940 CMR, § 31.03
Clearly and Conspicuously. Presented as to be readily noticed and understood by a reasonable person, as defined in 940 CMR 6.01: Definitions. Further, without limiting the requirements of the preceding section, to be clear and conspicuous, the disclosures in 940 CMR 31.05 must be:
(a) contained on a school's website in a manner that is easy to locate and access; and
(b) provided to and signed and dated by the consumer or prospective student, with copies to be provided both to the consumer or prospective student (and if the prospective student is younger than 18 years old, to the prospective student's parent or guardian) and retained by the school.
Employment in the Field of Study. Employment in the job specified in the name of the program or in the certificate, diploma, or degree conferred by a school upon graduation from the program, or the reasonable equivalent thereof, such as those set forth in the "Sample of reported job titles" and "Related Occupations" listed in the Summary Report for each Standard Occupational Classification (SOC) code obtained by entering the program's Classification of Instructional Program (CIP) code on O*NET crosswalk, http://www.onetonline.org/crosswalk/CIP. The "reasonable equivalent" does not include a job for which:
(a) training in the program is not required; and
(b) the entry level salary is less than 80% of the entry level salary of the job specified in the name of the program.
Enrollment Agreement. A contract or agreement under which a consumer agrees to pay tuition or fees to a school or to obtain a loan or grant to pay tuition or fees to a school.
For-profit School. A private post-secondary institution established, operated, or incorporated for profit-making purposes, including any for-profit institution of higher education that offers courses for credit or programs leading to a certificate, diploma, or degree.
Graduate Placement Rate. The number of students obtaining full time (at least 32 hours per week) and non-temporary employment in the field of study during the latest two calendar years for which the school has obtained verification, divided by the number of all students graduating from the program during the latest two calendar years. The graduate placement rate shall be determined within 180 days from the end of each calendar year.
Graduation Rate. The number of students who received certificates, diplomas, or degrees in the program during the latest two calendar years, divided by the number of students who enrolled in the program during the latest two calendar years. The graduation rate shall be determined within 180 days from the end of each calendar year.
Institutional Loan. A loan provided directly from a school to a student, or from a school to a student through an affiliated lending institution or whose payments to the lender are guaranteed or insured, in whole or in part, by the school.
Lending Institution.
(a) Any private entity that itself, or through an affiliate, engages in the business of making loans to students, parents, or others, for the purposes of financing higher education expenses or that securitizes such loans;
(b) any private entity, or association of entities, that guarantees educational loans; or
(c) any industry, trade, or professional association that receives money from any entity described above 940 CMR 31.03: Lending Institution (a) and (b).
Loan Amount. The total principal amount borrowed by a student in connection with enrollment in a program from all public and institutional lending sources.
Loan Nonpayment Percentage. The sum of:
(a) the most recent federal cohort default rate (as calculated pursuant to 34 CFR Part 668 , Subparts M and N); and
(b) the percentage of student borrowers in said cohort, other than those borrowers in 940 CMR 31.03: Loan Nonpayment Percentage (a), whose Stafford loans, at the time the most recent cohort default rate was calculated, were in deferment or forbearance; and
(c) the percentage of student borrowers in said cohort, other than those borrowers in categories 940 CMR 31.03: Loan Nonpayment Percentage (a) and (b), who defaulted under the terms of institutional loans during the cohort default period.
Median Completion Time. The median duration of attendance in months, rounded to the nearest month, of all students who obtained a certificate, diploma, or degree from a program during the latest two calendar years.
Occupational Program. Any program whose principal purpose is to train or prepare individuals for a business, trade, technical, or industrial occupation, or any other vocational purpose, including but not limited to occupational certificate, or diploma programs offered by correspondence schools, private business schools, private trade schools and similar entities, and by for-profit schools.
Placement. A student's employment, career, or occupation after leaving a school, or the employment, career, or occupation a school program qualifies or prepares students to enter or obtain.
Placement Services. Services or assistance provided by a school in connection with the securing or attempting to secure employment for students.
Preferred Lender and Preferred Lender List. Any Lending Institution or selection of Lending Institutions that a school endorses, promotes, chooses, or assigns preferential status to, by, without limitation, posting a Lending Institution's name or loan product's name on the school's website or including a Lending Institution's name or loan product's name in informational mailings or brochures or any other document provided to students, prospective students, or their parents, or arranging or otherwise facilitating the origination of loans from the Lending Institution.
Program. A course of study for which a school confers a certificate, diploma, or degree.
Program Cost. The tuition and fees charged for completing a program, including the typical costs for books and supplies (unless those costs are included as part of tuition and fees) the cost of room and board (whether on or off campus), and transportation.
School. Any institution:
(a) that is a for-profit school; or
(b) that offers an occupational program, except:
1. a school charging no fee or tuition to any students;
2. a school offering exclusively recreational programs for the purpose of relaxation and enjoyment in non-occupational pastimes, exercise or other such diversions;
3. a program owned and operated by established religious institutions for the exclusive purpose of providing religious instruction;
4. a course of instruction for the primary education of students in grades prekindergarten through 12;
5. a public community college, public college, public university, or charitable nonprofit college or university; and
6. incidental training associated with the purchase of a product from a vendor, provided, however, that the training is to familiarize the purchaser with its use and the purchaser is not awarded any form of a certificate or diploma for having received the training.
Total Placement Rate. The product of the graduate placement rate and the graduation rate. The total placement rate shall be determined within 180 days from the end of each calendar year.
940 CMR, § 31.03