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.