Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private occupational school student protection account. Treatment of overpayments and underpayments.
               	 		
      Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private occupational 
school student protection account. Treatment of overpayments and underpayments. (a) There shall be an account to be known as the private occupational school 
student protection account within the General Fund. Each private occupational school 
authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, 
shall pay to the State Treasurer an amount equal to one-half of one per cent of the tuition 
received by such school per calendar quarter exclusive of any refunds paid, except that 
correspondence and home study schools authorized in accordance with the provisions 
of sections 10a-22a to 10a-22o, inclusive, shall contribute to said account only for Connecticut residents enrolled in such schools. Payments shall be made by January thirtieth, 
April thirtieth, July thirtieth and October thirtieth in each year for tuition received during 
the three months next preceding the month of payment. Said account shall be used for 
the purposes of section 10a-22v. Any interest, income and dividends derived from the 
investment of the account shall be credited to the account. All direct expenses for the 
maintenance of the account may be charged to the account upon the order of the State 
Comptroller. The Commissioner of Higher Education may assess the account (1) for 
all direct expenses incurred in the implementation of the purposes of this section which 
are in excess of the normal expenditures of the Department of Higher Education for 
accounting, auditing and clerical services, and (2) for the fiscal years ending June 30, 
2000, and June 30, 2001, in an amount not to exceed one hundred seventy thousand 
dollars in each of such fiscal years for personnel and administrative expenses for the 
purposes of sections 10a-22a to 10a-22o, inclusive, provided such amount does not 
exceed the annual interest accrual, which shall be transferred to the appropriation of the 
Department of Higher Education for personal services and other expenses for positions 
and responsibilities relating to said sections, provided the department has expended all 
federal funds that may be available for personnel and administrative expenses for the 
purposes of said sections. After disbursements are made pursuant to subdivisions (1) 
and (2) of this subsection, if the resources of the private occupational school student 
protection account exceed two million five hundred thousand dollars, no additional 
school assessments shall be made.
      (b) Payments required pursuant to subsection (a) of this section shall be a condition 
of doing business in the state and failure to make any such payment within thirty days 
following the date on which it is due shall result in the loss of authorization under section 
10a-22f. Such authorization shall not be issued or renewed if there exists a failure to 
make any such payment in excess of thirty days following the date on which it is due.
      (c) If an audit conducted by the Department of Higher Education determines that 
a school has paid into the private occupational school student protection account an 
amount less than was required, the school shall pay said amount plus a penalty of ten 
per cent of the amount required to the State Treasurer within thirty days of receipt of 
notice from the commissioner or his designee of the amount of the underpayment and 
penalty.
      (d) If an audit conducted by the Department of Higher Education determines that 
a school has paid into the private occupational school student protection account an 
amount more than was required, subsequent payment or payments by the school shall 
be appropriately credited until such credited payment or payments equal the amount of 
the overpayment.
      (P.A. 77-440, S. 1; P.A. 78-158, S. 1, 4; P.A. 79-380, S. 13; P.A. 83-150, S. 1, 4; P.A. 84-176, S. 3, 5; P.A. 93-294, S. 
14, 17; P.A. 94-95, S. 8; P.A. 95-226, S. 20, 30; P.A. 97-285, S. 1, 2; P.A. 99-192, S. 1, 2; May 9 Sp. Sess. P.A. 02-1, S. 
128; P.A. 06-150, S. 17.)
      History: P.A. 78-158 required payment to treasurer of one-half of 1%, rather than 1%, of tuition received, rather 
than of tuition paid by newly enrolled students, excepted refunds and made special provision for payments relative to 
correspondence and home study schools, revised payment schedule slightly and allowed state board to assess fund for 
expenses incurred in implementation of section which exceed normal expenses for accounting, auditing and clerical services 
in Subsec. (a); P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted 
"authorized" and "authorization" for "licensed" and "licensure"; P.A. 83-150 changed name from "Proprietary School 
Default Assurance Fund" to "Private Occupational School Student Protection Fund", deleted obsolete reference to payments 
made in 1978 and authorized commissioner of education and department of education rather than state board of education 
to administer fund; P.A. 84-176 added Subsecs. (c) and (d) re treatment of overpayments and underpayments to the fund; 
P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department 
of education to the department of higher education, added Subsec. (a)(2) re the fiscal years ending June 30, 1994 and June 
30, 1995, and made technical changes, effective July 1, 1993; Sec. 10-14i transferred to Sec. 10a-22u in 1995; P.A. 94-95 changed name of fund from "Private Occupational School Student Protection Fund" to "private occupational school 
student protection account"; P.A. 95-226 extended Subdiv. (2) to the fiscal years ending June 30, 1996, and June 30, 1997, 
increased the limit for personnel and administrative services from $100,000 to $118,000 and made a technical change, 
effective July 1, 1995; (Revisor's note: In 1997 references in Subsecs. (c) and (d) to "Private Occupational School Student 
Protection Fund" were changed editorially by the Revisors to "private occupational school student protection account" to 
conform said Subsecs. with Subsec. (a) as amended by P.A. 94-95); P.A. 97-285 amended Subdiv. (2) of Subsec. (a)(2) 
to substitute the fiscal years ending in 1998 and 1999 for the fiscal years ending in 1996 and 1997, to increase the amount 
from $118,000 to $150,000, to set the limit of the annual interest accrual and to specify that the amount transferred be used 
for positions and responsibilities relating to Secs. 10a-22a to 10a-22k, inclusive, effective July 1, 1997; P.A. 99-192 
amended Subsec. (a)(2) to change the dates to the fiscal years ending June 30, 2000, and June 30, 2001, and to increase 
the amount from $150,000 to $170,000, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to add a 
provision that no additional school assessments shall be made if the resources of the protection account exceed $2,500,000, 
effective July 1, 2002; P.A. 06-150 amended Subsec. (a) to change internal section references.