§ 5007. Tuition reimbursement account. 1. Except as otherwise provided\nin subdivision six of this section, the portion of the annual assessment\nof schools licensed pursuant to section five thousand one of this\narticle as prescribed in subdivision nine of such section and all fines,\npenalties and settlements received pursuant to this article shall be\ntransferred upon receipt into the tuition reimbursement account.\n 3. a. The commissioner shall develop a complaint form and provide such\nform to students. In order to claim a refund, a student shall apply to\nthe fund with a complaint form pursuant to the requirements of section\nfive thousand three of this article. Except as otherwise provided in\nthis article, the commissioner shall compute the refund, if any, using\nthe refund formula established by subdivision three of section five\nthousand two of this article.\n b. Claimants who had been enrolled in schools which have not closed or\nceased operation shall be required to show in a manner determined by the\ncommissioner that:\n (1) the student is eligible for a refund;\n (2) the student has made a request to the school for a refund; and\n (3) the school has failed to make the refund within the time period\nrequired by this article.\n c. The commissioner shall act on each refund request within thirty\nbusiness days of such request.\n 4. Students may be eligible for refunds under this section as follows:\n a. A student who is offered a teachout plan for the curriculum in\nwhich the student was enrolled at the time the school closed or ceased\noperation, which has been approved by the department, may elect to\ncontinue instruction pursuant to the teachout plan or may decline to\ncontinue instruction and may instead apply for a full refund under this\nsection. The option to apply for a refund shall extend to the end of the\nfirst week of instruction at the teachout school.\n b. A student who was enrolled in a school which has not closed or\nceased operation is entitled to a refund computed in accordance with the\nrefund policy established by subdivision three of section five thousand\ntwo of this article.\n c. A student who was enrolled in a school at the time the school\ncloses or ceases operation is entitled to a refund of the full amount of\nprepaid tuition. In addition, commencing September first, nineteen\nhundred ninety-three, a student who drops out of a school, where such\nschool closes within thirty days of the student's termination and prior\nto completion of such student's program as specified in the enrollment\nagreement, shall be entitled to a full refund of all tuition, fees and\nbook charges paid for by or on behalf of the student in cash or in\nloans, excluding funding provided by any government agencies.\n d. A student who was enrolled in a school which has not closed or\nceased operation, and who has dropped out, is entitled to a full refund\nof all tuition, fees and other required costs paid by the student if the\nstudent has submitted a complaint form to the commissioner and the\ncommissioner has determined that a violation of this article has\noccurred which warrants a refund. The commissioner shall promulgate\nregulations identifying those violations that warrant a refund.\n e. Commencing September first, nineteen hundred ninety-three, a\nstudent who drops out of a school, which subsequently closes, and who is\nowed a refund for the failure of such school to follow the provisions\nenumerated in subdivision three of section five thousand two of this\narticle shall be eligible for a refund from the tuition reimbursement\nfund according to the provisions of subdivision three of section five\nthousand two of this article.\n f. Commencing September first, nineteen hundred ninety-three, any\nstudent enrolled in a school based upon an ability to benefit\nexamination shall be eligible for a full refund, regardless of whether\nthe student is currently enrolled, graduated or dropped out, if the\nscho
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