Nevada § 394.449 - Requirements of policy for refunds by postsecondary educational institutions

§ 394.449. Requirements of policy for refunds by postsecondary educational institutions

1. Each postsecondary educational institution shall have a policy for refunds which

at least provides: (a) That if the institution has substantially failed to furnish the training program

agreed upon in the enrollment agreement, the institution shall refund to a student

all the money the student has paid. (b) That if a student cancels his or her enrollment before the start of the training

program, the institution shall refund to the student all the money the student has

paid, minus 10 percent of the tuition agreed upon in the enrollment agreement or $150,

whichever is less, and that if the institution is accredited by a regional accrediting

agency recognized by the United States Department of Education, the institution may

also retain any amount paid as a nonrefundable deposit to secure a position in the

program upon acceptance so long as the institution clearly disclosed to the applicant

that the deposit was nonrefundable before the deposit was paid. (c) That if a student withdraws or is expelled by the institution after the start

of the training program and before the completion of more than 60 percent of the program,

the institution shall refund to the student a pro rata amount of the tuition agreed

upon in the enrollment agreement, minus 10 percent of the tuition agreed upon in the

enrollment agreement or $150, whichever is less. (d) That if a student withdraws or is expelled by the institution after completion

of more than 60 percent of the training program, the institution is not required to

refund the student any money and may charge the student the entire cost of the tuition

agreed upon in the enrollment agreement. 2. If a refund is owed pursuant to subsection 1, the institution shall pay the refund

to the person or entity who paid the tuition within 15 calendar days after the: (a) Date of cancellation by a student of his or her enrollment; (b) Date of termination by the institution of the enrollment of a student; (c) Last day of an authorized leave of absence if a student fails to return after

the period of authorized absence; or (d) Last day of attendance of a student, whichever is applicable. 3. Books, educational supplies or equipment for individual use are not included in

the policy for refund required by subsection 1, and a separate refund must be paid

by the institution to the student if those items were not used by the student. Disputes must be resolved by the Administrator for refunds required by this subsection

on a case-by-case basis. 4. For the purposes of this section: (a) The period of a student's attendance must be measured from the first day of instruction

as set forth in the enrollment agreement through the student's last day of actual

attendance, regardless of absences. (b) The period of time for a training program is the period set forth in the enrollment

agreement. (c) Tuition must be calculated using the tuition and fees set forth in the enrollment

agreement and does not include books, educational supplies or equipment that is listed

separately from the tuition and fees. 5. As used in this section, “ substantially failed to furnish ” includes cancelling or changing a training program agreed upon in the enrollment

agreement without: (a) Offering the student a fair chance to complete the same program or another program

with a demonstrated possibility of placement equal to or higher than the possibility

of placement of the program in which the student is enrolled within approximately

the same period at no additional cost; or (b) Obtaining the written agreement of the student to the specified changes and a

statement that the student is not being coerced or forced into accepting the changes, unless the cancellation or change of a program is in response to a change in the requirements

to enter an occupation.