WSR 10-11-111

PROPOSED RULES

HIGHER EDUCATION

COORDINATING BOARD

[ Filed May 18, 2010, 1:54 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-17-090.

     Title of Rule and Other Identifying Information: Chapter 250-85 WAC, Washington award for vocational excellence (WAVE) program.

     Hearing Location(s): Higher Education Coordinating Board, 2nd Floor Conference Room, 919 Lakeridge Way, Olympia, WA 98502 (stop to sign in at front desk of 917 Lakeridge Way building), on Tuesday, June 22, 2010, at 8:30 a.m.

     Date of Intended Adoption: July 15, 2010.

     Submit Written Comments to: Ann M. Voyles (through June 17, 2010); Julie Japhet (after June 17, 2010), Higher Education Coordinating Board, P.O. Box 43430, Olympia, WA 98504-3430, e-mail annv@hecb.wa.gov or juliej@hecb.wa.gov, fax (360) 704-6243 (through June 17, 2010) or (360) 704-6240 (after June 17, 2010) by 12:00 noon, Monday, June 21, 2010.

     Assistance for Persons with Disabilities: Contact Kristin Ritter by 5:00 p.m., Friday, June 18, 2010, (360) 753-7850.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose is to establish procedures for the disbursement of the WAVE scholarship as direct grants to students. These rules formally codify in WAC the current procedures used in the WAVE program.

     Reasons Supporting Proposal: RCW 28B.76.670.

     Statutory Authority for Adoption: RCW 28B.76.670.

     Statute Being Implemented: RCW 28B.76.670.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Recommend approval of language as written.

     Name of Proponent: Higher education coordinating board, governmental.

     Name of Agency Personnel Responsible for Drafting: Ann M. Voyles, 917 Lakeridge Way, Olympia, WA 98504-3430, (360) 753-7843; Implementation: John Klacik, 917 Lakeridge Way, Olympia, WA 98504-3430, (360) 753-7851; and Enforcement: Don Bennett, 917 Lakeridge Way, Olympia, WA 98504-3430, (360) 753-7831.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No economic impact.

     A cost-benefit analysis is not required under RCW 34.05.328. Not required.

May 18, 2010

Julie Japhet

Assistant Director of

Student Financial Assistance

OTS-3210.5

Chapter 250-85 WAC

WASHINGTON AWARD FOR VOCATIONAL EXCELLENCE (WAVE) PROGRAM


NEW SECTION
WAC 250-85-010   What is the Washington award for vocational excellence (WAVE) program?   The Washington award for vocational excellence program, also known as WAVE, recognizes the outstanding achievements of vocational or technical students graduating from high school, or attending a community college or technical college, while in the state of Washington.

     To the extent that funds are appropriated by the legislature, the WAVE program provides a scholarship to help pay the costs of undergraduate level coursework at participating in-state public or private colleges and universities, or at in-state private career colleges and schools licensed by the workforce training and education coordinating board.

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NEW SECTION
WAC 250-85-020   What is the application process for the WAVE scholarship?   Contact the workforce training and education coordinating board or the on-campus WAVE coordinator at your high school, skills center, or public community or technical college for application information.

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NEW SECTION
WAC 250-85-030   What eligibility requirements must a recipient meet to use the WAVE scholarship?   In addition to the usage and time limitations stated in WAC 250-85-050, a WAVE recipient must:

     (1) Be a Washington resident as defined in chapter 250-18 WAC.

     (2) Be a student enrolled in undergraduate level coursework.

     (3) Attend a participating college, university, or private career college or school located within the state, as defined in RCW 28B.76.670 and WAC 250-85-100.

     (4) Not pursue a degree in theology.

     (5) Receive a minimum grade point average (GPA) of 3.0, or the equivalent, for the last academic term of attendance at a participating institution to receive the scholarship for the next academic term of attendance.

     (a) If the grade point average is below 3.0 for the last academic term of attendance, the WAVE recipient must perform at least one academic term of study without the scholarship at a participating institution and receive at least a 3.0 grade point average for that academic term before again qualifying to receive the scholarship.

     (b) The grade point requirement applies only to enrollment at participating institutions, as defined in WAC 250-85-100. GPAs earned for coursework taken through out-of-state institutions or ineligible in-state institutions are not used to determine a recipient's ongoing eligibility for the WAVE scholarship.

     (c) The minimum grade point average requirement applies after the recipient's first use of the scholarship.

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NEW SECTION
WAC 250-85-040   What other conditions apply to the use of the WAVE scholarship?   The WAVE recipient:

     (1) May use the scholarship for nonconsecutive academic terms of study.

