Current through Register Vol. 30, No. 38, September 20, 2024
A. At least 60 days before a licensee ceases
to operate or to offer a program in which a student is enrolled, the licensee
shall determine whether there is another institution able and willing to offer
a teach-out program to students enrolled with the licensee. If another
institution is able and willing to offer a teach-out program, the licensee and
teach-out institution shall enter a contract with the following terms:
1. The teach-out institution shall offer each
student affected by the licensee ceasing to operate or to offer a program, an
opportunity to resume and complete the program in which the student is
enrolled, or a substantially similar program, within a reasonable time and same
geographic area as the licensee;
2.
The teach-out institution shall provide each affected student with timely
notice of the availability of the teach-out program including information about
differences between the teach-out program and the program in which the student
is enrolled with the licensee;
3.
The teach-out institution shall advertise the availability of the teach-out
program;
4. The teach-out
institution shall provide equitable treatment to the students in the teach-out
program;
5. The teach-out
institution shall not alter the mission or operations of the teach-out
institution for currently enrolled students; and
6. The teach-out institution shall affirm the
institution has the capacity to provide teach-out students with all instruction
and services the teach-out students contracted for but did not receive from the
licensee.
B. At least 60
days before a licensee ceases to operate or to offer a program in which a
student is enrolled, the licensee shall submit for review by the Board a
teach-out plan that includes the following:
1. A list of all students who will be
affected by the licensee ceasing to operate or to offer a program,
2. For each student identified under
subsection (B)(1):
a. Name of program in which
the student is participating, and
b. Estimated graduation date; and
3. Whether the teach out will
occur at the licensee, a teach-out institution with which the licensee has a
contract under subsection (A), or a combination of the licensee and teach-out
institution. If the teach out will occur, in whole or in part, at a teach-out
institution:
a. Whether the teach-out
institution will use faculty of the licensee to complete the teach
out;
b. Whether the degree,
diploma, or certificate awarded on completion of the teach-out program will be
awarded by the licensee or the teach-out institution;
c. Whether students who are enrolled but not
attending the licensee or those on a leave of absence from the licensee are
entitled to participate in the teach-out program; and
d. A copy of the contracts, if any, entered
under subsection (A).
C.At least 30
days before a licensee ceases to operate or to offer a program in which a
student is enrolled, or makes a teach-out program available to a student
enrolled in a program that the licensee will cease to offer, the licensee shall
provide written notice of ceasing to operate or to offer the program, or
availability of the teach-out program to:
1.
Each enrolled student affected by the licensee's decision to cease to operate
or to offer a program, and
D. Except as
provided in subsections (E) and (F), no later than 30 days after a licensee
ceases to operate or to offer a program in which a student is enrolled, the
licensee shall provide a refund of 100 percent of student fees and tuition paid
by the student or other funding source on behalf of the student.
E. The refund requirement in subsection (D) does not
apply if a student enrolled in a licensee that ceases to operate or in a
program that the licensee ceases to offer transfers to another institution and
receives training or academic credit comparable to the training or academic
credit that the student would have received if the licensee had not ceased to
operate or to offer the program.
F. The refund
requirement in subsection (D) does not apply if a licensee that ceases to offer
a program in which a student is enrolled provides the student an alternative
program that is equivalent to the program no longer offered, as determined by
the Board, in:
2. Program length and schedule;
3. Tuition, student fees, payment schedules,
and financing options;
4.
Accreditation status, if applicable;
6. Instruction and equipment;
7. Placement assistance and student services,
if applicable; and
G. This Section
applies to a licensee regardless of whether the licensee is at fault in the
closure of the licensee or cessation of a program.
