Section R4-39-308. Tuition, Pricing, and Refund Policies

A.      A person operating a licensed private non-accredited institu- tion may charge students enrolled in the same program differ- ent tuition and student fees, only:

1.        Following a published notice of a program price change to be effective on a specified date for all students enroll- ing in the program on or after the specified date;

2.        For students who have chosen to modify programs or ser- vices so that a tuition reduction is warranted;

3.        For students incurring additional charges or who are eli- gible for tuition reductions associated with payment schedules, financing options, or educational loans;

4.        For students meeting tuition discount eligibility require- ments in subsection (B); and

5.        For students receiving tuition scholarships under subsec- tion (C).

B.       A person operating a licensed private non-accredited institu- tion that offers tuition discounts shall:

1.        Publish in the institution’s catalog allowable tuition dis- counts and student eligibility requirements for allowable tuition discounts, including tuition discounts for students:

a.         Enrolling as part of a group,

b.        Who are similarly situated, or

c.         Enrolling  under  the   same  program  schedule  or course schedule; and

2.        Make tuition discounts available to all students who meet eligibility requirements.

C.      A person operating a licensed private non-accredited institu- tion that offers full or partial tuition scholarships shall:

1.        Publish in the institution’s catalog available tuition schol- arships and student eligibility requirements for available

tuition scholarships, including terms, conditions, applica- tion procedures, deadline dates, basis for selection, range of award amounts, and aggregate award amounts; and

2.        Objectively evaluate all applicants for tuition scholar- ships, and award tuition scholarships only to students who meet eligibility requirements.

D.      A person operating a licensed private non-accredited institu- tion that offers full or partial educational loans shall:

1.        Publish in the institution’s catalog available full or partial educational loans and student eligibility requirements for available full or partial educational loans, including terms, conditions, application procedures, deadline dates, range of loan amounts, aggregate loan amounts, interest rates, and loan repayment requirements;

2.        Make the full or partial educational loans available to all students who meet eligibility requirements; and

3.        Offer and administer the full or partial educational loans as required under R4-39-406.

E.       A person operating a licensed private non-accredited institu- tion that offers payment schedules or financing options shall:

1.        Publish in the institution’s catalog payment schedules and financing options and student eligibility requirements for payment schedules and financing options, including terms and conditions, application procedures, interest rates, and monthly payments; and

2.        Make the payment schedules and financing options avail- able to all students who meet eligibility requirements.

F.       A person operating a licensed private non-accredited institu- tion:

1.        Shall not require a prospective student to make a non- refundable payment until the prospective student signs an enrollment agreement and is accepted for enrollment, and

2.        Shall ensure that a prospective student understands the prospective student’s rights under R4-39-404.

G.      A person operating a licensed private non-accredited institu- tion shall have a refund policy that:

1.        Is applicable to all students, and

2.        Meets the requirements in R4-39-404.

H.      A person operating a licensed private non-accredited institu- tion shall ensure that all student tuition, student fees, tuition reductions, tuition discounts, tuition scholarships, educational loans, payment schedules, financing options, and refund poli- cies applicable to a student are:

1.        Fully disclosed in writing on a student’s enrollment agreement or applicable financial documents;

2.        Consistent with information in the institution’s catalog, required under R4-39-301, and in any brochures, promo- tional materials, or advertisements provided to or intended for students or potential students; and

3.        Authorized pursuant to this Section.

I.        A person operating a licensed private non-accredited institu- tion shall:

1.        Charge a student tuition and student fees as identified in writing on a student’s enrollment agreement or applicable financial documents;

2.        Collect tuition and student fees from a student according to a payment schedule or financing option identified in writing on a student’s enrollment agreement or applicable financial documents; and

3.        Refund tuition and student fees charged to a student according to the refund policy identified in writing on a student’s enrollment agreement or applicable financial documents.

Historical Note

Adopted effective May 21, 1985 (Supp. 85-3). Amended

effective February 23, 1993 (Supp. 93-1). Former Section

R4-39-308 renumbered to R4-39-307; new Section R4- 39-308 renumbered from R4-39-309 and amended by final rulemaking at 5 A.A.R. 4451, effective November 3,

1999 (Supp. 99-4). Amended by final rulemaking at 11

A.A.R. 2262, effective August 6, 2005 (Supp. 05-2).