5 CCR s 71000

Cal. Admin. Code tit. 5, s 71000

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 7.5. PRIVATE POSTSECONDARY EDUCATION
CHAPTER 2. DEGREE-GRANTING PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 1. GENERAL PROVISIONS
This database is current through 02/02/07, Register 2007, No. 5
s 71000. Definitions.

(a) The definitions contained in Section 94302 of the Code apply to this
chapter.

(b) "Academic Freedom" describes conditions at an institution where
scholars and teachers are allowed latitude with respect to their
discussions with students and the positions they take. Under such a
policy, a faculty member can articulate or even advocate positions or
concepts which may be controversial in nature without fear of retribution
or reprisal. Since the degree of Academic Freedom permitted will
frequently depend heavily on the nature of the institution and its
purposes, it is important for each institution to articulate its own
policies pursuant to Section 71720(i).

(c) "Chapter" means Chapter 2 of Division 7.5 of Title 5 of the California
Code of Regulations.

(d) "Chief academic officer" means the person primarily responsible for
the administration of an institution's academic affairs including the
supervision of faculty, development of educational programs and curricula,
and implementation of the institution's mission, purposes and objectives.

(e) "Chief executive officer" means the person primarily responsible for
the overall administration of an institution, including the supervision of
the chief academic officer and the chief operating officer. The chief
executive officer is often, but need not be, called the "president."

(f) "Chief operating officer" means the person primarily responsible for
the administration of an institution's business operations, including
finances, management, personnel, and contracting for goods, services, or
property.

(g) "Credential" means publicly demonstrated skills and experiences whose
achievement has been recognized by an official credential or award given
by a professional association. This recognition can also be achieved if
there is a general acceptance and recognition by members of the profession
or industry in the field in which the person will teach.

(h) "Curriculum" means an organized set of courses or discrete modules of
learning which are prerequisite to the award of a degree or diploma.

(i) "Degree program" means a curriculum leading to the award of an
academic degree that is prescribed for students who must demonstrate
achievement of satisfactory learning outcomes established by the
institution to earn the academic degree.

(j) "Degree title" is synonymous with the same term used in Education Code
Section 94302(o).

(k) "Duly qualified faculty" or "faculty member" means a person who
satisfies all of the following:

(1) The person possesses one of the following:

(A) A degree from an institution previously approved or authorized
by the Superintendent of Public Instruction, or approved by the
Council, a public or private institution of higher learning
accredited by an association recognized by the United States
Department of Education, or a foreign or other state approved
institution of higher learning if the institution employing the
faculty member documents that the foreign or other state approved
institution at which the faculty member earned his or her degree
offers degree programs equivalent to degree programs that are
approved by the Council or that are regionally accredited.

(B) A credential generally recognized in the field of instruction.

(2) The degree, professional license, or credential possessed by
the person shall be at least equivalent to the level of instruction
being taught or evaluated.

(3) The person has entered an agreement with the institutions
whereby the person is obliged to conduct one or more of the courses
in the institution's curriculum, advise and consult with individual
students, or facilitate and evaluate student learning outcomes and
progress.

( l) "Educational program" is any progressive or planned system of
training, instruction or study and includes two broad categories
which are termed (1) degree programs and (2) non-degree programs.

(m) "Emerging new fields of study" means a subject area that is not
generally recognized by colleges and universities and by the
Council, at the time of the Council's evaluation of the field, as a
discipline for degree study in higher education.

(n) "Fees" means any charges to students for goods and services,
including equipment, supplies and the use of learning resources,
provided by the institution that are not included in the tuition.
Fees do not include the cost of textbooks or memorabilia or other
purchased items not required for the course of study.

(o) "Innovative method of instruction" or "unique method of
instruction" means a new method of instruction, not previously
generally recognized by accredited and approved degree granting
institutions, as a reasonable approach to teaching a specific
curriculum.

(p) "Mission" means an institution's stated educational reasons to
exist. The mission shall have all of the following characteristics:

(1) The mission shall include the institution's broad expectations
concerning the education which students will receive, including the
acquisition of the body of knowledge presented in the educational
program, the development of intellectual, analytical, and critical
abilities, and the fostering of values such as a commitment to
pursue lifelong learning;

(2) The mission shall relate to the educational expectations of the
institution's students and faculty and the community which the
institution serves.

(q) "Objectives" are methods by which the institution transforms
its mission into measurable student learning outcomes.

(r) "Prior experiential learning" or "college level learning
experience" means learning of a postsecondary nature as documented
learning from a related profession, college level equivalent tests,
military training or other college level equivalent experience.

(s) "Purposes" or "goals" means the methods or educational emphases
chosen by an institution to fulfill its mission. The institution's
purposes relate to why the institution was founded, its particular
point of view, its unique or special character, and its relationship
to the community it serves.

(t) "Quarter" means at least 10 weeks of instruction or its
equivalent as described in subdivision (u)(2).

(u) "Quarter unit" means either of the following:

(1) At least ten (10) hours of college or university level
instruction during a quarter plus a reasonable period of time
outside of instruction which an institution requires a student to
devote to preparation for planned learning experiences, such as
preparation for instruction, study of course material, or completion
of educational projects; or

(2) Planned learning experiences equivalent to the learning and
preparation described in paragraph (1) as determined by duly
qualified faculty responsible for evaluating learning outcomes for
the award of unit credits.

(v) "Semester" means at least 15 weeks of instruction or its
equivalent as described in subdivision (w)(2).

(w) "Semester unit" means either of the following:

(1) At least fifteen (15) hours of college or university level
instruction during a semester plus a reasonable period of time
outside of instruction which an institution requires a student to
devote to preparation for planned learning experiences, such as
preparation for instruction, study of course material, or completion
of educational projects; or

(2) Planned learning experiences equivalent to the learning and
preparation described in paragraph (1) as determined by duly
qualified faculty responsible for evaluating learning outcomes for
the award of unit credits.

(x) "Tuition" means the cost for instruction normally charged on a
per unit or per hour basis. It does not include itemized fees or the
cost of textbooks, supplies, transportation, or equipment.

(y) "Unit" or "unit of credit" means a measure of college or
university level instruction that is evaluated by duly qualified
faculty.

(z) "Vocational diploma program" means an educational program
having all of the following characteristics:

(1) The educational program consists of a job training program or
other instruction, training, or education that the institution
represents will fit or prepare students for employment in any
occupation.

(2) The institution offers the educational program to students who
do not possess a bachelor's or graduate degree in the field of
training.

(3) The institution confers a diploma on students who complete all
or a portion of the educational program.

(aa) "Academic year" for a residential program means a term consisting of
30 weeks of instruction and testing which may be divided into shorter
terms such as semester, quarters or trimesters. For a correspondence
program, "academic year" means the completion of 24 semester units or the
equivalent in other units of credit.

(bb) "Full-time Study" means a student is enrolled at the undergraduate
for 12 or more semester units of credit (or the equivalent in other units
of credit) or is enrolled at the graduate equivalent in other units of
credit of courses ranked as graduate level).

Note: Authority cited: Sections 94305 and 94337, Education Code.
Reference: Sections 94310, 94312 and 94316, Education Code.

HISTORY

1. New chapter 2 (articles 1-18, sections 71000-71930, nonconsecutive)
filed 8-17-92 as an emergency; operative 8-17-92 (Register 92, No. 34). A
Certificate of Compliance must be transmitted to OAL 12-15-92 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
8-10-93
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 chapter 2 and 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
amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).

5 CCR s 71000, 5 CA ADC s 71000
1CAC

5 CA ADC s 71000

END OF DOCUMENT