3 ms·

So would private tutoring be technically illegal in CA?

by asyujilo 7y ago

randyrand 7y ago
If you have a physical location and don't have state approval, yes.
- thaumasiotes 7y ago
  All private tutoring in California involves a physical presence in the state by necessity, so you can shorten this answer to "yes".
  - Alupis 7y ago
    I think it means a physical location for the business, ie. a brick and mortar store location - such as those "A+ Tutoring" or similar tutoring businesses common in major shopping centers.
    - thaumasiotes 7y ago
      If you're a sole proprietor who comes to students' homes, you're going to pass every legal test of "physical presence in California". Note that Lambda School's lawyer interpreted the law the same way you'd like to -- Lambda School doesn't have a physical presence in California because it doesn't operate any classrooms. But the state felt differently. And the state is pretty unambiguously correct on this point -- Lambda School is apparently incorporated in California as Lambda Inc. with a business address of 921 Crescent Court, San Ramon, CA 94582. ( https://www.bloomberg.com/profile/company/1574959D:US https://www.bloomberg.com/profile/company/1574959D:US ) Fascinatingly, they seem to have been incorporated in 1983.
      - austenallred 7y ago
        Pretty sure that information is wrong, because I was born in 1989...
        thaumasiotes 7y ago
        Hmmm. > Lambda, Inc. of California, doing business as Lambda School, operates as a school. The School offers course such as computer science, software engineering, machine learning, web developing, and java script learning programs. Lambda School serves clients in the State of California. > SUB-INDUSTRY > Educational Services > WEBSITE > www.lambdaschool.com So far so good. The address does appear to be wrong, judging by the entry for "LAMBDA INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS LAMBDA SCHOOL" at https://businesssearch.sos.ca.gov/ https://businesssearch.sos.ca.gov/ But, > Entity Address: > 5820 STONERIDGE MALL RD STE 212 PLEASANTON CA 94588 sure seems to suggest that you've got a physical presence in California. I was under the impression that extant businesses have some value purely for their history of being extant businesses, and are sometimes bought and sold for that reason, so it didn't seem impossible that Lambda School was technically the reimagining of some now-dead shell corporation founded in 1983. Bloomberg's phone number for Lambda School appears to be right, or at least appears to be a phone number once controlled by an Austen Allred in his capacity as executive officer of a company in Utah. Now I'm pretty curious where the Bloomberg information comes from.
        austenallred 7y ago
        All of that seems right except the year (and the fact that I don't have that phone number anymore)
        deleted 7y ago
        [deleted]
dragonwriter 7y ago
> So would private tutoring be technically illegal in CA? No, the law at issue (as stated in the document mischaracterized upthread) restricts only “private postsecondary education”. The applicable definition of “postsecondary education” is at Cal.Ed.Code § 94857: “Postsecondary education” means a formal institutional educational program whose curriculum is designed primarily for students who have completed or terminated their secondary education or are beyond the compulsory age of secondary education, including programs whose purpose is academic, vocational, or continuing professional education. https://codes.findlaw.com/ca/education-code/edc-sect-94857.html https://codes.findlaw.com/ca/education-code/edc-sect-94857.h... Private tutoring is not within it's scope (private tutoring at the elementary/secondary level that is used as an alternative to mandatory schooling or parent howmschooling is regulated in CA by a different law, but that's only when it is taking the place of mandatory schooling, not supplementing it or serving unrelated functions.)

So would private tutoring be technically illegal in CA?

randyrand 7y ago

If you have a physical location and don't have state approval, yes.

thaumasiotes 7y ago
All private tutoring in California involves a physical presence in the state by necessity, so you can shorten this answer to "yes".
- Alupis 7y ago
  I think it means a physical location for the business, ie. a brick and mortar store location - such as those "A+ Tutoring" or similar tutoring businesses common in major shopping centers.
  - thaumasiotes 7y ago
    If you're a sole proprietor who comes to students' homes, you're going to pass every legal test of "physical presence in California". Note that Lambda School's lawyer interpreted the law the same way you'd like to -- Lambda School doesn't have a physical presence in California because it doesn't operate any classrooms. But the state felt differently. And the state is pretty unambiguously correct on this point -- Lambda School is apparently incorporated in California as Lambda Inc. with a business address of 921 Crescent Court, San Ramon, CA 94582. ( https://www.bloomberg.com/profile/company/1574959D:US https://www.bloomberg.com/profile/company/1574959D:US ) Fascinatingly, they seem to have been incorporated in 1983.
    - austenallred 7y ago
      Pretty sure that information is wrong, because I was born in 1989...
      - thaumasiotes 7y ago
        Hmmm. > Lambda, Inc. of California, doing business as Lambda School, operates as a school. The School offers course such as computer science, software engineering, machine learning, web developing, and java script learning programs. Lambda School serves clients in the State of California. > SUB-INDUSTRY > Educational Services > WEBSITE > www.lambdaschool.com So far so good. The address does appear to be wrong, judging by the entry for "LAMBDA INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS LAMBDA SCHOOL" at https://businesssearch.sos.ca.gov/ https://businesssearch.sos.ca.gov/ But, > Entity Address: > 5820 STONERIDGE MALL RD STE 212 PLEASANTON CA 94588 sure seems to suggest that you've got a physical presence in California. I was under the impression that extant businesses have some value purely for their history of being extant businesses, and are sometimes bought and sold for that reason, so it didn't seem impossible that Lambda School was technically the reimagining of some now-dead shell corporation founded in 1983. Bloomberg's phone number for Lambda School appears to be right, or at least appears to be a phone number once controlled by an Austen Allred in his capacity as executive officer of a company in Utah. Now I'm pretty curious where the Bloomberg information comes from.
        austenallred 7y ago
        All of that seems right except the year (and the fact that I don't have that phone number anymore)
        deleted 7y ago
        [deleted]

dragonwriter 7y ago

> So would private tutoring be technically illegal in CA? No, the law at issue (as stated in the document mischaracterized upthread) restricts only “private postsecondary education”. The applicable definition of “postsecondary education” is at Cal.Ed.Code § 94857: “Postsecondary education” means a formal institutional educational program whose curriculum is designed primarily for students who have completed or terminated their secondary education or are beyond the compulsory age of secondary education, including programs whose purpose is academic, vocational, or continuing professional education. https://codes.findlaw.com/ca/education-code/edc-sect-94857.html https://codes.findlaw.com/ca/education-code/edc-sect-94857.h... Private tutoring is not within it's scope (private tutoring at the elementary/secondary level that is used as an alternative to mandatory schooling or parent howmschooling is regulated in CA by a different law, but that's only when it is taking the place of mandatory schooling, not supplementing it or serving unrelated functions.)