Current through Register Vol. 63, No. 9, September 1, 2024
All agents and schools will be subject to the following
conditions of this rule:
(1) A school
shall provide training to admissions staff that includes:
(a) Knowledge of the Oregon Private Career
School laws, and rules; and
(b)
Detailed understanding of the school's catalog, admission standards,
application fee if charged, enrollment agreement/contract, refund policy, other
written school policies, and code of ethical conduct when dealing with
prospective students and parent(s) or guardian(s).
(2) As the recruitment of prospective
students relates to admissions policies and practices:
(a) The school or agent shall clearly explain
to each applicant for enrollment the nature of the course under consideration
and what the training can reasonably be expected to do for the student in
preparation for or furtherance of a trade or occupation;
(b) The school shall not enroll, and no agent
or any person involved in recruitment or admission shall recommend for
enrollment, any person without having reason to believe that the person is
likely to succeed in and benefit from the proposed training or course of
instruction;
(c) Where a school or
agent enrolls a person who does not meet regular basic admission qualifications
of the school, the school must have a written record of the reasons why the
enrollee was permitted to enroll, and be prepared to justify its action in
accepting the enrollment;
(d) No
school or agent may accept an enrollment from a person of compulsory school
age, nor one attending a school of elementary or secondary level, until the
agent has written assurance from the enrollee's parent, guardian, or principal
of the elementary or secondary school attended, that pursuit of the course
would not be detrimental to enrollee's regular school work; and
(e) The school must produce, upon demand of
the Higher Education Coordinating Commission, documents attesting to completion
of subsection (1)(a) and (b) of this rule and, when applicable, subsection
(1)(c) and (d) of this rule.
(3) As recruitment of prospective students
relates to enrollment agreements or contracts:
(a) The enrollment agreement or contract must
clearly outline obligations of both school and student, and a copy of the
enrollment agreement or contract must be furnished the student by the agent
before payment is made;
(b) The
school or agent must inform each applicant of the nature of the obligation
entered into and the responsibilities and rights of the student under the
enrollment agreement or contract before the student signs the document.
Evidence of compliance with this will be the student's signature on file at the
school verifying receipt of a copy of the contract as well as other documents
required in OAR 715-045-0018;
(c)
The total tuition for any specific course must be the same for all persons
enrolling at a specific time, except that a group-training contract showing
lower individual rates may be negotiated;
(d) Tuition changes in courses shall be
effective on specific dates and applicable to all who enroll thereafter; and
(e) All charges and costs
incidental to training must be revealed by the school or agent to the
prospective student before any enrollment agreement or contract is signed.
(4) As recruitment of
prospective students relates to advertising and promotional literature: No
bonus or other incentive may be given a prospective student for the purpose of
enticing the student to sign an enrollment agreement other than that which is
offered to all students in a special promotional effort. This rule does not
prohibit a school from establishing a bona fide program with clearly identified
criteria.
(5) As recruitment of
prospective students relates to the school's responsibility for its agents:
(a) The school is responsible for ensuring
that the agent has been provided training and is knowledgeable about the
school's:
(A) Beginning, history, and owners;
(B) Program of studies;
(C) Refund policy;
(D) Admission and assessment requirements;
(E) Graduation requirements;
(F) Rules and regulations;
(G) Financial policies and
procedures;
(H) Governance by
Oregon private career school law and rules;
(I) Relationship to applicable consumer
protection laws; and
(J) Code of
ethical conduct when dealing with prospective students and parent(s) or
guardian(s).
(b) The
school is responsible for all advertising or promotional literature used by its
agents;
(c) The school or agent
must provide the student a receipt for all money collected and a copy of the
enrollment agreement;
(d) No
person who has any responsibility for the recruitment of students shall use the
title of counselor, advisor, or any term of similar import, as determined by
the Superintendent. Persons responsible for student recruiting may use the
titles of admissions representative, career consultant, or other similar
titles. The use of such titles shall be allowed so long as neither the school
nor any such titled person represents, either directly or by implication, that
they are acting on behalf of the prospective student rather than on behalf of
the school;
(e) No school or agent
may discredit other schools or agents in any manner that may influence a
student to leave another school or discourage a student from signing an
enrollment agreement with another school; and
(f) All schools and their agents shall comply
with all standards set forth in OAR 715-045-0033 and 581-045-0034 concerning
advertising and promotional material.
Stat. Auth.: ORS
345.040 &
345.325
Stats. Implemented: ORS
345.040