AB 2771: California Private Postsecondary Education Act of 2009.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

The California Private Postsecondary Education Act of 2009 provides, among other things, for student protections and regulatory oversight of private postsecondary educational institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act requires the Director of Consumer Affairs to provide biannual written updates to the Legislature that describe the bureau’s progress in protecting consumers and enforcing the act, as specified. The act requires institutions to report to the bureau specified investigations and actions by oversight entities within 30 days. The act is repealed on January 1, 2027.

This bill would revise and recast the act’s provisions. The bill would instead require the director to provide those written updates to the Legislature annually. The bill would additionally require institutions to report bankruptcy filings, felony charges against the institution or specified persons, and certain civil actions or arbitrations to the bureau, as provided. The bill would specify that an institution’s failure to provide the bureau with a required report is a material violation and subjects the institution to citation, probation, suspension, or revocation of its approval to operate. The bill would authorize the bureau to deny an application for approval to operate if the institution would be owned, controlled, or managed by a person who previously owned, controlled, or managed an institution that closed without providing required student refunds or appropriately preserving and making available records.

The act requires an out-of-state private postsecondary educational institution to register with the bureau, pay a fee, and comply with additional delineated requirements, including reporting to the bureau certain enforcement or adverse occurrences. The act requires the bureau, after receipt of such a report, to determine if the institution will be permitted to continue to enroll new students, as provided. The act requires the bureau to receive complaints about these institutions.

This bill would instead authorize the bureau, after receipt of a report or a complaint, to request from the institution information necessary to determine whether the institution’s registration should be revoked or have conditions placed on it.

The act applies to private entities with a physical presence in the state that offer postsecondary education to the public for a charge, but exempts certain institutions from its application, including certain institutions that only offer educational programs to members of a bona fide trade or fraternal organization, as specified, certain religious organizations if instruction is limited to the principles of that religious organization, certain flight instruction providers or programs if they meet specified student loan and prepayment conditions, and institutions that do not award degrees and that solely provide educational programs for total charges of $2,500 or less, as provided.

This bill would clarify that institutions can qualify for the trade or fraternal organization exemption only if they offer nondegree educational programs to those members, and that adding religious perspectives or verbiage to the titles or descriptions of otherwise secular programs does not limit instruction to the principles of that religious organization for purposes of the religious organization exemption. The bill would remove those student loan and prepayment conditions from the flight instruction exemption and would specify that the $2,500 or less program exemption does not apply to institutions that provide any training or curriculum for Class A, B, or C commercial driving licenses, except as specified. The bill would specify processes for and limits on granting a verification of exemption.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 14, 2026Chaptered by Secretary of State - Chapter 217, Statutes of 2026.
2. September 14, 2026Approved by the Governor.
3. September 3, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 26, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 4. Page 6591.).
5. August 25, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 25, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.).
7. August 24, 2026Read second time. Ordered to third reading.
8. August 21, 2026Read third time and amended. Ordered to second reading.
9. August 17, 2026Read second time. Ordered to third reading.
10. August 13, 2026Read second time and amended. Ordered returned to second reading.
11. August 13, 2026From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 13).
12. August 3, 2026In committee: Referred to APPR. suspense file.