The Bureau

Bureau of Private Postsecondary Education
BPPE The Bureau (Bureau of Private Postsecondary Education aka BPPE) is a department of the California Department of Consumer Affairs. The Bureau is responsible for regulating private postsecondary educational institutions that operate in California. To legally operate a postsecondary (after high school) institution in California you must be approved by the BPPE or prove you are exempt from the Bureau's oversight. The BPPE is not an accrediting agency. Its primary purpose is the protection of students and the prevention of fraudulent diploma and degree mills.

A Qualitative Review of Licensing Applications

How do I get approved?
 To get approved you must submit an application. The Bureau reviews institutions through a qualitative review of licensing applications and states that: An approval to operate shall be granted only after an applicant has presented sufficient evidence to the Bureau, and the Bureau has independently verified the information provided by the applicant through site visits or other methods deemed appropriate by the Bureau, that the applicant has the capacity to satisfy the minimum operating standards. The Bureau shall deny an application for approval to operate if the application does not satisfy those standards.

To get approved to operate a non-degree institution that offers certificate programs you must submit an Application for Approval to Operate an Institution Non-Accredited via mail or online. All other types of applications (like add programs or exemptions) must be submitted via mail.

Application for Approval to Operate an Institution Non-Accredited

How do I submit an application for approval?
 The "Application for Approval to Operate an Institution Non-Accredited" is the application you have to submit to get approved to operate a postsecondary school in California unless you are going to charge less than $2,500 for a program and then you can seek exemption. See exemptions.
The Online Process
 The Bureau has an Online Application for this application that requires the completion of a one-time registration. This will provide you with username, which will be the email address used during registration and password for log in.
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How long do it take?

How to Calculate Your Timeline

The Bureau states on its applications page that it is presently working on Applications for Approval to Operate an Institution Non-Accredited deemed complete in June 2023 and that applications are reviewed and processed in the order received.
Please note: Working on means that someone is reviewing it, not that it has been approved. Deemed complete means that you have completed the application form and submitted exhibits for each section. It doesn't confirm that your exhibits or your application meet the standards. If you are trying to calculate how long, it will be before you receive BPPE approval you should take into account a number of factors.
  • First: You must calculate how long it will take for you to create and gather all the documents required for a successful application.
  • Second: You can calculate that if an application were deemed complete today then the BPPE is taking seven months according to its applications page to make its initial review of an application at the present time.
  • Third: The initial review will elicit several questions and amendments that would need to be made.
  • Phlebotomy Training Program Approval
No application has ever been accepted by the Bureau on its initial submission.
  • You will receive a letter from the BPPE giving you an application number and an institutional number.
  • The letter will state that at this time the BPPE is unable to grant approval and that you must correct certain deficiencies.
  • The letter will be signed by the Licensing Analyst who was assigned your application.
  • They will cite the issues and the corresponding law codes that govern the submission of the application.
  • They will also give you the date by which you should respond.
  • That date is usually one month from the date of the letter.
You should respond to the deficiencies as soon as you can. If you have corrected all the deficiencies to the satisfaction of the Licensing Analyst, they may forward your application with a recommendation for approval to the Bureau Chief. So, the best case scenario is if you had submitted it in March, you would get your approval by September. Seven full months.
  • Fourth: More often than not, however, after review by the Licensing Analyst the application is forwarded to an Educational Specialist in the Quality of Education Unit (QEU). They will review the application as a whole again and may have further issues with it, but their main focus will be on the educational programs and their delivery.
If you wish to offer online programs, then your application will definitely be forwarded to them for review. This may take another two to three months before your application satisfies the minimum operating standards and they will insist on reviewing the Learning Management System you will use to host and track your online programs.
To summarize:
  • Create the application and exhibits: 1 to 3 months.
  • Submit application to BPPE and wait: 6 months. (at the present time)
  • First initial review by the BPPE: 1 month.
  • Response to initial review by you: 1 month.
  • Forward to QUE for further review: 1 to 2 months
  • QEU review: 1 month.
  • Response to QEU review by you: 1 month.
  • Approval letter: 1 month
Thus, depending on the type and number of programs it can take between 7 to 14 months to achieve BPPE approval. Happily, you won't have to seek reapproval for another six years, but you will have to submit an annual fee and an annual report once a year. I believe this to be an accurate description of how to calculate the timeline for your application.

