AB 169 — Revises provisions governing higher education. (BDR 34-745)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2021) FIRST REPRINT A.B.

169169–Assemblymen AConsidine, SSEMBLYWatts, BILLAnderson; NO .

169–ASSEMBLYMENBrown-May CONSIDINEand ,Marzola WATTSCHAPTER.......... , ANDERSON ;

BROWN -MAY AND M ARZOLA FEBRUARY 23, 2021 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing higher education.

(BDR 34-745) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law establishes the Commission on Postsecondary Education within the Employment Security Division of the Department of Employment, Training and Rehabilitation to license privately owned institutions of higher education which are located in Nevada and, with certain exceptions, branches of public or private 394.383, 394.415) Under existing law, institutions licensedof byhigher theeducation Commissionof areRSanother requiredstate towhich haveare alocated policy for refunds that requires the institution to refund a student all the money that the student has paid if the institution has substantially failed to furnish a training program agreed upon in anNevada. enrollment agreement.

(NRS required to have a policy for refunds that requires the institution to refund a student all the money that the student has paid if the institution has substantially failed to furnish a training program agreed upon in an enrollment agreement.

(1) prohibits a postsecondary educational institution from postsecondaryengaging educational institution to engage in recruiting activities atin certain locations.circumstances;

Existingand (2) authorizes a postsecondary educational institution to engage in recruiting activities at certain locaExisting law sets forth various requirements for postsecondary educational institutions, including, without limitation, providing students with a catalog or brochure of information related to the institution and a copy of the agreement to enroll in the institution.

(NRS 394.441) Section 1.3 of this bill sets forth additional requirements for postsecondary educational institutions, which include, without andlimitation: complete copy of a catalog or brochure to a student before signing anide a current agreement to enroll;

(1) requiring a postsecondary educational institution to provide a current and complete copy of a catalog or brochure to a student before signing an agreement to enroll;

(3) - *AB169_R1* – 2 – including a disclosure page or prominent link to the disclosure page on the main page of the Internet website of the postsecondary educational institution;

and (4) theincluding postsecondarya educationalstatement institution.ersonindicating where a person can access the complaint policy of THEthe PEOPLEpostsecondary OFeducational THEinstitution. STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1.- 81st Session (2021) – 2 – students cannot reasonably be expected to make informed prospective decisions regarding enrollment.

Shall not engage in recruiting activities where prospective students cannot reasonably be expected to make informed decisions regarding enrollment.

[1.] (a) Provide students and other interested persons with a current and complete catalog or brochure containing information describing the programs offered, objectives of the program, length of the program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, policies concerning cancellations and refunds, an explanation of the Account for Student Indemnification and other material facts concerning the institution and the program or course of instruction that are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the Administrator or defined in thetheh any regulations of the Commission.

[4.] (d) Provide each student with a current and complete copy of the agreement to enroll, dated and signed by the student or the student’sstudent(1) guardianInclude anda anstatement officerthat of the institutionstudent [.]or ,the whichstudent’s must:

- *AB169_R1* – 3 – (1) Include a statement that the student or the student’s guardian and the officer of the institution have reviewed each section of the agreement and had the opportunity to ask questions;

[5.]- (e)81st ForSession each(2021) program– offered3 at– the institution that does not lead to a degree, collect and maintain information concerning:concerning:oes not [(a)] (1) The number of students enrolled in the program and the number and names of students who have obtained employment in related fields, with their locations of placement;

[(a)] (1) The number of students enrolled in the program and the number and names of students who have obtained employment in related fields, with their locations of placement;

and [(3)]the (III)examination.I) The number of such graduates who have passed [6.] (f) Select, from the examination.information collected pursuant to [subsection 5,] paragraph (e), the information relating to any 6- month period within the 18-month period preceding its next date for enrollment.

[6.] (f) Select, from the information collected pursuant to [subsection 5,] paragraph (e), the information relating to any 6- month period within the 18-month period preceding its next date for enrollment.

The Commission shall adopt regulations imposing a fine against a postsecondary educational institution that fails to comply withwitSec. paragraph (g) of subsection 1.

- *AB169_R1* – 4 – Sec.

(b) That if a student cancels his or her enrollment before the start of the training program, the institution shall refund to the student- all81st theSession money(2021) the– student4 has– paid, minus 10 percent of the tuition agreed upon in the enrollment agreement or $150, of 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.

(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.

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 thoseby itemsthe wereAdministrator notfor usedrefunds required by thethis student.subsection on aed case-by-case basis.

Disputes4. must be resolved by the Administrator for refunds required by this subsection on a case-by-case basis.

- *AB169_R1* – 5 – 4.

- 81st Session (2021) – 5 – (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.

includes cancelling or changing a training program agreed uponsh”uponish” in the enrollment agreement without:

(Deleted by amendment.) H~~~~~ 21 - *AB169_R1*81st Session (2021)