Current through Register Vol. 46, No. 12, March 20, 2024
(a) All conditions for enrollment in or
completion of a curriculum or course shall be set forth in an enrollment
agreement which shall be fully completed, dated and signed by both an
authorized agent of the school and the student prior to the time instruction
begins. The school shall retain a signed copy of the enrollment agreement and
one signed copy shall be delivered to the student at the time of execution. The
enrollment agreement may not be transferred or assigned to a third party.
Acknowledgment of the receipt of a copy of the enrollment agreement by the
student shall be made on the copy retained by the school.
(b) The enrollment agreement shall be printed
in no less than 10-point type, shall contain no advertising or extraneous
material and shall set forth briefly and clearly the following:
(1) the name of the school;
(2) the title of the curriculum, course of
courses as approved;
(3) the length
of the curriculum, course or courses in instructional hours;
(4) the schedule of sessions or hours per
week or the number of lessons for home study, internet or correspondence
instruction;
(5) the name and date
of birth of the student;
(6) the
amount of the tuition fee and the amount of the application or registration fee
set forth separately. Any portion of the application or registration fee that
is nonrefundable shall be stated separately and shall be clearly identified as
a nonrefundable application or registration fee;
(7) the amount of any and all other fees and
charges required for completion of the course. Fees and charges, such as
student fee for kit, textbooks, tools, equipment and supplies, make-up fees,
laboratory fees and deposits, shall be itemized separately and shall not be
included in tuition;
(8) the total
cost of the course of instruction;
(9) provision for the method or methods of
payment;
(10) the conditions of any
approved cooperative practical experience outside the school
premises;
(11) the following
statement "while placement service may be provided, it is understood that the
school cannot promise or guarantee employment to any student or graduate" or a
similar statement acceptable to the commissioner;
(12) such reasonable rules, regulations and
conditions as the school may desire to set forth in the agreement;
(13) the names and certificate numbers of the
agents responsible for procuring, soliciting or enrolling the student or
enrollee. The enrollment agreement shall contain an appropriate place in which
the student shall by signature, confirm the names of such agents;
(14) a separately signed acknowledgment by
the student that he or she has received the disclosure material, as required by
section
5005 of the Education Law; and
(15) the refund a school will make in the
event a student fails to enter, withdraws, or is discontinued from instruction
consistent with the provisions set forth in subdivision 3 of section
5002 of the Education Law and subdivision
(d) of this section; or for schools using the correspondence, internet or home
study method of instruction, subdivision (c) of this section.
(c) Enrollment agreements for
curricula and courses offered by schools using the correspondence, internet or
home study method of instruction shall meet the requirements of the Personal
Property Law, section
412-a.
(d) Enrollment agreements shall provide for a
reasonable adjustment of tuition and other fees. Except as otherwise provided
in subdivision (e) of this section and Education Law, section
5002(3), a refund policy
not consistent with the following shall not be approved:
(1) Definitions. As used in this subdivision:
(i) Quarter means up to 14 weeks of
instruction.
(ii) Term or semester
means between 15, 16, 17 or 18 weeks of instruction.
(iii) Except as otherwise provided in
paragraph (2) of this subdivision, a week of instruction means between 2 and 30
clock hours of instruction within seven consecutive days. Upon approval of the
commissioner, a school may exceed such hours provided that: the school has
submitted an educational justification for exceeding 30 hours per week; and the
program provides for one hour off for each student within each day of
instruction.
(2) If in
calculating the weeks of instruction pursuant to subparagraph (1)(iii) of this
subdivision, the total number of calendar weeks is six or less, then a week of
instruction shall be defined as follows:
(i)
the first week of instruction means 0 to 15 percent of the program's total
clock hours;
(ii) the second week
of instruction means 16 to 30 percent of the program's total clock
hours;
(iii) the third week of
instruction means 31 to 45 percent of the program's total clock
hours;
(iv) the fourth week of
instruction means 46 to 60 percent of the program's total clock
hours;
(v) the fifth week of
instruction means 61 to 75 percent of the program's total clock
hours;
(vi) the sixth week of
instruction means 76 to 90 percent of the program's total clock hours;
and
(vii) the seventh week of
instruction means 91 to 100 percent of the program's total clock
hours.
(3) A school
shall divide all courses or curricula into quarters or terms. In establishing
such quarters or terms, the school shall take into account the educational
purposes of the program, and to the maximum extent possible, ensure that units
of instruction or courses are coterminous with a quarter or term.
(4) The student refund policy for the first
term or quarter of any program, as set forth in section
5002(3)(b) of the
Education Law, shall be clearly stated in the enrollment agreement.
(5) For those programs with a second term or
quarter, the student refund policy for such second term or quarter shall be the
same as the first quarter or term unless the school demonstrates that there
were no significant educational changes in the student's educational program at
the time of a student's termination, in which case the student refund policy
for the second term or quarter shall be the policy set forth in section
5002(3)(c)(1) of the
Education Law.
(6) For those
programs with a third or subsequent term or quarter, the tuition refund policy
for such third or subsequent term or quarter shall be the policy set forth in
section
5002(3)(c)(1) of the
Education Law.
(7) Fees and charges
as described in paragraph (b)(7) of this section, and paid to the school for
goods or services which have not been provided by the school and accepted by
the student, shall be refunded.
(8)
Notwithstanding any other provision of this subdivision, an application or
registration fee not to exceed 10 percent of the tuition cost of the program or
$100, whichever is less, may be retained by the school, in whole or in part, if
the student signs the enrollment agreement, except for schools using the
correspondence, internet or home study method of instruction which shall comply
with subdivision (c) of this section.
(9) In the case of a school in which the
instruction is given in residence, a student may cancel the agreement at no
penalty, with the exception of the loss of that portion of the application or
registration fee which is designated in the agreement as nonrefundable, by
notifying the school in writing within seven days after midnight of the day on
which the agreement was signed, provided the student has not yet entered into
instruction. Before entering into instruction, a student may cancel the
agreement after the seven-day period. In such a case, the student will be
liable only for the nonrefundable application or registration fee and any books
or supplies that have been accepted.
(e) Notwithstanding the provisions of
subdivision (d) of this section, a school accredited by a nationally recognized
accrediting agency may use the refund policy of such agency only to the extent
that such policy offers the student less tuition liability than the provisions
of section
5002(3) of the Education
Law and is approved by the commissioner. A school required by Federal law to
follow a predetermined student refund policy may do so only to the extent that
such student refund policy offers the student less tuition liability than the
provisions of section
5002(3) of the Education
Law and is approved by the commissioner.
(f) If a transcript , diploma, certificate,
or other document evidencing satisfactory program or course completion is to be
withheld until all fees and charges have been met, the enrollment agreement
must so state , and such documents may then be withheld except as otherwise
provided by law.
(g) Any refunds
due to students who cancel, withdraw or are discontinued shall be made within
45 days of such action pursuant to section
5002(3)(g) of the
Education Law.
