ESHB 1179 -
By Committee on Ways & Means
ADOPTED 04/19/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 28B.92.080 and 2004 c 275 s 39 are each amended to
read as follows:
For a student to be eligible for a state need grant a student must:
(1) Be a "needy student" or "disadvantaged student" as determined
by the board in accordance with RCW 28B.92.030 (3) and (4).
(2) Have been domiciled within the state of Washington for at least
one year.
(3) Be enrolled or accepted for enrollment on at least a half-time
basis at an institution of higher education in Washington as defined in
RCW 28B.92.030(1).
(4) Until June 30, 2011, to the extent funds are specifically
appropriated for this purpose, and subject to any terms and conditions
specified in the omnibus appropriations act, be enrolled or accepted
for enrollment for at least three quarter credits or the equivalent
semester credits at an institution of higher education in Washington as
defined in RCW 28B.92.030(1).
(5) Have complied with all the rules and regulations adopted by the
board for the administration of this chapter.
Sec. 2 RCW 28B.92.060 and 2005 c 93 s 3 are each amended to read
as follows:
In awarding need grants, the board shall proceed substantially as
follows: PROVIDED, That nothing contained herein shall be construed to
prevent the board, in the exercise of its sound discretion, from
following another procedure when the best interest of the program so
dictates:
(1) The board shall annually select the financial aid award
recipients from among Washington residents applying for student
financial aid who have been ranked according to:
(a) Financial need as determined by the amount of the family
contribution; and
(b) Other considerations, such as whether the student is a former
foster youth.
(2) The financial need of the highest ranked students shall be met
by grants depending upon the evaluation of financial need until the
total allocation has been disbursed. Funds from grants which are
declined, forfeited or otherwise unused shall be reawarded until
disbursed, except that eligible former foster youth shall be assured
receipt of a grant.
(3) A student shall be eligible to receive a state need grant for
up to five years, or the credit or clock hour equivalent of five years,
or up to one hundred twenty-five percent of the published length of
time of the student's program. A student may not start a new associate
degree program as a state need grant recipient until at least five
years have elapsed since earning an associate degree as a need grant
recipient, except that a student may earn two associate degrees
concurrently. Qualifications for renewal will include maintaining
satisfactory academic progress toward completion of an eligible program
as determined by the board. Should the recipient terminate his or her
enrollment for any reason during the academic year, the unused portion
of the grant shall be returned to the state educational grant fund by
the institution according to the institution's own policy for issuing
refunds, except as provided in RCW 28B.92.070.
(4) In computing financial need, the board shall determine a
maximum student expense budget allowance, not to exceed an amount equal
to the total maximum student expense budget at the public institutions
plus the current average state appropriation per student for operating
expense in the public institutions. Any child support payments
received by students who are parents attending less than half-time
shall not be used in computing financial need.
(5)(a) A student who is enrolled in three to six credit-bearing
quarter credits, or the equivalent semester credits, may receive a
grant for up to one academic year before beginning a program that leads
to a degree or certificate.
(b) An eligible student enrolled on a less-than-full-time basis
shall receive a prorated portion of his or her state need grant for any
academic period in which he or she is enrolled on a less-than-full-time
basis, as long as funds are available.
(c) An institution of higher education may award a state need grant
to an eligible student enrolled in three to six credit-bearing quarter
credits, or the semester equivalent, on a provisional basis if:
(i) The student has not previously received a state need grant from
that institution;
(ii) The student completes the required free application for
federal student aid;
(iii) The institution has reviewed the student's financial
condition, and the financial condition of the student's family if the
student is a dependent student, and has determined that the student is
likely eligible for a state need grant; and
(iv) The student has signed a document attesting to the fact that
the financial information provided on the free application for federal
student aid and any additional financial information provided directly
to the institution is accurate and complete, and that the student
agrees to repay the institution for the grant amount if the student
submitted false or incomplete information.
(6) As used in this section, "former foster youth" means a person
who is at least eighteen years of age, but not more than twenty-four
years of age, who was a dependent of the department of social and
health services at the time he or she attained the age of eighteen.
NEW SECTION. Sec. 3 A new section is added to chapter 28B.92 RCW
to read as follows:
Institutions of higher education are encouraged to review their
policies and procedures regarding financial aid for students taking a
less-than-half-time course load, and to implement policies and
procedures providing students taking a less-than-half-time course load
with the same access to institutional aid, including tuition waivers,
as provided to students enrolled half time or more.
Sec. 4 RCW 28B.15.820 and 2004 c 275 s 66 are each amended to
read as follows:
(1) Each institution of higher education, including technical
colleges, shall deposit a minimum of three and one-half percent of
revenues collected from tuition and services and activities fees in an
institutional financial aid fund that is hereby created and which shall
be held locally. Moneys in the fund shall be used only for the
following purposes: (a) To make guaranteed long-term loans to eligible
students as provided in subsections (3) through (8) of this section;
(b) to make short-term loans as provided in subsection (9) of this
section; or (c) to provide financial aid to needy students as provided
in subsection (10) of this section.
