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Chapter 21. Private Postsecondary Education Institutions. Subchapter 1. General Provisions. Definitions.   

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(a) "Instructor." An instructor is the individual who is responsible for the routine operation of a course on its scheduled basis; a person who is the primary source of instruction, knowledge and expertise by reason of his or her constant presence or availability in the classroom or facility or through correspondence instruction. "Instructor" does not include persons designated as teaching assistants, guest lecturers, substitute teachers, teacher aides or any other personnel specifically not subject to approval by the superintendent. However, such designated personnel may be used without specific approval so long as, in the opinion of the superintendent, the quality or effectiveness of instruction is not impaired and the intent of Sections 10814(b) and 18817 is not circumvented.

(b) "Administrator." An administrator is any owner or staff member of an institution who has an active role in its operation and has responsibilities such as managing, supervising, planning, research, personnel, financial operations, or working directly with students or prospective students in a noninstructional capacity excepting personnel who function exclusively as off-site agents holding permits pursuant to Education Code Section 94333. "Administrator" does not include persons who provide support services and do not have primary responsibility for the area of operation in which they are working, custodial and maintenance staff, and outside personnel under contract.

(c) "Specific Degree." As used in Education Code Section 94310.2, "specific degree" means a degree, the title of which includes the specific academic educational, technological or professional objective attained which, in turn, is recognized by any institution operating under Education Code Section 94310.1.

(d) "Superintendent." "Superintendent" means the State Superintendent of Public Instruction and includes the Private Postsecondary Education Division where appropriate.

(e) "Avocational or Recreational Education." Education solely avocational or recreational, as used in Education Code Section 94303, is education, the object of which is not primarily to train for employment, but which is commonly pursued for personal entertainment, recreation, individual edification or as a hobby.

(f) "Makes Available." As used in Education Code Section 94312(h), "makes available" means to expressly inform the Prospective student that a catalog or brochure may readily be examined or obtained.

(g) "Institution Structured by Schools of Theology." As used in Education Code Section 94310.4, an "institution structured by schools of theology" is one in which the education is restricted primarily to courses or curriculum in theology or ministry, and other education or instruction directly related to theology or ministry, the content of which is not necessarily limited to the principles of any particular church or denomination.

Authority Cited:

Education Code 94305(b)


Education Code 94303

Education Code 94310

Education Code 94311(d) (3)

Education Code 94312(h)

Education Code 94333

(Amended by Register 89, No. 8.)