Contingencies

There are a number of other factors that may play a role in the length of time it might take to achieve approval. If for example the program must be approved by the BPPE and another agency such as the California Department of Public Heath, then you may have to seek approval from both agencies at the same time. This will affect your timeline. List of other programs that require another agency's approval:

  • Nurse Assistant: The California Department of Public Health, Aide Technician Certification Section, Training Program Review Unit
  • Massage Therapy: The California Massage Therapy Council
  • Vocational Nursing: The Board of Vocational Nursing and Psychiatric Technicians
  • Phlebotomy: The California Department of Public Health Laboratory Field Services
  • Cosmetology and Barbering: The Board Barbering and Cosmetology
  • Acupuncture: The California Board of Acupuncture
  • Smog Check Repair Technician: The Bureau of Automotive Repair
  • Security Guard: The Bureau of Security and Investigative Services
  • Real Estate Agent: The California Bureau of Real Estate Appraisers
  • Contractor's License: Contractor State License Board
  • Funeral Director: Cemetery and Funeral Bureau

LIST OF EXHIBITS THAT WILL BE REQUIRED

1. INSTITUTION (5 C.C.R. Section 71110)
 This is the application itself. It is called an Application for Approval to Operate for an Institution Non-Accredited. "Non-Accredited" because, as a new institution, you are not accredited. To be clear, the Bureau does not accredit. The Bureau approves.

2. FORM OF BUSINESS ORGANIZATION (5 C.C.R. Section 71120)
 You must submit the corporation documents for the type of corporation you have formed. If you have a corporation, you must submit a copy of the articles of incorporation and bylaws. If you have a limited liability corporation, you must submit a copy of your articles of organization. If you haven't decided what type of corporation to form, you could use the incorporation wizard on the www.wolterskluwer.com to decide.

3. OWNER(S) (5 C.C.R. Section 71110, 71130)
They require a list of all people who own or control 25% or more of the stock or interest in the Institution or any other person who exercises substantial control over the Institution's management or policies, or any other financial involvement in the Institution. You must supply each person's name, address, phone number, and email address..

4. AGENT FOR SERVICE OF PROCESS WITHIN CALIFORNIA (5 C.C.R. Section 71135)
 You must supply the name and address of your agent of service. The address must be in California. IT CANNOT be a P.O. Box or the school address. This can be your home address.

5. ORGANIZATION AND MANAGEMENT (5 C.C.R. Section 71140)
You must supply a list of everyone involved in the institution and create an organizational chart that shows the governance and administrative structure of the institution and the relationship between faculty and administrative positions. Each institution must have a chief executive officer, an operating officer, and a chief academic officer. One person may serve more than one function but you can';'t be all three positions. Regulations state that a chief academic officer shall possess a degree or equivalent acceptable experience at least equal to the highest qualifications required of the institution's faculty.

6. GOVERNING BOARD (5 C.C.R. Section 71150)
 If you institution has a governing board, the application will need the name, email address, work address and telephone number of each governing board member. Typically, governing boards are responsible for providing direction and oversight of key objectives for nonprofits and corporations.

7. MISSION AND OBJECTIVES (5 C.C.R. Section 71170)
 The institution must describe in detail its mission and objectives.

8. INSTITUTION REPRESENTATIVE (5C.C.R. Section 71160)
 This is the person with whom the BPPE will correspond and conduct legal transactions on behalf of the institution.

9. EXEMPLARS OF STUDENT AGREEMENTS (5 C.C.R. Section 71180)
 This is the Enrollment Agreement that the student must sign before starting class. It is highly regulated. The BPPE supplies applicants with an Enrollment Agreement Checklist that specifies what must be in the document.

10. FINANCIAL AID POLICIES, PRACTICES, AND DISCLOSURES (5 C.C.R. Section 71190)
 This section is usually not applicable to a new applicant. You should consider how students will pay for their tutition. You could create samples for possible forms of financial assistance that the school might offer prospective students.

11. ADVERTISING AND OTHER PUBLIC STATEMENTS (5 C.C.R. Section 71200)
The institution must include copies of advertising and other statements disseminated to the public in any manner by the institution or its representatives. DO NOT CREATE A WEBSITE THAT IS OPEN TO PUBLIC VIEW UNTIL APPROVED BY THE BPPE.

