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jcarroll17

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MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« on: April 08, 2007, 11:59:31 AM »
Hey all, I was/am pretty interested in a distance law school. However in talking with one of the deans, I learned that the board that has previously approved CA distance law schools has not been renewed to continue working, and has sent out a sunset letter stating that as of July of 2007 (this year) they will no longer be functioning.

This has widespread, and unsure effects.

Please see the following excerpts from the letters the dean sent me:

====================================================================

Bureau for Private Postsecondary and Vocational Education
1625 North Market Boulevard, Suite S-202, Sacramento, CA 95834
P.O. Box 980818, West Sacramento, CA 95798-0818
(916) 574-7720
www.bppve.ca.gov
February 15, 2007
Dear School Owner:
The purpose of this letter is to provide you with some general information about the status of the Bureau for Private
Postsecondary and Vocational Education (Bureau) within the California Department of Consumer Affairs (Department).
As many of you know, the Private Postsecondary and Vocational Education Reform Act (Act) will become inoperative on
July 1, 2007 unless another piece of legislation is passed by the State Legislature and signed into law by Governor
Schwarzenegger. While this impending sunset does provide challenges for the Bureau, it is also a strong incentive for all
parties -- the Administration, the Legislature, consumer advocates and schools, such as yours, to work together to create a
new and more effective Act to guide the administration of this important program.
In the attached veto message of Assembly Bill 2810, the Governor called for comprehensive reform and committed to
working with the Legislature. We expect that legislation will be introduced shortly. While we cannot predict what will
ultimately happen with the Act or the Bureau, we can provide you with as much information as we know to date. We will
make every effort to keep you updated and encourage you to go to the Bureauís website at www.bppve.ca.gov for
monthly updates.
Naturally, the Department is very concerned about what could potentially happen should the Act become inoperative July
1, 2007 and no statutory framework is in place. We contacted the United States Department of Education (USDOE) to
confirm that Title IV financial aid will not be adversely impacted should the Act become inoperative. USDOEís letter is
attached for your review.
Current law (Education Code section 94999) provides for a sunset date of July 1, 2007 and a repeal date of January 1,
2008. This means that, as of July 1, 2007, institutions will no longer need to seek or maintain approval or registration
from the Bureau to operate a private postsecondary educational institution legally in California. However, the current
Act remains in full force and effect until July 1. Failure to comply with the provisions of the Act is grounds for discipline
under existing law and may affect licensure under future law as well. We also recommend that you review your
educational programs with other related state or federal agencies to ensure that the cessation of the Bureauís functions will
not otherwise impact the educational programs you offer. It is my understanding that concerns regarding the ability of
candidates attending Bureau-approved institutions to qualify to sit for various DCA board licensing examinations will be
addressed legislatively this year.
The Department has been working on a plan to assist those employed by the Bureau and will be redirecting interested staff
to other positions within the Department over the next few months. The Bureauís management staff, working with the
Department, is developing a workload plan to maintain the critical aspects of the Bureauís operations.
We hope the information provided will help clarify what the status of the Bureau and Act is, what you can expect in the next
few months, and how the pending sunset date will impact your school and students. Should you have any questions, please
feel free to email the Bureau at bppve@dca.ca.gov. In closing, it is our sincerest hope that we can achieve meaningful reform
for the private postsecondary and vocational education program, its students and the schools that provide education in this
state.
Sincerely,
BARBARA WARD
Bureau Chief
Attachments (2)

jcarroll17

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #1 on: April 08, 2007, 12:00:52 PM »

BILL NUMBER: AB 1525   INTRODUCED
   BILL TEXT


INTRODUCED BY   Assembly Member Cook
   (Coauthor: Assembly Member Portantino)

                        FEBRUARY 23, 2007

   An act relating to private postsecondary education, and declaring
the urgency thereof, to take effect immediately.


