make
the action more stringent than that approved by the board. In
addition, the commission may direct any other action that it finds
necessary to effect a just settlement of the appeal, including, but
not limited to, compensation for all or part of the legitimate
expenses incurred in pursuit of the appeal, seniority credit for
off-duty time pending reinstatement, transfer or change of location
of the employee, and expunction from the employee's personnel record
of disciplinary actions, cause, and charges that were not sustained
by the commission. Upon receipt of the commission's written
decision, the board shall comply with its provisions. When the
board has fully complied with the commission's decision, it shall so
notify the commission in writing.
SEC. 222. Section 88128 of the Education Code is amended to read:
88128. Any permanent classified employee of a community college
district, who voluntarily resigns from his or her permanent
classified position, may be reinstated or reemployed by the governing
board of the district, within 39 months after the employee's last
day of paid service and without further competitive examination, to a
position in his or her former classification as a permanent or
limited-term employee, or as a permanent or limited-term employee in
a related lower class or a lower class in which the employee formerly
had permanent status.
If the governing board elects to reinstate or reemploy a person as
a permanent employee under this section, it shall disregard the
break in service of the employee and classify him or her as, and
restore to the employee all of the rights, benefits and burdens of, a
permanent employee in the class to which he or she is reinstated or
reemployed.
SEC. 223. Section 88132 of the Education Code is amended to read:
88132. The counsel of the governing board shall aid and represent
the commission in all legal matters, and if the counsel refuses to
aid and represent the commission, the commission may employ its own
attorney, and the reasonable cost thereof shall constitute a legal
charge against the general funds of the district.
SEC. 224. Section 88136 of the Education Code is amended to read:
88136. Any person who willfully, or through culpable negligence,
violates this article is guilty of a misdemeanor. It is also
unlawful for any person to do any of the following:
(a) Willfully, by himself or herself or in cooperation with
another person, to defeat, deceive, or obstruct any person with
respect to his or her right of examination, application, or
employment under this article or commission rule.
(b) Willfully and falsely, to mark, grade, estimate, or report
upon the examination or proper standing of any person examined or
certified under this article or commission rule, or to aid in so
doing, or to make any false representation concerning the same or the
person examined.
(c) Willfully, to furnish to any person any special or secret
information regarding contents of an examination for the purpose of
either improving or injuring the prospects or chances of any person
examined, or to be examined under this article or commission rule.
SEC. 225. Section 88164 of the Education Code is amended to read:
88164. The governing board of any community college district not
paying the annual or monthly salaries of persons employed by the
district in 12 equal monthly payments may withhold, upon election by
the individual employee, from each payment made to that employee an
amount as follows:
(a) For an employee employed 11 months of a year, an amount equal
to 81/3 percent thereof and the total amount deducted to be paid not
later than the 10th day of September next succeeding.
(b) For an employee employed 10 months of a year, an amount equal
to 162/3 percent thereof and the total amount deducted to be paid in
two equal monthly installments not later than the 10th day of August
and the 10th day of September next succeeding.
(c) For an employee employed nine months a year, an amount equal
to 25 percent thereof and the total amount deducted to be paid in
three equal monthly installments not later than the 10th day of July,
the 10th day of August and the 10th day of September next
succeeding.
If Section 85244 is made applicable to any district, this section
shall apply except that the amount deducted from each regular pay
period and ultimate dates for payment of the amount deducted shall be
computed and set in accordance with the system adopted under Section
85244.
Once an employee has elected to be brought under the provisions of
this section, the election shall not be revocable until the
commencement of the next ensuing fiscal year. However, if any
employee leaves the service of the district by death or otherwise
before receiving moneys that may be due him or her, the amount due
the employee shall be paid within 30 days of the last working day to
the employee or any other person entitled thereto by law.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 226. Section 88165 of the Education Code is amended to read:
88165. Orders for the payment of wages and payroll orders and
warrants for the payment of wages of employees a part of the
classified service in any community college district shall be drawn
at least once during each calendar month, for those districts not
using Section 85244 or 85260. Payment shall be made on the last
working day of the month in which the employee was in paid status.
This section shall not prohibit a community college district from
making a payment of earned salary prior to the last working day of
the pay period or of the month.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 227. Section 88167 of the Education Code is amended to read:
88167. (a) Except as provided in subdivision (b), the governing
board of each community college district, when drawing an order for
the salary or wage payment due to a classified employee of the
district, may, without charge, reduce the order by the amount which
it has been requested in a revocable written authorization by the
employee to deduct for the payment of dues in, or for any other
service provided by, any bona fide organization, of which the
employee is a member, whose membership consists, in whole or in part,
of employees of that district, and which has, as one of its
objectives, improvements in the terms or conditions of employment for
the advancement of the welfare of those employees.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is an
increase in the amount required for such a payment to the
organization, the employee organization shall provide the employee
with adequate and necessary data on the increase at a time
sufficiently prior to the effective date of the increase to allow the
employee an opportunity to revoke the written authorization, if
desired. The employee organization shall provide the public school
employer with notification of the increase at a time sufficiently
prior to the effective date of the increase to allow the employer an
opportunity to make the necessary changes and with a copy of the
notification of the increase which has been sent to all concerned
employees.
Upon receipt of a properly signed authorization for payroll
deductions by a classified employee pursuant to this section, the
governing board shall reduce the employee's pay warrant by the
designated amount in the next pay period following the closing date
for receipt of changes in pay warrants.
The governing board, on the same designated date of each month,
shall draw its order upon the funds of the district in favor of the
organization designated by the employee for an amount equal to the
total of the respective deductions made with respect to such
organization during the pay period.
The governing board shall not require the completion of a new
deduction authorization when a dues increase has been effected or at
any other time without the express approval of the concerned employee
organization.
(b) The governing board of each community college district, when
drawing an order for the salary or wage payment due to a classified
employee of the district may, without charge, reduce the order for
the payment of dues to, or for any other service provided by, the
certified or recognized organization of which the classified employee
is a member, or for the payment of service fees to the certified or
recognized organization as required in an organizational security
arrangement between the exclusive representative and a community
college district employer as provided under Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government Code.
However, the organizational security arrangement shall provide that
any employee may pay service fees directly to the certified or
recognized employee organization in lieu of having the service fees
deducted from the salary or wage order.
(c) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).
SEC. 228. Section 88168 of the Education Code is amended to read:
88168. Upon initial employment and upon each change in
classification thereafter, each classified employee shall be
furnished two copies of his or her class specification, salary data,
assignment or work location, together with duty hours and the
prescribed workweek. The salary data shall include the annual,
monthly or pay period, daily, hourly, overtime and differential rate
of compensation, whichever are applicable. One copy shall be
retained by the employee and the other copy shall be signed and dated
by the employee and returned to his or her supervisor.
This section shall not apply to short-term, limited-term, or
provisional employees, as those terms are defined in this chapter.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 229. Section 88185 of the Education Code is amended to read:
88185. An employee receiving differential compensation on the
basis of his or her shift shall not lose that compensation if the
employee is temporarily, for 20 working days or less, assigned to a
shift not entitled to that compensation. The regular rate of pay for
all purposes of an employee assigned to a shift which provides
differential compensation shall be the differential rate.
SEC. 230. Section 88191 of the Education Code is amended to read:
88191. Every classified employee employed five days a week by a
community college district shall be entitled to 12 days leave of
absence for illness or injury and such additional days, in addition
thereto, as the governing board may allow for illness or injury,
exclusive of all days the employee is not required to render service
to the district, with full pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year, is entitled to that proportion of
12 days leave of absence for illness or injury as the number of
months the employee is employed bears to 12 and the proportionate
amount, consistent with this formula, of such additional days, in
addition thereto, authorized by the governing board for classified
employees employed five days a week for a full fiscal year of
service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days the
employee is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service.
When these persons are employed for less than a full fiscal year
of service, this and the preceding paragraph shall determine that
proportion of leave of absence for illness or injury to which they
are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking that
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall
not be eligible to take more than six days, or the proportionate
amount to which the employee may be entitled under this section,
until the first day of the calendar month after completion of six
months of active service with the district.
If the employee does not take the full amount of leave allowed in
any year under this section, the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
The governing board of each community college district shall adopt
rules and regulations requiring and prescribing the manner of proof
of illness or injury for the purpose of this section. These rules
and regulations shall not discriminate against evidence of treatment
and the need therefor by the practice of the religion of any
well-recognized religious sect, denomination or organization.
This section shall not apply to a district in which the full-time
equivalent student of the district is in excess of 400,000, if the
district maintains sick leave policies not less than those in effect
in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 231. Section 88192 of the Education Code is amended to read:
88192. Governing boards of community college districts shall
provide, by rules and regulations, for industrial accident or illness
leaves of absence for employees who are a part of the classified
service. The governing board of any district that is created or
whose boundaries or status is changed by an action to organize or
reorganize districts completed after January 1, 1975, shall provide,
by rules and regulations, for such leaves of absence on or before the
date on which the organization or reorganization of the district
becomes effective for all purposes.
The rules and regulations shall include all of the following
provisions:
(a) Allowable leave shall not be
for less than 60 working days in any one fiscal year for the same
accident.
(b) Allowable leave shall not be accumulative from year to year.
(c) Industrial accident or illness leave of absence will commence
on the first day of absence.
(d) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(e) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(f) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
The industrial accident or illness leave of absence is to be used
in lieu of entitlement acquired under Section 88191. When
entitlement to industrial accident or illness leave has been
exhausted, entitlement to other sick leave will then be used; but if
an employee is receiving workers' compensation, the person shall be
entitled to use only so much of the person's accumulated or available
sick leave, accumulated compensating time, vacation or other
available leave which, when added to the workers' compensation award,
provide for a full day's wage or salary.
The governing board, by rule or regulation, may provide for
additional leave of absence, paid or unpaid, as it deems appropriate
and during that leave the employee may return to the person's
position without suffering any loss of status or benefits.
Periods of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
During all paid leaves of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board, the employee shall endorse to the district wage loss
benefit checks received under the workers' compensation laws of this
state. The district, in turn, shall issue the employee appropriate
warrants for payment of wages or salary and shall deduct normal
retirement and other authorized contributions. Reduction of
entitlement to leave shall be made only in accordance with this
section.
When all available leaves of absence, paid or unpaid, have been
exhausted and if the employee is not medically able to assume the
duties of the person's position, the person, if not placed in another
position, shall be placed on a reemployment list for a period of 39
months. When available, during the 39-month period, the person shall
be employed in a vacant position in the class of the person's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the person shall be listed in accordance with
appropriate seniority regulations.
The governing board may require that an employee serve, or have
served continuously, a specified period of time with the district
before the benefits provided by this section are made available to
the person. However, that period shall not exceed three years. All
service of an employee prior to the effective date of this section
shall be credited in determining compliance with the requirement.
Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, remain within the State of
California unless the governing board authorizes travel outside the
state.
In the absence of rules and regulations adopted by the governing
board pursuant to this section, an employee shall be entitled to
industrial and accident or illness leave as provided in this section
but without limitation as to the number of days of that leave and
without any requirement of a specified period of service.
An employee who has been placed on a reemployment list, as
provided herein, who has been medically released for return to duty
and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 232. Section 88194 of the Education Code is amended to read:
88194. Every person employed in the classified service of any
community college district shall be granted necessary leave of
absence, not to exceed three days, or five days if out-of-state
travel is required, on account of the death of any member of his or
her immediate family. No deduction shall be made from the salary of
the employee nor shall such leave be deducted from leave granted by
other sections of this code or provided by the governing board of the
district. The governing board may enlarge the benefits of this
section and may expand the class of relatives listed below as members
of the immediate family. "Members of the immediate family," as
used in this section, means the mother, father, grandmother,
grandfather, or a grandchild of the employee or of the spouse of the
employee, and the spouse, son, son-in-law, daughter, daughter-in-law,
brother, or sister of the employee, or any relative living in the
immediate household of the employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 233. Section 88195 of the Education Code is amended to read:
88195. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The board may renew the
leave of absence, paid or unpaid, for two additional six-month
periods or lesser leave periods that it may provide but not to exceed
a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which he or she was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If, at the conclusion of all leaves of absence, paid or unpaid,
the employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time during the prescribed 39 months that the employee is
able to assume the duties of his or her position, the employee shall
be reemployed in the first vacancy in the classification of his or
her previous assignment. The employee's reemployment shall take
preference over all other applicants except for those laid off for
lack of work or funds under Section 88117 in which case the employee
shall be ranked according to his or her proper seniority. Upon
resumption of the employee's duties, the break in service will be
disregarded and the employee shall be fully restored as a permanent
employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 234. Section 88196 of the Education Code is amended to read:
88196. When a person employed in the classified service is absent
from his or her duties on account of illness or accident for a
period of five months or less, whether or not the absence arises out
of or in the course of employment of the employee, the amount
deducted from the salary due the employee for any month in which the
absence occurs shall not exceed the sum which is actually paid a
substitute employee employed to fill the employee's position during
his or her absence.
Except in a district where the governing board has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from the employee's duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under Section 88192 if the absence is
for industrial accident or illness and shall be used after
entitlement to all regular sick leave, accumulated compensating time,
vacation or other available paid leave has been exhausted.
This section shall not apply to any community college district
that adopts and maintains, in effect, a rule which provides that a
regular classified employee shall be credited once a year with a
total of not less than 100 working days of paid sick leave, including
days to which he or she is entitled under Section 88191. These days
of paid sick leave, in addition to those required by Section 88191,
shall be compensated at not less than 50 percent of the employee's
regular salary. The paid sick leave authorized under such a rule
shall be exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.
SEC. 235. Section 88197 of the Education Code is amended to read:
88197. (a) Every community college district shall grant to
regular classified employees an annual vacation at the regular rate
of pay earned at the time the vacation is commenced. The vacation
shall be as determined by the community college district, but shall
be not less than five-sixths of a day for each month in which the
employee is in a paid status for more than one-half the working days
in the month, if the employee is regularly employed five days per
week, seven to eight hours a day. An employee in a paid status for
less than one-half the working days in a month shall have his or her
vacation credit accrued on the basis provided for in subdivision (b)
or (c).
(b) In lieu of accrual of vacation credit on a monthly basis and
proration as prescribed in subdivision (a), a district may provide
for accrual of vacation credit on any of the following bases:
(1) For all employees or classes of employees who work a full
workweek of 40 hours, the district shall provide 0.03846 hour of
vacation credit for each hour of paid service, not including
overtime.
(2) For all employees or classes of employees who work a full
workweek of 37.5 hours, the district shall provide 0.04087 hour of
vacation credit for each hour of paid service, not including
overtime.
(3) For all employees or classes of employees who work a full
workweek of 35 hours, the district shall provide 0.04379 hour of
vacation credit for each hour of paid service, not including
overtime.
(c) For all employees regularly employed for fewer than 35 hours a
week, regardless of the number of hours or days worked per week, the
vacation credit shall be computed at the rate of 0.03846 for each
hour the employee is in paid status, not including overtime.
(d) Vacation, with the approval of the employer, may be taken at
any time during the college year. If the employee is not permitted
to take his or her full annual vacation, the amount not taken shall
accumulate for use in the next year or be paid for in cash at the
option of the governing board.
(e) Earned vacation shall not become a vested right until
completion of the initial six months of employment.
(f) The employee may be granted vacation during the college year
even though not earned at the time the vacation is taken.
(g) If an employee is terminated and had been granted vacation
which was not yet earned at the time of termination of his or her
services, the employer shall deduct from the employee's severance
check the full amount of salary which was paid for such unearned days
of vacation taken.
(h) Upon separation from service, the employee shall be entitled
to lump-sum compensation for all earned and unused vacation, except
that employees who have not completed six months of employment in
regular status shall not be entitled to such compensation.
(i) This section shall not apply to substitute, short-term, or
limited-term employees, as defined in Sections 88003 and 88105,
unless those employees are specifically included by the district.
(j) The district may expand the benefits provided for in this
section.
(k) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060).
SEC. 236. Section 88198 of the Education Code is amended to read:
88198. When any provision of this code expressly authorizes or
requires the governing board of a community college district to grant
a leave of absence for any purpose or for any period of time to
persons employed in classified positions, that express authorization
or requirement shall not deprive the governing board of the power to
grant leaves of absence with or without pay to those employees for
other purposes or for other periods of time, so long as the governing
board does not deprive any employee of any leave of absence to which
he or she is entitled by law.
SEC. 237. Section 88203 of the Education Code is amended to read:
88203. All probationary or permanent employees who are part of
the classified service shall be entitled to the following paid
holidays if they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (c) and (d) of Section 79020 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 for classified or academic employees. College
recesses during the Christmas and Easter periods shall not be
considered holidays for classified employees who are normally
required to work during that period; provided, however, that this
shall not be construed as affecting vacation rights specified in this
section.
Regular employees of the district who are not normally assigned to
duty during the college holidays of December 25 and January 1 shall
be paid for those two holidays if they were in a paid status during
any portion of the working day of their normal assignment immediately
preceding or succeeding the holiday period.
When a holiday herein listed falls on a Sunday, the following
Monday shall be deemed to be the holiday in lieu of the day observed.
When a holiday herein listed falls on a Saturday, the preceding
Friday shall be deemed to be the holiday in lieu of the day observed.
When a classified employee is required to work on any of said
holidays, he or she shall be paid compensation, or given compensating
time off, for such work, in addition to the regular pay received for
the holiday, at the rate of time and one-half his or her regular
rate of pay.
Article 3 (commencing with Section 79020) of Chapter 8 of Part 48
of this division shall not be construed to in any way limit this
section, nor shall anything in this section be construed to prohibit
the governing board from adopting separate work schedules for the
academic and the classified services, or from providing holiday pay
for employees who have not been in paid status on the days specified
herein. Notwithstanding the adoption of separate work schedules for
the academic and the classified services, on any schoolday during
which students would otherwise have been in attendance, but are not
and for which faculty receive regular pay, classified personnel shall
also receive regular pay whether or not they are required to report
for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day" if they are in a paid status during any
portion of the working day immediately preceding or succeeding the
holiday, if the governing board, pursuant to a memorandum of
understanding reached pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, agrees
to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 238. Section 88205 of the Education Code is amended to read:
88205. Prior to July 1 of any college year, the governing board
of any community college district may designate other days during
that year as the holidays to which classified employees are entitled
in lieu of the holidays on February 12 known as "Lincoln Day," the
third Monday in February known as "Washington Day," the last Monday
in May known as "Memorial Day," or November 11 known as "Veterans Day"
as specified in Section 88203, if the designated days provide for at
least a three-day weekend. Classified employees shall be required
to work on the regular holiday for which another day is designated
pursuant to this section, and for work of eight hours or less, shall
be paid compensation at their regular rate of pay.
If any classified employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of that holiday and therefore would not be entitled to a day
in lieu of the holiday, he or she shall be entitled to the regular
holiday; however, if the employee is required to work on that
holiday, he or she shall be paid compensation at the rate of time and
one-half of his or her regular rate of pay in addition to the
regular pay received for the holiday.
This section shall not be construed to authorize the maintenance
of colleges on holidays other than as provided in Article 3
(commencing with Section 79020) of Chapter 8 of Part 48.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 239. Section 88205.5 of the Education Code is amended to
read:
88205.5. Notwithstanding any other provision of law, if the
governing board of a community college district does not designate
September 9 known as "Admission Day" as a paid holiday for classified
employees, the district shall provide a substitute holiday for those
employees. The substitute holiday shall be provided as specified in
Section 88205.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
SEC. 240. Section 88206 of the Education Code is amended to read:
88206. Any community college district that requires any
classified employee to work a workweek other than Monday through
Friday, or if the classified employee consents to a workweek
including Saturday or Sunday, or both, and as a result thereof the
employee loses a holiday to which he or she would otherwise be
entitled, shall provide a substitute holiday for the employee, or
provide compensation in the amount to which the employee would have
been entitled had the holiday fallen within his or her normal work
schedule.
SEC. 241. Section 88207 of the Education Code is amended to read:
88207. Any days of absence for illness or injury earned pursuant
to Section 88191 may be used by the contract or regular employee, at
the employee's election, in cases of personal necessity, including
any of the following:
(a) Death of a member of the employee's immediate family when
additional leave is required beyond that provided both in Section
88194 and as a right by the governing board.
(b) Accident involving the person or property of the employee or
of a member of his or her immediate family.
(c) Appearance in any court or before any administrative tribunal
as a litigant, party, or witness under subpoena or any order made
with jurisdiction.
(d) Any other reasons that may be prescribed by the governing
board.
The governing board of each community college district shall adopt
rules and regulations requiring and prescribing the manner of proof
of personal necessity for the purpose of this section. No earned
leave in excess of seven days may be used in any college year for the
purposes enumerated in this section.
For purposes of this section, "immediate family" shall have the
same meaning as provided in Section 88194.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).
This section shall apply also to community college districts that
may be exempted from Section 88191. Authorized necessity leave shall
be deducted from sick leave earned under the provisions of the
exemption of Section 88191.
SEC. 242. Section 88227 of the Education Code is amended to read:
88227. The governing board of any community college district may
grant reimbursement of the costs, including tuition fees, to any
permanent classified employee who satisfactorily completes approved
training to improve his or her job knowledge, ability, or skill.
Programs eligible for reimbursement shall include, but not be limited
to, courses of study at approved academic institutions, seminars and
training institutes conducted by recognized professional
associations, and conferences, meetings, and other training programs
that are designed to upgrade the classified service and to encourage
retraining of employees who may otherwise be subject to layoff as the
result of technological changes. Eligibility for reimbursement
shall be in accordance with rules established by the personnel
commission in those districts that have adopted a merit system. This
section shall not apply to any employee who is receiving training
and is eligible for reimbursement by any other governmental agency,
organization, or association.
SEC. 243. Section 88245 of the Education Code is amended to read:
88245. No instructional aide shall give out any personal
information concerning any student who is not his or her own child or
ward, except under judicial process, to any person other than a
faculty member or administrator in the college which the student
attends. A violation of this section may be a cause for disciplinary
action, including dismissal.
SEC. 244. Section 88263 of the Education Code is amended to read:
88263. No employee transferred from community college district
service pursuant to this article to a position, the salary of which
is paid from the county school service fund, shall suffer any loss of
salary at the time of transfer, or as to the future as it relates to
his or her status on the salary scale of the county superintendent
of schools in effect at that time.
SEC. 245. Section 89002 of the Education Code, as added by Section
5 of Chapter 901 of the Statutes of 1994, is amended to read:
89002. The campuses authorized in paragraphs (19), (21), and (22)
of subdivision (a) of Section 89001 shall commence construction only
upon resolution of the trustees, approved by the California
Postsecondary Education Commission.
This section shall become operative on July 1, 1995.
SEC. 246. Section 89003 of the Education Code is repealed.
SEC. 247. Section 89004 of the Education Code is repealed.
SEC. 248. Section 89009 of the Education Code is repealed.
SEC. 249. Section 89032 of the Education Code is repealed.
SEC. 250. Section 89033 of the Education Code is repealed.
SEC. 251. Section 89036 of the Education Code is amended to read:
89036. (a) The trustees may enter into agreements with any public
or private agency, officer, person, or institution, corporation,
association, or foundation for the performance of acts or for the
furnishing of services, facilities, materials, or equipment by or for
the trustees or for the joint performance of an act or function or
the joint furnishing of services and facilities by the trustees and
the other party to the agreement.
The trustees may enter into agreements with the federal government
or any agency thereof in accordance with the procedures prescribed
by the federal government or agency in order to receive the benefits
of any federal statute extending benefits to the California State
University or to the California State University students, including,
but not limited to:
(1) Agreements with any agency of the federal government for the
education of persons in the service of the federal government.
(2) Agreements with any agency of the federal government for the
education of veterans. These agreements shall provide for payment of
the maximum amount permitted under the act, or acts, of Congress
under which the agreement is entered into.
Notwithstanding any other law, the trustees have all power
necessary to perform such acts and comply with conditions required or
imposed by the federal government in order to receive the benefits.
The trustees are vested with all necessary power and authority to
cooperate with any such agency of the federal government in the
administration of any applicable act of Congress and rules and
regulations adopted thereunder.
(b) Notwithstanding any other law, the trustees have all power
necessary to award contracts to one or more contractors, at any one
or more campuses, for the collection of delinquent education loans
required to be repaid under federal law.
SEC. 252. Section 89040 of the Education Code is repealed.
SEC. 253. Section 89046 of the Education Code is amended to read:
89046. The trustees may lease any property of a state university
for any purpose that they consider is not inconsistent with the
functions of the California State University including, but not
limited to:
(a) The lease of state university property to a nonprofit
organization composed exclusively of students of the university or
of members of the
faculty of the university, or both, for purposes related to the
activities of the university or for the activities of student or
faculty organizations.
(b) The lease of state university property to any nonprofit
organization for the purpose of constructing and using thereon
buildings as living quarters for students of the university and as
meetingplaces.
(c) The lease to any student or faculty organization of the
university of property for the purpose of establishing and
maintaining cooperative stores, and cafeterias in connection with
such stores.
Any rental received by the trustees under this or other leasing
sections shall be deposited in the State Treasury and credited to the
support appropriation of the California State University current
during the period of occupancy.
SEC. 254. Section 89047 of the Education Code is amended to read:
89047. (a) The trustees and the governing board of any school
district within which a campus of the California State University is
located may enter into an agreement providing for the leasing by the
state of a school building of the school district for use by the
campus as a laboratory demonstration elementary school on terms and
conditions that may be agreed upon by the trustees and the governing
board of the school district except as otherwise provided in this
section.
(b) The lease may be for a period not to exceed 20 years and, in
addition to any other terms and conditions set forth therein, shall
do all of the following:
(1) Require the school district to maintain the building at its
own expense.
(2) Require the campus to maintain a school therein open to pupils
of the school district residing in the attendance district for the
school as established by the governing board of the district.
(3) Require the school district to pay annually to the state on or
before the end of each fiscal year an amount determined by computing
the current expenditures per pupil in the elementary schools of the
district for the fiscal year and multiplying the amount so computed
by the average daily attendance for the fiscal year in the school in
excess of 400.
(c) Only the average daily attendance in the school in excess of
400 shall be credited to the school district.
(d) The average daily attendance of pupils in the school shall be
computed separately in the same manner as the average daily
attendance in other schools of the same grade maintained by the
school district.
SEC. 255. Article 3 (commencing with Section 89060) of Chapter 1
of Part 55 of the Education Code is repealed.
SEC. 256. Section 89070.45 of the Education Code is repealed.
SEC. 257. Section 89081 of the Education Code is repealed.
SEC. 258. Section 89082 of the Education Code is repealed.
SEC. 259. Section 89083 of the Education Code is repealed.
SEC. 260. Section 89211 of the Education Code is repealed.
SEC. 261. Section 89241 of the Education Code is repealed.
SEC. 262. Section 89242 of the Education Code is repealed.
SEC. 263. Article 6 (commencing with Section 89250) is added to
Chapter 2 of Part 55 of the Education Code, to read:
Article 6. California State University Educational Opportunity
Program
89250. This article shall be known as the California State
University Educational Opportunity Act.
89251. There is a state student assistance program known as the
State University Educational Opportunity Program. It is the purpose
of the program to provide educational assistance and grants for
undergraduate study at the California State University to students
who are economically disadvantaged or educationally and economically
disadvantaged, but who display potential for success in accredited
curricula offered by the California State University.
For the purposes of this chapter, the following applies:
(a) "Educational agency" means an agency, other than a federal
agency, which is supported in whole or in part by funds appropriated
for educational purposes.
(b) "State agency" means every state office, officer, department,
division, bureau, board, and commission.
(c) "Trustees" means the Trustees of the California State
University.
(d) The residence of a recipient shall be determined in accordance
with the rules for determining residence prescribed by Chapter 1
(commencing with Section 68000) of Part 41 and Article 1 (commencing
with Section 89700) of Chapter 6 of Part 52.
89252. California State University Educational Opportunity
Program grants may be awarded to persons selected for enrollment in
programs authorized by the trustees according to the procedures
established by the trustees. A person selected for a grant shall be
a resident of this state, shall be a high school graduate or have,
pursuant to the procedures, equivalent qualifications, and shall have
been nominated by his or her high school or community college, the
Veterans Administration, a state agency or educational agency
designated by the trustees, or a state university president. The
trustees shall determine eligibility for grants awarded pursuant to
this article. The grants may be granted and renewed according to
standards set by the trustees until the student has received a
baccalaureate degree or has completed five academic years, whichever
occurs first. In special circumstances, as in the case of illness,
military service, or family hardship, the trustees may renew the
grant beyond the fifth year of study, provided the student has not
received a baccalaureate degree. When the recipient is an enrollee
in a special educational opportunity program approved by the
trustees, for the purposes of this article, the state university
sponsoring the program shall receive from the trustees reimbursement
of up to sixty dollars ($60) per month per enrollee up to 12 months'
support.
89253. Grants shall be provided for students who display
potential for success in accredited curricula offered by the
California State University, but lack the necessary funds to pay for
tuition, books, and room and board, provided the students meet the
standards of the state university that they are attending or the
requirements for the special admissions program established by the
trustees.
89254. Grants awarded pursuant to this article shall be in an
amount sufficient to pay the costs of a student, during his or her
course of study, for tuition, books, and room and board in accordance
with his or her needs as shall be determined by the trustees. No
student shall be awarded a grant in excess of two thousand dollars
($2,000) per academic year. The trustees shall require that each
applicant for a grant pursuant to this chapter also make prior or
concurrent application for a federal basic educational opportunity
grant, unless the trustees are satisfied that the applicant is not
eligible for that federal grant.
89255. The amount of the grant awarded pursuant to Section 89254
may be increased above the maximum amount specified in that section
to the extent that the Legislature expressly makes funds available
for purposes of this section in the budget for that fiscal year.
89256. Each high school or community college in this state may
nominate to the trustees students it deems deserving of the grants
made available under this article. The trustees shall compile a list
of students so nominated from which it may select students for
grants in accordance with standards set by the trustees pursuant to
this article. The Veterans Administration, any state agency, or
educational agency designated by the trustees, or any president of a
California State University may nominate persons whom they deem
eligible for the grants.
89257. Records of the academic progress of each student attending
a campus of the California State University under a grant shall be
kept by each campus of the California State University having a
program and forwarded to the trustees in order that the program
created by this article may be evaluated.
89258. Each campus of the California State University may submit
plans for a special educational opportunity program for approval by
the trustees. Each program qualifying shall be authorized a program
director and may be authorized as many special qualified counselors
and advisers and the related operating and equipment support as is
appropriate.
SEC. 264. Section 89300 of the Education Code is amended to read:
89300. A student body organization may be established at any
state university under the supervision of the university officials
for the purpose of providing essential activities closely related to,
but not normally included as a part of, the regular instructional
program of the university. The organization may also operate a
campus store, a cafeteria, and other projects not inconsistent with
the purposes of the university, and property of the university may be
leased to the organization for those purposes.
The trustees may fix fees for voluntary membership in the
organization established at a state university.
Notwithstanding any law to the contrary, if a student body
organization is established at any state university, upon the
favorable vote of two-thirds of the students voting in an election
held for this purpose, in a manner that the trustees shall prescribe,
and open to all regular students enrolled in the university, the
trustees shall fix a membership fee which shall be required of all
regular, limited, and special session students attending the
university. No fees shall be charged to students registering solely
in extension classes.
The trustees may approve an increase or decrease in the student
body fee only after the fee increase or decrease has been approved by
a majority of students voting in a referendum established for that
purpose.
The required fee shall be subject to referendum at any time upon
the presentation of a petition to the president of the university
containing the signatures of 10 percent of the regularly enrolled
students at the university. A successful referendum shall take effect
with the beginning of the academic year following that in which the
election was held.
Payment of membership fees pursuant to this section shall be a
prerequisite to enrollment in the university, except that if
sufficient funds are available , any state university
student, subject to the regulations of the trustees establishing
standards in that regard, may agree to work off the amount of the fee
at the prevailing rate of the university for student assistants.
The trustees may adopt regulations setting standards for determining
which students shall be eligible to work off the amount of the fee.
The revenues raised pursuant to this section may, in addition to
expenditures for other lawful purposes involved in the operations of
the student body organization, be expended to provide for the support
of governmental affairs representatives who may be attending upon
the State Legislature or upon offices and agencies in the executive
branch of the state government.
SEC. 265. Section 89310 of the Education Code is amended to read:
89310. The trustees may authorize the allowance of actual and
necessary traveling expenses to students to participate in the study
of matters relating to education at the California State University
or in activities that, in the judgment of the president of a
particular campus, are integrally related to its formal instructional
offerings. Traveling expenses shall not be allowed with respect to
student lobbyists or representatives in Sacramento.
Section 11032 of the Government Code does not apply to allowances
authorized by this section.
SEC. 266. Section 89537 of the Education Code is amended to read:
89537. "Unprofessional conduct" as used in Section 89535
includes, but is not limited to, willful advocacy of the overthrow of
the government of the United States or of the state, by force,
violence or other unlawful means, either on or off the campus.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
SEC. 267. Section 89703 of the Education Code is repealed.
SEC. 268. Article 2 (commencing with Section 90420) of Chapter 10
of Part 55 of the Education Code is repealed.
SEC. 269. Article 3 (commencing with Section 90430) of Chapter 10
of Part 55 of the Education Code is repealed.
SEC. 270. Article 4 (commencing with Section 90440) of Chapter 10
of Part 55 of the Education Code is repealed.
SEC. 271. Article 2 (commencing with Section 90510) of Chapter 11
of Part 55 of the Education Code is repealed.
SEC. 272. The heading of Article 2 (commencing with Section 92010)
of Chapter 1 of Part 57 of the Education Code is repealed.
SEC. 273. Section 92010 of the Education Code is repealed.
SEC. 274. An article heading is added immediately preceding
Section 92020 of the Education Code, to read:
Article 3. Meetings of the Regents
SEC. 275. The heading of Article 3 (commencing with Section 92030)
of Chapter 1 of Part 57 of the Education Code is repealed.
SEC. 275.5. Article 2 (commencing with Section 92230) of Chapter 3
of Part 57 of the Education Code is repealed.
SEC. 276. Chapter 5.5 (commencing with Section 92580) of Part 57
of the Education Code is repealed.
SEC. 276.5. Chapter 5.7 (commencing with Section 92590) of Part 57
of the Education Code is repealed.
SEC. 277. Section 92610 of the Education Code is repealed.
SEC. 278. Section 92620 of the Education Code is amended to read:
92620. It is the intent of the Legislature that the Regents of
the University of California shall eliminate all policies that
detrimentally and unreasonably affect the employment status of
females hired by the university.
SEC. 279. Article 4 (commencing with Section 92630) of Chapter 6
of Part 57 of the Education Code is repealed.
SEC. 280. Section 92697 of the Education Code is repealed.
SEC. 281. Section 94050 of the Education Code is amended to read:
94050. (a) It is the intent of the Legislature in enacting this
chapter to prevent deceptive and misleading use of the terms "college"
and "university" by businesses and other organizations that present
themselves as institutions of higher education but are not authorized
to operate as private postsecondary educational institutions under
Chapter 3 (commencing with Section 94300).
(b) No person shall designate a business, social, political,
religious, or other organization operating in this state, including,
but not limited to, any firm, association, partnership, or
corporation, as a "college" or "university."
(c) This section does not apply to the designation of any of the
following:
(1) A postsecondary or vocational educational institution
established, operated, and governed by a public entity, or by a firm,
association, partnership, or corporation using the name of that
institution with the permission of the institution.
(2) A private postsecondary educational institution that has been
approved by the Council for Private Postsecondary and Vocational
Education pursuant to Chapter 3 (commencing with Section 94300) or
that is described in Section 94303. Nothing in this section
precludes the Council for Private Postsecondary and Vocational
Education from requiring an institution to meet additional standards
in order to be designated as a "college" or "university."
