2005 California Education Code Sections 94710-94746 Article 2. Definitions

94710.  The definitions set forth in this article govern the
construction of this chapter, unless the context requires otherwise.
94711.  "Academic Year" for a degree-granting institution means a
period including a minimum of 30 weeks of instruction.
94712.  "Accredited" means that an institution has been recognized
or approved as meeting the standards established by an accrediting
agency recognized by the United States Department of Education, or
the Committee of Bar Examiners for the State of California.  It does
not include those institutions that have applied for accreditation,
or are identified by accrediting associations as candidates for
accreditation or have provisional accreditation.
94713.  "Agency" means any person or business entity, regardless of
the form of organization, that employs, or in any manner contracts
with, one or more agents.  "Agency" does not include an institution.
94714.  "Agency approval" means a written document issued by the
council authorizing a business entity or an institution to engage in
the recruitment of students for enrollment in private postsecondary
and vocational institutions approved under this chapter.
94715.  "Agent" means any person who, at a place away from the
institution's premises or site of instruction, but within the United
States, for consideration, solicits, promotes, advertises, offers, or
attempts to secure enrollment for an institution, refers any person
to that institution, either for enrollment or to receive a
solicitation for enrollment, or accepts application fees or
admissions fees for education in that institution.  Administrators
and faculty who make informational public appearances, but whose
primary task does not include service as a paid recruiter, are not
agents.  Publishers of directories that contain general information
on institutions and their offerings and who do not otherwise engage
in any of the activities described in this section are not agents.
94716.  "Agent's permit" means a nontransferable written document
issued to an agent pursuant to this chapter by the council.
94717.  "Applicant" means a new institution that has submitted an
application but has not been evaluated by the council.  An applicant
institution shall not enroll students or offer educational services.
94718.  "Approval" or "approval to operate" means that the council
has determined and certified that an institution meets minimum
standards established by the council for integrity, financial
stability, and educational quality, including the offering of bona
fide instruction by qualified faculty and the appropriate assessment
of students' achievement prior to, during, and at the end of its
program.
94719.  "Branch" means a site other than the main location or a
satellite.  Only educational services approved at the main location
may be offered at the branch.
94719.5.  "Bureau" means the Bureau for Private Postsecondary and
Vocational Education in the Department of Consumer Affairs
established pursuant to Section 94770.
94720.  "Certificate of authorization for service" means a written,
nontransferable document issued by the council authorizing an
individual to be an instructor or administrator in any private
vocational postsecondary educational institution in California that
is approved under Section 94915.
94721.  "Change of location" means a move of up to 25 miles of the
location at which an institution offers any education, training, or
instruction.  A change of location of 25 or more miles is deemed the
establishment of a new location of instruction requiring a separate
approval to operate, unless otherwise provided by the council.
94722.  (a) Except as provided in subdivision (b), "continuing
education" means instruction in any of the following circumstances:
   (1) Only in subjects licensees are required to take as a condition
of continued licensure and solely for that purpose.
   (2) Only in subjects necessary to continue to practice or work in
a profession such as law or medicine and solely for that purpose.
   (3) To persons who are already in a particular profession, trade,
or job category for the sole purpose of enhancing their skills or
knowledge within that particular profession, trade, or job category.
   (b) "Continuing education" does not include any of the following:
   (1) Vocational diploma programs.
   (2) Degree programs.
   (3) An educational service any part of the charge for which is
paid from the proceeds of a loan or grant subject to a governmental
student financial aid program.
94723.  "Correspondence school" or "home study school" means any
institution that provides correspondence lessons for study and
completion by a student at a location separate from the institution,
including those institutions which offer that instruction by
correspondence in combination with in-residence instruction.
94724.  "Council" means the Bureau for Private Postsecondary and
Vocational Education in the Department of Consumer Affairs
established pursuant to Section 94770.
94725.  "Course of study" means either a single course or a set of
related courses for which a student enrolls.
94726.  "Degree" means any type of degree or honorary degree or
title of any designation, mark, appellation, series of letters or
words such as, but not limited to, associate, bachelor, master,
doctor, or fellow which signifies, purports, or is generally taken to
signify satisfactory completion of the requirements of an academic,
educational, technological, or professional program of study beyond
the secondary school level or is an honorary title conferred for
recognition of some meritorious achievement.
94727.  "Degree title" means the designated subject area of study
that also appears on the face of the document awarded to a student
signifying the conferring of a "degree."
94728.  "Diploma" means any diploma, certificate, document, or other
writing in any language other than a degree which signifies,
purports, or is generally taken to signify satisfactory completion of
the requirements of an academic, educational, technological, or
professional program of study beyond the secondary school level.
