Current through Register Vol. 63, No. 9, September 1, 2024
(1) A student may
cancel enrollment by giving written notice to the school. Unless the school has
discontinued the program of instruction, the student is financially obligated
to the school according to the following:
(a)
If cancellation occurs within 5 business days of the date of enrollment and
lesson materials have not been delivered, all monies related to the enrollment
agreement shall be refunded;
(b)
If cancellation occurs within 5 business days of the date of enrollment and
lesson materials have been delivered, all monies related to the enrollment
agreement shall be refunded with the exception of the cost of unreturned lesson
materials or the cost of replacement for returned materials that are damaged or
marked;
(c) If cancellation occurs
after five business days of the date of enrollment and the lesson materials
have been shipped but not delivered to the student:
(A) The school may charge an amount equal to
15 percent of the tuition cost, or $150, whichever is less; that being
established as its registration fee;
(B) If the student returns the unopened books
and supplies to the school within five days of receipt, the school will refund
the total cost of lesson materials.
(d) If cancellation occurs after five
business days of the date of enrollment and the lesson materials have been
delivered to the student but not returned within five days of receipt, and
before the completion of the first lesson assignment, the school may charge:
(A) An amount equal to 15 percent of the
tuition cost, or $150, whichever is less; that being established as its
registration fee; and
(B) The
total cost of books and supplies.
(e) If withdrawal or termination occurs after
the completion of the first lesson assignment and before 50 percent of the
total lesson assignments are completed, the student shall be entitled to a pro
rata refund of the tuition when the amount paid for the instructional program
exceeds the charges owed to the school. In addition to the pro rated tuition
charge, the school may retain the registration fee, book and supply fees, and
any other legitimate charges owed by the student;
(f) If withdrawal or termination occurs after
completion of 50 percent or more of the total lesson assignments, the student
shall be obligated for the tuition charged for the entire instructional program
and shall not be entitled to any refund;
(2) For cancellation under subsection (1) of
this rule, the "date of enrollment" will be determined:
(a) When enrollment occurs by a document
exchange through a mail delivery service, the enrollment date shall be the date
the enrollment agreement is signed by both the student and the authorized
school official, whichever is later;
(b) When the enrollment occurs online, the
date of enrollment will be the date the school receives:
(A) A copy of the enrollment agreement signed
by the student and the student is granted access to the program; or
(B) Submission of student enrollment
information through a secured website. The website must have a registration
process that includes, but is not limited to, statements detailing the legal
and financial obligations related to enrollment in a school. The student must
verify that he/she has read and understands the enrollment agreement. A copy of
the student enrollment agreement information that includes "a declaration by
the student acknowledging the reading, understanding and acceptance of the
enrollment obligations" shall be placed in the student file in lieu of a signed
enrollment agreement.
(3) When a program is measured in lesson
assignments, the portion of tuition cost for which the student will be charged
is determined by dividing the number of lesson assignments completed by the
total number of lesson assignments for the program.
(4) A program that includes both distance
learning and resident instruction must state separately on the enrollment
agreement the costs for the distance learning portion of the program and the
costs for the resident portion. The appropriate refund policies for distance
learning and resident instruction will apply for each portion of the program.
(5) Resident instruction dates
must be scheduled by the time the student completes 50 percent of the distance
learning portion of the program.
(a) For the
resident portion, charges can be assessed only after a student attends the
first resident class session;
(b)
Maximum charges shall be calculated by applying the pro rata refund
requirements established under subsection (1) of this rule; and
(c) In the event that a school denies a
student entrance in the residence portion of the program because of scheduling
delays exceeding 30 days between completion of the distance learning portion
and commencement of the residence portion, or other changes in contract
conditions, all tuition paid for both the distance learning and scheduled
residence portions must be refunded.
(6) "Withdrawal or Termination" is
acknowledged to have occurred when:
(a)
Written notice of same is provided to the school by the student; or
(b) The student has failed to submit
completed lesson assignments and/or to otherwise maintain the school's
published standards of satisfactory progress; or
(c) In the instance of a resident portion of
a program, the student has failed to attend classes and/or to otherwise
maintain the school's published standards for satisfactory progress.
(7) The term "tuition cost" means
the charges for instruction including any lab fees. Tuition cost does not
include application fees, registration fees, or other identified program fees
and costs. The school shall adopt and publish policies regarding the return of
resalable books and supplies and/or the prorating of user fees, other than lab
fees.
(8) The term "Pro rata
refund" means a refund of tuition paid for that portion of the program not
completed by the student.
(9) The
school shall not charge a withdrawal fee of more than $25.
(10) The school may adopt and apply refund
calculations more favorable to the student than those described under this
policy.
(11) When a cancellation,
withdrawal, termination, or completion occurs, a calculation of all allowable
charges under this rule shall be made. If such calculations evidence that the
school received total payments greater than its allowable charges:
(a) Within 40 days after notification of such
cancellation, withdrawal, termination, or completion, a written statement
showing allowable charges and total payments received shall be delivered to the
student by the school, together with a refund equal in amount to monies paid to
the school in excess of those allowable charges;
(b) In the event payments to a student
account are derived from federal and/or state tuition assistance program(s), a
sponsoring public agency, private agency, or any source other than the student,
the statement of charges and payments received together with an appropriate
refund described under paragraph (a) of this subsection may be delivered
instead to such party(ies) in interest, but only with respect to the covered
portions thereof.
(12)
In case of disabling illness or accident, death in the immediate family, or
other circumstances beyond the control of the student that causes the student
to leave school, the school shall arrange a prorated tuition settlement that is
reasonable and fair to both parties.
(13) A school shall be considered in default
of the enrollment agreement when a functioning course or program is
discontinued or canceled or the school closes prior to completion of contracted
services. When a school is in default, student tuition may be refunded by the
school on a pro rata basis. The pro rata refund shall be allowed only if the
Superintendent determines that the school has made provision for students
enrolled at the time of default to complete a comparable program at another
institution. The provision for program completion shall be at no additional
cost to the student in excess of the original contract with the defaulting
school. If the school does not make such provision, a refund of all tuition and
fees shall be made by the school to the students.
Stat. Auth.: ORS
345.115
Stats. Implemented: ORS
345.115
