BILL NUMBER: AB 2652	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2016

INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 19, 2016

   An act to  amend Section 94858   add and
repeal Section 94801.5  of the Education Code, relating to
postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2652, as amended, Eggman. California Private Postsecondary
Education Act of 2009: applicability.
   Under existing law, the segments of postsecondary education in
this state include the University of California, the California State
University, the California Community Colleges, independent
institutions of higher education, and private postsecondary
educational institutions.
   Existing law, the California Private Postsecondary Education Act
of 2009, provides, among other things, for student protections and
regulatory oversight of private postsecondary institutions in the
state. The act is enforced by the Bureau for Private Postsecondary
Education within the Department of Consumer Affairs. The act exempts
specified institutions from its provisions, does not apply to private
postsecondary educational institutions that do not maintain a
physical presence in the state, and is repealed on January 1, 2017.
   This bill  would instead,   would,  to
the extent authorized by federal law,  apply the act to a
  require a  private  entity that offers
postsecondary education to the public in this state for an
institutional charge.   entity with no physical presence
in this state, that would be subject to the requirements of this act
if the entity was located in this state, to register with the bureau
and participate in the act's Student Tuition Recovery  
Fund for its California students. The bill would establish a private
task force comprised of specified individuals to make
recommendations, by July 1, 2018, to the Legislature   and
the Governor on how California should regulate educational programs
offered, by institutions with no physical presence in this state, to
the California public by means of distance education. The
requirements of the bill would be repealed on July 1, 2018. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 94801.5 is added to the 
 Education Code   , to read:  
   94801.5.  (a) Effective July 1, 2017, to the extent authorized by
federal law, a private entity with no physical presence in this state
that, if the entity was geographically located in this state, would
be subject to the requirements of this act shall do both of the
following:
   (1) Register with the bureau.
   (2) Participate in the Student Tuition Recovery Fund for its
California students.
   (b) Effective January 30, 2017, there shall be a Private
Postsecondary Distance Learning Task Force comprised of the following
representatives:
   (1) A representative from the Student Aid Commission.
   (2) A representative from the Department of Consumer Affairs.
   (3) A representative from the Department of Veterans Affairs.
   (4) A representative appointed by the Assembly.
   (5) A representative appointed by the Senate.
   (6) A representative appointed by the Governor's office.
   (7) A representative of a nonprofit consumer advocacy organization
appointed by the director with a history of advocacy before the
bureau.
   (8) A representative of an accredited private postsecondary
institution.
   (9) A representative from the Attorney General's office.
   (10) A representative of a nonprofit legal aid organization that
represents private postsecondary students.
   (11) A representative of an unaccredited private postsecondary
institution with geographic locations only in California.
   (12) A representative of a nonprofit postsecondary institution and
a representative of a public institution may be appointed by the
director as nonvoting members.
   (c) (1) The task force, by July 1, 2018, shall make
recommendations to the Legislature and the Governor on how
California, consistent with the bureau's primary aim of ensuring
public protection, should regulate educational programs offered to
the public by means of distance education by institutions with no
physical presence in California that would, if geographically located
in California, be subject to the requirements of this act.
   (2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
   (d) This section shall remain in effect only until July 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2018, deletes or extends that date. 

  SECTION 1.    Section 94858 of the Education Code
is amended to read:
   94858.  "Private postsecondary educational institution" means, to
the extent authorized by federal law, a private entity that offers
postsecondary education to the public in this state for an
institutional charge.