(a) The Agency, after considering the specific facts
associated with a school's conduct, may order a full or partial refund
to affected students if the school:
(1) does not provide a class with:
(A) an approved instructor;
(B) an instructor for whom an application has been
properly submitted to the Agency; or
(C) a temporary instructor for whom the school submitted
notice to the Agency;
(2) fails to maintain the instructors, facilities,
equipment, or courses of instruction on the basis of which Agency
approval was issued or student enrollment was obtained, or to submit
timely requests for approval of substantive changes thereto;
(3) violates any provision of this chapter in the process
of soliciting and enrolling the student;
(4) fails to adhere to applicable academic, attendance,
and refund policies that meet state requirements and apply to the
course enrolled in, as published at the time of the student's enrollment
in the course;
(5) fails to undertake a good faith effort to furnish
the student, upon satisfactory completion of the program, with a certificate
of completion. A school may withhold the transcript or certificate
until the student has paid outstanding financial obligations to the
school. Evidence of a good faith effort shall be maintained in the
student's file in one of the following forms:
(A) An acknowledgement of receipt of certificate signed
and dated by the student;
(B) Proof of a certified mailing to the student's last
known address;
(C) Proof of a certified mailing to the student's permanent
address, if different from the student's last known address; or
(D) Proof of a certified mailing to the address of
the student's parent or legal guardian, if known and different from
the student's last known or permanent addresses; or
(6) does not have course approval or the required certificate
of approval from the Agency.
(b) To be considered a violation subject to refund
under subsection (a)(1) - (6) of this section, a school's action shall
be determined to be more than a technical error or a nonsubstantive
change in operations.
(c) If any of the violations in subsection (a)(1) -
(6) of this section apply to more than one class period, students
are entitled to a full refund for each such class attended.
(d) The length of a program, for purposes of calculating
refunds owed, is the shortest scheduled time period in which the program
may be completed by continuous attendance of a full-time student.
(e) A non-Title IV school, or a Title IV school voluntarily
taking attendance, shall calculate refunds for students based upon
scheduled hours of classes through the last date of attendance. A
Title IV school shall calculate refunds for students based upon scheduled
hours of classes through the last documented day of an academically
related activity. Neither type of school shall count leaves of absence,
suspensions, school holidays, days when classes are not offered, and
summer vacations for purposes of calculating a student's refund.
(f) For all programs other than seminars, a student
may cancel enrollment, request a full refund, and request a release
from any obligations to the school within the first three scheduled
class days.
(g) A school may withhold from the refund required
by subsections (a) - (c) and (f) of this section any amount as retainable
by the school pursuant to §132.061 of the Act. More specifically,
the school may withhold items of extra expense to the student referenced
in §132.061(b)(6) of the Act, as long as they are necessary for
the portion of the program attended and are separately stated in the
enrollment agreement. Any items of extra expense not required for
the portion of the program attended must be included in the refund.
(h) Students are entitled to a refund paid in accordance
with the school's policy, which must provide for refunds at least
equivalent to the provisions in §132.061 and §132.0611 of
the Act, if students withdraw or are discontinued from a program prior
to completion.
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Source Note: The provisions of this §807.263 adopted to be effective August 28, 2006, 31 TexReg 6803; amended to be effective December 20, 2010, 35 TexReg 11392; amended to be effective January 23, 2012, 37 TexReg 200; amended to be effective November 28, 2022, 47 TexReg 7914 |