Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-01-146.

     Title of Rule: Tuition charges for certain ungraded courses.

     Purpose: Chapter 28B.50 RCW provides that the State Board for Community and Technical Colleges is responsible for establishing the fees charged for certain ungraded courses. The proposed changes clarify the definition of ungraded courses, modify the fee waiver and provide for college flexibility within certain parameters related to apprentice programs, and provide for the state board to set annually the fee to be charged for certain basic skills enrollments.

     Statutory Authority for Adoption: Chapter 28B.50 RCW.

     Statute Being Implemented: Section 603, chapter 371, Laws of 2002.

     Summary: See Purpose above.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Alice Grobins, 319 S.E. 7th Avenue, Olympia, WA 98504-2495, (360) 704-4381.

     Name of Proponent: State Board for Community and Technical Colleges, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule describes the ungraded classification of courses and sets the fees associated with these courses.

     Proposal Changes the Following Existing Rules: This rule change: (1) Provides for a reduced waiver of fees and provides colleges more flexibility in establishing tuition waiver levels for apprentice programs and (2) provides for the annual setting of fees for basic skills programs including adult basic education, English as a second language and GED preparation. The proposed changes are intended to reduce the total tuition waived for ungraded courses and to establish a minimum fee for those enrolling in basic skills programs. Clarifies the definition of ungraded courses.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business economic impact.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Yakima Valley Community College, P.O. Box 22520, 16th Avenue and Nob Hill Boulevard, Yakima, WA 98907, on May 6, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact DelRae Oderman by April 30, 2004, fax (360) 586-6440.

     Submit Written Comments to: Mary Alice Grobins, P.O. Box 42495, Olympia, WA 98504-2495, fax (360) 586-4610, by April 30, 2004.

     Date of Intended Adoption: May 6, 2004.

March 16, 2004

DelRae Oderman

Executive Assistant

Agency Rules Coordinator

OTS-7039.1

AMENDATORY SECTION(Amending WSR 03-19-050, filed 9/10/03, effective 10/11/03)

WAC 131-28-026   Tuition charges for certain ungraded courses.   (1) The state board shall designate ungraded courses. These courses may be offered at tuition rates that differ from the standard rates set by WAC 131-28-025. Ungraded shall mean courses not categorized by level of instruction and may be assigned degree credit or letter grades.

     (2) Ungraded courses shall meet the following qualifications:

     (a) ((The primary intent of offering the course is other than providing academic credit applicable to an associate or higher degree.

     (b))) The course has a specialized purpose in that it is intended to meet the unique educational needs of a specific category or group of students.

     (((c))) (b) The course is offered for the purpose of providing the individual student with a discrete skill or basic body of knowledge ((other than)) that is intended to ((lead to initial employment)) enhance potential for initial or continued employment, parenting skills or retirement.

     (((d))) (c) The course cannot be administered as a contract course pursuant to WAC 131-28-027, 131-32-010, or 131-32-020.

     (((e) The course is not offered primarily as an integral part of any lower-division curriculum or program.

     (f))) (d) The course is not one specifically or primarily intended to satisfy requirements for receiving a high school diploma.

     (3) Colleges may establish the amount of waiver for the following ungraded courses:

     (a) Farm management and small business management;

     (b) Emergency medical technician and paramedic continuing education;

     (c) Retirement;

     (d) Industrial first aid offered to satisfy WISHA and approved by the department of labor and industries;

     (e) Journeyperson training in cooperation with joint apprenticeship and training committees.

     (4) The waiver amounts for the following ungraded courses shall conform with the following schedule:

     (a) Adult basic education, English as a second language, GED preparation: ((No charge.)) An amount to be established by the state board.

     (b) Parent education involving a cooperative preschool program: Eighty-five percent reduction from the standard per credit tuition and services activities fee charge.

     (c) Courses offered for the purpose of satisfying related or supplemental educational requirements for apprentices ((indentured)) registered with the Washington state apprenticeship council or federal Bureau of Apprenticeship and Training: ((Two-thirds reduction from the standard per credit tuition and services and activities fee charge.)) A college may waive up to one-half of the standard per credit tuition and services and activities fee. The college may convert the credit hour charge to a rounded amount per clock hour. Colleges may not deduct the tuition owed from training contract with apprentice organizations.

     (5) Students taking both regular and ungraded courses will be charged separately for the courses.

     (6) Application of this section shall be subject to administrative procedures established by the state director with respect to maximum credit values of such ungraded courses, curriculum, or any unique circumstances related to enrollment in such courses.

     (7) Ungraded course fees received pursuant to this section shall be accounted for and deposited in local community college operating fee accounts established in RCW 28B.15.031.

     (8) Ungraded course fees may be paid by the sponsoring entity rather than an individual student.

[Statutory Authority: Chapter 28B.50 RCW. 03-19-050, § 131-28-026, filed 9/10/03, effective 10/11/03; 98-22-062, § 131-28-026, filed 11/2/98, effective 12/3/98. Statutory Authority: Chapters 28B.15 and 28B.50 RCW. 96-03-049, § 131-28-026, filed 1/12/96, effective 1/12/96; 95-13-070, § 131-28-026, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 28B.15.502 and 1992 c 231, 232 and 238. 92-14-033 (Order 139, Resolution No. 92-06-39), § 131-28-026, filed 6/23/92, effective 7/24/92. Statutory Authority: RCW 28B.15.502. 91-21-011 (Order 133, Resolution No. 91-49), § 131-28-026, filed 10/4/91, effective 11/4/91. Statutory Authority: RCW 28B.50.090 (7)(d) and (10), 28B.50.851, 28B.15.502(4), 28B.15.522, 28B.50.140(3) and 1990 c 29. 90-20-009 (Order 122, Resolution Nos. 90-42 and 90-43), § 131-28-026, filed 9/20/90, effective 10/21/90. Statutory Authority: RCW 28B.15.502. 89-14-037 (Order 116, Resolution No. 89-16), § 131-28-026, filed 6/29/89. Statutory Authority: RCW 28B.15.502 and 28B.15.740. 82-22-023 (Order 94, Resolution No. 82-37), § 131-28-026, filed 10/26/82. Statutory Authority: RCW 28B.15.502. 82-11-035 (Order 93, Resolution No. 82-16), § 131-28-026, filed 5/11/82. Statutory Authority: RCW 28B.15.500 as amended by chapter 257, Laws of 1981. 81-19-060 (Order 89, Resolution No. 81-65), § 131-28-026, filed 9/14/81. Statutory Authority: Chapter 34.04 RCW and WAC 1-12-065. 78-07-064 (Order 71, Resolution No. 78-29), § 131-28-026, filed 6/30/78; Order 63 and Emergency Order 64, § 131-28-026, filed 9/13/77, effective 9/13/77; Order 25, § 131-28-026, filed 4/22/74, effective 7/1/74.]

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