94897. An institution shall not do any of the following:
(a) Use, or allow the use of, any reproduction or facsimile of the
Great Seal of the State of California on a diploma.
(b) Promise or guarantee employment, or otherwise overstate the
availability of jobs upon graduation.
(c) Advertise concerning job availability, degree of skill, or
length of time required to learn a trade or skill unless the
information is accurate and not misleading.
(d) Advertise, or indicate in promotional material, without
including the fact that the educational programs are delivered by
means of distance education if the educational programs are so
delivered.
(e) Advertise, or indicate in promotional material, that the
institution is accredited, unless the institution has been accredited
by an accrediting agency.
(f) Solicit students for enrollment by causing an advertisement to
be published in "help wanted" columns in a magazine, newspaper, or
publication, or use "blind" advertising that fails to identify the
institution.
(g) Offer to compensate a student to act as an agent of the
institution with regard to the solicitation, referral, or recruitment
of any person for enrollment in the institution, except that an
institution may award a token gift to a student for referring an
individual, provided that the gift is not in the form of money, no
more than one gift is provided annually to a student, and the gift's
cost is not more than one hundred dollars ($100).
(h) Pay any consideration to a person to induce that person to
sign an enrollment agreement for an educational program.
(i) Use a name in any manner improperly implying any of the
following:
(1) The institution is affiliated with any government agency,
public or private corporation, agency, or association if it is not,
in fact, thus affiliated.
(2) The institution is a public institution.
(3) The institution grants degrees, if the institution does not
grant degrees.
(j) In any manner make an untrue or misleading change in, or
untrue or misleading statement related to, a test score, grade or
record of grades, attendance record, record indicating student
completion, placement, employment, salaries, or financial
information, including any of the following:
(1) A financial report filed with the bureau.
(2) Information or records relating to the student's eligibility
for student financial aid at the institution.
(3) Any other record or document required by this chapter or by
the bureau.
(k) Willfully falsify, destroy, or conceal any document of record
while that document of record is required to be maintained by this
chapter.
(l) Use the terms "approval," "approved," "approval to operate,"
or "approved to operate" without stating clearly and conspicuously
that approval to operate means compliance with state standards as set
forth in this chapter. If the bureau has granted an institution
approval to operate, the institution may indicate that the
institution is "licensed" or "licensed to operate," but may not state
or imply either of the following:
(1) The institution or its educational programs are endorsed or
recommended by the state or by the bureau.
(2) The approval to operate indicates that the institution exceeds
minimum state standards as set forth in this chapter.
(m) Direct any individual to perform an act that violates this
chapter, to refrain from reporting unlawful conduct to the bureau or
another government agency, or to engage in any unfair act to persuade
a student not to complain to the bureau or another government
agency.
(n) Compensate an employee involved in recruitment, enrollment,
admissions, student attendance, or sales of educational materials to
students on the basis of a commission, commission draw, bonus, quota,
or other similar method related to the recruitment, enrollment,
admissions, student attendance, or sales of educational materials to
students, except as provided in paragraph (1) or (2):
(1) If the educational program is scheduled to be completed in 90
days or less, the institution shall pay compensation related to a
particular student only if that student completes the educational
program.
(2) For institutions participating in the federal student
financial aid programs, this subdivision shall not prevent the
payment of compensation to those involved in recruitment, admissions,
or the award of financial aid if those payments are in conformity
with federal regulations governing an institution's participation in
the federal student financial aid programs.
(o) Require a prospective student to provide personal contact
information in order to obtain, from the institution's Internet Web
site, educational program information that is required to be
contained in the school catalog or any information required pursuant
to the consumer information requirements of Title IV of the federal
Higher Education Act of 1965, and any amendments thereto.
94898. (a) An institution shall not merge classes unless all of the
students have received the same amount of instruction. This
subdivision does not prevent the placement of students, who are
enrolled in different educational programs, in the same class if that
class is part of each of the educational programs and the placement
in a merged class will not impair the students' learning of the
subject matter of the class.
(b) After a student has enrolled in an educational program, the
institution shall not do either of the following:
(1) Make any unscheduled suspension of any class unless caused by
circumstances beyond the institution's control.
