1. (a) At least 30 calendar days prior to closing, an authorized representative of the institution shall notify the Bureau in writing at the email address [email protected] or by mail to the mailing address specified in section 70020 of its intention to close and also provide a closure plan. For purposes of this article, “authorized representative” shall mean any owner who owns or controls 25 percent or more of the stock or interest in the institution, or any chief academic officer, chief executive officer, chief operating officer, institution director, or compliance officer.

2. (b) The closure plan shall include:

   1. (1) The institution's name, its school code assigned by the Bureau, physical address, mailing address, phone number, website address (if any), and whether the site is a main campus, branch campus, or satellite location. If more than one location is closing, a separate closure plan is required for each location.
   2. (2) The exact date of the closure and the reason for the closure.
   3. (3) The last date of instruction for each educational service or program.
   4. (4) The name, title, mailing address, email address, and telephone number of the individual who will function as the institution's contact person for purposes of the closure process.

   5. (5) A list of students who were enrolled at any time during the time period prior to closure as provided in section 94923(b)(2)(B) and (C) of the Code, which shall include the following student-level information, when applicable, for each student:

      1. (A) Student identification number;
      2. (B) First and last names;
      3. (C) Email address;
      4. (D) Mailing address;
      5. (E) Address at the time of enrollment;
      6. (F) Home address;
      7. (G) Telephone number;
      8. (H) Date enrollment agreement signed by the student;
      9. (I) Name of the educational program enrolled in as specified in the student's enrollment agreement, and enrolled program cost;
      10. (J) Third-party payer identifying information;
      11. (K) Total institutional charges charged;
      12. (L) Total institutional charges paid;
      13. (M) Whether or not the student is entitled to an institution-provided refund as a result of the closure, as required by section 94927 of the Code; and
      14. (N) Graduation date, for students who completed their programs prior to closure.
   6. (6) A written description of how the institution will maintain the student records as required by section 94900 of the Code and section 76140, including the name, physical address, email address, and telephone number of the custodian of records.
   7. (7) A written description of how the institution will notify the students identified in subsection (b)(5), in writing, either by mail to their current address or to their current email address, of the information required to be sent to students in subsection (c).

3. (c) The institution shall provide written notice to all students identified in subsection (b)(5), either by mail to their current address or to their current email address, that shall include:

   1. (1) Notice of the closure and the date of closure provided to the Bureau pursuant to subsection (b)(2);
   2. (2) The name, physical address, email address, and phone number for the custodian of records and instructions on how students can access their institution records;
   3. (3) The statement regarding the Office of Student Assistance and Relief required to be included in the institution's catalog by section 94909(a)(3)(D) of the Code; and
   4. (4) If the institution is a participant in federal student financial aid programs, it shall provide students information pursuant to section 94926(c) of the Code.

4. (d) In addition to the requirements of subsection (b), if as a result of the closure any student will not complete their educational program, the institution shall provide to the Bureau at the email address or mailing address prescribed in subsection (a):

   1. (1) A copy of any written agreements with other institutions for providing teach-outs, if applicable.
   2. (2) A copy of any written agreements with other institutions for accepting transfers, if applicable.
   3. (3) A copy of the institution's arrangements, as required by section 94926 of the Code, for making refunds within 45 calendar days from the date of closure to all students who will not complete their educational program, and who also choose not to participate in any teach-out arranged.
   4. (4) If the institution participates in federal student financial aid programs authorized by Title IV of the Higher Education Act of 1965, a copy of the institution's arrangements, as required by section 94926 of the Code, to return federal student financial aid program funds.
5. (e) In addition to the requirements of subsection (c), for all students who will not complete their educational program as a result of the closure, the notice of closure provided to those students shall state whether there have been teach-out or transfer arrangements made, and if so, the name(s) of the institution(s) providing the teach-out or accepting transfers, and those institutions' physical address, email address, and phone number. The notice shall also include the student's right to refuse to participate in a teach-out and to instead obtain a refund from the institution, and the web address for the Student Tuition Recovery Fund (STRF) page on the Bureau's internet website.
6. (f) Within 5 calendar days after an institution provides notice of closure to affected students in subsections (b)(5) and (e), the institution shall provide an exemplar copy or copies of the notice or notices described in subsection (c) and, if applicable, subsection (e), to the Bureau at the email address or mailing address prescribed in subsection (a).

All institutions, including those exempt from Bureau regulation pursuant to the Code, shall do the following prior to closing:

Note: Authority cited: Sections 94803 and 94877, Education Code. Reference: Sections 94874.5, 94909, 94911, 94923, 94926, 94927 and 94927.5, Education Code.

History

1. New section filed 8-3-2000 as an emergency; operative 8-3-2000 (Register 2000, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-2000 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 13).

3. Relocation and amendment of article 4 heading from section 76220 to section 76240 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.

4. Relocation and amendment of article 4 heading from section 76220 to section 76420 and amendment of section heading, 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.

5. 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).

6. Relocation and amendment of article 4 heading from section 76220 to section 76420 and amendment of section heading, section and Note refiled 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.

7. Editorial correction implementing section heading change from 7-30-2010 emergency action (Register 2011, No. 14).

8. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).

9. Amendment of section heading, section and Note filed 10-31-2024; operative 1-1-2025 (Register 2024, No. 44).