EMERGENCY RULES
Effective Date of Rule: February 6, 2008.
Purpose: To amend WAC 478-160-163 Waivers of tuition and fees, incorporating changes to waivers mandated by chapters 450 and 461, Laws of 2007. These amendments include: Addition of a new category of individuals eligible for University of Washington employee/Washington state employee tuition waivers under RCW 28B.15.558; and mandatory tuition waivers for children/spouses of combat troops who have been killed, became totally disabled, are missing in action or are being held as prisoners of war under RCW 28B.15.621. In addition, these rules revise the eligibility provisions for the veteran's tuition waiver to more closely resemble the statute's wording; and amend the wording of the waiver to include eligible veterans and members of the National Guard who have previously received an advanced degree at another institution, but who are now pursuing their first graduate or professional degree at the University of Washington.
Citation of Existing Rules Affected by this Order: Amending WAC 478-160-163.
Statutory Authority for Adoption: RCW 28B.15.558, 28B.15.621, and 28B.20.130.
Other Authority: University of Washington Board of Regent's Standing Orders, Chapter 1, Section 2.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Immediate adoption of these WAC rule amendments is in the best public interest of those students whose tuition and student status is changed due to recent state statute amendments. In addition, recent adoption by the University of Washington's board of regents of amendments concerning the eligibility of tuition waivers for veterans and members of the National Guard are included as their tuition and student status is also impacted. It is critical to have the university's emergency rule continue as it affects the status of these various students until the permanent rule-making process is finalized and permanent rules take effect on February 22, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, 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: January 30, 2008.
Rebecca Goodwin Deardorff
Director of Rules Coordination
OTS-1125.3
AMENDATORY SECTION(Amending WSR 07-13-024, filed 6/11/07,
effective 7/12/07)
WAC 478-160-163
Waivers of tuition and fees.
(1) The
board of regents is authorized to grant tuition and fee
waivers to students pursuant to RCW 28B.15.910 and the laws
identified therein. ((Each of these laws, with the exception
of RCW 28B.15.543 and 28B.15.545,)) A number of these statutes
authorize((s)), but ((does)) do not require, the board of
regents to grant waivers for different categories of students
and provides for waivers of different fees. For the waivers
that are authorized but not required by state law, the board
of regents must affirmatively act to implement the
legislature's grant of authority under each individual law. A
list of waivers that the board has implemented can be found in
the University of Washington General Catalog, which is
published biennially. The most recent list may be found in
the online version of the General Catalog at
www.washington.edu/students/reg/tuition_exempt_reductions.html.
(2) Even when it has decided to implement a permissive waiver listed in RCW 28B.15.910, the university, for specific reasons and a general need for flexibility in the management of its resources, may choose not to award waivers to all students who may be eligible under the terms of the laws. Where the university has chosen to impose specific limitations on a permissive waiver listed in RCW 28B.15.910, those limitations are delineated in subsection (5) of this section. If the university has not imposed specific limitations on a permissive waiver listed in RCW 28B.15.910, the waiver is not mentioned in subsection (5) of this section. The university's description of the factors it may consider to adjust a waiver program to meet emergent or changing needs is found in subsection (7) of this section. All permissive waivers are subject to subsection (7) of this section.
(3) The board of regents also has the authority under RCW 28B.15.915 to grant waivers of all or a portion of operating fees as defined in RCW 28B.15.031. Waiver programs adopted under RCW 28B.15.915 are described in the General Catalog. The most recent list may be found in the online version of the General Catalog at www.washington.edu/students/reg/tuition_exempt_reductions.html. Waivers granted under RCW 28B.15.915 are subject to subsection (7) of this section.
(4) Waivers will not be awarded to students participating in self-sustaining courses or programs because they do not pay "tuition," "operating fees," "services and activities fees," or "technology fees" as defined in RCW 28B.15.020, 28B.15.031, 28B.15.041, or 28B.15.051, respectively.
(5) Specific limitations on waivers are as follows:
(a) Waivers authorized by RCW 28B.15.621 (2)(a) for eligible veterans and National Guard members, shall be awarded only to:
(i) Undergraduate students pursuing their first bachelor's degree to a maximum of 225 college-level credits, including credits transferred from other institutions of higher education; and
(ii) Full-time graduate or professional degree students
((pursuing their first advanced degree (including advanced
degrees earned at other institutions))), provided however,
that the waiver may be applied only toward a single degree
program at the University of Washington, and, provided
further, that graduate and professional degree students who
received a waiver authorized by RCW 28B.15.621 (2)(a) as
undergraduates at ((any Washington state institution of higher
education)) the University of Washington shall not be eligible
for this waiver.
