(1) "Ceases to provide educational services" means that a stoppage of training has occurred because:
(a) Facilities are rendered continuously unusable for a period of thirty calendar days or more; or
(b) Faculty or qualified substitutes assigned to a specific class are not available or otherwise fail to perform instructional duties for five or more successive days of scheduled instruction; or
(c) Bankruptcy proceedings or other financial conditions exist that result in the school interrupting scheduled instruction for five or more successive days; or
(d) Adverse action has been taken by a federal, state, or local jurisdiction which result in the school interrupting scheduled instruction for five or more successive days.
(2) The school must take measures to protect the contractual rights of present and former students if it ceases to provide educational services. The school must return its license certificate to the agency within ten calendar days of ceasing to provide educational services or expiration of the school's license, whichever occurs first.
(3) If the school ceases to provide educational services, either voluntarily or involuntarily, it must:
(a) Inform the agency promptly by the most expeditious means available and send confirmation by certified mail within three business days;
(b) Provide the name, address, and telephone number of the person(s) designated to be responsible for fulfilling the requirements of this section;
(c) Provide the agency with the following information for each student who has not completed a course or program:
(i) Name;
(ii) Social Security number;
(iii) Address and telephone number of record;
(iv) Program name and amount of tuition and fees charged;
(v) Amount of tuition and fees paid to date;
(vi) Amount of class time left to complete the course or program; and
(vii) If the tuition and fees were paid through federal student aid, the amount and type of aid.
(d) A written notice must be distributed to all enrolled students at least three business days prior to a planned cessation. The notice must explain the procedures students are to follow to secure refunds or continue their education. A copy of the notice must also be submitted to the agency within three business days;
(e) File with the agency procedures for disbursement of refunds to students and set a date no longer than thirty calendar days from the last day of instruction to issue refund checks in the full amount for which students are entitled.
(4) File with the agency its plans if any, for teach-out; ensuring that all affected students will continue to receive training at another institution of the same quality and content as that for which they contracted:
(a) Arrangements for teaching out students must be filed with the agency;
(b) The agency will verify that students will receive the same kind of program and instructional services as those for which they contracted.
(5) Make pro rata refunds to any student who does not agree, in writing, to comparable training. Refunds must be paid to either the student or his/her parent, guardian or sponsor based on a day-by-day proportion of the services provided compared to the total length of the program.
(6) Make specific arrangements to transfer transcripts and other student records described under WAC 490-105-210 to the agency's custody.
(7) Remove or shutdown the school's website and cease advertising.
(8) File with the agency any information needed to complete the student data report.
