California Private Postsecondary Education Act of 2009: out-of-state public institutions of higher education.

The California Private Postsecondary Education Act of 2009 provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act applies to private entities with a physical presence in the state that offer postsecondary education, as defined in the act, to the public for an institutional charge. 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. The act is repealed by its own provisions on January 1, 2023. This bill would authorize public institutions of higher education established by a state other than the State of California to apply for an approval to operate, and obtain an approval to operate by means of its accreditation, as specified. The bill would require, upon granting an approval to operate, the bureau to regulate the public institution of higher education through the powers granted, and duties imposed, by the act, as those powers and duties apply to a private postsecondary educational institution, as if the public institution of higher education were a private postsecondary educational institution. The bill would subject, upon obtaining an approval to operate, the public institution of higher education to any provisions of, and any regulations adopted pursuant to, the act that apply to a private postsecondary educational institution, as if the public institution of higher education were a private postsecondary educational institution. The bill would authorize the bureau to adopt regulations to carry out the purposes of the bill as emergency regulations, as specified. The provisions of this bill would be implemented only if 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.