Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6E - Commission for Independent Education › Chapter 6E-1 - GENERAL INFORMATION › Section 6E-1.0032 - Fair Consumer Practices

Current through Reg. 50, No. 138; July 16, 2024
(1) This
				rule implements the provisions of Sections
				1005.04 and
				1005.34, F.S., and establishes
				the regulations and standards of the Commission relative to fair consumer
				practices and the operation of independent postsecondary education institutions
				in Florida.
(2) This rule applies
				to those institutions as specified in Section
				1005.04(1),
				F.S. All such institutions and locations shall demonstrate compliance with fair
				consumer practices.
(3) The
				definitions contained in Section
				1005.02, F.S., and Rule
				6E-1.003, F.A.C., apply equally
				herein unless expressly indicated otherwise.
(4) All advertising and promotional
				literature shall be accurate and not misleading to the public. A copy of each
				advertisement shall be available to the Commission upon request for inspection
				at each location providing administrative services. The level of educational
				programs provided shall be disclosed. Compliance with subsection
				6E-2.004(5) and
				paragraph 6E-2.004(11)(c),
				F.A.C., regarding recruitment, admissions, and advertising, is required of all
				institutions operating or soliciting students in Florida. See paragraph (6)(j)
				of this rule for requirements for statements regarding job opportunities. If
				any information is provided to students regarding salaries, such information
				shall be limited to accurate and unexaggerated representations of entry level
				salaries reflective of employees having the same skills, education, and
				experience as the students will have upon graduation. If advertising violations
				occur, the Commission shall require an institution to receive prior approval of
				future advertising copy before publication or broadcasting. Continued
				advertising violations shall result in probation with conditions and fines, or
				revocation of licensure pursuant to Sections
				1005.34 and
				1005.38, F.S. Any placement
				claims, employment predictions, or salary projections used by the institution
				in its recruiting efforts shall be accurate, and based upon reliable
				statistical data which shall be provided to all prospective students and to the
				Commission upon request. It is the responsibility of the institution to ensure
				that all such claims are kept up to date and reflect actual current conditions
				and job market projections, taking into account the anticipated needs in the
				local community. Advertisements shall contain citations of the source of such
				claims. The institution shall maintain backup documentation to support the
				citations.
(5) Any licensed
				institution offering a program which does not make the graduate eligible to
				take required professional examinations in that field or to practice regulated
				professions in that field in Florida must publish a disclosure statement to
				inform prospective students clearly and unambiguously of this fact.
(6) Each prospective student shall be
				provided a written copy, or shall have access to an electronic copy, of the
				institution's catalog prior to enrollment or the collection of any tuition,
				fees or other charges. The catalog shall contain the following required
				disclosures, and catalogs of licensed institutions must also contain the
				information required in subsections
				6E-2.004(11) and
				(12), F.A.C.:
(a) Purpose of the institution: The purpose
				of the institution must be disclosed, and must be consistent with Section
				1005.01, F.S.
(b) Educational programs and curricula: The
				curricula shall be published in the catalog and shall state objectives specific
				to each curriculum and the requirements to be met for successful completion of
				each curriculum or program. This shall include, at a minimum, the grade point
				average required for completion of the program and any exit examination
				requirements, including the disclosure of the exit exams which the students may
				be required to complete and the required passing score of the exit exams.
				Information relating to course availability and prerequisites shall be
				available for students. The catalog shall also contain brief course
				descriptions for each course offered.
(c) Description of physical facilities: All
				licensed institutions must describe their physical facilities in Florida, which
				must meet the requirements as set forth in subsection
				6E-2.004(9),
				F.A.C. Information showing compliance with relevant local safety and health
				standards, such as fire, building, and sanitation shall be available to
				students.
(d) Licensure and
				accreditation status: The institution shall disclose its status regarding
				licensure by the Commission and its status as an accredited institution or
				program, as applicable. The level and scope of licensure or accreditation shall
				be disclosed, and any ramifications of accreditation or lack of accreditation
				on the ability to sit for professional examinations and eligibility for
				financial aid shall be disclosed. If the institution makes claims that it is
				accredited by an accrediting agency that is not recognized by the United States
				Department of Education, the following disclosure statement must be made in
				large bold type, all capital letters, and is to be inserted in the publications
				or advertising, as defined in subsection
				6E-1.003(6),
				F.A.C., prior to identification of or mention of any accrediting association or
				agency. The required statement is:
The Accrediting Agency(s) or Associations(s) Listed Below
				  Is/Are Not Recognized By the United States Department of Education As An
				  Approved Accedited Agency. Therefore, If You Enroll In This Institution, You
				  May Not Be Eligible For Title IV Federal Financial Assistance, State Student
				  Financial Assistance, or Professional Certification. In Addition, Credits
				  Earned At This Institution May Not Be Accepted For Transfer to Another Transfer
				  to Another Institution, and May Not Be Recognized By Employers.
This disclosure statement shall be inserted in all
				  advertisements or publications wherever accreditation by an unrecognized
				  accrediting agency is mentioned.
