Kensington Univ. v. Council for Private Postsecondary & Vocational Educ.

Kensington University (University) appeals from judgment denying its supplemental petition for writ of mandate which sought to vacate the decision of defendant Council for Private Postsecondary and Vocational Education (Council) denying University’s application to operate as a degree-granting institution under Education Code section 94310. On appeal, University contends that certain procedures employed by Council deprived it of due process of law and constituted abuses of discretion, that the trial court failed to apply the proper standard of review to the record of the administrative hearing, the trial court erred in applying the law, and that Council’s decision is not supported by substantial evidence.

Factual and Procedural Background

Council is authorized under Education Code section 94310 to approve applications for private postsecondary educational institutions to operate in California. In 1989, the Legislature enacted a comprehensive system of statutes known as the Private Postsecondary and Vocation Reform Act of 1989 (hereinafter Act; Ed. Code, §§ 94300 to 94350), which became effective on January 1, 1991. The Act transferred the responsibility for approving and…