Postsecondary education: interstate reciprocity agreements for distance education: out-of-state postsecondary educational institutions.

Plain English Breakdown

The exact requirements for out-of-state schools to get special approval are not detailed in this summary.

Distance Education Agreements for Out-of-State Schools

This law allows the Governor to make agreements with other states so out-of-state schools can offer online classes to California students under certain conditions, starting January 1, 2028.

What This Bill Does

• Allows the Governor to create interstate reciprocity agreements for distance education on or before January 1, 2028.
• Requires the Governor to designate a state agency for implementing these agreements if one is made.
• Lets out-of-state schools apply to this designated entity for approval to offer online classes in California under these agreements.

Who It Names or Affects

• Out-of-state postsecondary educational institutions offering distance education to California students
• The Governor and state agencies involved in implementing these agreements

Terms To Know

Interstate reciprocity agreement

An agreement between states that allows out-of-state schools to offer online classes without following all of the rules of each individual state.

Distance education

Classes or courses taken over the internet instead of in a physical classroom.

Limits and Unknowns

• The bill does not specify what happens if the Governor does not enter into an agreement by January 1, 2028.
• It is unclear how many schools will apply for approval under these agreements and whether they will be granted it.

Official Summary Text

SB 790, as amended, Cabaldon.
Postsecondary education: interstate reciprocity agreements for distance education: out-of-state postsecondary educational institutions.
(1) Existing federal law requires a postsecondary educational institution that offers distance education to students located in a state in which the postsecondary educational institution is not physically located to meet any of that state’s requirements for it to offer distance education in that state. Existing federal law authorizes a state to participate in an interstate reciprocity agreement to comply with this requirement.
This bill would authorize the
Governor
Governor, on or before January 1, 2028,
to enter into one or more interstate reciprocity agreements for distance education through a compact on behalf of the state upon
issuing certain written findings and after certain committees of the Legislature hold a joint hearing on the agreement, as provided. This bill would require the Governor to designate a state agency, department, or office for the implementation of an interstate reciprocity agreement for distance education if the Governor enters into such an agreement, as provided. The bill would authorize postsecondary educational institutions to apply to the designated entity for approval to operate under an interstate reciprocity agreement, as specified.
(2) The California Private Postsecondary Education Act of 2009 provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act requires an out-of-state private postsecondary educational institution to register with the
bureau, pay a fee, and comply with additional delineated requirements. Existing law provides exemptions from the act for, among others, accredited, degree-granting, nonprofit, higher education institutions and degree-granting public higher education institutions.
Beginning January 1, 2028,
If the Governor enters into an interstate reciprocity agreement,
this bill would subject any
public or private entity without a physical presence in this state that offers a degree program through distance education to California students
accredited, degree-granting, nonprofit, higher education institutions and degree-granting public higher education institutions
to the act unless the entity is approved pursuant to an interstate reciprocity agreement.

Current Bill Text

Download Bill PDF