Title of Rule and Other Identifying Information: WAC 478-160-163 Waivers of tuition and fees.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: During the 2010 legislative session, EHB 2519 (chapter 261, Laws of 2010) was passed mandating the University of Washington waive tuition for children and surviving spouses of law enforcement officers (as defined in chapter 41.26 RCW), firefighters (as defined in chapters 41.24 or 41.26 RCW), or Washington state patrol officers who lost their lives or became totally disabled in the line of duty while employed by any public law enforcement agency or full-time volunteer fire department in Washington state.

     This changed the tuition waiver from a permissive waiver, authorized but not required by the state, to be affirmatively implemented by the University of Washington board of regents, to one that is mandatory and authorized by the state of Washington.

     Reasons Supporting Proposal: The content of the proposed rule is explicitly and specifically dictated by statute.

     Statutory Authority for Adoption: Chapter 261, Laws of 2010; chapter 28B.15 RCW; and RCW 28B.20.130.

     Statute Being Implemented: Chapter 261, Laws of 2010.

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

     Name of Proponent: University of Washington, governmental.

     Name of Agency Personnel Responsible for Drafting: Gary Quarfoth, Associate Vice-Provost, Planning and Budgeting, UW Tower T-12, Box 359445, Seattle, WA 98195-9445, (206) 616-2425; Implementation: Kay Lewis, Assistant Vice-President for Student Life, 178 Schmitz Hall, Box 355880, Seattle, WA 98105, (206) 543-6107; and Enforcement: Eric Godfrey, Vice-President, and Vice-Provost for Student Life, 101 Gerberding Hall, Box 351266, Seattle, WA 98195-1266, (206) 543-0128.

August 17, 2010

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-3562.1

AMENDATORY SECTION(Amending WSR 08-03-115, filed 1/22/08, effective 2/22/08)

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. A number of these statutes authorize, but 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))) (8) of this section. All permissive waivers are subject to subsection (((7))) (8) 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))) (8) 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, 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 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 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.

     (c) ((Waivers authorized by RCW 28B.15.380 for children of police officers or firefighters 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.

     (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) 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) Waivers mandated by RCW 28B.15.380, as amended by section 4, chapter 261, Laws of 2010, for children and surviving spouses of any law enforcement officer (as defined in chapter 41.26 RCW), firefighter (as defined in chapter 41.24 or 41.26 RCW), or Washington state patrol officer, who lost his or her life or became totally disabled in the line of duty while employed by any public law enforcement agency or full-time volunteer fire department in this state, shall be awarded in accordance with, and subject to the limitations set forth in, state law.

     (8) 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.15.558, 28B.15.621, and 28B.20.130. 08-03-115, § 478-160-163, filed 1/22/08, effective 2/22/08. 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.]

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