6E-1.0032: Fair Consumer Practices
PURPOSE AND EFFECT: The purpose and effect of the proposed amendment is to require a licensed institution to submit its training program, which provides training of enrollment and admission personnel pursuant to the existing fair consumer requirements, for approval by the Commission for Independent Education and to clarify certain fair consumer requirements in the areas of discounts and transferability of credits.
SUMMARY: The proposed rule provides that discounts in tuition or fees are not permissible based upon the method or timing of payment and deletes a reference to a disclosure about the transferability of credits to clarify that the required disclosures are addressed under paragraph (5)(f) of the rule. The proposed rule adds a new subsection that requires an institution to submit its fair consumer training program for approval and to ensure that all personnel who recruit and participate in the admission of prospective students receive the training.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1005.22(1)(e)1., 1005.34 FS.
LAW IMPLEMENTED: 1005.04, 1005.22(1)(k), 1005.32(5), 1005.34 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 17, 2010, 11:00 a.m.
PLACE: Miami Dade College – Wolfson Campus, 300 N.E. 2nd Avenue, Building 2000, Room 2106, Miami, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Samuel L. Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400
THE FULL TEXT OF THE PROPOSED RULE IS:
6E-1.0032 Fair Consumer Practices.
(1) through (4) No change.
(5) Any licensed institution offering a program which does not make qualify the graduate eligible to take required professional examinations in that field or to practice regulated professions in that field in Florida must publish a disclosure statement to inform prospective students clearly and unambiguously of this fact.
(6) Each prospective student shall be provided a written copy, or shall have access to an electronic copy, of the institution’s catalog prior to enrollment or the collection of any tuition, fees or other charges. The catalog shall contain the following required disclosures, and catalogs of licensed institutions must also contain the information required in subsections 6E-2.004(11) and (12), F.A.C.:
(a) through (c) No change.
(d) Licensure and accreditation status: The institution shall disclose its status regarding licensure by the Commission and its status as an accredited institution or program, as applicable. The level and scope of licensure or accreditation shall be disclosed, and any ramifications of accreditation or lack of accreditation on the (such as ability to sit for professional examinations, and eligibility for financial aid, or transferability of credits) shall be disclosed. If the institution makes claims that it is accredited by an accrediting agency that is not recognized by the United States U.S. Department of Education, the following disclosure statement must be made in large bold type, all capital letters, and is to be inserted in the publications or advertising, as defined in subsection 6E-1.003(5), F.A.C., prior to identification of or mention of any accrediting association or agency. The required statement is:
THE ACCREDITING AGENCY(S) OR ASSOCIATION(S) LISTED BELOW IS/ARE NOT RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AS AN APPROVED ACCREDITING AGENCY. THEREFORE, IF YOU ENROLL IN THIS INSTITUTION, YOU MAY NOT BE ELIGIBLE FOR TITLE IV FEDERAL FINANCIAL ASSISTANCE, STATE STUDENT FINANCIAL ASSISTANCE, OR PROFESSIONAL CERTIFICATION. IN ADDITION, CREDITS EARNED AT THIS INSTITUTION MAY NOT BE ACCEPTED FOR TRANSFER TO ANOTHER INSTITUTION, AND MAY NOT BE RECOGNIZED BY EMPLOYERS.
This disclosure statement shall be inserted in all advertisements or publications wherever accreditation by an unrecognized accrediting agency is mentioned.
(e) through (k) No change.
(7) Reduction of tuition or fees: A reduction in tuition, fees, or other charges may be implemented when there are specific criteria for student eligibility and selection procedures precisely disclosed within a policy at the institution. All students within the enrollment period that the reduction is offered must be eligible to apply for this reduction under the same circumstance; however there shall be no reduction based upon the timing or method of payment. The institution must maintain verifiable records including detailed and complete data when students are granted a bona fide reduction in tuition or fees. This must include copies of all application records, notes of selection committee meetings, and copies of notices to the student who received the reduction. This information shall be kept on file at the institution for on site review by CIE.
(8) A licensed institution which is not accredited by a United States Department of Education USDOE recognized institutional accrediting agency shall use an enrollment agreement or application for admission which, in addition to the catalog, shall be the binding contract between the institution and the student. The binding document shall include, but not be limited to, the following:
(8)(a) through (11) No change.
(12) It shall be the responsibility of an institution to require a training program for all staff who recruit prospective students or who participate in the admission of prospective students, at the institution. The training program shall be submitted to the Commission for approval with each application for a provision al license, an annual license or a license by means of accreditation, and with each annual review of a license by means of accreditation. Institutions that choose to employ a training provider for its training program may, if the program provided by the contractor has been approved by the Commission, provide the program without additional approval. Training shall include information to familiarize staff who recruit prospective students, or who participate in the admission of prospective students, with Chapter 1005, Florida Statutes, and with the institution’s programs, services, costs, terms of payment, financial aid available for qualified students, refund policy, transferability of credits to other institutions, reasonable employment projections and accurate placement data, status of the institution regarding licensure and accreditation, facts regarding the eligibility of graduates to sit for licensure examinations or fulfill other requirements to practice in Florida the career or profession for which the prospective student wishes to be trained, and other relevant facts. The training program shall reflect the fair consumer practices outlined in Sections 1005.04 and 1005.34, Florida Statutes, and this rule.
(13)(12) Institutions shall maintain a file or keep a record for each student at each location, translated into English and conforming to the requirements of Rule 6E-2.004, F.A.C., and containing the following at a minimum:
(a) Academic transcript;
(b) All documents evidencing a student’s eligibility for enrolled programs;
(c) Any certificates or diplomas earned;
(d) Copies of applications or contractual agreements;
(e) Financial records;
(f) Student counseling or advising records; and
(g) Records of progress.
Rulemaking Specific Authority 1005.22(1)(e)1., 1005.34 FS. Law Implemented 1005.04, 1005.22(1)(k), 1005.31(13), 1005.32(5), 1005.34 FS. History–New 10-19-93, Amended 4-2-96, 11-5-00, 1-7-03, 1-20-04, 3-29-04, 3-28-05, 5-18-05, 6-13-05, 7-23-07, _________.