   LEGISLATIVE COUNSEL'S DIGEST


   AB 1525, as introduced, Cook. Private postsecondary education.
   (1) The Private Postsecondary and Vocational Education Reform Act
of 1989 generally sets minimum standards of instructional quality,
ethical and business practices, health and safety, and fiscal
responsibility for private postsecondary and vocational educational
institutions, as defined. The act establishes the Bureau for Private
Postsecondary and Vocational Education in the Department of Consumer
Affairs. Existing law requires the bureau, among other things, to
review and investigate all institutions, programs, and courses of
instruction approved under the act.
   The act establishes the Private Postsecondary and Vocational
Education Administration Fund and the continuously appropriated
Student Tuition Recovery Fund. The act specifies that certain
violations of its provisions are subject to civil penalties and that
certain willful violations of the act are punishable as crimes. A
provision of the act provides for it to become inoperative on July 1,
2007, and provides for its repeal on January 1, 2008.
   The bill would express the intent of the Legislature to provide
for the protection of the interests of students who, and institutions
which, have pending matters, or any other pending business, before
the bureau as of June 30, 2007.
   The bill would require that each matter, as defined, pending
before the bureau as of the close of business on June 30, 2007, be
deemed to remain pending before the bureau or a successor agency as
of January 1, 2008, irrespective of any applicable deadlines. With
respect to any deadline applicable to a pending matter, the bill
would require that no time be deemed to have elapsed between July 1,
2007, and December 31, 2007. The bill would require that any
institution, program, or course of study that is approved by the
bureau as of the close of business on June 30, 2007, be deemed to be
approved as of January 1, 2008, irrespective of any applicable
conditions, deadlines, or additional requirements. The bill would
also require that, with respect to any deadline applicable to the
approval or conditional approval of an institution, program, or
course of study, no time shall be deemed to have elapsed between July
1, 2007, and December 31, 2007.
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  (a) It is the intent of the Legislature to provide,
through the enactment of subdivision (b), for the protection of the
interests of students and institutions having any matter pending
before the Bureau for Private Postsecondary and Vocational Education
as of June 30, 2007.
   (b) Notwithstanding any other provision of law:
   (1) Each matter pending before the Bureau for Private
Postsecondary and Vocational Education as of the close of business on
June 30, 2007, shall be deemed to remain pending before the bureau
or a successor agency as of January 1, 2008, irrespective of any
applicable deadlines. With respect to any deadline applicable to a
pending matter, no time shall be deemed to have elapsed between July
1, 2007, and December 31, 2007. For the purposes of this paragraph,
"matter" includes, but is not necessarily limited to, an appeal, a
complaint, an evaluation, a hearing, or an investigation.
   (2) Any institution, program, or course of study that is approved
by the bureau as of the close of business on June 30, 2007, shall be
deemed to be approved as of January 1, 2008, irrespective of any
applicable conditions, deadlines, or additional requirements. With
respect to any deadline applicable to the approval, renewal of
approval, or conditional approval of an institution, program, or
course of study, no time shall be deemed to have elapsed between July
1, 2007, and December 31, 2007.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to provide for the protection of the interests of
students and institutions having matters pending before the Bureau
for Private Postsecondary and Vocational Education as of June 30,
2007, it is necessary that this act take effect immediately.
                                           

jcarroll17

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #2 on: April 08, 2007, 12:01:16 PM »
To the Members of the California State Assembly,
I am returning Assembly Bill 2810 without my signature. I support meaningful
protections for students of Californiaís private postsecondary and vocational institutions
which is why my Administration and the Legislature worked together to craft a
meaningful reform package this year. Unfortunately, the reform measure, SB 1473 did
not pass out of the Legislature this year.
The fundamental problems with the Private Postsecondary and Vocational Education
program have been studied extensively and well documented over the years. In 2004, I
signed SB 1544 which appropriated $150,000 to study this program and make
recommendations on how to fix it. The Bureauís Operations and Administrative
Monitor, issued an exhaustive report in September 2005, stating that the statutes were
fundamentally flawed and without complete statutory reform the program would destined
for failure. AB 2810 does nothing to address the numerous deficiencies and merely calls
for yet another study. How many studies will it take and how many tax dollars must be
spent to recognize that this program is not working because of the fundamental flaws in
the statutes that govern the program?
Simply extending the existing governing statute until July 1, 2008, as AB 2810 proposes,
does nothing to enhance protections for students, allows problems that have been well
documented to continue to exist and merely allows mediocrity for Californiaís students. I
would like to see a proposal with the necessary reforms, and I will be releasing a preprint
version of legislation shortly that provides for comprehensive reform. I want to work
with the Legislature to pass legislation early next year so that our students will have the
protections they deserve.
For these reasons, I am unable to sign this measure.
Sincerely,
Arnold Schwarzenegger

