§ 6-51-607 - Private Career School Student Protection Trust Fund.
               	 		
6-51-607.    Private Career School Student Protection Trust Fund.
    (a)    (1)  Each school licensed under this subchapter shall pay annually a fee to be set by the State Board of Private Career Education.
      (2)  The  fee shall be set at such amount as the board deems necessary to  establish the Private Career School Student Protection Trust Fund and to  maintain the Private Career School Student Protection Trust Fund as  necessary.
      (3)  For a renewing  school, the fee shall be based on the enrollment of Arkansas residents  in the preceding twelve (12) months of July 1 through June 30.
      (4)    (A)  For  an original license, the fee shall be a percentage as determined by the  board of the sum of the tuitions for each program offered.
            (B)  Additionally,  during the first twelve (12) months of licensure, the same percentage  shall be paid to the Private Career School Student Protection Trust Fund  on additional new programs of study.
(b)  The  fee will be deposited in a trust fund in the State Treasury to be  called the Private Career School Student Protection Trust Fund.
(c)  The  fee will not be levied if, on May 30 of any year, the balance of the  Private Career School Student Protection Trust Fund exceeds five hundred  thousand dollars ($500,000). However, regardless of the balance in the  Private Career School Student Protection Trust Fund, a fee, as set by  the board, will be assessed newly licensed schools. Newly licensed  schools will pay for a number of years equal to the number of years paid  by schools licensed on September 1, 1989.
(d)  The  assets of the Private Career School Student Protection Trust Fund may  be invested and reinvested as the board may determine. Any interest  income or dividends from the investment of the fund shall be credited to  the Private Career School Student Protection Trust Fund.
(e)  With  the approval of the board, the Director of the State Board of Private  Career Education may use any amounts in the Private Career School  Student Protection Trust Fund, including accumulated interest, to:
      (1)  Pay  claims filed by students not to exceed a total of one hundred thousand  dollars ($100,000) for all students of the school when a school becomes  insolvent or ceases to operate without offering a complete program of  study;
      (2)  Pay expenses incurred  by a school not to exceed a total of one hundred thousand dollars  ($100,000) that are directly related to educating a student placed in  the school under this subchapter, including the applicable tuition for  the period of time for which the student has paid tuition;
      (3)  Pay  expenses directly associated with the storage and maintenance of  academic and financial aid records of those students adversely affected  by school closings;
      (4)    (A)  Pay administrative cost due to school closings, including without limitation:
                  (i)  Travel expenses; and
                  (ii)  The employment of temporary personnel to assist with transport and organization of student records.
            (B)  Provided  further, that reimbursement for the expenses incurred in subdivision  (e)(4)(A) of this section shall not exceed five thousand dollars  ($5,000) per school closing.
(f)  Any  amounts in the fund above the required five hundred thousand dollars  ($500,000) may be used with the approval of the board to:
      (1)  Fund  educational seminars and other forms of educational projects for the  use and benefit of licensed school administrators, faculty, staff, or  admissions representatives;
      (2)  Provide  for travel expenses and registration fees to send staff or board  members to accrediting meetings, seminars, or meetings relating to the  school sector; or
      (3)  Provide staff assistance.
(g)    (1)  If a school closes, the director shall attempt to place each student of the school in another school.
      (2)  If  the student cannot be placed in another school, the student's tuition  for which education has not been received may be refunded on a pro rata  basis in the manner prescribed by the board.
      (3)  If  another school assumes responsibility for the closed school's students  with no significant changes in the quality of training, a student is not  entitled to a refund under this section.
      (4)  Attorneys' fees, court costs, or damages may not be paid from the Private Career School Student Protection Trust Fund.