94728.5.  "Director" means the Director of Consumer Affairs.
94729.  "Education," "educational services," or "educational program"
includes, but is not limited to, any class, course, or program of
training, instruction, or study.
94729.3.  "Franchise institution" means a newly established location
of an existing approved institution offering postsecondary education
services leading to candidacy for psychology licensure that bears
the same name as the existing approved institution and about which
either of the following is true:
   (a) The newly established location is owned or financially
controlled by an individual or individuals other than those who own
or financially control the existing approved institution.
   (b) The newly established institution is administered by an
individual or individuals other than those persons who administer the
existing approved institution.
94730.  "Institution" means any private postsecondary educational
institution.  An "institution" includes its branch and satellite
campuses, unless otherwise provided by the council.
94731.  "Institutional approval" means an institution that has been
evaluated by the council and has been found to be in compliance with
the council's standards pursuant to this chapter.
94732.  "Instruction" includes any specific, formal arrangement by
an institution or its enrollees to participate in learning
experiences in which the institution's faculty or contracted
instructors present a planned curriculum appropriate to the enrollee'
s educational program.
94733.  "Intensive English language program" means an educational
service approved by the United States Immigration and Naturalization
Service solely to provide English instruction to international
students for a designated period of study in the United States and
that offers instruction that is nondegree granting, nonvocational,
and is not represented to lead to, or offered for the purpose of
preparing a student for employment in, any occupation or job title.
Additionally, the educational service shall meet all of the following
criteria:
   (a) Students enrolling in this type of educational service are not
residents of this state or citizens of the United States and are not
eligible for federal or state financial aid, including loans.
   (b) Coursework in this type of educational service is limited to
English instruction in all areas of language skills development,
including reading, writing, speaking, listening, grammar, and test
preparation.
94734.  "License and exam preparation" means that the educational
program is either of the following:
   (a) Designed to assist students to prepare for an examination for
licensure.
   (b) Offered for the sole purpose of providing continuing education
in subjects licensees are required to take as a condition of
continued licensure.
94735.  "Main location" or "main site" means the institution's
primary teaching location.  If an institution operates at only one
site, that site shall be considered its main location or main site.
94736.  "Occupational Associate Degree," "Associate of Occupational
Studies," or "Associate of Applied Science" designated by terms
including, but not limited to, AOS (Associate Occupational Studies),
AAS (Associate Applied Science), AST (Associate Specialist
Technical), or ASB (Associate Specialist Business) means an associate
degree that may be awarded to students who complete an occupational
program that provides preparation for employment in an occupational
field.
94737.  "Out-of-state school" means any private postsecondary or
vocational educational institution offering career or job training
programs, including both an in-residence institution and a home-study
institution that has its place of instruction or its principal
location outside the boundaries of the state, or that offers or
conducts programs of instruction or subjects on premises maintained
by the school outside the boundaries of the state, or that provides
correspondence or home-study lesson materials from a location outside
the boundaries of this state, or that evaluates completed lesson
materials or otherwise conducts its evaluation service from a
location outside the boundaries of this state, or that otherwise
offers or provides California students with programs of instruction
or subjects through activities engaged in or conducted outside the
boundaries of the state.
94738.  "Person" means a natural person or any business entity,
regardless of the form or organization.
94739.  (a) "Private postsecondary educational institution" means
any person doing business in California that offers to provide or
provides, for a tuition, fee, or other charge, any instruction,
training, or education under any of the following circumstances:
   (1) A majority of the students to whom instruction, training, or
education is provided during any 12-month period is obtained from, or
on behalf of, students who have completed or terminated their
secondary education or are beyond the age of compulsory high school
attendance.
   (2) More than 50 percent of the revenue derived from providing
instruction, training, or education during any 12-month period is
obtained from, or on behalf of, students who have completed or
terminated their secondary education or are beyond the age of
compulsory high school attendance.
   (3) More than 50 percent of the hours of instruction, training, or
education provided during any 12-month period is provided to
students who have completed or terminated their secondary education
or are beyond the age of compulsory high school attendance.
   (4) A substantial portion, as determined by the council, by
regulation, of the instruction, training, or education provided is
provided to students who have completed or terminated their secondary
education or are beyond the age of compulsory high school
attendance.
   (b) The following are not considered to be private postsecondary
educational institutions under this chapter:
   (1) Institutions exclusively offering instruction at any or all
levels from preschool through the 12th grade.
   (2) Institutions offering education solely avocational or
recreational in nature, and institutions offering this education
exclusively.
   (3) Institutions offering education sponsored by a bona fide
trade, business, professional, or fraternal organization, solely for
that organization's membership.
