California Private Postsecondary Education Act of 2009: exemptions.

The California Private Postsecondary Education Act of 2009 provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts an institution from its provisions if any of a list of specific criteria are met. The act authorizes an independent institution of higher education that is exempt from the act to execute a contract with the bureau to review and, as appropriate, act on complaints concerning the institution. Existing law provides that the execution of a contract by the bureau with an institution constitutes establishment by the state of that institution to offer programs beyond secondary education, including programs leading to a degree or certificate, as provided. This bill would additionally exempt an institution incorporated in this state in 1877, that operated continuously as an independent nonprofit institution and was exempt from this chapter until 2022, and that was merged into another nonprofit private postsecondary educational institution accredited by a regional body recognized by the United States Department of Education that accredits institutions, the majority of which are nonprofit institutions. The bill would provide that, for purposes of the act, an institution exempted pursuant to that provision is considered an independent institution of higher education, and would authorize the institution to execute a contract with the bureau for the bureau to review and, as appropriate, act on complaints concerning the institution, as provided.