Section 490-105-130 - Minimum requirements for student refunds (See RCW 28C.10.050 (1)(b).)(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 thispercentage of the tuitioncost: |
| 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 thispercentage of the tuitioncost: |
| 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.Wash. Admin. Code § 490-105-130
Amended by WSR 15-24-088, Filed 11/30/2015, effective 12/31/2015Statutory 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.