1. (a) An educational institution desiring to enroll students eligible for federal Title 38 awards shall apply to CSAAVE for approval of its courses by submitting the applicable uniform application described in Title 38 U.S. Code section 3672A(b):

   1. (1) Application For Approval Of An Institution Of Higher Learning Facility (VA Form 22-10287), and all referenced attachments and addendums; or
   2. (2) Application For Approval Of Organizations Other Than Institutions Of Higher Learning (VA Form 22-10288), and all referenced attachments and addendums.

2. (b) An educational institution shall provide the following information to CSAAVE as part of an application for approval or renewal:

   1. (1) The institution's most recent cohort default rate as reported to the United States Department of Education.
   2. (2) Non-accredited institutions shall provide evidence that the institution meets the financial responsibility requirements, pursuant to Title 38 Code of Federal Regulations part 21.4254(c)(9). The non-accredited institution shall provide the most recent financial statements submitted to the Bureau for Private Postsecondary Education.

   3. (3) Evidence of the institution's accreditation status.

      1. (A) Accredited institutions shall provide evidence demonstrating the approval status of the institution and its programs of education issued by the accreditor.
      2. (B) Non-accredited institutions shall provide evidence demonstrating the approval status and an approved program of education list issued by the Bureau for Private Postsecondary Education.
   4. (4) Whether a student, former student, or public prosecutor has filed a lawsuit against the institution for fraud, misrepresentation, or deceit within five years before an institution's application for approval or renewal, including both pending and resolved lawsuits and, if so, the institution shall promptly provide upon CSAAVE's request any document, paper, or exhibit filed in such an action or proceeding; any order or judgment of the court; and any item listed in Government Code section 68151(a).

   5. (5) If the institution makes any implied or express representation that it prepares students to work in a profession, occupation, trade, or career field requiring licensure or certification by the state, the following information shall also be disclosed:

      1. (A) Whether the institution has obtained a required approval by the appropriate state licensing or certifying agency for the profession, occupation, trade, or career field.
      2. (B) Whether the institution meets all requirements necessary to allow a student to lawfully obtain a state license or certificate.
      3. (C) The license or certificate passage rate for each program of education.
      4. (D) An employment market assessment for initial approval of a nondegree program of education.
   6. (6) To the extent that a School Performance Fact Sheet accepted by the Bureau for Private Postsecondary Education pursuant to Education Code section 94910, documents submitted to the United States Department of Education, documents submitted to the United States Department of Veterans Affairs, or previously submitted applications to CSAAVE contain information required by this section or a CSAAVE application, the institution may provide, as a part of the application, a copy of the information previously submitted or a reference, including, but not limited to, an internet website link, to the fact sheet or documents.
3. (c) In the case of a program of education where the Secretary of the United States Department of Veterans Affairs waived the requirements of Title 38 U.S. Code section 3676(c)(14) or (15), the institution shall submit a copy of the waiver described in Title 38 U.S. Code section 3676(f)(1).
4. (d) Any educational institution or program of education that makes implied or express representations that it prepares students to work in a profession, occupation, trade, or career field requiring licensing or certification by this state, shall submit evidence that the program of education is approved by the appropriate state licensing or certifying agency to conduct that program of education, and complies with Title 38 U.S. Code section 3676(c)(14) and (15) as applicable.
5. (e) An educational institution desiring to continue to enroll students eligible for federal Title 38 awards shall submit an application for renewal to CSAAVE for approval prior to the expiration of its catalog or bulletin which was approved by CSAAVE.
6. (f) An educational institution desiring to enroll students eligible for federal Title 38 awards shall submit to an on-site visit.

Note: Authority cited: Section 67102.5, Education Code; and 38 U.S.C. Section 3672. Reference: Sections 67100, 67101 and 67102, Education Code; 38 U.S.C. Sections 3672A, 3675 and 3676; and 38 C.F.R. Sections 21.4253 and 21.4254.

History

1. New section filed 10-2-2024; operative 10-2-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 40).