Tenn. Comp. R. & Regs. 1540-01-02-.13 - ENROLLMENT CHECKLISTS, AGREEMENTS, AND DISCLOSURES

(1) Pre-Enrollment Checklist: Prior to signing an enrollment agreement, institutions shall require an institution representative and the prospective student to sign and date a pre-enrollment checklist using a form provided in the Initial Authorization Application. The document must clearly indicate that it is the pre-enrollment checklist, include the full and correct name and address of the authorized location, and, if multiple pages, be paginated using the format "__ of __ pages." The checklist shall include, at a minimum, affirmations that the student:

(a) Toured the institution virtually or in-person (not applicable to institutions that deliver all instruction through distance learning);

(b) Received an institution catalog and all addendums and attachments referenced therein. If the catalog and addendums/attachments are provided electronically understands that the student may request a hard copy of any of the documents at any time;

(c) Was given the time and opportunity to review the institutional policies in the catalog;

(d) Knows the length of the program for full-time and part-time students in academic terms and actual calendar time;

(e) Has been informed of the total tuition and other fees of the program;

(f) Has been informed of the estimated cost of books and any required equipment purchases such as a computer, specialized tools, or art supplies;

(g) Has been given a copy of the institution refund policy;

(h) Has executed a Transfer of Credit Disclosure Statement in compliance with T.C.A. § 49-7-144 and understands the specific limitations should the institution have articulation agreements;

(i) Has been given the address and telephone number of Commission staff along with a statement that reads: "Any person claiming damage or loss as a result of any act or practice by this institution that may be a violation of the Title 49, Chapter 7, Part 20 or Rule Chapter 1540-01-02 may file a complaint with the Tennessee Higher Education Commission, Division of Postsecondary State Authorization after exhausting the grievance process at the institution.";

(j) Has received the most recent withdrawal, completion, and placement data as calculated by the Commission by including in the checklist:

1. For institutions previously authorized by THEC and under new ownership:

(i) The following statement: "For the program entitled, (program name), I have been informed that, for the July (year)/June (year) period, the withdrawal rate is (percent)%, the completion rate is (percent)%, and the in-field placement rate is (percent)%. Detailed statistical data for this program may be viewed by going to http://www.tn.gov/thec/bureaus/student-aid-and-compliance/postsecondary-state-authorization.html." or

(ii) A copy of the institution's most recent Annual Performance Report created by Commission staff and posted on the Commission's website.

2. For institutions that are currently authorized by THEC but zero students were enrolled in the program the previous fiscal year, the following statement: "Understands that withdrawal, completion, and placement information is not currently available because the program has had zero students enrolled in the previous fiscal year. This information will be provided by THEC approximately one year after the institution reports enrollment for this program."

3. For institutions that are offering a new program or institutions that are not currently authorized by THEC, the following statement: "Understands that this is a new program and placement, completion and withdrawal information will be provided by THEC approximately one year after the institution begins offering the program."; and

(k) Has received and understands the institution's cash discount policy (applicable only to those institutions that have a cash discount policy).

(2) Enrollment Agreement: Institutions enrolling an individual in a course or program shall require an institution representative and the prospective student to sign and date an enrollment agreement prior to the student attending one (1) session of class, turning in one (1) assignment, or receiving one (1) distance learning lesson, whichever occurs first. The document must clearly indicate that it is the enrollment agreement (not an application for admissions), and, if multiple pages, the pages of the enrollment agreement shall be paginated using the format "__ of __ pages."

(a) The enrollment agreement shall include, at a minimum:

1. The full and correct name and address of the authorized location of the institution;

2. The name, address, and social security number or unique student identification number of the student;

3. The date training is to begin and program length;

4. If students have the option to attend part-time, full-time or part-time status of the student;

5. The projected date of completion;

6. The program name as approved by the Commission;

7. The total cost of the program, including itemized costs for tuition and other fees, as defined in Rule .03(37) and (57) of these rules, along with an indication of which fees are optional and which fees are program related or post-completion related, for example, third-party testing fees;

8. Cancellation and refund policy;

9. Verification that by signing the agreement the student understands the student's right to receive an exact signed copy of the agreement,

10. Verification that by signing the agreement the institution understands its obligation to immediately provide the student an exact signed copy of the agreement;

11. A guarantee of tuition cost for twelve hundred (1200) contact hours or twelve (12) months from the time of enrollment; programs less than twelve hundred (1200) contact hours must have a set total tuition; and

12. The following statement: "The (name of institution) is authorized by the Tennessee Higher Education Commission. This authorization must be renewed each year and is based on an evaluation of minimum standards concerning quality of education, ethical business practices, and fiscal responsibility."

(b) Institutions that enroll students in individual courses may modify the pre- enrollment checklist or enrollment agreement as appropriate, but should strive to make as few modifications as necessary.

(3) Transfer of Credit Disclosure Statement: Prior to signing an enrollment agreement and the pre-enrollment checklist, institutions shall require the student to complete a Transferability of Credit Disclosure Statement.

(a) The written statement must be:

1. A stand-alone document containing no other disclosures;

2. Contain a space for the prospective student to initial and date; and

3. Printed in type not less than sixteen (16) point font; and

4. Contain the exact language in T.C.A. § 49-7-144(b)(2), except that institution offering contact hours only may substitute the word contact for credit.

(b) Institutions shall post the disclosure on its website, but the language does not have to be in at least sixteen (16) point font.

Notes

Tenn. Comp. R. & Regs. 1540-01-02-.13

Original rule filed May 15, 1985; effective July 1, 1985. Repeal and new rule filed January 24, 1990; effective May 1, 1990. Amendment filed December 15, 1992; effective March 31, 1993. Repeal and new rule filed June 24, 1998; effective October 28, 1998. Amendments filed June 6, 2008; declared void and of no effect pursuant to Davidson County Chancery Court's October 2011 order. See also Attorney General Opinion 11-78. Amendments filed April 1, 2013; to have been effective September 28, 2013. However, a petition for a rulemaking hearing was filed June 26, 2013. The Tennessee Higher Education Commission filed a withdrawal of the rule on July 26, 2013. Amendment filed September 2, 2014; effective December 1, 2014. However, the Government Operations Committee filed a 30-day stay of the amendment on November 19, 2014; new effective date December 31, 2014. The Tennessee Higher Education Commission withdrew the rule on December 10, 2014. Emergency rules filed August 15, 2016; effective October 3, 2016 through April 1, 2017. Repeal and new rules filed December 21, 2016; effective March 21, 2017. Amendments filed September 30, 2022; effective 12/29/2022.

Authority: T.C.A. §§ 49-7-144, 49-7-2005, 49-7-2006, 49-7-2008, and 49-7-2019.