     (2) May attend school full time or less than full time and receive the scholarship.

     (3) Uses one term of WAVE eligibility for each academic term the scholarship is received, without regard to enrollment status (i.e., full time or less than full time) or the dollar value of the scholarship paid for the academic term. Exceptions may apply.

     (4) May transfer from one participating in-state school to another and continue to receive the scholarship as long as all other eligibility requirements are met.

     (5) May use and receive the scholarship for study at only one institution at a time in any given academic term. An exception may be authorized by the higher education coordinating board; however, scholarship value and usage restrictions may apply.

     (6) May receive the scholarship at a participating institution for study abroad in some circumstances. For this exception to apply, the recipient must be enrolled at (i.e., have concurrent or dual enrollment), and pay the tuition and fees for the term abroad through, the in-state participating institution (also known as the "school of record"). The grade point average, or grade point equivalent, for the academic term(s) of study abroad must transfer to the in-state school of record so that the recipient's ongoing eligibility for the WAVE scholarship may be determined.

     (7) May receive the scholarship at a participating institution for undergraduate level coursework while attending an out-of-state campus location of the same school in some circumstances. For this exception to apply, the recipient must be enrolled at (i.e., have concurrent or dual enrollment), and pay the tuition and fees through, the in-state participating institution (also known as the "parent institution"). The grade point average, or grade point equivalent, must transfer to the parent institution in-state so that the recipient's ongoing eligibility for the WAVE scholarship may be determined.

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NEW SECTION
WAC 250-85-050   What are the term usage and time limits for the WAVE scholarship?   (1) Individuals awarded the WAVE scholarship may receive up to six academic quarters, or four semesters, or the equivalent combination of academic quarters and semesters, of scholarship for undergraduate level coursework.

     (2) Recipients have three years to begin using the WAVE scholarship and six years to complete using the scholarship. This means that a WAVE recipient must:

     (a) Begin using the scholarship no later than the fall term three years after designation as a WAVE recipient. Failure to do so results in forfeiture of all eligibility to use the scholarship. For example, a student named as a WAVE recipient in spring 2008 must receive the scholarship for at least one academic term no later than the end of fall term 2011.

     (b) Complete using the scholarship no later than the fall term six years after designation as a WAVE recipient. Any unused portion of the scholarship is forfeited at the end of the sixth year. For example, a student named as a WAVE recipient in spring 2008 must complete use of the full scholarship no later than the end of fall term 2014. Any unused eligibility is forfeited by the recipient at the end of fall 2014.

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NEW SECTION
WAC 250-85-060   What is the monetary value of the WAVE scholarship?   (1) The scholarship value is indexed to undergraduate, resident tuition, and service and activity fees at the state's public colleges and universities, not to exceed the cost at the public research universities. The scholarship value does not include the cost of technology fees or other miscellaneous fees.

     (2) The scholarship will not exceed the value of public tuition and service and activity fees for full-time enrollment at the fifteen credit level for an academic term.

     (3) The scholarship is reduced for less than full-time enrollment or withdrawal from all classes. See WAC 250-85-070, What is the result of dropping a class after receiving the WAVE scholarship funds?

     (4) The scholarship for WAVE recipients enrolled at participating independent institutions, or licensed private career colleges or schools, will not exceed the maximum scholarship values for recipients enrolled full time at the public research universities.

     (5) The scholarship value may be adjusted and is payable to the extent that funding is appropriated for the WAVE program. Scholarship values may be reduced in a fiscal year to remain within available dollars as funding dictates or as required by the legislature. Participating institutions are notified if adjustments are necessary during the course of an academic or fiscal year.

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NEW SECTION
WAC 250-85-070   What is the result of dropping a class after receiving the WAVE scholarship funds?   The scholarship value may be reduced if the tuition charge is decreased for an academic term in which a WAVE recipient drops one or more classes.

     (1) If a WAVE recipient drops a class or withdraws within the institution's tuition refund period, the student must reimburse the difference between the original scholarship value already paid and the decreased scholarship value. The institution shall return any overpaid amount to the higher education coordinating board.

     (2) If the recipient drops or withdraws from class after the institution's tuition refund period has expired, the recipient may, but is not required to, reimburse the WAVE scholarship already paid for an academic term. The options regarding repayment of the WAVE scholarship include:

     (a) Performing one academic term at a participating institution without the scholarship and receiving a qualifying GPA for the term in order to regain eligibility to use the WAVE scholarship.

     (b) Repaying in full the scholarship amount received to restore eligibility for the term of usage. The institution shall return any reimbursed amount to the higher education coordinating board.