(2) Change the day or time during the period of attendance in
which any class is offered to a day when the student is not scheduled
to attend the institution or to a time that is outside of the range
of time that the student is scheduled to attend the institution on
the day for which the change is proposed unless at least 90 percent
of the students who are enrolled consent to the change and the
institution offers full refunds to the students who do not consent to
the change. For the purpose of this paragraph, "range of time" means
the period beginning with the time at which the student's first
scheduled class session for the day is set to start and ending with
the time the student's last scheduled class session for that day is
set to finish.
(c) If an institution enrolls a student in an educational program
that is conducted at a specific site at the time of enrollment, the
institution shall not convert the educational program to another
method of delivery, such as by means of distance education. This
subdivision does not apply to an educational program that also
includes a distance education component, if the student is notified
during the enrollment process, in writing, that the program contains
a distance education component.
(d) An institution shall not move the location of class
instruction more than 25 miles from the location of instruction at
the time of enrollment unless any of the following occur:
(1) The institution discloses in writing to each student before
enrollment in the educational program that the location of
instruction will change after the educational program begins and the
address of the new location.
(2) The institution applies for, and the bureau grants, approval
to change the location. The bureau shall grant the application within
60 days if the bureau, after notice to affected students and an
opportunity for them to be heard as prescribed by the bureau,
concludes that the change in location would not be unfair or unduly
burdensome to students. The bureau may grant approval to change the
location subject to reasonable conditions, such as requiring the
institution to provide transportation, transportation costs, or
refunds to adversely affected students.
(3) The institution offers a full refund to students enrolled in
the educational program who do not voluntarily consent to the change.
(4) An unforeseeable and unavoidable circumstance outside of the
control of the institution requires the change in the location of
instruction.
94899. If an institution offers an educational program in a
profession, occupation, trade, or career field that requires
licensure in this state, the institution shall have an educational
program approval from the appropriate state licensing agency to
conduct that educational program in order that a student who
completes the educational program, except as provided in Section
94905, is eligible to sit for any required licensure examination.
94899.5. (a) Institutions that offer short-term programs designed
to be completed in one term or four months, whichever is less, may
require payment of all tuition and fees on the first day of
instruction.
(b) For those programs designed to be four months or longer, an
institution shall not require more than one term or four months of
advance payment of tuition at a time. When 50 percent of the program
has been offered, the institution may require full payment.
(c) The limitations in this section shall not apply to any funds
received by an institution through federal and state student
financial aid grant and loan programs, or through any other federal
or state programs.
(d) An institution that provides private institutional loan
funding to a student shall ensure that the student is not obligated
for indebtedness that exceeds the total charges for the current
period of attendance.
(e) At the student's option, an institution may accept payment in
full for tuition and fees, including any funds received through
institutional loans, after the student has been accepted and enrolled
and the date of the first class session is disclosed on the
enrollment agreement.
94897. An institution shall not do any of the following:
(a) Use, or allow the use of, any reproduction or facsimile of the
Great Seal of the State of California on a diploma.
(b) Promise or guarantee employment, or otherwise overstate the
availability of jobs upon graduation.
(c) Advertise concerning job availability, degree of skill, or
length of time required to learn a trade or skill unless the
information is accurate and not misleading.
(d) Advertise, or indicate in promotional material, without
including the fact that the educational programs are delivered by
means of distance education if the educational programs are so
delivered.
(e) Advertise, or indicate in promotional material, that the
institution is accredited, unless the institution has been accredited
by an accrediting agency.
(f) Solicit students for enrollment by causing an advertisement to
be published in "help wanted" columns in a magazine, newspaper, or
publication, or use "blind" advertising that fails to identify the
institution.
(g) Offer to compensate a student to act as an agent of the
institution with regard to the solicitation, referral, or recruitment
of any person for enrollment in the institution, except that an
institution may award a token gift to a student for referring an
individual, provided that the gift is not in the form of money, no
more than one gift is provided annually to a student, and the gift's
cost is not more than one hundred dollars ($100).
(h) Pay any consideration to a person to induce that person to
sign an enrollment agreement for an educational program.
(i) Use a name in any manner improperly implying any of the
following:
(1) The institution is affiliated with any government agency,
public or private corporation, agency, or association if it is not,
in fact, thus affiliated.
