N.Y. Comp. Codes R. & Regs. tit. 8 § 126.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 126.7 - Enrollment agreement and student refund policies

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.7

Amended New York State Register August 1, 2018/Volume XL, Issue 31, eff. 8/1/2018

Amended New York State Register September 29, 2021/Volume XLIII, Issue 39, eff. 9/29/2021