I applied for vocational training at The International Academy of Hair Design & Aesthetics for their aesthetics and laser technician program. The day the program started, the class was informed that the original teacher who taught the aesthetics portion was no longer with the school and we were then being taught by a student teacher (practicing for her aesthetics teaching certification), and a licensed cosmetologist. I did not feel as if I was going to receive an adequate education; however, when bringing my concern to the student adviser, I was asked to "stick it out" a few more days and see how the two teachers progressed. I was incredibly unsatisfied, so I chose to resign from the program. Prior to starting the program, I signed an enrollment agreement which stated that IF I started .01-4.9%% of the course, I would owe 20% of the tuition ($2460 + the days I stayed, which was 3). The enrollment agreement also states that if the student cancels the enrollment 3 days after the agreement was signed, but prior to starting classes, all monies paid minus enrollment ($25) will be refunded. Now, I have witnesses through all of this-- myself and other students were told by the head of admissions and the school director that the teacher up and left the school the weekend before class started, they were scrambling to find coverage, and was considering giving us, the students, a call to give us an option on whether to start the program that week or not. The phone call never happened, I started school under unsatisfactory training, and here I am with this school coming after me for money. Is there a breech of contract on their part, is there anything I can do to not be held responsible for this money? I have witnesses, and others who dropped the program and are in the same position as well. An aesthetician is nothing like a cosmetologist who does hair and makeup, as a primary care doctor is not a heart surgeon-- they're both doctors, but completely different fields.
Hardly. I held on to the hope that the school, under all circumstances involved, would decide not to pursue the money as the head of admissions stated would be a possibility.
Hello and welcome,Was it represented to you that a cosmetologist would be teaching the class, either verbally or in the school's brochures, advertisements, or other writings?Do you know whether they are accredited and if they are, by what agency?In which state is the school located?
Absolutely not! I went on a tour of the school and actually met the teacher who taught the program-- felt comfortable, and obviously under the impression she would the one teaching me. I understand teachers may come and go, but when signing up for the program, I was told "she" is who I'd receive my education from and she'd been teaching for years. The only accreditation I could find is their recognition by N.A.C.C.A.S, the National Accrediting Commssion of Cosmetology Arts and Sciences. The school has been teaching cosmetology from the get-go, and the aesthetics portion is a newer program, which again, they are completely separated from one another in the professional sense, and I was planning to get my laser certification there so I could work in a doctor's office-- I would not feel comfortable with a lack of education, bringing my certification into the health field.Myself and the school are in Arizona.
I see.This does appear to be a case of breach of contract if not fraudulent inducement if the school knew that the teacher would not be teaching for them since they clearly implied that she would be teaching the course and was obviously interested in motivating you to sign up with them by introducing you to her.I would retain a local contracts or consumer protection attorney if they are not willing to settle this matter reasonably. A complaint could also be filed with the BBB and state consumer protection agency, as well as the accreditation agency in an attempt to resolve the matter and put pressure on them to resolve it in your favor.
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Thank you and all the best to you,
Do you have any knowledge of, or know how I can find information on education laws, and who is able to teach programs..? What I mean is, when I expressed my concerns and likelihood to withdraw from the program because I was being taught by a student teacher in the field (rather than licensed professional), the reply from the admissions counselor was "as long as we have a licensed teacher (the cosmetologist) in the room, the student teacher can teach you..." How is that legal, in any state, in any field of practice and education? In my situation, when I asked the head of admissions how could the school come after me for the 20%, when I was not receiving proper training, that was her answer-- a student teacher can practice under a certified teacher... if they are in separate fields is that legal? The school gave me no other options and are in the process of forwarding my information to a collections agency and I'd hate for that to happen.
Hello again,QUESTION: What I mean is, when I expressed my concerns and likelihood to withdraw from the program because I was being taught by a student teacher in the field (rather than licensed professional), the reply from the admissions counselor was "as long as we have a licensed teacher (the cosmetologist) in the room, the student teacher can teach you..." How is that legal, in any state, in any field of practice and education? In my situation, when I asked the head of admissions how could the school come after me for the 20%, when I was not receiving proper training, that was her answer-- a student teacher can practice under a certified teacher... if they are in separate fields is that legal?ANSWER: If the cosmetologist is in the room, then the accrediting agency would typically find this reasonable. Just as a physician's assistant can legally work under a physician, as long as the physician is on the premises, it would be reasonable that if the cosmotologist is in the room and directing the instruction, that would be enough to satisfy the accrediting agency.However, it could still involve fraud if they induced you to enroll by misrepresenting the facts to you. Here is a link that sets out the elements of fraud:http://scammedinarizona.com/index_files/Page723.htm
Legally, as you used as a comparison, a physician's assistant is able to pratice under the physician; but if the expertise is in a different field of study, is that allowed?
My point is that having the cosmetologist in the room, such that instruction was at their direction would likely defeat a breach of contract claim from being successful and satisfy the accreditation requirements.A fraud claim may still be viable, but it does not appear a breach of contract claim would be successful.
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