Higher Education Enrollment Agreements Explained
A note: This blog is a bit different from some of our other posts. You’ll find less of the funny comparisons and hyperbole that we usually feature, and, we don’t mind telling you, that this post went through several revisions. The subject matter might even strike you as a bit dry. But, dear reader, if you function in some sort of higher education role that deals with enrollment agreements, we wrote this to help you (because this is what we do).
Though not often blogged about, or, perhaps, precisely because they’re not often blogged about, enrollment agreements are often misunderstood as basic, one-size-fits-all contracts. In the world of higher education, where the commitment to delivering quality programs and engaging in transparent, ethical practices is the name of the game, enrollment agreements can serve as foundational documents. For institutions that use them, this contractual tool does more than outline the legalities of the student-institution relationship; it sets the tone for the entire educational journey. Because of this, they are crucial to get right.
Practical tips on how to make sure your institution’s enrollment agreement is clear, informative, and aligned with your values:
1) Refine Compliance Language
Other than the Academic Catalog, the enrollment agreement is probably subject to the most content-specific compliance requirements. Instead of feeling overwhelmed by the importance of a single document, consider the litany of “gotta do’s” as a starting point for shaping the enrollment agreement. Compile all applicable disclosure and policy requirements from your accrediting organization, state authorization entities, and third-party funding agencies.
Create an outline of topics and identify where required content from more than one entity overlaps. When requirements overlap, take the time to develop one comprehensive policy or disclosure. It may be tempting to include disparate, but related requirements in the exact language suggested by two or three separate agencies to check all the compliance boxes, but this will likely lead to student and administrator confusion on the meaning and application of the policy or disclosure language (see step two). Always consider how related requirements can be combined, carefully including any specifically required words or phrases within a cohesive statement.
There may be times when disparate policies cannot be adequately combined. For example, if your institution does not participate in a state reciprocity agreement (i.e., NC-SARA), it is likely subject to multiple state refund policies that are fundamentally different. In this case, consider publishing your home state refund policy (baseline requirement) in your enrollment agreement with a clear disclaimer that students residing in other states must refer to their state-specific refund policy. Then, create a state-by-state addendum that lists all the refund information applicable to enrolled students who reside in those states.
2) Keep It Simple
While enrollment agreements are legal contracts, they should be readily understood by humans. Policy statements that are unclear to prospective students (the intended audience for enrollment agreements) only cause headaches. They drive confusion, prompt questions that could have been avoided, and may also cause problems down the road for the individuals tasked with administering the policies. Do the work to write and rewrite the enrollment agreement until you are confident that all policies and disclosures use simple language that includes enough detail for students to understand and the institution to administer. Finally, consider using a student focus group and ask them if they understand the language contained in your enrollment agreement—our confidence can always use a reality check.
Imagine that you are a student preparing to enroll at your institution. You’re reading through your enrollment agreement and arrive at a statement about what your tuition covers. Which of the following leaves you with more questions?
“Notwithstanding the foregoing, the party of the first part shall be obligated to remit payment to the party of the second part in consideration for the party of the second part's provision of educational services and materials, which provision is contingent upon the fulfillment of the requisite financial obligations by the party of the first part pursuant to the terms and conditions stipulated herein.”
“Your tuition covers all required textbooks and access to online resources, ensuring you have everything you need for your courses without extra fees.”
3) Data Minimization Principle
Only collect enrollment agreement information you actually need. In today's digital age, where data privacy concerns are at the forefront of many discussions, educational institutions have a responsibility to handle Personally Identifiable Information (or “PII” for the cool kids) with utmost care. The collection and storage of unnecessary data not only increase the risk of privacy breaches but also burden the institution with additional data management responsibilities. By adopting a data minimization approach, institutions can streamline their processes, enhance data security, and demonstrate a commitment to protecting their students' privacy.
At a minimum, once a year, institutions should review their enrollment agreements and ask themselves whether student data is being collected that no longer serves a specific, identifiable purpose. (For example, you may be surprised to find out that many regulatory agencies no longer require collection of social security numbers). It is best to remove unnecessary data fields from all documents so Personally Identifiable Information (or “PII” for the cool kids) is not floating around. A great way to track this year-over-year is to make a data map, which defines how each student-provided data point is used and stored, as well as which regulatory agencies require its collection.
Crafting an effective enrollment agreement is a nuanced and essential task for many institutions. After reviewing many enrollment agreements in our time, we've seen firsthand the complexities and nuances involved. These are not the basic, fill-in-the-blank madlibs that some might assume at first glance. Each agreement is a delicate balance of legal requirements, institutional policies, and student rights, all woven together into a document that sets the stage for a student's educational journey. While enrollment agreements might never be the most exciting topic in higher education, they symbolize a profound pledge: a testament to the earnest commitments institutions make to champion their students' success and uphold their trust from day one.