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 also establishes the Student Tuition Recovery Fund and requires the bureau to adopt regulations governing the administration and maintenance of the fund, including requirements relating to assessments on students and student claims against the fund, and establishes that the moneys in this fund are continuously appropriated to the bureau for specified purposes. The act authorizes a California student of a Corinthian Colleges, Inc., institution who meets all of the other eligibility requirements, including that the student was enrolled as of June 20, 2014, or withdrew within 120 days of that date, to receive payment from the fund. The act defines economic loss, for the purposes of a student's loss that may be relieved or mitigated through the fund, to include but not necessarily be limited to, pecuniary loss, which is the sum of the student's tuition, all other institutional charges, the cost of equipment and materials required for the educational program, and interest on any student loan used to pay for such charges. This bill would instead allow a California student of a Corinthian Colleges, Inc., institution who was residing in California and attending a campus on or after January 1, 2010, and who would be eligible but for the Corinthian College's exemption from the act, or a student of a Corinthian College who was enrolled as of June 20, 2014, or withdrew within 120 days of that date, as specified, to receive payment from the fund. The bill would expand the definition of economic loss to include all cash or other consideration paid by the student to an institution, all expenses related to private or government student loans in connection with the student's attendance, and all third-party payments paid to the student or to the institution in connection with the student's attendance at the institution, as specified. To the extent that the bill expands the purposes of the fund, the bill would make an appropriation.
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Existing law establishes the University of California, under the administration of the Regents of the University of California, and the California State University, under the administration of the Board of Trustees of the California State University, as 2 of the segments of public postsecondary education in the state. The Donahoe Higher Education Act sets forth the missions and functions of the segments of postsecondary education in this state. Provisions of the act apply to the University of California only to the extent that the regents act, by appropriate resolution, to make those provisions applicable. Commencing with admissions for the 2020–21 academic year, this bill would prohibit a campus of the California State University and, if adopted by the regents by appropriate resolution, the University of California from admitting an applicant by admission by exception, as defined, unless the admission by exception has been approved, prior to the student's enrollment, by at least 3 senior campus administrators, the applicant is a California resident who is receiving an institution-based scholarship to attend the campus, or the applicant is accepted by an educational opportunity program for admission to the campus. Commencing with admissions for the 2020–21 academic year, the bill would establish requirements pertaining to admission by exception at a campus of the California State University and, if adopted by the regents by appropriate resolution, a campus of the University of California, as specified.
(1) Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary schools in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. This bill would require an institution subject to the act to collect and retain for each graduate completing a program at that institution on or after January 1, 2020, individual identifying information, the program the graduate was enrolled in, and specified student loan debt information. The bill would require the institution to report that information to the bureau annually according to a schedule and format determined by the bureau. The bill would require the bureau to match the data reported by institutions pursuant to this provision with wage data from the Employment Development Department, as specified. The bill would require this data to be reported to the Employment Development Department to fulfill specified requirements of the federal Workforce Innovation and Opportunity Act. The bill would require the bureau to make available on its internet website certain program-level and institution-level statistics regarding the earnings levels of students and student debt burdens. The bill would require the labor market outcome data reported under the bill to, at a minimum, provide data relating to graduates at 2 years and at 5 years after their graduation. The provisions related to reporting, matching, and internet posting would not be operative until the Director of Consumer Affairs certifies that the bureau's information technology system has been updated and is capable of processing data as required by this bill. The bill would require the bureau to notify institutions subject to the act when this certification has occurred, and would require institutions to comply with the bill's provisions within 120 days from the date they receive this notification. (2) Existing law requires the Director of Employment Development to permit the bureau to access relevant quarterly wage data, as necessary, for the bureau's evaluation and reporting of program performance outcomes as required and permitted by various state and federal laws, including the federal Workforce Innovation and Opportunity Act of 2014. Existing law makes a person who knowingly accesses, uses, or discloses this confidential information without authorization guilty of a misdemeanor. This bill would permit the bureau to access and use any relevant quarterly wage data necessary for the labor market outcome reporting data match requirement described above. The bill would specify that this data would be provided to the extent permitted by state and federal law and regulations. By providing this information to the bureau, the bill would expand the crime related to unauthorized access, use, or disclosure of this information, thereby imposing a state-mandated local program. (3) This bill would incorporate additional changes to Section 1095 of the Unemployment Insurance Code proposed by AB 593 and AB 1296 to be operative only if this bill and either AB 593 or AB 1296, or both, are enacted and this bill is enacted last. (4) 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.
Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to accomplish specified policy goals and to waive some or all of the fees for 2 academic years for certain first-time students who are enrolled in 12 or more semester units or the equivalent at the college and complete and submit either a Free Application for Federal Student Aid (FAFSA) or a California Dream Act application. This bill would make ineligible for the fee waiver a community college student who has previously earned a degree or certificate from a postsecondary educational institution. The bill would authorize an institution to deem as full time, for the purposes of eligibility for a fee waiver, specified students who are not enrolled in 12 or more semester units. The bill would require the chancellor's office to submit a report to the Legislature on or before July 1, 2024, evaluating the use of funding for the California College Promise to waive student fees, with specified content.
Existing law, the California Private Postsecondary Education Act of 2009, provides 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 requires an out-of-state private postsecondary educational institution to comply with specified requirements, including providing the bureau evidence of the institution's accreditation, evidence that the institution is approved to operate in the state where the institution maintains its main administrative location, the agent for service of process, and a copy of the institution's catalog and sample agreement. Under existing law registration with the bureau is valid for 2 years. Existing law repeals the act on January 1, 2021. If the operation of the act is extended by another measure, this bill would, effective July 1, 2022, specify additional duties under the act. In particular, the bill would require an out-of-state private postsecondary educational institution to provide the bureau with specified information regarding whether or not the institution, or a controlling officer of, or a controlling interest or controlling investor in, the institution, or in the parent entity of the institution, has been subject to certain adverse state or federal actions in the previous 5 years before seeking authorization to operate in California, and with any additional documentation the bureau deems necessary for consideration in the registration process. The bill would require an institution that is registered with the bureau and enrolls any student residing in California to notify the bureau of any of specified indicators of potential suspect activities of the institution or a controlling officer of, or a controlling interest or controlling investor in, the institution or in the parent entity of the institution, and would authorize the bureau to determine, within 30 days of receipt of the notification, whether the institution should be permitted to continue to enroll California residents. The bill would authorize the bureau, in its discretion, to limit enrollments, permitting the institution to enroll California residents pending the completion of a review by the bureau. The bill would authorize an institution to seek review of a bureau decision through a writ of mandate action. The bill would require the bureau to adopt through emergency regulations an updated registration form. The bill would require the bureau to disclose on its internet website a list of registered institutions and disclose a designated email address for a California resident to send a complaint to the bureau about an institution. Existing law 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.
Existing law establishes the California State University under the administration of the Trustees of the California State University, the University of California under the administration of the Regents of the University of California, and independent institutions of higher education as 3 of the segments of postsecondary education in the state. Existing law, the Cal Grant Program, establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying postsecondary educational institutions. Existing law requires each participating postsecondary educational institution to annually report specified information regarding its undergraduate programs in order to be a qualifying institution. This bill would require, on or before June 30, 2020, and on or before June 30 of every year thereafter through 2024, the trustees, the regents, and the appropriate governing bodies of each independent institution of higher education that is a qualifying institution as defined under the Cal Grant Program to report to the appropriate budget subcommittees and policy committees of the Legislature whether their respective institutions provide any manner of preferential treatment in admission to applicants on the basis of their relationships to donors or alumni of the institution. If the institution provides such preferential treatment, the bill would require the institution to also report specified admissions and enrollment information regarding these applicants for the academic year commencing in the previous calendar year.
(1) The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law generally requires a petition to establish a charter school to be submitted to the governing board of a school district, and, under specified circumstances, authorizes a petition to be submitted to and approved by a county board of education or the State Board of Education. Existing law authorizes a county board of education to approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. Existing law also authorizes a petition for the operation of a state charter school to be submitted directly to the state board, and authorizes the state board to approve a charter for the operation of a state charter school that may operate at multiple sites throughout the state. Existing law prohibits the governing board of a school district from denying a petition to establish a charter school unless it makes written factual findings in support of one or more specific findings. Existing law authorizes a charter school to appeal a school district's decision to deny a petition for a charter to the county board of education and, if the county board of education upholds the decision, to appeal the county board of education's decision to the state board. Existing law authorizes a charter to be granted by a chartering authority under designated provisions for a period not to exceed 5 years. Existing law requires that charter renewals are for periods of 5 years. This bill would revise and recast numerous provisions relating to the submission of petitions to establish charter schools, the appeal to county boards of education and to the state board of decisions of the governing boards of school districts to deny approval or renewal of charter schools, and the revocation of charters by chartering authorities. The bill would specify criteria and procedures for the consideration and determination of these issues. The bill would require that a petition to establish a charter school be submitted only to the governing board of the school district or county office of education within the boundaries of which the charter school proposes to locate. The bill would authorize a chartering authority to deny renewal of a charter school upon a finding that the school is demonstrably unlikely to successfully implement the program set forth in the petition due to substantial fiscal or governance factors, or is not serving all pupils who wish to attend, as specified. The bill would prohibit, from January 