(2) The institution is a public institution.
(3) The institution grants degrees, if the institution does not
grant degrees.
(j) In any manner make an untrue or misleading change in, or
untrue or misleading statement related to, a test score, grade or
record of grades, attendance record, record indicating student
completion, placement, employment, salaries, or financial
information, including any of the following:
(1) A financial report filed with the bureau.
(2) Information or records relating to the student's eligibility
for student financial aid at the institution.
(3) Any other record or document required by this chapter or by
the bureau.
(k) Willfully falsify, destroy, or conceal any document of record
while that document of record is required to be maintained by this
chapter.
(l) Use the terms "approval," "approved," "approval to operate,"
or "approved to operate" without stating clearly and conspicuously
that approval to operate means compliance with state standards as set
forth in this chapter. If the bureau has granted an institution
approval to operate, the institution may indicate that the
institution is "licensed" or "licensed to operate," but may not state
or imply either of the following:
(1) The institution or its educational programs are endorsed or
recommended by the state or by the bureau.
(2) The approval to operate indicates that the institution exceeds
minimum state standards as set forth in this chapter.
(m) Direct any individual to perform an act that violates this
chapter, to refrain from reporting unlawful conduct to the bureau or
another government agency, or to engage in any unfair act to persuade
a student not to complain to the bureau or another government
agency.
(n) Compensate an employee involved in recruitment, enrollment,
admissions, student attendance, or sales of educational materials to
students on the basis of a commission, commission draw, bonus, quota,
or other similar method related to the recruitment, enrollment,
admissions, student attendance, or sales of educational materials to
students, except as provided in paragraph (1) or (2):
(1) If the educational program is scheduled to be completed in 90
days or less, the institution shall pay compensation related to a
particular student only if that student completes the educational
program.
(2) For institutions participating in the federal student
financial aid programs, this subdivision shall not prevent the
payment of compensation to those involved in recruitment, admissions,
or the award of financial aid if those payments are in conformity
with federal regulations governing an institution's participation in
the federal student financial aid programs.
(o) Require a prospective student to provide personal contact
information in order to obtain, from the institution's Internet Web
site, educational program information that is required to be
contained in the school catalog or any information required pursuant
to the consumer information requirements of Title IV of the federal
Higher Education Act of 1965, and any amendments thereto.
94898. (a) An institution shall not merge classes unless all of the
students have received the same amount of instruction. This
subdivision does not prevent the placement of students, who are
enrolled in different educational programs, in the same class if that
class is part of each of the educational programs and the placement
in a merged class will not impair the students' learning of the
subject matter of the class.
(b) After a student has enrolled in an educational program, the
institution shall not do either of the following:
(1) Make any unscheduled suspension of any class unless caused by
circumstances beyond the institution's control.
(2) Change the day or time during the period of attendance in
which any class is offered to a day when the student is not scheduled
to attend the institution or to a time that is outside of the range
of time that the student is scheduled to attend the institution on
the day for which the change is proposed unless at least 90 percent
of the students who are enrolled consent to the change and the
institution offers full refunds to the students who do not consent to
the change. For the purpose of this paragraph, "range of time" means
the period beginning with the time at which the student's first
scheduled class session for the day is set to start and ending with
the time the student's last scheduled class session for that day is
set to finish.
(c) If an institution enrolls a student in an educational program
that is conducted at a specific site at the time of enrollment, the
institution shall not convert the educational program to another
method of delivery, such as by means of distance education. This
subdivision does not apply to an educational program that also
includes a distance education component, if the student is notified
during the enrollment process, in writing, that the program contains
a distance education component.
(d) An institution shall not move the location of class
instruction more than 25 miles from the location of instruction at
the time of enrollment unless any of the following occur:
(1) The institution discloses in writing to each student before
enrollment in the educational program that the location of
instruction will change after the educational program begins and the
address of the new location.
(2) The institution applies for, and the bureau grants, approval
to change the location. The bureau shall grant the application within
60 days if the bureau, after notice to affected students and an
opportunity for them to be heard as prescribed by the bureau,
concludes that the change in location would not be unfair or unduly
burdensome to students. The bureau may grant approval to change the
location subject to reasonable conditions, such as requiring the
institution to provide transportation, transportation costs, or
refunds to adversely affected students.