12. INSTRUCTION AND DEGREES OFFERED (5 C.C.R. Section 71210)
You will need to identify and describe the educational program(s) the Institution proposes to offer and create the following for each program.
  • The admissions requirements include minimum levels of prior education, preparation, or training.
  • If applicable, information regarding the ability-to-benefit examination is required by section 94904 of the Code.
  • The types and amount of general education required.
  • The title of the educational programs and other components of instruction offered.
  • The method of instruction.
  • The graduation requirements.
  • If the educational program is designed to fit or prepare students for employment in any occupation, identify each occupation and job title to which each educational program is represented to lead.
13. DESCRIPTION OF EDUCATIONAL PROGRAM (5 C.C.R. Section 71220)
 You must describe the following for each educational program:
  • The equipment to be used during the educational program
  • The number and qualifications of the faculty needed to teach the educational program.
  • A projection and the bases for the projection of the number of students that the Institution plans to enroll in the educational program during each of the three years following the application submission date.
  • The learning, skills, and other competencies to be acquired by students who complete the education program
  • If licensure is a goal of an education program, a copy of the approval from the appropriate licensing agency. A copy of the intent to approve conditioned solely upon institutional approval from the Bureau will also meet this requirement.
You will need a full curriculum for each program with a syllabus for each course in each program as well. Online programs require a description of the learning platform and a username and password to review the platform. You must have your online LMS ready for review.

14. INSTRUCTION IN LANGUAGES OTHER THAN ENGLISH (5 C.C.R. Section 71230)
 As long as you teach English, this isn't a concern.If you wish to teach in a langauge other than english then you will need to translate all major documents and demonstrate that you have contracted with sufficient duly qualified faculty who will teach each language group of students. You must indicate the language of the textbooks and other written materials to be used by each language group of students.

15. FINANCIAL RESOURCES AND STATEMENTS (5 C.C.R. Section 71240)
 You will have to submit current, reviewed financial statements that comply with 5 C.C.R. section 74115 and this application for approval. This requires the assistance of a Certified Public Accountant (C.P.A.) and can cost between $5,000 to $7,000, depending on the complexity of the audit. The fee varies depending on whether you are a start-up company, or your company is an ongoing concern.

16. FACULTY (5 C.C.R. Section 71250)
 Although the application only seems to require confirmation that the institution has contracted sufficient duly qualified faculty members who meet the qualification of 5 C.C.R. section 71720. You will need to provide resumes, transcripts, proof of qualifications, and a signed "tentative" teacher's contact for each faculty member to teach the programs. You can wait until the BPPE response before you have to submit it.

17. FACILITIES AND EQUIPMENT (C.C.R. Section 71260)
 For each program offered, describe the facilities and the equipment, which is available for use by students at the main, branch, and satellite locations of the school will need to provide.
  • For leased or rented facilities, including the name and address of the lessor or landlord, together with a copy of any use, lease, or rental agreements for the facilities.
  • Include building diagrams or campus maps. The diagrams or maps shall identify the location of classrooms, laboratories, workshops, and libraries.
  • Include specifications of significant equipment that demonstrate that the equipment meets the standards prescribed by the Code and is sufficient to enable students to achieve the educational objectives of each educational program. For each item of significant equipment, indicate whether the equipment is owned, leased, rented, or licensed for the short or long term or owned by another and loaned to be used without charge.
  • List all permits, certifications, or other evidence of inspections or authorizations to operate required by the jurisdictions within which the Institution operates that the Institution has obtained, and an explanation as to why those permits, certifications, or inspections have not yet been obtained.
You will need the school's lease agreement and floor plan; photos are good too. You can wait until you are closer to approval to submit these, but they will want to see a "tentative" lease agreement for the location. In other words, you don't have to sign it.

18. LIBRARIES AND OTHER LEARNING RESOURCES (5 C.C.R. Section 71270)
 You need to describe library holdings, services, and other learning resources, including policies and procedures for supplying them to students who do not receive classroom instruction. You must include an explanation of how the library and other learning resources are sufficient to support the instructional needs of students if no facilities exist at the institution and how and when students may obtain access to a library and other learning resources as required by the curriculum.

19. JOB PLACEMENT ASSISTANCE (5 C.C.R. Section 71280)
 If an institution represents to the public, in any manner, that it offers job placement assistance, include a description of the job placement assistance that it provides..

20. COPY OF CATALOG (5 C.C.R. Section 71290)
 The Bureau places great emphasis on the catalog.

21. GRADUATION OR COMPLETION DOCUMENTS (5 C.C.R. Section 71300)
 You must submit a copy of the document awarded to a graduating student upon successfully completing each educational program.

22. RECORDKEEPING; CUSTODIAN OF RECORDS (5 C.C.R. Section 71310)
 You must describe how records required by Article 9 of the Act are or will be organized and maintained, the types of documents contained in student files, how the records are stored, and whether academic and financial records are maintained in separate files. You must also include a statement of the Institution's procedures for security and safekeeping of records.

23. SELF_MONITORING PROCEDURES
 You must describe the procedures used by the institution to assure that the institution is operated and maintained in compliance with the Act and this Division.

Licensing Applications:
 

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