20 AAC 17.117 - Closure of institution or cessation or change of program
(a) A vocational
institution shall provide enrolled students at least 60 days' written notice of
impending closure of the institution, cessation of a program, or substantial
changes in a program of the type listed in (b) of this section. A collegiate
institution shall provide enrolled students at least one complete academic
year's notice of impending closure of the institution, cessation of a program,
or substantial changes in a program of the type listed in (b) of this section.
At the same time as it is required to notify students, the vocational or
collegiate institution shall provide the commission with a copy of the written
notice.
(b) No later than 30 days
after an institution closes or ceases offering a program in which a student is
enrolled, the institution shall provide full refunds of all tuition and other
expenses paid to the institution by the student or other funding source on
behalf of the student, unless it is able to provide a student with an
alternative program, approved by commission staff , that is substantially
equivalent as to
(1) program
content;
(2) quality of instruction
and equipment;
(3) period of
program;
(4) accreditation
status;
(5) credentials;
(6) accessibility;
(7) placement assistance;
(8) facility; and
(9) location, as compared to the location of
the student's current institution.
(c) The refund requirement of (b) of this
section does not apply to that portion of a program that the student has
completed and for which the student has received academic credit that is
transferable to a like institution with a program that meets the requirements
of (b)(1) - (9) of this section for substantial equivalence.
(d) Subsections (a) - (c) of this section
apply to an institution even if the closure or cessation of a program occurs
without fault of the institution.
(e) An institution may not enroll a student
into a program if it reasonably expects that the student will be unable to
complete the program because of impending closure of the institution or
cessation of the program. In addition to other penalties and requirements that
may apply, an institution is subject to a civil fine of $1,000 for each student
enrolled in violation of this subsection and to a civil fine of $1,000 for each
day that the institution offers enrollment in violation of this
subsection.
(f) An institution that
does not provide the required 60 days' or one complete academic year's written
notice required in (a) of this section shall
(1) make the refunds described in (b) of this
section, regardless of whether an alternate program is available, if the
student chooses to seek a refund rather than enroll in the alternate
program;
(2) refund student costs
incurred to attend the institution that the student documents would not have
been incurred had the institution provided the required notice, including
student travel and relocation costs;
(3) refund the costs of any coursework that
is determined not to apply toward a student's same degree at a new institution,
if the student
(A) elects to complete the
program of study at another institution; and
(B) begins no later than six months after the
closure of the current institution or cessation of the current program;
and
(4) provide the
student's new institution with a financial aid payment equivalent to the amount
of any institutional scholarship, aid, or discounts promised to the student in
exchange for enrollment at the institution that is closing or ceasing to offer
a program, if the student
(A) elects to
complete the program of study at another institution;
(B) begins no later than six months after the
closure of the current institution or cessation of the current program;
and
(C) would otherwise have met
the conditions for award.
(g) An institution that has been found by the
commission to be financially unsound shall clearly and conspicuously disclose
that finding to all students and applicants and provide information on how to
contact the commission for more information.
Notes
Authority:AS 14.48.050
AS 14.48.060
AS 14.48.190
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