PROPOSED RULES
COORDINATING BOARD
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-06-081.
Title of Rule: Student residency rules.
Purpose: To establish regulations for the administration of student residency status in higher education.
Statutory Authority for Adoption: RCW 28B.15.015.
Statute Being Implemented: RCW 28B.15.013.
Summary: To clarify and strengthen rules regarding the determination of student residency status, including:
| • | General level of proof required. |
| • | Supporting documentation. |
| • | Proof of financial dependence and independence. |
| • | Establishment of domicile. |
Reasons Supporting Proposal: To establish uniform rules concerning residency status for tuition purposes.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nina Oman, 917 Lakeridge Way, Olympia, WA 98504, (360) 753-7855.
Name of Proponent: Higher Education Coordinating Board, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This proposal changes existing student residency rules. Key changes include:
| • | Reinforcing that establishment of a domicile be for other than educational purposes. |
| • | Emphasizing unchanging classification as a nonresident in the absence of evidence of a sufficient quantity and quality to satisfy the institution to the contrary. |
| • | Changing wording regarding proof of financial dependence or independence from "substantiate a reasonable presumption" to "consider a claim." |
| • | Changing evidence required for consideration of a claim of financial independence by: |
| O | Adding "evidence of coverage for medical, life, automobile and property insurance." |
| O | Requiring that a student "demonstrate by evidence satisfactory to the institution that he or she has met, through his or her income, the expenses associated with college tuition and living for the current calendar year and the calendar year immediately prior to the year in which application is made. Personal loans, PLUS loans, gifts, and cash earnings shall not be counted as income in this calculation. Financial aid grants, scholarships, and loans authorized by the financial aid office in the student's name may be considered as personal income." |
| O | Making "a trust or other account available to the student evidence of financial dependence. If the account was created before the student entered high school, there shall be a rebuttable presumption of dependence." |
| • | Changing evidence required for consideration of a claim of financial dependence to be the same as that required for financial independence. |
| • | Adding certain types of documentation and clarification as to "duration and location" of evidence required to prove establishment of domicile. |
| • | Changing wording in certain sections where proof is required; proposing: |
| O | That proof of student classification be "of sufficient quantity and quality to satisfy the institution." |
| O | That proof of domicile be determined according to the individual's "overall" situation with factors considered "for both the individual and his or her spouse," with "weight assigned to any given factor depending on the ease with which it might be established and the degree to which it demonstrates commitment to domicile as a matter of common sense and as part of the individual's overall circumstances." |
| O | That proof of financial independence be "satisfactory to the institution." |
| • | Making amendments to this chapter apply prospectively to the academic quarter which commences subsequent to the adoption of the amendments. |
Proposal Changes the Following Existing Rules: This proposal clarifies and strengthens existing rules for determining residency status for tuition purposes; requiring sufficient proof and additional documentation for residency, and changing requirements for financial dependence and financial independence.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect educational institutions and students, not businesses.
RCW 34.05.328 does not apply to this rule adoption. The Higher Education Coordinating Board is not one of the listed agencies subject to this statute.
Hearing Location: Schmitz Hall, Room 228, University of Washington, Seattle, Washington, on May 27, 2003, at 1-4 p.m.; and at the Lighty Student Services Building, Room 405, Washington State University, Pullman, Washington, on May 30, 2003, at 1-4 p.m.
Assistance for Persons with Disabilities: Contact University of Washington, Disability Services Office, ten days in advance, TTY (206) 543-6452, or (206) 543-6450; or contact Susan Shaeffer, Washington State University, Disability Resource Center, TTY (509) 335-3417, or (509) 335-1566.
Submit Written Comments to: Nina Oman, Associate Director, Higher Education Coordinating Board, P.O. Box 43430, Olympia, WA 98504-3430, e-mail ninao@hecb.wa.gov, fax (360) 704-6255, by May 30, 2003.
Date of Intended Adoption: June 12, 2003.
April 22, 2003
Nina J. Oman
Associate Director, Policy
(2) The term "domicile" shall denote a person's true, fixed, and permanent home and place of habitation for other than educational purposes. It is the place where he or she intends to remain, and to which he or she expects to return when he or she leaves without intending to establish a new domicile elsewhere.
(3) The term "reside" shall mean the maintenance and occupancy of a primary residence in the state of Washington.
(4) The term "financially independent" shall be determined according to WAC 250-18-035.
