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Report 90-31: Preliminary Draft Regulations for Chapter 3 of Part 59 of the Education Code, Prepared by the California Postsecondary Education Commission for Consideration by the Council for Private Postsecondary and Vocational Education

Published by The California Postsecondary Education Commission

December 1990

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In this document, the California Postsecondary Education Commission offers a preliminary draft of private Postsecondary Education Regulations to implement Chapter 3 of Part 59 of the Education Code, for consideration and possible adoption by California's new Council for Private Postsecondary and Vocational Education. As of January 1, 1991, the Council will assume from the Private Postsecondary Education Division of the Department of Education the responsibility for regulating private vocational schools and degree granting colleges and universities in the State.

In order to license or permit these institutions to operate, the Council must adopt rules that "implement, interpret, or make specific" the laws that it is charged to enforce and submit them and their supporting rationale to the Office of Administrative Law for its approval. Realizing that the Council would require time to organize itself and adopt regulations so that it could assume its responsibilities expeditiously on January 1, the legislature passed Assembly Bill 1993 (Farr, Chapter 1324, Statutes of 1989), which assigned the Commission the task of drafting "preliminary draft regulations" for the Council to consider and, if found satisfactory, to use in beginning its work. The Legislature specified that the Commission deliver these draft regulations to the Council by December 31,1990, for the council's consideration when it begins its regulatory duties the following day.

Since passage of AB 1993, members of the Commission's staff have been working cooperatively with staff of the Department of Education and other interested parties to prepare these preliminary draft regulations. With substantial help from Attorney Anita Scuri of the Legal Office of the Department of Consumer Affairs, and graduate assistant Michael Sigsbee, the staff developed a rough draft of the regulations, revised them in response to the suggestions of some 40 institutional administrators and State agency representatives, and revised that draft in response to testimony received at two public hearings held in Long Beach on June 21, 1990, and in Sacramento on June 26. The Commission has published that testimony as Commission Report 90-25, Public Testimony Regarding Preliminary Draft Regulations to Implement the Private Postsecondary and Vocational Education Reform Act of 1989. The commission is grateful to all those who participated in the drafting process.

The Commission has also prepared a "Statement of Reasons" explaining the rationale for each of the proposed regulations concerning degree-granting institutions. That statement reflects the staff's expertise gained from over 140 site visits in the past five years to unaccredited degree-granting institutions in California. For a copy of that statement, please e-mail our Publications Office and request a copy of Commission Report 90-30.

Related Topics: Performance of Higher Education | Private Postsecondary and Vocational Education

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