WSR 98-01-101

EXPEDITED ADOPTION

HIGHER EDUCATION

COORDINATING BOARD

[Filed December 16, 1997, 3:12 p.m.]

Title of Rule: Chapter 250-18 WAC, Residency status for higher education.

Purpose: Revise chapter 250-18 WAC to reflect legislative changes.

Statutory Authority for Adoption: RCW 28B.15.015.

Statute Being Implemented: Revisions reflect RCW 28B.15.0131 (1994) and chapter 433, Laws of 1997.

Summary: For tuition and fee purposes, home tuition program participants and qualified members of specified American Indian tribes are classified as residents of Washington.

Reasons Supporting Proposal: This revision reflects statutory changes.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patricia Mosqueda, 917 Lakeridge Way, Olympia, (360) 753-7863.

Name of Proponent: Higher Education Coordinating Board, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 250-18 WAC establishes regulations for determining residency status of students attending public higher education in Washington - for tuition and fee purposes.

Proposal Changes the Following Existing Rules: This revision in chapter 250-18 WAC reflects two statutory changes related to (1) students participating in the "home tuition program"; and (2) certain members of specified American Indian tribes. Students in these two categories may be classified as residents for tuition and fee purposes.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Patricia Mosqueda, Higher Education Coordinating Board, 917 Lakeridge Way, P.O. Box 43430, Olympia, WA 98504-3430, AND RECEIVED BY February 21, 1998.

December 11, 1997

Patricia Mosqueda

Policy Associate

AMENDATORY SECTION (Amending WSR 93-20-004, filed 9/22/93, effective 10/23/93)

WAC 250-18-020 Student classification. (1) For a student to be classified as a "resident" for tuition and fee purposes, he or she shall:

(a)(i) Have established a bona fide domicile in the state of Washington primarily for purposes other than educational for the period of one year immediately prior to commencement of the first day of the semester or quarter for which he or she has registered at any institution; and

(ii) Be financially independent; or

(b) Be a dependent student, with one or both of whose parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; or

(c) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high school in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; ((or))

(d) Be the spouse or dependent of an active duty military person stationed in the state of Washington;

(e) Be a student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition program agreement under RCW 28B.15.725; or

(f) Be a student domiciled for one year in one or a combination of the following states: Idaho, Montana, Oregon, or Washington, and be a member of one of the following American Indian tribes:

(i) Colville Confederated Tribes;

(ii) Confederated Tribes of the Chehalis Reservation;

(iii) Hoh Indian Tribe;

(iv) Jamestown S'Klallam Tribe;

(v) Kalispel Tribe of Indians;

(vi) Lower Elwha Klallam Tribe;

(vii) Lummi Nation;

(viii) Makah Indian Tribe;

(ix) Muckleshoot Indian Tribe;

(x) Nisqually Indian Tribe;

(xi) Nooksack Indian Tribe;

(xii) Port Gamble S'Klallam Community;

(xiii) Puyallup Tribe of Indians;

(xiv) Quileute Tribe;

(xv) Quinault Indian Nation;

(xvi) Confederated Tribes of Salish Kootenai;

(xvii) Sauk Suiattle Indian Nation;

(xviii) Shoalwater Bay Indian Tribe;

(xix) Skokomish Indian Tribe;

(xx) Snoqualmie Tribe;

(xxi) Spokane Tribe of Indians;

(xxii) Squaxin Island Tribe;

(xxiii) Stillaguamish Tribe;

(xxiv) Suquamish Tribe of the Port Madison Reservation;

(xxv) Swinomish Indian Community;

(xxvi) Tulalip Tribes;

(xxvii) Upper Skagit Indian Tribe;

(xxviii) Yakama Indian Nation;

(xxix) Coeur d'Alene Tribe;

(xxx) Confederated Tribes of Umatilla Indian Reservation;

(xxxi) Confederated Tribes of Warm Springs;

(xxxii) Kootenai Tribe; and

(xxxiii) Nez Perce Tribe.

(2) A student shall be classified as a "nonresident" for tuition and fee purposes if he or she does not qualify as a resident student under the provisions of subsection 1 of this section. A nonresident student shall include a student if he or she:

(a) Will be financially dependent for the current year or was financially dependent for the calendar year prior to the year in which application is made and who does not have a parent or legally appointed guardian who has maintained a bona fide domicile in the state of Washington for one year immediately prior to the commencement of the semester or quarter for which the student has registered at an institution;

(b) Attends an institution with financial assistance provided by another state or governmental unit or agency thereof wherein residency in that state is a continuing qualification for such financial assistance, such nonresidency continuing for one year after the completion of the quarter or semester for which financial assistance is provided. Such financial assistance relates to that which is provided by another state, governmental unit[,] or agency thereof for direct or indirect educational purposes and does not include retirements, pensions, or other noneducational related income. A student loan guaranteed by another state or governmental unit or agency thereof on the basis of eligibility as a resident of that state is included within the term "financial assistance;"

(c) Is not a citizen of the United States of America, unless such person holds permanent or temporary resident immigration status, "refugee - parolee," or "conditional entrant" status or is not otherwise permanently residing in the United States under color of law and further meets and complies with all applicable requirements of WAC 250-18-030 and 250-18-035.

(3) A person does not lose a domicile in the state of Washington by reason of residency in any state or country while a member of the civil or military service of this state or of the United States, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas if that person returns to the state of Washington within one year of discharge from said service with the intent to be domiciled in the state of Washington.

(4) Any resident dependent student who remains in this state when such student's parents or legal guardians, having theretofore, been domiciled in this state for a period of one year immediately prior to commencement of the first day of the semester or quarter for which the student has registered at any institution, move from this state, shall be entitled to continued classification as a resident student so long as such student is continuously enrolled during the academic year.

[Statutory Authority: RCW 28B.15.015. 93-20-004, 250-18-020, filed 9/22/93, effective 10/23/93. Statutory Authority: Chapter 28B.15 RCW as amended by 1982 1st ex.s. c 37 4. 87-21-079 (Order 5-87, Resolution No. 87-60), 250-18-020, filed 10/21/87; 87-16-048 (Order 3-87, Resolution No. 87-58), 250-18-020, filed 7/29/87. Statutory Authority: 1982 1st ex.s. c 37 4. 83-13-092 (Order 2-83, Resolution No. 83-65), 250-18-020, filed 6/17/83; 82-19-015 (Order 10-82, Resolution No. 83-1), 250-18-020, filed 9/8/82.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending WSR 93-20-004, filed 9/22/93, effective 10/23/93)

WAC 250-18-060 Exemptions from nonresident status. In accordance with RCW 28B.15.014, certain nonresidents may be exempted from paying the nonresident tuition and fee differential. Exemption from the nonresident tuition and fee differential shall apply only during the term(s) such persons shall hold such appointments or be so employed. To be eligible for such an exemption, a nonresident student must provide documented evidence that he or she does reside in the state of Washington, and:

(1) Holds a graduate service appointment designated as such by an institution involving not less than twenty hours per week;

(2) Is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week;

(3) Is a faculty member, classified staff member, or administratively exempt employee who resides in the state of Washington and is holding not less than a half-time appointment, or the spouse or dependent child of such a person;

(4) Is an active duty military person stationed in the state of Washington;

(5) Is an immigrant having refugee classification from the U.S. Immigration and Naturalization Service or the spouse or dependent child of such refugee, if the refugee (a) is on parole status, or (b) has received an immigrant visa, or (c) has applied for United States citizenship; or

(6) ((Is a domestic exchange student participating under 28B.15.725 RCW; or

(7))) Is a dependent of a member of the United States Congress representing the state of Washington.