(5) The term "dependent" shall mean a person who is not financially independent.
(6) The term "resident" for tuition and fee purposes shall be determined according to WAC 250-18-020.
(7) The term "nonresident" for tuition and fee purposes shall be determined according to WAC 250-18-020.
(8) The term "recovery of fees" shall apply to the amounts due to the institution or the student as a result of improper classification.
(9) The term "civil service" shall mean Washington state or federal government nonmilitary employment.
[Statutory Authority: 1982 1st ex.s. c 37 § 4. 82-19-015 (Order 10-82, Resolution No. 83-1), § 250-18-015, filed 9/8/82.]
(a)(i) ((Have)) Has 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)) Is financially independent; or
(b) ((Be)) Is 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))) provided that 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)) has enrolled
in a public institution of higher education within six months
of leaving high school, shall be considered a resident only
for as long as the student remains continuously enrolled for
three quarters or two semesters in any calendar year; or
(((d) Be)) (c) Is the spouse or dependent of an active
duty military person stationed in the state of Washington;
(((e) Be)) (d) Is 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)) (e) Is a student domiciled for one year in one
or a combination of the following states: Idaho, Montana,
Oregon, or Washington, and ((be)) is 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 and 28B.15.0131. 98-08-004, § 250-18-020, filed 3/18/98, effective 4/18/98. Statutory Authority: 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.]
(2) Application for a change in classification shall be accepted up to the thirtieth calendar day following the first day of the instruction of the quarter or semester for which application is made. Applications made after that date in any quarter or semester shall be considered to have been filed as of the first day of the subsequent quarter or semester.
(3) Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence maintained in the files of the institution.
(4) Approval of an application for resident status shall be made only after satisfaction that the requirements of domicile and independency or dependency have been made in compliance with RCW 28B.15.012 and WAC 250-18-030 and 250-18-035. Reclassification from nonresident to resident status preliminarily approved sixty days or more prior to the satisfaction of a one-year durational domicile shall be supplemented with additional documented proof of domicile if deemed necessary by the institution prior to final approval.
(5) The burden of proof that a student, parent, or legally appointed guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.
(6) For any student classified as a resident or authorized to pay resident fees or exempted from the payment of the nonresident differential on a basis other than an established domicile in the state of Washington, the fee paying status of such student shall be subject to determination each term on the basis of chapter 28B.15 RCW.
[Statutory Authority: 1982 1st ex.s. c 37 § 4. 83-13-092 (Order 2-83, Resolution No. 83-65), § 250-18-025, filed 6/17/83; 82-19-015 (Order 10-82, Resolution No. 83-1), § 250-18-025, filed 9/8/82.]
A nonresident student who is enrolled for more than six hours per semester or quarter shall be presumed to be in the state of Washington for primarily educational purposes. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that he or she has, in fact, established a bona fide domicile in this state primarily for purposes other than educational.
To aid the institutions in determining whether a student,
parent, legally appointed guardian, or the person having legal
custody of a student has established a bona fide domicile in
the state of Washington primarily for purposes other than
educational, the following factors are to be considered((:
(1) Registration or payment of taxes or fees on a motor vehicle, mobile home, travel trailer, boat, or any other item of personal property owned or used by the person for which state registration or the payment of a state tax or fee is required, for the one year immediately prior to commencement of the semester or quarter for which application is made;
(2) Valid Washington driver's license for the one year immediately prior to the commencement of the quarter or semester for which application is made;
(3) Permanent full-time employment in the state of Washington during the one year immediately prior to commencement of the semester or quarter for which application is made;
(4) Address and other pertinent facts listed on a true and correct copy of federal and state income tax returns for the calendar year prior to the year in which application is made;
(5) Location of voter registration for the one-year period immediately prior to commencement of the semester or quarter for which application is made;
(6) Purchase of primary residence, lease agreement, or monthly rental receipts for one year immediately prior to commencement of the semester or quarter for which application is made;
(7) Residence status of the student in schools attended outside the state of Washington;
(8) Location of checking account, savings account, and/or safety deposit box for one year immediately prior to commencement of the semester or quarter for which application is made.
Additional factors may be considered at the request of a student as supporting documentation of a one-year durational domicile. Such factors may include, but are not limited to:
(1) Address of student listed on selective service registration;
(2) Location of membership in professional, business, civic or other organizations.)) for both the individual and his or her spouse. The weight assigned to any given factor should depend on the ease with which it might be established and the degree to which it demonstrates commitment to domicile as a matter of common sense and as part of the individual's overall circumstances.