(3) The institution offers a full refund to students enrolled in
the educational program who do not voluntarily consent to the change.
(4) An unforeseeable and unavoidable circumstance outside of the
control of the institution requires the change in the location of
instruction.
94899. If an institution offers an educational program in a
profession, occupation, trade, or career field that requires
licensure in this state, the institution shall have an educational
program approval from the appropriate state licensing agency to
conduct that educational program in order that a student who
completes the educational program, except as provided in Section
94905, is eligible to sit for any required licensure examination.
94899.5. (a) Institutions that offer short-term programs designed
to be completed in one term or four months, whichever is less, may
require payment of all tuition and fees on the first day of
instruction.
(b) For those programs designed to be four months or longer, an
institution shall not require more than one term or four months of
advance payment of tuition at a time. When 50 percent of the program
has been offered, the institution may require full payment.
(c) The limitations in this section shall not apply to any funds
received by an institution through federal and state student
financial aid grant and loan programs, or through any other federal
or state programs.
(d) An institution that provides private institutional loan
funding to a student shall ensure that the student is not obligated
for indebtedness that exceeds the total charges for the current
period of attendance.
(e) At the student's option, an institution may accept payment in
full for tuition and fees, including any funds received through
institutional loans, after the student has been accepted and enrolled
and the date of the first class session is disclosed on the
enrollment agreement.
94897. An institution shall not do any of the following:
(a) Use, or allow the use of, any reproduction or facsimile of the
Great Seal of the State of California on a diploma.
(b) Promise or guarantee employment, or otherwise overstate the
availability of jobs upon graduation.
(c) Advertise concerning job availability, degree of skill, or
length of time required to learn a trade or skill unless the
information is accurate and not misleading.
(d) Advertise, or indicate in promotional material, without
including the fact that the educational programs are delivered by
means of distance education if the educational programs are so
delivered.
(e) Advertise, or indicate in promotional material, that the
institution is accredited, unless the institution has been accredited
by an accrediting agency.
(f) Solicit students for enrollment by causing an advertisement to
be published in "help wanted" columns in a magazine, newspaper, or
publication, or use "blind" advertising that fails to identify the
institution.
(g) Offer to compensate a student to act as an agent of the
institution with regard to the solicitation, referral, or recruitment
of any person for enrollment in the institution, except that an
institution may award a token gift to a student for referring an
individual, provided that the gift is not in the form of money, no
more than one gift is provided annually to a student, and the gift's
cost is not more than one hundred dollars ($100).
(h) Pay any consideration to a person to induce that person to
sign an enrollment agreement for an educational program.
(i) Use a name in any manner improperly implying any of the
following:
(1) The institution is affiliated with any government agency,
public or private corporation, agency, or association if it is not,
in fact, thus affiliated.
(2) The institution is a public institution.
(3) The institution grants degrees, if the institution does not
grant degrees.
(j) In any manner make an untrue or misleading change in, or
untrue or misleading statement related to, a test score, grade or
record of grades, attendance record, record indicating student
completion, placement, employment, salaries, or financial
information, including any of the following:
(1) A financial report filed with the bureau.
(2) Information or records relating to the student's eligibility
for student financial aid at the institution.
(3) Any other record or document required by this chapter or by
the bureau.
(k) Willfully falsify, destroy, or conceal any document of record
while that document of record is required to be maintained by this
chapter.
(l) Use the terms "approval," "approved," "approval to operate,"
or "approved to operate" without stating clearly and conspicuously
that approval to operate means compliance with state standards as set
forth in this chapter. If the bureau has granted an institution
approval to operate, the institution may indicate that the
institution is "licensed" or "licensed to operate," but may not state
or imply either of the following:
(1) The institution or its educational programs are endorsed or
recommended by the state or by the bureau.
(2) The approval to operate indicates that the institution exceeds
minimum state standards as set forth in this chapter.
(m) Direct any individual to perform an act that violates this
chapter, to refrain from reporting unlawful conduct to the bureau or
another government agency, or to engage in any unfair act to persuade
a student not to complain to the bureau or another government
agency.