=================================================

BILL NUMBER: SB 823   INTRODUCED
   BILL TEXT


INTRODUCED BY   Senator Perata

                        FEBRUARY 23, 2007

   An act to amend Sections 94808, 94809, 94854, and 94952 of, and to
amend and renumber Section 94723 of, the Education Code, relating to
private postsecondary education.


   LEGISLATIVE COUNSEL'S DIGEST


   SB 823, as introduced, Perata. Private postsecondary education.
   (1) The Private Postsecondary and Vocational Education Reform Act
of 1989 generally sets minimum standards of instructional quality,
ethical and business practices, health and safety, and fiscal
responsibility for private postsecondary and vocational educational
institutions, as defined. The act establishes in the Department of
Consumer Affairs the Bureau for Private Postsecondary and Vocational
Education, which, among other things, is required to review and
investigate all institutions, programs, and courses of instruction
approved under the act.
   The act establishes the Private Postsecondary and Vocational
Education Administration Fund and the continuously appropriated
Student Tuition Recovery Fund. The act specifies that certain
violations of its provisions are subject to civil penalties and that
certain willful violations of the act are punishable as crimes. The
act includes provisions defining numerous terms for the purposes of
the act.
   This bill would recast and revise the provision that defines
"correspondence school" or "home study school" for the purposes of
the act, and would replace those terms with "distance learning
school," as defined.
   (2) The act requires each institution that is approved to operate
under its provisions to report to the bureau specified information
about its educational programs.
   This bill would require these institutions to submit these reports
in specified electronic formats. The bill would further require
these reports to contain additional specified information relating to
students attending the institutions.
   (3) The act requires certain institutions approved to operate
under its provisions to submit specified information regarding the
placement of their students in employment.
   This bill would revise the definition of "employment" for these
purposes to specify that certain hourly minimums in that definition
apply to full-time or part-time employment with a single employer.
   (4) The act authorizes the Attorney General, or any district
attorney or city attorney, to make investigations to carry out its
provisions.
   This bill would authorize these officials to obtain from the
bureau, without charge, any documents related to an institution that
may be useful to an investigation of that institution.
   (5) A provision of the act provides for it to become inoperative
on July 1, 2007, and provides for its repeal on January 1, 2008.
   The bill would declare that it would not become operative unless
and until another statute amending this provision to change the date
of the repeal of the Private Postsecondary and Vocational Education
Reform Act of 1989 to a date that is after January 1, 2008, is
chaptered and becomes operative.
   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 94723 of the Education Code is amended and
renumbered to read:
    94723.   94728.7.   
"Correspondence school" or "home study  "Distance
learning  school" means any institution that provides
correspondence  lessons for study and completion by a
student at a location separate from the institution,  whether by
correspondence or the Internet or other   electronic means,
 including those institutions which offer that instruction
 by correspondence  in combination with in-residence
instruction.
  SEC. 2.  Section 94808 of the Education Code is amended to read:
   94808.  (a) Each institution approved to operate under this
chapter shall  be required to  report to the bureau,
by July 1 of each year, or another date designated by the bureau,
the following information for educational programs offered in the
prior fiscal year:
   (1) The total number of students enrolled, by level of degree or
type of diploma program.
   (2) The number of degrees and diplomas awarded, by level of
degree.
   (3) The degree levels offered.
   (4) Program completion rates.
   (5) The schedule of tuition and fees required for each term,
program, course of instruction, or degree offered.
   (6) Financial information demonstrating compliance with
subdivisions (b) and (c) of Section 94804 and subdivisions (b) and
(c) of Section 94855, if applicable.
   (7) Institutions having a probationary or conditional status shall
submit an annual report reviewing their progress in meeting the
standards required for approval status.
   (8) A statement indicating whether the institution is or is not
current on its payments to the Student Tuition Recovery Fund.
   (9) A log of all written student complaints received and their
disposition. 
 

