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Long Sought Student Protection at Private Post-Secondary Institutions
Finally Becomes Law
FOR IMMEDIATE RELEASE
October 12, 2009
CONTACT: Michael Tamariz
(916) 319-2044
SACRAMENTO, CA – Assembly Bill 48, authored by Assemblymember Anthony Portantino (D-La
Cañada Flintridge), Assemblymember Roger Niello (R-Fair Oaks) and co-authored by Senator Gloria
Negrete-McLeod (D-Chino), was signed into law by Governor Schwarzenegger Sunday evening. The bi-
partisan bill will take effect on January 1st of next year. AB 48 re-establishes the Bureau for Private Post
Secondary Education in order to provide oversight of private post secondary educational institutions in
California. The signing ends the two year period of no California regulation or oversight of private for profit
and non-profit institutions. Previously, everyone from the local barber college to USC had been operating in
California free from regulation, standards and oversight. In addition to authorizing the reestablishment of a
State Bureau for regulating and approving these schools, AB 48 allows for prudent exemptions of schools
such as USC, Stanford and Cal Tech, which is located in the 44th Assembly District. Since the prior
legislation authored by Maxine Waters in 1989 expired, countless students have lost precious tuition money,
while others have received diplomas and certificates that are not based on any state standard or criteria.
“The previous situation was unacceptable. I’m pleased that going forward, students will be protected and
the institutions provided with a fair framework and standards to allow them to provide quality job training,
certification and degrees. AB 48 allows good schools to expand at a time when our economy desperately
needs to increase job training services and it offers students protections from diploma mills and
unscrupulous businesses practices,” said Portantino.
“The protection of students is important. The viability of the institutions that serve the needs of the students
is also important; with AB 48 we have a good balance of both groups. It protects students in a way that
does not overly-burden the schools that provide the education and vocational training necessary to help
students aspire to their dreams and aspirations.” said Niello.
“The current system of no oversight or student protections was unacceptable, this bill will give students a
guarantee they can complete their educational objectives if the school suddenly closes,” said Senator
McLeod
Deregulation has had a significant negative impact on California students since the expiration of the
previous law. In March, Californian's learned that promises to students were not being fulfilled by the
Wounded Marine Careers Foundation, a Southern California film program charging up to $88,000 per
student. In July, a student's pending lawsuit was not considered because the law on which the case was
based was repealed. And, in August the Montecito Fine Arts College of Design abruptly shut its doors,
leaving nearly 1,200 students without a degree, without their tuition and without recourse.
AB 48 re-establishes the Student Tuition Recovery Fund so that harmed students can recover their tuition.
It builds on the successful framework utilized in other states to establish a regulatory structure with strong
and effective student protections, meaningful institutional standards, and a sensible workload for the
Bureau. The legislation creates a workable transition which will allow the new Bureau to hit the ground
running, establish a framework of institutional standards, set forth fair business practices and require
important disclosures, and create effective procedures for monitoring and enforcing institutions.
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