40 Tex. Admin. Code § 807.342 - Tuition Trust Account

(a) In a year in which the Commission determines it is necessary to charge a fee under §132.2415(b) of the Act, each school shall make a payment to the tuition trust account at the time the school renewal fee is paid.
(b) The amount in the tuition trust account, as provided in the Act, is an accrued balance. The accrued balance is the cash balance of the tuition trust account less the sum of the accrued liabilities from unpaid student refunds and teach-out claims.
(c) Disbursements shall be made from the tuition trust account for student refunds and reimbursable teach-out expenses incurred during each 12-month period ending August 31, and shall be:
(1) made first for student refunds in accordance with §132.2415(d) of the Act and § 807.262 of this chapter;
(2) calculated after refunds or discharges from other funding sources have been determined;
(3) disbursed to other funding sources from any amount remaining under the limitation of §132.242(e) of the Act; and
(4) disbursed for reimbursable teach-out expenses based upon remaining funds in the account.
(d) Following the graduation or termination of the students from the teach-out school, the teach-out school shall determine actual expenses and submit a claim for reimbursement to the Commission on or before the date provided in the application packet. The teach-out school shall:
(1) not claim expenses for facilities, equipment, utilities, or other items which were owned, rented, used, or otherwise obligated by the school prior to the Commission's approval of the teach-out program, even though such items may be used for the teach-out program;
(2) be limited to expenses for tuition and fees that are non-recoverable from all financial resources, including grants and loans; and
(3) ensure that the sum of the tuition and fees paid to the student's account at the closed school and the teach-out school is the lesser amount the student would have been charged for the complete program at the closed school or the teach-out school.
(e) For schools in their first two years of operation that have not been required to furnish financial statements to comply with §807.35(b), the payment to the tuition trust account shall be calculated at the rate determined by the Commission using the projected gross amount of tuition and fees, as required in §807.33(c), to be charged by the school for the year in which the payment is collected. Once the school has submitted the actual amount of tuition and fees collected by the school in compliance with §807.35(b), the Commission shall reconcile the projected and actual amounts of tuition and fees collected. Upon reconciliation, the Commission shall determine if the school is entitled to a refund or must pay an additional amount to the tuition trust account.


40 Tex. Admin. Code § 807.342
The provisions of this §807.342 adopted to be effective August 28, 2006, 31 TexReg 6803; Amended by Texas Register, Volume 41, Number 46, November 11, 2016, TexReg 9026, eff. 11/14/2016

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