(3) A nonprofit religious institution described in paragraph (5)
of subdivision (t) of Section 94302.
(4) A bona fide trade, business, professional, or fraternal
organization that either sponsors no educational services or sponsors
educational services solely for the membership of the organization.
(d) The Council for Private Postsecondary and Vocational Education
may grant exemptions from the application of this section to
individual organizations, as determined appropriate by the council,
and may adopt regulations establishing exemptions, as determined
appropriate by the council, for specific categories of organizations.
The council shall annually submit to the Legislature and Governor a
list of all individual and categorical exemptions granted pursuant
to this subdivision.
(e) Any person violating this section is guilty of a misdemeanor.
(f) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 281.5. Section 94050 is added to the Education Code, to read:
94050. (a) It is the intent of the Legislature in enacting this
chapter to prevent deceptive and misleading use of the terms "college"
and "university" by businesses and other organizations that present
themselves as institutions of higher education but are not authorized
to operate as private postsecondary educational institutions under
Chapter 7 (commencing with Section 94700).
(b) No person shall designate a business, social, political,
religious, or other organization operating in this state, including,
but not limited to, any firm, association, partnership, or
corporation, as a "college" or "university."
(c) This section does not apply to the designation of any of the
following:
(1) A postsecondary or vocational educational institution
established, operated, and governed by a public entity, or by a firm,
association, partnership, or corporation using the name of that
institution with the permission of the institution.
(2) A private postsecondary educational institution that has been
approved by the Council for Private Postsecondary and Vocational
Education pursuant to Chapter 7 (commencing with Section 94700) or
that is described in Section 94702. Nothing in this section
precludes the Council for Private Postsecondary and Vocational
Education from requiring an institution to meet additional standards
in order to be designated as a "college" or "university."
(3) A nonprofit religious institution described in subdivision (e)
of Section 94733.
(4) A bona fide trade, business, professional, or fraternal
organization that either sponsors no educational services or sponsors
educational services solely for the membership of the organization.
(d) The Council for Private Postsecondary and Vocational Education
may grant exemptions from the application of this section to
individual organizations, as determined appropriate by the council,
and may adopt regulations establishing exemptions, as determined
appropriate by the council, for specific categories of organizations.
The council shall annually submit to the Legislature and Governor a
list of all individual and categorical exemptions granted pursuant
to this subdivision.
(e) Any person violating this section is guilty of a misdemeanor.
(f) This section shall become operative on January 1, 1997.
SEC. 282. Chapter 3 (commencing with Section 94300) of Part 59 of
the Education Code is repealed.
SEC. 283. Section 94355 of the Education Code is amended to read:
94355. (a) As a condition of doing business in this state, each
postsecondary educational institution governed by Chapter 3
(commencing with Section 94300) of Part 59, and each organization
that administers educational testing for use in the admissions
process by any public or private postsecondary educational
institution, shall, in administering any test or examination, permit
any student who is eligible to undergo the test or examination to do
so, without penalty, at a time when that activity would not violate
the student's religious creed.
(b) This requirement shall not apply in the event that
administering the test or examination at an alternate time would
impose an undue hardship which could not reasonably have been
avoided. In any court proceeding in which the existence of an undue
hardship which could not reasonably have been avoided is an issue,
the burden of proof shall be upon the institution.
(c) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 283.5. Section 94355 is added to the Education Code, to read:
94355. (a) As a condition of doing business in this state, each
postsecondary educational institution governed by Chapter 7
(commencing with Section 94700), and each organization that
administers educational testing for use in the admissions process by
any public or private postsecondary educational institution, shall,
in administering any test or examination, permit any student who is
eligible to undergo the test or examination to do so, without
penalty, at a time when that activity would not violate the student's
religious creed.
(b) This requirement shall not apply in the event that
administering the test or examination at an alternate time would
impose an undue hardship which could not reasonably have been
avoided. In any court proceeding in which the existence of an undue
hardship that could not reasonably have been avoided is an issue, the
burden of proof shall be upon the institution.
(c) This section shall become operative on January 1, 1997.
SEC. 284. Chapter 7 (commencing with Section 94700) is added to
Part 59 of the Education Code, to read:
CHAPTER 7. PRIVATE POSTSECONDARY AND VOCATIONAL INSTITUTIONS
Article 1. General Provisions
94700. This chapter shall be known, and may be cited, as the
"Private Postsecondary and Vocational Education Reform Act of 1989."
94701. It is the intent of the Legislature to promote the
effective integration of private postsecondary education into all
aspects of California's education system and to foster and improve
the educational programs and services of these institutions while
protecting the citizens of the state from fraudulent or substandard
operations.
It is further the intent of the Legislature to recognize the
enormous diversity of California's private postsecondary educational
enterprise, with its approximately 3,000 privately supported
institutions of academic and vocational education.
It is further the intent of the Legislature to provide for the
protection, education, and welfare of the citizens of California, its
postsecondary educational institutions, and its students by
providing for all of the following:
(a) Ensuring minimum standards of instructional quality and
institutional stability for all students in all types of
institutions, and thereby encouraging the recognition by public and
private institutions of completed coursework and degrees and diplomas
issued by private institutions, to the end that students will be
provided equal opportunities for equal accomplishment and ability.
(b) Establishing minimum standards concerning the quality of
education, ethical and business practices, health and safety, and
fiscal responsibility to provide protections against substandard,
transient, unethical, deceptive, or fraudulent institutions and
practices.
(c) Prohibiting the granting of false or misleading educational
credentials.
(d) Prohibiting misleading literature, advertising, solicitation,
or representations by private educational institutions or their
agents.
(e) Recognizing the importance of providing adequate funding
through application and renewal fees and federal funding for the
veteran's approval process to support the state's activities in
implementing this chapter.
(f) Protecting the consumer and students against fraud,
misrepresentation, or other practices which may lead to an improper
loss of funds paid for educational costs, whether financed through
personal resources or state and federal student financial aid.
(g) Establishing a path for the development of institutions
offering fields of study or methods of instruction and innovative
educational delivery systems not previously recognized, in order to
encourage them to become fully approved institutions.
(h) Recognizing and encouraging quality nongovernmental
accreditation, while not ceding to that or any other nongovernmental
process the responsibility for state oversight for purposes of
approval if the accreditation process fails either to protect minimum
standards of quality or to acknowledge legitimate innovative methods
in postsecondary education.
(i) Establishing an administrative agency staffed by individuals
who are knowledgeable about private academic and vocational
education, and charged with the responsibility of developing policies
and procedures for the oversight and approval of private
postsecondary and vocational education, including the responsibility
for managing a broadly construed policy and planning process that
seeks to improve state accountability for private postsecondary and
vocational education, as well as to improve the articulation of
private postsecondary and vocational education with the public and
independent postsecondary educational community. It is the intent of
the Legislature that current employees of the Private Postsecondary
Education Division of the State Department of Education shall be
covered by Section 19050.9 of the Government Code during the
establishment of the new administrative agency. This new body should
provide the leadership and planning needed to maintain and develop a
strong private sector of this community.
94702. (a) Article 3 (commencing with Section 94740) and Article
4 (commencing with Section 94760), subdivision (c) of Section 94930,
Section 94932, Sections 94940 to 94953, inclusive, and Sections
94960, 94961, 94975, 94979, 94981, 94982, 94983, and 94984 do not
apply to an institution that is accredited by one of the following:
(1) The Western Association of Schools and Colleges, if the
institution meets either of the following requirements:
(A) The institution exclusively confers degrees upon the
completion of a course of study of two or more years.
(B) The institution is incorporated and lawfully operates as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code
and is not managed or administered by any entity for profit.
(2) Any nationally accredited agency recognized by the
United States Department of Education, if the council has determined,
subsequent to an onsite qualitative review and assessment of the
institution conducted at least once every three years, as described
in Sections 94770 to 94774, inclusive, that the institution complies
with all of the following:
(A) The institution meets the financial responsibility
requirements set forth in subdivision (b) of Section 94800.
(B) The faculty of the institution meets the requirements set
forth in subdivision (b) of Section 94761.
(C) The institution's average cohort default rate on guaranteed
student loans for the three most recent years, as published by the
United States Department of Education, does not exceed 10 percent.
(D) The institution has operated in this state for at least three
years before seeking accreditation in accordance with this section.
(E) The institution submits to the council copies of the most
recent IRS Form 990 and the Integrated Postsecondary Education Data
System Report of the United States Department of Education.
(F) The institution pays fees in accordance with Section 94960,
and subdivisions (a) and (i) of Section 94961.
(G) The institution exclusively confers degrees upon the
completion of a course of study of two or more years.
(H) The institution is incorporated and lawfully operates as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code
and is not managed or administered by any entity for profit.
(b) Within 30 days of any action by any accrediting agency that
establishes, reaffirms, or publicly sanctions the accreditation of a
private institution operating in the state, the accrediting agency
shall notify the council of that action and provide a copy of any
public statements regarding the reasons for sanctions.
94703. No person shall own or operate a school, or give
instruction, for the driving of motor trucks of three or more axles
that are more than 6,000 pounds unladen weight unless all of the
following conditions are met:
(a) The school or instruction has been approved by the council.
(b) The school, at the time of application and thereafter,
maintains both of the following:
(1) Proof of compliance with liability insurance requirements that
are the same as those established by the Department of Motor
Vehicles for a driving school owner, pursuant to Section 11103 of the
Vehicle Code, unless the council deems it necessary to establish a
higher level of insurance coverage.
(2) A satisfactory safety rating by the Department of the
California Highway Patrol is established pursuant to Division 14.8
(commencing with Section 34500) of the Vehicle Code.
(c) The driving instructors meet the requirements set forth in
Section 11104 of the Vehicle Code.
(d) All vehicles used in driver training are maintained in safe
mechanical condition at all times.
(e) Any other terms and conditions required by the council to
protect the public safety or to meet the requirements of this
chapter.
94703.5. (a) All institutions that were certified to offer flight
instruction by the Federal Aviation Administration (FAA) and that
operated in California on December 31, 1990, pursuant to prior
authority of subdivision (a) or (b) of former Section 94311, shall
receive approval from the council for a period not to exceed three
years. On or before June 30, 1995, the council shall work in
cooperation with the FAA to review each of these institutions to
determine whether the institution is in compliance with the
requirements of this chapter. It is the intent of the Legislature
that the council develop a memorandum of understanding with the FAA
to delineate the responsibilities of each agency for the approval and
monitoring of these private vocational institutions that were
operating on December 31, 1990, under the prior authority of
subdivision (a) or (b) of former Section 94311. It is further the
intent of the Legislature that this memorandum of understanding be
introduced as legislation on or before February 1, 1995, for
enactment as amendments to this act. It is the intent of the
Legislature that all institutions whose cumulative gross student loan
default rate is above 40 percent, as determined by the Student Aid
Commission, shall be reviewed by the FAA and the council to determine
if these institutions are in compliance with the requirements of
this chapter and should continue to be approved to offer educational
programs in California.
(b) Institutions certified to offer flight instruction by the FAA,
or its successor agency, shall comply with all of the requirements
of Article 7 (commencing with Section 94810) or Article 9 (commencing
with Section 94840), whichever is applicable, but shall not be
required to file any materials with the council that are not required
by the FAA or its successor agency, except those minimally necessary
to administer the Student Tuition Recovery Fund, pursuant to Section
94981, as determined by the council. The council shall be
responsible for monitoring and enforcing institutional compliance for
these institutions.
(c) This chapter shall not apply to individual flight instructors
not requiring any advance payments, who do not negotiate a formal
contract of indebtedness, and who do not have an established place of
business other than their residences.
94704. (a) The council may bring an action for equitable relief
for any violation of this chapter. The equitable relief may include
restitution, a temporary restraining order, the appointment of a
receiver, and a preliminary or permanent injunction. The action may
be brought in the county in which the defendant resides or in which
any violation has occurred or may occur.
(b) The remedies provided in this section supplement, and do not
supplant, the remedies and penalties under other provisions of law.
94705. The director of the council may purchase annuity contracts
for permanent employees of the council and shall reduce the salaries
of the employees for whom the contracts are purchased by the amount
of the costs of the contract if all of the following conditions are
met:
(a) The annuity contract is under an annuity plan that meets the
requirements of subdivision (b) of Section 403 of the Internal
Revenue Code and Section 17512 of the Revenue and Taxation Code.
(b) The employee applies to the director for the purchase of the
contract and reduction of salary.
(c) All provisions of the Insurance Code and the Government Code
applicable to the purchase of this type of annuity are satisfied.
Article 2. Definitions
94710. The definitions set forth in this article govern the
construction of this chapter, unless the context requires otherwise.
94711. "Accredited" means that an institution has been recognized
or approved as meeting the standards established by an accrediting
agency recognized by the United States Department of Education or the
Committee of Bar Examiners for the State of California. It shall
not include those institutions that have applied for accreditation or
are identified by accrediting associations as candidates for
accreditation or have provisional accreditation.
94712. "Agency" means any person or business entity, regardless
of the form of organization, that employs, or in any manner contracts
with, one or more agents. "Agency" does not include an institution.
94713. "Agency approval" means a written document issued by the
council authorizing a business entity or an institution to engage in
the recruitment of students for enrollment in private postsecondary
and vocational institutions approved under this chapter.
94714. "Agent" means any person who, at a place away from the
institution's premises or site of instruction, for consideration,
solicits, promotes, advertises, offers, or attempts to secure
enrollment for an institution, refers any person to an institution
either for enrollment or to receive a solicitation for enrollment, or
accepts application fees or admissions fees for education in an
institution. Administrators and faculty who make informational
public appearances, but whose primary task does not include service
as a paid recruiter, are exempt from this definition.
94715. "Agent's permit" means a nontransferable written document
issued to an agent pursuant to this chapter by the council.
94716. "Applicant" means a new institution that has submitted an
application but has not been evaluated by the council. An applicant
institution shall not enroll students or offer educational services.
94717. "Approval" or "approval to operate" means the council has
determined and certified that an institution meets minimum standards
established by the council for integrity, financial stability, and
educational quality, including the offering of bona fide instruction
by qualified faculty and the appropriate assessment of students'
achievement prior to, during, and at the end of its program.
94718. "Branch" means a site located within 50 miles of the main
location. Only educational services that are approved at the main
location shall be offered at the branch. For the purpose of
conducting onsite inspections and evaluations, hotel conference
rooms, faculty offices, and homes are not considered branches.
94719. "Certificate of authorization for service" means a
written, nontransferable document issued by the council authorizing
an individual to be an instructor or administrator in any private
vocational postsecondary educational institution in California that
is approved under Section 94781.
94720. "Change of location" means a move of up to 25 miles of the
location at which an institution offers any education, training, or
instruction. A change of location of 25 or more miles is deemed the
establishment of a new location of instruction requiring a separate
approval to operate, unless otherwise provided by the council.
94721. "Correspondence school" or "home study school" means any
institution that provides correspondence lessons for study and
completion by a student at a location separate from the institution,
including those institutions which offer that instruction by
correspondence in combination with in-residence instruction.
94722. "Council" means the Council for Private Postsecondary and
Vocational Education established pursuant to Section 94740.
94723. "Course of study" means either a single course or a set of
related courses for which a student enrolls.
94724. "Degree" means any "academic degree" or "honorary degree"
or title of any designation, mark, appellation, series of letters or
words such as, but not limited to, associate, bachelor, master,
doctor, or fellow which signifies, purports, or is generally taken to
signify satisfactory completion of the requirements of an academic,
educational, technological, or professional program of study beyond
the secondary school level or is an honorary title conferred for
recognition of some meritorious achievement.
94725. "Degree title" means a discipline, major, or subject area
of study, the completion of which leads to the award of a degree.
94726. "Diploma" means any "diploma," "certificate," "transcript,"
"document," or other writing in any language other than a degree
which signifies, purports, or is generally taken to signify
satisfactory completion of the requirements of an academic,
educational, technological, or professional program of study beyond
the secondary school level.
94727. "Education," or "education services," or "educational
program" includes, but is not limited to, any class, course, or
programs of training, instruction, or study.
94728. "Institution" means any private postsecondary educational
institution. An "institution" includes its branch and satellite
campuses, unless otherwise provided by the council.
94729. "Institutional approval" means an institution that has
been evaluated by the council and has been found to be in compliance
with the council's standards pursuant to this chapter.
94730. "Instruction" includes any specific, formal arrangement by
an institution or its enrollees to participate in learning
experiences in which the institution's faculty or contracted
instructors present a planned curriculum appropriate to the enrollee'
s educational program.
94731. "Out-of-state school" means any private postsecondary or
vocational educational institution offering career or job training
programs, including both an in-residence institution and a home study
institution that does any of the following:
(1) Has its place of instruction or its principal location outside
the boundaries of the state.
(2) Offers or conducts courses of instruction or subjects on
premises maintained by the school outside the boundaries of the
state.
(3) Provides correspondence or home study lesson materials from a
location outside the boundaries of the state.
(4) Evaluates completed lesson materials or otherwise conducts its
evaluation service from a location outside the boundaries of the
state.
(5) Otherwise offers or provides California students with courses
of instruction or subjects through activities engaged in or conducted
outside the boundaries of the state.
94732. "Person" means a natural person or any business entity,
regardless of the form or organization.
94733. "Private postsecondary educational institution" means any
person doing business in California that offers to provide or
provides, for a tuition, fee, or other charge, any instruction,
training, or education primarily to people who have completed or
terminated their secondary education or are beyond the age of
compulsory high school attendance. The following are not considered
to be private postsecondary educational institutions under this
chapter:
(a) Institutions exclusively offering instruction at any or all
levels from preschool through the 12th grade.
(b) Education solely avocational or recreational in nature, and
institutions offering this education exclusively.
(c) Education sponsored by a bona fide trade, business,
professional, or fraternal organization, solely for that organization'
s membership.
(d) Postsecondary or vocational educational institutions
established, operated, and governed by the federal government or by
this state, or its political subdivisions.
(e) A nonprofit institution owned, controlled, and operated and
maintained by a bona fide church or religious denomination, lawfully
operating as a nonprofit religious corporation pursuant to Part 4
(commencing with Section 9110) of Division 2 of Title 1 of the
Corporations Code, if the education is limited to instructions in the
principles of that church or denomination, or to courses offered
pursuant to Section 2789 of the Business and Professions Code, and
the diploma or degree is limited to evidence of completion of that
education, and the meritorious recognition upon which any honorary
degree is conferred is limited to the principles of that church or
denomination. Institutions operating under this paragraph shall
offer degrees and diplomas only in the beliefs and practices of the
denomination, church, or religion. The enactment of this paragraph
expresses legislative intent that the state shall not involve itself
in the content of degree programs awarded by any institution
operating under this paragraph, as long as the institution awards
degrees and diplomas only in the beliefs and practices of the
denomination, church, or religion. Institutions operating under this
paragraph shall not award degrees in any area of physical science.
Any degree or diploma granted in any area of study under these
provisions shall contain on its face, in the written description of
the title of the degree being conferred, a reference to the
theological or religious aspect of the degree's subject area. The
enactment of this paragraph is intended to prevent any entity
claiming to be a nonprofit institution owned, controlled, and
operated and maintained by a bona fide church or religious
denomination, lawfully operating as a nonprofit religious corporation
pursuant to Part 4 (commencing with Section 9110) of Division 2 of
Title 1 of the Corporations Code, from marketing and granting degrees
or diplomas that are represented as being linked to their church or
denomination but which, in reality, are degrees in secular areas of
study.
94734. "Satellite" means an auxiliary classroom located within 50
miles of a branch or the main location. A satellite is a facility
whose sole purpose is to function as a teaching site. All of the
following shall apply to a satellite:
(a) Only educational services that are approved at the main
location shall be offered at the satellite.
(b) The institution shall maintain no permanent records of
attendance or academic progress at the satellite.
(c) No solicitation or enrollment of students shall occur at the
satellite.
(d) The satellite shall not be identified in any advertising.
For the purpose of conducting onsite inspections and evaluations,
hotel conference rooms, faculty offices, and homes are not considered
satellites.
94735. (1) "Short-term seminar training" means an educational
service consisting of either of the following:
(A) Fifty hours or less of instruction, the total charge for which
is less than five hundred dollars ($500).
(B) Instruction approved by a governmental licensing authority to
be offered exclusively as continuing education in subjects licensees
are required to take as a condition of continued licensure.
(2) "Short-time seminar training" does not include any of the
following:
(A) Instruction in how to prepare for, take, or pass a licensing
examination or other test qualifying a person for employment.
(B) Instruction in which the institution awards any credits or
units other than continuing education units pursuant to instruction
described in subparagraph (B) of paragraph (1).
(C) Any educational service, other than instruction described in
subparagraph (B) of paragraph (1), consisting of more than 50 hours
of instruction or costing five hundred dollars ($500) or more in
total charges that is divided or structured into one or more segments
that consist of 50 or fewer hours of instruction, the total charge
for which is less than five hundred dollars ($500).
94736. "To offer" includes, in addition to its usual meanings,
advertising, publicizing, soliciting, or encouraging any person,
directly or indirectly, in any form, to perform the act described.
94737. "To operate" an educational institution, or like term,
means to establish, keep, or maintain any facility or location in
this state where, or from or through which, educational services are
offered or educational degrees or diplomas are offered or granted.
Article 3. Administration
94740. There is hereby established in state government a Council
for Private Postsecondary and Vocational Education. The council
shall have the responsibility for approving and regulating private
postsecondary educational institutions and for developing state
policies for private postsecondary and vocational education in
California. The council shall represent the private postsecondary
educational institutions in all state level planning and policy
discussions about postsecondary and vocational education, and shall
have as its objective the development of a strong, vigorous, and
widely respected sector of private postsecondary and vocational
education.
94741. The council shall be composed of 15 voting members,
including the following representatives:
(a) Two representatives from private degree-granting institutions
approved under Article 4 (commencing with Section 94760).
(b) Two representatives from vocational institutions approved
under Article 5 (commencing with Section 94780).
(c) Two representatives from accredited private postsecondary
institutions operating in California. One representative shall be
from an out-of-state accredited degree-granting postsecondary
educational institution approved under Article 4 (commencing with
Section 94760), and one representative shall be from an accredited
vocational institution approved under Article 5 (commencing with
Section 94780).
(d) A representative of the Student Aid Commission, nominated by
the executive director of the commission, and appointed by the
Governor.
(e) The Superintendent of Public Instruction, or his or her
designee.
(f) The Secretary of State and Consumer Services, or his or her
designee.
(g) Six members of the general public.
94742. The appointment process for the council shall be as
follows:
(a) The Governor shall appoint one representative from an
institution approved under Article 4 (commencing with Section 94760),
one representative from a vocational institution approved under
Article 5 (commencing with Section 94780), one representative from an
accredited vocational school, and three members from the general
public.
(b) The Senate Committee on Rules shall appoint one representative
from an institution approved under Article 4 (commencing with
Section 94760), one representative from an out-of-state accredited
degree-granting college or university operating in California, and
one member of the general public.
(c) The Speaker of the Assembly shall appoint one representative
from a vocational institution approved under Article 5 (commencing
with Section 94780), and two members of the general public.
(d) The institutional representatives shall be appointed from a
list or lists of persons nominated by private postsecondary or
vocational educational institutions.
94743. The following persons shall serve as nonvoting ex officio
members of the council:
(a) The Attorney General of the State of California, or his or her
designee.
(b) The Director of Employment Development, or his or her
designee.
(c) The Director of the California Postsecondary Education
Commission, or his or her designee.
(d) The Director of the Youth, Adult and Alternative Educational
Services Division of the State Department of Education, or his or her
designee.
(e) The Chancellor of the California Community Colleges, or his or
her designee.
94744. The members of the council designated in subdivisions (e)
and (f) of Section 94741 shall serve at the pleasure of their
respective appointing authorities. All other voting members of the
council shall serve a four-year term, and no members shall serve more
than two full terms.
94745. Any person appointed to the council as a representative
from an institution described in subdivisions (a) to (c), inclusive,
of Section 94741 who no longer represents the institutions that made
him or her eligible for appointment shall automatically and
immediately forfeit his or her membership on the council, thereby
creating an immediate vacancy. Any person appointed to the council
as a member of the general public pursuant to subdivision (g) of
Section 94741 who no longer qualifies as a member of the general
public shall automatically and immediately forfeit his or her
membership on the council, thereby creating an immediate vacancy.
94746. No person who is employed by an institution of public or
private postsecondary or vocational education, or who is employed by
a private organization owning an interest in a private postsecondary
or vocational institution, shall be appointed to, or serve on, the
council as a member of the general public.
94747. (a) It is the intent of the Legislature that the members
of the general public appointed to the council have a strong interest
in developing private postsecondary and vocational education, and
include representation from businesses that employ persons in
positions requiring academic, vocational, or technical education.
(b) It is the intent of the Legislature that the council shall be
broadly and equitably representative of the general public and that
it includes adequate representation on the basis of gender and on the
basis of the significant racial, ethnic, and economic groups in the
state. No person appointed pursuant to this section, with respect to
any matter before the council, shall vote for or on behalf of, or in
any way exercise the vote of, any other member of the council.
94748. The council shall meet as often as it deems necessary to
carry out its duties and responsibilities. Any member of the council
who in any calendar year misses more than one-third of the meetings
of the full council forfeits his or her office, thereby creating a
vacancy.
94749. The council shall select a chair from among the members
representing the general public. The chair shall hold office for a
term of two years.
94750. The council may appoint any subcommittees or advisory
committees it deems necessary to advise the council on matters of
educational policy. The council shall appoint and may remove a
director in the manner prescribed in this section. The director
shall appoint persons to any civil service staff positions authorized
by the council. The staffing shall include individuals with
responsibilities for each of the following areas:
(a) The approval of vocational institutions.
(b) The approval of degree-granting institutions.
(c) The approval of courses offered to veterans by vocational and
degree-granting institutions. For the purposes of implementing the
requirements of this paragraph, the council is hereby designated as
the state agency responsible for the administration of veteran
educational benefit programs.
(d) Institutional relations to develop strong relationships with
agencies such as the State Department of Education, the California
Postsecondary Education Commission, the Student Aid Commission, the
Department of Consumer Affairs, and nongovernmental accrediting
associations.
(e) Legislative and public affairs.
(f) Staff administrative services.
94751. It is the intent of the Legislature that the council's
approval and regulating responsibilities be funded solely through
approval fees and federal funding provided to implement the approval
process for courses offered to veterans by vocational and
degree-granting institutions. All fees derived from postsecondary
degree-granting institutions and their veterans' educational benefits
shall be deposited in a special degree-granting institution account,
which is hereby created, in the Private Postsecondary and Vocational
Education Administration Fund. All fees derived from vocational
education institutions and their veterans' educational
benefits shall be deposited into a
special vocational education account, which is hereby created, in the
Private Postsecondary and Vocational Education Administration Fund.
The council shall establish an accounting procedure to allocate the
time required to approve all degree-granting institutions and all
vocational education institutions and shall charge these accounts
accordingly. Any general administrative expenses shall be allocated
on a pro rata basis.
94752. The council shall prescribe rules for the transaction of
its own affairs, subject to all the following requirements and
limitations:
(a) The votes of all representatives shall be recorded.
(b) Effective action shall require the affirmative vote of a
majority of all the duly appointed members of the council, not
including vacant council seats.
(c) The affirmative votes of two-thirds of all the duly appointed
members of the council, not including vacant council seats, shall be
necessary for the appointment or removal of the director.
94753. There is hereby established an advisory committee to the
council and the director, consisting of representatives of the State
Board of Barbering and Cosmetology, the Board of Vocational Nurse and
Psychiatric Technician Examiners, the Board of Behavioral Science
Examiners, the California Committee of Bar Examiners, the
Commissioner of Real Estate, and other state agencies responsible for
monitoring private postsecondary institutions. Meeting agenda items
and associated documents of the council shall be provided to the
advisory committee in a timely manner.
94753.5. The council may delegate to the director any power,
duty, purpose, function, or jurisdiction that the council may
lawfully delegate, including the authority to enter into and sign
contracts on behalf of the council. The director may redelegate any
of those powers, duties, purposes, functions, or jurisdictions to his
or her designee, unless by statute or regulation, the director is
expressly required to act personally.
94754. The council shall appoint from its membership one
subcommittee on postsecondary degree-granting institutions and one
subcommittee on vocational education. All educational institutions
that confer degrees shall be considered by the subcommittee on
postsecondary degree-granting institutions pursuant to the
requirements of Article 4 (commencing with Section 94760). All
educational institutions that offer vocational education and that do
not confer degrees shall be considered by the subcommittee on
vocational education pursuant to the requirements of Article 5
(commencing with Section 94780). Each subcommittee shall report its
recommendations to the council, which shall make the final approval
determination.
94755. The council shall have the following functions and
responsibilities in its capacity as the statewide private
postsecondary and vocational educational planning and licensing
agency:
(a) The establishment of policies for the administration of this
chapter.
(b) The establishment of minimum criteria for the approval of
private postsecondary educational institutions to operate in
California and award degrees and diplomas, and for the approval of
institutions that meet the criteria.
(c) The adoption of regulations governing the conduct of
institutions under this chapter, including, but not limited to,
minimum state standards for refund policies, advertising, enrollment
agreements and contracts, consumer information, attendance policies,
and financial responsibility.
(d) The adoption of procedures necessary or appropriate for the
conduct of its work and the implementation of this chapter consistent
with its adopted regulations, including the adoption of regulations
to ensure that institutions receive adequate notice and a full
opportunity to be heard concerning actions to deny, suspend, or
revoke approval or to place an institution on probation.
(e) The representation of California's segment of private
postsecondary and vocational education in all state level discussions
and planning for postsecondary and vocational education, including,
but not limited to, representation on the California Postsecondary
Education Commission, and the commission's advisory committee, and
voluntary postsecondary or vocational organizations.
(f) The publication biennially for public distribution of a
directory of all private postsecondary educational institutions
approved to operate in California under this chapter.
(g) The preparation annually of a proposed budget for the support
of activities under this chapter and to secure appropriate funding
necessary for the effective implementation of this chapter.
(h) Conducting research and planning for private postsecondary and
vocational education, including the compilation of important
institutional, faculty, and student data.
(i) The impaneling of special committees of technically qualified
persons to assist the council in the development of standards for
education and educational institutions and the evaluation of any
application or institutions pursuant to this chapter. The members of
the special committees shall receive no compensation, but shall be
reimbursed for their actual expenses for attendance at official
meetings and actual expenses when on official council business. The
members of the special committees shall serve at no expense to the
state. The actual travel and per diem expenses incurred by each
member of a special committee shall be reimbursed by the institution
that is the subject of inspection or investigation.
94756. Each member of the council shall receive a stipend of one
hundred dollars ($100) for each day he or she attends any meeting of
the council, or any meeting of any committee or subcommittee of the
council of which he or she is a member, and which committee or
subcommittee meeting is conducted for the purpose of carrying out the
powers and duties of the council. A council member may elect not to
receive all or any portion of this stipend. In addition, each
member of the council shall receive his or her actual and necessary
traveling expenses incurred in the course of his or her duties. The
payments in each instance shall be made only from the fund from which
the expenses of the council are paid and shall be subject to the
availability of funds. In no instance shall the licensing fees of
schools or colleges be raised for the sole purpose of paying the
stipends of the council members.
94757. (a) The initial appointments to the council shall be made
in the following manner:
(1) The Governor shall appoint two members for a two-year term,
two members for a three-year term, and two members for a four-year
term. The representative of the Student Aid Commission shall be
appointed for a four-year term.
(2) The Senate Committee on Rules shall appoint one member for a
two-year term, one member for a three-year term, and one member for a
four-year term.
(3) The Speaker of the Assembly shall appoint one member for a
two-year term, one member for a three-year term, and one member for a
four-year term.
(b) All initial appointments to the council shall become effective
on July 1, 1990. However, the length of the terms of the initial
appointments shall be the designated number of years beginning on the
date of January 1, 1991. All subsequent terms shall begin on
January 1 of the year in which the respective terms are to commence.
94758. The council may utilize the resources of accrediting
associations in gathering information about accredited postsecondary
and vocational institutions, including participating as an observer
on accreditation site visits. However, this section shall not
preclude or relieve the council of its responsibilities under this
chapter and the council shall retain full authority for approving all
private postsecondary educational institutions operating in
California.
Article 4. Requirements and Standards for Degree-Granting
Institutions
94760. No private postsecondary educational institution may
issue, confer, or award an academic or honorary degree unless the
institution meets the requirements of Section 94761 or of subdivision
(a) or (b), as follows:
(a) The institution is approved by the council to operate in
California and award degrees.
(b) Any public or private postsecondary educational institution
incorporated in another state that has accreditation from a regional
accrediting association recognized by the United States Department of
Education at the time of the issuance of a degree and that is
approved by the council, may issue degrees, diplomas, or
certificates. Accredited public or private postsecondary educational
institutions incorporated in another state shall not offer degrees,
diplomas, or certificates in California unless they comply with
Sections 94764 to 94769, inclusive.
94761. The council shall not approve an institution to issue
degrees, diplomas, or certificates pursuant to subdivisions (a) or
(b) of Section 94770 until it has conducted a qualitative review and
assessment of, and has approved, each degree program offered by the
institution, and all of the operations of the institution and has
determined all of the following:
(a) The institution has the facilities, financial resources,
administrative capabilities, faculty, and other necessary educational
expertise and resources to ensure its capability of fulfilling the
program or programs for enrolled students.
(b) The faculty are fully qualified to undertake the level of
instruction that they are assigned and shall possess appropriate
degrees or credentials and have demonstrated professional achievement
in the major field or fields offered, in sufficient numbers to
provide the educational services.
(c) The education services and curriculum clearly relate to the
objectives of the proposed program or programs and offer students the
opportunity for a quality education.
(d) The facilities are appropriate for the defined educational
objectives and are sufficient to ensure quality educational services
to the students enrolled in the program or programs.
(e) The course of study for which the degree is granted provides
the curriculum necessary to achieve its professed or claimed academic
objective for higher education, and the institution requires a level
of academic achievement appropriate to that degree.
(f) The institution provides adequate student advisement services,
academic planning and curriculum development activities, research
supervision for students enrolled in Ph.D. programs, and clinical
supervision for students enrolled in various health profession
programs.
(g) If the institution offers credit for prior experiential
learning, it may do so only after an evaluation by qualified faculty
and only in disciplines within the institution's curricular offerings
that are appropriate to the degree to be pursued. The council shall
develop specific standards regarding the criteria for awarding
credit for prior experiential learning at the graduate level,
including the maximum number of hours for which credit may be
awarded.
94762. (a) For purposes of Section 94761, the approval process
shall include a qualitative review and assessment of all of the
following:
(1) Institutional purpose, mission, and objectives.
(2) Governance and administration.
(3) Curriculum.
(4) Instruction.
(5) Faculty, including their qualifications.
(6) Physical facilities.
(7) Administrative personnel.
(8) Procedures for keeping educational records.
(9) Tuition, fee, and refund schedules.
(10) Admissions standards.
(11) Financial aid policies and practices.
(12) Scholastic regulations and graduation requirements.
(13) Ethical principles and practices.
(14) Library and other learning resources.
(15) Student activities and services.
(16) Degrees offered.
(b) The standards and procedures utilized by the council shall
foster the development of high quality, innovative educational
programs, and emerging new fields of study within postsecondary
education. In addition, the standards and procedures utilized by the
council shall not unreasonably hinder educational innovation and
competition.
(c) It is the intent of the Legislature that the minimum standards
for approval for degree-granting institutions established in Section
94761 not exceed the accreditation standards utilized by the Western
Association of Schools and Colleges.
