SB 675 - An Act to Add Article 22 (Commencing with Section 94951) to Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code, Relating to Private Postsecondary Education.

An Act to Add Article 22 (Commencing with Section 94951) to Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code, Relating to Private Postsecondary Education.

SB 675 — 2011-2012 Legislature

Summary

Existing law, the California Private Postsecondary Education Act of 2009 (act) provides, among other things, for student protections and regulatory oversight of private postsecondary schools (institutions) in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs.

This bill would provide that an institution is prohibited from entering into an agreement for a program or course of instruction given in English with a nonnative speaker of English, as defined, unless the prospective student first takes and passes an English proficiency test, as specified. The bill would require that English proficiency tests be given to prospective students at a place off campus by an independent test administrator without charge to the student and in accordance with all procedures and requirements specified by the test publisher. The bill would require that the tests be paid for by the institution and graded off campus by an independent test administrator. The bill would prohibit employees or representatives of the school from influencing the giving, monitoring, or scoring of the tests. The bill would provide, if a… More

Existing law, the California Private Postsecondary Education Act of 2009 (act) provides, among other things, for student protections and regulatory oversight of private postsecondary schools (institutions) in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs.

This bill would provide that an institution is prohibited from entering into an agreement for a program or course of instruction given in English with a nonnative speaker of English, as defined, unless the prospective student first takes and passes an English proficiency test, as specified. The bill would require that English proficiency tests be given to prospective students at a place off campus by an independent test administrator without charge to the student and in accordance with all procedures and requirements specified by the test publisher. The bill would require that the tests be paid for by the institution and graded off campus by an independent test administrator. The bill would prohibit employees or representatives of the school from influencing the giving, monitoring, or scoring of the tests. The bill would provide, if a prospective student is unable to pass the tests, that it may be readministered only as specified.

The bill would prohibit a student from waiving any requirement of the act, and provides that if an institution violates any provision of the act, the enrollment agreement and any other contract with the institution is unenforceable. The bill would specify further remedies and damage provisions. The bill would specify the bureau’s authority and powers to enforce the act.

This bill would require any written contract or agreement for educational services signed by a nonnative speaker of English with an institution to include an enrollment agreement containing specified information. The bill would require that the test and the score be placed in the student’s file after enrollment.

The bill would declare that its provisions are severable, and make legislative declarations and findings. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Add Article 22 (Commencing with Section 94951) to Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code, Relating to Private Postsecondary Education.

Author(s)

Rod Wright

Co-Authors

Subjects

• Private postsecondary education: non-English speaking students

Major Actions

Introduced	2/18/2011
Referred to Committee
Passed Senate Committee on Education	3/30/2011
Failed passage in Senate Committee on Business, Professions and Economic Development	4/25/2011
Passed Senate Committee on Business, Professions and Economic Development	4/25/2011
Failed passage in Senate Committee on Business, Professions and Economic Development	5/02/2011

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Senate Committee on Education	Do pass as amended, and re-refer to the Committee on Business, Professions and Economic Development.	3/30/2011	This motion PASSED the Senate Committee on Education 6 voted YES 2 voted NO 3 voted present/not voting
select this vote	Senate Committee on Business, Professions and Economic Development	Do pass, but re-refer to the Committee on Appropriations.	4/25/2011	This motion DID NOT PASS the Senate Committee on Business, Professions and Economic Development 2 voted YES 3 voted NO 4 voted present/not voting
select this vote	Senate Committee on Business, Professions and Economic Development	Reconsideration granted.	4/25/2011	This motion PASSED the Senate Committee on Business, Professions and Economic Development 9 voted YES 0 voted NO 0 voted present/not voting
select this vote	Senate Committee on Business, Professions and Economic Development	Do pass, but re-refer to the Committee on Appropriations.	5/02/2011	This motion DID NOT PASS the Senate Committee on Business, Professions and Economic Development 3 voted YES 3 voted NO 3 voted present/not voting

	Action	Date	Description
	Introduced	2/18/2011
		2/18/2011	Introduced. Read first time. To Com. on RLS. for assignment. To print.
		2/20/2011	From printer. May be acted upon on or after March 22.
		3/03/2011	Referred to Coms. on ED. and B., P. & E.D.
		3/09/2011	Set for hearing March 23.
		3/14/2011	Set, first hearing. Hearing canceled at the request of author.
		3/16/2011	Set for hearing March 30.
select this vote	Vote	3/30/2011	Do pass as amended, and re-refer to the Committee on Business, Professions and Economic Development.
		4/04/2011	From committee: Do pass as amended and re-refer to Com. on B., P. & E.D. (Ayes 6. Noes 2. Page 494.) (March 30).
		4/05/2011	Read second time and amended. Re-referred to Com. on B., P. & E.D.
		4/07/2011	Set for hearing April 25.
select this vote	Vote	4/25/2011	Do pass, but re-refer to the Committee on Appropriations.
select this vote	Vote	4/25/2011	Reconsideration granted.
		4/25/2011	Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 736.) Reconsideration granted.
		4/27/2011	From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. Set for hearing May 2.
		5/02/2011	Set, first hearing. Failed passage in committee. (Ayes 3. Noes 3. Page 848.)
select this vote	Vote	5/02/2011	Do pass, but re-refer to the Committee on Appropriations.
		5/05/2011	Returned to Secretary of Senate pursuant to Joint Rule 62(a).