40 Tex. Admin. Code § 807.263 - Refund Requirements
Current through Reg. 46, No. 53; December 31, 2021
(a)
Students are entitled to a full refund for classes attended 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 schools 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 full refund required by subsections (a) - (c) and (f) of this section
any amount provided for in statute as retainable by the school pursuant to
Texas Education Code §
132.061. More
specifically, the school may withhold items of extra expense to the student
referenced in §132.061(b)(6), 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.
Notes
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