California · Through 2026-09-13

EDC § 94858.5

“Public institution of higher education” means any of the following:
(a) An institution that meets the definition of subdivision (a) of Section 66010, including a district or campus of the California Community Colleges.
(b) An institution operated by the United States government, a state, as defined in Section 3306(j)(1) of Title 26 of the United States Code, a local government, as defined in Section 1393(a)(5) of Title 26 of the United States Code, or Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.
(c) An institution that is an instrumentality of a state or local government if it meets all of the following:
(1) The institution’s employees are government employees.
(2) The institution’s liabilities are payable to the same degree as if they were liabilities of the state or local government, in the state or local government jurisdiction where the institution is formed.
(3) The institution is subject to the same financial oversight and open public records laws as the state or local government, in the state or local government jurisdiction where the institution is formed.

Where this section sits in the code

Education Code - EDC
TITLE 3. POSTSECONDARY EDUCATION [66000. - 101460.]
DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000. - 95010.]
PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000. - 95010.]
CHAPTER 8. Private Postsecondary Institutions [94800. - 94950.]
ARTICLE 3. Definitions [94810. - 94871.]

“Public institution of higher education” means any of the following:

(a) An institution that meets the definition of subdivision (a) of Section 66010, including a district or campus of the California Community Colleges.

(b) An institution operated by the United States government, a state, as defined in Section 3306(j)(1) of Title 26 of the United States Code, a local government, as defined in Section 1393(a)(5) of Title 26 of the United States Code, or Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code.

(1) The institution’s employees are government employees.

(2) The institution’s liabilities are payable to the same degree as if they were liabilities of the state or local government, in the state or local government jurisdiction where the institution is formed.

(3) The institution is subject to the same financial oversight and open public records laws as the state or local government, in the state or local government jurisdiction where the institution is formed.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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