   (4) Postsecondary or vocational educational institutions
established, operated, and governed by the federal government or by
this state, or its political subdivisions.
   (5) Institutions offering continuing education where the
institution or the program is approved, certified, or sponsored by
any of the following:
   (A) A government agency, other than the bureau, that licenses
persons in a particular profession, trade, or job category.
   (B) A state-recognized professional licensing body, such as the
State Bar of California, that licenses persons in a particular
profession, trade, or job category.
   (C) A bona fide trade, business, or professional organization.
   (6) A nonprofit institution owned, controlled, and operated and
maintained by a bona fide church, religious denomination, or
religious organization comprised of multidenominational members of
the same well-recognized religion, lawfully operating as a nonprofit
religious corporation pursuant to Part 4 (commencing with Section
9110) of Division 2 of Title 1 of the Corporations Code, if the
education is limited to instruction in the principles of that church,
religious denomination, or religious organization, or to courses
offered pursuant to Section 2789 of the Business and Professions
Code, and the diploma or degree is limited to evidence of completion
of that education, and the meritorious recognition upon which any
honorary degree is conferred is limited to the principles of that
church, religious denomination, or religious organization.
Institutions operating under this paragraph shall offer degrees and
diplomas only in the beliefs and practices of the church, religious
denomination, or religious organization.  The enactment of this
paragraph expresses the legislative intent that the state shall not
involve itself in the content of degree programs awarded by any
institution operating under this paragraph, as long as the
institution awards degrees and diplomas only in the beliefs and
practices of the church, religious denomination, or religious
organization.  Institutions operating under this paragraph shall not
award degrees in any area of physical science.  Any degree or diploma
granted in any area of study under these provisions shall contain on
its face, in the written description of the title of the degree
being conferred, a reference to the theological or religious aspect
of the degree's subject area.  Degrees awarded under this paragraph
shall reflect the nature of the degree title, such as "associate of
religious studies," or "bachelor of religious studies," or "master of
divinity" or "doctor of divinity."  The use of the degree titles
"associate of arts" or "associate of science," "bachelor of arts" or
"bachelor of science," "master of arts" or "master of science," or
"doctor of philosophy" or "Ph.D." shall only be awarded by
institutions approved to operate under Article 8 (commencing with
Section 94900) or meeting the requirements for an exemption under
Section 94750.  The enactment of this paragraph is intended to
prevent any entity claiming to be a nonprofit institution owned,
controlled, and operated and maintained by a bona fide church,
religious denomination, or religious organization comprised of
multidenominational members of the same well-recognized religion,
lawfully operating as a nonprofit religious corporation pursuant to
Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the
Corporations Code, from marketing and granting degrees or diplomas
that are represented as being linked to their church, religious
denomination, or religious organization, but which, in reality, are
degrees in secular areas of study.  An institution operating under
this paragraph shall file annually with the council evidence to
demonstrate its status as a nonprofit religious corporation under the
Corporations Code.  A college or university operating under this
paragraph shall file annually with the council evidence to
demonstrate its status as a nonprofit religious corporation under the
Corporations Code.
   (7) (A) Public institutions accredited by the Accrediting
Commission for Senior Colleges and Universities or the Accrediting
Commission for Community and Junior Colleges of the Western
Association of Schools and Colleges.
   (B) Institutions accredited by the Accrediting Commission for
Senior Colleges and Universities or the Accrediting Commission for
Community and Junior Colleges of the Western Association of Schools
and Colleges that are incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2 (commencing
with Section 5110) of Division 2 of Title 1 of the Corporations Code
and that are not managed by any entity for profit.
   (C) For-profit institutions accredited by the Accrediting
Commission for Senior Colleges and Universities or the Accrediting
Commission for Community and Junior Colleges of the Western
Association of Schools and Colleges.
   (D) Institutions accredited by the Western Association of Schools
and Colleges that do not meet all of the criteria in subparagraph (B)
and that are incorporated and lawfully operating as a nonprofit
public benefit corporation pursuant to Part 2 (commencing with
Section 5110) of Division 2 of Title 1 of the Corporations Code, that
have been in continuous operation since April 15, 1997, and that are
not managed by any entity for profit.  Notwithstanding this
subdivision, institutions that meet the criteria in this subparagraph
shall be subject to Section 94831, except subdivision (c) of that
section, and Sections 94832, 94834, 94838, and 94985.
   (8) Institutions that exclusively offer programs that cost five
hundred dollars ($500) or less.
94740.  "Program" or "program of instruction" means a program of
training, set of related courses, or education for which a student
enrolls.
94740.3.  "Non-WASC regional accrediting agency" means a regional
accrediting agency, other than the Western Association of Schools and
Colleges, recognized by the United States Department of Education as
possessing similar quality and rigor in accreditation standards, and
limited to the following:
   (a) Middle States Association of Colleges and Schools, Commission
on Higher Education.
