2005 California Education Code Sections 94931-94931.1 Article 9.5. Registered Institutions

94931.  (a) No private postsecondary educational institution, except
those offering degrees and approved under Article 8 (commencing with
Section 94900) or offering vocational and nondegree granting
programs and approved under Article 9 (commencing with Section
94915), or those that are exempt from this chapter, may offer
educational services or programs or short-term educational programs
unless the institution has been registered by the bureau as meeting
the requirements of this article.
   (b) An institution approved to offer degrees under Article 8
(commencing with Section 94900) or approved to offer vocational and
nondegree granting programs under Article 9 (commencing with Section
94915) may offer registered short-term education programs without
affecting its status under either of those articles so long as the
registered short-term education program is disclosed in its approval
to operate application or the institution completes a registration
application and receives specific authorization for the program,
maintains compliance for all registered programs in conformity with
this article, and maintains a set of student records for registered
programs separate from its approved programs. Any registered
institution that offers an educational program not specified in
subdivision (c) or not otherwise exempt from this chapter shall be
approved under Article 8 (commencing with Section 94900) or Article 9
(commencing with Section 94915) and shall comply with this chapter.
   (c) Except as otherwise provided in this article, this chapter
does not apply to an educational service that qualifies for
registration status and that complies with this article. The
educational services that qualify for registration status are limited
to:
   (1) An educational service, as described in Section 94733, that is
offered to provide an intensive English language program.
   (2) An educational service, as described in Section 94742.1, that
is offered to provide short-term career training.
   (3) An educational service, as described in Section 94742.3, that
is offered to provide short-term seminar training.
   (4) An educational service that is offered to assist students to
prepare for an examination for licensure, except as provided in
Section 94787.
   (5) An educational service that consists of continuing education
not otherwise exempt from this chapter.
   (d) An institution that qualifies under any of paragraphs (1) to
(4), inclusive, of subdivision (c) shall complete a registration form
provided by the bureau, including a signed declaration by the chief
executive officer of the institution under penalty of perjury, and
provide all of the following information for public disclosure:
   (1) The owner's legal name, headquarters address, and the name of
an agent for the service of process within California.
   (2) All names, whether real or fictitious, under which the owner
is doing and will do business.
   (3) The names and addresses of the principal officers of the
institution.
   (4) A list of all California locations at which the institution
operates, its offerings, and, if previously registered, the number of
students enrolled in California during the preceding year.
   (5) A copy of the registration form or agreement that enrolls the
student in the educational service that contains all of the
following:
   (A) The name and address of the location where instruction will be
provided.
   (B) The title of the educational program.
   (C) The total amount the student is obligated to pay for the
educational service.
   (D) A clear and conspicuous statement that the enrollment form or
agreement is a legally binding instrument when signed by the student
and accepted by the institution.
   (E) The refund policy developed by the institution unless this
article specifies a different refund policy.
   (F) Unless this article specifies that the institution is required
to participate in the Student Tuition Recovery Fund, a statement
that the institution does not participate in that fund.
   (G) In 10-point boldface type or larger, the following statement:
"Any questions or problems concerning this school that have not been
satisfactorily answered or resolved by the school should be directed
to the Bureau for Private Postsecondary and Vocational Education in
the Department of Consumer Affairs (insert city, address, CA ZIP Code
number, and telephone number)."
   (H) Schools approved under paragraph (1) of subdivision (c) of
Section 94931 shall also include with the statement required by
subparagraph (G) information referring the student to a consulate of
his or her country and the United States Immigration and
Naturalization Service.
   (6) A brochure or catalog and a sample advertisement used to
promote the educational service.
   (7) A copy of its certificate of completion.
   (8) If the educational service offers short-term career training,
the institution shall comply with the requirements of Sections 94804
and 94806.
   (9) If the institution assists students in obtaining financing
from a third party for the cost of the educational services at the
institution, a copy of the contract or finance agreement reflecting
that financing.
   (e) The bureau shall establish the initial registration fee and
the annual fee to be paid by institutions registered under this
article. No institution shall be registered pursuant to this article
unless it has paid the appropriate fees required by the bureau. Upon
receipt of an institution's initial application for registration for
a program, the bureau may conduct a site visit pursuant to
subdivision (c) of Section 94915.
   (f) For the purposes of communication with other state agencies,
any organization or individual registered to offer short-term seminar
training may state that he, she, or it is "authorized" by the State
of California.
   (g) (1) Except as provided by subdivision (f), any institution
registered pursuant to this article shall be restricted to stating
that its training is "registered" with the State of California and is
prohibited from using the words "approval," "approved," "approval to
operate," "approved to operate," "authorized," "licensed," or
"licensed to operate."
   (2) The institution shall place the following statement in all
brochures, catalogues, enrollment agreements, and registration forms,
in a conspicuous location in at least 12-point boldfaced type:
   "We are registered with the State of California. Registration
means we have met certain minimum standards imposed by the state for
registered schools on the basis of our written application to the
state. Registration does not mean we have met all of the more
extensive standards required by the state for schools that are
approved to operate or licensed or that the state has verified the
information we submitted with our registration form."
   (h) The bureau may require, at least every three years following
the initial registration date, that a registered institution verify
all or part of the information required to be provided with the
registration form under subdivision (d).
   (i) Sections 94812 and 94818, Sections 94822 to 94825, inclusive,
Sections 94829 to 94838, inclusive, and Sections 94841 and 94846
apply to any institution registered pursuant to this article.
   (j) Article 1 (commencing with Section 94700), Article 2
(commencing with Section 94710), Article 3 (commencing with Section
94750), Article 3.5 (commencing with Section 94760), Article 4
(commencing with Section 94770), and Article 13 (commencing with
Section 94950) apply to any institution registered pursuant to this
article.
94931.1.  (a) Before accepting any consideration from a student, an
institution registered pursuant to this article shall provide the
student with an enrollment agreement or registration form containing
in a single document all of the terms related to the instruction and
payment.  The agreement or registration form shall contain all of the
information set forth in paragraph (5) of subdivision (d) of Section
94931.
   (b) The enrollment agreement or registration form shall be printed
in at least 10-point type in English and, except for educational
services described in paragraph (1) of subdivision (c) of Section
94931, if any solicitation or negotiation leading to the student's
enrollment was in a language other than English, in that other
language.  Institutions that provide educational services described
in paragraph (1) of subdivision (c) of Section 94931 shall provide in
a written agreement with any agent or representative that the agent
or representative is required to disclose to each prospective student
in writing, in the language of any solicitation or negotiation
leading to the student's enrollment, all of the information described
in paragraph (5) of subdivision (d) of Section 94931.
   (c) If the institution fails to comply with this section, any
enrollment agreement or registration form shall be invalid and the
institution shall refund to the student all of the tuition paid by
the student to the institution.
   (d) In addition to any other requirement in this article, each
institution registered under paragraph (2) of subdivision (c) of
Section 94931 shall provide to each prospective student all of the
information required by Section 94816 and shall be subject to Section
94820 and Article 12 (commencing with Section 94944).