Or. Admin. R. 715-045-0038 - Cancellation and Refund Policy: Self-Directed Instruction (Clock Hour Program/Lesson Based)
(1) A
student may cancel enrollment by giving written notice to the school. Unless
the school has discontinued the program of instruction, the student is
financially obligated to the school according to the following:
(a) If cancellation occurs within five
business days of the date of enrollment, and lesson materials have not been
delivered, all monies specific to the enrollment agreement shall be refunded;
(b) If cancellation occurs within
5 business days of the date of enrollment and lesson materials have been
delivered, all monies related to the enrollment agreement shall be refunded
with the exception of the cost of unreturned lesson materials or the cost of
replacement for returned materials that are damaged or marked;
(c) If cancellation occurs after five
business days of the date of enrollment and the lesson materials have been
shipped but not delivered to the student:
(A)
The school may charge an amount equal to 15 percent of the tuition cost, or
$150, whichever is less; that being established as its registration fee;
(B) If the student returns the
unopened books and supplies to the school within five days of receipt, the
school will refund the total cost of lesson materials.
(d) If cancellation occurs after five
business days of the date of enrollment and lesson materials have been
delivered to the student but not returned within five days of receipt, and
before the commencement of the accrual of clock-hours or the completion of the
first lesson, the school may charge:
(A) An
amount equal to 15 percent of the tuition cost, or $150, whichever is less;
that being established as its registration fee; and
(B) The total cost of books and supplies.
(e) If withdrawal or
termination occurs after the commencement of the accrual of clock-hours or the
completion of the first lesson assignment and before either 50 percent of the
program has been offered, or before 50 percent of the program clock-hours or
lesson assignments are completed, the student shall be entitled to a pro rata
refund of the tuition when the amount paid exceeds the charges owed to the
school. In addition to the pro rated tuition charge, the school may retain the
registration fee, book and supply fees, and any other legitimate charges owed
by the student;
(f) If withdrawal
or termination occurs after completion of 50 percent or more of the program has
been offered or after completion of 50 percent or more of the program
clock-hours or lesson assignments, whichever occurs first, the student shall be
obligated for the tuition charged for the entire instructional program and
shall not be entitled to any refund.
(2) For cancellation under subsections (1) of
this rule, the "date of enrollment" will be determined:
(a) When enrollment occurs in the school
setting, the enrollment date shall be the date the enrollment agreement is
signed by both the student and the authorized school official, whichever is
later;
(b) When enrollment occurs
online, the date of enrollment will be the date the school receives:
(A) A copy of the enrollment agreement signed
by the student, and the student is granted access to the program, or
(B) Submission of student enrollment
information through a secured website. The website must have a registration
process that includes, but is not limited to, statements detailing the legal
and financial obligations related to enrollment in a school. The student must
verify that he/she has read and understands the enrollment agreement. A copy of
the student enrollment agreement information that includes "a declaration by
the student acknowledging the reading, understanding and acceptance of the
enrollment obligations" shall be placed in the student file in lieu of a signed
enrollment agreement.
(3) Under subsection (1) of this rule, the
term "offered" means the period of time between the beginning date and ending
date of the program as identified on the enrollment agreement.
(4) Under subsection (1) of this rule, the
portion of tuition cost for which the student shall be charged is determined by
dividing the total clock hours into the number of clock hours accrued by the
student, or the total number of lessons into the number of lessons completed by
the student.
(5) The term "tuition
cost" means the charges for instruction including any lab fees. Tuition cost
does not include application fees, registration fees, or other identified
program fees and costs. The school shall adopt and publish policies regarding
the return of resalable books and supplies and/or the prorating of user fees,
other than lab fees.
(6) The term
"Pro rata refund" means a refund of tuition paid for that portion of the
program not completed by the student.
(7) The school shall not charge a withdrawal
fee of more that $25;
(8) The
school may adopt and apply refund calculations more favorable to the student
than those described under this policy.
(9) When a cancellation, withdrawal,
termination, or completion occurs, a calculation of all allowable charges under
this rule shall be made. If such calculations evidence that the school received
total payments greater than its allowable charges:
(a) Within 40 days after notification of such
cancellation, withdrawal, termination, or completion, a written statement
showing allowable charges and total payments received shall be delivered to the
student by the school, together with a refund equal in amount to monies paid to
the school in excess of those allowable charges;
(b) In the event payments to a student
account are derived from federal and/or state tuition assistance program(s),
including student loan programs, regulations governing refund notification and
awarding within respective program(s) shall prevail in lieu of paragraph (a) of
this subsection, but only with respect to the covered portions thereof; and
(c) In the event payments to a
student account are derived from a sponsoring public agency, private agency, or
any source other than the student, the statement of charges and payments
received together with an appropriate refund described under section (9)(a) of
this rule may be delivered instead to such party(ies) in interest, but only
with respect to the covered portions thereof.
(10) In case of disabling illness or
accident, death in the immediate family, or other circumstances beyond the
control of the student that causes the student to leave school, the school
shall arrange a prorated tuition settlement that is reasonable and fair to both
parties.
(11) A school shall be
considered in default of the enrollment agreement when a course or program is
discontinued or canceled or the school closes prior to completion of contracted
services. When a school is in default, student tuition may be refunded by the
school on a pro rata basis. The pro rata refund shall be allowed only if the
Superintendent determines that the school has made provision for students
enrolled at the time of default to complete a comparable program at another
institution. The provision for program completion shall be at no additional
cost to the student in excess of the original contract with the defaulting
school. If the school does not make such provision, a refund of all tuition and
fees shall be made by the school to the students.
Notes
Stat. Auth.: ORS 345.115
Stats. Implemented: ORS 345.115
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