People Ex Rel. Riles v. Windsor Univ., Inc.
Opinion
Lead Opinion
Hastings, J.
This is an appeal from a summary judgment granting a permanent injunction to the Superintendent of Public Instruction (plaintiff or Superintendent where appropriate) prohibiting Windsor University (University) from (1) “offering without the approval of the . . . Superintendent . .. courses that lead to a vocational objective or . .. issuing . .. any diploma or honorary degree based on completion or participation in said course or courses of study,” more specifically, the granting of a degree for its respiratory therapy technician program and operating room technician program and a diploma for its home health aide program.
*329 University has statutory authority to grant degrees under section 29023, subdivision (a)(3), infra, (hereinafter referred to as (a)(3) of the Education Code 2 ).
Beginning on June 30, 1974, University, a private corporation, offered with the approval of the Superintendent certain courses which, are not the subject of this suit. This approval was granted pursuant to section 29025, 3 infra. Approval for these courses expired on June 30, 1975 as the approval under section 29025 lasts for only one year.
On June 13, 1975, University requested by…
Concurrence in Part
Kaus, J.
I concur in the court’s holding as far as the home health aide program is concerned. I merely add that even if the respondent’s argument that the word “it” in section 29023, subdivision (c) refers to the Department of Health is correct, the same result would be compelled. While that department does not license individuals, it does control home health agencies. (Health & Saf. Code, § 1725 et seq.) It therefore accredits, approves or licenses the “vocation or occupation.”
*334 I do believe, however, that the majority errs as far as the respiratory therapy technician (RTT) and operating room technician (ORT) programs are concerned. Nevertheless I feel bound to state that inasmuch as our disagreement results from different interpretations of sections of the Education Code, it would neither surprise nor chagrin me if I am wrong.
Since my solution closely parallels that of respondent’s brief, I shall only state it in outline fashion.
Concededly University is what the parties call an “(a)(3)” school. This entitles University to confer degrees in “academic, technological, or professional” fields. Section 29023, subdivision (a)(3), however, does not authorize the teaching of the…
Opinion
This is an appeal from a summary judgment granting a permanent injunction to the Superintendent of Public Instruction (plaintiff or Superintendent where appropriate) prohibiting Windsor University (University) from (1) "offering without the approval of the ... Superintendent ... courses that lead to a vocational objective or ... issuing ... any diploma or honorary degree based on completion or participation in said course or courses of study," more specifically, the granting of a degree for its respiratory therapy technician program and operating room technician program and a diploma for its home health aide program. [1]
University has statutory authority to grant degrees under section 29023, subdivision (a)(3), infra, (hereinafter referred to as (a)(3) of the Education Code [2] ).
Beginning on June 30, 1974, University, a private corporation, offered with the approval of the Superintendent certain courses which are not the subject of this suit. This approval was granted pursuant to section 29025, [3] infra. Approval for these courses expired on June 30, 1975 as the approval under section 29025 lasts for only one year.