San Diego Computer Training Schools

This is some of the legislation pertinent to California Vocational Schools, as provided by Cory O'Connor.

94867.  (a) (1) In addition to any other right of rescission, for programs in excess of 50 days, the student shall have the right to cancel an agreement for a program of instruction including any equipment, until midnight of the fifth business day after the day on which the student did any of the following:

   (A) Attended the first class of the program of instruction that is the subject of the agreement or received the first lesson in a home study or correspondence course.

   (B) Received a copy of the notice of cancellation as provided in Section 94868.

   (C) Received a copy of the agreement and the disclosures as required by subdivision (a) of Section 94859, whichever is later.

   (2) For programs of 50 or fewer days, the student shall have the right to cancel the agreement until midnight of the date that is one business day for every 10 days of scheduled program length, rounded up for any fractional increments thereof.

   If the first lesson in a home-study or correspondence course is sent to the student by mail, the institution shall send it by first-class mail, postage prepaid, documented by a certificate of mailing, and the student shall have a right to cancel until midnight of the eighth business day after the first lesson was mailed.

   (b) Cancellation shall occur when the student gives written notice of cancellation to the institution at the address specified in the agreement.

   (c) The written notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.

   (d) The written notice of cancellation need not take a particular form and, however expressed, is effective if it indicates the student'

s desire not to be bound by the agreement.

   (e) Except as provided in subdivision (f), if the student cancels the agreement, the student shall have no liability, and the institution shall refund any consideration paid by the student within 10 days after the institution receives notice of the cancellation.

   (f) If the institution gave the student any equipment, the student shall return the equipment within 10 days following the date of the Notice of Cancellation.  If the student fails to return the equipment within this 10 day-period, the institution may retain that portion of the consideration paid by the student equal to the documented cost to the institution of the equipment and shall refund the portion of the consideration exceeding the documented cost to the institution of the equipment within 10 days after the period within which the student is required to return the equipment.  The student may retain the equipment without further obligation to pay for it.

   (g) For the purpose of determining the time within which a student may cancel that student's agreement for a course, as described in Sections 94866, 94867, and 94868, "business day" means the following:

 

   (1) Except as provided in paragraph (2), a day on which that student is scheduled to attend a class session.

   (2) For home-study or correspondence courses, any calendar day except Saturday, Sunday, or any holiday enumerated in Section 6700 of the Government Code.

 

 

94868.  The institution shall provide the student with two cancellation forms at the first class attended by the student or with the first lesson in a home study course submitted by the student.

The form shall be completed in duplicate, captioned "Notice of Cancellation," and shall contain the following statement:

 

 

                     "Notice of Cancellation

 

                                  ______________________________

                                            (Date)

                                  (Enter date of first class, date

                                  first lesson received, or date

                                  first lesson was mailed, whichever

                                  is applicable)

 

   "You may cancel this contract for school, without any penalty or obligation by the date stated below.

   "If you cancel, any payment you have made and any negotiable instrument signed by you shall be returned to you within 30 days following the school's receipt of your cancellation notice.

   "But, if the school gave you any equipment, you must return the equipment within 30 days of the date you signed a cancellation notice.  If you do not return the equipment within this 30-day period, the school may keep an amount out of what you paid that equals the cost of the equipment.  The total amount charged for each item of equipment shall be separately stated.  The amount charged for each item of equipment shall not exceed the equipment's fair market value.  The institution shall have the burden of proof to establish the equipment's fair market value.  The school is required to refund any amount over that as provided above, and you may keep the equipment.

   "To cancel the contract for school, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to:

 

 

       ___________________________, at

________________________________.

          (name of institution)              (address of institution)

 

 

 

         "NOT LATER THAN  ____________________________________

 

           (Enter midnight of the date that is the fifth

           business day following the day of the first class or

           the day the first lesson was received; or, if the program

           is fifty or fewer days, midnight of the date that is one

           business day for every 10 days of scheduled program

           length, rounded up for any fractional increment thereof;

           or, if the lesson was sent by mail, the eighth business

           day following the day of mailing, whichever is applicable)

 

 

 

   "I cancel the contract for school.

 

 

                          __________________________________

                                        (Date)

                          __________________________________

                                  (Student's signature)

 

   "REMEMBER, YOU MUST CANCEL IN WRITING.  You do not have the right to cancel by just telephoning the school or by not coming to class.

   "If you have any complaints, questions, or problems which you cannot work out with the school, write or call the Council for Private Postsecondary and Vocational Education:

 

 

______________________________________________________________________

_______

       (insert address and telephone number of the Council for

          Private Postsecondary and Vocational Education)"

 

 

 

94869.  (a) Each student of an institution has the right to withdraw from a program of instruction at any time.

   (b) If a student withdraws from a program of instruction after the period described in subdivision (a) of Section 94867, the institution shall remit a refund as provided in Section 94870 within 30 days following the student's withdrawal.

   (c) If any portion of the tuition was paid from the proceeds of a loan, the refund shall be sent to the lender or, if appropriate, to the state or federal agency that guaranteed or reinsured the loan.

Any amount of the refund in excess of the unpaid balance of the loan shall be first used to repay any student financial aid program from which the student received benefits, in proportion to the amount of the benefits received, and any remaining amount shall be paid to the student.

   (d) Within 10 days of the day on which the refund is made, the institution shall notify the student in writing of the date on which the refund was made, the amount of the refund, the method of calculating the refund, and the name and address of the entity to which the refund was sent.  The following statement shall be placed at the top of the notice in at least 10-point boldface type:  "This Notice is Important.  Keep It For Your Records."

   (e) Except for subdivision (a), this section shall not apply to a student if both of the following occur:

   (1) All of that student's tuition and fees are paid by a third-party organization, such as a Job Training Partnership Act agency, a Regional Occupational Program or Regional Occupational Center, a Private Industry Council, or a vocational rehabilitation program, if the student is not obligated to repay the third-party organization or does not lose time-limited educational benefits.

   (2) The third-party organization and the institution have a written agreement, entered into on or before the date the student enrolls, that no refund will be due to the student if the student withdraws prior to completion.

   The institution shall provide a copy of the written agreement to the bureau.  The institution shall disclose to any student whose refund rights are affected by this agreement, in all disclosures required to be given to the student by this chapter, that the student is not entitled to a refund.  It is the intent of the Legislature that this subdivision not apply to any student whose tuition and fees are paid with funds provided to the third-party organization for the student's benefit as part of any  program that provides funds for training welfare recipients or that is related to welfare reform.