jcarroll17

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #3 on: April 08, 2007, 12:01:51 PM »
 (10) A log of all arbitrations or actions filed against the school
and their disposition, including, the monetary amount of any
settlement and any injunctive or other equitable relief provided by
the disposition. On request of the bureau, the documents constituting
any disposition of that matter shall be made available to the
bureau. 
   (9)
    (11)  Any additional information that the
council   bureau  may prescribe.
    (b) The information required to be reported by subdivision (a)
shall be provided in two electronic formats, one of which may be in a
form that cannot be changed, such as in a portable document format
(pdf.) file, and one of which shall be in a searchable modifiable
electronic format to be specified by the bureau, or if none is
specified, in a commonly available spreadsheet program with any
necessary narrative provided in a commonly available word processing
program. 
   (b)
    (c)  Colleges and universities operating under paragraph
(6) of subdivision (b) of Section 94739 shall comply with the
reporting requirements of paragraphs (1), (2), (3), and (5) of
subdivision (a).
   (c)
    (d)   (1)    Program completion rates
and placement data shall be reported in accordance with the standards
and criteria prescribed by the bureau pursuant to paragraphs (1) to
(4), inclusive, of subdivision (a) of Section 94816 and Section
94859, if applicable.  Based 
   (2) (A) The data underlying the completion rates and placement
data reported pursuant to this subdivision shall also be provided,
including the name, address, and telephone number of each student who
enrolled in a program of instruction, including each student who
canceled or withdrew before completing the program; the date upon
which the student completed the program of instruction if he or she
completed the program; for each student counted as a job placement,
the name, address, and telephone number of his or her employer, the
name, address, and telephone number of the person who provided to the
institution the information regarding the person's employment, the
name, title, or description of the job, the date upon which the
student first reported for employment, the duration of the student's
employment, the number of hours the student worked per week, the
student's starting salary, and the date or dates upon which the
institution verified employment; if any student was excluded from the
completion or placement rate calculations, a statement of the reason
or reasons each of these students was excluded; and if the student
chose not to seek employment and instead enrolled in another program
to earn a higher degree, the name and address of the institution in
which he or she enrolled, as well as the program in which he or she
enrolled. 
   (B) If the student is self-employed, the institution shall include
any documentation of self-employment, including, for example,
contracts, checks for payment, tax returns, social security
contribution records, records of accounts receivable or customer
payments, invoices for business supplies, rent receipts, appointment
book entries, business licenses, or any other information required by
the bureau that is a reliable indicator of self-employment. All of
this information shall be provided electronically in a format
prescribed by the bureau.
    (3)     Based  on the review of
information submitted to fulfill the requirements of this section,
the bureau may initiate a compliance review and may place the
institution on probation pursuant to subdivision (h) of Section 94901
and subdivision (i) of Section 94915, and may require evidence of
financial stability and responsibility pursuant to Sections 94804 and
94855, if applicable.
  SEC. 3.  Section 94809 of the Education Code is amended to read:
   94809.  Each institution approved under this chapter shall provide
the  council   bureau  with copies of all
accrediting agency reports, including preliminary reports and reports
of visiting committees, all audit reports prepared by the United
States Department of Education and student loan guaranty agencies,
including all preliminary reports, and the institution's written
responses to the reports described in this section, if applicable.
The institution shall provide a copy of each report within 15 days of
the institution's receipt of the report and a copy of the
institution's response within 15 days of the institution's submission
of its response.  By a general announcement on its Internet Web
site, the bureau may authorize or require these copies to be provided
electronically or in paper versions. Any documents prov 
ided electronically under this section shall be indexed, with each
separate document that makes up the report or response provided as a
separate file.
  SEC. 4.  Section 94854 of the Education Code is amended to read:
   94854.  (a) Every institution shall meet all of the following
performance standards for each program offered during the applicable
time period described in subdivision ():
   (1) Sixty percent or more of the students who began the program,
did not cancel pursuant to Section 94867, 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
program 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, "program" or "program of
instruction" or "course" or "course of instruction" includes all
courses of instruction, however denominated, that are represented to
lead to the same or closely related occupations or job titles.
   

