Texas Administrative Code
Title 19 - EDUCATION
Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 7 - DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS
Subchapter A - GENERAL PROVISIONS
Section 7.16 - Financial Protections for Student Tuition and Fees
Universal Citation: 19 TX Admin Code ยง 7.16
Current through Reg. 49, No. 38; September 20, 2024
The Board is required to ensure Certificate of Authorization and Certificate of Authority institutions maintain reserves, lines of credit, or surety instruments sufficient to allow the institution or person to fulfill its educational obligations of the current term to its enrolled students if the institution or person violates any minimum standard which results in loss of prepaid tuition or fees, or is unable to continue to provide instruction to its enrolled students.
(1) Sufficient Financial Resources Documentation.
(A) Sufficient financial
resources may be demonstrated by proof of an adequate reserve, line of credit,
or surety instrument. A surety instrument includes but is not limited to, a
surety bond, an assignment of a savings or escrow account, certificate of
deposit, irrevocable letter of credit, or a properly executed participation
contract with a private association, partnership, corporation, or other entity
whose membership is comprised of postsecondary institutions.
(B) The documented reserves, lines of credit,
or surety instruments must be:
(i) In a form
and amount acceptable to the Board;
(ii) In an amount equal to or greater than
the cost of providing a refund, including administrative costs associated with
processing claims, for the maximum unearned tuition and fees of the institution
for a period or term during the applicable academic year for which programs of
instruction are offered, including, but not limited to, on a semester, quarter,
monthly, or class basis; except that the period or term of greatest duration
and expense shall be utilized for this computation where an institution's year
consists of one or more such periods or terms. Unearned tuition and fees are
tuition or fees billed to a student for the current term. No tuition or fee
billed for the current term may be considered earned by the institution until
the current term has been completed and students have received grades for
courses taken during the term;
(iii) Conditioned to provide indemnification
to any student or enrollee of the school or his/her parent or guardian
determined by the Board to have suffered loss of unearned tuition or any fees
as a result of violation of any minimum standard or as a result of the
institution ceasing operation, provide evidence satisfactory to the Board of
its financial ability to provide such indemnification, and list the amount of
surety liability the guaranteeing entity will assume; and
(iv) Held in Travis County, Texas, and
conditioned to allow only the Board to withdraw funds for the benefit of
persons identified in clause (iii) of this subparagraph.
(C) The institution shall include a letter
signed by an authorized representative of the institution showing in detail the
calculations made pursuant to this section and explaining the method used for
computing the amount of the reserves, lines of credit or surety
instrument.
(D) Falsifying surety
calculation or surety instrument will be reported to the Attorney General per
§
7.5(m)
of this title (relating to Degree Granting Colleges and Universities Other Than
Texas Public Institutions).
(2) Tuition and Fee Recovery.
(A) A Qualifying Event, when used in this
subchapter, shall mean an event in which a student or enrollee of the school or
his/her parent or guardian is determined by the Board to have suffered loss of
tuition or any fees as a result of violation of any minimum standard or as a
result of the institution or location ceasing operation.
(B) The Board may withdraw the total amount
of reserves, lines of credit, or surety instrument designated for tuition and
fee recovery at the time the Board deems the institution or person has violated
any minimum standard which results in loss of prepaid tuition or fees, or upon
notice that an institution is unable to continue to provide instruction to its
enrolled students.
(C) A student,
enrollee, parent or guardian is required to apply for an unearned tuition and
fee claim in order to be eligible for reimbursement.
(i) Board staff will make available an
application claim form. Claim forms must include original signatures to be
considered valid.
(ii) Board staff
will determine supporting documentation required for each claim and notify the
claimant. Supporting documentation may include an enrollment agreement,
transcript, report card, loan agreement, cancelled checks, or other
documentation which provides information on tuition and fee amounts paid during
the current term and the institution's failure to meet minimum standards or
continue operations.
(iii) Claims
must be initiated by the claimant with a completed application claim form
within 12 months of a Qualifying Event. The Board will publish the Qualifying
Event date which will begin the 12 months claim period.
(iv) Board staff will review all student
tuition and fee recovery claims within 30 days after the claim period ends.
Refunds will be made in a timely manner either upon determination all possible
valid claims have been filed before the end of the claim period or at the end
of the 12 months claim period.
(I) Payments
will be made based on verified tuition and fee amounts claimed.
(II) If the amount of institutional reserves,
lines of credit, or surety instrument able to be withdrawn by the Board at the
time of the Qualifying Event does not allow full payment of tuition and fees to
all claimants, Board staff will apportion refunds according to verified tuition
and fees claimed as a percentage of total amount claimed versus total amount
withdrawn.
(III) If the amount of
institutional reserves, lines of credit, or surety instrument withdrawn by the
Board at the time of the Qualifying Event is greater than the total claims made
during the 12 month claim period, the Coordinating Board reserves the right to
retain a portion of the excess funds in order to maintain any student academic
records deposited in the Coordinating Board's student academic record
repository as a result of the Qualifying Event. Any excess funds withdrawn but
not paid in claims or used for student academic record repository maintenance
will be returned to the institution, receiver, bankruptcy trustee, or other
entity holding institutional funds at the time funds may be returned.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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