94763. The council may delegate the responsibilities for
regulation and oversight of accredited degree-granting law schools to
the Committee of Bar Examiners of the State of California, and that
accreditation may be accepted by the council in lieu of state
approval.
94764. The council shall not approve an institution to issue
degrees, diplomas, or certificates pursuant to subdivision (b) of
Section 94760 until the council has conducted a qualitative review
and assessment of, and has approved, the operations of the
institutions in California, and the council has determined that the
institution meets the following standards:
(a) The institution has financial resources to ensure the
capability of fulfilling the program or programs for enrolled
students.
(b) The faculty includes personnel who possess appropriate degrees
from institutions accredited by a regional accrediting association
recognized by the United States Department of Education in the degree
major field or fields offered, in sufficient number to provide the
educational services.
(c) The education services and curriculum clearly relate to the
objectives of the proposed program or programs.
(d) The facilities are appropriate for the defined educational
objectives and are sufficient to ensure quality educational services
to the students enrolled in the program or programs.
(e) The institution has verifiable evidence of academic
achievement comparable to that required of graduates of other
institutions operating in this state for the program or programs upon
which the degree, diploma, or certificate is based.
94765. For purposes of subdivision (b) of Section 94760, the
council shall grant approved status under Section 94764 for a period
consistent with the postsecondary educational institution's regional
accrediting association, but not to exceed five years.
94766. Institutions approved under subdivision (b) of Section
94760 shall offer in California only programs that the institution
can document to have been acknowledged and favorably reviewed by the
home regional accrediting association.
94767. For purposes of subdivision (b) of Section 94760, in
reviewing the out-of-state accredited institutions, the council shall
use as guidelines the standards and procedures developed by the
special committee created pursuant to paragraph (5) of subdivision
(b) of former Section 94310.1, as in effect on December 31, 1989, and
adopted by the California Postsecondary Education Commission. These
standards and procedures were based on the following principles:
(a) Following the initial state review, subsequent onsite reviews
by the council may be conducted in conjunction with institutional
reviews by the regional accrediting association. However, if there
is substantial evidence that the institution is not in compliance
with state standards, the council may initiate a special review of
the California operations of the institution.
(b) Each institution shall submit a single application for all
operations in California, and the application shall include a single
fee which is institution-based and not site-based.
(c) The council shall develop a procedural rationale to justify
the number of sites to be visited by the state in the review of the
institution's operations in California.
(d) The purpose of the onsite review by the council shall be to
determine that operations by the institution in California meet the
minimum state standards identified in statute.
(e) The standards and procedures shall not unreasonably hinder
educational innovation and competition.
94768. For purposes of subdivision (b) of Section 94760, the
regulations adopted by the council to implement this chapter shall
provide for consideration of the accredited institutions' stated
educational goals, purposes, and objectives, in conducting the
approval review of the California operations of out-of-state based
institutions. These regulations shall include a formula to determine
the institutional approval fee and the number of sites to be visited
by the state. The regulations shall be based on the procedures and
standards recommended by the special committee and acted upon by the
commission. In conducting the approval review of the operation of
out-of-state accredited institutions in California, the council shall
interpret the regulations based upon each institution's accredited
educational purposes and objectives.
94769. For purposes of subdivision (b) of Section 94760, all
institutions operating under subdivision (b) of former Section
94310.1, as it read on December 31, 1990, shall receive approval for
a period not to exceed five years from the date of the institution's
last review by the state. On a date to be specified by the council
on or before January 1, 1996, each institution granted approval under
Sections 94764 to 94769, inclusive, shall file a completed
application for reapproval under this article.
94769.5. For purposes of subdivision (b) of Section 94760, an
institution shall not offer any educational program or degree title
that was not offered by the institution at the time the institution
applied for approval to operate, and shall not offer any educational
program or degree title at a campus that had not offered the program
or degree title at the time the institution applied for approval to
operate that campus, unless the council first approves the offering
of the program or degree title after determining that it satisfies
the minimum standards established by this section.
94770. The council shall conduct a qualitative review and
assessment of the institution and all programs offered, including the
items listed in Section 94762, through a comprehensive onsite review
process, performed by a qualified visiting committee impaneled by
the council for that purpose. Except as provided in Section 94945,
each institution shall submit a single application for all operations
in California, its main location, branches, and satellites. The
application shall include a single fee that is institution-based and
not site-based. The visiting committee shall be impaneled by the
council within 90 days of the date of the receipt of a completed
application and shall be composed of educators, and other individuals
with expertise in the areas listed in Section 94762, from
degree-granting institutions legally operating within the state.
Within 90 days of the receipt of the visiting committee's evaluation
report and recommendations, or any reasonable extension of time not
to exceed 90 days, the council shall take one of the following
actions:
(a) If the institution is in compliance with this chapter and has
not operated within three years before the filing of the application
in violation of this chapter then in effect, the council may grant an
approval to operate for a period not to exceed five years.
(b) If the institution is in compliance with this chapter, but has
operated within three years before the filing of the application in
violation of this chapter then in effect, or if the council
determines that an unconditional grant of approval to operate is not
in the public interest, the council may grant a conditional approval
to operate subject to whatever restrictions the council deems
appropriate. The council shall notify the institution of the
restrictions or conditions, the bases for the restrictions or
conditions, and the right to request a hearing to contest the
restrictions or conditions. Conditional approval shall not exceed
two years.
(c) The council may deny the application. If the application is
denied, the council may permit the institution to continue offering
the course of instruction to students already enrolled or may order
the institution to cease instruction and provide a refund of tuition
and all other charges to students.
(d) (1) If an institution is not operating in California when it
applies for approval to operate for itself or a branch or satellite
campus, the institution shall file with its application an
operational plan establishing that the institution will satisfy the
minimum standards set forth in Section 94761. The operational plan
also shall include a detailed description of the institution's
program for implementing the operational plan, including proposed
procedures, financial resources, and the qualifications of owners,
directors, officers, and administrators employed at the time of the
filing of the application. The council may request additional
information to enable the council to determine whether the
operational plan and its proposed implementation will satisfy these
minimum standards.
(2) If the council determines that the operational plan satisfies
the minimum standards described in Section 94761, that the
institution demonstrates that it will implement the plan, and that no
ground for denial of the application exists, the council shall grant
a temporary approval to operate, subject to any restrictions the
council reasonably deems necessary to ensure compliance with this
chapter, pending a qualitative review and assessment as provided in
Sections 94761 and 94762. The council shall inspect the institution,
or branch or satellite campus if approval is sought for that campus,
between 90 days and 180 days after operation has begun under the
temporary approval to operate. Within 90 days following the council'
s inspection of the institution, the council shall act as provided in
this section.
94771. When evaluating an institution, the purpose of which is to
advance postsecondary education through innovative methods, the
visiting committee shall be comprised of educators who are familiar
with and receptive to evidence bearing on the educational quality and
accomplishments of those methods.
94772. The standards and procedures utilized by the council shall
not unreasonably hinder educational innovation and competition.
94773. It is the intent of the Legislature that the council,
prior to June 1, 1992, conduct an onsite review of all institutions
approved by the Superintendent of Public Instruction between January
1, 1989, and December 31, 1990, that did not receive an onsite review
by a visiting committee that included at least one permanent
employee of the Private Postsecondary Education Division of the State
Department of Education.
94774. Each institution or instructional program offering
education for entry into a health care profession in which the
provider has primary care responsibilities shall offer that education
within a professional degree program, which shall be subject to
approval by the council pursuant to Section 94760.
94775. If, at any time, the council determines that an
institution has deviated from the standards for approval, the council
may, after identifying for the institution the areas in which it has
deviated from the standard and after giving the institution due
notice and an opportunity to be heard, place the institution on
probation for a prescribed period of time, not to exceed 24 calendar
months. During the period of probation, the institution shall be
subject to special monitoring. The conditions for probation may
include the required submission of periodic reports, as prescribed by
the council, and special visits by authorized representatives of the
council to determine progress toward total compliance. If, at the
end of the probationary period, the institution has not taken steps
to eliminate the cause or causes for its probation to the
satisfaction of the council, the council may revoke the institution's
approval to award degrees and provide notice to the institution to
cease its operations.
94776. An institution may not advertise itself as an approved
institution unless each degree program offered by the institution has
been approved in accordance with the requirements of Section 94760.
The council shall review all operations of the institution, both
within and outside of California. The council shall have the
authority to conduct site visits outside of California when it deems
these visits to be necessary. The council may authorize any
institution approved to issue degrees under Section 94760 to issue
diplomas for the completion of courses of study that are within the
institution's approved degree granting programs.
94777. (a) All institutions operating on December 31, 1990,
pursuant to licensure received under subdivision (a) of former
Section 94310.1 or approval received under former Section 94310.2,
shall receive approval for a period not to exceed four years. On a
specified date prior to January 1, 1995, to be determined by the
council, each institution granted approval pursuant to this
subdivision shall file a completed application for reapproval
pursuant to Section 94760.
(b) All institutions operating on December 31, 1990, pursuant to
candidate-for-approval status received pursuant to former Section
94310.2 shall receive candidate-for-approval status for a period not
to exceed two years. On a specified date prior to January 1, 1993,
as determined by the council, each institution granted
candidate-for-approval status pursuant to this subdivision shall file
a completed application for approval pursuant to Section 94760.
(c) All institutions operating pursuant to authorization received
under former Section 94310.3 or 94310.4, as in effect on December 31,
1990, shall receive candidate-for-approval status for a period not
to exceed three years. On a specified date prior to January 1, 1994,
to be determined by the council, each institution granted
candidate-for-approval status pursuant to this subdivision shall file
a completed application for approval pursuant to Section 94760.
Article 5. Requirements and Standards for Non-Degree-Granting
Institutions
94780. No private postsecondary educational institution, except
those offering degrees and approved under Section 94760, may offer
education services or an education program, unless the institution or
the branch or satellite campus at which these programs are offered,
has been approved by the council as meeting the requirements of
Section 94781 and, if regulated by an agency within the Department of
Consumer Affairs, has obtained and retained
the approval of that agency.
94781. (a) If an institution is operating under the council's
prior approval and the institution has applied for approval to
operate for itself or a branch or satellite campus that is operating,
the council shall not grant approval to operate until it has
conducted a qualitative review and assessment of the operations of
the institution in California, and determined that all of the
following minimum standards have been satisfied:
(1) The quality and content of each course or program of
instruction, training, or study may reasonably and adequately be
expected to achieve the objective for which the course or program is
offered. All courses offered by the institution shall meet the
minimum standards prescribed by this subdivision. If an institution
represents that a course or program leads to employment, the quality,
content, and instruction of the course or program shall be
sufficient to assure that students may acquire the necessary level of
education, training, skill, and experience to obtain employment in
the occupation or job title to which the course or program of
instruction is represented to lead.
(2) There is in the institution adequate space, equipment,
instructional material, and instructor personnel to provide training
of the quality needed to attain the objective described in paragraph
(1).
(3) Every instructor and administrator possess adequate academic,
experiential, and professional qualifications to teach the course or
to perform the duties that the person is assigned and satisfies all
standards established by the council by regulation, and holds an
applicable and valid certificate of authorization for service issued
by the council in the specified competence area in which the
individual will serve. No person shall serve as an instructor or
member of the administrative staff if that person has been convicted
of, or has pled nolo contendere or guilty to, a crime involving the
acquisition, use, or expenditure of federal or state funds, or who
has been judicially or administratively determined to have committed
any violation of this chapter or of any law involving state or
federal funds.
(4) The institution maintains, for at least five years, written
records of the student's previous education and training, where
applicable.
(5) A copy of the course outline, description of the occupations
or job titles, if any, to which the course of instruction is
represented to lead, schedule of tuition, fees and other charges,
refund policy, regulations pertaining to tardiness, absence, grading
policy, and rules of operation and conduct is given to students prior
to enrollment.
(6) The institution maintains and enforces adequate standards
relating to, and maintains records of, attendance, satisfactory
academic progress, and student performance to achieve the objective
described in paragraph (1).
(7) The institution complies with all local city, county,
municipal, state, and federal regulations relative to the safety and
health of all persons upon the premises such as fire, building, and
sanitation codes. The council may require evidence of compliance.
(8) The institution does not exceed enrollment that the facilities
and equipment of the institution can reasonably handle.
(9) The institution's officers, directors, and owners demonstrate
financial and fiduciary responsibility, as prescribed by statute, or
by regulations adopted by the council.
(10) The institution is in compliance with this chapter and has
developed policies and procedures designed to ensure that compliance.
(11) No circumstances exist that are grounds for the revocation or
suspension of an approval to operate.
(12) The institution complies with Article 9 (commencing with
Section 94840) if that article is applicable.
(13) Application for approval shall be made in writing on forms
prescribed by the council, which shall include, if applicable to the
institution, a statement of whether the institution claims that it is
exempt or that a course or other educational service it offers is
exempt from Article 9 (commencing with Section 94840), and the
information required by subdivision (f) of Section 94898.
(b) For purposes of this section, "council's prior approval"
includes the prior approval or authorization of the Superintendent of
Public Instruction, if applicable.
94782. (a) Within 90 days following the receipt of an application
from an institution that is operating under the superintendent's
prior authorization or approval or the council's prior approval, and
prior to granting any approval, a representative of the council shall
personally inspect the institution and verify the institution's
compliance with the standards prescribed by this chapter. The onsite
inspection shall include an inspection of the institution's
facilities and records, interviews of administrators, faculty, and
students, and an observation of class instruction, as determined to
be appropriate by the council. If the application is for approval to
operate a branch or satellite campus that is in operation, the
council shall inspect that branch or satellite campus as provided
herein and also may inspect the institution operating the branch or
satellite campus. The council may waive or modify the onsite
inspection for an institution located outside of California or for an
institution offering home study or correspondence courses.
(b) For purposes of this section, "council's prior approval"
includes the prior approval or authorization of the Superintendent of
Public Instruction, if applicable.
94783. Within 90 days following the inspection described in
Section 94782 or any reasonable extension of time not to exceed 90
days, the council shall reach a decision on the merits and shall do
one of the following:
(a) If the institution is in compliance with this chapter and has
not operated within three years before the filing of the application
in violation of this chapter then in effect, the council may grant
approval for a period not to exceed three years.
(b) If the institution is in compliance with this chapter, but has
operated within three years before the filing of the application in
violation of this chapter then in effect, or if the council
determines that an unconditional grant of approval to operate is not
in the public interest, the council may grant a conditional approval
to operate subject to whatever restrictions the council deems
appropriate. The council shall notify the institution of the
restrictions, the bases for the restrictions, and the right to
request a hearing to contest the restrictions.
(c) The council may deny the application if the institution does
not comply with this chapter, including the minimum standards
established in Section 94781, or has operated within three years
before the filing of the application in violation of this chapter
then in effect. If the application is denied, the council may permit
the institution to continue offering the course or courses of
instruction to students already enrolled or may order the institution
to cease all instruction and provide a refund of tuition and all
other charges to students.
The council shall notify the institution of the denial, the bases
for the denial, and the right of the institution to request a hearing
to contest the denial.
94784. (a) If an institution is not operating in California when
it applies for approval to operate for itself or a branch or
satellite campus, the institution shall file with its application an
operational plan establishing that the institution will satisfy the
minimum standards set forth in Section 94781. The operational plan
also shall include a detailed description of the institution's
program for implementing the operational plan, including proposed
procedures, financial resources, and the qualifications of owners,
directors, officers, and administrators employed at the time of the
application's filing. The council may request additional information
to enable the council to determine whether the operational plan and
its proposed implementation will satisfy these minimum standards.
(b) If the council determines that the operational plan satisfies
the minimum standards described in Section 94781, that the
institution demonstrates that it will implement the plan, and that no
ground for denial of the application exists, the council shall grant
a temporary approval to operate, subject to any restrictions the
council reasonably deems necessary to assure compliance with this
chapter, pending a qualitative review and assessment as provided in
Sections 94781 and 94782. The council shall inspect the institution,
or branch or satellite campus if approval is sought for that campus,
between 90 days and 180 days after operation has begun under the
temporary approval to operate. Within 90 days following the council'
s inspection of the institution, the council shall act as provided in
Section 94783.
94785. If an institution that is operating in California applies
for approval to operate a branch or satellite campus that has not
operated in this state, the institution shall file an operational
plan for the branch or satellite campus as described in Section
94784. The council shall evaluate the branch or satellite campus as
provided in Section 94784. The council also may evaluate the
institution as provided in Sections 94781 and 94782 before
determining whether to grant to the institution temporary or final
approval to operate the branch or satellite campus. If the
institution or the branch or satellite campus does not meet the
requirements of this chapter or if the institution has operated
within three years before the filing of the application in violation
of this chapter then in effect, the council may deny the application
for approval to operate the branch or satellite campus or may grant a
conditional approval to operate the branch or satellite campus
subject to whatever restrictions the superintendent deems
appropriate. The provisions for notice and hearing described in
subdivisions (b) and (c) of Section 94783 shall apply.
94786. No institution shall offer a course or program of
instruction, training, or study at a campus that had not offered the
course or program at the time the institution applied for approval to
operate that campus unless the council first approves the offering
of the course or program after determining that it satisfies the
minimum standards established in Section 94781.
94787. (a) All institutions operating in California on December
31, 1989, pursuant to the prior authority of subdivision (c) of
former Section 94311, and which continued to operate under the
requirements of this chapter on January 1, 1991, shall receive an
approval status for a period not to exceed three years. On a
specified date to be determined by the council on or before June 30,
1993, each institution granted an approval pursuant to this
subdivision shall file a completed application for reapproval
pursuant to Section 94780.
(b) All institutions operating in California on December 31, 1990,
pursuant to prior authority of subdivision (a) or (b) of former
Section 94311, shall receive approval from the council for a period
not to exceed three years. On or before June 30, 1994, the council
shall work in cooperation with the appropriate state boards or
agencies, to review each of these institutions to determine whether
the institution is in compliance with the requirements of this
chapter. It is the intent of the Legislature that the council
develop a memorandum of understanding with each of the appropriate
state boards or agencies to delineate the responsibilities of each
agency for the approval and monitoring of these private vocational
institutions that were operating on December 31, 1990, under the
prior authority of subdivisions (a) and (b) of former Section 94311.
It is further the intent of the Legislature that these memorandums
of understanding be introduced as legislation on or before February
1, 1994, for enactment as amendments to this act.
(c) All institutions operating in California on December 31, 1990,
pursuant to the prior authority of subdivision (d) of former Section
94311, shall receive an approval for a period not to exceed three
years. On a specified date to be determined by the council on or
before December 31, 1993, each institution granted an approval
pursuant to this subdivision shall file a completed application for
reapproval pursuant to Section 94780.
94788. The council may enter into an agreement for the regulation
and oversight of nondegree-granting private postsecondary
institutions with the Federal Aviation Administration or with the
state agency responsible for administering Article 1 (commencing with
Section 1250) of Chapter 2 of Division 2 of the Health and Safety
Code.
The council may enter into a regulatory agreement only when the
appropriate agency can demonstrate that its standards and procedures
for the review of institutions encompass the standards and consumer
protection requirements prescribed by this chapter and that these
standards and procedures are rigorously enforced.
Nothing in this section shall modify the existing authority of
regulatory agencies within the Department of Consumer Affairs
relating to schools or programs.
94789. If, at any time, the council determines that an
institution has deviated from the standards for approval, the
council, after giving the institution due notice and an opportunity
to be heard, may place the institution on probation for a specified
period of time not to exceed 24 calendar months. During the period
of probation, the institution shall be subject to special monitoring.
The conditions for probation may include the required submission of
periodic reports, as prescribed by the council, and special visits
by authorized representatives of the council to determine progress
toward total compliance. If at the end of the specified probationary
period the institution has not taken steps to eliminate the causes
for its probation to the satisfaction of the council, the council may
revoke the institution's approval and provide notice to the
institution to cease its operations.
94791. (a) Each individual submitting an application for a
certificate of authorization for service, pursuant to paragraph (3)
of subdivision (a) of Section 94781, shall provide the council with
all of the following information:
(1) A completed application as supplied by the council.
(2) Certified copies of educational transcripts, where applicable.
(3) Verified employment history.
(4) Other documentation of prior experience or education as may be
required for verification.
(b) To be eligible for a certificate of authorization for service,
the applicant shall fulfill the applicable requirements as follows:
(1) Instructors shall have all of the following qualifications:
(A) No record of any violations of this chapter.
(B) Verification that he or she possesses a combination of at
least three years' experience and training or education in the
occupation or job title category for which certification is sought.
(C) An instructor for a program that leads to a degree shall
possess a degree of equal or higher level in the occupation for which
certification is sought.
(2) Directors shall have both of the following qualifications:
(A) Five years' experience in an administrative position in a
public or an approved private postsecondary school.
(B) No record of any violations of this chapter.
(3) Associate directors shall have both of the following
qualifications:
(A) Two years' experience in an administrative or other
responsible position in a public or state-approved private
postsecondary school.
(B) No record of any violations of this chapter.
(4) Financial aid directors shall have all of the following
qualifications:
(A) Five years' experience in an administrative position in the
financial aid office of a public or approved private postsecondary
school.
(B) Verification of completion within the previous two years of a
training seminar or workshop certified by the Student Aid Commission
as providing up-to-date comprehensive information on financial aid
programs and policies.
(C) No record of any violations of this chapter.
(D) Any other requirements the council deems necessary.
(5) Financial aid officers shall possess all of the following
qualifications:
(A) Verification of completion within the previous two years of a
training seminar or workshop certified by the Student Aid Commission
as providing up-to-date comprehensive information on financial aid
programs and policies.
(B) No record of any violations of this chapter.
(C) Other requirements the council deems necessary.
(c) Each individual certified for authorization for service in the
positions listed in subdivision (b) shall maintain at each private
postsecondary educational institution where he or she is employed a
validated transcript evidencing the successful completion of three
continuing education units of recognized in-service training in his
or her education, job title category, or employment field. These
units may be completed through in-service training offered by
accrediting associations, professional organizations, or
council-approved programs.
(d) Every certificate of authorization issued to a person who
possesses qualifications described in paragraph (1), (4), and (5) of
subdivision (b) shall be valid for a period of three years.
(e) In addition to the requirements set forth in this section, the
council may impose additional requirements by regulation.
Article 6. Financial Responsibility
94800. (a) The review of a private postsecondary educational
institution's original application for approval, or a renewal
application submitted to the council, or of an approved institution
already in operation, shall include a determination of the
institution's financial responsibility. An institution shall be
considered financially responsible if it has sufficient assets to do
all of the following:
(1) Provide the educational services stated in its official
publications and statements.
(2) Comply with the standards and requirements specified in
Article 4 (commencing with Section 94760) and Article 5 (commencing
with Section 94780).
(3) Provide the administrative and financial resources to fully
comply with Sections 94811 to 94825, inclusive.
(b) An institution shall not be considered financially responsible
under any of the following conditions:
(1) Under generally accepted accounting principles, the
institution had operating losses in, at a minimum, the two most
recent years.
(2) Under generally accepted accounting principles, the
institution had, at the end of its latest fiscal year, a ratio of
current assets to current liabilities of less than 1.25 to 1.
(3) Under a fund accounting system, the institution's unrestricted
current or operating fund reflects sustained material deficits over
at least its two most recent fiscal years.
(4) The institution is not in compliance either with the
regulations adopted by the council or with any existing statutes
relating to the requirements for maintaining sufficient funds to
cover all operating expenses.
(c) If the council determines that an institution is not
financially responsible, the council, under terms and conditions
prescribed by the council, may require the institution to submit for
its latest complete fiscal year and its current fiscal year, each of
the following:
(1) A financial audit of the institution conducted by a licensed
certified public accountant, in accordance with generally accepted
auditing standards.
(2) The institution's financial plan for establishing financial
responsibility.
(3) Any other information requested by the council.
This subdivision shall not prevent the council from taking any
other actions authorized under this chapter.
(d) This section shall not apply to institutions subject to
Section 94880.
Article 7. Minimum Standards
94810. Every institution approved under this chapter shall be
maintained and operated, or in the case of a new institution, shall
demonstrate that it will be maintained and operated, in compliance
with all of the minimum standards set forth in this article.
94811. The institution shall be financially capable of fulfilling
its commitments to its students.
94812. The institution and its agents do not utilize advertising
of any type that is false or misleading, either by actual statement,
omission, or intimation.
94813. The institution designates an agent for service of process
within this state.
94814. The institution has and maintains the following specified
policy for the refund of the unused portion of tuition fees and other
charges if the student does not register for the period of
attendance or withdraws therefrom at any time prior to completion of
the courses, or otherwise fails to complete the period of enrollment.
The institutional refund policy for students who have completed 60
percent or less of the course of instruction shall be a pro rata
refund. Except as provided in subdivision (a), the refund shall be
the amount the student paid for the instruction multiplied by a
fraction, the numerator of which is the number of hours of
instruction or the number of lessons in a home study or
correspondence course which the student has not received but for
which the student has paid, and the denominator of which is the total
number of hours of instruction or the number of lessons in a home
study or correspondence course for which the student has paid.
(a) The institution, for all students, without penalty or
obligation, shall refund 100 percent of the amount paid for
institutional charges, less a reasonable deposit or application fee
not to exceed one hundred dollars ($100), if notice of cancellation
is made prior to or on the first day of instruction. If the first
lesson in a home study or correspondence course is sent to the
student by mail, the institution shall send it by first-class mail,
postage prepaid, documented by a certificate of mailing, and the
student shall have the right to cancel until midnight of the eighth
business day after the first lesson was mailed. The institution
shall advise each student that any notification of withdrawal or
cancellation and any requests for a refund must be made in writing.
(b) The institution shall provide a written statement containing
its refund policy, together with examples of the application of the
policy, to each student prior to signing the enrollment contract, and
shall make its policy known to currently enrolled students.
(c) The institution shall pay or credit refunds due on a
reasonable or timely basis, not to exceed 30 days following the date
upon which the student's withdrawal has been determined.
(d) The institution shall publish a current schedule of all
student charges, a statement of the purpose for those charges, and a
statement of the cancellation and refund policies with examples of
the application of the policies, and shall provide the schedule to
all current and prospective students prior to enrollment. The
schedule shall clearly indicate and differentiate all mandatory and
optional student charges. The institution shall include a clear
statement written in English describing the procedures that a student
must follow to cancel the contract or agreement and obtain a refund.
If the institution solicited the student or negotiated the
agreement in a language other than English, the notice to the student
shall be in that same language. The schedule shall specify the
total costs of attendance which shall include, but shall not be
limited to, tuition, fees, equipment costs, housing, transportation,
books, necessary supplies, materials, shop and studio fees, and any
other fees and expenses that the student will incur upon enrollment.
The schedule shall clearly identify all charges and deposits that
are nonrefundable.
(e) The council shall determine the details of the other refund
policy through regulations and shall take into consideration the
contract for educational services entered into with the student, as
well as the length and character of the educational program in
determining standards for refunds. The decision of the council shall
be final.
94815. Any written contract or agreement signed by a prospective
student shall not become operative until the student makes an initial
visit to the institution or attends the first class or session of
instruction. The school officials shall provide the student with a
thorough tour of the campus facilities and shall place a written
statement, signed by the student, in the student's file to verify
that the visitation and campus tour were provided. This provision
does not apply to correspondence schools or other distance learning
programs.
94816. Any written contract or agreement for educational services
with an institution shall include each of the following:
(a) On the first page of the agreement or contract, in 12-point
boldface print or larger, the following statement:
"Any questions or problems concerning this school which have not
been satisfactorily answered or resolved by the school should be
directed to the Council for Private Postsecondary Education,
Sacramento, California 95814."
(b) In underlined capital letters on the same page of the contract
or agreement in which the student's signature is required, the total
amount that the student is obligated to pay for the course of
instruction and all other services and facilities furnished or made
available to the student by the school, including any charges made by
the school for tuition, room and board, books, materials, supplies,
shop and studio fees, and any other fees and expenses that the
student will incur upon enrollment.
(c) A list of any charges and deposits that are nonrefundable
clearly identified as "nonrefundable" charges.
(d) A written statement, signed by a representative of the
institution, which certifies that the institution has met all
disclosure requirements required by this section and, for
institutions participating in state or federal student assistance
programs, has met all requirements for the administration of any
state financial aid program under Chapter 2 (commencing with Section
69500) of Part 42 or any federal student assistance program under
Title IV of the federal Higher Education Act of 1965 (P.L. 89-329),
extensions of that act, amendments to that act, and the rules and
regulations adopted under that act.
(e) The name and address of the school and the addresses where
instruction will be provided.
(f) The name and description of the course of instruction,
including the total number of classes, hours, or lessons required to
complete the course of instruction.
(g) A clear and conspicuous statement that the agreement or
contract is a legally binding instrument when signed by the student
and accepted by the school.
(h) A clear and conspicuous caption, "BUYER'S RIGHT TO CANCEL"
under which it is explained that the student has the right to cancel
the enrollment agreement and obtain a refund, the form and means of
notice that the student should use in the event that he or she elects
to cancel the enrollment agreement, and the title and address of the
school official to whom the notice should be sent or delivered.
(i) A clear statement of the refund policy written in plain
English.
(j) The signature of the student under the following statement
which is presented in 12-point boldface or larger print: "My
signature below certifies that I have read, understood, and agreed to
my rights and responsibilities, and that the institution's
cancellation and refund policies have been clearly explained to me."
The council, in consultation with its appropriate advisory
committee, shall adopt a model contract form that shall be used by
each institution. However, if, in the opinion of the council, a
contract already in use at a particular institution fulfills all the
requirements of this article, the council may approve the contract
used by that institution in lieu of the model form.
All contracts and enrollment agreements signed by the student
shall be written in language that is capable of being easily
understood. If English is not the primary language spoken by the
student, the student shall have the right to obtain a clear
explanation of the terms and conditions of the agreement and all
cancellation and refund policies in his or her primary language.
94817. Neither the institution nor its agents shall engage in
sales, collection, credit, or other practices of any type that are
false, deceptive, misleading, or unfair.
94818. The institution shall provide to students and other
interested persons, prior to enrollment, a catalog or brochure,
containing, at a minimum, the following information:
(a) Descriptions of the instruction provided under each course
offered by the institution.
(b) The number of credit hours or clock hours of instruction or
training per unit or units required for completion of the educational
degree or certificate program.
(c) The attendance, dropout, and leave-of-absence policies.
(d) The faculty and their qualifications.
(e) The schedule of tuition, fees, and all other charges and
expenses necessary for the term of instruction and the completion of
the course of study.
(f) The cancellation and refund policies.
(g) For an institution that participates in federal and state
financial aid programs, all consumer information that the institution
is required to disclose to the student.
(h) All other material facts concerning the institution and the
program or course of instruction that are reasonably likely to affect
the decision of the student to enroll, as prescribed by regulations
adopted by the council.
(i) No written contract signed by the student shall be enforceable
unless the information specified in this section has been disclosed
to the student.
94819. Each institution offering a degree or diploma program
designed to prepare students for a particular vocational, trade, or
career field shall provide to each prospective student a school
performance fact sheet disclosing all of the following information:
(a) The number and percentage of students who begin the
institution's program and successfully complete the entire program.
The rate shall be calculated by determining the percentage of
students enrolled in the program who were originally scheduled, at
the time of enrollment, to complete the program in that calendar year
and who successfully completed the program.
(b) The passage rates of graduates in the program for the most
recent calendar year that ended not less than six months prior to the
date of disclosure on any licensure or certificate examination
required by the state for employment in the particular vocational,
trade, or career field.
(c) The number and percentage of students who begin the program
and secure employment in the field for which they were trained. In
calculating this rate, the institution shall consider as not having
obtained employment, any graduate for whom the institution does not
possess evidence, documented in his or her file, showing that he or
she has obtained employment in the occupation for which the program
is offered.
(d) The average annual starting wages or salary of graduates of
the institution's program, if the institution makes a claim to
prospective students regarding the starting salaries of its
graduates, or the starting salaries or local availability of jobs in
a field. The institution shall disclose to the prospective student
the objective sources of information necessary to substantiate the
truthfulness of the claim.
Each school that offers or advertises placement assistance for any
course of instruction shall file with the council its placement
statistics for the 12-month period or calendar year immediately
preceding the date of the school's application for annual review for
every course of instruction.
The council shall develop standards and criteria to be used by
each institution in determining the statistical information required
by this section.
94820. Upon satisfactory completion of training, the student
shall be given an appropriate degree or diploma by the institution,
indicating that the course or courses of instruction or study have
been satisfactorily completed by the student.
94820.5. In addition to withholding services, as described in
Section 94985, an institution may withhold a student's transcript or
grades if the student is in default on a student tuition contract.
If the student has made partial payment of his or her tuition
obligation, the institution may only withhold that portion of the
grades or transcript that corresponds on a pro rata basis to the
amount of tuition or loan obligation the student has not paid. If
the course of study consists of only one course, the institution may
withhold the grades or the transcript until the tuition or loan
obligation is paid in full.
94821. Adequate and accurate records shall be maintained by the
institution, in accordance with regulations adopted by the council,
and satisfactory standards shall be enforced relating to attendance,
progress, and performance.
94822. The institution shall maintain current records for a
period of not less than five years at its principal place of business
within the State of California, immediately available during normal
business hours, for inspection by the council or the Attorney General
showing all of the following:
(a) The names and addresses, both local and home, including city
and state, of each of its students.
(b) The courses of study offered by the institution.
(c) The names and addresses, including city and street, of its
faculty, together with a record of the educational qualifications of
each.
(d) The degrees or diplomas and honorary degrees and diplomas
granted, the date of granting, together with the curricula upon which
the diplomas and degrees were based.
94823. The institution shall provide instruction as part of its
educational program. Instruction shall include any specific, formal
arrangement by an institution for its enrollees to participate in
learning experiences wherein the institution's faculty or contracted
instructors present a planned curriculum appropriate to the enrollee'
s educational program.
94825. The council shall take into consideration the character of
the educational program in determining whether specific types of
institutions may be excluded from application of Section 94819.
Article 8. Reports and Disclosures
94830. Each institution approved to operate under this chapter
shall be required to report to the council, by July 1 of each year,
or another date designated by the council, all of the following
information for educational programs offered in the prior calendar
year:
(a) The total number of students enrolled, by level of degree or
type of diploma program, and by gender, ethnicity, and race.
(b) The number of degrees and diplomas awarded, by level of
degree, and by gender, ethnicity, and race.
(c) The degree levels offered.
(d) Program completion rates.
(e) Placement data for vocational training programs, unless that
data already is required to be provided by the institution under
other requirements of this chapter.
(f) The schedule of tuition and fees required for each term,
program, course of instruction, or degree offered.
(g) If an institution submits an audited financial statement to
the United States Department of Education, the institution shall
submit a copy of that financial statement to the council.
(h) Financial information demonstrating compliance with
subdivisions (b) and (c) of Section 94880.
(i) Institutions having a probationary or conditional status shall
submit an annual report reviewing their progress in meeting the
standards required for approval status.
(j) Any additional information that the council may prescribe.
(k) Colleges and universities operating under subdivision (e) of
Section 94733 shall comply with the reporting requirements of
subdivisions (a), (b), (c), and (f) of this section.
Program completion rates and placement data shall be reported in
accordance with the standards and criteria prescribed by the council
pursuant to Section 94819 or Section 94884, whichever is applicable.
Based on the review of information submitted to fulfill the
requirements of this section, the council may initiate a compliance
review and may place the institution on probation pursuant to
Sections 94775 and 94789, and may require evidence of financial
stability and responsibility pursuant to Section 94880.
This section shall not apply to institutions or programs subject
to the requirements of Article 9 (commencing with Section 94840).
