Current through Reg. 50, No. 187; September 24, 2024
Subsections (1)-(4) and subsection (6) of this rule shall
apply to all licensed nonpublic nondegree schools. Subsection (5) shall apply
to all licensed institutions.
(1)
Establishment of Fund. There is hereby established a fund to be known as the
Student Protection Fund, pursuant to Section
1005.37, F.S.
(2) Payment into the Student Protection Fund
shall be made by all licensed nonpublic nondegree schools.
(3) Assessment Paid by Licensed Nondegree
Schools. Each licensed school shall pay annually to the fund a specified amount
equal to .0005 of the annual tuition revenue generated in Florida.
(4) Computation and Payment of Assessment.
(a) The Commission shall require each school
to make a $500 payment to the Student Protection Fund before an initial
Provisional License is issued.
(b)
The counting period shall be the institution's fiscal year.
(c) For programs offered by correspondence or
distance education, only income from Florida students shall be counted for
purposes of computing the assessment. For purposes of this rule, a Florida
student is a student whose mailing address for purposes of receiving distance
education lessons and materials from the school is a Florida address.
(d) The full and timely payment of the
assessment is a condition of licensure. Failure to make such payment shall be
grounds for disciplinary action against the school, or for changing the status
of a school which is Licensed by Means of Accreditation to a Provisional
License, or for denial of an application for license renewal.
(e) Licensed nondegree institutions shall
report annual tuition revenue generated in Florida on CIE Form 604, entitled
Selected Financial Data as incorporated by reference in Rule
6E-2.004, F.A.C. CIE Form 604
may be obtained without cost from the Commission's website at
www.fldoe.org/cie or by writing to the
Commission for Independent Education, 325 West Gaines Street, Suite 1414,
Tallahassee, Florida 32399-0400.
(5) Application for and Granting of Train-out
Awards.
(a) Any institution that enrolls a
student who was enrolled in a licensed school but who was unable to complete a
program at such school because the school ceased operations or terminated the
program in which the student was enrolled may qualify for payments from the
Student Protection Fund for training out the student in the program in which
the student was previously enrolled.
(b) A licensed institution offering to train
out an affected student(s) may apply for an award by letter to the Commission
requesting a train-out award and identifying the school which ceased
operations; the last known date that the school was open, or the closing date,
if known; the program in which the student was enrolled; the date that the
student's program was terminated; the student's identification number; and the
approximate date on which the student began the program. Train-out institutions
must provide to the Commission an accurate itemization of actual costs incurred
during the training. The institution must also provide to the Commission an
accounting of other funds that will be provided for the student. These funds
will be considered when the Commission determines the amount of an award. The
Commission will base awards on the availability of funds, the actual costs
incurred, and the amount of other funds received. The train-out award and the
cost of completing the program shall not exceed the actual cost of training out
the student, minus other payments made by or on behalf of a student, minus the
amount of any remaining accounts receivable. The Commission shall pay the award
to the train-out institution within 45 days of the date of approval by the
Commission.
(6)
Additional Provisions.
(a) Direct expenses for
the administration of the fund shall be charged to the fund.
(b) Pursuant to Section
1005.37(3),
F.S., the owners of a school that terminates a program before all students have
completed it shall be assessed a fee by the Commission in an amount not to
exceed the cost to the Student Protection Fund of implementing the trainout.
Failure to pay the fee to the Commission shall be grounds for disciplinary or
civil action against the school and its owners. Improper closing of a school
without meeting the obligations required by Chapter 1005, F.S., and these
rules, shall result in actions as provided in Sections
1005.36 and
1005.38,
F.S.
Rulemaking Authority
1005.37 FS. Law Implemented
1005.35(4)(g),
1005.36(3),
1005.37
FS.
New 4-2-03, Amended 1-11-12,
5-5-20.