WSR 06-09-057

PREPROPOSAL STATEMENT OF INQUIRY

HIGHER EDUCATION

COORDINATING BOARD

[ Filed April 17, 2006, 2:03 p.m. ]

Subject of Possible Rule Making: Amendatory changes to state residency rules in response to legislation enacted in the 2005 session (ESHB 1607).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.15.0131.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 1607 changed eligibility for "resident" status for tuition and fee purposes of tribal members. The legislation strikes a specific listing of eligible tribes in statute and replaces it with a definition of eligible federally recognized tribes whose "traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington."

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington's public two-year and four-year colleges and universities administer residency rules in order to determine the appropriate tuition charges to students. The office of the attorney general provides legal counsel to institutions in these decisions. The higher education coordinating board rules will be developed in consultation with these agencies.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Randy Spaulding, Ph.D., Senior Associate Director for Academic Affairs, 917 Lakeridge Way S.W., Olympia, WA 98504, (360) 753-7823.

March 22, 2006

Randy Spaulding

Senior Associate Director

for Academic Affairs

Washington State Code Reviser's Office