1. (a) An institution seeking a change of location as defined in Section 94823.5 of the Code shall complete a form with the requirements of this section to obtain prior authorization. The form shall be submitted at least 60 calendar days prior to the proposed date of the change in location unless an unforeseen and unavoidable circumstance outside the control of the institution requires an earlier change; in which case it shall be submitted no later than 30 calendar days following the change in location. The form shall be submitted to the Bureau along with the appropriate fee as provided in Section 94930.5(c) of the Code.

   1. (1) By each owner of the institution or each partner in a partnership, or
   2. (2) If the institution is incorporated by the chief executive officer or president of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
   3. (3) If the institution is a nonprofit corporation or a public institution, by the chief executive officer or president.

   It shall be signed with original or digital signature and dated, and each fact stated therein, and each attachment thereto shall be declared to be true under penalty of perjury, as follows:

2. (b) The application shall establish that the institution can meet the minimum operating standards contained in Chapter 3, and shall include:

   1. (1) The name, school code, current and proposed addresses, and telephone and fax numbers of the institution;
   2. (2) A description of the proposed physical facilities, including building diagarams or campus maps. The diagram or maps shall identify at a minimum, the locations of classrooms, laboratories, workshops and libraries;
   3. (3) A description of any equipment to be used at the proposed facilities that is different from the equipment used at the present facility;
   4. (4) The date on which the institution intends to offer instruction at the new location;
   5. (5) The distance between the approved location and the proposed new location;
   6. (6) The reason for the move;
   7. (7) A description of the actions taken to notify students, if any, pursuant to section 94898(d)(1) of the Code, and whether the institution has offered a full refund to students pursuant to section 94898(d)(3) of the Code; and
   8. (8) The name, address, email address, telephone and fax numbers for the institution's contact person for the purpose of this application.
3. (c) The Bureau may deem the actions that the institution takes to notify students of the proposed change of location to be sufficient notice for purposes of section 94898(d)(2).

4. (d) An institution that has been granted an approval to operate by means of accreditation shall notify the Bureau of the substantive change within 30 days of that change on the Change of Location form, by providing the information required in sections (b)(1), (b)(8) of this section and shall attach certification from the institution's accreditation agency demonstrating that the substantive change was made in accordance with the institution's accreditation standards, and complies with the Act and this Division.

   1. (1) By each owner of the institution or each partner in a partnership, or
   2. (2) If the institution is incorporated by the chief executive officer or president of the corporation and each person who owns or controls 25 percent or more of the stock or interest in the institution, or
   3. (3) If the institution is a nonprofit corporation or a public institution, by the chief executive officer or president.

   The application for change of location for an institution approved by means of accreditation shall be signed with original or digital signature and dated and each attachment thereto shall be declared to be true under penalty of perjury, as follows:

Note: Authority cited: Sections 94803 and 94895, Education Code. Reference: Sections 94823.5, 94893, 94894, 94895, 94896, 94898(d) and 94930.5, Education Code.

History

1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A Certificate of Compliance must be transmitted to OAL 2-13-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on 2-3-93; disapproved by OAL on 3-24-93 (Register 93, No. 14).

3. New section refiled 4-12-93 as an emergency; operative 4-12-93 (Register 93, No. 16). A Certificate of Compliance must be transmitted to OAL 10-9-93 pursuant to Education Code section 94337(a) or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on 10-6-93; disapproved by OAL on 11-22-93 (Register 93, No. 49).

5. New section refiled 11-17-93 as an emergency; operative 11-17-93 (Register 93, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-16-94 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with amendment of subsections (a) and (d) 3-11-94 and filed 4-19-94 (Register 94, No. 16).

7. Renumbering and amendment of former article 6 heading to article 7 (sections 71500-71655) and amendment of section heading, 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.

8. Renumbering of former article 6 heading to article 7 (sections 71500-71655) and amendment of section heading, section and Note refiled with additional amendments 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.

9. Editorial correction of Histories 1 and 3 (Register 2010, No. 34).

10. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsections (b)(2), (d) and (d)(1), transmitted to OAL 10-7-2010 and filed 11-18-2010 (Register 2010, No. 47).

11. Amendment of subsection (a), new subsections (a)(1)-(3), amendment of subsection (d)(1) and new subsections (d)(2)-(3) filed 8-1-2024; operative 10-1-2024 (Register 2024, No. 31).