Utah 2025 Regular Session

Utah House Bill HB0097 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ H.B. 97
	1	+	01-03 15:51 H.B. 97
2	2		1
3	3		Private Postsecondary Education Modifications
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Stephen L. Whyte
7		-	Senate Sponsor: Michael K. McKell
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
13	12		General Description:
14	13		5
15	14		This bill amends provisions related to a postsecondary school's required disclosures.
16	15		6
17	16		Highlighted Provisions:
18	17		7
19	18		This bill:
20	19		8
21	20		▸ defines terms;
22	21		9
23	22		▸ exempts a reasonable deposit from the amount a postsecondary school must refund a
24	23		10
25	24		student under certain circumstances; and
26	25		11
27	26		▸ makes technical and conforming changes.
28	27		12
29	28		Money Appropriated in this Bill:
30	29		13
31	30		None
32	31		14
33	32		Other Special Clauses:
34	33		15
35	34		None
36	35		16
37	36		Utah Code Sections Affected:
38	37		17
39	38		AMENDS:
40	39		18
41	40		13-34-109, as repealed and reenacted by Laws of Utah 2023, Chapter 458
42	41		19
43	42
44	43		20
45	44		Be it enacted by the Legislature of the state of Utah:
46	45		21
47	46		Section 1. Section 13-34-109 is amended to read:
48	47		22
49	48		13-34-109 . Required disclosures.
50	49		23
51	50		(1) As used in this section, "cooling off period" means a three-business day period during
52	51		24
53	52		which a student may rescind an enrollment agreement and receive a refund of all money
54	53		25
55	54		paid, except:
56	55		26
57	56		(a) a reasonable application fee; and
58	57		27
59	58		(b) a deposit that does not exceed 10% of the total cost of tuition for the first term.
60	59		28
61		-	[(1)] (2) Before a postsecondary school may enroll or accept payment from a student, the ~~H.B. 97 Enrolled Copy~~
	60	+	[(1)] (2) Before a postsecondary school may enroll or accept payment from a student, the
62	61		29
63	62		postsecondary school shall clearly and conspicuously disclose in writing to the student:
64	63		30
65	64		(a) the postsecondary school's name, address, and location;
66	65		31
67		-	(b) the requirements or qualifications a student is required to satisfy to enroll in the
	66	+	(b) the requirements or qualifications a student is required to satisfy to enroll in the H.B. 97 01-03 15:51
68	67		32
69	68		postsecondary school;
70	69		33
71	70		(c) a complete description of the services for which the student will pay, including:
72	71		34
73	72		(i) facilities, faculty, resources, or equipment that the student may use in connection
74	73		35
75	74		with the services, or to access the services;
76	75		36
77	76		(ii) the duration of services provided; and
78	77		37
79	78		(iii) completion or graduation requirements;
80	79		38
81	80		(d) information regarding how the postsecondary school's services relate to state
82	81		39
83	82		licensing requirements if the services are intended to prepare a student for licensure;
84	83		40
85	84		(e) tuition, fees, and any other charge or expense to be paid by the student;
86	85		41
87	86		(f) a financial assistance policy, if any;
88	87		42
89	88		(g) the complete terms of any financing agreement, including an income sharing or other
90	89		43
91	90		agreement, offered to the student;
92	91		44
93	92		(h) the postsecondary school's cancellation and tuition refund policy [that] which shall
94	93		45
95	94		include, at a minimum:
96	95		46
97	96		(i) a [three-business-day ]cooling off period[ during which a person may rescind the
98	97		47
99	98		enrollment agreement and receive a refund of all money paid, less a reasonable
100	99		48
101	100		application fee,] that may not end before midnight on the third business day after
102	101		49
103	102		the latest of:
104	103		50
105	104		(A) the day on which the [person] student signs the enrollment agreement;
106	105		51
107	106		(B) the day on which the [person] student pays the postsecondary school for
108	107		52
109	108		services, other than an application fee;
110	109		53
111	110		(C) the day on which the [person] student first attends the postsecondary school; or
112	111		54
113	112		(D) the day on which the [person] student first gains access to the postsecondary
114	113		55
115	114		school's services; and
116	115		56
117	116		(ii) a written description of the postsecondary school's refund policy following the
118	117		57
119	118		cooling off period described in Subsection [(8)(a);] (2)(h)(i);
120	119		58
121	120		(i)(i) whether the postsecondary school is accredited by an accrediting agency; and
122	121		59
123	122		(ii) whether the program in which a student intends to enroll is accredited by an
124	123		60
125	124		accrediting agency, if applicable;
126	125		61
127	126		(j) the existence and amount of the postsecondary school's surety bond, certificate of
128	127		62
129	128		deposit, or irrevocable letter of credit;
130		-	- 2 - Enrolled Copy H.B. 97
131	129		63
132	130		(k) information regarding how to file a complaint against the postsecondary school with
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134	132		the division, the postsecondary school's accrediting agency, and the postsecondary
135	133		65
136	134		school's approval or licensing entity; and
	135	+	- 2 - 01-03 15:51 H.B. 97
137	136		66
138	137		(l) student outcomes specified in rules made by the division under Section 13-34-103.
139	138		67
140	139		[(2)] (3) A postsecondary school may comply with Subsection [(1)(k)] (2)(k) by placing a
141	140		68
142	141		conspicuous link on the postsecondary school's website that connects to:
143	142		69
144	143		(a) the contact information for each entity described in Subsection [(1)(k)] (2)(k) with
145	144		70
146	145		which a person may file a complaint; or
147	146		71
148	147		(b) a third party's website that states the contact information for each entity described in
149	148		72
150	149		Subsection [(1)(k)] (2)(k) with which a person may file a complaint.
151	150		73
152	151		Section 2. Effective Date.
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154	153		This bill takes effect on May 7, 2025.
155	154		- 3 -