94831. (a) An institution that offers short-term seminar training
exclusively shall file annually with the council copies of all
advertising and promotional material, including catalogs and
brochures, and a declaration by an owner of the institution under
penalty of perjury for public disclosure setting forth all of the
following information:
(1) The owner's legal name, headquarters address, and the name of
an agent for the service of process within California.
(2) All names, whether real or fictitious, under which the owner
is doing and will do business.
(3) The names and addresses of the principal officers of the
ownership.
(b) This chapter, except for this section and Sections 94704,
Sections 94851 to 94864, inclusive, and Sections 94930, 94931, and
94977, does not apply to an institution that offers short-term
seminar training exclusively and that complies with this section.
Article 9. Student Protections
94840. This article shall be known, and may be cited, as the
Maxine Waters School Reform and Student Protection Act of 1989.
94841. (a) The Legislature finds and declares that students have
been harmed substantially and the public perception of reputable
institutions has been damaged because of the fraudulent, deceptive,
and unfair conduct of some institutions that offer courses of
instruction for a term of two years or less that are supposed to
prepare students for employment in various occupations. Students have
been induced to enroll in these schools through various
misrepresentations, including misrepresentations related to the
quality of education, the availability and quality of equipment and
materials, the language of instruction, and employment and salary
opportunities. Some of the most egregious misrepresentations are
made by representatives who recruit students at places other than the
institution's premises. Some students have been enrolled who do not
have the ability to benefit from the instruction. In addition, the
quality of the education offered is often inadequate to enable
students to obtain jobs after the completion of instruction.
(b) The Legislature further finds and declares that many students
who enroll in these schools pay their tuition from the proceeds of
loans and grants guaranteed or provided by the state and federal
governments. Students who leave schools before the completion of
instruction, often because of misrepresentations and inadequate
instruction, do not receive adequate refunds of tuition for the
instruction not received. Students remain liable to repay student
loans, but are frequently unable to do so in part because they were
unable to obtain the proper educational preparation for jobs.
Students also are harmed by the closure of institutions, often caused
by the fraud or mismanagement of the institution's operators,
because the students obtain neither the education promised nor a
refund of tuition and the cost of materials. As a result of all of
the foregoing, the state and federal governments spend many millions
of dollars annually to satisfy loan guarantees for often inadequate
and misrepresented vocational school courses.
(c) The Legislature further finds and declares that students have
been harmed by some institutions because of the financial
improprieties and mismanagement of those institutions, their failure
to fully disclose the student's financial and contractual
obligations, and their failure to have sufficient resources to
provide the promised training. The Legislature also finds that the
tuition refund policies of institutions often (1) encourage unfair
practices by creating a financial benefit to the institution if a
student drops out, and (2) do not encourage institutions to provide
adequate counseling or to adopt policies designed to curb student
dropouts. In addition, the Legislature finds that many institutions
have poor records of student completion and job placement, even
though these institutions expressly or implicitly represent that
students will receive sufficient training and skills to obtain well
paid employment in the field that is the subject of the training, and
that a reputable institution is one that complies with this chapter.
Consequently, the Legislature finds that the business of providing
occupational training, instruction, and related equipment by
commercial enterprises has a substantial impact on the economy of
this state and the welfare of its citizens.
(d) It is the intent and purpose of this article to protect
students and reputable institutions, assure appropriate state control
of business and operational standards, assure minimum standards for
educational quality, prohibit misrepresentations, require full
disclosures, prohibit unfair dealing, and protect student rights. It
is the intent and purpose of this article to save millions of
dollars of taxpayer's funds from being misused to underwrite the
activities of institutions that depart from the standards of fair
dealing and the requirements of this article.
(e) It is the further intent and purpose of this article to
establish incentives to reduce student dropouts, minimum fiscal
standards, minimum standards for admission based on the student's
ability to be successfully trained, and minimum standards for
institutional accountability for course completion and student
employment in the occupations or job titles to which the training is
represented to lead. The Legislature finds that the accountability
standards for completion and employment reflect a reasonable
tolerance for factors outside of an institution's control. It is
also the intent and purpose of this article to assure that the cost
to taxpayers of loans and grants for vocational instruction is
commensurate with the benefits obtained by students and flowing to
the state's economy.
(f) This article shall be liberally construed to effectuate its
intent and to achieve its purposes.
94842. The following definitions and provisions apply to this
article as follows:
(a) "Annual report," for purposes of Sections 94866 to 94873,
inclusive, means the report required to be filed pursuant to Section
94886.
(b) "Class" means a subject, such as English or mathematics, that
is taught as part of a course of instruction. "Class session" means
the part of a day in which an institution conducts instruction or
training in a particular class, such as an hour of instruction in
English or mathematics offered on a particular day of the week.
(c) "Council" means the Council for Private Postsecondary and
Vocational Education established pursuant to Section 94740.
(d) "Course" or "course of instruction," except as otherwise
provided, means the program of instruction, training, or education
represented to lead to an occupation or job title.
(e) "Educational service" means any education, training, or
instruction offered by an institution, including any equipment.
(f) "Employment," for the purpose of Sections 94866 to 94873,
inclusive, means full-time employment for at least 32 hours per week,
or any other time designated by the council, for a period of at
least 60 days in the occupations or job titles to which the course of
instruction is represented to lead.
(g) "Equipment" includes all textbooks, supplies, materials,
implements, tools, machinery, computers, electronic devices, or any
other goods related to any education, training, or instruction, or an
agreement for educational services or a course of instruction.
(h) "Licensure" includes any license, certificate, permit, or
similar credential which a person must hold to lawfully engage in any
occupation or activity.
(i) "Owner" means any person who has a legal or equitable interest
in 10 percent or more of an institution's stock or assets.
(j) "Person" means a natural person or any business entity,
regardless of the form of organization.
(k) "Person in control" means a person who has sufficient
capacity, directly or indirectly, to direct or influence the
management, policies, or conduct of the institution so that the
person can cause or prevent violations of this chapter. There is a
rebuttable presumption affecting the burden of proof that an owner,
director, or officer of an institution is a person in control.
(l) "Placement rate," for purposes of Sections 94866 to 94873,
inclusive, means the percentage of students who did both of the
following:
(1) Began the course, did not cancel pursuant to Section 94893,
and were originally scheduled at the time of enrollment to complete
the course during the applicable time period described in subdivision
(c) of Section 94866.
(2) Completed the course within the applicable time period
described in subdivision (c) of Section 94866 and started employment
within six months of completing the course.
(m) "Private postsecondary educational institution" or
"institution" means any person doing business in California who
offers to provide or provides, for a tuition, fee, or other charge,
any instruction, training, or education primarily to people who have
completed or terminated their secondary education or are beyond the
age of compulsory high school attendance. An "institution" includes
its branch and satellite campuses, unless otherwise provided.
(n) "Reporting period," for purposes of Sections 94866 to 94873,
inclusive, means the institution's fiscal year or any year-period
designated by the council to be covered in the institution's annual
report.
(o) "Representative" means an employee, an agent as defined in
Section 2295 of the Civil Code, an agent subject to any of Sections
94963 to 94973, inclusive, an agency subject to Section 94975, or any
person who, for compensation, (1) solicits, promotes, advertises, or
refers or recruits students or prospective students for an
institution or (2) is involved with enrollment, admissions, student
attendance, administration, financial aid, instruction, or job
placement assistance on behalf of an institution.
(p) "Total charge" means the total charge for a course of
instruction or other education, instruction, or training, including
the charge for tuition, equipment, finance charges, and all other
fees, charges, costs, and expenses.
(q) "Year" means a calendar year.
94843. This article applies to private postsecondary educational
institutions except any of the following:
(a) Institutions that are incorporated and lawfully operate as
nonprofit public benefit corporations pursuant to Part 2 (commencing
with Section 5110) of, or as nonprofit religious corporations
pursuant to Part 4 (commencing with Section 9110) of, Division 2, of
Title 1 of the Corporations Code and that are not managed or
administered by any entity for profit.
(b) Institutions that exclusively confer degrees upon the
completion of a course of study of two or more academic years that
are scheduled to be completed in not less than 18 months.
(c) Institutions that regularly confer degrees such as master or
doctorate on students who have completed a graduate course of study
of one or more years at a college or university.
94844. (a) Except for Sections 94851 to 94864, inclusive, and as
otherwise provided in this article, this article does not apply to
any educational service that meets any of the following conditions:
(1) The total charge for the educational service is seven hundred
fifty dollars ($750) or less.
(2) The total charge for the educational service is between seven
hundred fifty dollars ($750) and one thousand five hundred dollars
($1,500), no part of the total charge is paid from the proceeds of a
loan or grant under any federal or state program, and any of the
following conditions are satisfied:
(A) The educational service consists of 250 hours or less of
instruction and complies with Section 94846.
(B) The educational service is not represented to, and does not,
lead to, fit, or prepare a student for any employment in any
occupation or job title, and the educational service complies with
Sections 94846 and 94847.
(C) The educational service consists exclusively of home study or
correspondence instruction. However, the home study or
correspondence instruction shall comply with Sections 94880, 94886,
94890, 94895, and 94896.
(3) The educational service is approved by a governmental
licensing authority to be offered as continuing education in subjects
licensees are required to take as a condition of continued
licensure.
(4) The educational service is offered exclusively to assist
students to prepare for an examination for entrance into an
undergraduate or graduate course of study at an accredited or
approved college or university.
(5) The educational service is offered exclusively to assist
students who have obtained, or who are in the process of obtaining,
degrees after completing an undergraduate or graduate course of study
at a college or university, to prepare for an examination for
licensure in a recognized profession, such as medicine, dentistry,
accounting, or law.
(6) The educational service is three or more academic years, is
scheduled to be completed in not less than 27 months, the institution
does not admit students to the educational service more than four
times during a year, and the institution confers a diploma upon the
student's completion of the educational service.
(7) The educational service offers training exclusively in the
fine arts or performing arts such as training to be an actor, dancer,
author, vocal or instrumental musician, painter, sculptor,
photographer, or other similar field as may be designated by the
council.
(8) The educational service is more than 30 months in length, and
the total charge for the educational service is payable by the
student in equal monthly installments over the entire length of the
course, and the institution does not receive, nor obligate the
student to pay, an advance payment for more than one month.
(9) The educational service is offered pursuant to a contract
between the institution and a community college, a high school, or an
employer who has the responsibility for applicable costs, and the
students are not required to pay, or are not liable to pay, any part
of the total charge for the educational service.
(b) The exceptions established in paragraphs (1) and (2) of
subdivision (a) do not apply if the educational service is part of a
course of instruction offered to a student and the total charge or
the total number of hours of instruction for the course exceeds the
amount specified in the exception claimed by the institution.
94845. Commencing July 1, 1996, and at the end of each five-year
period thereafter, the council shall increase or decrease the dollar
amounts specified in paragraphs (1) and (2) of subdivision (a) of
Section 94844 by the cumulative change in the California Consumer
Price Index, as compiled and reported by the Department of Industrial
Relations, in the preceding five calendar years. The adjustment
shall be rounded to the nearest hundred dollar amount. The council
shall publish the adjustment in the California Register and shall
inform any person, upon request, of any adjustment.
94846. An institution offering educational services described in
subparagraph (A) or (B) of paragraph (2) of subdivision (a) of
Section 94844 shall not receive, and shall not obligate the student
for, more than one-half of the total charge in advance of the student'
s beginning the educational service and the balance of the total
charge before the chronological midpoint of the educational service.
94847. (a) An institution offering educational services described
in subparagraph (B) of paragraph (2) of subdivision (a) of Section
94844 shall disclose all of the following to a prospective student:
(1) The educational service is not offered to lead to any
employment in any occupational or job title.
(2) Federally guaranteed student loans or grants are not
available.
(3) The institution does not offer job placement assistance.
(b) The disclosure shall be made clearly and conspicuously in
every solicitation. The disclosure also shall be made orally and in
writing, in the manner described in subdivision (b) of Section 94897,
before the prospective student pays, or is obligated to pay, for any
educational services.
94848. It is the intent of the Legislature that if any
exception provided in paragraph (2) of subdivision (a) of Section
94844 is declared by a court to be invalid for any reason, all of the
provisions of this article shall apply to the institutions that
otherwise would be subject to that exception.
94849. This article applies to schools subject to Section 94914,
except as provided in that section.
94850. Sections 94810 to 94825, inclusive, do not apply to
institutions subject to this article. In the event of a conflict
between any other provision of this chapter and this article, this
article applies.
94851. No institution or representative of an institution shall
make any statement that is in any manner untrue or misleading, either
by actual statement, omission, or intimation.
94852. No institution or representative of an institution shall
engage in any false, deceptive, misleading, or unfair act in
connection with any matter, including any of the following: the
institution's advertising and promotion, the recruitment of students
for enrollment in the institution, the offer or sale of a course of
instruction, the enrollment or testing of students, the preparation
or submission of a student's application for a student loan or grant,
the financing of a course of instruction, course length, course
credits, the withholding of equipment, educational materials, or loan
or grant funds from a student, training and instruction, the
collection of payments, or job placement.
94853. An institution is liable in any civil or administrative
action or proceeding for any violation of this article committed by a
representative of the institution. An institution is liable in a
criminal action for violations of this article committed by a
representative of the institution to the extent permitted by law.
94854. No institution or representative of an institution shall
induce a person to enter into an agreement for a course of
instruction by offering to compensate that person to act as the
institution's representative in the solicitation, referral, or
recruitment of others for enrollment in the institution.
94855. No institution or representative of an institution shall
offer to pay or pay any consideration to a student or prospective
student to act as a representative of the institution with regard to
the solicitation, referral, or recruitment of any person for
enrollment in the institution either:
(a) During the 60-day period following the date on which the
student began the course.
(b) At any subsequent time if the student has not maintained
satisfactory academic progress in acquiring the necessary level of
education, training, skill, and experience to obtain employment in
the occupation or job title to which the course is represented to
lead. The institution shall have the burden of proof to establish
that the student has maintained satisfactory academic progress.
94856. No institution shall compensate a representative involved
in recruitment, enrollment, admissions, student attendance, or sales
of equipment to students on the basis of a commission, commission
draw, bonus, quota, or other similar method, except as follows:
(a) If the course of instruction is scheduled to be completed in
90 days or less, the institution shall pay compensation related to a
particular student only if that student completes the course.
(b) If the course of instruction is scheduled to be completed in
more than 90 days, the institution shall pay compensation related to
a particular student, as follows:
(1) No compensation shall be paid for at least 90 days after that
student has begun the course.
(2) Up to one-half of the compensation may be paid before the
student completes the course only if the student has made
satisfactory academic progress, documented by the institution in the
student's file, for more than 90 days.
(3) The remainder of the compensation shall be paid only after the
student's completion of the course.
This section does not prevent the payment at any time of an
hourly, weekly, monthly, or annual wage or salary.
94857. No institution or representative of an institution shall
pay any consideration to a person to induce that person to sign an
agreement for a course of instruction.
94858. No institution shall use a misleading name in any manner
implying any of the following:
(a) The institution is affiliated with any governmental agency,
public or private corporation, agency, or association.
(b) The institution is a public institution.
(c) The institution grants degrees.
94859. No institution or any representative of an institution
shall, in any manner, make any untrue or misleading change in, or
untrue or misleading statement related to, any test score, grade,
record of grades, attendance record, record indicating student
completion or employment, financial information, including any
financial report required to be filed pursuant to Sections 94886 and
94890, information or record relating to the student's eligibility
for financial assistance or attendance at the institution, or any
other record or document required by this chapter or by the council.
94860. No institution or any representative of an institution
shall falsify, destroy, or conceal any record or other item described
in Section 94859 while that record or item is required to be
maintained by this chapter or by the council.
94861. No institution or representative of an institution shall
use the terms "approval," "approved," "approval to operate," or
"approved to operate," without stating clearly and conspicuously that
approval to operate means compliance with minimum state standards
and does not imply any endorsement or recommendation by the state or
by the council. If the council has granted an institution approval
to operate, the institution or its representative may indicate that
the institution is "licensed" or "licensed to operate" but may not
state or imply that the institution or its courses of instruction are
endorsed or recommended by the state or by the council.
94862. No institution offering courses represented to lead to
occupations or job titles requiring licensure shall enter into an
agreement for a course of instruction with a person whom the
institution knows or, by the exercise of reasonable care, should
know, would be ineligible to obtain licensure in the occupation or
job title to which the course of instruction is represented to lead,
at the time of the scheduled date of course completion, for reasons
such as age, physical characteristics, or relevant past criminal
conviction.
94863. No institution shall divide or structure a course of
instruction or educational service to avoid the application of this
article.
94864. No institution or representative of an institution shall
direct a representative to perform any unlawful act, to refrain from
complaining or reporting unlawful conduct to the council or another
government agency, or to engage in any unfair act to persuade a
student not to complain to the council or another government agency.
94865. (a) In addition to making any other required disclosures,
a representative of an institution who, in any manner, solicits or
recruits any person in person at any place other than the institution'
s premises or by telephone for enrollment in a course of instruction
shall disclose all of the following, orally and, if the solicitation
is in person, in a correctly dated, written document given to the
person and printed in at least 10-point type and signed by the
representative:
(1) The representative is a paid recruiter for an institution and
the institution is not a public school.
(2) The representative is not offering a job, making job
referrals, or conducting a survey.
(3) There is no guarantee of a job after a student graduates from
the course of instruction.
(4) The total charge for the course of instruction or, if the
solicitation or recruitment is for more than one course, the range of
the total charges for the courses offered.
(b) The representative shall make the disclosures required by
paragraphs (1) to (3), inclusive, of subdivision (a) before
attempting to solicit or recruit any person. The representative
shall make the disclosure required by paragraph (4) of subdivision
(a) before the end of a solicitation or attempt to recruit any
person.
(c) A representative who solicits or recruits any person as
described in subdivision (a) shall provide the person with a copy of
the institution's current catalog or brochure, containing the
information described in paragraph (4) of subdivision (a) of Section
94884, which the person may retain without charge. The institution
or its representative shall provide the catalog or brochure required
by this subdivision at the time of an in-person solicitation or
recruitment or send the catalog or brochure within two days of a
telephonic solicitation or recruitment.
(d) No institution shall enter an agreement for a course of
instruction with, or prepare or assist in the preparation of a
student loan or grant application for, a person solicited or
recruited as described in subdivision (a) within three days of the
date on which the person was solicited or recruited.
(e) This section does not apply to solicitations or presentations
made at informational public appearances directed to five or more
people or to advertisements in print or broadcast media.
94866. (a) Every institution shall meet all of the following
performance standards for each course offered during the applicable
time period described in subdivision (c):
(1) Sixty percent or more of the students who began the course,
did not cancel pursuant to Section 94893, and were originally
scheduled at the time of enrollment to complete the course during
that period, shall complete it.
(2) Seventy percent or more of the students who completed the
course within that period shall obtain employment, starting within
six months after completing the course, in the occupations or job
titles to which the course of instruction was represented to lead.
For the purpose of this subdivision, "course of instruction" or
"course" includes all courses of instruction, however denominated,
that are represented to lead to the same or closely related
occupations or job titles.
(b) Every institution shall meet all of the following performance
standards for all courses in the aggregate offered by the institution
at each of its campuses during the applicable time period described
in subdivision (c):
(1) Sixty percent or more of all the students who began the
courses, did not cancel pursuant to Section 94893, and were
originally scheduled at the time of enrollment to complete these
courses during that time period, shall complete these courses.
(2) Seventy percent or more of all the students who completed the
courses within that time period shall obtain employment, starting
within six months after completing the courses, in the occupations or
job titles to which the courses of instruction were represented to
lead.
(c) (1) An institution's compliance with the standards prescribed
in subdivisions (a) and (b) shall be determined as of the date on
which the institution's reporting period ends.
(2) The institution shall report its determination of its
compliance with the standards established in subdivisions (a) and (b)
in its annual report.
(3) If any adjustment is made in the annual reporting periods, the
council may adjust when the "time period" commences but shall not
alter the two-year length of the period.
(d) An institution shall meet the standards prescribed in
subdivisions (a) and (b) at each campus at which the course or
courses are offered. A determination of whether a particular campus
meets the standards prescribed in subdivisions (a) and (b) shall be
based only on students who attended that campus. An institution
shall be subject to Sections 94868 and 94869 only with respect to its
campuses that fail to meet the standards prescribed in subdivisions
(a) and (b).
(e) For purposes of subdivisions (a) and (b), students who, as
documented by the institution, have been prevented from completing
the course or courses of instruction due to death, disability,
illness, pregnancy, military service, or participation in the Peace
Corps or Domestic Volunteer Service shall be excluded from the
computations used to determine whether an institution has met the
performance standards prescribed by those subdivisions.
94867. (a) This section applies only to institutions in which 15
or fewer students began a course or courses, did not cancel pursuant
to Section 94893, and were originally scheduled to complete the
course or courses within the applicable time period described in
subdivision (c) of Section 94866.
(b) If an institution described in subdivision (a) fails to meet
any of the standards prescribed in subdivision (a) or (b) of Section
94866, but would have met that standard if one additional student had
completed or obtained employment, the institution shall be deemed to
comply with Section 94866. If an institution described in
subdivision (a) fails to meet the standard for review established in
Section 94868, but would have met the standard if one additional
student had completed or obtained employment, the institution shall
be deemed subject to Section 94868.
94868. (a) This section applies only to an institution or any of
its campuses that fails to meet any of the following:
(1) Any of the standards established in subdivision (a) or (b) of
Section 94866 by 10 percent or less.
(2) Any of the standards established in subdivision (a) of Section
94866 by more than 10 percent, but has a placement rate of 42
percent or more for the course in which the standard was failed.
(3) Any of the standards established in subdivision (b) of Section
94866 by more than 10 percent, but has a placement rate of 42
percent or more for all courses in the aggregate.
(b) The council shall conduct a review of the campus failing the
standard and of the course in which the standard was failed. The
review also may include the institution. The review shall be
conducted within 90 days after the council receives information that
the institution or any of its campuses is not in compliance with any
of the standards prescribed in subdivisions (a) and (b) of Section
94866. The review may include an inspection of the institution's or
campus' facilities and records, interviews of administrators, job
placement personnel, faculty, and students, observation of classroom
instruction, a review of student complaints, and any other matters
deemed appropriate by the council. The council shall determine
whether the institution's failure to satisfy the standards was in any
manner caused by a violation of this chapter.
(c) If the institution did not meet the standards prescribed in
subdivision (a) of Section 94866, in whole or in part, because of any
violation of this chapter, the council shall order that the
institution cease offering the course of instruction at the campus
where the course was offered. If the institution did not meet the
standards prescribed in subdivision (b) of Section 94866, in whole or
in part, because of any violation of this chapter, the council shall
revoke the institution's approval to operate, or approval to operate
the branch or satellite campus where the courses were offered. No
action may be taken pursuant to this subdivision without notice and,
if requested by the institution, a hearing.
(d) If the institution's failure to meet the standards prescribed
in subdivision (a) or (b) of Section 94866 was not caused by a
violation of this chapter, the council shall order, after notice and,
if requested, after a hearing, the institution to implement a
program to achieve compliance with subdivisions (a) and (b) of
Section 94866. The program may include any of the following:
(1) Limitations on enrollment for specific courses of instruction.
(2) Revision of admission policies and screening practices to
assure that students have a reasonable expectation of completing
courses and obtaining employment.
(3) Increased academic counseling and other student support
services.
(4) Improved curricula, facilities, and equipment.
(5) Revisions to the qualifications and number of faculty.
(6) Improved job placement services, including revisions to the
qualifications and number of job placement personnel and the
expansion of contacts with employers and state and federal employment
development agencies.
(7) Any other reasonable procedure required by the council.
(e) If an institution is subject to an order pursuant to
subdivision (d), the council may require that the institution file
information or reports requested by the council. The council also
may monitor the institution in the manner provided in subdivision (b)
of Section 94907.
(f) (1) An institution subject to an order pursuant to subdivision
(d) shall satisfy the standards established in subdivisions (a) and
(b) of Section 94866 within the period designated by the council.
This period shall not extend more than (i) one year beyond the length
of the course for noncompliance with the standards prescribed by
subdivision (a) of Section 94866 or (ii) one year beyond the longest
course for noncompliance with the standards prescribed in subdivision
(b) of Section 94866.
(2) If the institution fails to satisfy the standards of
subdivision (a) of Section 94866 within the period designated by the
council, the council shall order the institution to cease offering
the course of instruction at the campus where that course was
offered. If the institution fails to satisfy the standards of
subdivision (b) of Section 94866 within the period designated by the
council, the council shall revoke the institution's approval to
operate, or approval to operate the branch or satellite campus where
the courses were offered. No action shall be taken pursuant to this
paragraph without notice and, if requested by the institution, a
hearing.
94869. If an institution fails to meet any of the standards
established in subdivision (a) of Section 94866 by more than 10
percent and does not have a placement rate of 42 percent or more for
the course in which the standard was failed, the council shall order
the institution to cease offering the course of instruction at the
campus where the course was offered. If the institution fails to
meet any of the standards prescribed in subdivision (b) of Section
94866 by more than 10 percent and does not have a placement rate of
42 percent or more for all courses in the aggregate, the council
shall revoke the institution's approval to operate, or approval to
operate the branch or satellite campus where the courses were
offered. No action shall be taken pursuant to this section without
notice and, if requested by the institution, a hearing.
94870. (a) An institution shall have the burden of proving its
compliance with Sections 94866 to 94873, inclusive.
(b) The council shall investigate an institution whenever the
council deems appropriate to verify the institution's compliance with
Sections 94866 to 94873, inclusive. The investigation shall include
an examination of the records maintained by the institution pursuant
to Section 94872 and contacts with the students and employers.
(c) If an institution willfully falsifies, alters, destroys,
conceals, or provides untrue or misleading information relating to
compliance with Sections 94866 to 94873, inclusive, including records
maintained pursuant to Section 94872, the council shall revoke the
institution's approval to operate. No action shall be taken pursuant
to this subdivision without notice and, if requested by the
institution, a hearing. This provision supplements, but does not
supplant, any other penalty or remedy provided by law.
(d) The institution shall pay all reasonable costs and expenses
incurred by the council in connection with Sections 94866 to 94873,
inclusive, at a time designated by the council.
94871. If the council, pursuant to Section 94868 or 94869, orders
an institution to cease offering a course of instruction, or revokes
the approval of an institution to operate or operate a branch or
satellite campus, the institution, no sooner than two years after the
order to cease or revocation became effective, may apply for
approval to offer that course or for approval to operate. Before the
council may grant any approval, the institution shall establish that
it complies with this chapter, each course satisfies all of the
minimum standards prescribed by this chapter, and the circumstances
surrounding the institution's failure to meet the requirements of
Sections 94866 to 94873, inclusive, have sufficiently changed so that
the institution will be substantially likely to comply with those
sections.
94872. An institution shall maintain records of the name,
address, and telephone number of students who enroll in a course of
instruction, including students who begin the course and students who
cancel pursuant to Section 94893, and of students who graduate from
that course of instruction. An institution shall inquire whether
students who complete a course of instruction obtain employment
starting within six months of completing the lead and continue in
employment for a period of at least 60 days. The inquiry shall be
documented by a list indicating each student's name, address, and
telephone number; the employer's name, address, and telephone number;
the name, address, and telephone number of the person who provided
the information regarding the student's employment to the
institution; the name, title, or description of the job; the date the
student obtained employment; and the duration of the student's
employment.
94873. If an order to cease offering a course or a revocation is
issued pursuant to Sections 94866 to 94873, inclusive, the council
may permit the institution to continue to offer the course or courses
of instruction to the students who had begun the course or courses
before the effective date of the order or revocation or may order
the institution to cease instruction and provide a refund of tuition
and all other charges to students.
94880. (a) As a condition of maintaining its approval to operate,
an institution shall maintain sufficient financial resources to do
all of the following:
(1) Satisfy minimum standards prescribed by Article 5 (commencing
with Section 94780) or Section 94791, whichever is applicable.
(2) Provide the education, training, skill, and experience the
institution in any manner represented it would provide.
(3) Pay timely refunds as required by Sections 94893, 94895,
94896, 94899, and 94904.
(b) The council may find that an institution does not have
sufficient financial resources to comply with subdivision (a) if any
of the following occurs:
(1) The institution fails to have available sufficient funds and
accounts receivable to pay all operating expenses due within 30 days.
For purposes of this subdivision, "funds" means cash or assets that
can be converted into cash within seven days.
(2) The institution fails to maintain a ratio of current assets to
current liabilities of 1.25 to 1, as determined in accordance with
this subdivision and, to the extent not provided in this subdivision,
generally accepted accounting principles. For purposes of this
paragraph, "current assets" does not include: (A) intangible assets,
including goodwill, going concern value, organization expense,
startup costs, long-term prepayment of deferred charges, and
nonreturnable deposits; or (B) state or federal grant funds that are
not the property of the institution but are held for future
disbursement for the benefit of students.
Unearned tuition shall be accounted for in accordance with
generally accepted accounting principles.
(3) The institution's liabilities exceed its assets. "Assets"
shall not include any item described in subparagraphs (A) and (B) of
paragraph (2). "Liabilities" shall include unearned tuition.
(4) The institution has had operating losses, as determined under
generally accepted accounting principles, in each of the institution'
s two most recent fiscal years.
(c) (1) In determining an institution's compliance with
subdivision (a), the council, at the institution's request, may
consider the financial resources of a parent corporation if the
parent corporation files with the council, and at all times complies
with, an irrevocable and unconditional agreement approved by its
board of directors that satisfies all of the requirements of
paragraph (2).
(2) The agreement described in paragraph (1) shall require the
parent corporation to do all of the following:
(A) Consent to be sued in California.
(B) Consent to be subject to the administrative jurisdiction of
the council and the Student Aid Commission in connection with the
institution's compliance with this chapter.
(C) Appoint an agent for service of process in California and all
notices required by this chapter.
(D) Agree to pay any refund, claim, penalty, or judgment which the
institution is obligated to pay.
(E) File financial reports, maintain financial records, and permit
the inspection and copying of financial records to the same extent
as is required of the institution.
(3) For purposes of this subdivision, a "parent corporation" means
a corporation that owns more than 80 percent of the stock of the
institution whose financial resources are at issue.
(d) If an institution does not comply with subdivision (a), the
council may do any, or any combination of, the following:
(1) Require the institution to establish and implement a financial
plan to assure compliance with subdivision (a).
(2) Require the institution to post satisfactory security for the
performance of its financial obligations pursuant to subdivision (a).
(3) Require the institution to furnish additional information,
such as an audit report of financial statements prepared by a
California licensed certified public accountant who is not an
employee, officer, or director of the institution.
(4) Proceed pursuant to Sections 94906 to 94911, inclusive.
(e) In any action or proceeding involving an institution's failure
to comply with subdivision (a), there shall be a presumption
affecting the burden of proof, which an institution may rebut, that
the institution does not have sufficient financial resources to
comply with subdivision (a) if the institution fails to meet any of
the standards set forth in subdivision (b).
94881. If any person willfully violates this article and the
violation results in the closure of an institution, that person
shall pay to all students of the closed institution full refunds or
full compensation for actual damages resulting from the closure that
were not paid by the closed institution.
94882. No institution shall establish a branch or satellite
campus unless the branch or satellite campus has been approved first
by the council as complying with the minimum criteria prescribed in
Sections 94780 to 94789, inclusive, or Section 94791, whichever is
applicable, and unless the institution complies with this chapter.
94883. The council may suspend or revoke an institution's
approval to operate or order probation or the posting of a bond, as
provided in Sections 94906 to 94911, inclusive, for any of the
following reasons:
(a) The institution has failed to make timely refunds to, or on
behalf of, students, as required by Sections 94893, 94895, 94896,
94899, and 94904, or has not satisfied, within 30 days of its
issuance, a final judgment obtained by a student against the
institution.
(b) The institution or an owner, person in control, director, or
officer of the institution is, or has been, found in any criminal,
civil, or administrative proceeding, after notice and an opportunity
to be heard, to have violated any law regarding the obtaining,
maintenance, or disbursement of state or federal loan or grant funds,
or any other law substantially related to the operation of the
institution.
(c) The institution, or a person in control of the institution is,
or has been, found in any criminal, civil, or administrative
proceeding, after notice and an opportunity to be heard, to have
unpaid financial liabilities involving the refund or unlawful
acquisition, use, or expenditure of state or federal financial aid
funds.
(d) (1) All of the following are, or have been, found in any
criminal, civil, or administrative proceeding:
(A) A person in control of the institution was a person in control
of another institution within one year before that institution's
closure.
(B) While the person was acting as a person in control of the
other institution, the person knew, or by the exercise of reasonable
care should have known, that the institution violated this chapter.
(C) That violation was a cause of that institution's closure or of
damage to students.
(D) That institution did not pay to all students refunds owed as a
result of the closure and full compensation for actual damages from
that violation.
(E) The person in control has not paid to all students of the
closed institution refunds owed and full compensation for actual
damages resulting from the closure that were not paid by the closed
institution.
For purposes of this subdivision, "closure" includes closure of a
branch or satellite campus, the termination of either the
correspondence or residence portion of a home study or correspondence
course, and the termination of a course of instruction for some or
all of the students enrolled in the course before the time these
students were originally scheduled to complete it or before a student
who has been continuously enrolled in a course of instruction has
been permitted to complete all the educational services and classes
that comprise the course.
94884. (a) Before a person executes an agreement obligating that
person to pay any money to an institution for a course of instruction
or related equipment, the institution shall provide the person with
all of the following:
(1) A copy of the agreement containing all of the information
required by Section 94897.
(2) If the institution has offered the course of instruction for
at least one calendar year, it shall provide orally and in writing
all of the following information:
(A) The completion rate for students in the course of instruction
for the most recent calendar year that ended not less than 18 months
prior to the date of disclosure. This rate shall be calculated by
determining the percentage of students enrolled in the course of
instruction who were originally scheduled, at the time of enrollment,
to complete the course of instruction in that calendar year who
successfully completed the course of instruction, or who obtained
full-time employment in the occupation or job title category for
which the training was offered, within 150 percent of the amount of
time normally required to complete the course of instruction.
(B) The job placement rate for students who were originally
scheduled, at the time of enrollment, to complete the course of
instruction in the most recent calendar year that ended not less than
18 months prior to the date of disclosure. In calculating this
rate, the institution shall consider as not having obtained
employment any graduate or other student for whom the institution
does not possess evidence, documented in the student's file, showing
that the graduate or other student has obtained employment in the
occupation or job title category for which the course of instruction
is offered.
(C) Any other information necessary to substantiate the truth of
any claim made by the institution as to job placement.
(D) If the institution or a representative of the institution
makes any express or implied claim about the salary that may be
earned after completing a course of instruction, such as a claim that
the student may be able to repay a student loan from the salary
received at a job obtained following completion of the course of
instruction, the following disclosures shall be made orally and in
writing:
(i) The percentage of students who were originally scheduled, at
the time of enrollment, to complete the course of instruction in the
most recent calendar year that ended not less than six months prior
to the date of disclosure who earn salaries at or above the claimed
level.
(ii) The ranges of monthly salaries earned by these students in
two hundred dollar ($200) increments and the number of these students
in each salary range.
(E) If the institution or a representative of the institution in
any manner represents that the course of instruction might lead to
employment in an occupation or job title for which a state licensing
examination is required, the following disclosures shall be made
orally and in writing:
(i) All licensure or certification requirements established by the
state for the occupation or job title category.
(ii) The pass rate of graduates of the course of instruction
offered by that institution for the most recent calendar year that
ended not less than six months prior to the date of disclosure on any
licensure or certification examination required by the state for the
particular occupation or job title.
(3) If the institution has offered the course of instruction for
less than one calendar year, the following statement: "This course
is new. We are not able to tell you how many students graduate, how
many students find jobs, or how much money you can earn after
finishing this course."