To qualify an individual as an "eligible veteran or National Guard member," the person seeking the waiver must present proof of domicile in Washington state and a DD form 214 (Report of Separation) indicating their service as an active or reserve member of the United States military or naval forces, or a National Guard member called to active duty, who served in active federal service, under either Title 10 or Title 32 of the United States Code, in a war or conflict fought on foreign soil or in international waters or in another location in support of those serving on foreign soil or in international waters, and if discharged from services, has received an honorable discharge.
(b) ((Waivers authorized by RCW 28B.15.621 (2)(b) and (c)
for children or spouses of eligible veterans and National
Guard members who became totally disabled, or lost their
lives, while engaged in active federal military or naval
service, or who are prisoners of war or missing in action,
shall be awarded only to:
(i) Undergraduate students pursuing their first bachelor's degree to a maximum of 225 college-level credits, including credits transferred from other institutions of higher education; and
(ii) Full-time graduate or professional degree students pursuing their first advanced degree (including advanced degrees earned at other institutions), provided however, that graduate and professional degree students who received a waiver authorized by RCW 28B.15.621 (2)(b) or (c) as undergraduates at any Washington state institution of higher education shall not be eligible for this waiver.
(c))) Waivers of nonresident tuition authorized by RCW 28B.15.014 for university faculty and classified or professional staff shall be restricted to four consecutive quarters from their date of employment with the University of Washington. The recipient of the waiver must be employed by the first day of the quarter for which the waiver is awarded. Waivers awarded to immigrant refugees, or the spouses or dependent children of such refugees, shall be restricted to persons who reside in Washington state and to four consecutive quarters from their arrival in Washington state.
(((d))) (c) Waivers authorized by RCW 28B.15.380 for
children of police officers or fire fighters who are deceased
or permanently disabled, shall be awarded only to
undergraduate students pursuing their first bachelor's degree
to a maximum of 225 college-level credits, including credits
transferred from other institutions of higher education.
(((e))) (d) Waivers authorized by RCW 28B.15.558 shall be
awarded only to:
(i) University of Washington employees who are employed half-time or more, hold qualifying appointments as of the first day of the quarter for which the waivers are requested, are paid monthly, and, for classified staff new to the university, have completed their probationary periods prior to the first day of the quarter; or
(ii) State of Washington permanent employees who are employed half-time or more, are not University of Washington permanent classified employees, are permanent classified or exempt technical college paraprofessional employees, or are permanent faculty members, counselors, librarians or exempt employees at other state of Washington public higher education institutions; or
(iii) Teachers and other certificated instructional staff employed at public common and vocational schools, holding or seeking a valid endorsement and assignment in a state-identified shortage area.
(6) ((To qualify an individual as an "eligible veteran or
National Guard member," the person seeking the waiver must
present proof of domicile in Washington state and a DD form
214 (Report of Separation) indicating their service related to
specific United States military operations or campaigns fought
on foreign soil or in international waters.)) Waivers mandated
by RCW 28B.15.621(4), as amended by section 1, chapter 450,
Laws of 2007, for children and spouses or surviving spouses of
eligible veterans and National Guard members who became
totally disabled, or lost their lives, while engaged in active
federal military or naval service, or who are prisoners of war
or missing in action, shall be awarded in accordance with, and
subject to the limitations set forth in state law.
(7) The university may modify its restrictions or requirements pursuant to changes in state or federal law, changes in programmatic requirements, or in response to financial or other considerations, which may include, but are not limited to, the need to adopt fiscally responsible budgets, the management of the overall levels and mix of enrollments, management initiatives to modify enrollment demand for specific programs and management decisions to eliminate or modify academic programs. The university may choose not to exercise the full funding authority granted under RCW 28B.15.910 and may limit the total funding available under RCW 28B.15.915.
[Statutory Authority: RCW 28B.15.621 and 28B.20.130. 07-13-024, § 478-160-163, filed 6/11/07, effective 7/12/07. Statutory Authority: Chapter 28B.15 RCW and RCW 28B.20.130. 06-12-008, § 478-160-163, filed 5/26/06, effective 6/26/06; 02-06-021, § 478-160-163, filed 2/25/02, effective 3/28/02.]