jcarroll17

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #4 on: April 08, 2007, 12:02:06 PM »
(b) Every institution shall meet all of the following performance
standards for all programs in the aggregate offered by the
institution at each of its campuses during the applicable time period
described in subdivision ():
   (1) Sixty percent or more of all the students who began the
programs did not cancel pursuant to Section 94867, and were
originally scheduled at the time of enrollment to complete these
programs during that time period, shall complete these programs.
   (2) Seventy percent or more of all the students who completed the
programs within that time period shall obtain employment, starting
within six months after completing the programs, in the occupations
or job titles to which the programs of instruction were represented
to lead.
   (c) For the purposes of subdivisions (a) and (b), students who, as
documented by the institution, have been prevented from completing
the program or programs 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. Except as
provided in Section 94874, an institution shall not disclose the
records maintained pursuant to this subdivision unless production of
those records are required by any law, subpoena, or court order, or
are necessary for a certified public accountant to prepare a
compliance report pursuant to subdivision (g) of Section 94870.
   (d) An institution shall meet the standards prescribed in
subdivisions (a) and (b) at each site at which the program or
programs are offered. A determination of whether a particular site
meets the standards prescribed in subdivisions (a) and (b) shall be
based only on students who attended that site. An institution shall
be subject to subdivisions (f) and (g) only with respect to its sites
that fail to meet the standards prescribed in subdivisions (a) and
(b).
   (e) (1) This subdivision applies only to institutions in which 15
or fewer students began a program or programs, did not cancel
pursuant to Section 94867, and were originally scheduled to complete
the program or programs within the applicable time period described
in subdivision ().
   (2) If an institution described in paragraph (1) fails to meet any
of the standards prescribed in subdivision (a) or (b), but would
have met that standard if one additional student had completed or
obtained employment, the institution shall be deemed to comply with
this section. If an institution described in paragraph (1) fails to
meet the standard for review established in subdivision (f), but
would have met the standard if one additional student had completed
or obtained employment, the institution shall be deemed subject to
subdivision (f).
   (f) (1) This subdivision applies only to an institution or any
site that fails to meet any of the following:
   (A) Any of the standards established in subdivision (a) or (b) by
10 percent or less.
   (B) Any of the standards established in subdivision (a), but has a
placement rate of 42 percent or more for the course in which the
standard was failed.
   (C) Any of the standards established in subdivision (b), but has a
placement rate of 42 percent or more for all courses in the
aggregate.
   (2) If the institution's failure to meet the standards prescribed
in subdivision (a) or (b) was not caused by a violation of this
chapter, the  council   bureau  shall
order, after notice and, if requested, after a hearing, that the
institution implement a program to achieve compliance with
subdivisions (a) and (b). The program may include any of the
following:
   (A) Limitations on enrollment for specific courses of instruction.

