Preproposal statement of inquiry was filed as WSR 03-13-075.
Title of Rule: Chapter 250-70 WAC, Educational opportunity grant.
Purpose: Passage of ESB 5676 results in the need to update rules. The major revisions include the inclusion of branch campuses as eligible institutions and making students from all Washington counties eligible.
Statutory Authority for Adoption: RCW 28B.240 and .370 [28B.80.240 and 28B.80.370] and 28B.101.030.
Statute Being Implemented: RCW 28B.101.005 through [28B.101].040.
Summary: To incorporate changes from the program evaluation and ESB 5676 updating eligible counties, eligible institutions and deleting outdated references to existing demonstration project and existing unused capacity.
Reasons Supporting Proposal: The passage of ESB 5676.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Gebhardt, 917 Lakeridge Way, Olympia, WA 98504, (360) 753-7852.
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: The proposed changes to the rules would make the program available to all Washington residents and would allow students to attend branch campuses. Making these changes means the program can be better publicized and more equitably used by all state citizens.
Proposal Changes the Following Existing Rules: All residents of the state can participate in the program, expands the definition to include other direct transfer degrees, extends eligibility to recipients who wish to enroll at a branch campus, expands recognition of accredited institutions to those approved by the board, the concept of "unused institutional capacity" is eliminated from the program, and removes the language referencing "demonstration project."
No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes will not have an impact on small businesses.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Higher Education Coordinating Board, 3rd Floor Conference Room, 917 Lakeridge Way, Olympia, WA 98504-3430, on September 9, 2003, at 9:00 a.m. to 12:00 p.m.
Assistance for Persons with Disabilities: Contact Belma Villa by September 2, 2003, TDD (360) 753-7809 or (360) 753-7800.
Submit Written Comments to: Betty Gebhardt, Associate Director, Higher Education Coordinating Board, P.O. Box 43430, Olympia, WA 98504-3430, fax (360) 753-7808, by September 9, 2003.
Date of Intended Adoption: September 24, 2003.
August 1, 2003
AMENDATORY SECTION(Amending WSR 90-16-023, filed 7/20/90, effective 8/20/90)
WAC 250-70-010 Purpose. Recognizing that Washington state experiences low participation rates at the upper-division level within postsecondary education, ((
further recognizing that the state intends to meet future
educational demand, in part, through a system of branch
campuses,)) the legislature has authorized (( the development
of)) the educational opportunity grant program.
Further, recognizing that there exists in some public
and private higher education institutions unused enrollment
capacity within existing educational programs and facilities,
the educational opportunity grant program will test the
premise that a supplemental grant of some significance will
influence eligible placebound students to choose such
institutions when transferring to or enrolling in
The purpose of the educational opportunity grant program
is to serve eligible placebound financially needy ((
Washington residents who have completed an associate of arts
or associate of science degree, or (( its)) the equivalent,
(( by)) enabling them to (( increase their participation))
participate in and (( completion of)) complete upper-division
study at eligible institutions (( which have the capacity to
accommodate such students within existing educational programs
and facilities)) approved for participation by the higher
education coordinating board.
Believing that there will be a substantial saving to
the state to maximize use of existing capacity within
educational programs and facilities at both public and private
institutions, the demonstration project will test the
relationship between student financial aid and enrollment to
improve understanding of how financial aid policy and the
awarding of this grant affect otherwise placebound students in
choosing higher education and selecting institutions.))
[Statutory Authority: 1990 c 288. 90-16-023, § 250-70-010, filed 7/20/90, effective 8/20/90.]
(a) For the University of Washington Bothell-Woodinville branch, the service area consists of Snohomish County and King County.
(b) The University of Washington Tacoma branch service area includes Pierce County, the southern part of King County, and a portion of Kitsap County.
(c) The service area for the proposed Washington State University Spokane branch consists of Spokane County.
(d) The Washington State University Tri-Cities branch service area includes three counties: Benton, Franklin and Walla Walla.
(e) The Washington State University Southwest Washington branch service area is defined as Clark, Cowlitz, and Skamania counties.
(f) The Yakima education center service area includes Yakima County.
The board shall, in guidelines, further define these service areas.
