Article 11Enrollment Agreements and Disclosures
Section § 94902
To officially enroll in a school, a student must sign an enrollment agreement drafted by the institution. This agreement must be co-signed by an authorized school employee to be valid.
The agreement is only enforceable if: 1) before signing, the student receives the school's catalog and the School Performance Fact Sheet, 2) the school had valid approval to operate at the time of signing, and 3) both the student and the school must sign and date these required documents, with each part of the fact sheet being individually initialed by the student.
Regardless of payment status, the student must receive, either in writing or electronically, a copy of the signed enrollment agreement.
Section § 94903
This law states that students cannot give up their right to receive any information or terms that must be disclosed under this article. Essentially, students must be informed about specific details, and they cannot choose to opt out of receiving such disclosures.
Section § 94905
If a school offers programs leading to careers requiring a state license, it must check if students can meet those licensure requirements upon graduation and provide them with a list of state requirements, including extra courses if applicable. The school cannot enroll students it knows will not qualify for licensure unless the students have other objectives. Schools must also disclose internship and job placement numbers from the previous year if discussed during enrollment. Additionally, if voluntary government licensing is available for a field, the school must inform students of the requirements.
Section § 94906
Enrollment agreements must be written in simple and understandable language. If a student doesn't speak English fluently and struggles to understand the agreement, they have the right to receive a clear explanation in their own language.
Additionally, if a student was recruited using a language other than English, the agreement and related documents must be provided in that language.
Section § 94907
This law states that schools or educational institutions cannot force students to go through internal complaint processes before they can use any of their legal rights or options outside the school.
Section § 94908
This law requires that any important information or statements in documents like catalogs, School Performance Fact Sheets, or enrollment agreements must be printed in a font size that is at least as big as the main text in those documents.
Section § 94909
This law requires educational institutions to give prospective students a detailed school catalog before they enroll. The catalog must include essential information like the institution's name, contact details, a statement confirming approval by the Bureau for Private Postsecondary Education, and advice on reviewing both the catalog and the School Performance Fact Sheet before enrolling.
It must also outline program descriptions, faculty qualifications, and policies on admissions, credits, withdrawals, refunds, and more. Institutions are required to state if they offer placement services, if they participate in financial aid programs, and must inform students about their responsibilities regarding education loans and the Student Tuition Recovery Fund.
The catalog should clarify the transferability of credits and whether the institution is accredited. Accredited schools may be exempt from providing certain documents to out-of-state students enrolling in distance learning programs, provided they comply with all relevant laws.
Section § 94910
Before enrolling a student, a school must give them a School Performance Fact Sheet. This sheet should cover several key areas such as completion rates, job placement rates, licensing exam pass rates, and potential earnings. If a program is new and lacks data, it must clearly state that on the sheet. There must also be explanations for how these figures are calculated, lists of potential jobs for graduates, and sources backing up salary claims.
The fact sheet is filed with the Bureau for Private Postsecondary Education, and students are encouraged to contact the bureau if they have questions. If the school offers federal financial aid, it must include specific federal loan default rates and the percentage of students with loans.
Schools must clearly disclose if certain students are excluded from the data, and they should not use these specific data in recruitment for students outside California at the time of enrollment.
Section § 94910.5
This law outlines specific requirements for certain accredited law schools to meet when providing information to prospective students. These requirements include following the American Bar Association's standards, offering data such as student completion and placement rates, bar passage rates, and salary information through the Law School Admission Council. Additional information, like the cohort default rate for federal student loans, should also be disclosed. Law schools must post this information clearly online and report it annually to a governing bureau. These rules apply specifically to law schools that are accredited by the American Bar Association, and fulfill certain operational and reporting criteria.
Section § 94911
This law outlines the mandatory elements of an enrollment agreement for educational programs. It requires the agreement to include the institution's name, program details, costs, and refund policies. It must specify which charges are nonrefundable and disclose students' financial obligations clearly.
Important sections must be highlighted, such as total charges and the student's right to cancel, which allows cancellation by the first class session or within seven days of enrollment. Details about loan repayment responsibilities, including potential government actions if a student defaults, must also be explained.
The agreement should inform students about the requirement to receive and review key documents, like the School Performance Fact Sheet, before signing. Additionally, it provides contacts for filing complaints and emphasizes the binding nature of the contract with a well-defined statement near the signature line.
Section § 94912
Before a student signs an enrollment agreement with a school, certain important information must be shared, signed, and dated by both the school and the student. Additionally, each piece of information must be initialed and dated by the student to confirm they have seen and understood it.
Section § 94912.5
This law requires all California institutions that participate in federal student financial aid programs to provide students with a Financial Aid Shopping Sheet. This sheet, developed by the U.S. Department of Education, helps students understand their financial aid packages before enrolling. This requirement started on January 1, 2020, and applies permanently.
Additionally, institutions may seek guidance from the U.S. Department of Education when implementing this requirement to ensure compliance.
Section § 94913
If a school has a website, it must display the current versions of its school catalog, School Performance Fact Sheets for each program, student brochures, a link to the relevant bureau's website, and its latest annual report. Additionally, whenever the school mentions it is approved by the bureau, it must tell students where they can find the bureau's website.