(1) Location and duration of registration or payment of taxes or fees on any motor vehicle, mobile home, travel trailer, boat, or any other item of personal property owned or used by the person;
(2) State and duration of any driver's license for the previous one year;
(3) Location and duration of any continuous full-time employment for the previous one year;
(4) Address and other pertinent facts listed on a true and correct copy of federal and state income tax returns for the calendar year prior to the year in which application is made;
(5) Location and duration of any voter registration for the previous one year;
(6) Location and duration of primary residence, evidenced by title, lease agreement, or monthly rental receipts for the previous one year;
(7) Residence status in all secondary and post-secondary schools attended outside the state of Washington;
(8) Location and duration of any checking accounts, savings accounts, and/or safety deposit boxes for the previous one year.
(9) Address listed on selective service registration;
(10) Location of membership in professional, business, civic or other organizations;
(11) Receipt of benefits under a public assistance programs;
(12) State claimed as residence for obtaining eligibility to hold a public office or for judicial actions;
(13) State claimed as residence for obtaining state hunting or fishing licenses;
(14) State in which a custodial parent has a child attending public schools.
[Statutory Authority: 1982 1st ex.s. c 37 § 4. 83-13-092 (Order 2-83, Resolution No. 83-65), § 250-18-030, filed 6/17/83; 82-19-015 (Order 10-82, Resolution No. 83-1), § 250-18-030, filed 9/8/82.]
(1) To ((substantiate)) consider a ((reasonable
presumption)) claim that a person is financially independent,
the institution may require such documentation as deemed
necessary, including but not limited to the following:
(a) That individual's sworn statement.
(b) A true and correct copy of the state and federal income tax return of the person for the calendar year immediately prior to the year in which application is made.
Should a person not have filed a state or federal income tax return because of minimal or no taxable income, documented information concerning the receipt of such nontaxable income may be submitted.
(c) A true and correct copy of the person's W-2 forms filed for the previous calendar year.
(d) Other documented financial resources((. Such other
resources)), which may include but are not ((be)) limited
to((,)) the sale of personal or real property, inheritance,
trust funds, state or financial assistance, gifts, loans, or
statement of earnings of the spouse of a married student.
(e) A true and correct copy of the first and signature page of the state and federal tax returns of the parents, legally appointed guardians, or person or persons having legal custody of the student for the calendar year immediately prior to the year in which application is made.
The extent of the disclosure required concerning the parent's or legal guardian's state and federal tax returns shall be limited to the listing of dependents claimed and the signature of the taxpayer and shall not require disclosure of financial information contained in the returns.
(f) A student whose parents are both deceased or who has been made an official ward of the court may be required to provide documentation attesting to the fact of such circumstances.
(g) Evidence of coverage for medical, life, automobile, and property insurance.
(2) To aid institutions in determining the financial independence of a student whose parents, legally appointed guardian, or person having legal custody of the student do not provide the documentation because of total separation or other reasons from the student, documentation clearly stating the student's status and relationship with his or her parents or legal guardian from a responsible third person, e.g., family physician, lawyer, or social worker may be submitted.
(3) To be considered financially independent, a student must demonstrate by evidence satisfactory to the institution that he or she has met, through his or her income, the expenses associated with college tuition and living for the current calendar year and the calendar year immediately prior to the year in which application is made. Personal loans, PLUS loans (parent loan for undergraduate students), gifts, and cash earnings shall not be counted as income in this calculation. Financial aid grants, scholarships and loans authorized by the financial aid office in the student's name may be considered as personal income.
(4) A trust or other account available to the student shall be considered evidence of financial dependence. If the account was created before the student entered high school, there shall be a rebuttable presumption of dependence.
(5) Information submitted by the student to the institution on the Washington financial aid form may be used to affirm the authenticity of information submitted on an application.
(((4))) (6) In all cases, the burden of proof that a
student is financially independent lies with the student.
[Statutory Authority: 1982 1st ex.s. c 37 § 4. 82-19-015 (Order 10-82, Resolution No. 83-1), § 250-18-035, filed 9/8/82.]
[]
The following section of the Washington Administrative Code is repealed:
| WAC 250-18-040 | Evidence of financial dependency. |