   (B) Revision of admission policies and screening practices to
ensure that students have a reasonable expectation of completing
courses and obtaining employment.
   (C) Increased academic counseling and other student support
services.
   (D) Improved curricula, facilities, and equipment.
   (E) Revisions to the qualifications and number of faculty.
   (F) Improved job placement services, including revisions to the
qualifications and number of job placement personnel and the
expansion of contacts with employees and state and federal employment
development agencies.
   (G) Submission of a compliance report prepared by a certified
public accountant, who is not an officer, director, shareholder, or
employee of the institution, any parent corporation or any
subsidiary, prepared pursuant to an attestation engagement in
accordance with the Statements on Standards for Attestation
Engagements of the American Institute of Certified Public Accounts,
which states that the institution has complied with the performance
standards in this section within the period set forth in paragraph
(4).
   (H) Any other reasonable procedure required by the
council   bureau  .
   (3) If an institution is subject to an order pursuant to paragraph
(2), the  council   bureau  may require
that the institution file information or reports requested by the
 council   bureau  . The  council
  bureau  may also monitor the institution in the
manner provided in subdivision (d) of Section 94878.
   (4) (A) An institution subject to an order pursuant to paragraph
(2) shall satisfy the standards established in subdivisions (a) and
(b) within the period designated by the  council
 bureau  . This period shall not extend more than one year
beyond the length of the program for noncompliance with the standards
prescribed by subdivision (a) or more than one year beyond the
longest program for noncompliance with the standards prescribed in
subdivision (b).
   (B) If the institution fails to satisfy the standards of
subdivision (a) within the period designated by the  council
  bureau  , the  council 
bureau  shall order the institution to cease offering the course
of instruction at the campus where that program was offered. If the
institution fails to satisfy the standards of subdivision (b) within
the period designated by the  council   bureau
 , the  council   bureau  shall revoke
the institution's approval to operate, or approval to operate the
branch or satellite campus where the programs were offered. No action
shall be taken pursuant to this paragraph without notice, and, if
requested by the institution, a hearing. In taking action pursuant to
this subparagraph, the bureau shall consider the impact, if any, of
changes in the employment rate in the area served by this
institution.
   (g) If an institution fails to meet any of the standards
established in subdivision (a) and does not have a placement rate of
42 percent or more for the program in which the standard was failed,
the  council   bureau  shall order the
institution to cease offering the program of instruction at the
campus where the course was offered. If the institution fails to meet
any of the standards prescribed in subdivision (b) and does not have
a placement rate of 42 percent or more for all programs in the
aggregate, the  council   bureau  shall
revoke the institution's approval to operate, or approval to operate
the branch or satellite campus where the programs were offered. No
action shall be taken pursuant to this subdivision without notice
and, if requested by the institution, a hearing.
   (h) (1) The institution shall have the burden of proving its
compliance with this section.
   (2) The  council   bureau  shall
investigate the institution whenever the  council
 bureau  deems appropriate to verify the institution's
compliance with this section. The investigation shall include an
examination of the records maintained by the institution pursuant to
subdivision (j) and contacts with the students and employers.
                   

