Current through Register 1531, September 27, 2024
(1) A School shall use only student enrollment contracts which comply with 230 CMR 15.04 and shall timely provide each student with a copy of his or her fully executed enrollment contract. For enrollment contracts entered into after April 1, 2017, the enrollment contract shall include the following information:
(a) the student's name and address;
(b) the student's date of enrollment;
(c) the title of the Program to be taken by the student as well as any entrance requirements which had to be met to enroll in that Program;
(d) the total number of Instructional Hours to be taken by the student;
(e) the tuition charges and any other charges;
(f) the student's method of payment;
(g) the refund policy and how to withdraw from the Program;
(h) in a form acceptable to the division, a refund calculation for each individual student demonstrating the specific dollar amount of Monies Paid to be refunded upon termination of the enrollment contract on specific calendar dates in accordance with the percentages prescribed under 230 CMR 15.04(6) and M.G.L. c. 255, § 13K;
(i) applicable payment due dates;
(j) any periods beyond which late registration will not be accepted;
(k) n clear and conspicuous type that is readily noticed and legible directly adjacent to the student's signature line, a disclosure from the School, where applicable under 230 CMR 15.04(6), that states the following: "You have the right to cancel this enrollment contract before the completion of five school days or 5% of this Program, whichever occurs first, and to receive a full refund of all monies paid, less actual reasonable administrative costs up to $50 and actual reasonable costs of non-reusable supplies or equipment."
(2) Any agreement that contains a finance charge or that provides for five or more payments is subject to M.G.L. c. 255D, § 9.
(3) Any changes, addendums, or additions made subsequent to the signing of the enrollment agreement must be in writing and signed by both the School and the student and are subject to 230 CMR 15.04.
(4) Notwithstanding any exemptions in M.G.L. c. 255, §13K, all Schools licensed by the division shall have and include in the enrollment contract a refund policy that conforms to the requirements of M.G.L. c. 255, § 13K and 230 CMR 15.04.
(5) After April 1, 2017, if a School allows a student to begin participation in a Program while an initial award for financial aid, including student loans, is pending, and the student subsequently is denied some or all of that student loan or financial aid amount, the School shall offer that student in writing an opportunity to terminate the enrollment agreement with a full refund of all Monies Paid, less actual reasonable administrative costs as defined under M.G.L. c. 255, § 13K.
(6) In addition to the requirements of M.G.L. c. 255, § 13K, for programs beginning after April 1, 2017, prior to the completion of five school days or five percent of the Program, whichever occurs first, a School shall afford a student the opportunity to withdraw with a full refund of all Monies Paid, less:
(a) actual reasonable administrative costs as defined under M.G.L. c. 255, § 13K; and
(b) actual reasonable costs of non-reusable supplies or Equipment where a School reasonably provided the student with the supplies or Equipment, so long as the student receives the refund to which they are entitled under M.G.L. c. 255, § 13K. Provided, however, that this provision shall not apply to:
1. Programs not subject to division approval; and
2. Programs 80 hours or less in duration and $2,000 in total cost.
(7) If a student withdraws from a Program in accordance with the School's withdrawal policy, the School shall:
(a) treat the withdrawal as a termination of the enrollment contract, effective immediately;
(b) complete a refund calculation for the student, including all fees and payments, in a form acceptable to the division; and
(c) provide the calculation and any refund to the student within 45 days of the effective date of the termination
(8) If a student stops attending School but does not withdraw in accordance with the School's withdrawal policy, the School shall:
(a) for purposes of any payments due from the student or refund due to the student, treat the student's nonattendance as a termination of the enrollment contract, effective no later than the last date of attendance or last participation in an instructional activity;
(b) determine the effective date of the termination within 30 days after the end of the period of enrollment, the term, or the Program, whichever is earliest;
(c) complete a refund calculation for the student, including all fees and payments, in a form acceptable to the division; and
(d) provide the calculation and any refund to the student within 45 days from the date the School determines the effective date of termination under 230 CMR 15.04(8)(b).