(e) Fee schedule: The institution shall
				disclose all fees required to be paid by students (including tuition,
				laboratory fees, graduation fees, other required fees), and any nonrefundable
				fees must be so identified.
(f)
				Transferability of credits: The institution shall disclose information to the
				student regarding transferability of credits to other institutions and from
				other institutions. The institution shall disclose that transferability of
				credit is at the discretion of the accepting institution, and that it is the
				student's responsibility to confirm whether or not credits will be accepted by
				another institution of the student's choice. If a licensed institution has
				entered into written articulation agreements with other institutions, a list of
				those other institutions may be provided to students, along with any conditions
				or limitations on the amount or kinds of credit that will be accepted. Such
				written agreements with other institutions must be valid and in effect at the
				time the information is disclosed to the student. The agreements shall be kept
				on file at all times and available for inspection by Commission representatives
				or students. Any change or termination of the agreements shall be disclosed
				promptly to all affected students. No representation shall be made by a
				licensed institution that its credits can be transferred to another specific
				institution, unless the institution has a current, valid articulation agreement
				on file. Units or credits applied toward the award of a credential may be
				derived from a combination of any or all of the following:
1. Units or credits earned at and transferred
				from other postsecondary institutions, when congruent and applicable to the
				receiving institution's program and when validated and confirmed by the
				receiving institution.
2.
				Successful completion of challenge examinations or standardized tests
				demonstrating learning at the credential level in specific subject matter
				areas.
3. Prior learning, as
				validated, evaluated, and confirmed by qualified instructors at the receiving
				institution.
(g)
				Admissions: The institution shall disclose its method of assessing a student's
				ability to successfully complete the course of study for which he or she has
				applied. The requirements for admission and for graduation shall be disclosed.
				If the practice of a career has special requirements or limitations, such as
				certain physical or language capabilities or lack of a criminal record, such
				requirements or limitations shall be disclosed to prospective students
				interested in training for that career.
(h) Student financial assistance: Information
				about the availability of financial assistance shall be disclosed to
				prospective students. In addition, each institution shall make such disclosure
				in writing, to be signed and dated by each student applying for and receiving a
				student loan, to the effect that the student understands that he or she is
				obligated to repay the loan, the terms and amounts of repayments, and when
				repayments will begin. References to financial assistance availability in any
				school catalogs or advertising shall include the phrase, "for those who
				qualify."
(i) Student refund
				policies: This rule establishes the Commission's minimum refund guidelines for
				licensed institutions. Refund policies which pertain to students who are
				receiving Title IV Federal Student Financial Assistance or veterans' benefits
				shall be in compliance with applicable federal regulations.
1. All institutions shall have an equitable
				prorated refund policy for all students, which shall be disclosed in the
				catalog and enrollment agreement or similar documents, and must be uniformly
				administered. Any nonrefundable fees or charges shall also be
				disclosed.
2. The institution's
				refund policy shall provide a formula for proration of refunds based upon the
				length of time the student remains enrolled, up to a minimum of 40 percent of a
				program, if the student is charged tuition for an entire program; or 20%
				percent, if the institution charges the student for a term, quarter, semester,
				or other time period that is less than the duration of the entire
				program.
3. As an alternative, an
				institution that charges tuition for a term, quarter, semester or other time
				period that is less than the duration of the entire program may establish a
				drop/add period which shall be no less than 10 percent of the period for which
				the student is financially committed, or one week, whichever is less. If the
				student withdraws before the end of the drop/add period, the student will be
				refunded all tuition and fees, as well as any funds paid for supplies, books,
				or equipment which can be and are returned to the institution.
4. The refund policy shall not consider that
				all or substantially all tuition for an entire program or term is earned when a
				student has been enrolled for only a minimal percentage of the program or term.
				The refund policy shall provide for cancellation of any obligation, other than
				a book and supply assessment for supplies, materials and kits which are not
				returnable because of use, within 3 working days from the student's signing an
				enrollment agreement or contract. Refunds shall be made within 30 days of the
				date that the institution determines that the student has withdrawn.
5. Institutions need not keep attendance, but
				must adopt and publish an equitable policy by which withdrawal dates will be
				determined, which may include notification by the student or reports from
				faculty. This policy shall be submitted to the Commission before
				publication.
6. Nonrefundable fees
				regarding admission and registration of Florida students shall not exceed $150.
				The requirements regarding refund policies as stated herein do not apply to
				dormitory or meal fees. Refund policies for those fees, if charged, shall be
				set by the institution and also disclosed in conjunction with the refund
				policy.
(j) Employment
				placement services: The extent of placement services shall be specifically
				described. No guarantee of placement shall be made or implied. The institution
				may disclose information relating to market and job availability, if verified
				through statistical research; however, the institution shall not promise or
				imply any specific market or job availability amounts.
(k) A statement that additional information
				regarding the institution, if licensed, may be obtained by contacting the
				Commission for Independent Education, Department of Education, 325 West Gaines
				Street, Suite 1414, Tallahassee, Florida 32399-0400, toll-free telephone number
				(888)224-6684.