(2) An "eligible student" for the purposes of subsections (3)
through (8) and (10) of this section is a student registered for at
least ((six)) three credit hours or the equivalent, who is eligible for
resident tuition and fee rates as defined in RCW 28B.15.012 and
28B.15.013, and who is a "needy student" as defined in RCW 28B.92.030.
(3) The amount of the guaranteed long-term loans made under this
section shall not exceed the demonstrated financial need of the
student. Each institution shall establish loan terms and conditions
which shall be consistent with the terms of the guaranteed loan program
established by 20 U.S. Code Section 1071 et seq., as now or hereafter
amended. All loans made shall be guaranteed by the Washington student
loan guaranty association or its successor agency. Institutions are
hereby granted full authority to operate as an eligible lender under
the guaranteed loan program.
(4) Before approving a guaranteed long-term loan, each institution
shall analyze the ability of the student to repay the loan based on
factors which include, but are not limited to, the student's
accumulated total education loan burdens and the employment
opportunities and average starting salary characteristics of the
student's chosen fields of study. The institution shall counsel the
student on the advisability of acquiring additional debt, and on the
availability of other forms of financial aid.
(5) Each institution is responsible for collection of guaranteed
long-term loans made under this section and shall exercise due
diligence in such collection, maintaining all necessary records to
insure that maximum repayments are made. Institutions shall cooperate
with other lenders and the Washington student loan guaranty
association, or its successor agency, in the coordinated collection of
guaranteed loans, and shall assure that the guarantability of the loans
is not violated. Collection and servicing of guaranteed long-term
loans under this section shall be performed by entities approved for
such servicing by the Washington student loan guaranty association or
its successor agency: PROVIDED, That institutions be permitted to
perform such servicing if specifically recognized to do so by the
Washington student loan guaranty association or its successor agency.
Collection and servicing of guaranteed long-term loans made by
community colleges under subsection (1) of this section shall be
coordinated by the state board for community and technical colleges and
shall be conducted under procedures adopted by the state board.
(6) Receipts from payment of interest or principal or any other
subsidies to which institutions as lenders are entitled, that are paid
by or on behalf of borrowers of funds under subsections (3) through (8)
of this section, shall be deposited in each institution's financial aid
fund and shall be used to cover the costs of making the guaranteed
long-term loans under this section and maintaining necessary records
and making collections under subsection (5) of this section: PROVIDED,
That such costs shall not exceed five percent of aggregate outstanding
loan principal. Institutions shall maintain accurate records of such
costs, and all receipts beyond those necessary to pay such costs, shall
be deposited in the institution's financial aid fund.
(7) The governing boards of the state universities, the regional
universities, and The Evergreen State College, and the state board for
community and technical colleges, on behalf of the community colleges
and technical colleges, shall each adopt necessary rules and
regulations to implement this section.
(8) First priority for any guaranteed long-term loans made under
this section shall be directed toward students who would not normally
have access to educational loans from private financial institutions in
Washington state, and maximum use shall be made of secondary markets in
the support of loan consolidation.
(9) Short-term loans, not to exceed one year, may be made from the
institutional financial aid fund to students enrolled in the
institution. No such loan shall be made to any student who is known by
the institution to be in default or delinquent in the payment of any
outstanding student loan. A short-term loan may be made only if the
institution has ample evidence that the student has the capability of
repaying the loan within the time frame specified by the institution
for repayment.
(10) Any moneys deposited in the institutional financial aid fund
that are not used in making long-term or short-term loans may be used
by the institution for locally-administered financial aid programs for
needy students, such as need-based institutional employment programs or
need-based tuition and fee scholarship or grant programs. These funds
shall be used in addition to and not to replace institutional funds
that would otherwise support these locally-administered financial aid
programs. First priority in the use of these funds shall be given to
needy students who have accumulated excessive educational loan burdens.
An excessive educational loan burden is a burden that will be difficult
to repay given employment opportunities and average starting salaries
in the student's chosen fields of study. Second priority in the use of
these funds shall be given to needy single parents, to assist these
students with their educational expenses, including expenses associated
with child care and transportation.
NEW SECTION. Sec. 5 If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2007, in the omnibus appropriations act, this act is null and
void."
ESHB 1179 -
By Committee on Ways & Means
ADOPTED 04/19/2007
On page 1, line 3 of the title, after "grant;" strike the remainder of the title and insert "amending RCW 28B.92.080, 28B.92.060, and 28B.15.820; adding a new section to chapter 28B.92 RCW; and creating a new section."