AB 48 — Private postsecondary education: California Private Postsecondary Education Act of 2009.

Summary

(1) The former Private Postsecondary and Vocational Education Reform Act of 1989, which became inoperative on July 1, 2007, and was repealed on January 1, 2008, was administered by the Bureau for Private Postsecondary and Vocational Education in the Department of Consumer Affairs. The former act generally effectuated legislative intent to ensure minimum standards of instructional quality and institutional stability in private postsecondary educational institutions and required the bureau, among other things, to review and investigate all institutions, programs, and courses of instruction approved under the act. The former act also established the Private Postsecondary and Vocational Education Administration Fund and the continuously appropriated Student Tuition Recovery Fund, both of which were repealed on July 1, 2008. The former act specified that certain violations of its provisions were subject to civil penalties and that certain willful violations of the act were punishable as crimes. This bill would recast and revise the former act as the California Private Postsecondary Education Act of 2009. The bill would establish the Bureau for Private Postsecondary Education in the Department of Consumer Affairs as a successor agency to the former bureau. The bill would appropriate the sum of $580,000 from the Private Postsecondary and Vocational Education Administration Fund to the bureau for the purpose of funding 5 education administration positions, and would continue that fund in existence and rename it as the Private Postsecondary Education Administration Fund. The bill also would continue the existence of the continuously appropriated Student Tuition Recovery Fund, would provide that certain violations of the new act are punishable as infractions, and would provide procedures for the resolution of student claims under the former act. The bill would impose reporting requirements on the bureau, the Bureau of State Audits, and the Legislative Analyst's Office regarding compliance with the act. The bill would appropriate $270,000 from the Private Postsecondary Education Administration Fund to the Bureau of State Audits to cover its costs of implementing the reporting requirements. The bill would impose various fees in connection with a private postsecondary institution's approval to operate under the act and would require those fees to be deposited in the Private Postsecondary Education Administration Fund, for expenditure, upon appropriation by the Legislature, by the bureau for the purposes of the act. The bill would exempt various institutions from most of the provisions of the act, including an exemption for an institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges and, until January 1, 2016, an institution that is accredited by a regional accrediting agency recognized by the United States Department of Education. The bill would repeal the California Private Postsecondary Education Act of 2009 on January 1, 2016. The bill would, upon the repeal of the act, continue the Student Tuition Recovery Fund in existence under the administration of the Department of Consumer Affairs and would continuously appropriate the moneys remaining in that fund to the Department of Consumer Affairs for specified purposes. Because this bill would establish new infractions, the bill would impose a state-mandated local program. (2) This bill would incorporate additional changes to Sections 27 and 146 of the Business and Professions Code proposed by SB 819, to be operative only if SB 819 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The bill also would incorporate additional changes in Sections 101 and 149 of the Business and Professions Code proposed by AB 1535 and SB 819, to be operative only if this bill and one or both of the other bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. (3) 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.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/21/09 - Enrolled pdf September 21, 2009
• Amended 09/04/09 - Amended Senate pdf September 04, 2009
• Amended 09/01/09 - Amended Senate pdf September 01, 2009
• Amended 07/23/09 - Amended Senate pdf July 23, 2009
• Amended 07/08/09 - Amended Senate pdf July 08, 2009
• Amended 06/29/09 - Amended Senate pdf June 29, 2009
• Amended 06/01/09 - Amended Assembly pdf June 01, 2009
• Amended 04/02/09 - Amended Assembly pdf April 02, 2009
• Amended 03/23/09 - Amended Assembly pdf March 23, 2009
• Introduced 12/01/08 - Introduced pdf December 01, 2008
• AB48 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 310, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 28, 2009

   Enrolled and to the Governor at 11:30 a.m.

4. September 12, 2009

   Senate amendments concurred in. To enrollment. (Ayes 44. Noes 17. Page 3397.)

5. September 12, 2009

   In Assembly. Concurrence in Senate amendments pending.

6. September 11, 2009

   Read third time, passed, and to Assembly. (Ayes 26. Noes 10. Page 2431.)

7. September 09, 2009

   Reconsideration granted. (Ayes 40. Noes 0. Page 2346.)

8. September 09, 2009

   Motion to reconsider made by Senator Negrete McLeod.

9. September 09, 2009

   Read third time, passage refused. (Ayes 18. Noes 17. Page 2346.)

10. September 08, 2009

    Read second time. To third reading.

11. September 04, 2009

    Read third time, amended. To second reading.

12. September 01, 2009

    Read second time and amended. Ordered to third reading.

13. August 31, 2009

    From committee: Amend, and do pass as amended. (Ayes 12. Noes 1.) (August 27).

14. August 17, 2009

    In committee: Placed on Appropriations suspense file.

15. July 23, 2009

    Read second time, amended, and re-referred to Com. on APPR.

16. July 23, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 15).

17. July 08, 2009

    Read second time, amended, and re-referred to Com. on ED.

18. July 07, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on ED. (Ayes 6. Noes 1.) (July 6).

19. July 06, 2009

    In committee: Hearing postponed by committee.

20. June 29, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

21. June 18, 2009

    Referred to Coms. on B., P. & E.D. and ED.

22. June 03, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

23. June 02, 2009

    Read third time, passed, and to Senate. (Ayes 70. Noes 4. Page 1944.)

24. June 02, 2009

    Read second time. To third reading.

25. June 01, 2009

    (Corrected June 2.)

26. June 01, 2009

    Read second time and amended. Ordered returned to second reading.

27. May 29, 2009

    From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (May 28).

28. May 20, 2009

    In committee: Set, first hearing. Referred to APPR. suspense file.

29. April 22, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 0.) (April 21).

30. April 13, 2009

    Re-referred to Com. on B. & P.

31. April 02, 2009

    Read second time and amended.

32. April 01, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on B. & P. (Ayes 8. Noes 0.) (March 31).

33. March 24, 2009

    Re-referred to Com. on HIGHER ED.

34. March 23, 2009

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

35. March 17, 2009

    In committee: Set, second hearing. Hearing canceled at the request of author.

36. March 03, 2009

    In committee: Set, first hearing. Hearing canceled at the request of author.

37. February 05, 2009

    Referred to Coms. on HIGHER ED. and B. & P.

38. December 02, 2008

    From printer. May be heard in committee January 1.

39. December 01, 2008

    Read first time. To print.

Sponsors

• Portantino · Primary
• Negrete McLeod · Cosponsor
• Niello · Cosponsor

Votes

Subjects