Private postsecondary education: non-English speaking students.

Existing law, the California Private Postsecondary Education Act of 2009 (act) provides, among other things, for student protections and regulatory oversight of private postsecondary schools (institutions) in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. This bill would provide that an institution is prohibited from entering into an agreement for a program or course of instruction given in English with a nonnative speaker of English, as defined, unless the prospective student first takes and passes an English proficiency test, as specified. The bill would require that English proficiency tests be given to prospective students at a place off campus by an independent test administrator without charge to the student and in accordance with all procedures and requirements specified by the test publisher. The bill would require that the tests be paid for by the institution and graded off campus by an independent test administrator. The bill would prohibit employees or representatives of the school from influencing the giving, monitoring, or scoring of the tests. The bill would provide, if a prospective student is unable to pass the tests, that it may be readministered only as specified. The bill would prohibit a student from waiving any requirement of the act, and provides that if an institution violates any provision of the act, the enrollment agreement and any other contract with the institution is unenforceable. The bill would specify further remedies and damage provisions. The bill would specify the bureau's authority and powers to enforce the act. This bill would require any written contract or agreement for educational services signed by a nonnative speaker of English with an institution to include an enrollment agreement containing specified information. The bill would require that the test and the score be placed in the student's file after enrollment. The bill would declare that its provisions are severable, and make legislative declarations and findings.