Michael A. and Karyn E. Schmitt - Page 4

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                                       Registration                                  
          Course                          Fee         Tuition    Total                
          Nonguaranteed review course   ---       ---    $1,075                       
          Guaranteed bar review              $490      $1,000     1,490               
          Guaranteed performance skills      250            500       750             
          Guaranteed essay writing           250           500       750              
          Guaranteed multistate              175       300       475                  
          The record in this case does not indicate whether the cost of the           
          nonguaranteed course comprised a registration fee and tuition or            
          the amounts thereof.                                                        
               The registration fee and tuition had to be paid in full                
          before the first day of review classes.  The course for the                 
          February examination (winter course) began in the preceding                 
          January, and the course for the July examination (summer course)            
          began in June.  Accordingly, students who were enrolled in the              
          winter 1992 bar review course paid their tuition in December                
          1991.  There were 38 students enrolled in LECC’s winter 1992                
          guaranteed course.  The guaranteed tuition from the winter 1992             
          course was approximately $30,000 and was subject to a refund in             
          1992 to any student who failed the February 1992 bar examination.           
               LECC promised to pay the tuition refunds to guaranteed                 
          students who failed the bar examination within 2 weeks of the               
          release of the results.  Petitioner has given certain guaranteed            
          students the option of reenrolling in LECC’s bar review course              
          free of charge instead of obtaining a tuition refund.  Petitioner           
          had discretion over whether to permit a student to reenroll in an           
          LECC course after failing the bar examination.  If he thought               





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