Effective Date of Rule: Thirty-one days after filing.

     Purpose: Removes the private contribution matching requirement; removes reference to the American Indian endowed scholarship trust fund; and requires that any future state fund appropriations be deposited into the American Indian scholarship endowment fund.

     Citation of Existing Rules Affected by this Order: Amending WAC 250-76-020 and 250-76-050 through 250-76-070, American Indian endowed scholarship program.

     Statutory Authority for Adoption: RCW 28B.108.060, 28B.108.020, 28B.108.050, and 28B.108.070.

     Other Authority: Passage of SSB 5001, chapter 259, Laws of 2009, 61st legislature, 2009 regular session.

      Adopted under notice filed as WSR 09-17-088 on August 17, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 9, 2009.

John Klacik

Director of

Student Financial Assistance

OTS-2619.2

AMENDATORY SECTION(Amending WSR 93-19-025, filed 9/3/93, effective 10/4/93)

WAC 250-76-020   Program definitions.   (1) "Institution of higher education" or "institution" shall mean any public university, college, community college, or technical college operated by the state of Washington or any political subdivision thereof, or any other university, college, school, or institute in the state of Washington offering instruction beyond the high school level which is a member institution of the Northwest ((Association of Schools and)) Commission on Colleges and Universities, providing such institution agrees to participate in the program in accordance with all applicable rules and regulations. 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.

     (2) "Board" means 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.

     (3) "Eligible student" or "student" means an American Indian student who meets the eligibility criteria as defined in WAC 250-76-030(1).

     (4) "Full-time undergraduate student" is defined as a student who is enrolled for twelve quarter credits or the equivalent.

     (5) "Full-time graduate student" is defined as one who is enrolled in at least the minimum credit course load required by the institution for disbursing financial aid to full-time graduate students.

     (6) "Private cash donation," "private donation," or "donation" means moneys from nonstate sources that include, but are not limited to, federal moneys, tribal moneys, and assessments by commodity commissions authorized to conduct research activities, including but not limited to, research studies authorized under RCW 15.66.030 and 15.65.040.

     (7) "Conditional gift" means a private cash donation received as a gift and subject to conditions by the contributor.

[Statutory Authority: Chapters 28B.80 and 28B.108 RCW. 93-19-025, § 250-76-020, filed 9/3/93, effective 10/4/93. Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-020, filed 1/27/92, effective 2/27/92.]

     (a) The amount of the scholarship for an undergraduate student shall be determined by the higher education coordinating board in consultation with the advisory committee, not to exceed the student's demonstrated financial need.

     (b) The amount of the scholarship for a graduate student shall be determined by the higher education coordinating board in consultation with the advisory committee, not to exceed:

     (i) The student's demonstrated financial need, or

     (ii) The stipend of a teaching assistant, including tuition, at the University of Washington, whichever is higher.

     (c) In calculating a student's need, the board shall consider the student's costs for tuition, fees, books, supplies, transportation, room, board, personal expenses, and child care.

     (d) The maximum yearly scholarship for any student may not exceed the maximum possible scholarship received for a student attending the University of Washington.

     (e) Monetary awards made from this endowment may not replace any other state or federal student financial aid grant which would otherwise be made available to the student. If the recipient of this award is also a recipient of other student aid, it is the intent of this program that the institution presume that the endowment award be used to fill an unmet financial need or replace loans.

     (2) Term of scholarship award.

     (((a))) A student is eligible to receive a scholarship for a maximum of five years. In order to receive the scholarship award beyond the first year, the student must continue to meet eligibility and selection criteria as defined in WAC 250-76-020 (3)(4)(5), 250-76-030, and 250-76-040(3) of these rules. The following additional criteria may be employed by the board in determining renewal of a student's scholarship award:

     (((i))) Amount of earnings by ((the American Indian endowed scholarship trust fund and)) the American Indian scholarship endowment fund as ((administered)) managed by the state ((treasurer)) investment board.

     (3) Number of scholarships awarded. The maximum number of scholarships awarded or renewed each year shall be limited by the amount of earnings received by the board from ((the American Indian endowed scholarship trust fund and)) the American Indian scholarship endowment fund as ((administered)) managed by the state ((treasurer)) investment board. Consideration for funding shall be given to those students eligible to renew their scholarship award.

[Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-050, filed 1/27/92, effective 2/27/92.]

     (a) Publicize the program;

     (b) Adopt necessary program guidelines;

     (c) Accept and deposit donations into the endowment fund;

     (d) Request from the state investment board, and accept from the state treasurer, moneys earned by ((the trust fund and)) the endowment fund for the disbursement of American Indian endowed scholarship awards;

     (e) Solicit and accept grants and donations from public and private sources for the program;

     (f) Name scholarships in honor of those American Indians from Washington who have acted as role models; and

     (g) Select students to receive American Indian endowed scholarship awards, with the assistance of the selection committee created by WAC 250-76-040(2).

     (2) Responsibility for soliciting contributions. The American Indian community will have primary responsibility for solicitation of contributions. The higher education coordinating board will work in support of individual tribes and organizations who are soliciting contributions.

[Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-060, filed 1/27/92, effective 2/27/92.]

     (2))) American Indian scholarship endowment fund. The American Indian scholarship endowment fund shall be ((administered by)) in the custody of the state treasurer. The investment of the endowment fund shall be managed by the state investment board. Funds appropriated by the legislature for the American Indian endowed scholarship program shall be deposited into the endowment fund. Moneys received from the higher education coordinating board, private donations, ((state matching moneys,)) and funds received from any other source may be deposited into the endowment fund. ((All moneys deposited in the endowment fund shall be invested by the state treasurer.))

     (a) With the exception of conditional gifts, donated moneys may not be refunded, or otherwise returned, to the contributor after they have been deposited to the endowment fund.

     Conditional gift moneys may be refunded, or otherwise returned, according to the terms of the conditional gift if the condition attached to the gift has failed. Moneys returned in this manner shall not constitute an invasion of corpus.

     (b) A donation may not be accepted if such acceptance conditions the awarding of scholarships in a manner contrary to chapter 28B.108 RCW, or contrary to the guidance of the program's advisory committee.

     (((3))) (2) Scholarships shall be disbursed from the investment earnings of ((the trust fund and)) the endowment fund, with the exception of the portion of earnings reinvested in the fund according to the terms of a conditional gift. The principal of the ((trust and)) endowment fund((s)) shall not be invaded. No scholarships shall be awarded until sufficient earnings from the ((combined trust and)) endowment fund((s)) have accumulated.

     (((4))) (3) As sufficient earnings from the ((combined trust and)) endowment fund((s)) have accumulated, the higher education coordinating board may request that the state investment board, through the state treasurer, release earnings from the endowment fund to the board for scholarships.

     (((5))) (4) The higher education coordinating board may award scholarships to eligible students from the moneys earned by ((the American Indian endowed trust fund and)) the American Indian scholarship endowment fund ((as administered by the state treasurer)), or from funds appropriated to the board for this purpose, or from any private donations, or from any other funds given to the board for this program.

[Statutory Authority: Chapters 28B.80 and 28B.108 RCW. 93-19-025, § 250-76-070, filed 9/3/93, effective 10/4/93. Statutory Authority: Chapter 28.108 [28B.108] RCW. 92-04-018, § 250-76-070, filed 1/27/92, effective 2/27/92.]

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