(4) A current catalog or brochure containing information
describing the courses offered, all of the occupations or job titles,
if any, to which the course of instruction is represented to lead,
length of program, faculty and their qualifications, schedule of
tuition payments, fees, and all other charges and expenses necessary
for completion of the course of instruction, cancellation and refund
rights, the total cost of tuition over the entire period, a
description of the student's rights under the Student Tuition
Recovery Fund established pursuant to Section 94981, and all other
material facts concerning the institution and the course of
instruction that might reasonably affect the student's decision to
enroll.
(5) If applicable, the following disclosures shall be made orally
and in writing:
(A) If the student obtains a loan to pay for the course of
instruction, the student will have the responsibility to repay the
full amount of the loan plus interest, less the amount of any refund.
(B) If the student is eligible for a loan guaranteed or reinsured
by the state or the federal government and the student defaults on
the loan:
(i) The federal or the state government or the loan guarantee
agency can take action against the student, including applying any
income tax refund to which the person is entitled to reduce the
balance owed on the loan.
(ii) The student may not be eligible for any other federal
financial assistance for education at a different school or for
government housing assistance until the loan is repaid.
(C) The institution is not a public institution.
(D) The institution has filed, or has had filed against it, a
petition in bankruptcy.
(6) A written statement set forth in a table of the amount of the
refund to which the student would be entitled if the student withdrew
from the course after completing a period of days or weeks of
instruction equivalent to 10 percent, 25 percent, 50 percent, 60
percent, and 75 percent of the course of instruction. The
disclosures required by this paragraph may be set forth in the
agreement for the course.
(b) The information required by paragraph (2) of subdivision (a)
shall be documented by the institution with all facts needed to
substantiate that information. Any information regarding a student's
employment shall be based on an inquiry by the institution and shall
be documented by a list indicating the student's name, address, and
telephone number; the employer's name, address, and telephone number;
the name and address or telephone number of the person who provided
the information regarding the student's employment to the
institution; the name, title, or description of the job; the date the
student obtained the job; the duration of the student's employment;
and the amount of the salary, if any salary claim has been made.
(c) No institution that has offered a course of instruction for
less than one year shall make any express or implied claims about the
salary that a student may earn after completing the course of
instruction.
(d) The institution shall provide the catalog or brochure
described in paragraph (4) of subdivision (a) to any person upon
request.
(e) The written disclosure of information required by
subparagraphs (A), (B), and (E) of paragraph (2) of subdivision (a)
may be made on the form prescribed in Appendix A, Form I, in 34 Code
of Federal Regulations, Part 668, or any other similar form
prescribed by law for the disclosure of that information.
(f) No institution shall obtain the signature of any person to an
agreement obligating that person to pay any money to the institution
until the person has had a reasonable opportunity to read and review
all of the items described in subdivision (a).
(g) For purposes of subdivision (a), a student is "originally
scheduled, at the time of enrollment, to complete the course of
instruction" on the date when the student will have been enrolled in
the course of instruction for the amount of time normally required to
complete the course of instruction. The amount of time normally
required to complete the course of instruction is the period of time
specified in the institution's enrollment contract, catalog, or other
materials for completion of the course of instruction by a full-time
student, or the period of time between the date of enrollment and
the anticipated graduation date appearing on the student's loan
application, if any, whichever is less. However, the amount of time
normally required to complete the program shall be calculated on a
pro rata basis for students enrolled on a less than full-time basis.
(h) The disclosure of any information pursuant to Section 94865
shall not relieve any institution of any obligation to make any
disclosure required under this section.
(i) Notwithstanding this section, an institution offering a home
study or correspondence course need not orally make the disclosures
required by this section in connection with that course if the
institution did not orally solicit or recruit the student for
enrollment and the student enrolled by mail.
94885. If a state board, bureau, department, or agency has
established the minimum number of classes or class hours or the
minimum criteria of a course of instruction necessary for licensure
in an occupation and an institution offers a course of instruction
differing from the state agency's minimum requirements, the
institution shall disclose orally and in writing the state agency's
minimum requirements and how the course of instruction differs from
those criteria. The institution shall make this disclosure before a
prospective student executes an agreement obligating that person to
pay any money to the institution for the course of instruction.
94886. (a) Every institution shall file annually with the
council, on July 1, or another date designated by the council, a
report subscribed under penalty of perjury that contains all of the
following:
(1) The information described in subdivisions (a) and (b) of
Section 94866.
(2) The information described in paragraph (2) of subdivision (a)
of Section 94884.
(3) A statement that the information is documented as provided in
subdivision (e) of Section 94866 and subdivision (b) of Section
94884.
(4) Financial information demonstrating compliance with
subdivisions (b), (c), (d), and (e) of Section 94880.
(5) Any additional information that the council may prescribe.
(b) The council shall maintain each report for 10 years and shall
provide copies of the reports to any person upon request.
(c) Based on the review of the information submitted pursuant to
this section, the council may initiate a compliance review, may take
action including placing the institution on probation as provided in
Section 94907, or may require evidence of compliance with this
article in a form satisfactory to the council.
94886.5. (a) An institution shall notify the council in writing
at least 30 days before the institution (1) increases the amount of
any salary, dividend, distribution, or cash draw paid to any person
in a calendar year by twenty thousand dollars ($20,000) or more than
the amount paid to that person during the prior calendar year, (2)
pays one or more salary advances to any person in an aggregate amount
of twenty thousand dollars ($20,000) or more, or (3) makes or
guarantees loans to any person in an aggregate amount of ten thousand
dollars ($10,000) or more. The notice shall contain the amount to
be paid, the amount paid during the calendar year, and the name of
the recipient.
(b) If the council determines that the proposed payment, loan, or
loan guarantee would cause the institution to violate the financial
and fiduciary standards required under this chapter, the council
shall so notify the institution. The council shall take appropriate
action to prevent any proposed violation of this chapter.
(c) The council shall not disclose the notice filed pursuant to
subdivision (a) to any person except in an administrative or judicial
proceeding or as required by any law, subpoena, or court order.
94887. Except as provided in Section 94900, an institution shall
not disclose the records maintained pursuant to subdivision (e) of
Section 94866 and subdivision (b) of Section 94884 unless production
of those records is required by any law, subpoena, or court order.
94888. (a) Every institution shall designate and maintain an
agent for service of process within this state and provide the name,
address, and telephone number of the agent to the council. The
council shall furnish the agent's name, address, and telephone number
to any person upon request.
(b) If an institution is not operating in California when it
applies for approval to operate, the institution shall set forth the
name, address, and telephone number of its agent for service of
process in the institution's application.
(c) If an institution fails to designate or maintain an agent for
service of process pursuant to subdivision (a) and if service on the
institution cannot reasonably be effected in the manner provided in
Section 415.10, 415.20, 415.30, or 415.40 of the Code of Civil
Procedure, the institution may be served by leaving a copy of the
process or any other document in an office of the council and by
sending, by first-class mail, a notice of the service upon the
council and a copy of the process or other document to the
institution at its last address on file with the council. Service in
this manner shall be deemed complete on the 10th day after that
mailing to the institution. Proof of service may be made by a
declaration showing compliance with this subdivision.
94889. (a) When a person executes an agreement obligating that
person to pay any money to an institution for a course of instruction
or related equipment, the institution shall provide the person with
a document containing only the following notice:
"NOTICE OF STUDENT RIGHTS (12-point bold type)
"1. You may cancel your contract for school, without any penalty
or obligation on the fifth business day following your first class
session as described in the Notice of Cancellation form that will be
given to you at (insert "the first class you go to" or "with the
first lesson in a home study or correspondence course," whichever is
applicable). A different cancellation policy applies for home study
or correspondence courses.
Read the Notice of Cancellation form for an explanation of your
cancellation rights and responsibilities. If you have lost your
Notice of Cancellation form, ask the school for a sample copy.
"2. After the end of the cancellation period, you also have the
right to stop school at any time, and you have the right to receive a
refund for the part of the course not taken. Your refund rights are
described in the contract. If you have lost your contract, ask the
school for a description of the refund policy.
"3. If the school closes before you graduate, you may be entitled
to a refund. Contact the Council for Private Postsecondary and
Vocational Education at the address and telephone number printed
below for information.
"4. If you have any complaints, questions, or problems which you
cannot work out with the school, write or call the Council for
Private and Postsecondary Education:
____________________________________________________________________
(insert address and telephone number of the Council for
Private Postsecondary and Vocational Education)"
(b) Except as otherwise provided in subdivision (a), the notice
required by subdivision (a) shall be printed in 10-point type in
English and, if any solicitation or negotiation leading to the
agreement for a course of instruction was in a language other than
English, in that other language.
(c) A copy of the notice, in each language in which the notice was
printed pursuant to subdivision (b), shall be posted at all times in
a conspicuous place at the main entrance of the institution, in each
admissions office, and in each room used for instruction. The
council may prescribe the size and format of the posted notice. This
subdivision does not apply to an institution that exclusively offers
correspondence or home study courses.
(d) Upon request, the institution shall provide a student with a
copy of a Notice of Cancellation form, a written description of the
student's refund rights, a copy of the contract executed by the
student, a copy of documents relating to loans or grants for the
student, and a copy of any document executed by the student.
(e) The council may provide for the inclusion of additional
information in the notice set forth in subdivision (a).
94890. (a) The institution shall submit a copy to the council, at
the time of filing, of each return and report of wages required
pursuant to Section 1088 of the Unemployment Insurance Code.
(b) (1) The institution shall file biennially with the council an
audit report of financial statements conducted by a licensed
certified public accountant in accordance with generally accepted
auditing standards. The report shall include the financial
information required by Section 94901 and average monthly
expenditures. Work papers for the audit shall be retained for five
years from the date of the audit report and shall be made available
to the council upon request after the completion of the audit.
(2) If an institution submits an audited financial report meeting
the requirements of paragraph (1) to the United States Department of
Education and if that report was prepared within six months of the
time a report is required to be filed under paragraph (1), the
institution may comply with paragraph (1) by submitting a copy of
that report to the council.
94891. (a) No institution shall pay any consideration to any
agent, subject to Sections 94963 to 94974, inclusive, who has not
complied with those sections, or enter into an agreement, as
described in Section 94897, with any person who was recruited or
solicited to enroll in that institution by an agent who was not in
compliance with Sections 94963 to 94974, inclusive, at the time of
the recruitment or solicitation.
(b) No institution shall pay any consideration to any agency,
subject to Section 94975, that has not complied with that section, or
enter into an agreement, as described in Section 94897, with any
person who was recruited or solicited to enroll in that institution
by an agency or by an agent employed by or under contract with the
agency if the agency was not in compliance with Section 94975 at the
time of the recruitment or solicitation.
94892. The enrollment, course completion, and employment data
used to determine compliance with subdivisions (a) and (b) of Section
94866 and paragraph (2) of subdivision (a) of Section 94884 shall
continue to apply to an institution notwithstanding a change in the
institution's ownership, name, or identification number.
94892.5. (a) As used in this section, "ESL instruction" means any
educational service involving instruction in English as a second
language.
(b) No institution shall offer ESL instruction without the prior
approval of the council.
(c) The council shall not approve an institution's offering of ESL
instruction unless that institution complies with the minimum
standards established in Section 94781.
(d) An institution that offers ESL instruction to a student shall
not enroll the student in any educational service presented in the
English language unless the student passes a test indicating that he
or she has attained adequate proficiency in oral and written English
to comprehend instruction in English.
(e) A student who has completed ESL instruction at an institution
shall not be enrolled in any course of instruction presented in the
English language at that institution unless the student passes a test
indicating that he or she has attained adequate proficiency in oral
and written English to be successfully trained by English language
instruction to perform tasks associated with the occupations or job
titles to which the educational program is represented to lead.
(f) If an institution offers ESL instruction to a student to
enable the student to use already existing knowledge, training, or
skills in the pursuit of an occupation, the institution shall test
the student after the student completes the ESL instruction to
determine that the student has attained adequate proficiency in oral
and written English to use his or her existing knowledge, training,
or skills. Before enrolling the student in ESL instruction, the
institution shall document the nature of the student's existing
knowledge, training, or skills and that the ESL instruction is
necessary to enable the student to use that existing knowledge,
training, or skills.
(g) If an institution offers ESL instruction to a student in
connection with a course of instruction leading to employment in any
occupation requiring licensure awarded after the passage of an
examination offered in English, the institution shall test the
student after the student completes the ESL instruction to determine
that the student has attained a level of proficiency in English
reasonably equivalent to the level of English in which the licensure
examination is offered.
(h) If the results of a test administered pursuant to subdivision
(d), (e), (f), or (g) indicate that the student has not attained
adequate English language proficiency after the completion of ESL
instruction, the institution shall (1) make a full refund of the
total charge for the ESL instruction, or (2) offer the student the
choice of either enrolling without charge in additional ESL
instruction until the student attains adequate English language
proficiency or obtaining a full refund of the total charge for the
ESL instruction. The institution shall pay refunds within 30 days
and shall comply with subdivisions (c) and (d) of Section 94895.
(i) This section does not apply to grantees funded under Section
1672 of Title 29 of the United States Code.
(j) The institution shall, for five years, retain an exemplar of
each language proficiency test administered pursuant to this section,
an exemplar of the answer sheet for each test, a record of the score
for each test, the answer sheets or other responses submitted by
each person who took each test, and the documentation required by
subdivision (f).
(k) (1) In addition to any applicable provisions of this chapter,
this article, except for Sections 94866 to 94873, inclusive,
subparagraph (B) of paragraph (2) of subdivision (a) of Section
94884, and Section 94898, applies to institutions offering ESL
instruction.
(2) For the purpose of determining compliance with this article,
ESL instruction shall be deemed a course and a charge shall be deemed
to be made for ESL instruction if a student is obligated to make any
payment in connection with any educational service, including, but
not limited to, the ESL instruction that is offered by the
institution.
(l) The tests used by an institution pursuant to this section
shall be tests that are approved by the United States Department of
Education or tests such as the Test of English as a Foreign Language
and the Comprehensive Adult Student Assessment System that are
generally recognized by public and private institutions of higher
learning in this state for the evaluation of English language
proficiency. An institution shall demonstrate to the council that
the tests and passing scores that it uses establish that students
have acquired the degree of proficiency in oral and written English
required by subdivision
(d), (e), (f), or (g), whichever is applicable. The required
level of proficiency in oral and written English shall not be lower
than the sixth grade level.
(m) All tests shall be independently administered, without charge
to the student and in accordance with the procedures specified by the
test publisher. The tests shall not be administered by a previous
or current owner, director, consultant, or representative of the
institution or by any person who previously had, or currently has, a
direct or indirect financial interest in the institution other than
the arrangement to administer the test. The council shall adopt
regulations that contain criteria to ensure independent test
administration including the criteria established by the United
States Department of Education and set forth on pages 52160 and 52161
of Volume 55 of the Federal Register, dated December 19, 1990.
94893. (a) In addition to any other right of rescission, the
student shall have the right to cancel an agreement for a course of
instruction including any equipment, until midnight of the fifth
business day after the day on which the student (1) attended the
first class of the course of instruction that is the subject of the
agreement or received the first lesson in a home study or
correspondence course, (2) received a copy of the notice of
cancellation as provided in Section 94894, or (3) received a copy of
the agreement and the disclosures as required by subdivision (a) of
Section 94884, whichever is later. If the first lesson in a home
study or correspondence course is sent to the student by mail, the
institution shall send it by first-class mail, postage prepaid,
documented by a certificate of mailing, and the student shall have a
right to cancel until midnight of the eighth business day after the
first lesson was mailed.
(b) Cancellation shall occur when the student gives written notice
of cancellation to the institution at the address specified in the
agreement.
(c) The written notice of cancellation, if given by mail, is
effective when deposited in the mail properly addressed with postage
prepaid.
(d) The written notice of cancellation need not take a particular
form and, however expressed, is effective if it indicates the student'
s desire not to be bound by the agreement.
(e) Except as provided in subdivision (f), if the student cancels
the agreement, the student shall have no liability, and the
institution shall refund any consideration paid by the student within
10 days after the institution receives notice of the cancellation.
(f) If the institution gave the student any equipment, the student
shall return the equipment within 10 days following the date of the
Notice of Cancellation. If the student fails to return the equipment
within this 10-day period, the institution may retain that portion
of the consideration paid by the student equal to the documented cost
to the institution of the equipment and shall refund the portion of
the consideration exceeding the documented cost to the institution of
the equipment within 10 days after the period within which the
student is required to return the equipment. The student may retain
the equipment without further obligation to pay for it.
(g) For the purpose of determining the time within which a student
may cancel that student's agreement for a course, as described in
this section and Sections 94889 and 94894, "business day" means the
following:
(1) Except as provided in paragraph (2), a day on which that
student is scheduled to attend a class session.
(2) For home study or correspondence courses, any calendar day
except Saturday, Sunday, or any holiday enumerated in Section 6700 of
the Government Code.
94894. (a) The institution shall provide the student with two
cancellation forms at the first class attended by the student or with
the first lesson in a home study course submitted by the student.
The form shall be completed in duplicate, captioned "Notice of
Cancellation" and shall contain the following statement:
"Notice of Cancellation
______________________________
(Date)
(Enter date of first class, date
first lesson received, or date
first lesson was mailed, whichever
is applicable)
"You may cancel this contract for school, without any penalty or
obligation by the date stated below.
"If you cancel, any payment you have made and any negotiable
instrument signed by you shall be returned to you within 10 days
following the school's receipt of your cancellation notice.
"But, if the school gave you any equipment, you must return the
equipment within 10 days of the date you signed a cancellation
notice. If you do not return the equipment within this 10-day
period, the school may keep an amount out of what you paid that
equals the cost of the equipment. The school is required to refund
any amount over that as provided above, and you may keep the
equipment.
"To cancel the contract for school, mail or deliver a signed and
dated copy of this cancellation notice, or any other written notice,
or send a telegram to
___________________________, at
________________________________.
(name of institution) (address of institution)
"NOT LATER THAN ____________________________________
(Enter midnight of the date that is the fifth
business day following the day of the first class or
the day the first lesson was received or, if the
lesson was sent by mail, the eighth business day
following the day of mailing, whichever is
applicable)
"I cancel the contract for school.
__________________________________
(Date)
__________________________________
(Student's signature)
"REMEMBER, YOU MUST CANCEL IN WRITING. You do not have the right
to cancel by just telephoning the school or by not coming to class.
"If you have any complaints, questions, or problems which you
cannot work out with the school, write or call the Council for
Private Postsecondary and Vocational Education:
______________________________________________________________________
_______
(insert address and telephone number of the Council for
Private Postsecondary and Vocational Education)"
94895. (a) Each student of an institution has the right to
withdraw from a course of instruction at any time.
(b) If a student withdraws from a course of instruction after the
period described in subdivision (a) of Section 94893, the institution
shall remit a refund as provided in Section 94896 less a
registration fee not exceeding seventy-five dollars ($75) within 30
days following the student's withdrawal.
(c) If any portion of the tuition was paid from the proceeds of a
loan, the refund shall be sent to the lender or, if appropriate, to
the state or federal agency that guaranteed or reinsured the loan.
Any amount of the refund in excess of the unpaid balance of the loan
shall be first used to repay any student financial aid programs from
which the student received benefits, in proportion to the amount of
the benefits received, and any remaining amount shall be paid to the
student.
(d) Within 10 days of the day on which the refund is made, the
institution shall notify the student in writing of the date on which
the refund was made, the amount of the refund, the method of
calculating the refund, and the name and address of the entity to
which the refund was sent. The following statement shall be placed at
the top of the notice in a least 10-point bold face type: "This
Notice Is Important. Keep It For Your Records."
94896. (a) (1) Except as provided in paragraph (2), the refund
shall be the amount the student paid for instruction multiplied by a
fraction, the numerator of which is the number of hours of
instruction which the student has not received but for which the
student has paid, and the denominator of which is the total number of
hours of instruction for which the student has paid.
The refund amount shall be adjusted as provided in subdivision (b)
or (c) for equipment, if applicable.
(2) For an educational service offered by home study or
correspondence, the refund shall be the amount the student paid for
lessons multiplied by a fraction, the numerator of which is the
number of lessons for which the student has paid but which the
student has not completed and submitted, and the denominator of which
is the total number of lessons for which the student has paid. The
refund amount shall be adjusted as provided in subdivision (b) or (c)
for equipment and as provided in subdivision (d) for resident
instruction, if applicable.
(3) Notwithstanding any provision in any agreement, (A) all
amounts that the student has paid, however denominated, shall be
deemed to have been paid for instruction, unless the student has paid
a specific charge for equipment set forth in the agreement for the
course of instruction, (B) in the case of an educational service
offered by home study or correspondence, all amounts that the student
has paid, however denominated, shall be deemed to have been paid for
lessons unless the student has paid a specific charge for equipment
or resident instruction set forth in the agreement for the
educational service, (C) the total number of hours necessary to
complete each lesson of home study or correspondence instruction
shall be substantially equivalent to each other lesson unless
otherwise permitted by the council, and (D) an equal charge shall be
deemed to have been made for each hour of instruction or each lesson.
(b) If the institution specifies in the agreement a separate
charge for equipment that the student actually obtains and the
student returns that equipment in good condition, allowing for
reasonable wear and tear, within 30 days following the date of the
student's withdrawal, the institution shall refund the charge for the
equipment paid by the student. If the student fails to return that
equipment in good condition, allowing for reasonable wear and tear,
within 30 days following the date of the student's withdrawal, the
institution may offset against the refund calculated under
subdivision (a) the documented cost to the institution of that
equipment. The student shall be liable for the amount, if any, by
which the documented cost for equipment exceeds the refund amount
calculated under subdivision (a). For purposes of this subdivision,
equipment cannot be returned in good condition if the equipment
cannot be reused because of clearly recognized health and sanitary
reasons and this fact is clearly and conspicuously disclosed in the
agreement.
(c) If the institution specifies in the agreement a separate
charge for equipment that the student has not obtained at the time of
the student's withdrawal, the refund also shall include the amount
paid by the student that is allocable to that equipment.
(d) If an agreement for educational service offered by home study
or correspondence includes a separate charge for resident instruction
that the student has not begun at the time of the student's
withdrawal, the institution shall refund the charge for the resident
instruction paid by the student. If the student withdraws from the
educational service after beginning the resident instruction, the
institution shall pay a refund equal to the amount the student paid
for the resident instruction multiplied by a fraction, the numerator
of which is the number of hours of resident instruction that the
student has not received but for that which
the student has paid, and the denominator of which is the total
number of hours of resident instruction for which the student has
paid.
(e) For the purpose of determining a refund under this section, a
student shall be deemed to have withdrawn from a course of
instruction when any of the following occurs:
(1) The student notifies the institution of the student's
withdrawal or of the date of the student's withdrawal, whichever is
later.
(2) The institution terminates the student's enrollment as
provided in the agreement.
(3) The student has failed to attend classes for a three-week
period. For purposes of subdivision (a) of Section 94895 and for
determining the amount of the refund, the date of the student's
withdrawal shall be deemed the last date of recorded attendance. For
the purpose of determining when the refund must be paid pursuant to
subdivision (b) of Section 94895, the student shall be deemed to have
withdrawn at the end of the three-week period.
(4) The student has failed to submit three consecutive lessons or
has failed to submit a completed lesson within 60 days of its due
date as set by an educational service offered by home study or
correspondence. For purposes of this paragraph, the date of the
student's withdrawal shall be deemed to be the date on which the
student submitted the last completed lesson.
(f) An institution shall have the burden of proof to establish the
validity of the amount of every refund. The institution shall
maintain records for five years of all the evidence upon which the
institution relies.
94897. (a) No institution shall offer any course of instruction
to any person, or receive any consideration from any person for a
course of instruction, except pursuant to a written agreement as
described in this section. Every agreement for a course of
instruction shall provide the following:
(1) A general description of the course of instruction and any
equipment to be provided.
(2) The total number of classes, hours, or lessons required to
complete the course of instruction.
(3) The total amount that the student is obligated to pay,
including all fees, charges, and expenses separately itemized that
must be paid to complete the course of instruction. The total amount
shall be underlined and shall appear immediately above the following
notice, which shall be printed above the space on the agreement that
is reserved for the student's signature:
"YOU ARE RESPONSIBLE FOR THIS AMOUNT. IF YOU GET A STUDENT LOAN,
YOU ARE RESPONSIBLE FOR REPAYING THE LOAN AMOUNT PLUS ANY INTEREST."
(4) The total amount charged for each item of equipment shall be
stated separately. The amount charged for each item of equipment
shall not exceed the equipment's fair market value. The institution
shall have the burden of proof to establish the equipment's fair
market value.
(5) A schedule of payments.
(6) The student's right to withdraw from the course of instruction
and obtain a refund and an explanation of refund rights and of how
the amount of the refund will be determined including a hypothetical
example.
(7) A detailed explanation of the student's right to cancel the
agreement as provided in Section 94893.
(8) The following statement printed in 12-point boldface type on
the first page of the agreement:
"If you have any complaints, questions, or problems which you
cannot work out with the school, write or call the Council for
Private Postsecondary and Vocational Education:
____________________________________________________________________
(insert address and telephone number of the Council for
Private Postsecondary and Vocational Education)"
(b) Unless otherwise provided in subdivision (a), the institution
shall provide the information required under Sections 94884, 94893,
94894 and subdivision (a) of this section in at least 10-point type
in English and, if any solicitation or negotiation leading to the
agreement for a course of instruction was in a language other than
English, in that other language.
94898. (a) An institution shall not enter into an agreement for a
course of instruction with a student unless the institution first
administers to the student and the student passes a test as provided
in subdivision (b).
(b) (1) The test required by subdivision (a) shall be a
standardized test that is designed to measure, and that reliably and
validly measures, the student's ability to be successfully trained to
perform the tasks associated with the occupations or job titles to
which the course of instruction is represented to lead. The student'
s performance on the test must demonstrate that ability.
(2) Nothing in paragraph (1) precludes an institution from using
additional tests to determine a student's ability to be trained to
perform tasks associated with the occupations and job titles for
which training is offered as described in paragraph (1).
(3) (A) If no standardized test is available that satisfies
paragraph (1), the institution shall use other appropriate tests to
determine the student's ability to be trained to perform the tasks
associated with the occupations and job titles for which training is
offered as described in paragraph (1). Within 30 days of determining
that no standardized test satisfies paragraph (1), the institution
shall so inform the council and shall describe and, if possible,
furnish the council with the test to be used in lieu of the test
required by paragraph (1).
(B) Upon reasonable notice to the institution, the council may
order the institution to demonstrate to the reasonable satisfaction
of the council that the test and passing score are an appropriate
measure of the student's ability to be trained to perform the tasks
associated with the occupations or job titles to which the course is
represented to lead. If the test is not an appropriate measure, the
council, after notice, and if requested, a hearing, shall order that
the institution cease administering the test.
(c) The institution shall have the burden of proof that the test
complies with subdivision (b). If no minimum passing score is
established by the test developer or if the minimum passing score
used by the institution is below the minimum passing score
established by the test's developer, the institution shall have the
burden of proof that the student's achievement of the minimum passing
score reasonably measures the student's ability to be successfully
trained to perform the tasks associated with the occupations and job
titles to which the course of instruction is represented to lead.
The test shall be administered in accordance with the test's
instructions, rules, and time limits.
(d) (1) The test shall be completed solely by the student.
(2) No institution or any person in any manner associated with the
institution shall: (A) answer any of the test questions, (B) read
any of the test questions to the student, or (C) provide any
assistance whatsoever to the student in answering test questions.
Nothing in this paragraph prevents an institution from providing
nonsubstantive assistance to accommodate the disability of a
handicapped person otherwise qualified to take the test.
(3) The test shall be given by the institution at its premises or
by an independent testing service. The site requirement does not
apply to an institution offering a home study or correspondence
course.
(4) If a prospective student has failed a test, the institution or
the testing service that administered the test shall not administer
another test to that prospective student for at least the period
specified by the test developer or one week, whichever is longer.
Any subsequent test administered by an institution to the same
prospective student shall be a substantially different form of the
same test or a substantially different test than the preceding test
and shall satisfy the requirements of paragraph (1) or, if
applicable, paragraph (3) of subdivision (b).
(f) An institution's application for approval to operate shall (1)
identify the test used to comply with this section, (2) state the
minimum score, if any, which the test's developer indicates a
prospective student must achieve to demonstrate an ability to be
successfully trained to perform the tasks associated with the
occupations or job titles to which the course is represented to lead,
(3) state the minimum passing score used by the institution, and (4)
if the institution accepts a lower minimum passing score than is
indicated by the test's developer, state an explanation of why the
institution accepts a lower minimum passing score.
(g) The institution, for five years, shall retain an exemplar of
each test administered by the institution pursuant to this section,
an exemplar of the answer sheet for each test, a record of the
passing score for each test, and the answer sheets or other responses
submitted by each person who took each test.
94899. (a) If a course of instruction is based on a sequence of
classes, class sessions, or lessons, and the learning experience to
be derived from any class, class session, or lesson within the
sequence is based in any manner on a student's attendance at or
completion of a prior class, class session, or lesson, an institution
shall not enroll a student in that course of instruction unless the
instruction begins with the first class, class session, or lesson and
proceeds in the appropriate sequence.
(b) (1) If a course of instruction is based on a series of modules
comprised of class sessions or lessons and the learning experience
to be derived from any module is based in a manner on a student's
attendance at or completion of any class sessions or lessons in any
other module, an institution shall not enroll a student in that
course of instruction unless the student begins and proceeds in the
appropriate sequence.
(2) If a course of instruction is based on a series of modules
comprised of class sessions or lessons and the learning experience to
be derived from any module is not based on a student's attendance at
or completion of any classes or lessons in any other module, an
institution shall only enroll a student in the course of instruction
if the student begins with the first class session or lesson in a
module.
(c) Notwithstanding subdivisions (a) and (b), if a class or a
module consists of more than 60 days of instruction, the institution
may enroll a student to begin no later than the fifth class session
of the first class or the fifth class session in the appropriate
module.
(d) The council, at any time, may determine whether the learning
experience to be derived from any class session or lesson in a
sequence of class sessions or lessons or from any module is based in
any manner on a student's attendance at, or completion of, a prior
class session or lesson in the sequence or any class sessions or
lessons in any other module. The council may make the determination
described in this subdivision upon the application of any person or
when the council deems that a determination is appropriate. The
institution shall have the burden of establishing compliance with
this section.
(e) The institution shall not merge classes unless all of the
students have received the same amount of instruction and training.
This subdivision does not prevent the placement of students, who are
enrolled in different courses of instruction, in the same class if
that class is part of each of the courses and the placement in a
merged class will not impair the students' learning of the subject
matter of the class.
(f) After a student has enrolled in a course of instruction, the
institution shall not do any of the following:
(1) Make any unscheduled suspension of any class unless caused by
circumstances completely beyond the institution's control.
(2) Change the day or time in which any class is offered to a day
when the student is not scheduled to attend the institution or to a
time that is outside of the range of time that the student is
scheduled to attend the institution on the day for which the change
is proposed unless at least 90 percent of the students who are
enrolled consent to the change and the institution offers full
refunds to the students who do not consent to the change. For
purposes of this paragraph, "range of time" means the period
beginning with the time at which the student's first scheduled class
session for the day is set to start and ending with the time the
student's last scheduled class session for that day is set to finish.
(g) If an institution enrolls a student in a course of instruction
that is not offered or designed as a home study or correspondence
course at the time of enrollment, the institution shall not convert
the course of instruction from classroom instruction to a home study
or correspondence course.
(h) An institution shall not move the class instruction to a
location more than five miles from the location of instruction at the
time of enrollment unless any of the following occurs:
(1) The institution discloses orally and clearly and conspicuously
in writing to each student before enrollment in the course that the
location of instruction will change after the course begins and the
address of the proposed location.
(2) The institution applies for, and the council grants, approval
to change the location. The council shall grant the application
within 30 days if the council, after notice to affected students and
an opportunity for them to be heard as prescribed by the council,
concludes that the change in location would not be unfair or unduly
burdensome to students. The council may grant permission which shall
be subject to reasonable conditions, such as requiring the
institution to provide transportation, transportation costs, or
refunds to adversely affected students.
(3) The institution offers a full refund to students enrolled in
the course of instruction who do not voluntarily consent to the
change.
94900. (a) Every institution shall maintain, for a period of not
less than five years, at its principal place of business in
California accurate records that show all of the following:
(1) The names, telephone numbers, and home and local addresses of
each student.
(2) The courses of instruction offered by the institution and the
curriculum for each course.
(3) The name, address, and educational qualifications of each
member of its faculty.
(4) The information required by Section 94872 and subdivision (b)
of Section 94884.
(5) All information and records required by this chapter or
required by the council.
(b) All records that an institution is required to maintain by
this chapter or that relate to the institution's compliance with this
chapter shall be made
immediately available by the institution for inspection and copying
during normal business hours by the council, the Attorney General,
any district attorney or city attorney, and the Student Aid
Commission.
(c) An institution shall make available to a student, or to a
person designated by the student, all of the student's records,
except for transcripts of grades where the student is in default on
one or more loans as provided by law.
(d) Each institution shall be deemed to have authorized the
accrediting agency that accredited the institution to provide to the
council, the Attorney General, any district attorney or city
attorney, or the Student Aid Commission, within 30 days of written
notice, copies of all documents and other material concerning the
institution that is maintained by the accrediting agency.
(e) Within 30 days of receiving written notice from the council,
the Attorney General, any district attorney or city attorney, or the
Student Aid Commission, an accrediting agency shall provide the
requesting official with all documents or other material concerning
an institution accredited by that accrediting agency that are
designated specifically or by category in the written notice.
(f) If the council, the Attorney General, any district attorney or
city attorney, or the Student Aid Commission is conducting a
confidential investigation of an institution and so informs the
accrediting agency, the accrediting agency shall not inform that
institution of the investigation.
(g) If an accrediting agency willfully fails to comply with this
section, the accrediting agency shall be liable for a civil penalty
of not less than two thousand five hundred dollars ($2,500) nor more
than twenty-five thousand dollars ($25,000) for each violation.
Penalties awarded pursuant to this section shall be deposited in the
Private Postsecondary Education Administration Fund or any successor
fund.
94901. (a) The institution shall provide sufficient instruction
and materials pursuant to a planned curriculum appropriate to the
student's educational program and shall establish sufficient student
attendance, progress, and performance standards to reasonably assure
that students acquire the necessary level of education, training,
skill, and experience to obtain employment in the occupation or job
title to which the course of instruction is represented to lead.
(b) The institution shall provide each student with sufficient
materials, including current publications and equipment, no later
than the time the materials are appropriate for use in the course of
instruction.
(c) If a student has begun a course of instruction and any portion
of the student's tuition is to be paid from the proceeds of a loan
or grant, the institution shall not withhold any instruction,
equipment, or materials from the student pending approval of the loan
or grant or the disbursement of any portion of the proceeds of the
loan or grant.
94903. No student may waive any provision of this article. Any
waiver or limitation of any substantive or procedural right or remedy
is in violation of this section and is void and unenforceable.
94904. (a) If an institution violates this article in connection
with an agreement for a course of instruction, that agreement shall
be unenforceable, and the institution shall refund all consideration
paid by or on behalf of the student.
(b) Notwithstanding any provision in an agreement, a student may
bring an action for a violation of this article or an institution's
failure to perform its legal obligations and, upon prevailing, shall
be entitled to the recovery of damages, equitable relief, any other
relief authorized by this article, and reasonable attorney's fees and
costs.
(c) If a court finds that a violation was willfully committed or
that the institution failed to refund all consideration as required
by subdivision (a) on the student's written demand, the court, in
addition to the relief awarded under subdivision (b), shall award a
civil penalty of up to two times the amount of the damages sustained
by the student.
