New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.7 - Enrollment agreement and student refund policies

Current through Register Vol. 46, No. 28, July 10, 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.