Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB169 96 Amendment No.
169–Assemblymen96 Considine,Assembly Watts,Amendment Anderson;to Assembly Bill No.
Brown-May169 and(BDR Marzola34-745) CHAPTER..........Proposed by:
Assembly Committee on Education Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
AMM/AAK - Date:
4/19/2021 A.B.
No.
169—Revises provisions governing higher education.
(BDR 34-745) Page 1 of 6 *A_AB169_96* Assembly Amendment No.
96 to Assembly Bill No.
169 Page 3 ASSEMBLY BILLN O.
169–ASSEMBLYMEN C ONSIDINE, WATTS , NDERSON ;
BROWN - M AY AND M ARZOLA F EBRUARY 23, 2021 _______________ Referred to Committee on Education SUMMARY—Revises provisions governing higher education.
(BDR 34-745) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring certain institutions of higher education to [have a policy for refunds that requires the institution to refund a student all the money the student has paid if the institution impairs the ability of the student to complete a training program agreed upon in an enrollment agreement;] provide certain information to students;
LegislativeLegExisting Counsel’slaw Digest: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 institutions of higher education of another state which are located in Nevada.
Existing(NRS law394.383, establishes394.415) theUnder Commissionexisting onlaw, Postsecondaryinstitutions Educationlicensed withinby the EmploymentCommission Securityare Divisionrequired ofto thehave Departmenta ofpolicy Employment,for Trainingrefunds andthat Rehabilitationrequires tothe licenseinstitution privatelyto ownedrefund institutionsa ofstudent higherall educationthe whichmoney arethat locatedthe instudent Nevadahas and,paid withif certainthe exceptions,institution brancheshas ofsubstantially publicfailed orto privatefurnish institutionsa oftraining higherprogram educationagreed ofupon anotherin statean whichenrollment areagreement. located in Nevada.
(NRS required394.449) to[This] haveSection a1.6 of this bill [requires the policy to provide for refundsa thatrefund requiresin circumstances where the institution tohas refundimpaired the ability of a student allto complete the moneytraining thatprogram within the studentperiod hasof paidtime ifagreed to in the institutionenrollment hasagreement substantiallyby, failedwithout tolimitation, furnishreducing athe trainingnumber programof agreedcourses uponoffered, reducing the authorized enrollment in courses or increasing the number of required courses.] defines when an enrollmentinstitution agreement.has substantially failed to furnish a training program.
(NRS 394.449) Section 1.6 of this bill defines when an institution has substantially failed to furnish a training program.
and (2) authorizes a postsecondarylocations.ary educational institution to engage in recruiting activities at certain locaExistingExisting 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.
(2) various requirementsAssembly forAmendment anNo. agreement to enroll;
(3)96 pageto ofAssembly theBill InternetNo. website of the postsecondary educational institution;
169 Page 4 link to the disclosure page on the main page of the Internet website of the postsecondary educational institution;
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-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 thehthe 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(1)student’s Includeguardian aand statementan thatofficer of the studentinstitution or[.] the, student’swhich must:
(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.] 81st(e) SessionFor (2021)each –program 3offered –at the institution that does not lead to a degree, collect and maintain information concerning:oesconcerning: 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;
Assembly Amendment No.
96 to Assembly Bill No.
169 Page 5 [(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 the[(3)] examination.I)(III) The number of such graduates who have passed [6.] (f) Select, from the informationexamination. 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 witSec.with paragraph (g) of subsection 1.
[Section 1.] Sec.
(a) That if the institution has substantially failed to furnish the training program agreed upon in the enrollment agreement , [or otherwise impaired the ability of a student to complete the training program within the period of time agreed to in the enrollment agreement, including, without limitation, by reducing the number of courses offered, reducing the authorized enrollment in courses or increasing the number of required courses,] 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 81stall Sessionthe (2021)money –the 4student –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.
(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 agreedAssembly uponAmendment inNo. the enrollment agreement, minus 10 percent of the tuition agreed upon in the enrollment agreement or $150, whichever is less.
(d)96 Thatto ifAssembly aBill studentNo. withdraws or is expelled by the institution after completion of more than 60 percent of the training program, may charge the student the entire cost of the tuition agreed upon in the enrollment agreement.
169 Page 6 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.
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 bythose theitems Administratorwere fornot refundsused required by thisthe subsectionstudent. on aed case-by-case basis.
Disputes must be resolved by the Administrator for refunds required by this subsection on a case-by-case basis.
- 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.
includes5. cancelling or changing a training program agreed uponish” in the enrollment agreement without:
As used in this section, “substantially failed to furnish” includes cancelling or changing a training program agreed upon in the enrollment agreement without:
(Deleted[This byact amendment.)becomes ~~~~~effective 21on -July 81st1, Session2021.] (2021)(Deleted by amendment.)