5 CCR s 70000

Cal. Admin. Code tit. 5, s 70000

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 7.5. PRIVATE POSTSECONDARY EDUCATION
CHAPTER 1. COUNCIL ADMINISTRATION
ARTICLE 1. GENERAL PROVISIONS
This database is current through 02/02/07, Register 2007, No. 5
s 70000. Definitions.

(a) "Act" means The Private Postsecondary and Vocational Reform Act of
1989, Chapter 7 (commencing with Section 94700) of Part 59 of Division 10
of the Education Code, including Article 2.5.

(b) "Code" means the Education Code.

(c) "Council" means the Council on Private Postsecondary and Vocational
Education.

(d) "Director" means the director appointed by the Council.

(e) "Instructor" means a person who is responsible to conduct one or more
classes or components of an institution's educational service.

(f) "Avocational Education" means education offered only for purposes of
personal entertainment, personal pleasure or enjoyment such as a hobby.
Education that directly leads to an objective other than personal
entertainment, personal pleasure or enjoyment is not "education solely
avocational in nature." Examples of education that is not "education
solely avocational in nature" include, but are not limited to, education
that in any manner does any of the following:

(1) Enables a student to qualify for any immigration status, for
which an institution is permitted to issue a Certificate of
Eligibility for Nonimmigrant Student Status by the United States
Immigration and Naturalization Service.

(2) Facilitates the development of learning skills or language
proficiency to assist a student to (A) prepare for taking the Test
of English as a Foreign Language (TOEFL), (B) enter, study, or
complete any educational program offered by an American college or
university, or (C) enhance language skills for any business or
occupational purpose.

(3) Assists a student to prepare for a test administered in
conjunction with any undergraduate or graduate educational program.

(4) Is an educational service offered to lead to any employment in
any occupation or job title.

(5) Is represented to enable a student to use already existing
knowledge, training, or skills in the pursuit of an occupation or to
develop new or enhance existing knowledge, training, or skills in
connection with any occupation or job title.

(g) "Recreational Education" is a subcategory of "Avocational Education"
as this term is defined in subsection (f). Education which is not "solely
avocational in nature" would also not be "solely recreational in nature"
as well. "Recreational Education" means education offered for purposes of
play, amusement or relaxation. It would also mean education offered for
the purpose of teaching fundamentals, skills or techniques of sports or
games. For instance, classes in ballroom dancing or golf would be
considered "solely recreational in nature" under this definition. They, of
course, would also meet the definition of "Avocational Education" in
subsection (f) as well.

Note: Authority cited: Sections 94755 and 94978, Education Code.
Reference: Sections 94700, 94722, 94733, 94740, 94750, 94753.5,
94761, 94764, 94781, 94791, 94823 and 94843, Education Code.

HISTORY

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. New subsections (f)-(f)(5) and amendment of Note filed 7-3-96 as an
emergency; operative 7-3-96 (Register 96, No. 27). A Certificate of
Compliance must be transmitted to OAL by 12-30-96 or emergency language
will be
repealed by operation of law on the following day.

4. Editorial correction of History 3 (Register 97, No. 14).

5. Reinstatement of section as it existed prior to 7-3-96 emergency
amendment
by operation of Government Code section 11346.1(f); operative 12-31-96
(Register 97, No. 14).

6. New subsections (f)-(f)(5) and (g) and amendment of Note filed 4-4-97;
operative 5-4-97 (Register 97, No. 14).

5 CCR s 70000, 5 CA ADC s 70000
1CAC

5 CA ADC s 70000

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