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AB-1355 State parks: fees.(2017-2018)

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Date Published: 04/05/2017 09:00 PM
AB1355:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1355


Introduced by Assembly Member Bocanegra

February 17, 2017


An act to amend Section 94898 of the Education Code, relating to private postsecondary education. An act to add Section 5010.3 to the Public Resources Code, relating to state parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 1355, as amended, Bocanegra. Private postsecondary education: fair business practices. State parks: fees.
Existing law gives control of the state park system to the Department of Parks and Recreation, and requires the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife for the enjoyment of future generations. Existing law authorizes the department to collect fees, rents, and other returns for the use of any state park system area, with the amounts of those charges to be determined by the department.
This bill would require the department to waive all fees for the use, including camping where permitted, of any unit of the state park system by students of the California Cadet Corps or of a public military academy in exchange for completing a community service project at the unit that has been approved in advance by state park officials and staff of the California Cadet Corps or the academy, as applicable.

Existing law, 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. Existing law prohibits an institution that is subject to the act’s provisions from moving the location of class instruction more than 25 miles from the location of instruction at the time of enrollment, except as provided.

This bill would restrict the institution from moving the location of instruction to no more than 15 miles from the location of instruction at enrollment.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5010.3 is added to the Public Resources Code, to read:

5010.3.
 The department shall waive all fees for the use, including camping where permitted, of any unit of the state park system by students of the California Cadet Corps or of a public military academy in exchange for completing a community service project at the unit that has been approved in advance by state park officials and appropriate staff of the California Cadet Corps or the academy, as applicable.

SECTION 1.Section 94898 of the Education Code is amended to read:
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 15 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.