Michael A. and Karyn E. Schmitt - Page 3

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          course for third-year law students who were planning to take the            
          bar examination after graduation.  Petitioner was an instructor             
          for the bar review courses.                                                 
               LECC’s bar review course was offered on either a guaranteed            
          or nonguaranteed basis.  Under the guaranteed program, students             
          were entitled to a full refund of their tuition if they failed              
          the bar examination.  The same course material and instruction              
          were provided for the guaranteed and nonguaranteed review                   
          courses.  However, students in the nonguaranteed course were not            
          eligible to receive a refund of any portion of their tuition if             
          they failed the bar examination.  Also, the tuition for the                 
          guaranteed course (guaranteed tuition) was higher than the                  
          tuition for the nonguaranteed course.  The supplemental workshops           
          were offered only on a guaranteed basis.  Students enrolled in              
          the guaranteed bar review course could attend the supplemental              
          workshops without paying an additional charge.  Alternatively,              
          students could enroll in a workshop without enrolling in the bar            
          review course.  Class sizes for the bar review course and                   
          supplemental workshops were limited.                                        
               The cost of the guaranteed bar review course and guaranteed            
          supplemental workshops included a registration fee and tuition.             
          The registration fee for the guaranteed course and workshops was            
          nonrefundable.  The costs of the nonguaranteed and guaranteed               
          review courses and the guaranteed workshops were as follows:                





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Last modified: May 25, 2011