Private postsecondary education: California Private Postsecondary Education Act of 2009.

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 an institution from its application if any of a list of specific criteria are met. Existing law requires an out-of-state private postsecondary educational institution to comply with specified requirements, including providing the bureau evidence of the institution's accreditation. Existing law repeals the act on January 1, 2021. If the operation of the act is extended by another measure, existing law, effective July 1, 2022, requires additional duties by an out-of-state private postsecondary educational institution. This bill would define nonprofit corporation and public institution of higher education specially for purposes of the act. The bill would specify that only an institution of higher education meeting the act's definition of nonprofit corporation or public institution of higher education is exempt from the requirements imposed on an out-of-state private postsecondary educational institution. The bill, commencing January 1, 2022, would prohibit the bureau from verifying the exemption of, or contracting to handle complaints for, a nonprofit institution that operated as a for-profit institution during any period on or after January 1, 2010, unless the Attorney General verifies specified information, and would require the Attorney General to provide written notification to the institution and the bureau of its verification within 90 days of receipt of all information the Attorney General determines is necessary for the verification. The bill, commencing January 1, 2022, would authorize appeal of actions taken by the bureau and the Attorney General to the superior court. The provisions of this bill would be implemented only if the operation of the act is extended by another measure. Under existing law, the act specifies conduct by regulated institutions that, if undertaken, is a crime. Because this bill would extend the application of those criminal provisions, it 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.