STATE BOARD FOR COMMUNITY

AND TECHNICAL COLLEGES

[Filed August 9, 2021, 1:55 p.m., effective September 9, 2021]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Institutional financial aid. Amending to meet financial aid terminology changes as a result of ESSHB [E2SHB] 2158 (2019 session). No anticipated effects to rules, other than terminology changes.

Citation of Rules Affected by this Order: Amending WAC 131-28-036 [131-36-050, 131-36-055, and 131-36-100].

Statutory Authority for Adoption: Chapter 28.50 RCW.

Adopted under notice filed as WSR 21-12-023 on May 24, 2021.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 3, 2021.

AMENDATORY SECTION(Amending WSR 16-11-016, filed 5/6/16, effective 6/6/16)

WAC 131-36-050Definitions.

For the purposes of chapter 131-36 WAC, the following definitions shall apply:

(1) "Fund" shall mean the institutional financial aid fund established by RCW 28B.15.820.

(2) "Current federal methodology" shall mean the method of determining financial need as prescribed by the United States Department of Education.

(3) "Loan guarantor" shall mean the Washington student loan guaranty association or its successor agency authorized to guarantee educational loans in Washington granted pursuant to 20 U.S. Code Section 1071.

(4) "Operational" shall mean that the institution has been approved as a lender and is eligible to provide loans guaranteed by the Washington student loan guaranty association successor agency.

(5) "((Needy))Eligible student" is defined in RCW 28B.92.030(3).

(6) "Other institutional financial aid" shall be defined as locally administered, need-based institutional employment, tuition and fee scholarships, or grants.

AMENDATORY SECTION(Amending WSR 16-11-016, filed 5/6/16, effective 6/6/16)

WAC 131-36-055Use of fund.

Moneys in this fund shall be used for student financial aid:

(1) Long-term loans;

(2) Short-term loans; or

(3) Locally administered need-based grants, tuition scholarships and institutional employment programs for ((needy,)) resident students who demonstrate financial need, or a financial aid program for high school students enrolled in a dual credit program to cover expenses including, but not limited to, tuition, fees, course materials, and transportation. The moneys in this fund shall not be used for college operating expenses.

AMENDATORY SECTION(Amending WSR 16-11-016, filed 5/6/16, effective 6/6/16)

WAC 131-36-100Eligibility.

(1) Long-term loans and other institutional financial aid to ((needy)) students who demonstrate financial need shall be made only to students who qualify as residents for tuition purposes under RCW 28B.15.012 (2)(a) through (e) or to align with federal guidelines and are enrolled for at least three credit hours of instruction or the equivalent.

(2) Priorities for use of other institutional financial aid shall be given to:

(a) ((Needy))Students who have accumulated excessive educational loan burdens;

(b) ((Needy))Single parents who are students with demonstrated financial need for educational expenses, including child care and transportation;

(d) ((Needy dual credit))Enrolled dual credit students who demonstrate financial need for tuition, fees, course materials, and transportation.

(3) Short-term loans may be made to any student enrolled in the institution.

(4) For long-term and short-term loans, institutions must have ample evidence that students have the capability of repaying the loan within the time frame specified by the institution.

(5) No individual shall be eligible for long-term loans, short-term loans or other institutional financial aid for ((needy)) students who demonstrate financial need if currently in default or delinquent in the payment on any educational loan or who owes a repayment on any federal or state grant.