8VAC40-31-310. Student Tuition Guaranty Fund.
A. The executive director shall appoint in writing a Manager of the Student Tuition Guaranty Fund.
B. The purpose of the fund is to reimburse tuition due to students at schools certified to operate when the school ceases to operate.
C. A claim shall be made against the fund only if the claim arises out of the cessation of operation by a school at which the student was enrolled or on an approved leave of absence at the time of the closure and the student did not complete the program of study. Claims shall be filed with the manager of the fund within three years after cessation of operation by the school. No claim filed after that period shall be considered. Claims shall be limited to the unearned tuition paid to the closing institution for which the student received no educational instruction.
D. If a teach-out agreement as outlined in 8VAC40-31-280 C 4 has been arranged for the student, the student is not entitled to a refund of unearned tuition. If a teach-out agreement was not secured, the manager shall proceed with a claim against the closed school's surety instrument, if one exists, or the balance remaining in the Student Tuition Guaranty Fund.
E. The fund shall be administered as follows:
1. The assets of the fund may not be expended for any purpose other than to pay bona fide claims made against the fund;
2. All payments into the fund shall be maintained by the state comptroller who shall deposit and invest the assets of the fund in any savings accounts or funds that are federally or state insured, and all interests or other return on the fund shall be credited to the fund; and
3. Payment into the fund shall be made in the form of a company or cashier's check or money order made payable to the "Student Tuition Guaranty Fund."
F. When a claim is allowed by the manager, the executive director shall approve the claim before payment. Refunds will be made first to the lender issuing student financial aid or the guarantor of the loan and second to the student. In the event no financial aid was involved, then refunds will be made to the student.
Statutory Authority
§ 23.1-215 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.