   (b) New England Association of Schools and Colleges, Commission on
Institutions of Higher Education.
   (c) North Central Association of Colleges and Schools, The Higher
Learning Commission.
   (d) Northwest Association of Schools and of Colleges and
Universities, Commission on Colleges and Universities.
   (e) Southern Association of Colleges and Schools, Commission on
Colleges.
94740.5.  "Non-WASC regionally accredited institution" means a
degree-granting institution that has been accredited by one of the
non-WASC regional accrediting agencies listed in Section 94740.3.  It
does not include any of the following:
   (a) An institution within the meaning of paragraph (7) of
subdivision (b) of Section 94739 that has been accredited by the
Accrediting Commission for Senior Colleges and Universities or the
Accrediting Commission for Community and Junior Colleges of the
Western Association of Schools and Colleges.
   (b) An institution that has provisional accreditation.
   (c) An institution that has applied for accreditation.
   (d) An institution that is identified by an accrediting agency as
a candidate for accreditation.
94740.7.  "Registered," "registered institution," or "registered
educational service" means any individual or organization that offers
an educational service and is registered to operate under Article
9.5 (commencing with Section 94931).
94741.  "Representative" means an employee, an agent as defined in
Section 2295 of the Civil Code, an agent subject to Section 94940, an
agency subject to Section 94942, or any person who, for
compensation, does either of the following:
   (a) Solicits, promotes, advertises, or refers or recruits students
or prospective students for an institution.
   (b) Is involved with enrollment, admissions, student attendance,
administration, financial aid, instruction, or job placement
assistance on behalf of an institution.
94742.  "Satellite" means an auxiliary classroom or a teaching site.
  All of the following apply to a satellite:
   (a) Only educational services that are approved at the main
location shall be offered at the satellite.
   (b) The institution shall maintain no permanent records of
attendance or academic progress at the satellite.
   (c) Advertisement of a satellite shall indicate that the satellite
is an auxiliary classroom or a teaching site.
94742.1.  (a) "Short-term career training" means an educational
service consisting of all of the following:
   (1) The total charge to the student is two thousand dollars
($2,000) or less.
   (2) The length of training is less than 250 hours.
   (3) The course is represented as preparing the student for any
occupation or job title.
   (b) "Short-term career training" does not include any of the
following:
   (1) Instruction leading to a degree.
   (2) Instruction financed by a federal or state loan or grant.
   (3) Any educational service, other than provided for in
subdivision (a), consisting of more than 250 hours of instruction or
costing two thousand dollars ($2,000) or more in total charges that
is divided or structured into one or more segments that consists of
250 or fewer hours of instruction, the total charge for which is less
than two thousand dollars ($2,000).
   (4) Any educational service represented to lead to, or offered for
the purpose of preparing a student for, employment as a certified
nursing assistant, a private security guard, or a private patrol
operator.
   (c) Short-term career training may include an educational service
licensed by another state agency so long as that educational service
complies with subdivision (a) and Article 9.5 (commencing with
Section 94931).
   (d) This section shall become operative on January 1, 2005.
94742.3.  "Short-term education program" means an educational
service meeting all of the following criteria:
   (a) The total charge to the student is more than five hundred
dollars ($500) and not more than two thousand dollars ($2,000).
   (b) The length of training is 250 hours or less.
   (c) The service is not any of the following:
   (1) Instruction leading to a degree.
   (2) Instruction financed by a federal or state loan or grant.
   (3) Any educational service that was originally longer than 250
hours or cost more than two thousand dollars ($2,000), but has been
structured into segments to meet the requirement of subdivision (a).
   (d) The service is offered by approved institutions or
institutions registered pursuant to Article 9.5 (commencing with
Section 94931).
94743.  "Site" means a main location, branch, or satellite campus.
94744.  "To offer" includes, in addition to its usual meanings,
advertising, publicizing, soliciting, or encouraging any person,
directly or indirectly, in any form, to perform the act described.
94745.  "To operate" an educational institution, or like term, means
to establish, keep, or maintain any facility or location in this
state where, or from or through which, educational services are
offered or educational degrees or diplomas are offered or granted.
94746.  "Vocational diploma program" means an educational program
having all of the following characteristics:
   (a) The educational program consists of a job-training program or
other instruction, training, or education that the institution
represents will lead to, fit, or prepare students for employment in
any occupation.
   (b) The program is offered to students who do not possess a
bachelor's or graduate degree in the field of training.
   (c) Students who complete all or a portion of the program are
awarded a diploma, certificate, or occupational associate degree.