3.1 Student Enrollment, Rights and Responsibilities, and Refunds

Who May Enroll (COMAR 11.23.02.35)

To be eligible to enroll in the program, an individual shall:

1. Be seeking a noncommercial driver's license; and
2. Prior to participating in the behind-the-wheel instruction, obtain and present to the certified school a valid learner's permit.

Note the sequencing. The learner's permit is not required to begin the classroom portion — it is required "prior to participating in the behind-the-wheel instruction." COMAR 11.23.02.34C-D reinforces this from the instructor's side: a certified school shall conduct behind-the-wheel instruction only for a student who has a valid learner's permit, and an instructor shall verify that the individual has a valid learner's permit before providing the instruction. Verification is a personal duty of the instructor at each lesson, not a one-time office check.

§B requires the certified school to make accommodations for a student with special needs in compliance with all local, State, and federal nondiscrimination laws and regulations including, but not limited to, the Americans with Disabilities Act. COMAR 11.23.02.04C(5) separately allows the MVA to certify organizations that provide instruction for students with special needs, and COMAR 11.23.02.33H requires pedal extensions and seat cushions to be available in all training vehicles.

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The Rights and Responsibilities Form (COMAR 11.23.02.08E)

At the time of student enrollment, the certified school shall require the student — and, if the student is under 18 years of age, the parent or guardian — to sign a rights and responsibilities form and return a copy of the signed form to the student. The form must contain:

1. Classroom and testing locations, dates, and times;
2. The certified school's established policy for:
   • (a) course cancellations and postponements, conforming to §A(13);
   • (b) course fees, payment methods, refund policy, and retest fees;
   • (c) fees for remedial and additional instruction;
   • (d) make-up policies; and
   • (e) how and when the behind-the-wheel instruction is scheduled;
3. The payment or assistance policy permitting students with verified financial hardships to participate;
4. That the student's driving record kept by the Administration will be updated within 3 business days after the student completes the program;
5. That, after presenting a complaint to the driving school, the student has a right to file a complaint against a certified school with the Administration, including the appropriate MVA official's contact information, for a violation of the school's responsibilities as set forth in the form or for dissatisfaction with the service provided; and
6. That if the student withdraws, the student shall be provided with a classroom student record and completion form and a behind-the-wheel student record and completion form listing the amount of instruction completed, which will be transferable to a new school, and shall receive a prorated refund in accordance with §A(14).

The signed form is not just a consumer document. COMAR 11.23.01.08A(6) and 11.23.02.09A(6) both require signed student rights and responsibilities forms to be part of the school's retained records.

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Cancellation and Postponement Notice

COMAR 11.23.02.08A(13) requires a certified school to "provide not less than 8 hours notice to the student in the event of a cancellation or postponement of more than 2 hours of a scheduled behind-the-wheel or classroom instructional period."

Read both numbers together. The trigger is a cancellation or postponement exceeding two hours; the duty is eight hours of advance notice. And COMAR 11.23.02.32N requires the certified school to make up all missed classroom instruction if the scheduled instruction is canceled or postponed — the school's own cancellation never counts against the student.

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Refunds

Three distinct refund situations appear in COMAR 11.23:

1. Ordinary withdrawal or transfer

COMAR 11.23.02.08A(14): the certified school shall "provide a prorated refund to a student who withdraws or transfers from the school." Paired with §E(6), the withdrawing student also leaves with transferable classroom and behind-the-wheel record and completion forms.

2. School license suspended or revoked (COMAR 11.23.01.11H)

A school whose license has been suspended or revoked shall immediately:

1. Surrender the school's license to the Administration;
2. Stop conducting courses and all school operations; and
3. Refund student fees as follows:
   • (a) 100 percent of the fees paid if instruction has not started or if the first class of a course was not completed; and
   • (b) in all other cases, a prorated amount based on the portion of courses that have not been completed.

The trigger for a full refund is generous: it is not merely "before the course begins" but also "if the first class of a course was not completed."

3. Fee disclosure as a precondition

Because COMAR 11.23.01.20D(3)-(4) requires the fee schedule and the refund procedure to be prominently displayed in the business office, and COMAR 11.23.02.08E(2)(b) requires both in the signed enrollment form, a school cannot rely on an undisclosed refund policy.

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Financial Hardship

Two provisions work together. COMAR 11.23.02.06C(4) requires the certification applicant to file a written policy detailing a proposed payment or assistance plan for students with verifiable financial hardships. COMAR 11.23.02.08B(5) requires the certified school to maintain at all times a payment or assistance policy that will permit students with verifiable financial hardships to participate in the program courses. It is a continuing obligation, not a one-time application attachment.

Worked scenario

Case. A student completes 12 of the 30 classroom hours and 2 of the 6 behind-the-wheel hours, then moves out of the school's service area and withdraws.

Analysis. Under COMAR 11.23.02.08A(14) the school owes a prorated refund. Under §E(6) the school must give the student a Classroom Student Record and Completion Form and a Behind-the-Wheel Student Record and Completion Form listing the instruction completed — the forms identified in COMAR 11.23.02.38A as DE-003A and DE-003B — so the hours transfer to the new school. The school retains copies under COMAR 11.23.02.09A.