(d) The remedies provided in this article supplement, but do not
supplant, the remedies provided under any other provision of law.
(e) An action brought under this section shall be commenced within
three years of the discovery of the facts constituting grounds for
commencing the action.
(f) Any provision in any agreement that purports to require a
student to invoke any grievance dispute procedure established by the
institution or any other procedure before bringing an action to
enforce any right or remedy is void and unenforceable.
(g) A student may assign his or her causes of action for a
violation of this article to the council, or to any state or federal
agency that guaranteed or reinsured a loan for the student or
provided any grant or other financial aid.
(h) The section applies to any action pending on January 1, 1990.
94905. An institution is legally authorized to provide courses of
instruction if the institution complies with both this article and
Sections 94930 and 94931, or former Section 94320 as that section was
in effect on January 1, 1991, has received approval from the
council, and has not been found to be in violation of this article by
the council, the Student Aid Commission, or a court. No institution
shall offer any course of instruction if the institution's approval
to offer that course of instruction has been suspended or revoked.
94906. (a) The council, after notice and, if requested by the
institution, a hearing, may suspend or revoke an institution's
approval to operate, or approval to operate a branch or satellite
campus, or may order that an institution cease offering a class or
course of instruction because of any violation of this article,
Sections 94930 and 94931, or former Section 94320 as that section was
in effect on January 1, 1991, or any regulation or order issued
pursuant to this article.
(b) If the council takes any of the actions described in
subdivision (a), the council may permit the institution to continue
to offer the class or course of instruction to students already
enrolled or may order the institution to cease instruction and
provide a refund of tuition and all other charges to students.
94907. (a) If the council determines, after notice and, if
requested by the institution, a hearing, that an institution has
violated this article or Sections 94930 and 94931, or former Section
94320 as that section was in effect on January 1, 1991, but that the
institution's approval to operate, or approval to operate a branch or
satellite campus, should not be suspended or revoked, or that the
institution should not be ordered to cease offering a class or course
of instruction, the council may do any or all of the following:
(1) Place the institution, or branch or satellite campus, on
probation under reasonable terms and conditions for a specified
period of time not to exceed two years.
(2) Order the institution to post a bond.
(3) Order the institution not to enter into new agreements for
courses of instruction.
(b) During the period of probation, the institution, or the branch
or satellite campus, or both the institution and the branch or
satellite campus, shall be subject to monitoring that may include the
required submission of periodic reports, as prescribed by the
council, and special onsite inspections to determine progress toward
compliance. The onsite inspections may include an inspection of the
institution's facilities and records, interviews of administrators,
faculty, and students, and observation of class instruction. The
council shall order the institution to reimburse all reasonable costs
and expenses incurred by the council in connection with this
subdivision. The council may make the payment of the order for
reimbursement a condition of probation.
(c) If, at the end of the period of probation, the council is not
satisfied with the steps taken by the institution to eliminate the
violations of this article or Sections 94930 and 94931, or former
Section 94320 as that section was in effect on January 1, 1991, upon
which the probation was based, the council may revoke the institution'
s approval to operate or the institution's approval to operate a
branch or satellite campus.
(d) The council may assess a penalty of up to ten thousand dollars
($10,000) as part of a probation order for violations of this
article or Sections 94930 and 94931, or former Section 94320 as that
section was in effect on January 1, 1991. In determining the amount
of that penalty, the council shall consider the number and gravity of
the violations, the degree of the institution's good faith or
culpability, the history of the institution's previous violations,
and the institution's ability to pay. If the institution fails to
pay a penalty within the time prescribed by the council, the
institution's approval to operate the institution, or approval to
operate a branch or satellite campus, shall be automatically
suspended until the penalty is paid in full.
(e) (1) Any bond ordered by the council shall be issued by an
admitted surety insurer in an amount established at the discretion of
the council that is sufficient to protect students from the
potential consequences of the violation.
(2) The bond shall be in favor of the State of California for the
indemnification of any person for any loss, including the loss of
prepaid tuition, suffered as a result of the occurrence of any
violation of this chapter during the period of coverage.
(3) Liability on the bond may be enforced after a hearing before
the council, after 30 days' advance written notice to the principal
and surety. The council shall adopt regulations establishing the
procedure for administrative enforcement of liability. This
paragraph supplements, but does not supplant, any other rights or
remedies to enforce liability on the bond.
(4) The council may order the institution to file reports at any
interval the council deems necessary to enable the council to monitor
the adequacy of the bond coverage and to determine whether further
action is appropriate.
94908. The council shall determine an institution's compliance,
including the compliance of its branch and satellite campuses, with
this article and Sections 94930 and 94931, or former Section 94320 as
that section was in effect on January 1, 1991, and shall not be
bound by the findings or conclusions of any accrediting agency.
94909. The council may revoke the approval to operate of any
institution that fails to pay an order imposing a penalty or an order
for the reimbursement of costs and expenses. The council may
enforce any administrative order requiring the payment of money in
the same manner as if it were a money judgment pursuant to Title 9
(commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure. All penalties and reimbursements paid pursuant to
Sections 94906 to 94911, inclusive, shall be deposited in the
vocational education account in the Private Postsecondary Education
Administration Fund established pursuant to Section 94960.
94910. Proceedings by the council under Sections 94906 to 94911,
inclusive, shall be conducted in accordance with regulations adopted
by the council or, if there are no regulations establishing hearing
procedures, Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and the council shall
have all of the powers granted therein.
94911. The council may bring an action for equitable relief for
any violation of this article in addition to, or instead of, any
other remedy or procedure.
94912. The suspension or revocation of an institution's approval
to operate may also be embraced in any action otherwise proper in any
court involving the institution's compliance with this chapter or
performance of its legal obligations.
94913. (a) If an institution has violated this article and
immediate action is necessary to protect students, prevent
misrepresentations to the public, or prevent the loss of public
funds, tuition, or other money paid by students, the council may
institute an emergency action to suspend the approval of an
institution to operate, or the approval to operate a branch or
satellite campus, for not more than 30 days unless the council
initiates a proceeding to suspend or revoke the approval to operate
within that period.
(b) (1) The council shall provide notice of the emergency action
to the institution by certified mail, if the effective date of the
emergency action is 10 or more days after mailing, or personal
service, if the effective date of the emergency action is five or
more days after service.
(2) The notice shall specify all of the following:
(A) The violations on which the emergency action is based.
(B) The nature and grounds of the emergency action, including
whether the action applies to the continuation of instruction to
enrolled students or to the enrollment of new students.
(C) The effective date of the action, which shall not be less than
five days after the notice is provided.
(D) The institution's right to show cause that the emergency
action is unwarranted by submitting to the council, at least two days
before the effective date of the emergency action, declarations,
documentary evidence, and written arguments demonstrating that the
violations did not occur or that immediate action is not required.
(E) The right of the institution to request, in writing, within 30
days of the service of the notice, a hearing.
(c) The council may (1) continue the effective date of an
emergency action or (2) terminate the emergency action at any time,
if the council concludes that the institution has shown cause that
the emergency action is unwarranted or that the grounds for
instituting the emergency action no longer remain. The council shall
provide written notice of a continuance or termination of an
emergency action to the institution.
(d) (1) If the institution does not take the opportunity to show
cause why the emergency action is unwarranted, the emergency action
shall become effective on the date specified in the notice or notice
of continuance.
(2) If the institution takes the opportunity to show cause and the
council decides, after a consideration of the declarations,
documentary evidence, and written argument submitted by the
institution, that the emergency action should become effective, the
emergency action shall be effective on the date specified in the
notice or notice of continuance. The council shall notify the
institution of the decision at least one day before the effective
date, and the institution may thereafter seek judicial relief upon
notice to the council and the Attorney General.
(e) (1) If a hearing is requested within the 30-day period
specified in subdivision (b), the council shall set a date for the
hearing within 20 days after receipt of the request.
(2) If the institution does not request a hearing within the
30-day period specified in subdivision (b) or if the council
concludes after a hearing requested by the institution that grounds
exist for the suspension or revocation of the institution's approval
to operate or approval to operate a branch or satellite campus, the
council may extend the suspension or revoke the institution's
approval to operate or approval to operate a branch or satellite
campus, order probation and a penalty, order the posting of a bond,
or condition the institution's approval to operate or approval to
operate a branch or satellite campus as the council deems
appropriate.
(f) During the pendency of an emergency action, the council may
investigate the institution's compliance with this article, including
an onsite inspection, and may institute a proceeding pursuant to
Sections 94906 to 94911, inclusive, to suspend or revoke an
institution's approval to operate or approval to operate a branch or
satellite campus, order a bond, or order probation and a penalty,
based on any violation of this article.
(g) This section supplements, but does not supplant, authority of
the council to seek judicial relief, including a temporary
restraining order and injunction, to redress any violation of this
article.
94914. This article, except for Sections 94898 and 94899, applies
to schools that offer instruction in how to prepare for, take, and
pass civil service examinations or other tests qualifying a student
for employment by a governmental entity. For purposes of determining
compliance with this article, schools described in this section
shall be considered "institutions."
94915. (a) For purposes of this section, the following
definitions apply:
(1) "Document or record" means any of the following: any test
score, grade, record of grades, attendance record, record indicating
student course completion or employment, financial information,
including any financial report required to be filed pursuant to
Sections 94886 and 94890, information or records relating to the
student's eligibility for financial assistance or attendance at the
institution, or any other record or document required by this chapter
or by the council.
(2) "Person" means a natural person and any business entity,
regardless of the form of organization.
(b) A person who, in any manner, makes or causes to be made any
untrue or misleading statement in connection with offering or
providing a course of instruction or who makes or causes to be made
any untrue or misleading change in any document or record and who
knows, or by the exercise of reasonable care should know, that the
statement or change is untrue or misleading is guilty of a crime,
punishable as provided in subdivision (e).
(c) A person who willfully falsifies, destroys, fails to maintain,
or conceals any document or record that is required to be maintained
by this chapter or by the council is guilty of a crime punishable as
provided in subdivision (e).
(d) A person who is required to file any report required by
subdivision (e) of Section 94868, or Section 94886 or 94890 and
willfully fails to file that report as required, or willfully
violates or causes the violation of subdivision (b) of Section 94900,
is guilty of a crime and is subject to punishment for each violation
as provided in paragraph (2) of subdivision (e).
(e) Any person who violates subdivision (b) or (c), or who
willfully violates Section 94865, 94930, or 94931, or former Section
94320 as that section was in effect on January 1, 1991, is guilty of
a crime and is subject to separate punishment for each violation
either by:
(1) Imprisonment in the state prison, by a fine not exceeding
fifty thousand dollars ($50,000), or by both that imprisonment and
fine.
(2) Imprisonment in a county jail for a term not exceeding one
year, by a fine not exceeding ten thousand dollars ($10,000), or by
both that imprisonment and fine.
(f) Notwithstanding any other law, any prosecution under this
section shall be commenced within three years of the discovery of the
facts constituting grounds for commencing the prosecution.
(g) The penalties provided by this section supplement, but do not
supplant, the remedies and penalties provided under any other law.
94916. The council may adopt and enforce regulations as may be
necessary, appropriate, or useful to interpret and otherwise
implement this article. Pending the adoption of formal regulations,
the council may adopt temporary regulations, which shall be effective
immediately, notwithstanding any other provision of law, and which
shall be superseded upon the adoption of formal regulations.
94917. Unless otherwise expressly declared, if any provision of
this article or the application thereof to any person or
circumstances is held invalid, that invalidity shall not affect other
provisions or applications of this article that can be given effect
without the invalid provision or application, and to this end the
provisions of this article are severable. Each section of this
article is complete within itself. If any section is held invalid
and the Legislature would have foreseen the holding of invalidity,
the Legislature nevertheless would have enacted each of the other
sections of this article unless the Legislature has expressly
declared its intent to the contrary.
Article 10. Prohibited Activities
94930. No institution, or representative of that institution,
shall do any of the following:
(a) Operate in this state a private postsecondary educational
institution not exempted from this chapter, unless the institution is
currently approved to operate pursuant to this chapter.
(b) Offer, as or through an agent, enrollment or instruction in,
or the granting of educational credentials from, an institution not
exempted from this chapter, whether that institution is within or
outside this state, unless that agent is a natural person and has a
currently valid agent's permit issued pursuant to this chapter, nor
accept contracts or enrollment applications from an agent who does
not have a current permit as required by this chapter. However, the
council may adopt regulations to permit the rendering of legitimate
public information services without a permit.
(c) Instruct or educate, or offer to instruct or educate,
including soliciting for those purposes, enroll or offer to enroll,
contract or offer to contract with any person for that purpose, or
award any educational credential, or contract with any institution or
party to perform any act, in this state, whether that person, agent,
group, or entity is located within or without this state, unless
that person, agent, group, or entity observes and is in compliance
with the minimum standards set forth in Sections 94811 to 94825,
inclusive, or Article 9 (commencing with Section 94840), whichever is
applicable, the criteria established by the council pursuant to
subdivision (b) of Section 94755, and the rules and regulations
adopted by the council pursuant to subdivision (c) of Section 94755.
(d) Use, or allow the use of, any reproduction or facsimile of the
Great Seal of the State of California on any diploma.
(e) Make, or cause to be made, any statement or representation,
oral, written, or visual, in connection with the offering or
publicizing of a course, if that person, firm, association,
partnership, or corporation knows, or reasonably should have known,
the statement or representation to be false, deceptive, inaccurate,
or misleading.
(f) Promise or guarantee employment.
(g) Advertise concerning job availability, degree of skill and
length of time required to learn a trade or skill unless the
information is accurate and in no way misleading.
(h) Advertise, or indicate in any promotional material, that
correspondence instruction, or correspondence courses of study are
offered without including in all advertising or promotional material
the fact that the instruction or courses of study are offered by
correspondence or home study.
(i) Advertise, or indicate in any promotional material, that
resident instruction, or courses of study are offered without
including in all advertising or promotional material the location
where the training is given or the location of the resident
instruction.
(j) Solicit students for enrollment by causing any advertisement
to be published in "help wanted" columns in any magazine, newspaper,
or publication or use "blind" advertising which fails to identify the
school or institution.
(k) Advertise, or indicate in any promotional material, that the
institution is accredited, unless the institution has been recognized
or approved as meeting the standards established by an accrediting
agency recognized by the United States Department of Education or the
Examining Committee of the State Bar.
(l) State or imply that the council's grant to the institution of
approval to operate indicates that the institution exceeds minimum
state standards, or that the council or the state endorses or
recommends the institution.
(m) Fail to comply with federal requirements relating to the
disclosure of information to students regarding vocational and career
training programs, as described in Section 94819.
94931. (a) Any institution willfully violating any provision of
Sections 94811 to 94825, inclusive, or Section 94930 shall be unable
to enforce any contract or agreement arising from the transaction in
which the violation occurred, and any willful violation is a ground
for revoking an approval to operate in this state or for denying a
renewal application.
(b) Notwithstanding any provision of the contract or agreement, a
student may bring an action for a violation of this article or for an
institution's failure to perform its legal obligations and, upon
prevailing thereon, shall be entitled to the recovery of damages,
equitable relief, or any other relief authorized by this article, and
reasonable attorney's fees and costs.
(c) If a court finds that a violation was willfully committed or
that the institution failed to refund all consideration as required
by subdivision (b) on the student's written demand, the court, in
addition to the relief authorized under subdivision (b), shall award
a civil penalty of up to two times the amount of the damages
sustained by the student.
(d) The remedies provided in this article supplement, but do not
supplant, the remedies provided under any other provisions of law.
(e) An action brought under this section shall be commenced within
three years of the discovery of the facts constituting grounds for
commencing the action.
(f) Any provision in any agreement that purports to require a
student to invoke any grievance dispute procedure established by the
institution before enforcing any right or remedy is void and
unenforceable.
(g) A student may assign his or her cause of action for a
violation of this article to the council, or to any state or federal
agency that guaranteed or reinsured a loan for the student or that
provided any grant or other financial aid.
(h) This section applies to any action pending on January 1, 1990.
(i) This section supplements, but does not supplant, the authority
granted the Labor Commissioner under Section 1700.4 of the Labor
Code to the extent that placement activities of trade schools are
subject to regulation by the commissioner under the Labor Code.
94932. (a) If the council has evidence that an institution has
violated this article and determines that immediate action is
necessary to protect students, prevent misrepresentations to the
public, or prevent the loss of public funds or tuition and other
money paid by students,
the council may institute an emergency action to suspend, for not
more than 60 days, the approval of an institution to operate.
(b) The council shall provide notice of the emergency action to
the institution by certified mail or personal service. The notice
shall specify the alleged violations on which the emergency action is
based, the effective date of the order implementing the emergency
action, and the right of the institution to request a hearing within
30 days of the service of the notice. If a hearing is requested, the
council shall set a date within 20 days after receipt of the request.
(c) If the council's proposed action calls for an immediate
suspension of the institution, the institution, notwithstanding
subdivision (b), shall be provided an opportunity for a hearing by
the council within 24 hours of receiving notification and before an
emergency action is initiated. If the council decides after the
hearing to take the emergency action, the institution shall not be
precluded from requesting a second hearing within 30 days of the
emergency action.
(d) The council may terminate the emergency action at any time, if
the council concludes that the grounds for instituting the emergency
action no longer remain.
(e) If the institution does not request a hearing within the time
specified in subdivision (b) or if the council concludes after a
hearing that grounds exist for the suspension or revocation of the
institution's approval to offer courses of instruction, the council
may permanently suspend or revoke the institution's approval to
operate, order probation and a penalty, or condition the institution'
s approval to operate as the council deems appropriate.
(f) During the pendency of an emergency action, the council may
investigate the institution's compliance with this article and may
institute a proceeding under Sections 94906 to 94911, inclusive, to
suspend or revoke an institution's approval to operate, or order
probation and a penalty, based upon any violation of this article.
(g) This section supplements, but does not supplant, the authority
of the council to seek judicial relief, including a temporary
restraining order and injunction, to redress any violation of this
article.
94933. (a) This section establishes the procedure for notice and
hearing required under this chapter and, except as provided in
Sections 94913 and 94932, may be used in lieu of other notice or
hearing requirements provided in this chapter.
(b) If notice of administrative action is required by this
chapter, the council shall serve notice stating the following:
(1) The action, including the penalties and administrative
sanctions sought.
(2) The grounds for the action with sufficient particularity to
give notice of the transactions, occurrences, violations, or other
matters on which the action is based.
(3) The right to a hearing and the time period within which the
party subject to the notice may request a hearing in writing. The
time period shall not be less than 15 days after service of the
notice unless a longer period is provided by statute.
(4) The right to be present at the hearing, to be represented by
counsel, to cross-examine witnesses, and to present evidence.
(5) The administrative action set forth in the notice will be
taken and shall become final if the party subject to the notice does
not request a hearing in writing within the time period expressed in
the notice.
(c) If a party subject to a notice provided pursuant to
subdivision (b) requests a hearing in writing within 10 days of
receiving the notice, the council shall schedule a hearing. The
hearing shall be held in a location determined pursuant to Section
11508 of the Government Code. The council shall serve reasonable
notice of the time and place for the hearing at least 10 days before
the hearing. The council may continue the date of the hearing upon a
showing of good cause.
(d) (1) Any party, including the council, may submit a written
request to any other party before the hearing to obtain the names and
addresses of any person who has personal knowledge, or who the party
receiving the request claims to have personal knowledge, of any of
the transactions, occurrences, violations, or other matters that are
the bases of the administrative action. In addition, the requesting
party shall have the right to inspect and copy any written statement
made by that person and any writing, as defined by Section 250 of the
Evidence Code, or thing that is in the custody, or under the
control, of the party receiving the request and that is relevant and
not privileged. This subdivision shall constitute the exclusive
method for prehearing discovery. However, nothing in this paragraph
shall affect the council's authority, at any time, to investigate,
inspect, monitor, or obtain and copy information under any provision
of this chapter.
(2) The written request described in paragraph (1) shall be made
before the hearing and within 30 days of the service of the notice
described in subdivision (b). Each recipient of a request shall
comply with the request within 15 days of its service by providing
the names and addresses requested and by producing at a reasonable
time at the council's office or another mutually agreed reasonable
place the requested writings and things. The council may extend the
time for response upon a showing of good cause.
(3) Except as provided in this paragraph, no party may introduce
the testimony or statement of any person or any writing or thing into
evidence at the hearing if that party failed to provide the name and
address of the person or to produce the writing or thing for
inspection and copying as provided by this subdivision. A party may
introduce the testimony, statement, writing, or thing that was not
identified or produced as required herein only if there is no
objection or if the party establishes that the person, writing, or
thing was unknown at the time when the response was made to the
written request, the party could not have informed other parties
within a reasonable time after learning of the existence of the
person, writing, or thing, and no party would be prejudiced by the
introduction of the evidence.
(e) Before the hearing has commenced, the council shall issue
subpoenas at the written request of any party for the attendance of
witnesses or the production of documents or other things in the
custody or under the control of the person subject to the subpoena.
Subpoenas issued pursuant to this section shall be subject to Section
11510 of the Government Code.
(f) (1) The council shall designate an impartial hearing officer
to conduct the hearing. The hearing officer may administer oaths and
affirmations, regulate the course of the hearing, question
witnesses, and otherwise investigate the issues, take official notice
according to the procedure provided in Division 4 (commencing with
Section 450) of the Evidence Code of any technical or educational
matter in the council's special field of expertise and of any matter
that may be judicially noticed, set the time and place for continued
hearings, fix the time for the filing of briefs and other documents,
direct any party to appear and confer to consider the simplification
of issues by consent, and prepare a statement of decision.
(2) Neither a hearing officer nor any person who has a direct or
indirect interest in the outcome of the hearing shall communicate
directly or indirectly with each other regarding any issue involved
in the hearing while the proceeding is pending without notice and
opportunity for all parties to participate in the communication. A
hearing officer who receives any ex parte communication shall
immediately disclose the communication to the council and all other
parties. The council may disqualify the hearing officer if necessary
to eliminate the effect of the ex parte communication. If the
council finds that any party willfully violated, or caused the
violation of, this paragraph, the council shall enter that party's
default and impose the administrative sanction set forth in the
notice provided pursuant to subdivision (b).
(g) (1) Each party at the hearing shall be afforded an opportunity
to present evidence, respond to evidence presented by other parties,
cross-examine, and present written argument or, if permitted by the
hearing officer, oral argument on the issues involved in the hearing.
The council may call any party as a witness who may be examined as
if under cross-examination.
(2) Each party may appear through its representative or through
legal counsel.
(3) The technical rules relating to evidence and witnesses shall
not apply. However, only relevant evidence is admissible.
(4) Oral evidence shall be taken only upon oath or affirmation.
The hearing shall be conducted in the English language. The
proponent of any testimony to be offered by a witness who is not
proficient in English shall provide, at the proponent's cost, an
interpreter proficient in English and the language in which the
witness will testify.
(5) The hearing shall be recorded by tape recording or other
phonographic means unless all parties agree to another method of
recording the proceedings.
(6) (A) At any time 10 or more days before the hearing, any party
may serve on the other parties a copy of any declaration which the
party proposes to introduce in evidence.
(B) The declaration shall be accompanied by a notice indicating
the date of service of the notice and stating that the declarations
will be offered into evidence, the declarants will not be called as
witnesses, and there will be no right of cross-examination unless the
party receiving the notice requests the right to cross-examine, in
writing, within seven days of the service of the declarations and
notice.
(C) If no request for cross-examination is served within seven
days of the service of the declarations and notice described in
subparagraph (B), the right to cross-examination is deemed waived and
the declaration shall have the same effect as if the declarant
testified orally. Notwithstanding this paragraph, a declaration may
be admitted as hearsay evidence without cross-examination.
(7) Disposition of any issues involved in the hearing may be made
by stipulation or settlement.
(8) If a party fails to appear at a hearing, that party's default
shall be taken and the party shall be deemed to have waived the
hearing and agreed to the administrative action and the grounds for
that action described in the notice given pursuant to subdivision
(b). The council shall serve the party with an order of default
including the administrative action ordered. The order shall be
effective upon service or at any other time designated by the
council. The council may relieve a party from an order of default if
the party applies for relief within 15 days after the service of an
order of default and establishes good cause for relief. An
application for relief from default shall not stay the effective date
of the order unless expressly provided by the council.
(h) (1) At any time before the matter is submitted for decision,
the council may amend the notice provided pursuant to subdivision (b)
to set forth any further grounds for the originally noticed
administrative action or any additional administrative action and the
grounds therefor. The statement of the further grounds for the
originally noticed administrative action, or of the grounds for any
additional administrative action, shall be made with sufficient
particularity to give notice of the transactions, occurrences,
violations, or other matters on which the action or additional action
is based. The amended notice shall be served on all parties. All
parties affected by the amended notice shall be given reasonable
opportunity to respond to the amended notice as provided in this
section.
(2) The council may amend the notice after the case is submitted
for decision. The council shall serve each party with notice of the
intended amendment and shall provide the party with an opportunity to
show that the party will be prejudiced by the amendment unless the
case is reopened to permit the party to introduce additional
evidence. If prejudice is shown, the council shall reopen the case
to permit the introduction of additional evidence.
(i) (1) Within 30 days after the conclusion of the hearing or at
another time established by the council, the hearing officer shall
submit a written statement of decision setting forth a recommendation
for a final decision and explaining the factual and legal basis for
the decision as to each of the grounds for the administrative action
set forth in the notice or amended notice. The council shall serve
the hearing officer's statement of decision on each party and its
counsel within 10 days of its submission by the hearing officer.
(2) The council shall make the final decision which shall be based
exclusively on evidence introduced at the hearing. The final
decision shall be supported by substantial evidence in the record.
The council also shall issue a statement of decision explaining the
factual and legal basis for the final decision as to each of the
grounds for the administrative action set forth in the notice or
amended notice. The council shall issue an order based on its
decision which shall be effective upon service or at any other time
designated by the council. The council shall serve a copy of the
final decision and order, within 10 days of their issuance, on each
party and its counsel.
(3) The council may hold a closed session to deliberate on a
decision to be reached based upon evidence introduced at the hearing.
(4) The council shall serve a certified copy of the complete
record of the hearing, or any part thereof designated by a party,
within 30 days after receiving the party's written request and
payment of the cost of preparing the requested portions of the
record. The complete record shall include all notices and orders
issued by the council, a transcript of the hearing, the exhibits
admitted or rejected, the written evidence and any other papers in
the case, the hearing officer's statement of decision, and the final
decision and order.
(j) The council shall serve all notices and other documents that
are required to be served by this section on each party by personal
delivery, by certified mail, return receipt requested, or by any
other means designated by the council.
(k) (1) Any party aggrieved by the council's final decision and
order may seek judicial review by filing a petition for a writ of
mandate pursuant to Section 1085 of the Code of Civil Procedure
within 30 days of the issuance of the final decision and order. If
review is not sought within that period, the party's right to review
shall be deemed waived.
(2) The aggrieved party shall present the complete record of the
hearing or all portions of the record necessary for the court's
review of the council's final decision and order. The court shall
deny the petition for a writ of mandate if the record submitted by
the party is incomplete. The court shall not consider any matter not
contained in the record. The factual bases supporting the final
decision set forth in the council's statement of decision shall be
conclusive if supported by substantial evidence on the record
considered as a whole.
(3) The final order shall not be stayed or enjoined during review
except upon the court's grant of an order on a party's application
after due notice to the council and the Attorney General. The order
shall be granted only if the party establishes the substantial
likelihood that it will prevail on the merits and posts a bond
sufficient to protect fully the interests of the students, the
council, and the Student Tuition Recovery Fund, from any loss.
(l) The council may adopt regulations establishing alternative
means of providing notice and an opportunity to be heard in
circumstances in which a full hearing is not required by law.
(m) For purposes of this section, "good cause" shall require
sufficient ground or reason for the determination to be made by the
council.
94934. An institution may not claim an exception pursuant to any
of Sections 94843 to 94850, inclusive, if the council finds, after
notice and hearing as provided in Section 94933, that the institution
adopted a form of organization or method of operation for the
purpose of avoiding any provision of this chapter.
Article 11. Applications and Causes for Denial
94940. Each institution desiring to operate in this state shall
make application to the council, upon forms to be provided by the
council. The application shall include, as a minimum, at least all
of the following:
(a) A catalog published, or proposed to be published, by the
institution containing the information specified in the criteria
adopted by the council. The catalog shall include specific dates as
to when the catalog applies.
(b) A description of the institution's placement assistance, if
any.
(c) Copies of media advertising and promotional literature.
(d) Copies of all student enrollment agreement or contract forms
and instruments evidencing indebtedness.
(e) Copies of participation agreements for state and federal
financial aid programs.
(f) The name and California address of a designated agent upon
whom any process, notice, or demand may be served.
(g) The information specified in Section 94830.
(h) The institution's most current profit and loss statement and
current balance sheet, or an audit prepared by a licensed certified
public accountant in accordance with generally accepted auditing
standards.
94941. Each application shall be signed and certified under oath
by the owners of the school or, if the school is incorporated, by the
principal owners of the school (those who own at least 10 percent of
the stock), or by the governing body of a nonprofit school.
94942. Following review of the application and any other further
information submitted by the applicant, or required in conformity
with Article 4 (commencing with Section 94760), and Article 5
(commencing with Section 94780), and any investigation of the
applicant as the council may deem necessary or appropriate, the
council either shall grant or deny approval to operate to the
applicant.
94943. The council shall review and investigate all institutions
and courses of instruction approved under this chapter.
Consideration in the scheduling of reviews and investigations shall
be afforded to student complaints and information collected by the
Attorney General, the Student Aid Commission, any board within the
Department of Consumer Affairs, or any other federal, state, or local
agency.
94944. The approval to operate shall be issued to the owner or
the governing body of the applicant institution and shall be
nontransferable. Any person that makes a proper application and
complies with this chapter and each standard, rule, and regulation
pertaining to this chapter shall be qualified to receive an approval
to operate or an approval of the transfer of ownership.
94945. If a shift in control or change of ownership of an
institution occurs, an application for a new approval to operate for
the institution under the changed ownership or control shall be filed
with the council at least 20 days prior to the shift in control or
change in ownership. Whenever an institution is operated at
different locations, an application for approval shall be filed for
each location.
94946. No application for ownership or transfer of ownership
shall be approved for any applicant that has been found previously in
any judicial or administrative proceeding to have violated this
chapter, or if there exists any of the grounds for denial set forth
in Section 480 of the Business and Professions Code.
94947. No change in ownership of the institution shall be made
until the application is approved. If an application for a new
approval to operate is not timely filed as required by this article,
the institution's approval to operate shall terminate. Upon approval
of a change in ownership, the council shall give written notice to
the Student Aid Commission.
94948. For purposes of this article, a change in ownership occurs
when there is a change of control of the institution, or where a
person that previously did not own at least 25 percent of the stock
or controlling interest of an institution or its parent corporation,
acquires ownership of at least 25 percent of the stock of the
institution or its parent corporation.
94949. At least 60 days prior to the expiration of an approval to
operate, the institution shall complete and file with the council an
application form for renewal of its approval to operate. The
renewal application shall be reviewed and acted upon as provided in
this article.
94950. The council may refuse to issue or renew any private
postsecondary or vocational educational institution's approval to
operate or may revoke any approval to operate for any one, or any
combination, of the following causes:
(a) A violation of this chapter, or any standard, rule, or
regulation established under this chapter.
(b) Furnishing false, misleading, or incomplete information to the
council, or the failure to furnish information requested by the
council or required by this chapter.
(c) A finding that an owner, a person in control, a director, or
an officer of an institution is not in compliance with Section 94800,
94880, or 94882, whichever is applicable.
(d) A finding that a signatory to an application for an approval
to operate was responsible for the closure of any institution in
which there were unpaid liabilities to the state or federal
government, or uncompensated pecuniary losses suffered by students
without restitution.
(e) The failure of the institution to maintain the minimum
educational standards prescribed by this chapter or to maintain
standards that are the same as, or substantially equivalent to, those
represented in the school's applications and advertising.
(f) Presenting to prospective students information that is false
or misleading relating to the school, to employment opportunities, or
to enrollment opportunities in institutions of higher learning after
entering into or completing courses offered by the school.
(g) The failure to maintain financial resources adequate for the
satisfactory conduct of the courses of instruction offered as
required by statute.
(h) The failure to provide timely and correct refunds to students.
(i) Paying a commission or valuable consideration to any persons
for acts or services in violation of this chapter.
(j) Attempting to confer a degree, diploma, or certificate to any
student in violation of this chapter.
(k) Misrepresenting to any students or prospective students that
they are qualified, upon completion of any course, for admission to
professional examination under any state occupational licensing
provision.
(l) The failure to correct any deficiency or act of noncompliance
under this chapter, or the standards, rules, regulations, and orders
established and adopted under this chapter within reasonable time
limits set by the council.
(m) The conducting of business or instructional services at any
location not approved by the council.
(n) Failure on the part of an institution to comply with
provisions of law or regulations governing sanitary conditions of
that institution specified in Division 2 (commencing with Section
500) and Division 3 (commencing with Section 5000) of the Business
and Professions Code.
If there is reasonable cause to believe that there has been a
violation by a private postsecondary or vocational educational
institution of the standards prescribed by this chapter, the council
shall conduct an investigation of the institution.
(o) The applicant, owner, or persons in control have been found
previously in any judicial or administrative procedure to have
violated this chapter or admitted to having violated this chapter.
94951. Proceedings in connection with the denial of an
application to operate or the revocation of an approval to operate
shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, and the council shall have all of the powers granted in that
chapter. Any action by the council to place an institution on
probation shall be subject to appeal to the full council, and the
council shall establish procedures that provide the institution with
adequate notice and an opportunity to be heard and to present
evidence as to why the action recommended by staff or by a visiting
committee shall not be taken.
94952. Upon taking any action to suspend or revoke an institution'
s approval to operate, the council shall provide written notice to
the Student Aid Commission and to any appropriate accrediting
association.
94953. A college or university operating under subdivision (e) of
Section 94733 shall file annually with the council evidence to
demonstrate its status as a nonprofit religious corporation under the
Corporations Code.
Article 12. Fees
94960. The council shall establish and maintain a Private
Postsecondary and Vocational Education Administration Fund. The fund
shall be divided into two special accounts, pursuant to the
requirements of Section 94751. All fees collected pursuant to this
section shall be credited to this fund, along with any interest on
the money, for the administration of this chapter. Notwithstanding
Section 13340 of the Government Code, the money in the fund is
continuously appropriated to the council without regard to fiscal
years. However, if the Legislature makes an appropriation for the
support of the council in the Budget Act of any fiscal year, the
amount for the support of the council expended from the respective
accounts of the Private Postsecondary and Vocational Education
Administration Fund during that fiscal year shall not exceed the
amount appropriated by the Budget Act.
For the approval of private institutions operating under this
chapter, the council shall charge an amount not exceeding the actual
costs of approving the private institutions. On or before January 1,
1993, the council shall adopt a fee schedule for all institutions
approved under this chapter, including the maximum amounts to be
charged for an institution's initial application and annual renewal.
The council, subject to approval during the annual budget process as
specified in this section, may modify the fee schedule to add or
delete categories of fees related to work
performed by the council and set the maximum
amount to be charged for each fee category added to the fee schedule.
