Ariz. Admin. Code § 4-39-401

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-39-401 - Student Records

A. For students enrolled after the effective date of this Section, a licensee shall maintain records required under this Section in electronic form. The licensee shall ensure that the electronic records are not in a proprietary format and are easily searchable by student.

B. A licensee shall maintain a complete, accurate, and permanent record for each student ever enrolled. The licensee shall ensure that the student record includes the following:

1. An enrollment agreement containing, but not limited to, the following information:

a. Name and address of student;

b. Date the program begins;

c. Total clock or credit hours of the program;

d. Payment schedule and total cost to the student;

e. Refund policy of the licensee;

f. A statement indicating that the individual signing the agreement has read and understands all aspects of the agreement;

g. The notice required under 16 CFR 433;

h. A clear statement by the licensee that the licensee does not guarantee:

i. Job placement to graduates when the program is complete; or

ii. Credits or coursework will transfer to another school, college, or university;

i. If the licensee requires arbitration as part of the student grievance procedure, the following statement: Arbitration of a student grievance is required. Arbitration will take place at a location reasonably convenient for both parties giving due consideration to the student's ability to travel and other pertinent circumstances. Both parties will attempt to have proceedings take place within a reasonable time and without undue delay. The arbitration proceedings will follow the spirit if not the letter of the consumer due process protocol of the American Arbitration Association. The protocol includes but is not limited to a fundamentally fair process; an independent and impartial, competent, and qualified arbitrator; independent administration of the arbitration; reasonable cost; right to representation; and possibility of mediation. Arbitration does not preclude other avenues of recourse, including but not limited to possible relief in small claims courts, unless and until the arbitration result is made binding. Arbitration of a student grievance does not preclude the student from seeking a remedy from the Arizona Board of Private Postsecondary Education;

j. A notice of the right to cancel the enrollment agreement within three days by complying with R4-39-404(A); and

k. Signature of the student and an official of the licensee;

2. Copy of the entrance exam, if applicable;

3. A transcript;

4. Grades received, where applicable;

5. Student attendance information;

6. Counseling records; and

A record of all obligations incurred and all funds paid by or on behalf of the student to the licensee.

C. A licensee shall maintain financial aid records for each student for the length of time required by the DE.

D. A licensee shall make student records available and readily accessible for use and review by an authorized official of the licensee or authorized representative of the Board.

E. A licensee that gives credit toward a course based on job experience, training, or life experience shall record that credit in the student's official transcript, which is part of the student record required under subsection (B). The licensee shall ensure the student's official transcript shows the portion of the course for which the student is given credit based on job experience, training, or life experience.

F. In addition to the information required under subsections (B), and (E), a licensee shall include the following information, as applicable, in the record of a student who graduates:

1. Job placement provided, and

2. Place of employment and beginning salary after graduation.

G. A licensee shall ensure that records required under this Section:

1. Whether in paper or electronic form, are maintained securely and protected against damage or loss from fire, water, theft, tampering, or other harm;

2. Are maintained in perpetuity or submitted to the Board under R4-39-402; and

3. Are made available and readily accessible for use and review by an authorized representative of the Board.

Ariz. Admin. Code § R4-39-401

Adopted effective May 21, 1985 (Supp. 85-3). Amended by final rulemaking at 6 A.A.R. 1129, effective March 7, 2000 (Supp. 00-1). Amended by final rulemaking at 22 A.A.R. 921, effective 6/4/2016.