Title 20 . Miscellaneous Boards and Commissions

Chapter 17 . Mental Health Trust Authority

Section 85. Enrollment contract

20 AAC 17.085. Enrollment contract

(a) An institution offering noncollegiate instruction shall provide each student with an enrollment contract executed by both the student and the institution on or before the date the student begins any training.

(b) The enrollment contract must include at least the following:

(1) the name and address of the institution;

(2) the name and description of the course, or courses, of study, including the number of hours of classroom instruction and home-study lessons, the days and hours of attendance, the date the student will begin instruction, and the anticipated date of program completion;

(3) the total cost of the course of study, including charges for tuition, room and board, books, materials, supplies, and other expenses;

(4) a clear and conspicuous statement that the contract is a legally binding instrument when signed by the student and signed and accepted by the institution;

(5) a clear and conspicuous caption, "STUDENT'S RIGHT TO CANCEL" under which it is explained that the student has the right to cancel the enrollment contract until the institution's close of business on the first day of instruction;

(6) the procedure for cancellation of the contract;

(7) a clear and conspicuous statement that the institution, as signatory of the enrollment contract, is subject to all claims and defenses of the student or the student's successors in interest, arising under the contract;

(8) a statement of the institution's refund policy, the conditions necessary for obtaining a refund, and the procedure required for obtaining a refund; and

(9) a complete listing of all payment options, including discount plans, if any, available to prospective students; the commission must be informed in writing of all such options; if tuition payment options include the use of an Alaska education loan, the school must disclose its Alaska education loan disbursement requirements; if the disbursement requirements do not appear in the contract, they must be published in the school catalog.

(c) An enrollment contract may not provide that the student waives the right to assert against the institution, or the institution's assignee, any claim or defense the student may have against the school arising under the contract. A provision in a contract in which the student agrees to such a waiver is unenforceable.

(d) An enrollment contract must be separate and distinct from any other document, and clearly labeled as a contract.

(e) No enrollment contract, or any other contract between the student and the institution, may contain a wage-assignment provision or a confession-of-judgment clause.

(f) Revisions to the enrollment contract, including to the curriculum or dates of instruction, must be documented by an executed revised enrollment contract, or commission-approved alternative form, on or before the date of implementation of any revisions.

History: Eff. 3/15/85, Register 93; am 5/4/90, Register 114; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 12/31/2005, Register 176

Authority: AS 14.42.030

AS 14.48.050

AS 14.48.060

Editor's note: As of Register 160 (January 2002), the regulations attorney made technical revisions under AS 44.62.125 (b)(6), and in accordance with ch. 85, sec. 45, SLA 2001, to change "scholarship loan" to "education loan" in 20 AAC 17.085(b) (9).