Bill Text: CA SB634 | 2015-2016 | Regular Session | Amended
Bill Title: Postsecondary education: interstate reciprocity agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB634 Detail]
Download: California-2015-SB634-Amended.html
BILL NUMBER: SB 634 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2015
INTRODUCED BY Senator Block
FEBRUARY 27, 2015
An act to amend Section 94858 of, and to add
Section 66027.6 to Chapter 1.2 (commencing with Section
99010) to Part 65 of Division 14 of Title 3 of, the Education
Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 634, as amended, Block. Postsecondary education: interstate
reciprocity agreement.
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physical presence in the state, and is repealed on January 1, 2017.
The act defines "private postsecondary educational institution"
for these purposes.
This bill would authorize the Governor to enter into an interstate
reciprocity agreement for purposes of oversight of postsecondary
educational institutions offering postsecondary education in states
in which they maintain no physical presence, as specified.
This bill would, to the extent authorized by federal law, apply
the act to an accredited private entity with no physical presence in
this state that offers and awards degrees to the public in this state
by means of distance education for an institutional charge if the
entity does not participate in a regional state authorization
reciprocity agreement entered into or recognized by the state
pursuant to specified law. The bill would authorize the Department of
Consumer Affairs to enter into a regional state authorization
reciprocity agreement with other states through a compact on behalf
of this state. The compact would provide that an entity regulated in
one member state would be able to provide distance education in other
member states. The bill would require the bureau, before entering
into a compact, to establish a process to ensure that certain
educational institutions that are exempt from the act may participate
in the state authorization reciprocity agreement without impacting
their exempt status. The bill would require the bureau to enter into
a memorandum of understanding with certain educational officials for
the purpose of establishing and implementing the state authorization
reciprocity agreement, as specified. The bill would authorize the
bureau to establish a reasonable fee to be paid to the Department of
Consumer Affairs by a participating postsecondary institution, as
specified.
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 94858 of the
Education Code is amended to read:
94858. "Private postsecondary educational institution" means a
private entity with a physical presence in this state that offers
postsecondary education to the public for an institutional
charge. charge, or, to the extent authorized by
federal law, an accredited private entity with no physical presence
in this state that offers and awards degrees to the public in this
state by means of distance education for an institutional charge if
it does not participate in a regional state authorization reciprocity
agreement entered into or recognized by the state pursuant to
Chapter 1.2 (commencing with Section 99010) of Part 65 of Division
14.
SEC. 2. Chapter 1.2 (commencing with Section
99010) is added to Part 65 of Division 14 of Title 3 of the
Education Code , to read:
CHAPTER 1.2. STATE AUTHORIZATION RECIPROCITY AGREEMENT
99010. (a) The purpose of this chapter is to provide protection
for California students enrolled in distance education programs
across state boundaries and to encourage the growth and utilization
by in-state students of quality online distance education offerings
by accredited degree-granting colleges and universities.
(b) This chapter provides the mechanism for California colleges
and universities to participate in limited interstate reciprocity
among states, including through the Western Interstate Commission for
Higher Education State Authorization Reciprocity Agreement.
(c) Reciprocity agreements authorized by this chapter are needed
to allow institutions to be authorized to offer distance education to
students in all states and United States territories because
postsecondary education is controlled by the states and each state
charters or licenses colleges and universities separately.
99011. The following terms, for purposes of this chapter, shall
have the following meanings:
(a) "Accredited" means an institution is accredited by an
accrediting agency recognized by the United States Department of
Education.
(b) "Bureau" means the Bureau for Private Postsecondary Education
in the Department of Consumer Affairs.
(c) "Participating postsecondary institution" means an institution
with a physical presence in this state that has been approved to
operate under a regional state authorization reciprocity agreement.
(d) "Postsecondary institution" means any accredited,
degree-granting public or private university or college with a
physical presence in this state and any accredited community college
with a physical presence in this state.
(e) "State authorization reciprocity agreement" means a compact
between this state and one or more other states to permit distance
education in a state in which a provider does not have a regulated
physical presence if the provider has a physical presence and is
authorized to operate in another state subject to the agreement.
99012. (a) The Department of Consumer Affairs may enter into a
regional state authorization reciprocity agreement with other states
through a compact on behalf of this state.
(b) Before entering into a compact authorized by subdivision (a),
the Bureau shall establish a process to ensure that educational
institutions exempt from the California Private Postsecondary Act of
2009 pursuant to Section 94874, may participate in the state
authorization reciprocity agreement without impacting their exempt
status.
(c) For the purposes of establishing and implementing the state
authorization reciprocity agreement, the Bureau shall enter into a
memorandum of understanding with the President of the University of
California, the Chancellor of the California State University, the
Chancellor of the California Community Colleges, and the presidents
of the independent California colleges and universities as
represented by the state association representing the largest number
of those members. This memorandum of understanding shall not weaken
existing student privacy and confidentiality protections.
(d) The Bureau may establish a reasonable fee to be paid to the
Department of Consumer Affairs by a participating postsecondary
institution pursuant to this section. The amount of the fee shall be
established to recover designated expenses incurred by the Department
of Consumer Affairs in administering the provisions of this section.
SECTION 1. Section 66027.6 is added to the
Education Code, to read:
66027.6. The Governor is authorized to enter into an interstate
reciprocity agreement for purposes of oversight of postsecondary
educational institutions offering postsecondary education in states
in which they maintain no physical presence, provided that the
agreement ensures that students enrolled in private postsecondary
educational institutions without a physical presence in this state
that are not independent institutions, as defined in subdivision (b)
of Section 66010, are provided at least with a similar level of
consumer protection as would be provided if the institutions were
regulated by the Bureau for Private Postsecondary Education.