(n) Compensate an employee involved in recruitment, enrollment,
admissions, student attendance, or sales of educational materials to
students on the basis of a commission, commission draw, bonus, quota,
or other similar method related to the recruitment, enrollment,
admissions, student attendance, or sales of educational materials to
students, except as provided in paragraph (1) or (2):
(1) If the educational program is scheduled to be completed in 90
days or less, the institution shall pay compensation related to a
particular student only if that student completes the educational
program.
(2) For institutions participating in the federal student
financial aid programs, this subdivision shall not prevent the
payment of compensation to those involved in recruitment, admissions,
or the award of financial aid if those payments are in conformity
with federal regulations governing an institution's participation in
the federal student financial aid programs.
(o) Require a prospective student to provide personal contact
information in order to obtain, from the institution's Internet Web
site, educational program information that is required to be
contained in the school catalog or any information required pursuant
to the consumer information requirements of Title IV of the federal
Higher Education Act of 1965, and any amendments thereto.
94898. (a) An institution shall not merge classes unless all of the
students have received the same amount of instruction. This
subdivision does not prevent the placement of students, who are
enrolled in different educational programs, in the same class if that
class is part of each of the educational programs and the placement
in a merged class will not impair the students' learning of the
subject matter of the class.
(b) After a student has enrolled in an educational program, the
institution shall not do either of the following:
(1) Make any unscheduled suspension of any class unless caused by
circumstances beyond the institution's control.
(2) Change the day or time during the period of attendance in
which any class is offered to a day when the student is not scheduled
to attend the institution or to a time that is outside of the range
of time that the student is scheduled to attend the institution on
the day for which the change is proposed unless at least 90 percent
of the students who are enrolled consent to the change and the
institution offers full refunds to the students who do not consent to
the change. For the purpose of this paragraph, "range of time" means
the period beginning with the time at which the student's first
scheduled class session for the day is set to start and ending with
the time the student's last scheduled class session for that day is
set to finish.
(c) If an institution enrolls a student in an educational program
that is conducted at a specific site at the time of enrollment, the
institution shall not convert the educational program to another
method of delivery, such as by means of distance education. This
subdivision does not apply to an educational program that also
includes a distance education component, if the student is notified
during the enrollment process, in writing, that the program contains
a distance education component.
(d) An institution shall not move the location of class
instruction more than 25 miles from the location of instruction at
the time of enrollment unless any of the following occur:
(1) The institution discloses in writing to each student before
enrollment in the educational program that the location of
instruction will change after the educational program begins and the
address of the new location.
(2) The institution applies for, and the bureau grants, approval
to change the location. The bureau shall grant the application within
60 days if the bureau, after notice to affected students and an
opportunity for them to be heard as prescribed by the bureau,
concludes that the change in location would not be unfair or unduly
burdensome to students. The bureau may grant approval to change the
location subject to reasonable conditions, such as requiring the
institution to provide transportation, transportation costs, or
refunds to adversely affected students.
(3) The institution offers a full refund to students enrolled in
the educational program who do not voluntarily consent to the change.
(4) An unforeseeable and unavoidable circumstance outside of the
control of the institution requires the change in the location of
instruction.
94899. If an institution offers an educational program in a
profession, occupation, trade, or career field that requires
licensure in this state, the institution shall have an educational
program approval from the appropriate state licensing agency to
conduct that educational program in order that a student who
completes the educational program, except as provided in Section
94905, is eligible to sit for any required licensure examination.
94899.5. (a) Institutions that offer short-term programs designed
to be completed in one term or four months, whichever is less, may
require payment of all tuition and fees on the first day of
instruction.
(b) For those programs designed to be four months or longer, an
institution shall not require more than one term or four months of
advance payment of tuition at a time. When 50 percent of the program
has been offered, the institution may require full payment.
(c) The limitations in this section shall not apply to any funds
received by an institution through federal and state student
financial aid grant and loan programs, or through any other federal
or state programs.
(d) An institution that provides private institutional loan
funding to a student shall ensure that the student is not obligated
for indebtedness that exceeds the total charges for the current
period of attendance.
(e) At the student's option, an institution may accept payment in
full for tuition and fees, including any funds received through
institutional loans, after the student has been accepted and enrolled
and the date of the first class session is disclosed on the
enrollment agreement.