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NEW SECTION
WAC 250-85-080   What educational costs may be paid with the WAVE scholarship?   Individuals must decide which educational expenses to pay with the WAVE funds for the academic term. The WAVE scholarship will not cover all educational costs. Examples of expenses in the student budget for which the scholarship may be used are: Tuition, room and board, books and supplies, transportation, or other miscellaneous personal expenses.

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NEW SECTION
WAC 250-85-090   What are the payment priorities for the WAVE scholarship?   Because the scholarships are paid from limited funds appropriated to the program, payments are subject to the following priorities:

     (1) First priority is to recipients attending during the regular academic year who are identified to the higher education coordinating board by the college or university on or before the twentieth day of the fall term as enrolled, or planning to enroll later, during the same academic year. The phrase "regular academic year" means the time frame which includes the fall, winter, and spring academic terms.

     (2) Second priority is to recipients identified to the higher education coordinating board by the college or university after the twentieth day of the fall term as enrolled, or planning to enroll later, during the same regular academic year.

     (3) Third priority is for recipients enrolled for the summer term, if funds are available. Due to limited funds availability, WAVE scholarships for summer term study may be prorated and are paid on a first-come, first-served basis.

     (4) In the event that funds appropriated to the program are fully expended, or reduced in a fiscal year or biennial budget, or if payment of the scholarships at full value is expected to exceed available dollars, the scholarships will be proportionally reduced or eliminated to remain within available funds.

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NEW SECTION
WAC 250-85-100   Where may a recipient use the WAVE scholarship?   The scholarship may be used only for undergraduate level coursework at approved postsecondary institutions in the state of Washington that meet one of the definitions described later in this section. The postsecondary institution must have current, valid, signed, and approved institutional participation and electronic access agreements in effect with the higher education coordinating board for a recipient to receive the WAVE scholarship while attending the school. A school that meets both requirements is a "participating institution."

     A participating institution must meet one of the following definitions:

     (1) The Washington public institutions of higher education, including the state research universities, the state regional universities, The Evergreen State College, the state community colleges, and the state technical colleges.

     (2) A private, nonprofit educational institution that:

     (a) Has a main campus which is permanently situated in this state.

     (b) Provides programs of education beyond the high school level leading at least to the baccalaureate degree.

     (c) Is accredited by the northwest association of schools and colleges, or another accrediting body approved by the higher education coordinating board as meeting equivalent standards as those institutions accredited by the northwest association.

     (3) A private career college or school that has a physical campus located in the state, licensed to operate within the state of Washington by the workforce training and education coordinating board, and offering postsecondary education to prepare persons for a vocation or profession.

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NEW SECTION
WAC 250-85-110   What are the responsibilities of a WAVE scholarship recipient?   A recipient of the WAVE scholarship is responsible:

     (1) To notify the institution's scholarship coordinator of the intent to use the WAVE scholarship for each academic term as well as any enrollment status changes, such as dropping or adding a class, a leave of absence, withdrawing entirely, or planning to transfer to another school.

     (2) To pay the tuition and services and activities fees to the college or university, or to make arrangements with the institution for payment of those costs.

     (3) To reimburse all or part of the scholarship if dropping or withdrawing from class in an academic term after receiving payment as described in WAC 250-85-070, What is the result of dropping a class after receiving the WAVE scholarship funds?

     (4) To notify the higher education coordinating board and the workforce training and education coordinating board of name and other contact information changes.

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NEW SECTION
WAC 250-85-120   What are the responsibilities of the workforce training and education coordinating board?   The workforce training and education coordinating board:

     (1) Has primary responsibility for program policy for the WAVE program.

     (2) Administers the application and recipient selection processes for the WAVE program.

     (3) Provides the higher education coordinating board with all pertinent information for the purpose of paying the WAVE scholarship to recipients selected after June 30, 1994.

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NEW SECTION
WAC 250-85-130   What are the responsibilities of the higher education coordinating board?   The higher education coordinating board:

     (1) Serves as fiscal agent for payment of the WAVE scholarship for undergraduate coursework to recipients selected after June 30, 1994.

     (2) Is responsible for policy related to scholarship payment and fiscal issues, in consultation with the workforce training and education coordinating board.

     (3) Enters into the necessary agreements with eligible participating institutions for payment of the scholarship.

     (4) Adopts all necessary rules and guidelines for payment of WAVE scholarships.

     (5) Maintains payment records on all WAVE recipients.

     (6) Monitors ongoing student eligibility to receive and maintain the scholarship.

     (7) Provides the workforce training and education coordinating board with relevant recipient usage information.

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