§ 23-64-120 — Refund policy

(1) As a condition for granting a certificate of
approval or an agent's permit to represent a school located outside this state, a
school shall maintain a policy for the refund of tuition and fees in the event, and
within thirty days of the date, a student fails to enter the course, withdraws, or has
been discontinued therefrom at any time prior to completion. The policy shall
provide for at least the following:

(a) A full refund of all money paid if the applicant is not accepted by the
school;

(b) A full refund of tuition and fees paid if the applicant withdraws within
three days after signing the contract or making an initial payment if the applicant
has not commenced training;

(c) A full refund of tuition and fees paid in the event that the school
discontinues a course or program of education during a period of time within which
a student could have reasonably completed the same; except that this provision
shall not apply in the event that the school ceases operation;

(d) That the school use a method of determining the official termination date
of the student that complies with the established criteria of the state board for
community colleges and occupational education;

(e) That except for retention of a cancellation charge not to exceed one
hundred fifty dollars or twenty-five percent of the contract price, whichever is less,
the policy for cancellation, settlement, and refund of tuition and fees provides for at
least the following:

(I) For a student terminating his or her training within the first ten percent of
his or her program, the student shall be entitled to a refund of ninety percent of the
contract price of the program exclusive of books, tools, and supplies;

(II) For a student terminating his or her training after ten percent but within
the first twenty-five percent of his or her program, the student shall be entitled to a
refund of seventy-five percent of the contract price of the program exclusive of
books, tools, and supplies;

(III) For a student terminating his or her training after twenty-five percent
but within the first fifty percent of his or her program, the student shall be entitled
to a refund of fifty percent of the contract price of the program exclusive of books,
tools, and supplies;

(IV) For a student terminating his or her training after fifty percent but within
the first seventy-five percent of his or her program, the student shall be entitled to
a refund of twenty-five percent of the contract price of the program exclusive of
books, tools, and supplies;

(V) A student who has completed seventy-five percent of his or her program
and has entered the final twenty-five percent shall not be entitled to any refund
and shall be obligated for the full price of the program, which constitutes the
maximum obligation.

(2) (a) A school offering education using an individualized instruction method
shall:

(I) Establish a time period during which a student should complete the
training;

(II) Outline school policies relative to satisfactory progress, including an
average rate of assignment completion;

(III) Establish a policy for termination in the event that a student does not
maintain the rate of assignment completion.

(b) Under these conditions, a refund of tuition and fees required by this
section may be computed based on the time period or on assignments completed in
accordance with the policy previously adopted by the school.

(3) The board may require a school to submit to the board a notice of each
tuition refund paid or contract canceled in the manner and to the extent determined
by the board.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1192, � 1, effective August 9.