NATA’s legislative effort to get relief from AB 48 (the California Private Postsecondary Education Act of 2009) and the corresponding regulations issued by the California Bureau of Private Postsecondary Education (BPPE) for flight training providers is ongoing. There are currently two active bills in the California Legislature that offer a delay in compliance for flight training and also require the Legislature to hold informational sessions to investigate the appropriateness of regulation of flight training. The Legislature is now on recess and will not return to session until early August. As most flight training providers in the state recognize, August 1^st is the deadline under AB 48 statute for entities regulated by the BPPE to submit an application for approval to operate or to submit an application for exemption from the Act.

In its comments to the BPPE on the proposed regulations, NATA asserted that under the specific statutory language of AB 48 flight training should be exempted from regulation. NATA asked for a response clarifying the BBPE’s interpretation and intent regarding exemptions and flight training. NATA has not received a response from the BPPE.

With the deadline for application rapidly approaching, NATA recommends that its members complete and submit the Verification of Exempt Status form to the BPPE prior to August 1. NATA believes that a basic reading of the applicable California statute indicates that flight training providers may be exempt from regulation under the provision allowing exemption for institutions providing “license exam preparation” with programs approved, certified or sponsored by a government agency (such as the Federal Aviation Administration).

Although NATA believes that the aforementioned exemption provision is applicable to flight training providers, there is no guarantee that the BPPE will agree with NATA’s interpretation. Considering the BPPE’s failure to respond to our request for clarification on that interpretation, it may even be unlikely that the BPPE will concur. For that reason, NATA believes that the best long-term solution involves a delay in compliance passed by the Legislature followed by an effort to educate the Legislature on the dangers in overburdening flight training providers with unnecessary regulations and fees.