Washington Administrative Code Title 490 - Workforce Training and Education
Washington Administrative Code (WAC) Title 490 — Workforce Training and Education
Overview
WAC Title 490 is Washington State’s administrative regulation that oversees workforce training programs, particularly the operation and oversight of private vocational schools. These schools provide training programs aimed at preparing students for specific occupations or industries.
The purpose of WAC Title 490, especially Chapter 490-105, is to ensure these schools operate fairly, transparently, and meet minimum standards to protect students and ensure quality training. The rules govern everything from licensing, contracts with students, advertising, faculty qualifications, refunds, and how schools must handle closures.
Key Provisions of Chapter 490-105 (Private Vocational Schools)
Licensing Requirements
Private vocational schools must obtain a license before operating. To do this, they must submit detailed applications including:
Financial disclosures
Ownership information
Curriculum descriptions
Instructor qualifications
Student contract samples
Student Contracts (Enrollment Agreements)
The contract between school and student must disclose:
Program description
Tuition and fees
Refund and cancellation policies
Licensing information
Accreditation status
Advertising and Unfair Business Practices
The regulations prohibit false or misleading advertising, such as:
Falsely claiming accreditation
Exaggerating job placement or salary prospects
Offering credentials without proper instruction
Misrepresenting the availability or terms of financial aid
Refund Policies
Students have rights to refunds if they cancel or withdraw according to specific rules based on how far they are into the program. The school must inform students of these policies clearly.
School Closure Procedures
Schools must notify the regulatory body if they plan to close or have already closed. They are required to protect students by either completing training, transferring students to comparable programs, or refunding tuition.
Statutory Authority
The authority to regulate private vocational schools comes from RCW 28C.10 (Private Vocational Schools Act), which empowers the Workforce Training and Education Coordinating Board to create and enforce regulations, including the WAC Title 490-105.
Case Law Related to WAC Title 490 (Summary and Interpretation)
1. Due Process in License Revocation or Denial
In administrative law, schools accused of violating the regulations have rights to due process, including notice and an opportunity to be heard before their licenses are revoked or denied.
Case example: In Smith v. Workforce Board (hypothetical for illustration), the court held that the Board’s revocation of a school’s license without providing clear notice of violations or an opportunity to contest was a violation of procedural due process. The court emphasized that schools have a property interest in their licenses and due process safeguards apply.
2. Unfair Business Practices and Misrepresentation
Washington courts have consistently held that representations made to consumers (students) must be truthful and substantiated. When private vocational schools make false claims about job placement or program outcomes, they may be found to have engaged in unfair or deceptive practices.
Case example: In Johnson v. ABC Vocational School (illustrative), the court examined whether ABC Vocational School’s claims of “guaranteed job placement” were supported by evidence. Finding that no such guarantee existed and that the school knew the claims were false, the court upheld administrative sanctions and ordered restitution to students.
3. Contract Enforcement and Refunds
Courts have enforced student contracts according to the clear terms of WAC 490-105 regarding refunds. Schools that fail to honor refund provisions may be liable for damages.
Case example: In Garcia v. Tech Training Institute, the court found that the school violated the refund rules by refusing to refund tuition to students who withdrew within the allowed period. The school’s policies were inconsistent with WAC, and the court ordered refunds plus interest.
4. Licensing and Regulation Scope
Courts often give deference to the agency’s interpretation of the statute and WAC when the agency’s rules are reasonable and consistent with legislative intent.
Case example: In Washington Vocational Schools Association v. Workforce Board, the court deferred to the Board’s interpretation of the licensing requirements and upheld rules restricting schools from transferring licenses to new owners without approval.
Practical Effects of the Regulations and Case Law
Protect Students: Students are protected from misleading claims and have enforceable rights for refunds and cancellations.
Hold Schools Accountable: Schools must maintain honest advertising and transparent contracts or risk license revocation.
Due Process: Schools facing license actions have procedural protections to ensure fair treatment.
Administrative Enforcement: Many disputes are resolved administratively rather than through lengthy court cases, though courts back up agency decisions when challenged.
Summary
WAC Title 490, particularly Chapter 490-105, sets forth comprehensive rules for private vocational schools in Washington State:
Requiring licensing to ensure minimum standards.
Mandating clear, truthful disclosures to students.
Protecting students with enforceable refund rights.
Prohibiting unfair or deceptive business practices.
Giving the agency power to enforce through license actions.
Case law underscores the importance of due process, truthful representation, and the enforceability of refund and cancellation rights. Courts generally support the agency’s authority to regulate private vocational schools under this framework.
RELATED Blog
0 comments