Washington Administrative Code › Title 490 - Workforce Training and Education Coordinating Board, Also Vocational Rehabilitation › Chapter 490-105 - Regulation of private vocational schools › Section 490-105-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
In addition to the definitions in chapter 28C.10 RCW, the
				following definitions also apply in interpreting the act and the rules and
				regulations:
"Accreditation" is a status granted to a school by one or more
				of the accrediting organizations recognized and approved by the U.S. Secretary
				of Education. Accreditation is voluntary and does not imply automatic transfer
				of credits from one institution to another.
"Admission requirements" means the specific minimum criteria a
				school must use when accepting a student into the school.
"Auxiliary location" means a physical location where training
				occurs that is located at a reasonable distance from the main school address,
				for off-campus activities as part of a program. See WAC 490-105-060.
"Distance education" means education provided by written
				correspondence or any electronic medium for a student, who is enrolled in a
				private vocational school in pursuit of an occupational objective, does not
				include education provided primarily at an approved physical site or training
				establishment.
"Externship/internship" means an educational course which is
				offered as part of an educational program that includes on-the-job
				training.
"Fees" except when used in the context of fees assessed by the
				agency, means a charge assessed to students which are intended to cover
				noninstructional expenses. All fees as defined herein must be itemized.
"Just cause" means a reasonable and lawful basis for an agency
				action, supported by substantial evidence. Just cause requires a consideration
				of the following factors, with no single factor being determinative:
(a) Whether the school's conduct violated the Private
				Vocational Schools Act (chapter 28C.10 RCW), agency regulations (chapter
				490-105 WAC), or other applicable legal requirements;
(b) Whether the school's conduct was consistent with its own
				policies, the terms of its catalogs or enrollment agreements, and other
				representations made by the school;
(c) Whether a violation was committed willfully, or with
				serious disregard for known risks;
(d) Whether the school has a history of substantiated
				violations;
(e) Whether the school's conduct was reasonable;
(f) Whether the school's conduct jeopardized the health,
				safety, or welfare of students or the public;
(g) Whether the school's conduct resulted in harm to persons or
				property;
(h) Whether there is an imminent risk of future harm to persons
				or property;
(i) Whether a complete investigation has been performed;
(j) Whether the agency's action is proportional to the school's
				conduct.
For the purpose of licensing, an "out-of-state" school is a
				school located outside of Washington that offers education solely outside of
				Washington or via distance education which solicits, recruits, and enrolls
				students in the state of Washington.
"Ownership" of a school means:
(a) In the case of a school owned by an individual, that
				individual sole proprietor;
(b) In the case of a school owned by a partnership, all full,
				silent, and limited partners having a ten percent or more ownership
				interest;
(c) In the case of a school owned by a corporation, the
				corporation, each corporate director, officer, and each shareholder owning
				shares of issued and outstanding stock aggregating at least ten percent of the
				total of the issued and outstanding shares;
"Physical presence" includes, but is not limited to,
				maintaining a mailing address within the state of Washington, the presence of a
				facility or equipment; the presence of electronic, paper, and other types of
				records; the presence of a speaking agent, manager, resident director, or
				similar administrator; the presence of direct advertising and marketing to
				Washington residents or field placements, including extern-ships, clinicals, or
				practica as part of an educational program and taking place within the state of
				Washington.
"Private vocational school" is further defined to include
				instruction at the postsecondary level that is intended for use by individuals
				who have either completed high school or beyond the age of compulsory school
				attendance. Instruction or training offered to prekindergarten, kindergarten,
				elementary, or secondary school students is not encompassed by the act.
"Provisional license" means a short-term license issued with
				contingencies. The agency may issue a provisional license for good cause
				including, but not limited to:
(a) Satisfying the conditions of a corrective action plan after
				an "at-risk" determination;
(b) Protecting the health, safety, and welfare of
				students;
(c) Remedying a hardship for the school or students. "Revoke"
				as used in RCW  28C.10.050(3) means an agency action that terminates a school's
				license. The agency's executive director or designee may revoke a school's
				license for just cause.
"Sponsored student" means a student whose tuition and fees are
				being paid, in whole or in part, by a sponsoring agency or business.
"Sponsoring agency" any federal, state, or local government
				agency is a sponsoring agency when it contracts with a private vocational
				school in order to enroll an individual student in an educational program. An
				agency is not a sponsoring agency when it enters into a written arrangement
				with a private vocational school solely to:
(a) Enroll a cohort of students; or
(b) provide funding as a single sum for an undesignated number
				of students, whose eligibility for financial awards is determined by the
				private vocational school.
"Suspend" as used in RCW  28C.10.050(3) means an action by which
				the agency interrupts the school's authority to make offers of training. The
				agency's executive director or designee may suspend a school's license for just
				cause. An order of suspension prohibits the school from beginning instruction
				of new students for a maximum of thirty days. The school may remain in
				operation to continue training students in regular attendance on the date the
				suspension takes effect.
"Tuition" means the amount of money charged by schools to an
				individual student or their sponsor for an educational program. Monies paid
				pursuant to a written contract, negotiated between business organizations, to
				provide instruction exclusively to a cohort of an organization are not
				considered tuition, provided that costs are not charged to individuals.
"Washington resident" means an individual who has resided in
				Washington state for at least thirty days as determined by a driver's license,
				identification card, utility bill, or other documentation acceptable to the
				agency.
Statutory Authority: RCW 28.10.040 [28C.10.040]. 08-04-110, §
										490-105-030, filed 2/6/08, effective 3/8/08. Statutory Authority: RCW  28C.10.040(2). 98-22-033, §
										490-105-030, filed 10/29/98, effective 11/29/98.