(2) "Demonstration project" shall mean a reasonable period of time for testing the premise and expected outcomes of the program.
(3))) "Placebound" shall mean unable ((
to relocate)) to
complete a college program because of family or employment
commitments, health concerns, monetary inability, or other
(4))) (2) "Placebound resident" shall mean a person
(( whose residence is located in an area served by a branch
campus)) who, because of family or employment commitments,
health concerns, monetary need, or other similar factors,
would be presumed unable to complete an upper-division course
of study but for receipt of an educational opportunity grant. A placebound resident is one who may be influenced by the
receipt of an enhanced student financial aid award to attend
an eligible institution (( that has existing unused capacity
rather than attend a branch campus established pursuant to
chapter 28B.45 RCW)) approved for participation in the program
by the higher education coordinating board.
(5))) (3) "Demonstrated financial need" shall mean the
difference between the budgetary cost to the student attending
the institution of postsecondary education and the total
applicant resources which the institutional financial aid
officer determines can reasonably be expected to be available
to the student for meeting such costs.
(6))) (4) "Needy student" shall mean those students as
defined in RCW 28B.10.802(3), and as otherwise defined by the
(7))) (5) "Washington resident or resident student"
shall mean an individual who at the time of application for an
educational opportunity grant satisfies the requirements of
RCW 28B.15.012 (( through 28B.15.013)) (2)(a) through (d) and
board-adopted rules and regulations pertaining to the
determination of state residency.
(8))) (6) "Associate of arts or associate of science
degree or the equivalent" shall mean coursework comparable to
admission at the junior level or above by the enrolling
(9))) (7) "Upper division" shall mean baccalaureate
coursework beyond an associate of arts degree or its
(10))) (8) "Award amount" shall mean an award amount up
to $2,500 per academic year per student, prorated per term of
attendance, paid periodically in equal installments, not to
exceed the student's demonstrated financial need.
(11))) (9) "Academic year" shall generally mean a
nine-month period (three quarters or two semesters).
(10) "Board" shall mean the higher education coordinating board. When a duty or responsibility of the board is referenced in these regulations, the authority needed to discharge that responsibility lies with the executive director or his or her designee.
(12) "Existing unused capacity" shall mean available
capacity within existing educational programs and facilities
as periodically and formally defined and approved by the board
for purposes of statewide enrollment planning.))
[Statutory Authority: 1990 c 288. 90-16-023, § 250-70-020, filed 7/20/90, effective 8/20/90.]
(1) Be a public [university of four-year college
operated by the state of Washington political subdivision
thereof,] or [a] private baccalaureate institution of higher
education in the state of Washington which is a member
institution of the Northwest Association of Schools and
Colleges. Any institution, branch, extension or facility
operating within the state of Washington which is affiliated
with an institution operating in another state must be a
separately accredited member institution of the above named
accrediting association, and
(2) Be certified by the higher education coordinating board as having existing unused capacity to accommodate educational opportunity grant recipients within existing educational programs and facilities, excluding any branch campus or [education] [educational] program established under chapter 28B.45 RCW[, and].
(3))) (1) Be a public or private postsecondary educational institution in the state of Washington accredited by the Northwest Association of Schools and Colleges; or a branch campus of a member institution accredited by Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Southern Association of Colleges and Schools, or Western Association of Schools and Colleges that is eligible for federal student financial aid assistance, have operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years in the state of Washington, and have an annual enrollment of at least seven hundred full-time equivalent students.
(2) Complete an agreement to participate ((
acknowledge)) acknowledging its responsibility to administer
the educational opportunity grant program according to
prescribed rules and regulations and guidelines, and otherwise
give evidence of its eligibility, if necessary.
[Statutory Authority: Chapters 28B.80 and 28B.101 RCW. 93-19-024, § 250-70-030, filed 9/3/93, effective 10/4/93. Statutory Authority: 1990 c 288. 90-16-023, § 250-70-030, filed 7/20/90, effective 8/20/90.]
