Cal. Code Regs. tit. 5 § 76000

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 76000 - Definitions

For purposes of this chapter, the following definitions apply:

(a) "California resident" means a person who resides in California at the time the enrollment agreement is signed or a person who receives lessons at a California mailing address from a qualifying institution offering distance education.

(b) "Closed institution" means an institution at which a closure has occurred.

(c) "Economic loss" means pecuniary loss, as defined in section 94923 of the Code. Economic loss also includes, any "educational opportunity loss".

(d) "Educational opportunity loss" means a loss of eligibility for third-party payer benefits that is suffered by a California resident or a person enrolled in a California residency program because they are unable to complete an educational program due to the institution's closure or due to the institution losing its eligibility to receive third-party payer benefits and no replacement of that benefit is available from the third-party payer.

(e) "Fund" means the Student Tuition Recovery Fund.

(f) "Prepaid" describes any amount of money that an institution accepts in advance of rendering educational services.

(g) "Qualifying institution" is an approved institution that is subject to the provisions of Article 14, commencing with section 94923 of the Code, including out-of-state institutions registered with the Bureau pursuant to section 94801.5 of the Code.

(h) "Residency Program" means an educational program as defined in section 94837 of the Code at a qualifying institution of which some portion of the instruction occurs as direct instruction as defined in section 71715(c).

(i) "STRF" means Student Tuition Recovery Fund.

(j) "Student Tuition Recovery Fund assessment" or "STRF assessment" means a state-imposed charge to fund this chapter that is required to be paid by a California resident student or a student enrolled in a residency program, who pays tuition to an institution.

(k) "Teach-out institution" means the institution offering a teach-out to a former student of an institution that has ceased to operate.

(l) "Third-party payer" means an employer, government program, or other entity that pays a student's charges when no separate agreement for the repayment of the charges exists between the third-party payer and the student.

Cal. Code Regs. Tit. 5, § 76000

1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of subsection (a) filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
4. Amendment of section and NOTE filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
5. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and NOTE filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
6. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and NOTE refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
8. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and NOTE refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of chapter 5 to chapter 6 filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
10. Certificate of Compliance as to 12-1-2010 order, including amendments, transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
11. Amendment filed 8-10-2017; operative 8-10-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 32).

Note: Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Sections 94874.1, 94923, 94926, 94927 and 94927.5, Education Code.

1. New section filed 3-12-92 as an emergency; operative 3-12-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-10-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-12-92 order transmitted to OAL 9-1-92 and filed 10-14-92 (Register 92, No. 42).
3. Amendment of subsection (a) filed 6-9-95; operative 7-10-95 (Register 95, No. 23).
4. Amendment of section and Note filed 9-11-2003; operative 9-11-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 37).
5. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and Note filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
6. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and Note refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
7. Reinstatement of section as it existed prior to 2-1-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 47).
8. Renumbering of former chapter 7 to chapter 5 (articles 1-4, sections 76000-76240), including amendment of chapter heading and amendment of section and Note refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of chapter 5 to chapter 6 filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).
10. Certificate of Compliance as to 12-1-2010 order, including amendments, transmitted to OAL 3-1-2011 and filed 4-12-2011; amendments operative 5-12-2011 (Register 2011, No. 15).
11. Amendment filed 8-10-2017; operative 8/10/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 32).