Washington Administrative Code
Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation
Chapter 490-105 - Regulation of private vocational schools
Section 490-105-130 - Minimum requirements for student refunds (See RCW 28C.10.050 (1)(b).)
Universal Citation: WA Admin Code 490-105-130
Current through Register Vol. 24-18, September 15, 2024
(1) At a minimum, schools must use the following applicable refund and cancellation policies; however, the agency may approve refund policies whose terms are more favorable to students than the following established minimums.
(2) The official date of termination or withdrawal of a student shall be determined in the following manner:
(a) The date on which the school recorded the
student's last day of attendance;
(b) The date on which the student is
terminated for a violation of a published school policy which provides for
termination;
(c) No student shall
be continued on an inactive status in violation of school policy without
written consent of the student. Inactive students must be terminated within
thirty days of the next available start date and refunded appropriate prepaid
tuition and fees at that time.
(3) Refunds must be calculated using the official date of termination or withdrawal and the date designated on the current enrollment agreement executed with the student. Refunds must be paid within thirty calendar days of the student's official date of withdrawal or termination.
(4) Application/registration fees may be collected in advance of a student signing an enrollment agreement; however, all monies paid by the student shall be refunded if the student does not sign an enrollment agreement and does not commence participation in the program.
(5) For resident programs:
(a) The school must refund all money paid if
the applicant is not accepted. This includes instances where a starting class
is canceled by the school;
(b) The
school must refund all money paid if the applicant cancels within five business
days (excluding Sundays and holidays) after the day the contract is signed or
an initial payment is made, as long as the applicant has not begun training;
the applicant may request cancellation in any manner, in the event of a dispute
over timely notice. The burden of proof rests on the applicant;
(c) The school may retain an established
registration fee equal to ten percent of the total tuition cost, or one hundred
dollars, whichever is less, if the applicant cancels after the fifth business
day after signing the contract or making an initial payment. A "registration
fee" is any fee charged by a school to process student applications and
establish a student records system;
(d) If training is terminated after the
student enters classes, the school may retain the registration fee established
under (c) of this subsection, plus a percentage of the total tuition as
described in the following table:
| If the student completes this amount of training: | The school may keep this percentage of the tuition cost: |
| One week or up to 10%, whichever is less | 10% |
| More than one week or 10% whichever is less but less than 25% | 25% |
| 25% through 50% | 50% |
| More than 50% | 100% |
(6) For discontinued programs:
(a) If instruction in any program is
discontinued after training has begun or if the school moves from one location
to another, it must either:
(i) Provide
students pro rata refunds of all tuition and fees paid; or
(ii) Arrange for comparable training at
another public or private vocational school. Students must have the opportunity
to accept or reject comparable training in writing.
(b) If the school plans to discontinue a
program it must notify the agency and affected students in advance. The
notification must be in writing and must include at a minimum, the data
required under WAC 490-105-210(3);
(c) Students affected by a discontinuation
must request a refund within ninety days.
(7) For distance education programs:
(a) A student may request cancellation in any
manner and upon such request for cancellation being received and recorded by
the school demonstrating the last date of attendance and/or completion of a
lesson.
(b) The following is a
minimum refund policy for distance education courses without mandatory resident
training:
(i) An applicant may cancel up to
five business days after signing the enrollment agreement. In the event of a
dispute over timely notice, the burden to prove service rests on the
student.
(ii) If a student cancels
after the fifth calendar day (excluding Sundays and holidays) but before the
school receives the first completed lesson, the school may keep only a
registration fee of either fifty dollars or an amount equal to fifteen percent
of the tuition, but no greater than a registration fee of one hundred fifty
dollars.
(iii) After the school
receives the student's first completed lesson and until the student completes
half the total number of lessons in the program, the school is entitled to keep
the registration fee and a percentage of the total tuition as described in the
following table:
| If the student completes this percentage of lessons: | The school may keep this percentage of the tuition cost: |
| 0% through 10% | 10% |
| 11% through 25% | 25% |
| 26% through 50% | 50% |
| More than 50% | 100% |
(iv)
Calculate the amount of the course completed by dividing the number of lesson
assignments contained in the program by the number of completed lessons
received from the student.
(8) Combination distance education/resident training programs:
(a) The following is a
minimum refund policy for a distance education program that includes mandatory
resident training courses.
(i) Tuition for the
distance education and resident portions of the program must be stated
separately on the enrollment agreement. The total of the two is the price of
the program.
(ii) For settlement of
the distance education portion of the combination program, the provisions of
the table in subsection (2)(b)(iii) of this section apply.
(iii) For the resident portion of the
program, beginning with the first resident class session if the student
requests a cancellation, the provisions of the table in subsection (1)(d) of
this section apply.
(iv) Calculate
the amount of resident training completed by dividing the total number of
training days provided in the resident training program by the number of
instructional days the student attends resident training.
(b) A distance education student who cancels
after paying full tuition is entitled to receive all course materials,
including kits and equipment.
Statutory Authority: RCW 28.10.040 [28C.10.040]. 08-04-110, § 490-105-130, filed 2/6/08, effective 3/8/08. Statutory Authority: RCW 28C.10.040(2). 98-22-033, § 490-105-130, filed 10/29/98, effective 11/29/98.
Disclaimer: These regulations may not be the most recent version. Washington 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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