(1) Be a "financially needy student" as determined by the higher education coordinating board in accordance with RCW 28B.10.802(3);
(2) Be a resident of the state of Washington;
Be a resident of a branch campus service area;
(4))) Be enrolled or accepted for enrollment at least
half time, with priority to full-time enrollment, as an
upper-division undergraduate student at an eligible
baccalaureate institution in the state of Washington
approved by the higher education coordinating board as an
eligible institution for purposes of this program));
(5))) (4) Be a placebound resident;
(6))) (5) Have completed an associate of arts or
associate of science degree or (( its)) the equivalent (( at an
institution other than the one selected for purposes of
receiving this grant));
(7))) (6) Not be required by the institution to be
involved in a program that includes any religious worship,
exercise or instruction (( or the pursuit of any degree in
religious, seminarian, or theological academic studies));
(8))) (7) Make satisfactory academic progress as
determined by the institution; and
(9))) (8) An otherwise eligible student may not (( use))
apply for this grant to (( attend a branch campus of a public
university or to)) continue enrollment at an institution where
he or she is presently attending.
[Statutory Authority: 1990 c 288. 90-16-023, § 250-70-040, filed 7/20/90, effective 8/20/90.]
[Statutory Authority: 1990 c 288. 90-16-023, § 250-70-050, filed 7/20/90, effective 8/20/90.]
(1) Determination. The higher education coordinating
board shall determine student eligibility and awards under
this program. The board will ((
appoint a policy)) convene as
necessary an advisory committee to (( advise)) work with the
board on matters of program policy and administration
including, but not limited to: Award screening (( and)),
selection criteria (( and)), administrative procedures, program
publicity, and efforts to recruit placebound students. (( The
board shall appoint a separate screening and selection
(2) Standards. Assuming program eligibility criteria are
met, the following additional selection criteria, among
others, may be employed ((
by the selection committee)) in
ranking candidates and awarding grants:
(a) Evidence that, but for this grant, a placebound student could not pursue baccalaureate study at an eligible institution of the student's choice;
(b) Evidence of financial hardship or significant educational debt; and
A brief statement)) Information describing the
student's educational goals and plans.
Once named, recipients may elect to use the grant at
any one of the board-certified eligible institutions.)) A
student may ultimately choose an eligible institution
different from that referenced in his or her application,
provided the board and the receiving eligible institution can
(( also)) verify student eligibility criteria such as
placebound status, certification of enrollment in an eligible
academic program, documented financial need and satisfactory
academic progress status. To deliver an incentive for
recipients, the institution agrees to package the grant as
[Statutory Authority: 1990 c 288. 90-16-023, § 250-70-060, filed 7/20/90, effective 8/20/90.]
The educational opportunity grant, when combined with the state share of other state-appropriated student financial aid programs, shall not exceed an amount equal to the total maximum student expense budget at the public research institutions plus the current average state appropriation per student for operating expense in the public institutions.
[Statutory Authority: 1990 c 288. 90-16-023, § 250-70-070, filed 7/20/90, effective 8/20/90.]
(2) Maintenance of effort. State funds provided under this program are not to be used to supplant federal, state or institutional grants which would otherwise be available to support the student's attendance.
(3) Reports. The higher education coordinating board will obtain periodic reports from institutions describing the number of educational opportunity grant recipients selecting that institution, the socio-economic profile of such recipients in attendance at each participating institution, and other information about the student's academic program pertinent to these rules.
(4) Oversight and appeals. If an institution fails to
maintain eligibility for the program as defined in WAC
250-70-030)) 250-70-020, or if the board determines that an
institution has failed to comply with program rules and
regulations or guidelines, the board may suspend, terminate,
or place conditions upon the institution's participation in
the program. Satisfactory resolution of a dispute will be
attempted by board staff. If satisfactory resolution cannot
be achieved by board staff, the institution initiating the
appeal may request a hearing with the board, which shall take
action on the appeal. Eligible applicants may request in
writing a review of any adverse decision affecting them by
requesting such review within 20 days of the adverse decision,
addressed to the executive director of the higher education
coordinating board. In both circumstances, the appeal shall
be conducted consistent with the terms of the Administrative
Procedure Act, chapter 34.05 RCW.
[Statutory Authority: 1990 c 288. 90-16-023, § 250-70-080, filed 7/20/90, effective 8/20/90.]