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Article 3. Definitions of California Education Code >> Division 10. >> Title 3. >> Part 59. >> Chapter 8. >> Article 3.
Unless the context requires otherwise, the definitions set
forth in this article govern the construction of this chapter.
"Ability-to-benefit student" means a student who does not
have a certificate of graduation from a school providing secondary
education, or a recognized equivalent of that certificate.
"Academic year" means a period, including a minimum of 30
weeks of instructional time, in which a full-time student attending
an institution that measures educational program length in credit
hours completes 24 semester or trimester hours or 36 quarter hours,
or an institution that measures educational program length in clock
hours completes at least 900 clock hours.
"Accredited" means an institution is accredited by an
accrediting agency recognized by the United States Department of
Education.
"Accrediting agency" is an agency recognized by the United
States Department of Education.
"Annual report" means the yearly report required to be filed
by institutions.
"Applicant" means a person, as defined in Section 94855, who
has submitted an application to the board for an approval to operate
or for a renewal of an approval to operate. An approval to operate
shall be issued only to an applicant.
"Approval to operate" or "approval" means the authorization
pursuant to this chapter to offer to the public and to provide
postsecondary educational programs, as well as the written document
issued to an institution signifying its approval to operate.
"Approved to operate" or "approved" means that an
institution has received authorization pursuant to this chapter to
offer to the public and to provide postsecondary educational
programs.
"Avocational education" means education offered for the
purpose of personal entertainment, pleasure, or enjoyment.
"Branch campus" means a site other than the main campus or a
satellite location.
"Bureau" means the Bureau for Private Postsecondary
Education in the Department of Consumer Affairs.
"Change in business organization form" means a change of a
business organization's original form, including, for example, a
situation in which a sole proprietorship becomes a partnership or
corporation, or when a business organization becomes a nonprofit
public benefit corporation or forms a nonprofit public benefit
corporation as a subsidiary to provide the educational programs for
which the business organization has an approval to operate.
"Change in control" means a change in the ownership of an
institution in which a person who previously did not own at least 25
percent of the stock or interest in the institution or its parent
company acquires ownership of at least 25 percent of the stock or
interest in the institution or its parent company. "Change in control"
does not include an ownership change between family members
involving less than 51 percent of the stock or interest in the
institution.
"Change in ownership" means the acquisition by a person of
more than 50 percent of an interest in or stock of a parent company.
"Change of location" means a move or relocation more than
10 miles from the site at which the institution offers instruction.
"Class day" means a day a student is scheduled to attend a
class session, or for students receiving instruction through distance
education, any calendar day except Saturday, Sunday, or any holiday
enumerated in Section 6700 of the Government Code.
"Class session" means part of a class day that an
institution conducts instruction in a particular subject.
"Commence operations" means an institution has begun to
provide educational programs.
"Continuing education" means instruction in subjects that
licensees are required to take solely for the purpose of continued
licensure, or to enhance their skills and knowledge within their
particular profession, occupation, trade, or career field.
"Curriculum" means an organized set of courses or modules of
instruction that are prerequisites to the award of a degree or
diploma.
"Default" means failure of a borrower and endorser, if any,
to make an installment payment for a loan received under the federal
student financial aid programs when due, or to meet other terms of
the promissory note, provided that this failure persists for 270 days
if payment is due monthly or 360 days if payment is due less
frequently. For purposes of this section, "endorser" means an
individual who signs a promissory note and agrees to repay the loan
in the event that the borrower does not.
"Degree" means a recognized educational credential awarded
by an institution that signifies satisfactory completion of the
requirements of a postsecondary educational program at the associate'
s level or above.
"Degree title" means the designated subject area of the
educational program that appears on the face of the document awarded
to a student.
"Diploma" means a recognized educational credential, other
than a degree, awarded by an institution that signifies satisfactory
completion of the requirements of a postsecondary educational program
below the associate's level. A diploma is also known as a
certificate.
"Director" means the Director of Consumer Affairs.
"Distance education" means transmission of instruction to
students at a location separate from the institution.
"Document of record" means any document required to be
maintained by this chapter.
"Educational materials" means textbooks, supplies,
implements, tools, machinery, computers, electronic devices, or other
goods related to any education, training, or experience required for
participation in an educational program.
"Educational program" means a planned sequence composed of a
single course or module, or set of related courses or modules, that
provides education, training, skills, or experience, or a combination
of these.
"Educational program approval" means authorization by the
bureau, another government agency of this state, or a federal
government agency, to provide educational programs, and is an element
of an approval to operate.
"Enrollment" means the execution of an enrollment agreement.
"Enrollment agreement" means a written contract between a
student and institution concerning an educational program.
"Faculty" means the instructional staff of an institution,
whether these persons are employees or independent contractors.
"Graduate" means an individual who has been awarded a degree
or diploma.
"Institution" means any private postsecondary educational
institution, including its branch campuses and satellite locations.
"Institutional charges" means charges for an educational
program paid directly to an institution.
"Institution manager" means an individual who is a member of
an institution's management.
"Instruction" means an institution's specific, formal
arrangements in which its faculty present a part of the curriculum.
"License and examination preparation" means instruction
designed to assist students to prepare for an examination for
licensure. "License and examination preparation" does not include an
educational program designed to instruct students in the skills and
knowledge necessary to satisfy the qualifications for licensure.
"Licensure" includes any license, certificate, permit, or
similar credential that a person must hold to lawfully engage in a
profession, occupation, trade, or career field.
"Main campus" means the institution's sole or primary
teaching location.
"Noninstitutional charges" means charges for an educational
program paid to an entity other than an institution that are
specifically required for participation in an educational program.
"Owner" means an individual in the case of a sole
proprietorship, partners in a partnership, members in a limited
liability company, or shareholders in a corporation.
"Ownership" means a legal or equitable interest in an
institution, including ownership of assets or stock.
"Parent company" means a partnership, limited liability
company, or corporation that owns more than 50 percent of the stock
or interest in an institution.
"Period of attendance" means a semester, quarter, or
trimester for educational programs measured in credit hours and the
entire educational program if measured in clock hours.
"Person" means a natural person or a business organization,
irrespective of its form.
"Person in control" means a person who, by his or her
position's authority or conduct, directs the management of an
institution.
"Postsecondary education" means a formal institutional
educational program whose curriculum is designed primarily for
students who have completed or terminated their secondary education
or are beyond the compulsory age of secondary education, including
programs whose purpose is academic, vocational, or continuing
professional education.
"Private postsecondary educational institution" means a
private entity with a physical presence in this state that offers
postsecondary education to the public for an institutional charge.
"Recruiter" means an employee of an institution whose
principal job responsibilities are the recruitment of students other
than on the institution's premises.
"Recruitment" means actions taken by recruiters seeking
enrollment of students.
"Reporting period" means the institution's fiscal year or
any yearly period designated by the bureau to be covered in the
institution's annual report.
"Satellite location" means an auxiliary classroom or
teaching site within 50 miles of the branch or main location.
"Site" means a main or branch campus or satellite location.
"Teach-out" means the arrangements an institution makes for
its students to complete their educational programs when the
institution ceases to operate.
"Third-party payer" means an employer, government program,
or other entity that pays a student's total charges when no separate
agreement for the repayment of the charges exists between the
third-party payer and the student.
"To offer to the public" means to advertise, publicize,
solicit, or recruit.
"To operate" means to establish, keep, or maintain any
facility or location in this state where, or from which, or through
which, postsecondary educational programs are provided.
"Total charges" means the sum of institutional and
noninstitutional charges.
"Year" means a calendar year.
