California 2021-2022 Regular Session Status: Enacted

SB 802 — Private postsecondary education: California Private Postsecondary Education Act of 2009.

Last action — Chaptered by Secretary of State. Chapter 552, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, 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, but exempts certain institutions from its application, including certain institutions that offer continuing education, which is also defined in the act, and other institutions that offer educational programs to members of a trade or fraternal organization that sponsor the educational programs. The act requires the bureau to adopt by regulation minimum operating standards for institutions that are subject to the act's provisions, including a standard that requires accreditation for degree-granting institutions. The act requires an institution to obtain bureau approval before making certain substantive changes to its operations. The act authorizes the bureau to suspend, revoke, or place on probation an institution's approval to operate for violations of the act that result in actual student harm. The act is repealed by its own provisions on January 1, 2022. This bill would revise and recast provisions of the act. The bill would revise the definition of "continuing education" to expressly exclude instruction that leads to a degree and would revise the definition of "educational program" to exclude a course of 32 hours of instruction or less that is not designed to lead to employment. The bill would change the definition of "postsecondary education" from a formal institutional educational program whose "curriculum" is designed primarily for specified students, to a formal institutional educational program whose "instruction" is designed primarily for those students. The bill would clarify that institutions cannot qualify for the trade or fraternal organization exemption by sponsoring their own educational programs. The bill would require the bureau's advisory committee to elect a chair and vice chair and adopt rules for its affairs. The bill would allow the bureau to extend the accreditation deadlines under certain conditions and would clarify the bureau's authority to suspend an institution's educational programs and to suspend, revoke, or place on probation an institution's approval to operate. The bill would expand the types of substantive changes requiring prior bureau approval to include changes to an institution's educational programs related to clock and credit hours or distance learning, and those relating to an institution's participation in certain federal student aid programs. The bill would make other conforming, technical, and nonsubstantive changes and would extend the operation of the act by one year to January 1, 2023. The act 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. By extending operation of the Student Tuition Recovery Fund, a continuously appropriated fund, this bill would make an appropriation. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 552, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2623.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3125.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 13. Noes 0.) (August 26).

  10. August 19 set for first hearing. Placed on suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (July 14). Re-referred to Com. on APPR.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.

  13. From committee: Do pass and re-refer to Com. on B. & P. (Ayes 12. Noes 0.) (June 29). Re-referred to Com. on B. & P.

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

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 38. Noes 0. Page 1276.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 7. Noes 0. Page 1205.) (May 20).

  19. Set for hearing May 20.

  20. May 17 hearing: Placed on APPR suspense file.

  21. Set for hearing May 17.

  22. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  23. Read second time and amended. Ordered to third reading.

  24. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 955.) (April 28).

  25. Set for hearing April 28.

  26. From committee: Do pass and re-refer to Com. on ED. (Ayes 13. Noes 0. Page 841.) (April 19). Re-referred to Com. on ED.

  27. Set for hearing April 19.

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

  29. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  30. (Ayes 32. Noes 4.)

  31. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  32. Read first time.

  33. From printer. May be acted upon on or after March 24.

  34. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Roth · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Roth

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB802 Roth Concurrence

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Democratic 12001
Republican 4000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Borgeas — Yea
Melendez — Yea
Wilk — Yea
Bradford — Yea
Hertzberg — Yea
Nielsen — Yea
Glazer — Yea
Atkins — Yea
Hueso — Yea
Min — Yea
Pan — Yea
Newman — Yea
Leyva — Yea
Kamlager — Yea
Bates — Yea
Roth — Yea
Rubio — Yea
Portantino — Yea
Skinner — Yea
Wieckowski — Yea
Dodd — Yea
Gonzalez — Not Voting
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 802 Roth Senate Third Reading By Low

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 43001
Republican 8001
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 6000
Republican 0002
Total 13003
% of votes cast 81%0%0%19%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Chau — Yea
Bigelow — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 3000
Democratic 5000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Bloom — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Ting — Yea
Low — Yea
Medina — Yea
McCarty — Yea
Cunningham — Yea
Vince Fong — Yea
Berman, Marc Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Business and Professions]

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 6000
Republican 2000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Santiago — Yea
Bloom — Yea
Medina — Yea
Kiley — Yea
Low — Yea
Levine — Yea
Arambula, Joaquin Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Republican 4000
Democratic 12001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Glazer — Yea
Pan — Yea
Rubio — Yea
Atkins — Not Voting
Hertzberg — Yea
Bates — Yea
Roth — Yea
Newman — Yea
Nielsen — Yea
Dodd — Yea
Borgeas — Yea
Melendez — Yea
Bradford — Yea
Skinner — Yea
Wilk — Yea
Gonzalez — Yea
Min — Yea
Hueso — Yea
Leyva — Yea
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Eggman — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Kamlager — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Education]

Passed 13 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democratic 3000
Republican 2000
Total 13001
% of votes cast 93%0%0%7%
How each member voted (14)
Member Party Vote
Dodd — Yea
Bates — Yea
Pan — Yea
Eggman — Yea
Leyva — Yea
Min — Yea
Roth — Yea
Newman — Yea
Melendez — Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does SB 802 do?
Existing law, 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, but exempts certain institutions from its application, including certain institutions that offer continuing education, which is also defined in the act, and other institutions that offer educational programs to members of a trade or fraternal organization that sponsor the educational programs. The act requires the bureau to adopt by regulation minimum operating standards for institutions that are subject to the act's provisions, including a standard that requires accreditation for degree-granting institutions. The act requires an institution to obtain bureau approval before making certain substantive changes to its operations. The act authorizes the bureau to suspend, revoke, or place on probation an institution's approval to operate for violations of the act that result in actual student harm. The act is repealed by its own provisions on January 1, 2022. This bill would revise and recast provisions of the act. The bill would revise the definition of "continuing education" to expressly exclude instruction that leads to a degree and would revise the definition of "educational program" to exclude a course of 32 hours of instruction or less that is not designed to lead to employment. The bill would change the definition of "postsecondary education" from a formal institutional educational program whose "curriculum" is designed primarily for specified students, to a formal institutional educational program whose "instruction" is designed primarily for those students. The bill would clarify that institutions cannot qualify for the trade or fraternal organization exemption by sponsoring their own educational programs. The bill would require the bureau's advisory committee to elect a chair and vice chair and adopt rules for its affairs. The bill would allow the bureau to extend the accreditation deadlines under certain conditions and would clarify the bureau's authority to suspend an institution's educational programs and to suspend, revoke, or place on probation an institution's approval to operate. The bill would expand the types of substantive changes requiring prior bureau approval to include changes to an institution's educational programs related to clock and credit hours or distance learning, and those relating to an institution's participation in certain federal student aid programs. The bill would make other conforming, technical, and nonsubstantive changes and would extend the operation of the act by one year to January 1, 2023. The act 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. By extending operation of the Student Tuition Recovery Fund, a continuously appropriated fund, this bill would make an appropriation. 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.
Who sponsors SB 802?
SB 802 is sponsored by Roth.
What is the current status of SB 802?
This bill has been enacted into law. Introduced February 19, 2021. Enacted.
Where can I track SB 802?
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