jcarroll17

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #5 on: April 08, 2007, 12:02:25 PM »
   (3) If an institution willfully falsifies, alters, destroys,
conceals, or provides untrue or misleading information relating to
compliance with this section, including records maintained pursuant
to subdivision (j), the  council   bureau
shall revoke the institution's approval to operate. No action shall
be taken pursuant to this paragraph 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.
   (4) The institution shall pay all reasonable costs and expenses
incurred by the  council   bureau  in
connection with this section at a time designated by the
council   bureau  .
   (i) If the council   bureau  , pursuant
to subdivision (f) or (g), orders an institution to cease offering a
program of instruction or revokes the approval of an institution to
operate or operate a branch or satellite campus, the institution may
apply, no sooner than two years after the order to cease or the
revocation became effective, for approval to offer that program or
for approval to operate. Before the  council 
bureau  may grant any approval, the institution shall establish
that it complies with this chapter, each program satisfies all of the
minimum standards prescribed by this chapter, and the circumstances
surrounding the institution's failure to meet the requirements of
this section have sufficiently changed so that the institution will
be substantially likely to comply with this section.
   (j) An institution shall maintain records of the name, address,
and telephone number of students who enroll in a program of
instruction, including students who begin the program and students
who cancel pursuant to Section 94867, and of students who graduate
from that program of instruction. An institution shall inquire
whether students who complete a program of instruction obtain
employment starting within six months of completing the program in
the occupation to which the program of instruction is represented to
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; the duration of the
student's employment; information concerning whether the student was
employed full-time or part-time including the number of hours worked
per week; and the names, addresses, and telephone numbers of students
who choose not to seek employment and instead enroll in another
program to earn a higher degree, as well as the name and address of
the institution in which they enroll. If the student is
self-employed, the list shall include reliable indices of
self-employment such as contracts, checks for payment, tax returns,
social security contribution records, records of accounts receivable
or customer payments, invoices for business supplies, rent receipts,
appointment book entries, business license, or any other information
required by the bureau that is a reliable indicator of
self-employment.
   (k) For the purposes of this section, the following definitions
shall apply:
   (1) "Annual report" means the report required to be filed pursuant
to Section 94861.
   (2) (A) "Employment" means either of the following:
   (i) Full-time employment  with a single employer  for at
least 32 hours per week for a period of at least 60 days in the
occupations or job titles to which the program of instruction is
represented to lead.
   (ii) Part-time employment  with a single employer  for at
least 17.5 hours, but less than 32 hours, per week for a period of
at least 60 days in the occupations or job titles to which the
program of instruction is represented to lead, provided  that
 the student completes a handwritten statement at the beginning
of the program and at the end of the program which states that the
student's educational objective is part-time employment. The
institution shall not require that any student complete such a
statement or provide any incentive, financial or otherwise, to any
student for signing such a statement.
   (B) The bureau shall adopt regulations to specify the job tasks,
other than those directly related to generating income, which may be
counted towards meeting the hour requirements for full-time and
part-time employment for students who are self employed.
   (3) "Hearing" means a hearing pursuant to the requirements of
either Section 94965 or 94975.
   (4) "Placement rate" means the percentage of students who
fulfilled the provisions of the following two subparagraphs:
   (A) Began the program, did not cancel pursuant to Section 94867,
and were originally scheduled at the time of enrollment to complete
the program during the applicable time period described in
subdivision (l).
   (B) Completed the program, within the applicable time period
described in subdivision (l) and started employment within six months
of completing the program or, if employment requires taking a state
licensure examination for which only graduates of the program may
apply, then (i) started employment within six months of the date on
which the state licensing agency announces the results of the first
licensure examination reasonably available to students who completed
the program, or (ii) started employment within six months of the next
reasonably available licensure examination date for any student who
did not receive passing results on the first exam. The time period
determined pursuant to this subparagraph shall not exceed 10 months
beyond the date of completion of the program of instruction. The
institution shall retain a record of the date of the first reasonably
available licensure exam following the completion date of each
student, the date the licensure agency announces the results of the
first reasonably available licensure exam, and the date of the next
reasonably available licensure exam for each student who did not pass
the first exam.
   (5) "Reporting period" means the institution's fiscal year or any
year period designated by the  council   bureau
 to be covered in the institution's annual report.
   