1, 2020, to January 1, 2022, inclusive, the approval of a petition for the establishment of a new charter school offering nonclassroom-based instruction and funded as specified. (2) Existing law requires teachers in charter schools to hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to what a teacher in other public schools would be required to hold. This bill would instead require teachers in charter schools to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher's certificated assignment, except that a person employed as a teacher in a charter school during the 2019–20 school year would have until July 1, 2025, to obtain that certificate, permit, or other document. The bill would require all teachers in charter schools to satisfy specified requirements for professional fitness by July 1, 2020. The bill would require the commission, by June 30, 2022, to conduct a comprehensive study to examine whether existing certificates, permits, or other documents adequately address the needs for noncore, noncollege preparatory courses in all schools and, if necessary, to make recommendations to appropriate policy committees of the Legislature. The bill would require the State Department of Education, in consultation with the State Board of Education, to collect data to track the implementation of the changes in law enacted by the bill. (3) This bill would prohibit certain provisions of the Education Code from being waived by the State Board of Education. The bill, except for the provisions (A) relating to prohibition of the approval of a petition for the establishment of certain new charter schools between January 1, 2020, and January 1, 2022, as described above, and (B) relating to the reimbursement of state-mandated costs, would become operative on July 1, 2020. The bill would also make conforming and nonsubstantive changes. To the extent the bill would impose additional requirements on local educational agencies and charter schools, the bill would impose a state-mandated local program. (4) This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1507 and AB 1595, to be operative only if this bill and AB 1507 or AB 1595, or both, are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1595, to be operative only if this bill and AB 1595 are enacted and this bill is enacted last. (6) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law authorizes a charter school that is unable to locate within the jurisdiction or geographic boundaries of the chartering school district to establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district where the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools is notified of the location of the charter school before it commences operations, and either the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the school chooses to locate, or the site is needed for temporary use during a construction or expansion project. This bill would delete the authority of a charter school to locate outside the jurisdiction or geographic boundaries of the chartering school district because the charter school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the charter school chooses to locate, or the site is needed for temporary use during a construction or expansion project. The bill would authorize a charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, to continue to operate that site until the charter school submits a request for the renewal of its charter petition, and would authorize a charter school to continue operating that site if the charter school either, before submitting the request for the renewal of the charter petition, first obtains written approval from the school district where the site is operating, or submits a request for the renewal of the charter petition, as specified, to the school district in which the charter school is located. The bill would authorize a charter school to relocate for not more than 5 years a site located within an area subject to a Presidential declaration of a major disaster or emergency, issued in accordance with federal law, to an area outside the area subject to the Presidential declaration, as specified. The bill would require a charter school to be allowed to return to its original campus location in perpetuity if that charter school was relocated from December 31, 2016, through December 31, 2019, due to a Presidential declaration of a major disaster or emergency in accordance with federal law. The bill would exempt from the above-described charter school location provisions a charter school located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe. The bill would require the State Department of Education to regard a charter school approved pursuant to the above-described provisions as a continuing charter school for all purposes. (2) Existing law authorizes a charter school to establish a resource center, meeting space, or other satellite facility located in a county adjacent to the county in which the charter school is authorized if specified conditions are met. This bill instead would authorize a charter school to establish one resource center, meeting space, or other satellite facility within the jurisdiction of the school district where the charter school is physically located if specified conditions are met, except as specified. The bill would require a charter school to notify the charter school's chartering authority of the name and physical location of any resource center, meeting space, or satellite facility operated by the charter school. The bill would prohibit the State Board of Education from waiving those restrictions on the establishment of a resource center, meeting space, or satellite facility. This bill would authorize a charter school or a countywide charter school that was operating a resource center, meeting space, or other satellite facility outside the jurisdiction of the school district or county, respectively, where the charter school is physically located before January 1, 2020, to continue to operate that resource center, meeting space, or other satellite facility until the charter school submits a request for the renewal of its charter petition, and would authorize a charter school to continue operating that resource center, meeting space, or other satellite facility if, before submitting the request for the renewal of the charter petition, the charter school first obtains written approval from the school district or the county office of education, as appropriate, where the resource center, meeting space, or other satellite facility is operating. The bill would authorize a charter school to relocate for not more than 5 years a resource center, meeting space, or other satellite facility located within an area subject to a Presidential declaration of a major disaster or emergency, issued in accordance with federal law, to an area outside the area subject to the Presidential declaration, as specified. The bill would authorize a charter school to establish additional resource centers, meetings spaces, or other satellite facilities within the jurisdiction of the charter school's chartering authority if specified conditions are met. The bill would require the department to regard as a continuing charter school for all purposes a nonclassroom-based charter school that meets specified requirements. This bill would make a conforming change. (3) This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1505 and AB 1595, to be operative only if this bill and AB 1505 or AB 1595, or both, are enacted and this bill is enacted last.
Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under the act, a physician and surgeon is required to demonstrate satisfaction of continuing education requirements, including cultural and linguistic competency in the practice of medicine, as specified. This bill, by January 1, 2022, would require all continuing education courses for a physician and surgeon to contain curriculum that includes specified instruction in the understanding of implicit bias in medical treatment. The bill, by January 1, 2022, would require associations that accredit these continuing education courses to develop standards to comply with these provisions. Existing law, the Nursing Practice Act, regulates the practice of nursing by the Board of Registered Nursing. The act requires persons licensed by the board to complete specified courses of instruction, including instruction regarding alcoholism and substance dependency and spousal abuse. This bill would require the Board of Registered Nursing, by January 1, 2022, to adopt regulations requiring all continuing education courses for its licensees to contain curriculum that includes specified instruction in the understanding of implicit bias in treatment. Beginning January 1, 2023, the bill would require continuing education providers to comply with these provisions and would require the board to audit education providers for compliance with these provisions, as specified. Existing law, the Physician Assistant Practice Act, authorizes the Physician Assistant Board to require a licensee to complete not more than 50 hours of continuing education every two years as a condition of license renewal. This bill would require the Physician Assistant Board, by January 1, 2022, to adopt regulations requiring all continuing education courses for its licensees to contain curriculum that includes specified instruction in the understanding of implicit bias in treatment. Beginning January 1, 2023, the bill would require continuing education providers to comply with these provisions and would require the board to audit continuing education providers for compliance with these provisions.
Existing law, the Financial Institutions Law, regulates the activities of various financial entities, including commercial banks, industrial banks, trust companies, credit unions, and savings associations. The Banking Law defines and regulates state banks and commits the enforcement of banking laws to the Commissioner of Business Oversight. Existing law prohibits a county from giving or loaning its credit to, or in aid of, any person or corporation. Existing law requires a local agency, as defined, to deposit all money belonging to, or in the custody of, that local agency into specified state or national banks, as defined. Existing law regulates the investment of public funds by local agencies. Existing law, the Nonprofit Corporation Law, regulates the formation and conduct of a nonprofit mutual benefit corporation and a nonprofit public benefit corporation. This bill would define the term "bank" for purposes of the Financial Institutions Law and the Banking Law to include a public bank. The bill would define the term "public bank" to mean a corporation, organized as either a nonprofit mutual benefit corporation or a nonprofit public benefit corporation for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, as specified, local agencies, or a joint powers authority. The bill would require a public bank to obtain a certificate of authorization to transact business as a bank from the commissioner and to obtain and maintain insurance, subject to specified requirements. The bill would prohibit the commissioner from issuing more than 2 public bank licenses, as defined, in a calendar year and would prohibit the commissioner from authorizing more than 10 public banks at one time. The bill would require a public bank to include a specified purpose statement in its articles of incorporation and make conforming changes. The bill would require a local agency to conduct and approve, as specified, a study of the viability of a public bank containing specified elements before submitting an application to the commissioner to organize and establish a public bank and would require the local agency to include a copy of that study in the application submitted to the commissioner. The bill would require a local agency that is not a charter city to obtain voter approval of a motion to submit an application to the commissioner, as specified. The bill would authorize a county to lend its available funds to a public bank. The bill also would authorize a local agency to deposit funds in a public bank, and to invest in a public bank, subject to certain requirements. The bill would authorize a public bank to make distributions to its members. The bill would require, as specified, a public bank to conduct retail activities in partnership with local financial institutions and would prohibit a public bank from competing with local financial institutions. The Corporation Tax Law imposes a franchise tax on financial corporations, but provides that the tax is in lieu of all other state and local taxes and licenses, with certain exceptions. That law also exempts specified classes of entities from the franchise and income taxes imposed by that law, including state-chartered credit unions. This bill would additionally exempt from those franchise and income taxes any public bank. This bill would also exempt a public bank from all other state and local taxes and licenses, with certain exceptions. Existing law, the Ralph M. Brown Act, requires that all meetings of the legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. This bill would authorize the governing board of a public bank or a committee of that governing board to meet in a closed session to consider and take action on matters pertaining to a loan or investment decision, a decision of the internal audit committee, the compliance committee, or the governance committee, and a meeting with a state or federal regulator. The bill would authorize a public bank to make all information received by a shareholder, member, or owner of a public bank confidential, as specified. Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. This bill would exempt specified information and records of a public bank, and related decisions of the directors, officers, and managers of the public bank, from the disclosure requirements of the act, including, among others, records related to alternative investments of the bank, as specified, meeting materials of any closed session, a record containing information regarding a portfolio position in which the public bank invests, information related to a specific account in the bank, and specified correspondence related to meetings with, or a memorandum or letter received from, state and federal banking regulators. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.