Existing law establishes the California Private Postsecondary Education Act of 2009, which, among other things, provides for student protections and regulatory oversight of private postsecondary schools in the state. The act prohibits certain types of conduct by regulated institutions, including offering to compensate a student to act as an agent of the institution for the purposes of enrollment or recruitment of students, except as specified, and compensating an employee involved in recruitment and enrollment on the basis of commission, quota, bonus, or a similar method, also with exceptions. This bill would define financial aid for the purposes of the act. The bill would prohibit an institution from providing, directly or indirectly, certain financial incentives to any person, including a student, engaged in student recruitment or admission activities, engaged in awarding financial aid directly to a student, or engaged in the sales of any educational materials directly to a student, if that financial incentive is contingent upon quotas or the success of securing enrollments, admissions, awarding financial aid to a student, or sales of educational materials directly to a student.
Sponsored bills
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. 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 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 makes certain determinations. 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.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing federal law authorizes a state to provide in its Medicaid state plan that in determining eligibility under the federal Medicaid program for a child, the state is authorized to rely on a finding made within a reasonable period from an Express Lane agency, as defined, when it determines whether a child satisfies one or more components of eligibility for medical assistance under the federal Medicaid program. Existing law establishes the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) , which is administered by the State Department of Public Health and counties and under which nutrition and other assistance are provided to eligible low-income pregnant women, low-income postpartum and lactating women, and low-income infants and children under 5 years of age, who have been determined to be at nutritional risk. Existing law requires the former Managed Risk Medical Insurance Board and former State Department of Health Services, in collaboration with program offices for the WIC Program and other designated entities, to design, promulgate, and implement policies and procedures for an automated enrollment gateway system, subject to appropriation, allowing children applying to the WIC Program to obtain presumptive eligibility for, and to facilitate application for enrollment in, the Medi-Cal program or the former Healthy Families Program, to the extent federal financial participation is available, as specified. This bill would delete the above-described provisions relating to the automated enrollment gateway system and would instead require the State Department of Health Care Services, in collaboration with the same designated entities, to design, promulgate, and implement policies and procedures for an automated enrollment pathway, designating the WIC Program and its local WIC agencies as Express Lane agencies and using WIC eligibility determinations to meet Medi-Cal eligibility requirements. The bill would require the pathway to perform specified functions to streamline Medi-Cal enrollment and maximize health care coverage. The bill would require that benefits for applicants enrolling in the Medi-Cal program using the pathway be provided immediately through accelerated enrollment for children and presumptive eligibility for pregnant women. The bill would also require the pathway to modify the existing WIC enrollment system and Medi-Cal eligibility and enrollment systems to electronically transfer to the WIC Program the Medi-Cal eligibility determinations and contact information of Medi-Cal enrollees who are eligible for the WIC Program for the purpose of local WIC agencies contacting prospective WIC enrollees to complete their enrollment in the WIC Program. The bill would, while the automated enrollment pathway is being developed, require the department, in coordination with the WIC Program and local WIC agencies to, among other things, conduct regular data matches to identify which WIC recipients are not enrolled in the Medi-Cal program and which Medi-Cal beneficiaries are eligible for, but not enrolled in, the WIC Program, and to provide specified notices about program eligibility to those persons. The bill would require the department to seek approval of any amendments to the state plan necessary to implement these provisions, and would condition their implementation on the department obtaining all necessary federal approvals. The bill would also require the department to complete the project approval lifecycle process, as specified, for the automated enrollment pathway prior to implementing these provisions. Because counties are responsible for making eligibility determinations under the Medi-Cal program, by revising eligibility requirements, 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, 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.
Existing law, the Nonprofit Public Benefit Corporation Law, establishes the requirements for the formation and operation of a nonprofit public benefit corporation and provides that a corporation is subject at all times to examination by the Attorney General. Existing law generally requires a corporation to give written notice to the Attorney General before it sells, leases, conveys, exchanges, transfers, or disposes of its assets, except as specified. Existing law provides specific procedures for health facilities and additionally requires these facilities to obtain the consent of the Attorney General prior to entering into a specified agreement or transaction. This bill would require a nonprofit corporation that operates or controls a private postsecondary educational institution to obtain the Attorney General's consent before entering into certain agreements or transactions, including an agreement or transaction to sell or convey its assets to, or to transfer control, responsibility, or governance of a material amount of its assets to, a for-profit corporation or mutual benefit corporation. The bill would require the Attorney General to consider specified factors in consenting to, giving conditional consent to, or not consenting to, the agreement or transaction, and would authorize the Attorney General to contract with experts, consultants, and state agencies, including the Bureau for Postsecondary Education, to receive advice in reviewing the agreement or transactions that are subject to the above-specified provisions. The bill would authorize the Attorney General, as a condition of approving the agreement or transaction, to transfer assets from the proceeds of the sale or transaction to the Student Tuition Recovery Fund, a continuously appropriated fund. By authorizing the deposit of additional moneys into a continuously appropriated fund, the bill would make an appropriation.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including group homes and foster family agencies, by the State Department of Social Services. Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. This bill would require the department to create a facilities liaison position within its immigration services unit to, among other duties, assist state-licensed group homes, short-term residential therapeutic programs (STRTPs) , foster family agencies, and resource families that serve undocumented immigrant youth in connecting with appropriate supports and services, including, but not limited to, legal services, mental health assessments and services, and public benefits, as specified. The bill would, when appropriate, require the facilities liaison to assist in arranging a meeting for identified unaccompanied undocumented minors with a qualified organization that has received a grant to provide legal services. The bill would require the department to develop and issue guidance to counties, licensees, and other providers regarding the provision of services to undocumented immigrant youth and their caregivers.
Existing law requires a youth sports organization, as defined to include an organization, business, nonprofit entity, or local governmental agency that sponsors or conducts amateur sports competitions, training, camps, or clubs in which persons 17 years of age or younger participate in any of 27 designated sports, if it offers an athletic program, to follow specified protocols with respect to concussions and other head injuries. This bill would delete the designation of the 27 sports from the definition of youth sports organization for purposes of this provision, thus expanding the scope of this definition to any amateur sports competitions, training, camps, or clubs in which persons 17 years of age or younger participate. The bill would add to the requirements imposed on youth sports organizations by this provision specified protocols, similar to the concussion protocols required by existing law, relating to sudden cardiac arrest prevention.
This measure would urge the President and the Congress of the United States to enact legislation to provide permanent legal status and a path to citizenship for immigrant youths and individuals with Deferred Enforced Departure and Temporary Protected Status.