The fee schedule shall provide adequate resources for the council to
implement this chapter effectively. It is the intent of the
Legislature that the council shall adopt a fee schedule that reflects
the size of the institution, with institutions enrolling a larger
number of students being required to pay a larger annual fee than
those with smaller student enrollments. The council shall annually
present its proposed budget, fee schedule, penalty fees assessed for
delinquent payments pursuant to subdivision (i) of Section 94961, and
additions and deletions of fee categories to the Department of
Finance and the Joint Legislative Budget Committee for their review
and approval as part of the annual budget process. The council shall
annually publish a schedule of the current fees to be charged
pursuant to this section and shall make this schedule generally
available to the public. The fees may be increased annually up to
the maximum allowable level by a majority vote of the council,
without any additional review and approval by the Office of
Administrative Law. The adoption of the annual fee schedule, any
modification of the fee schedule, and any increase in fees up to the
maximum allowable level shall not be subject to Article 5 (commencing
with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title
2 of the Government Code. Increases above the maximum level shall be
changed through legislation enacted by the Legislature and signed by
the Governor.
94961. (a) For private institutions operating under this chapter,
for evaluation of an applicant for a certificate of authorization
for service, issued pursuant to paragraph (3) of subdivision (a) of
Section 94781, the original and renewal applications for a three-year
authorization shall be accompanied by a fifty-five dollar ($55) fee.
(b) Any institution more than 30 days delinquent in the payment of
any fee may be assessed a penalty fee by the council. The council
shall determine the penalty fees through regulations.
94962. (a) Any person claiming damage or loss as a result of any
act or practice by a private postsecondary educational institution or
its agent, or both, that is a violation of this chapter or of the
regulations adopted under this chapter, may file with the council a
verified complaint against that institution or against its agent, or
both.
The complaint shall set forth the alleged violation and shall
contain any other information that may be required by the council.
(b) The council shall investigate any complaint and may attempt to
effectuate settlement by persuasion and conciliation.
(c) If, upon all the evidence at a hearing, the council finds that
an institution or its agent, or both, has engaged in, or is engaging
in, any act or practice that violates this chapter or the
regulations adopted under this chapter, the council shall report that
evidence to the Attorney General. The council, based on its own
investigation or the evidence adduced at a hearing, or both, also may
commence an action to revoke an institution's approval to operate or
an agent's permit.
(d) Complaints received by the council pertaining to institutions
accredited by the Western Association of Schools and Colleges shall
be forwarded to the association. Actions by the council relating to
complaints against these institutions shall be limited to the
transmittal of this information.
(e) A person entitled to bring an action for the recovery of
damages or other relief shall not be required to file a complaint
pursuant to this section, or to pursue or exhaust any administrative
process or remedy before bringing the action.
94963. Notwithstanding any other provision of this chapter
concerning agents, the owner of at least 51 percent of the equitable
interest in an institution shall be exempt from this section and
Sections 94964 to 94974, inclusive, if the institution is approved to
operate pursuant to Article 4 (commencing with Section 94760) or
Article 5 (commencing with Section 94780).
No person may act as an agent, as defined by Section 94714, unless
that person holds a valid permit issued by the council and maintains
at all times a surety bond as described in subdivision (b).
Administrators or faculty, or both, who make informational public
appearances, but whose primary task is not to serve as a paid
recruiter, are exempt from this section.
The application for a permit shall be furnished by the council and
shall include all of the following:
(a) A statement signed by the applicant that he or she has read
this chapter and the regulations adopted pursuant thereto.
(b) A surety bond issued by an admitted surety insurer in favor of
the State of California for the indemnification of any person for
any loss suffered as a result of the occurrence, during the period of
coverage, of any fraud or misrepresentation used in connection with
the solicitation for the sale or the sale of any course of study, or
as a result of any violation of this chapter. The term of the bond
shall extend over the period of the permit. The bond may be supplied
by the institution or by the person for whom the issuance of the
permit is sought and may extend to cover individuals separately or to
provide blanket coverage for all persons to be engaged as
representatives of the institution. The bond shall provide for
liability in the penal sum of twenty-five thousand dollars ($25,000)
for each agent to whom coverage is extended by its terms. Neither
the principal nor surety on a bond may terminate the coverage of the
bond, except upon giving 30 days' prior written notice to the
council, and contemporaneously surrendering the agent's permit.
Liability on the bond may be enforced after a hearing before the
council, after 30 days advance written notice to the principal and
surety. The council shall adopt regulations establishing the
procedure for administrative enforcement of liability. This
subdivision supplements, but does not supplant, any other rights or
remedies to enforce liability on the bond.
(c) A fee as required by Section 94960.
94964. An agent representing more than one institution shall
obtain a separate agent's permit and bond for each institution
represented.
94965. No person shall be issued a permit if he or she previously
has been found in any judicial or administrative proceeding to have
violated this chapter, or if there exists any of the grounds for
denial set forth in Section 480 of the Business and Professions Code.
94966. A permit shall be valid for the calendar year in which it
is issued, unless sooner revoked or suspended by the council for
fraud or misrepresentation in connection with the solicitation for
the sale of any course of study, for any violation of this chapter,
or for the existence of any condition with respect to the permittee
or the school he or she represents which, if in existence at the time
the permit was issued, would have been grounds for denial of the
permit.
94967. The permittee shall carry the permit with him or her for
identification purposes when engaged in the solicitation of sales and
the selling of courses of study away from the premises of the
school, and shall produce the permit for inspection upon the request
of any person.
94968. Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code shall apply to any
determination of the council made pursuant to Sections 94963 to
94972, inclusive.
94969. The issuance of a permit pursuant to Section 94963 shall
not be interpreted to mean, and it shall be unlawful for any
individual holding any permit to expressly or impliedly represent by
any means whatever, that the council has made any evaluation,
recognition, accreditation, or endorsement of any course of study
being offered for sale by the individual.
94970. It is unlawful for any individual holding a permit under
Section 94963 to expressly or impliedly represent, by any means
whatsoever, that the issuance of the permit constitutes an assurance
by the council that any course of study being offered for sale by the
individual will provide and require of the student a course of
education or training necessary to reach a professional, educational,
or vocational objective, or will result in employment or personal
earnings for the student.
94971. No agent shall make any untrue or misleading statement or
engage in sales, collection, credit, or other practices of any type
that are false, deceptive, misleading, or unfair.
94972. The council shall maintain records for five years of each
application for a permit, each bond, and each issuance, denial,
termination, suspension, and revocation of a temporary permit or
permit.
94973. A student may bring an action for an agent's violation of
this chapter or any fraud or misrepresentation and, upon prevailing,
shall be entitled to the recovery of damages, reasonable attorney's
fees, and costs. If a court finds that the violation was willfully
committed, the court, in addition to the award of damages, shall
award a civil penalty of up to two times the amount of damages
sustained by the student.
94974. Any person who violates Sections 94963 to 94972,
inclusive, is guilty of a misdemeanor punishable by imprisonment in a
county jail not exceeding six months, by a fine not exceeding five
thousand dollars ($5,000), or by both that imprisonment and fine.
94975. (a) Except as provided in subdivision (g), any agency, as
defined by Section 94712, shall be required to hold a valid
authorization issued by the council. The application for an
authorization shall include all of the following:
(1) A current financial statement prepared by a California
licensed certified public accountant who is not an employee, officer,
or director of the institution.
(2) Evidence of a surety bond issued in favor of the State of
California by an admitted surety insurer making provision for
indemnification of any person for any loss suffered as a result of
the occurrence, during the period of coverage, of any fraud or
misrepresentation used in connection with the solicitation for the
sale, or the sale, of any course of study, or as a result of any
violation of this chapter. The term of the bond shall extend over
the period of the authorization. The bond shall provide for
liability in the penal sum of two hundred fifty thousand dollars
($250,000) for each agency to which coverage is extended by its
terms. Neither the principal nor surety on a bond may terminate the
coverage of the bond except upon giving 30 days' prior written notice
to the council, and upon contemporaneously surrendering the agency's
authorization to operate. Liability on the bond may be enforced
after a hearing before the council, after 30 days advance written
notice to the principal and surety. The council shall adopt
regulations establishing the procedure for administrative enforcement
of liability. This paragraph supplements, but does not supplant,
any other rights or remedies to enforce liability on the bond.
(3) A copy of the student disclosure statement to be read and
signed by all prospective students referred to institutions by an
agency. The student disclosure statement shall include, but shall
not be limited to, all of the following:
(A) A statement to the effect that no promise of employment has
been made by the agency.
(B) A statement to the effect that repayment of any debt incurred
by a student in connection with his or her education will be the sole
responsibility of the student.
(C) The amount and terms of any fee to be paid by the student to
the agency.
(D) A verbatim statement, as follows:
"Any questions or problems concerning this agency should be
directed to the Council for Private Postsecondary and Vocational
Education, Sacramento, California 95814."
(E) A statement to the effect that the institution or institutions
to which the prospective student is referred by the agency have the
obligation to make available to the student a catalog or brochure
containing information describing all of the following:
(i) The courses offered.
(ii) Program objectives.
(iii) Length of program.
(iv) The faculty and their qualifications.
(v) Schedule of tuition, fees, and all other charges and expenses
necessary for the completion of the course of study.
(vi) Cancellation and refund policies.
(vii) Total cost of tuition over the period needed to complete the
student's education.
(viii) For vocational training programs, placement data, including
program completion rates, placement rates, and starting salaries.
(ix) Other material facts concerning the institution and the
program or course of instruction that are reasonably likely to affect
the decision of the student to enroll in the institution.
(4) Identification of all employees of the agency and their
titles, and of all agents with whom the agency contracts.
(5) Identification of all owners and, if the entity is a
corporation, the identification of all persons possessing an interest
equal to, or in excess of, 10 percent.
(6) Identification of all vendors of educational services for
which the agency provides recruitment services.
(7) A signed statement by the applicant that all employees engaged
in recruitment activities will be required to read Sections 94930
and 94931 and, if the institution for which the agency recruits is
subject to Article 9 (commencing with Section 94840), Sections 94851
to 94865, inclusive.
(b) Within 30 days of receipt of a completed application and prior
to issuance of an authorization, a representative of the council
shall inspect the applicant agency and verify the application.
Within 30 days of the inspection, the council shall issue the
authorization for a one-year period, subject to annual renewal at the
end of that period or deny the application. The council shall deny
the authorization if the agency or any owner, officer, or director of
the agency previously has been found in any judicial or
administrative proceeding to have violated this chapter, or if there
exists any of the grounds for denial set forth in Section 480 of the
Business and Professions Code.
(c) Any employee of an authorized agency engaged in student
recruitment activities of an authorized agency is exempt from the
bond requirements of Sections 94963 and 94964.
(d) Neither the agency nor any of its employees shall make any
untrue or misleading statement in the course of any solicitation or
recruitment activity or engage in the sales, collection, credit, or
other practices of any type that are false, deceptive, misleading, or
unfair.
(e) An agency or an employee of an agency shall provide a
prospective student with the disclosure statement described in
paragraph (3) of subdivision (a) and shall allow the prospective
student a sufficient opportunity to read it before soliciting or
recruiting him or her for enrollment or referring him or her to an
institution. That disclosure statement shall be printed in 10-point
type in English and, if the solicitation, recruitment, or referral is
to be conducted in language other than English, in that other
language.
(f) Any institution approved under this chapter shall cease any
and all recruitment activities involving the agency upon action by
the council to revoke or deny an agency authorization. Failure of
the institution to do so upon presentation of notice of the council's
action shall be cause to deny or revoke any approval held by that
institution.
(g) This section shall not apply to any agency recruiting solely
for institutions described in Article 4 (commencing with Section
94760).
(h) The council shall maintain records for five years of each
application for an authorization, each verification by the council of
an application, each bond, and each denial, issuance, and revocation
of an authorization.
(i) A student may bring any action against any agency if the
agency or an employee of the agency violates this chapter or commits
any fraud or misrepresentation and, upon prevailing, shall be
entitled to the recovery of damages, reasonable attorney's fees, and
costs. If a court finds that the violation was willfully committed,
the court, in addition to the award of damages, shall award a civil
penalty of up to two times the amount of damages sustained by the
student.
(j) Any person who violates this section is guilty of a
misdemeanor, punishable by imprisonment in a county jail not
exceeding six months, by a fine not exceeding five thousand dollars
($5,000), or by both that imprisonment and fine.
94976. (a) No note, other instrument of indebtedness, or contract
relating to payment for educational services shall be enforceable by
any institution within or outside this state governed by this
chapter unless at the time of execution of that note, other
instrument of indebtedness, or contract, the institution has a valid
approval to operate pursuant to this chapter.
(b) No note, other instrument of indebtedness, or contract
relating to payment for educational services shall be enforceable by
any institution within or outside this state governed by this chapter
unless the agent, who enrolled persons to whom educational services
were to be rendered or to whom degrees or diplomas were to be granted
pursuant to this chapter, held a valid agent's permit at the time of
execution of the note, other instrument of indebtedness, or
contract.
(c) Any school or institution governed by this chapter extending
credit or lending money to any person for tuition, fees, or any
charges whatever for educational services to be rendered or furnished
shall cause any note, instrument, or other evidence of indebtedness
taken in connection with that loan or extension of that credit to be
conspicuously marked on the face thereof with the following notice:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL
CLAIMS AND DEFENSES THAT THE DEBTOR COULD ASSERT AGAINST THE SELLER
OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS
HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS
PAID BY THE DEBTOR HEREUNDER.
If the school or institution fails to do so, it shall be liable
for any damage or loss suffered or incurred by any subsequent
assignee, transferee, or holder of that evidence of indebtedness on
account of the absence of that notification.
(d) Notwithstanding the presence or absence of the notification
specified in subdivision (c) and notwithstanding any agreement in
which the student waives the right to assert any claim or defense,
the school or institution making that loan or extending that credit
and the transferee, assignee, or holder of that evidence of
indebtedness shall be subject to all defenses and claims that could
be asserted against the school or institution that was to render or
furnish those educational services by any party to that evidence of
indebtedness or by the person to whom those educational services were
to be rendered or furnished up to the amount remaining to be paid
thereon.
(e) Institutions that participate in federal student assistance
programs and that comply with the financial disclosure and
notification requirements for those programs shall be deemed to be in
compliance with the standards prescribed by this section.
94977. (a) Any person or business entity, regardless of the form
of organization, that willfully violates any of Sections 94811 to
94825, inclusive, or Section 94930 is guilty of a crime and shall be
subject to separate punishment for each violation either by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine, or by imprisonment in the state prison, by a
fine not exceeding fifty thousand dollars ($50,000), or by both that
imprisonment and fine.
(b) Notwithstanding any other law, any prosecution under this
section shall be commenced within three years of the discovery of the
facts constituting grounds for commencing the prosecution.
(c) The penalties provided by this section supplement, but do not
supplant, the remedies and penalties provided under any other law.
94978. The council may adopt and enforce regulations that may be
necessary, appropriate, or useful to interpret and implement this
chapter. Pending the adoption of formal regulations, the council may
adopt emergency regulations which shall become effective
immediately, and which shall be superseded upon the adoption of
formal regulations. The adoption of the emergency regulations shall
be subject to Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and the emergency
regulations shall only be effective for 180 days.
94979. Any institution approved by the council pursuant to this
chapter may contract with any school district, county superintendent,
community college district, or the governing body of an agency
maintaining a regional occupational center or program, subject to
Section 8092.
94980. (a) The Attorney General, or any district attorney or city
attorney, may make investigations necessary to carry out this
chapter, including, but not limited to, investigations of complaints.
The council may jointly bring actions necessary to enforce this
chapter, including, but not limited to, civil actions for injunctive
relief. In actions brought pursuant to this subdivision, the council
shall be represented by the Attorney General.
(b) The Attorney General shall represent the council in any
administrative proceedings arising under this chapter.
(c) Nothing in this section or this chapter shall preclude the
Attorney General, or any district attorney or city attorney, from
doing any of the following:
(1) Bringing any actions on behalf of the people as he or she is
empowered by law to bring, including, but not limited to, actions
based upon alleged violations of Chapter 5 (commencing with Section
17200) of Part 2, and Chapter 1 (commencing with Section 17500) of
Part 3, of Division 7 of the Business and Professions Code.
(2) Conducting investigations as may be necessary to determine
whether there have been violations of the provisions of law as
specified in paragraph (1) of this subdivision.
(3) Conducting any investigations that he or she is authorized to
conduct, including, but not limited to, investigations authorized
under Section 11180 of the Government Code.
94981. (a) The council shall establish and maintain a Student
Tuition Recovery Fund, with a degree-granting postsecondary
educational institution account and a vocational educational
institution account, for the purpose of relieving or mitigating
pecuniary losses suffered by any California resident who is a student
of an approved institution and who meets either of the following
conditions:
(1) The student was enrolled in an institution, prepaid tuition,
and suffered loss as a result of (A) the closure of the institution,
(B) the institution's failure to pay refunds or charges on behalf of
a student to a third party for license fees or any other purposes, or
to provide equipment or materials for which a charge was collected
within 180 days before the institution's closure, (C) the institution'
s failure to pay or reimburse loan proceeds under a federally
guaranteed student loan program as required by law or to pay or
reimburse proceeds received by the institution prior to closure in
excess of tuition and other costs, (D) the institution's breach or
anticipatory breach of the agreement for the course of instruction,
or (E) a decline in the quality or value of the course of instruction
within the 30-day period before the institution's closure or, if the
decline began before that period, the period of decline determined
by the council. For the purpose of this section, "closure" includes
closure of a branch or satellite campus, the termination of either
the correspondence or residence portion of a home study or
correspondence course, and the termination of a course of instruction
for some or all of the students enrolled in the course before the
time these students were originally scheduled to complete it, or
before a student who has been continuously enrolled in a course of
instruction has been permitted to complete all the educational
services and classes that comprise the course.
(2) The student obtained a judgment against the institution for
any violation of this chapter and the student certifies that the
judgment cannot be collected after diligent collection efforts.
(b) Payments from the fund to any student shall be made from the
appropriate account within the fund, as determined by the type of
institution into which the student has paid his or her fees, and
shall be subject to any regulations and conditions as the council
shall prescribe.
(c) (1) The institution shall provide to the council, at the time
of the institution's closure, the names and addresses of persons who
were students of an institution within 60 days prior to its closure,
and shall notify these students, within 30 days of the institution's
closure, of their rights under the Student Tuition Recovery Fund and
the manner in which to apply for payment. If the institution fails
to comply with this paragraph, the council shall attempt to obtain
the names and addresses of these students and shall notify them,
within 90 days of the institution's closure, of their rights under
the Student Tuition Recovery Fund and the manner in which to apply
for payment.
The council shall develop a form in English and Spanish fully
explaining a student's rights, which shall be used by the institution
or the council to comply with this paragraph. The form shall
include, or be accompanied by, a claim application and an explanation
of the manner in which to complete the application.
(2) If an institution fails to comply with paragraph (1), the
council shall order the institution, or any person responsible for
the failure to provide notice as required by paragraph (1), to
reimburse the council for all reasonable costs and expenses incurred
in notifying students as required in paragraph (1). In addition, the
council may impose a penalty of up to five thousand dollars ($5,000)
against the institution and any person found responsible for the
failure to provide notice. The amount of the penalty shall be based
on the degree of culpability and the ability to pay. Any order may
impose joint and several liability. Before any order is made
pursuant to this paragraph, the council shall provide written
notice to the institution and
any person from whom the council seeks recovery of the council's
claim and of the right to request a hearing within 30 days of the
service of the notice.
If a hearing is not requested within 30 days of service of the
notice, the council may order payment in the amount of the claim. If
a hearing is requested, Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code shall apply,
and the council shall have all of the powers prescribed in that
chapter. Within 30 days after the effective date of the issuance of
an order, the council may enforce the order in the same manner as if
it were a money judgment pursuant to Title 9 (commencing with Section
680.010) of Part 2 of the Code of Civil Procedure. All penalties
and reimbursements paid pursuant to this section shall be deposited
in the Private Postsecondary and Vocational Education Administration
Fund established pursuant to Section 94960 or any successor fund.
(d) (1) Students entitled to payment as provided in paragraph (1)
of subdivision (a) shall file with the council a verified application
indicating each of the following:
(A) The student's name, address, telephone number, and social
security number.
(B) If any portion of the tuition was paid from the proceeds of a
loan, the name of the lender, and any state or federal agency that
guaranteed or reinsured the loan.
(C) The amount of the prepaid tuition, the amount and description
of the student's loss, and the amount of the student's claim.
(D) The date the student started and ceased attending the
institution.
(E) A description of the reasons the student ceased attending the
institution.
(F) If the student ceased attending because of a breach or
anticipatory breach or because of the decline in the quality or value
of the course of instruction as described in subparagraph (E) of
paragraph (1) of subdivision (a), a statement describing in detail
the nature of the loss incurred. The application shall be filed
within one year of the council's service on the student of the notice
described in paragraph (1) of subdivision (c) or, if no notice is
served, within four years of the institution's closure.
(2) Students entitled to payment as provided in paragraph (2) of
subdivision (a) shall file with the council a verified application
indicating the student's name, address, telephone number, and social
security number, the amount of the judgment obtained against the
institution, a statement that the judgment cannot be collected, and a
description of the efforts attempted to enforce the judgment. The
application shall be accompanied by a copy of the judgment and any
other documents indicating the student's efforts made to enforce the
judgment.
The application shall be filed within two years after the date
upon which the judgment became final.
(3) The council may require additional information designed to
facilitate payment to entitled students. The council shall relieve a
student from the requirement to provide all of the information
required by this subdivision if the council has the information or
the information is not reasonably necessary for the resolution of a
student's claim.
(e) Within 60 days of the council's receipt of a completed
application for payment, the council shall pay the claim from the
Student Tuition Recovery Fund or deny the claim. The council, for
good cause, may extend the time period for up to an additional 90
days to investigate the accuracy of the claim.
(f) (1) If the council pays the claim, the amount of the payment
shall be (A) the greater of either (i) the total guaranteed student
loan debt incurred by the student in connection with attending the
institution, or (ii) the total of the student's tuition and the cost
of equipment and materials related to the course of instruction, less
(B) the amount of any refund, reimbursement, indemnification,
restitution, compensatory damages, settlement, debt forgiveness,
discharge, cancellation, or compromise, or any other benefit received
by, or on behalf of, the student before the council's payment of the
claim in connection with the student loan debt or cost of tuition,
equipment, and materials. The payment also shall include the amount
the institution collected and failed to pay to third parties on
behalf of the student for license fees or any other purpose.
However, if the claim is based solely on the circumstances
described in subparagraph (B) or (C) of paragraph (1) of subdivision
(a), the amount of the payment shall be the amount of the loss
suffered by the student.
In addition to the amount determined under this paragraph, the
amount of the payment shall include all interest and collection costs
on all student loan debt incurred by the student in connection with
attending the institution.
(2) The council may reduce the total amount specified in paragraph
(1) by the value of the benefit, if any, of the education obtained
by the student before the closure of the institution. If the council
makes any reduction pursuant to this paragraph, the council shall
notify the claimant in writing at the time the claim is paid of the
basis of its decision and provide a brief explanation of the reasons
upon which the council relied in computing the amount of the
reduction.
(3) No reduction shall be made to the amount specified in
paragraph (1) if (A) the student did not receive adequate instruction
to obtain the training, skills, or experience, or employment to
which the instruction was represented to lead, or (B) credit for the
instruction obtained by the student is not generally transferable to
other institutions approved by the council.
(4) The amount of the payment determined under this subdivision is
not dependent on the amount of the refund to which the student would
have been entitled after a voluntary withdrawal.
(5) Upon payment of the claim, all of the student's rights against
the institution shall be deemed assigned to the council to the
extent of the amount of the payment.
(g) (1) The director of the council may negotiate with a lender,
holder, guarantee agency, or the United States Department of
Education for the full compromise or write-off of student loan
obligations to relieve students of loss and thereby reduce the amount
of student claims.
(2) The director of the council, with the student's permission,
may pay a student's claim directly to the lender, holder, guarantee
agency, or United States Department of Education under a federally
guaranteed student loan program only if the payment of the claim
fully satisfies all of the student's loan obligations related to
attendance at the institution for which the claim was filed.
(3) Notwithstanding subdivision (e), the council may delay the
payment of a claim pending the resolution of the council's attempt to
obtain a compromise or write-off of the claimant's student loan
obligation. However, the council shall immediately pay the claim in
the event any adverse action that is not stayed is taken against the
claimant, including the commencement of a civil or administrative
action, tax offset, the enforcement of a judgment, or the denial of
any government benefit.
(h) If the council denies the claim, or reduces the amount of the
claim pursuant to paragraph (2) of subdivision (f), the council shall
notify the student of the denial or reduction and of the student's
right to request a hearing within 60 days or any longer period
permitted by the council. If a hearing is not requested within 60
days or any additional period reasonably requested by the student,
the council's decision shall be final. If a hearing is requested,
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code shall apply.
It is the intent of the Legislature that when a student is
enrolled in an institution that closes prior to the completion of the
student's program, the student shall have the option for a teach-out
at another institution approved by the council. The council shall
seek to promote teach-out opportunities wherever possible and shall
inform the student of his or her rights, including payment from the
fund, transfer opportunities, and available teach-out opportunities,
if any.
(i) This section applies to all claims filed or pending after
January 1, 1990.
94982. (a) The council shall assess each institution that
collects any moneys in advance of rendering services an amount equal
to one-tenth of 1 percent of the total course cost for each student
newly enrolled. The assessment per student shall not be less than
one dollar ($1) and not more than four dollars ($4). In addition,
for each student who prepays an institution an amount in excess of
four thousand dollars ($4,000), the council shall assess the
institution one-half of 1 percent of the prepaid amount which exceeds
four thousand dollars ($4,000). The council shall levy additional
reasonable assessments only if they are required to ensure that
sufficient funds are available to satisfy the anticipated costs of
paying student claims pursuant to Section 94981. The assessments
shall be paid into the State Treasury and credited to the appropriate
account in the Student Tuition Recovery Fund, and the deposits shall
be allocated, except as otherwise provided for in this chapter,
solely for the payment of valid claims to students. Unless
additional reasonable assessments are required, no assessments for
the degree-granting postsecondary educational institution account
shall be levied during any fiscal year if, as of June 30 of the prior
fiscal year, the balance in that account of the fund exceeds one
million dollars ($1,000,000). Unless additional reasonable
assessments are required, no assessments for the vocational
educational institution account shall be levied during any fiscal
year if, as of June 30 of the prior fiscal year, the balance in that
account exceeds three million dollars ($3,000,000). However,
regardless of the balance in the fund, assessments shall be made on
any newly approved institution. Notwithstanding Section 13340 of the
Government Code, moneys deposited in the Student Tuition Recovery
Fund are continuously appropriated to the council for the purpose of
paying claims to students pursuant to Section 94981.
(b) The council may deduct from the Student Tuition Recovery Fund
the reasonable costs of administration of the tuition recovery
program authorized by Section 94981 and this section. The maximum
amount of administrative costs that may be deducted from the fund, in
a fiscal year, shall not exceed one hundred thousand dollars
($100,000) from the degree-granting postsecondary educational
institution account and three hundred thousand dollars ($300,000)
from the vocational educational institution account, plus the
interest earned on money in the fund that is credited to the fund.
Prior to the council's expenditure of any amount in excess of one
hundred thousand dollars ($100,000) from the Student Tuition Recovery
Fund for administration of the tuition recovery program, the council
shall develop a plan itemizing that expenditure. The plan shall be
subject to the approval of the Department of Finance. Institutions,
except for schools of cosmetology licensed pursuant to Article 8
(commencing with Section 7390) of Chapter 10 of Division 3 of the
Business and Professions Code and institutions that offer vocational
or job training programs, that meet the student tuition
indemnification requirements of a California state agency, or that
demonstrate to the council that an acceptable alternative method of
protecting their students against loss of prepaid tuition has been
established, shall be exempted from this section.
(c) In the event of a closure by any approved institution under
this chapter, any assessments that have been made against those
institutions, but have not been paid into the State Treasury, shall
be recovered. Any payments from the Student Tuition Recovery Fund
made to students on behalf of any institution shall be recovered from
that institution.
(d) In addition to civil remedies, the council may order that an
institution pay previously unpaid assessments or reimburse the
council for any payments made from the Student Tuition Recovery Fund
in connection with the institution. Before any order is made
pursuant to this section, the council shall provide written notice to
the institution and notice of the institution's right to request a
hearing within 30 days of the service of the notice. If a hearing is
not requested within 30 days of the service of the notice, the
council may order payment. If a hearing is requested, Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code shall apply, and the council shall have all
powers prescribed in that chapter. Within 30 days after the
effective date of the issuance of the order, the council may enforce
the order in the same manner as if it were a money judgment pursuant
to Title 9 (commencing with Section 680.010) of Part 1 of the Code of
Civil Procedure.
(e) In addition to any other action that the council may take
under this chapter, the council may suspend or revoke an institution'
s approval to operate because of the institution's failure to pay
assessments when due or failure to pay reimbursement for any payments
made from the fund within 30 days of the council's demand for
payment.
(f) The moneys deposited in the Student Tuition Recovery Fund
shall be exempt from execution and shall not be the subject of
litigation or liability on the part of creditors of those
institutions or students.
94983. (a) Any institution that willfully violates Section 94982
shall be subject to all of the following:
(1) The institution shall lose all rights to enforce the terms of
any contract or agreement arising from the transaction in which the
violation occurred.
(2) The institution shall refund to the student any fees which it
has collected from that student.
(b) An institution's willful violation of Section 94982 may be
grounds for the revocation of that institution's approval to operate
in this state.
94984. Students enrolling in institutions that come under
Sections 94981 and 94982 shall disclose in writing, if applicable,
the source of any and all guaranteed or insured loans granted for the
purposes of paying tuition to that institution. In the event of a
closure of any institution, the council shall provide any lending
institution which is the source of any guaranteed or insured student
loan with the names of students maintaining loans with that lending
institution.
94985. (a) The governing board or other governing authority of
any California private postsecondary educational institution shall
adopt regulations providing for the withholding of institutional
services from students or former students who have been notified, in
writing, at the student's or former student's last known address,
that he or she is in default on a loan or loans under either of the
following loan programs:
(1) The Stafford Student Loan program.
(2) The Supplemental Loans for Students program.
"Default," as used in this section, means the failure of a
borrower to make an installment payment when due, or to meet other
terms of the promissory note under circumstances where the guarantee
agency finds it reasonable to conclude that the borrower no longer
intends to honor the obligation to repay, if that failure persists
for 180 days for a loan repayable in monthly installments, or 240
days for a loan repayable in less frequent installments.
(b) The regulations adopted pursuant to subdivision (a) shall
provide that the services withheld may be provided during a period
when the facts are in dispute and when the student or former student
demonstrates to either the governing board or other appropriate
governing authority of the institution, or the Student Aid Commission
and the appropriate entity or its designee, that reasonable progress
has been made to repay the loan or that there exists a reasonable
justification for the delay as determined by the institution. The
regulations shall specify the services to be withheld from the
student and may include, but are not limited to, the following:
(1) The provision of grades.
(2) The provision of transcripts.
(3) The provision of diplomas. The adopted regulations shall not
include the withholding of registration privileges.
(c) When it has been determined that an individual is in default
on a loan or loans under either of the loan programs specified in
subdivision (a), the Student Aid Commission shall give notice of the
default to all institutions through which that individual acquired
the loan or loans.
(d) Guarantors, or those who act as their agents or act under
their control, who provide information to institutions pursuant to
this section, shall defend, indemnify, and hold harmless the
governing board or other governing authority of the institutions from
action resulting from compliance with this section when the action
arises as a result of incorrect, misleading, or untimely information
provided to the institution by the guarantors, their agents, or those
acting under the control of the guarantors.
94986. Prior to September 1, 1995, the California Postsecondary
Education Commission shall review and evaluate all of the following,
and shall report to the Legislature on the results of this review and
evaluation:
(a) The implementation of this chapter by the council.
(b) The effectiveness of Article 4 (commencing with Section 94760)
and Article 5 (commencing with Section 94780) in protecting the
integrity of degrees and diplomas issued by private educational
institutions.
(c) The appropriateness of policies and actions by the council to
delegate the responsibility for institutional regulation and
oversight to a state board in the Department of Consumer Affairs, the
Federal Aviation Administration, the state agency responsible for
administering Article 1 (commencing with Section 1250) of Chapter 2
of Division 2 of the Health and Safety Code, or the Examining
Committee of the State Bar.
(d) The appropriateness of statutory provisions exempting colleges
and universities accredited by the Western Association of Schools
and Colleges from the approval provisions of this chapter, and the
effectiveness of the Western Association of Schools and Colleges in
responding to complaints pursuant to subdivision (d) of Section
94962.
(e) The effectiveness of this chapter in protecting students from
misrepresentation and unfair practices and promoting the financial
integrity of institutions operating in California.
(f) The desirability of revising existing statutes for the state
funded student financial assistance programs to allow for
participation by students choosing to attend any of the institutions
approved under Article 4 (commencing with Section 94760).
The commission shall present any recommendations for revising this
chapter, as it deems appropriate.
94987. (a) On or before January 31 of each year, the council
shall submit a written report to the Legislature and to the
California Postsecondary Education Commission summarizing its
activities of the previous fiscal year.
(b) Annual reports prepared pursuant to this section shall
include, but shall not necessarily be limited to, all of the
following:
(1) Timely information relating to the enforcement activities of
the council pursuant to this chapter.
(2) Statistics providing a composite picture of the private
postsecondary educational community, including data on how many
schools, as classified by subject matter, and how many students there
are, within the scope of the activities of the council.
Article 13. Severability
94988. If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of the
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
Article 14. Termination
94990. This chapter shall become operative on January 1, 1997,
and shall become inoperative on June 30, 1997, and as of January 1,
1998, is repealed, unless a later enacted statute, which becomes
effective on or before January 1, 1998, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 285. Section 99100 of the Education Code is amended to read:
99100. (a) The Legislature finds and declares all of the
following:
(1) California students have a long and rich tradition of
participation in community service which should be recognized,
commended, and expanded.
(2) There is a growing national consensus that student
participation in community services enhances the undergraduate
experience.
(3) Student community service is an activity of extreme
importance to the mission of the university and deserves to be
conducted both for academic credit and otherwise.
(4) The state's postsecondary educational institutions are charged
to maintain a tradition of public service as well as teaching and
research.
(5) Access to the privilege of attending the university is made
possible for many by our state's tradition of keeping fees and
tuition low.
(6) Practical learning experiences in the real world are valuable
for the development of a student's sense of self, skills, and
education.
(7) Our state faces enormous unmet human needs and social
challenges including undereducated children, increasing illiteracy
and teenage parenting, environmental contamination, homelessness,
school dropouts, and growing needs for elder care.
(8) The state's ability to face these challenges requires
policymakers to find creative and cost-effective solutions including
increased efforts for community and student public service.
(9) The Legislature and the State of California provide
substantial incentives and subsidies for its citizens to attend the
state's postsecondary education institutions, public and private,
which are among the finest in the world.
(10) Current volunteer efforts conducted by community
organizations reach only a fraction of the need. The need for public
service is great because private, state, and federal funding are
insufficient to pay for all the social services needed.
(11) Existing community service efforts have successfully
demonstrated that participation in public service is of mutual
benefit to participating students and the recipients of their
services.
(b) It is the intent of the Legislature in enacting this article
to do all of the following:
(1) Complete the college experience by providing students an
opportunity to develop themselves and their skills in real-world
learning experiences.
(2) To help nurture a sense of human community and social
responsibility in our college students.
(3) Invite the fullest possible cooperation between postsecondary
education institutions, schools, public, private, and nonprofit
agencies, and philanthropies to plan, fund, and implement expanded
opportunities for student participation in community life through
public service in organized programs.
(4) To substantially increase college student participation in
community services, with the ultimate goal of 100 percent
participation.
SEC. 286. Section 99103 of the Education Code is amended to read:
99103. There are hereby created Human Corps task forces in each
segment, which shall be established on each campus by March 1, 1988.
