Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 237

Introduced by Assembly Member Irwin

January 18, 2019

An act to amend Section 94875 of add Sections 94867.5, 94892.5, 94896.5, and 94939.5 to the Education Code, relating to private postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 237, as amended, Irwin. Postsecondary education: Bureau for Private Postsecondary Education. Private postsecondary education: approval to operate: Title 38 awards.
Title 38 of the United States Code provides educational awards for eligible active duty members and veterans of the United States Armed Forces. Existing law requires an institution headquartered or operating in California desiring to enroll students eligible for federal Title 38 awards in accredited institutions and programs to apply for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, and authorizes CSAAVE to approve the application of the school when the school and its accredited courses satisfy specified criteria and any additional reasonable criteria established by CSAAVE.
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 provides that certain violations of its provisions are criminal infractions. The act prohibits a person from opening, conducting, or doing business as a private postsecondary educational institution in this state without obtaining approval to operate from the bureau, as specified, unless exempted. The act requires the bureau to adopt by regulation the process and procedures whereby an institution seeking approval may apply for and obtain approval to operate, and the process and procedures whereby an institution that has been granted approval may make a substantial change to, or obtain a renewal of, its approval to operate.
This bill would prohibit the bureau from granting, renewing, or making a substantive change to an approval to operate an institution that is seeking to enroll a recipient of a Title 38 award, if CSAAVE determines that the institution is not eligible to receive Title 38 awards. The bill would require the bureau to take disciplinary action, as specified, against an institution if the institution enrolls, or seeks to enroll, a recipient of a Title 38 award and CSAAVE determines that the institution is not eligible to receive Title 38 awards.
By creating additional criminal infractions under the act, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the Bureau for Private Postsecondary Education and provides for its functions and responsibilities.

This bill would make a nonsubstantive change to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 94867.5 is added to the Education Code, to read:

94867.5.
 “Title 38 award” means an award pursuant to Chapter 12.5 (commencing with Section 67100) of Part 40 of Division 5.

SEC. 2.

 Section 94892.5 is added to the Education Code, to read:

94892.5.
 An applicant seeking to enroll a recipient of a Title 38 award shall not obtain, and the bureau shall not issue to an applicant, an approval to operate or a renewal of an approval to operate if the California State Approving Agency for Veterans Education determines that the applicant is not eligible to receive Title 38 awards.

SEC. 3.

 Section 94896.5 is added to the Education Code, to read:

94896.5.
 The bureau shall not approve a substantive change to an approval to operate of an applicant seeking to enroll a recipient of a Title 38 award if the California State Approving Agency for Veterans Education determines that the applicant is not eligible to receive Title 38 awards.

SEC. 4.

 Section 94939.5 is added to the Education Code, to read:

94939.5.
 If an institution enrolls, or seeks to enroll, a recipient of a Title 38 award and the California State Approving Agency for Veterans Education determines that the institution is not eligible to receive Title 38 awards, the bureau shall take disciplinary action against the institution under this article, as appropriate, up to, and including, revoking the institution’s approval.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 94875 of the Education Code is amended to read:
94875.

The Bureau for Private Postsecondary Education, as established by Section 6 of Chapter 635 of the Statutes of 2007, is continued in existence and shall commence operations. This chapter establishes the functions and responsibilities of the bureau for the purposes of Section 6 of Chapter 635 of the Statutes of 2007. The bureau shall regulate private postsecondary educational institutions through the powers granted, and duties imposed, by this chapter. In exercising its powers, and performing its duties, the protection of the public shall be the bureau’s highest priority. If protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.