Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition.
Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition. Any
student enrolled in a private occupational school authorized in accordance with the
provisions of sections 10a-22a to 10a-22o, inclusive, who is unable to complete a course
or unit of instruction at such school because of the insolvency or cessation of operation
of the school and who has paid tuition for such course or unit of instruction, may make
application to the Commissioner of Higher Education for a refund of tuition from the
account established pursuant to section 10-22u to the extent that such account exists or
has reached the level necessary to pay outstanding approved claims, except that in the
case of correspondence and home study schools authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, only Connecticut residents enrolled in
such schools may be eligible for such refund. Upon such application, the commissioner
shall determine whether the applicant is unable to complete a course or unit of instruction
because of the insolvency or cessation of operation of the school to which tuition has been
paid. The commissioner may summon by subpoena any person, records or documents
pertinent to the making of a determination regarding insolvency or cessation of operation. For the purpose of making any tuition refund pursuant to this section, a school
shall be deemed to have ceased operation whenever it has failed to complete a course
or unit of instruction for which the student has paid a tuition fee and, as a result, the
school's authorization has been revoked pursuant to section 10a-22f. If the commissioner finds that the applicant is entitled to a refund of tuition because of the insolvency
or cessation of operation of the school, the commissioner shall determine the amount
of an appropriate refund which shall be equal to or a portion of the tuition paid for
the uncompleted course or unit of instruction. Thereafter the Commissioner of Higher
Education shall direct the State Treasurer to pay, per order of the Comptroller, the refund
to the applicant or persons, agencies or organizations indicated by the applicant who
have paid tuition on the student's behalf. If the student is a minor, payment shall be
made to the student's parent, parents or legal guardian. Each recipient of a tuition refund
made in accordance with the provisions of this section shall assign all rights to the state
of any action against the school or its owner or owners for tuition amounts reimbursed
pursuant to this section. Upon such assignment, the state may take appropriate action
against the school or its owner or owners in order to reimburse the student protection
account for any expenses or claims that are paid from the account and to reimburse the
state for the reasonable and necessary expenses in undertaking such action. Any student
who falsifies information on an application for tuition reimbursement shall lose his or
her right to any refund from the account.
(P.A. 77-440, S. 2; P.A. 78-158, S. 2, 4; P.A. 79-380, S. 14; P.A. 82-406, S. 1; P.A. 83-150, S. 2, 4; P.A. 93-294, S.
15, 17; P.A. 06-150, S. 18; P.A. 07-164, S. 1.)
History: P.A. 78-158 allowed refunds to extent fund "has reached the level necessary to pay outstanding approved
claims", made special reference to procedure when correspondence and home study schools are involved, deleted reference
to proportionate share of fund when money not sufficient to pay all claims in full, deleted provision for refund to be paid
other school at applicant's request and allowed payment to "persons, agencies or organizations ..." who have paid tuition
on the student's behalf or to parent(s) or guardian(s) if student is a minor; P.A. 79-380 replaced references to repealed Sec.
10-8 with references to Secs. 10-7a to 10-7l and substituted "authorized" for "licensed"; P.A. 82-406 granted board of
education subpoena power for purpose of making a determination regarding insolvency; P.A. 83-150 defined "ceased
operation" for purposes of making a tuition refund, authorized commissioner rather than state board to make refund
determinations, and made provision for assignment of rights to state in any action against school for tuition reimbursed;
P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department
of education to the department of higher education, effective July 1, 1993; Sec. 10-14j transferred to Sec. 10a-22v in 1995;
(Revisor's note: In 1997 references to "Student Protection Fund" and "fund" were replaced editorially by the Revisors
with references to "student protection account" and "account" to conform section with Sec. 10a-22u); P.A. 06-150 changed
internal section references; P.A. 07-164 added provision re student who falsifies information on application for tuition
reimbursement shall lose right to refund from student protection account.