§ 10a-34e — Review, inspection or investigation of applications for authorization or violations. Teach-outs. Closure plans.

Connecticut § 10a-34e

• Jurisdiction: Connecticut
• Title 10a: State System of Higher Education
• Ch. 185: Administration of State System

Text

(a) The Office of Higher Education may conduct any necessary review, inspection or investigation regarding applications for authorization or possible violations of this section, sections 10a-34 to 10a-34d, inclusive, section 10a-34g or any applicable regulations of Connecticut state agencies. In connection with any investigation, the Commissioner of Higher Education or the commissioner's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the commissioner may seek relief pursuant to section 10a-34d. (b) If the Commissioner of Higher Education determines that an institution of higher education that is not regionally accredited is exhibiting financial and administrative indicators that such institution is in danger of closing, the commissioner may require such institution to facilitate a teach-out, as defined in section 10a-22m , provided the commissioner and such institution previously discussed a teach-out that ensures that current students of such institution are able to complete their programs without significant impact. (c) (1) Not later than January 1, 2022, each independent institution of higher education shall submit to the Office of Higher Education a closure plan, which shall include, but need not be limited to, (A) how such institution will respond to a natural disaster, pandemic, data security threat or other catastrophic event that impacts the operations of such institution, and (B) how such institution will manage student records, provide a continuity of education for enrolled students and administer student financial aid and refunds. An independent institution of higher education that is regionally accredited may comply with the requirements of this subsection by submitting to said office the same closure plan that the institution submitted to the regional accreditation agency. If an independent institution of higher education updates its closure plan, then such institution shall submit such updated closure plan not later than thirty days after the governing board of such institution approves such updated closure plan. (2) On an after July 1, 2023, upon receiving a summary from the Office of Higher Education that an independent institution of higher education has been determined to be at risk of imminent closure as a result of a financial screening conducted pursuant to the provisions of section 10a-34h , the governing board of such institution shall update its closure plan to include plans for the following: (A) Providing notice of impending closure to relevant stakeholders of the institution, including, but not limited to, enrolled students, applicants for admission, recent graduates, faculty, staff and surrounding communities, (B) disseminating information regarding the rights and responsibilities of student borrowers, (C) managing the institution's finances, accreditation status and any compliance issues with federal or state financial aid programs, and (D) refunding student deposits and paying the cost of student record maintenance through means such as the provision of a bond with surety or a letter of credit in an amount sufficient to meet the costs of such refunds and costs. (d) Any independent institution of higher education that plans to close permanently shall submit a written notice to the Office of Higher Education not later than thirty days after the governing board of such institution authorizes such closure. Such written notice shall include, but need not be limited to, (1) the planned date of termination of operations; (2) the planned date and location for the transfer of student records; (3) the name and address of the organization that will receive and maintain student records; (4) the name and contact information of the designated office or official who will manage transcript requests; (5) the arrangement for the continued education of enrolled students through the facilitation of a teach-out, as defined in section 10a-22m , or other means; (6) evidence of communication with the United States Department of Education regarding the management of student refunds, state or federal grants and scholarships and state loans; and (7) if such institution is regionally accredited, evidence of communication with the regional accreditation agency regarding such closure.

Legislative History

(P.A. 07-90, S. 6; P.A. 11-48, S. 250; P.A. 12-156, S. 56; P.A. 17-191, S. 1; P.A. 19-87, S. 5; P.A. 21-45, S. 8; P.A. 22-123, S. 6; P.A. 24-81, S. 160.) History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education, or the commissioner's designee,” with “Office of Financial and Academic Affairs for Higher Education” and replaced “commissioner” with “executive director”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 17-191 designated existing provisions re conducting review, inspection or investigation as Subsec. (a) and added Subsec. (b) re teach-out requirement, effective July 1, 2017; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-34g, effective July 1, 2019; P.A. 21-45 added Subsecs. (c) and (d) re filing of closure plans and written notice of plans to close permanently, effective July 1, 2021; P.A. 22-123 amended Subsec. (a) by changing “licensure or accreditation” to “authorization” and amended Subsec. (c) by designating existing provisions as new Subdiv. (1), redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B) and adding new Subdiv. (2) re risk of imminent closure as a result of financial screening, effective July 1, 2022; P.A. 24-81 replaced references to executive director of the Office of Higher Education with Commissioner of Higher Education, effective May 30, 2024.