jcarroll17

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #6 on: April 08, 2007, 12:02:33 PM »
(6) "Time period" means the two most recent calendar years that
ended at least eight months before the end of the institution's
applicable reporting period.
   (l) (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 each annual report.
   (3) The  council   bureau  may adjust
the meaning of "time period" if the  council 
bureau  finds that an adjustment is necessary for the efficient
administration of this section. If any adjustment is made in the
annual reporting periods, the  council   bureau
 may adjust when the time period commences  ,  but
shall not alter the two-year length of the period.
   (m) In determining the placement rate for a particular time period
as described in subdivision (l), an institution may exclude from the
determination a student whose completion date was extended beyond
that time period if the extension was requested by the student in
writing on an enrollment agreement modification request form that
meets specifications established by the  council
 bureau  . The form shall include instructions to the
student indicating that, when signed by both the student and the
institution, the request modifies the existing agreement. The form
shall not be valid unless it provides space for the student to
complete a handwritten description, in the student's handwriting, of
the reasons necessitating the extension that are distinctly personal
to the student and unrelated to the provision of educational services
or activities of the institution, contains the new expected
completion date of the program, and is signed and dated by the
student and the institution. The institution shall provide the
student a copy of the signed modification request form. The
institution shall retain the student's original written request to
modify the enrollment agreement with the original enrollment
agreement. A student excluded from the placement rate determination
for a particular time period pursuant to this subdivision shall be
included in the placement rate determination for the next immediately
following time period. The institution shall state in the
institution's annual report the number of students for whom an
extension was granted.
   (n) In determining the placement rate for a particular time period
as described in subdivision (l), an institution may exclude from the
calculation a student who either:
   (1) Decides not to obtain employment and within six months of
completing the program enrolls in a program to continue his or her
education to obtain a higher level degree that is related to, or
provides for the student to use, the same skills or knowledge
obtained in the program the student completed.
   (2) Is in possession at the completion of the program of a valid
United States Immigration and Naturalization Service Form I-20.
   (o) In determining the placement rate for a particular time period
as described in subdivision (), an institution may count a student
who drops out of the program after completing at least 75 percent of
the program because the student has obtained employment which lasts
for a period of at least 60 days in the occupations or job titles to
which the program of instruction is represented to lead. No more than
10 percent of the institution's total number of placed students may
be counted pursuant to this subdivision.
   (p) If an order to cease offering a program or a revocation is
issued pursuant to this section, the  council 
bureau  may permit the institution to continue to offer the
program or programs 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.
  SEC. 5.  Section 94952 of the Education Code is amended to read:
   94952.  (a) The Attorney General, or any district attorney, or
city attorney, may make investigations as may be necessary to carry
out this chapter, including, but not necessarily limited to,
investigations of complaints  , and may obtain from the bureau,
without charge, any document related to an institution that may be
useful to an investigation of that institution  . The bureau may
jointly bring actions as necessary to enforce this chapter,
including, but not necessarily limited to, civil actions for
injunctive relief. In actions brought pursuant to this
                           subdivision, the bureau shall be
represented by the Attorney General.
   (b) The Attorney General shall represent the bureau in the
following administrative proceedings arising under this chapter:
   (1) Suspension or revocation of an institution's approval.
   (2) Denial of an institution's application for approval.
   (3) An appeal of a conditional approval to operate issued
following a review of an institution's application for approval.
   (c) Nothing in this section or this chapter shall preclude the
Attorney General, or any district attorney or city attorney, from any
of the following:
   (1) Bringing any action on behalf of the people as he or she is
empowered by law to bring, including, but not necessarily 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 necessary to determine whether there
have been violations of law specified in paragraph (1).
   (3) Conducting any investigations that he or she is authorized to
conduct, including, but not necessarily limited to, investigations
authorized under Section 11180 of the Government Code.
   (4) In the case of the Attorney General, delegating his or her
representation authority under subdivision (b) to staff attorneys of
the bureau.
   (5) Entering into an agreement or understanding with the bureau
with respect to representation in any judicial or administrative
proceeding not expressly enumerated herein.
  SEC. 6.  This act shall not become operative unless and until an
act amending Section 94999 of the Education Code to change the date
of the repeal of the Private Postsecondary and Vocational Education
Reform Act of 1989 to a date that is after January 1, 2008, is
chaptered and becomes operative.           

jcarroll17

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #7 on: April 08, 2007, 12:03:32 PM »
anyone care to guess what this will mean for DL law schools??   :(

plex

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Re: MUST READ FOR DISTANCE SCHOOLS IN CALIFORNIA
« Reply #8 on: April 08, 2007, 01:39:39 PM »
It means, if the bill doesn't pass, and the act is re-instated, distance learning will lose state accreditation. There will be no more online JD degree's in California in other words.