Community colleges and member institutions of the Association of
Independent California Colleges and Universities are strongly
encouraged to establish task forces for the purposes set forth in
this section. Each task force shall be composed of students,
faculty, and campus administration. Each task force also shall
include community representatives from groups such as schools, local
businesses and government, nonprofit associations, social service
agencies, and philanthropies. Each task force shall reflect the
ethnic and racial diversity of the institution and the surrounding
community. The purpose of the task forces is to strengthen and
coordinate existing oncampus and external community service
opportunities, expand and make new service opportunities available,
promote the Human Corps to make students, community groups, faculty,
employment recruiters, and administrators aware of the service
expectation, and develop rules and guidelines for the program.
SEC. 287. Section 99105 of the Education Code is amended to read:
99105. The California Postsecondary Education Commission shall
report periodically to the appropriate fiscal and policy committees
of the Legislature on the progress that the University of California
and the California State University are making to substantially
increase student participation in the Human Corps.
SEC. 288. Section 99106 of the Education Code is amended to read:
99106. Funding for purposes of this chapter is contingent upon
Budget Act appropriations. No provision of this chapter shall apply
to the University of California unless the Regents of the University
of California, by resolution, make that provision applicable.
SEC. 289. Section 12419.9 of the Government Code is amended to
read:
12419.9. (a) For the purposes of Section 12419.5, an amount due a
state agency from a person or entity shall include any amount due an
educational institution authorized pursuant to subdivision (a) of
Section 94310 of the Education Code from a person for repayment of
federally subsidized student loans. The Controller may establish
procedures to minimize administrative costs of collecting obligations
pursuant to this section.
(b) If the Controller, in his or her discretion, offsets an amount
due an educational institution from a person pursuant to Section
12419.5, the Controller shall remit the amount offset to the
educational institution.
(c) Offset pursuant to Section 12419.5 and this section shall be
limited to amounts due a person on a claim for a personal income tax
refund. Whenever the amount available is insufficient to offset all
amounts due state agencies, the amount available shall be applied in
such manner as the Controller, in his or her discretion, shall
determine.
(d) The Controller shall deduct and retain from any amount offset
pursuant to this section an amount sufficient to reimburse the
Controller and the Franchise Tax Board for the administrative costs
of processing the request for an offset.
(e) This section shall remain in effect only until
January 1, 1997, and as of that date is repealed, unless a later
enacted statute, which is enacted before January 1, 1997, deletes or
extends that date.
SEC. 289.5. Section 12419.9 is added to the Government Code, to
read:
12419.9. (a) For the purposes of Section 12419.5, an amount due a
state agency from a person or entity shall include any amount due an
educational institution authorized pursuant to subdivision (a) of
Section 94760 of the Education Code from a person for repayment of
federally subsidized student loans. The Controller may establish
procedures to minimize administrative costs of collecting obligations
pursuant to this section.
(b) If the Controller, in his or her discretion, offsets an amount
due an educational institution from a person pursuant to Section
12419.5, the Controller shall remit the amount offset to the
educational institution.
(c) Offset pursuant to Section 12419.5 and this section shall be
limited to amounts due a person on a claim for a personal income tax
refund. Whenever the amount available is insufficient to offset all
amounts due state agencies, the amount available shall be applied in
such manner as the Controller, in his or her discretion, shall
determine.
(d) The Controller shall deduct and retain from any amount offset
pursuant to this section an amount sufficient to reimburse the
Controller and the Franchise Tax Board for the administrative costs
of processing the request for an offset.
(e) This section shall become operative on January 1, 1997.
SEC. 290. Article 1.5 (commencing with Section 447) is added to
Part 1.95 of Division 1 of the Health and Safety Code, to read:
Article 1.5. Minority Health Professions Education Foundation
447. As used in this article:
(a) "Board" means the Board of Trustees of the Minority Health
Professions Education Foundation.
(b) "Commission" means the Health Manpower Policy Commission.
(c) "Director" means the Director of the Office of Statewide
Health Planning and Development.
(d) "Foundation" means the Minority Health Professions Education
Foundation.
(e) "Health professions" or "health professionals" means
physicians and surgeons licensed pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions
Code, dentists, registered nurses, and other health professionals
determined by the office to be needed in medically underserved areas.
(f) "Office" means the Office of Statewide Health Planning and
Development.
(g) "Underrepresented minority groups" means Blacks,
Hispanics/Latinos, Native American Indians, or other persons
underrepresented in medicine, dentistry, nursing, or other health
professions as determined by the board. After January 1, 1990, the
board, upon a finding that the action is necessary to meet the health
care needs of medically underserved areas, may add a group
comprising the economically disadvantaged to those groups authorized
to receive assistance under this article.
447.1. (a) The office shall establish a nonprofit public benefit
corporation, to be known as the Minority Health Professions Education
Foundation, that shall be governed by a board consisting of nine
members appointed by the Governor, one member appointed by the
Speaker of the Assembly, and one member appointed by the Senate
Committee on Rules. The members of the foundation board appointed by
the Governor, Speaker of the Assembly, and Senate Committee on Rules
may include representatives of minority groups which are
underrepresented in the health professions, persons employed as
health professionals, and other appropriate members of health or
related professions. All persons considered for appointment shall
have an interest in health programs, an interest in minority health
educational opportunities, and the ability and desire to solicit
funds for the purposes of this article as determined by the
appointing power. The chairperson of the commission shall also be a
nonvoting, ex officio member of the board.
(b) The Governor shall appoint the president of the board of
trustees from among those members appointed by the Governor, the
Speaker of the Assembly, and the Senate Committee on Rules.
(c) The director, after consultation with the president of the
board, may appoint a council of advisers comprised of up to nine
members. The council shall advise the director and the board on
technical matters and programmatic issues related to the Minority
Health Professions Education Foundation Program.
(d) Members of the board and members of the council shall serve
without compensation but shall be reimbursed for any actual and
necessary expenses incurred in connection with their duties as
members of the board or the council.
(e) The foundation shall be subject to the Nonprofit Public
Benefit Corporation Law (Part 2 (commencing with Section 5110) of
Division 2 of Title 2 of the Corporations Code), except that if there
is a conflict with this article and the Nonprofit Public Benefit
Corporation Law (Part 2 (commencing with Section 5110) of Division 2
of Title 2 of the Corporations Code), this article shall prevail.
447.2. (a) Of the members of the board first appointed by the
Governor pursuant to Section 447.1, three members shall be appointed
to serve a two-year term, three members shall be appointed to serve a
three-year term, and three members shall be appointed to serve a
four-year term.
(b) Of the members of the board first appointed by the Speaker of
the Assembly and the Senate Committee on Rules pursuant to Section
447.1, each member shall be appointed to serve a four-year term.
(c) Upon the expiration of the initial appointments for the board,
each member shall be appointed to serve a four-year term.
447.3. The Minority Health Professions Education Foundation may
do any of the following:
(a) Solicit and receive funds from business, industry,
foundations, and other private or public sources for the purpose of
providing financial assistance in the form of scholarships or loans
to Black students, Hispanic/Latino students, Native American Indian
students, and other students from underrepresented minority groups.
These funds shall be expended by the office after transfer to the
Minority Health Professions Education Fund, created pursuant to
Section 447.5.
(b) Recommend to the director the disbursement of private sector
moneys deposited in the Minority Health Professions Education Fund to
students from underrepresented minority groups accepted to or
enrolled in schools of medicine, dentistry, nursing, or other health
professions in the form of loans or scholarships.
(c) Recommend to the director a standard contractual agreement to
be signed by the director and any participating student, that would
require a period of obligated professional service in the areas in
California designated by the commission as deficient in primary care
services. The agreement shall include a clause entitling the state
to recover the funds awarded plus the maximum allowable interest for
failure to begin or complete the service obligation.
(d) Develop criteria for evaluating the likelihood that applicants
for scholarships or loans would remain to practice their profession
in designated areas deficient in primary care services.
(e) Develop application forms, which shall be disseminated to
students from underrepresented minority groups interested in applying
for scholarships or loans.
(f) Encourage private sector institutions, including hospitals,
community clinics, and other health agencies to identify and provide
educational experiences to students from underrepresented minority
groups who are potential applicants to schools of medicine,
dentistry, nursing, or other health professions.
(g) Prepare and submit an annual report to the office documenting
the amount of money solicited from the private sector, the number of
scholarships and loans awarded, the enrollment levels of students
from underrepresented minority groups in schools of medicine,
dentistry, nursing, and other health professions, and the projected
need for scholarships and loans in the future.
(h) Recommend to the director that a portion of the funds
solicited from the private sector be used for the administrative
requirements of the foundation.
447.4. The office shall do all of the following:
(a) Provide technical and staff support to the foundation in
meeting all of its responsibilities.
(b) Provide financial management for the Minority Health
Professions Education Fund.
(c) Enter into contractual agreements with students from
underrepresented minority groups for the disbursement of scholarships
or loans in return for the commitment of these students to practice
their profession in an area in California designated as deficient in
primary care services.
(d) Disseminate information regarding the areas in the state that
are deficient in primary care services to potential applicants for
the scholarships or loans.
(e) Monitor the practice locations of the recipients of the
scholarships or loans.
(f) Recover funds, in accordance with the terms of the contractual
agreements, from recipients of scholarships or loans who fail to
begin or complete their obligated service. Funds so recovered shall
be redeposited in the Minority Health Professions Education Fund.
(g) Contract with the institutions that train family practice
residents, in order to increase the participation of students from
underrepresented minority groups in entering the specialty of family
practice. The director may seek the recommendations of the
commission or foundation as to which programs best demonstrate the
ability to meet this objective.
(h) Contract with training institutions that are involved in
osteopathic postgraduate training in general or family practice
medicine, in order to increase the participation of students from
underrepresented minority groups participating in the practice of
osteopathic medicine. The director may seek the recommendations of
the commission or foundation as to which programs have demonstrated
the ability to meet this objective.
(i) Enter into contractual agreements with graduated health
professionals to repay some or all of the debts they incurred in
health professional schools in return for practicing their
professions in an area in California designated as deficient in
primary care services.
(j) Contract with institutions that award baccalaureate of science
of nursing degrees in order to increase the participation of
students from underrepresented minority groups in the nursing
profession. The director may seek the recommendations of the
commission as to which programs have demonstrated the ability to meet
this objective.
447.5. There is hereby created within the office a Minority
Health Professions Education Fund. The primary purpose of this fund
is to provide scholarships and loans to students from
underrepresented minority groups who are accepted to or enrolled in
schools of medicine, dentistry, nursing, or other health professions,
and to fund the Geriatric Nurse Practitioner and Clinical Nurse
Specialist Scholarship Program pursuant to Article 5 (commencing with
Section 447.60). The fund shall also be used to pay for the cost
of administering the program and for any other purpose authorized by
this article. The level of expenditure by the office for the
administrative support of the program created pursuant to this
article shall be subject to review and approval annually through the
state budget process. The office may receive private donations to be
deposited into this fund. All money in the fund is continuously
appropriated to the office for the purposes of this article and
Article 5 (commencing with Section 447.60). The office shall manage
this fund prudently in accordance with other provisions of law.
447.6. Any regulations the office adopts to implement this
article shall be adopted as emergency regulations in accordance with
Section 11346.1 of the Government Code, except that the regulations
shall be exempt from the requirements of subdivisions (e), (f), and
(g) of that section. The regulations shall be deemed to be emergency
regulations for the purposes of Section 11346.1 of the Government
Code.
447.7. Notwithstanding any other provision, meetings of the board
need not be open to the public when the board discusses applications
for financial assistance under this article, or other matters that
the board and the office reasonably determine should not be discussed
in public due to privacy considerations.
447.8. Notwithstanding any other law, the office may exempt from
public disclosure any document in the possession of the office that
pertains to a donation made pursuant to this article if the donor has
requested anonymity.
SEC. 291. Part 6.5 (commencing with Section 1189) is added to
Division 1 of the Health and Safety Code, to read:
PART 6.5. FAMILY PHYSICIAN TRAINING PROGRAMS
CHAPTER 1. SONG-BROWN FAMILY PHYSICIAN TRAINING ACT
1189. (a) This chapter shall be known and may be cited as
the Song-Brown Family Physician Training Act.
(b) The Legislature hereby finds and declares that
physicians engaged in family practice are in very short supply in
California. The current emphasis placed on specialization in medical
education has resulted in a shortage of physicians trained to
provide comprehensive primary health care to families. The
Legislature hereby declares that it regards the furtherance of a
greater supply of competent family physicians to be a public purpose
of great importance and further declares the establishment of the
program pursuant to this chapter to be a desirable, necessary and
economical method of increasing the number of family physicians to
provide needed medical services to the people of California. The
Legislature further declares that it is to the benefit of the state
to assist in increasing the number of competent family physicans
graduated by colleges and universities of this state to provide
primary health care services to families within the state.
The Legislature finds that the shortage of family physicians can
be improved by the placing of a higher priority by public and private
medical schools, hospitals, and other health care delivery systems
in this state, on the recruitment and improved training of medical
students and residents to meet the need for family physicians. To
help accomplish this goal, each medical school in California is
encouraged to organize a strong family practice program or
department. It is the intent of the Legislature that the programs or
departments be headed by a physician who possesses specialty
certification in the field of family practice, and has broad clinical
experience in the field of family practice.
The Legislature further finds that encouraging the training of
primary care physician's assistants and primary care nurse
practitioners will assist in making primary health care services more
accessible to the citizenry, and will, in conjunction with the
training of family physicians, lead to an improved health care
delivery system in California.
Community hospitals in general and rural community hospitals in
particular, as well as other health care delivery systems, are
encouraged to develop family practice residencies in affiliation or
association with accredited medical schools, to help meet the need
for family physicians in geographical areas of the state with
recognized family primary health care needs. Utilization of expanded
resources beyond university-based teaching hospitals should be
emphasized, including facilities in rural areas wherever possible.
It is the intent of the Legislature to provide for a program
designed primarily to increase the number of students and residents
receiving quality education and training in the specialty of family
practice and as primary care physician's assistants and primary care
nurse practitioners and to maximize the delivery of primary care
family physician services to specific areas of California where there
is a recognized unmet priority need. This program is intended to be
implemented through contracts with accredited medical schools,
programs that train primary care physician's assistants and programs
that train primary care nurse practitioners, hospitals, and other
health care delivery systems based on per-student or per-resident
capitation formulas. It is further intended by the Legislature that
the programs will be professionally and administratively accountable
so that the maximum cost effectiveness will be achieved in meeting
the professional training standards and criteria set forth in this
part.
This part may be cited as the "Song-Brown Family Physician
Training Act."
1189.1. As used in this part, the following terms mean:
(a) "Family physician" means a primary care physician who is
prepared to and renders continued comprehensive and preventative
health care services to families and who has received specialized
training in an approved family practice residency for three years
after graduation from an accredited medical school.
(b) "Associated" and "affiliated" mean that relationship that
exists by virtue of a formal written agreement between a hospital or
other health care delivery system and an approved medical school
which pertains to the family practice training program for which
state contract funds are sought. This definition shall include
agreements that may be entered into subsequent to October 2, 1973, as
well as those relevant agreements that are in existence prior to
October 2, 1973.
(c) "Commission" means the Health Manpower Policy Commission.
(d) "Programs that train primary care physician's assistants"
means a program that has been approved for the training of primary
care physician's assistants pursuant to Section 3513 of the Business
and Professions Code.
(e) "Programs that train primary care nurse practitioners" means a
program that is operated by a California school of medicine or
nursing, or that is authorized by the Regents of the University of
California or by the Trustees of the California State University, or
that is approved by the Board of Registered Nursing.
1189.2. There is hereby created a state medical contract program
with accredited medical schools, programs that train primary care
physician's assistants, programs that train primary care nurse
practitioners, hospitals, and other health care delivery systems to
increase the number of students and residents receiving quality
education and training in the specialty of family practice and to
maximize the delivery of primary care family physician services to
specific areas of California where there is a recognized unmet
priority need for those services.
1189.3. There is hereby created a Health Manpower Policy
Commission. The commission shall be composed of 10 members who shall
serve at the pleasure of their appointing authorities:
(a) Eight members appointed by the Governor, as follows:
(1) One representative of the University of California medical
schools, from a nominee or nominees submitted by the University of
California.
(2) One representative of the private medical or osteopathic
schools accredited in California from individuals nominated by each
of these schools.
(3) One representative of practicing family physicians.
(4) One representative who is a practicing osteopathic physician
or surgeon and who is board certified in either general or family
practice.
(5) One representative of undergraduate medical students in a
family practice program or residence in family practice training.
(6) One representative of trainees in a primary care physician's
assistant program or a practicing physician's assistant.
(7) One representative of trainees in a primary care nurse
practitioners program or a practicing nurse practitioner.
(8) One representative of the Office of Statewide Health Planning
and Development, from nominees submitted by the office director.
(b) Two consumer representatives of the public who are not elected
or appointed public officials, one appointed by the Speaker of the
Assembly and one appointed by the Chairperson of the Senate Rules
Committee.
(c) The Chief of the Health Professions Development Program in the
Office of Statewide Health Planning and Development, or the chief's
designee, shall serve as executive secretary for the commission.
1189.4. The members of the commission, other than state
employees, shall receive compensation of twenty-five dollars ($25)
for each day's attendance at a commission meeting, in addition to
actual and necessary travel expenses incurred in the course of
attendance at a commission meeting.
1189.5. The commission shall do all of the following:
(a) Identify specific areas of the state where unmet priority
needs for primary care family physicians exist.
(b) Establish standards for family practice training programs and
family practice residency programs, postgraduate osteopathic medical
programs in family practice, and primary care physician's assistants
programs and programs that train primary care nurse practitioners,
including appropriate provisions to encourage family physicians,
osteopathic family physicians, primary care physician's assistants,
and primary care nurse practitioners who receive training in
accordance with this part to provide needed services in areas of
unmet need within the state. Standards for family practice residency
programs shall provide that all such residency programs contracted
for pursuant to this part shall both meet the Residency Review
Committee on Family Practice's "Essentials" for Residency Training in
Family Practice and be approved by the Residency Review Committee on
Family Practice. Standards for postgraduate osteopathic medical
programs in family practice, as approved by the American Osteopathic
Association Committee on Postdoctoral Training for interns and
residents, shall be established to meet the requirements of this
subdivision in order to ensure that those programs are comparable to
the other programs specified in this subdivision. Every program
shall include a component of training designed for medically
underserved multicultural communities, lower socioeconomic
neighborhoods, or rural communities, and shall be organized to
prepare program graduates for service in those neighborhoods and
communities. Medical schools receiving funds under this part shall
have programs or departments that recognize family practice as a
major independent specialty. Existence of a written agreement of
affiliation or association between a hospital and an accredited
medical school shall be regarded by the commission as a favorable
factor in considering recommendations to the director for allocation
of funds appropriated to the state medical contract program
established under this part.
For purposes of this subdivision, "family practice" includes the
general practice of medicine by osteopathic physicians.
(c) Review and make recommendations to the Director of the Office
of Statewide Health Planning and Development concerning the funding
of family practice programs or departments and family practice
residencies and programs for the training of primary care physician's
assistants and primary care nurse practitioners that are submitted
to the Health Professions Development Program for participation in
the contract program established by this part. If the commission
determines that a program proposal that has been approved for funding
or that is the recipient of funds under this part does not meet the
standards established by the commission, it shall submit to the
Director of the Office of Statewide Health Planning and Development
and the Legislature a report detailing its objections. The
commission may request the Office of Statewide Health Planning and
Development to make advance allocations for program development costs
from amounts appropriated for the purposes of this part.
(d) Establish contract criteria and single per-student and
per-resident capitation formulas that shall determine the amounts to
be transferred to institutions receiving contracts for the training
of family practice students and residents and primary care physician'
s assistants and primary care nurse practitioners pursuant to this
part, except as otherwise provided in subdivision (e). Institutions
applying for or in receipt of contracts pursuant to this part may
appeal to the director for waiver of these single capitation
formulas. The director may grant the waiver in exceptional cases
upon a clear showing by the institution that a waiver is essential to
the institution's ability to provide a program of a quality
comparable to those provided by institutions that have not received
waivers, taking into account the public interest in program
cost-effectiveness. Recipients of funds appropriated by this part
shall, as a minimum, maintain the level of expenditure for family
practice or primary care physician's assistant or family care nurse
practitioner training that was provided by the recipients during the
1973-74 fiscal year. Funds appropriated under this part shall be
used to develop new programs or to expand existing programs, and
shall not replace funds supporting current family practice training
programs. Institutions applying for or in receipt of contracts
pursuant to this part may appeal to the director for waiver of this
maintenance of effort provision. The director may grant the waiver if
he or she determines that there is reasonable and proper cause to
grant the waiver.
(e) Review and make recommendations to the Director of the Office
of Statewide Health Planning and Development concerning the funding
of special programs that may be funded on other than a capitation
rate basis. These special programs may include the development and
funding of the training of primary health care teams of family
practice residents or family physicians and primary care physician's
assistants or primary care nurse practitioners, undergraduate medical
education programs in family practice, and programs that link
training programs and medically underserved communities in California
that appear likely to result in the location and retention of
training program graduates in those communities. These special
programs also may include the development phase of new family
practice residency, primary care physician's assistant programs, or
primary care nurse practitioner programs.
The commission shall
establish standards and contract criteria for special programs
recommended under this subdivision.
(f) Review and evaluate these programs regarding compliance with
this part. One standard for evaluation shall be the number of
recipients who, after completing the program, actually go on to serve
in areas of unmet priority for primary care family physicians in
California.
(g) Review and make recommendations to the Director of the Office
of Statewide Health Planning and Development on the awarding of funds
for the purpose of making loan assumption payments for medical
students who contractually agree to enter a primary care specialty
and practice primary care medicine for a minimum of three consecutive
years following completion of a primary care residency training
program pursuant to Chapter 1.5 (commencing with Section 69300) of
Part 42 of the Education Code.
1189.6. When making recommendations to the Director of the Office
of Statewide Health Planning and Development concerning the funding
of family practice programs or departments, family practice
residencies, and programs for the training of primary care physician
assistants and primary care nurse practitioners, the commission shall
give priority to programs that have demonstrated success in the
following areas:
(a) Actual placement of individuals in medically underserved
areas.
(b) Success in attracting and admitting members of minority groups
to the program.
(c) Success in attracting and admitting individuals who were
former residents of medically underserved areas.
(d) Location of the program in a medically underserved area.
(e) The degree to which the program has agreed to accept
individuals with an obligation to repay loans awarded pursuant to the
Minority Health Professions Education Fund.
1189.7. Pursuant to the provisions of this part, the Director of
the Office of Statewide Health Planning and Development shall do all
of the following:
(a) Determine whether family practice, primary care physician's
assistant training programs proposals, and primary care nurse
practitioner training program proposals submitted to the Health
Manpower Policy Commission for participation in the state medical
contract program established by this part meet the standards
established by the commission.
(b) Select and contract on behalf of the state with accredited
medical schools, programs that train primary care physician's
assistants, programs that train primary care nurse practitioners,
hospitals, and other health care delivery systems for the purpose of
training undergraduate medical students and residents in the
specialty of family practice. Contracts shall be awarded to those
institutions that best demonstrate the ability to provide quality
education and training and to retain students and residents in
specific areas of California where there is a recognized unmet
priority need for primary care family physicians. Contracts shall be
based upon the recommendations of the commission and in conformity
with the contract criteria and program standards established by the
commission.
(c) Terminate, upon 30 days' written notice, the contract of any
institution whose program does not meet the standards established by
the commission or that otherwise does not maintain proper compliance
with this part, except as otherwise provided in contracts entered
into by the director pursuant to this part.
1189.8. The Director of the Office of Statewide Health Planning
and Development shall adopt, amend, or repeal regulations as
necessary to enforce this part, which shall include criteria that
training programs must meet in order to qualify for waivers of single
capitation formulas or maintenance of effort requirements authorized
by Section 1189.5. Regulations for the administration of this part
shall be adopted, amended, or repealed as provided in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
CHAPTER 2. HEALTH EDUCATION AND ACADEMIC LOAN ACT
Article 1. General Provisions
1189.50. This chapter shall be known and may be cited as the
Health Education and Academic Loan Act.
1189.51. The Legislature finds and declares all of the following:
(a) Lower levels of reimbursement in rural and inner-city areas
for certain critical primary care practices combined with increasing
student costs deter medical students from entering the primary care
specialties.
(b) Physicians typically begin their practices heavily in debt
from student loans acquired to finance their education.
(c) Because of the lower levels of reimbursement and the burden of
educational debts, the number of primary care physicians who choose
to practice in California is insufficient to adequately meet the
health needs of the state's population.
(d) Repayment of student loans for medical students as a means to
encourage increased provision of primary care medical services will
benefit all citizens of California.
1189.52. As used in this chapter, unless the context otherwise
requires, the following definitions shall apply:
(a) "Commission" means the Health Manpower Policy Commission.
(b) "Director" means the Director of Statewide Health Planning and
Development.
(c) "Medically underserved designated shortage area" means any of
the following:
(1) An area designated by the commission as a critical health
manpower shortage area.
(2) A medically underserved area, as designated by the United
States Department of Health and Human Services.
(3) A critical manpower shortage area, as defined by the United
States Department of Health and Human Services.
(d) "Primary care physician" means a physician who has the
responsibility for providing initial and primary care to patients,
for maintaining the continuity of patient care, and for initiating
referral for care by other specialists. A primary care physician
shall be a board-certified or board-eligible general internist,
general pediatrician, general obstetrician-gynecologist, or family
physician.
Article 2. Loan Assumption
1189.60. (a) The commission may provide assistance for the
repayment of any student loan for medical education received by a
medical student in an institution of higher education in California.
The director, with the advice and upon the recommendation of the
commission, shall make loan assumption payments using the criteria
developed pursuant to this article and any other criteria developed
by the commission that are consistent with this article. The
commission may not provide loan assumption assistance for a loan that
is in default at the time of the application.
(b) The Office of Statewide Health Planning and Development, in
consultation with the commission, may adopt, by regulation, rules and
procedures necessary to administer the loan assumption program
established pursuant to this article.
1189.61. To be eligible for loan assumption assistance, an
applicant shall meet both of the following requirements:
(a) Be enrolled as a full-time student in an accredited California
medical school and be a resident of California at the time of the
application.
(b) Enter a primary care residency training program in California
and provide primary care medical services for a minimum of three
years after completion of residency.
1189.62. (a) Each recipient of loan assumption assistance shall
enter into a written contract with the commission, which shall be
considered a contract with the State of California. In executing
contracts, the commission shall give priority to those applicants who
agree to provide primary care services for a minimum of three years
in a medically underserved designated shortage area.
(b) The contract shall include all of the following terms and
conditions:
(1) An unlicensed applicant shall apply for a license to practice
medicine in California at the earliest practicable opportunity.
(2) Within six months after licensure and the completion of all
requirements for the primary care specialty, the applicant shall
engage in the practice of primary care medicine.
(3) The recipient shall agree to provide three consecutive years
of service as a primary care physician in a medically underserved
designated shortage area, or five consecutive years of service in an
area not designated by the commission or the United States Department
of Health and Human Services as a medically underserved area in
order to receive loan assumption assistance made on his or her behalf
directly to the lending institution. Loan assumption assistance
shall be provided only for the principal amount of the recipient's
loan. If any recipient takes pregnancy or paternity leave or suffers
temporary disability, the recipient shall perform an amount of
service equal to the amount of service lost because of the pregnancy
or paternity leave or temporary disability. Performance of that
service by the recipient shall commence immediately upon his or her
return to work following the leave or disability. Under a three-year
term of service, 20 percent of the total grant shall be provided on
behalf of the recipient upon completion of the first year of service;
30 percent shall be provided on behalf of the recipient upon
completion of the second year of service; and 50 percent shall be
provided to the recipient or to the lending institution on behalf of
the recipient upon completion of three years of service as a primary
care physician if the recipient received medical student loan
deferment. If a recipient agrees to provide five years of service
pursuant to this paragraph, 20 percent of the total grant shall be
provided on behalf of the recipient upon completion of the first year
of service; 10 percent shall be provided upon completion of the
second year of service; 10 percent shall be provided upon completion
of the third year of service; 10 percent shall be provided upon
completion of the fourth year of service; and 50 percent shall be
provided to the recipient or to the lending institution on behalf of
the recipient upon completion of five years of service as a primary
care physician if the recipient received medical student loan
deferment.
(4) The physician shall treat patients in the area who are
eligible for medicaid, Medicare, Medi-Cal, and county reimbursement
for low-income and medically indigent adults in addition to
fee-for-service patients and shall develop a sliding fee scale for
low-income patients.
(5) Those applicants who agree to practice in underserved areas
shall practice full time in the medically underserved designated
shortage area.
(6) The physician shall permit the commission to monitor his or
her practice to determine compliance with the terms of the contract.
(7) The commission shall certify compliance with the terms of the
contract for purposes of receipt by the physician of the loan
assumption assistance for years subsequent to the initial year of
loan assumption assistance.
(8) If the recipient dies or becomes totally or permanently
disabled, the commission shall nullify the service obligation of the
recipient and the commission shall repay the student loan in full.
(9) If the recipient is convicted of a felony or misdemeanor
involving moral turpitude, commits an act of gross negligence in the
performance of service obligations, or his or her license to practice
is revoked or suspended by the appropriate licensing board, the
commission may demand repayment of any funds expended as loan
assumption assistance on behalf of the physician.
(10) Any recipient of loan assumption assistance who fails to
fulfill the obligations for which he or she contracted shall pay to
the commission the full amount received plus interest from the date
of the original contract at the rate of 2 percent above the prime
rate at the time of the breach. The director may recover all costs
and attorney fees incurred as a result of collecting payments
resulting from the breach.
(11) The loan assumption program provided by this section shall
apply only to government loans, or those loans insured or made
available by federal or state government.
(12) Not more than 10 percent of the funds obtained from
alternative sources, as specified in Section 1189.90, may be used to
cover the administrative costs incurred by the Office of Statewide
Health Planning and Development to implement the loan assumption
program.
Article 3. Notification of Financial Aid Availability
1189.70. Each publicly funded medical school in California shall
inform incoming medical students of all student loan, loan repayment,
and medical student scholarship programs available to them. This
information shall include, but need not be limited to, information
concerning the National Health Service Corps program, the Minority
Health Professions Education Foundation program, and the Loan
Assumption Program created pursuant to this chapter.
Article 4. Applicability to University of California
1189.80. No requirement contained in this chapter shall apply to
the University of California unless the Regents of the University of
California, by resolution, make that requirement applicable.
Article 5. Miscellaneous
1189.90. (a) This chapter shall only be implemented if private
funds are made available from private sources for all program and
administrative costs related to the implementation of this chapter.
(b) No state funds shall be used to implement this chapter.
(c) This chapter shall become operative only upon certification by
the Director of the Office of Statewide Health Planning and
Development that sufficient private funds have been made available
from private sources to implement this chapter.
SEC. 292. Section 11520 of the Insurance Code is amended to read:
11520. The following organizations and persons may receive
transfers of property, conditioned upon their agreement to pay an
annuity to the transferor or the transferor's nominee, after
obtaining from the commissioner a certificate of authority so to do:
(a) Any charitable, religious, benevolent or educational
organization, pecuniary profit not being its object or purpose, after
being in active operation for at least 10 years; provided,
nevertheless, that 10 years of active operation shall not be required
in case of:
(1) A nonprofit corporation organized and controlled by a hospital
licensed by the State Department of Health Services as a general
acute care hospital pursuant to Chapter 2 (commencing with Section
1250) of Division 2 of the Health and Safety Code; and
(2) An incorporated educational institution offering courses of
instruction beyond high school, organized pursuant to Section 94306
of the Education Code, and which is, and for at least one year has
been, qualified pursuant to Chapter 3 (commencing with Section 94300)
of Part 59 of the Education Code to issue diplomas or degrees as
defined in Section 94302 of that code;
(b) Every organization or person maintaining homes for the aged
for pecuniary profit.
The provisions of this section shall apply to organizations
subject to and operating under Chapter 10 (commencing with Section
1770) of Division 2 of the Health and Safety Code.
(c) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 292.5. Section 11520 is added to the Insurance Code, to read:
11520. The following organizations and persons may receive
transfers of property, conditioned upon their agreement to pay an
annuity to the transferor or the transferor's nominee, after
obtaining from the commissioner a certificate of authority so to do:
(a) Any charitable, religious, benevolent or educational
organization, pecuniary profit not being its object or purpose, after
being in active operation for at least 10 years; provided,
nevertheless, that 10 years of active operation shall not be required
in case of:
(1) A nonprofit corporation organized and controlled by a hospital
licensed by the State Department of Health Services as a general
acute care hospital pursuant to Chapter 2 (commencing with Section
1250) of Division 2 of the Health and Safety Code; and
(2) An incorporated educational institution offering courses of
instruction beyond high school, organized pursuant to Section 94757
of the Education Code, and which is, and for at least one year has
been, qualified pursuant to Chapter 7 (commencing with Section 94700)
of Part 59 of the Education Code to issue diplomas or degrees as
defined in Sections 94724 and 94726 of that code;
(b) Every organization or person maintaining homes for the aged
for pecuniary profit.
This section applies to organizations subject to and operating
under Chapter 10 (commencing with Section 1770) of Division 2 of the
Health and Safety Code.
(c) This section shall become operative on January 1, 1997.
SEC. 293. Section 633 of the Unemployment Insurance Code is
amended to read:
633. (a) For purposes of coverage under Part 2 (commencing with
Section 2601) of Division 1, "employment" does not include services
performed as an intermittent or adjunct instructor at a postsecondary
educational institution which meets the requirements of Section
94310.1 or 94310.2 of the Education Code if the intermittent or
adjunct instructor and the employing unit enter a written contract
with the following provisions:
(1) That any federal or state income tax liability shall be the
responsibility of the party providing the services.
(2) That no disability insurance coverage is provided under the
contract.
(3) That the party performing the services certifies that he or
she is doing so as a secondary occupation or as a supplemental source
of income.
(b) This section shall not apply to services performed under a
collective bargaining agreement.
(c) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
SEC. 293.5. Section 633 is added to the Unemployment Insurance
Code, to read:
633. (a) For purposes of coverage under Part 2 (commencing with
Section 2601) of Division 1, "employment" does not include services
performed as an intermittent or adjunct instructor at a postsecondary
educational institution which meets the requirements of Article 4
(commencing with Section 94760) of Chapter 7 of Part 59 of the
Education Code if the intermittent or adjunct instructor and the
employing unit enter a written contract with the following
provisions:
(1) That any federal or state income tax liability shall be the
responsibility of the party providing the services.
(2) That no disability insurance coverage is provided under the
contract.
(3) That the party performing the services certifies that he or
she is doing so as a secondary occupation or as a supplemental source
of income.
(b) This section shall not apply to services performed under a
collective bargaining agreement.
(c) This section shall become operative on January 1, 1997.
SEC. 294. Section 282 of this act shall become operative on
January 1, 1997.
SEC. 295. (a) Except as provided in subdivision (b), any section
of any act enacted by the Legislature during the 1995 calendar year
that takes effect on or before January 1, 1996, and that amends,
amends and renumbers, adds, repeals and adds, or repeals a provision
amended, repealed, or added by this act, shall prevail over this act,
whether that act is enacted prior to, or subsequent to, this act.
(b) Subdivision (a) does not apply to any of the following:
(1) Section 2902 of the Business and Professions Code, as amended
by Chapter 279 of the Statutes of 1995.
(2) Section 4980.40 of the Business and Professions Code, as
amended by Chapter 327 of the Statutes of 1995.
(3) Section 72023.5 of the Education Code, as amended by Chapter
82 of the Statutes of 1995.