Date of Adoption: March 31, 2000.

Purpose: Incorporate changes to the Washington scholars program as required by the 1999 legislature through SHB 1661.

Citation of Existing Rules Affected by this Order: Amending WAC 250-66-020, 250-66-030, 250-66-040 and 250-66-050; and new section WAC 250-66-045.

Statutory Authority for Adoption: Chapter 28B.80 RCW.

Adopted under notice filed as WSR 00-01-180 on December 22, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 31, 2000

John Klacik

Associate Director

OTS-3688.2

AMENDATORY SECTION(Amending WSR 95-22-105, filed 11/1/95, effective 12/2/95)

WAC 250-66-020
Program definitions.

(1) "Public institution of higher education" or "state-supported institution of higher education" shall mean all Washington state-operated, public, four-year universities, The Evergreen State College, community colleges, and technical colleges.

(2) "Independent college or university" shall mean any private, nonprofit educational institution, the main campus of which is permanently situated in the state, open to residents of the state, providing programs of education beyond the high school level leading at least to the baccalaureate degree, and accredited by the northwest association of schools and colleges and other institutions as may be developed that are approved by the higher education coordinating board as meeting equivalent standards as those institutions accredited by the northwest association of schools and colleges.

(3) "State-funded research universities" shall mean the university of Washington and Washington state university.

(4) "Washington institution(s) of higher education" shall mean any of the state-supported, public four-year colleges and universities, public two-year community and technical colleges, and qualifying independent colleges and universities as defined in subsection (2) of this section.

(5) "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.

(((5))) (6) "Washington resident" shall mean any individual who satisfied the requirements of WAC 250-18-020 through 250-18-060 and any board-adopted rules and regulations pertaining to the determination of residency.

(((6))) (7) "Waiver of tuition and service and activities fees." Students who received their Washington state scholars awards prior to June 30, 1994, and who choose to attend a public institution of higher education((,)) as defined in subsection (1) of this section, and who meet all other eligibility requirements, shall be eligible for a full waiver of tuition and services and activities fees at any Washington public institution of higher education.

(((7) "Grant(s)." Students named as Washington state scholars who choose to attend an independent college or university, as defined in subsection (2) of this section and recipients of the award named after June 30, 1994, who choose to attend a public college or university within the state, and who meet all other eligibility requirements, shall be eligible to receive grants from the state of Washington, if funds are available for this purpose.      Grants to recipients attending a Washington independent institution shall also be contingent upon the institution matching, on at least a dollar-for-dollar basis, either with actual institutional monies or a waiver of tuition and fees, the amount the student receives from the state.

If the independent institution chooses to match the grant with actual cash rather than by waiver of tuition/fees, the institutional match shall consist of dollars derived from institutional grant aid funds.

(a) Grant amounts.

(i) Maximum grant award value.      Grants to individual recipients shall not exceed, on an annual basis, the yearly, full-time, resident, undergraduate tuition and service and activities fees in effect at the state-funded research universities.

(ii) Calculation of individual award amounts.      The value of individual grants shall be calculated annually, as a prorated amount of the annual appropriation and based upon the number of eligible scholars attending participating institutions, the tuition costs at those institutions, and limited to the funds appropriated to the board for the program.      Individual recipients may receive state grants which do not exceed the cost of tuition and service and activities fees for which they are enrolled at the institution attended.      Should funds be insufficient to cover all recipients at the full cost of tuition, subject to the maximum grant award value, the value of all award payments in the given payment term shall be reduced proportionally by the same percent to avoid overexpenditure of the appropriated funds.

(b) Priorities in funding grants.      Grants shall be funded contingent upon appropriated funds available and subject to the following priorities:

(i) First priority in funding of grants shall be to Washington scholars attending eligible institutions during the regular academic year and who are identified to the board by the enrolling institution no later than the twentieth day of the fall term as having enrolled or who are planning to enroll in a subsequent term during the regular academic year.

(ii) Second priority in funding of grants shall be to Washington scholars identified to the board by the enrolling institution after the twentieth day of the fall term as having enrolled or who are planning to enroll in a subsequent term during the regular academic year.

(iii) Third priority in funding of grants shall be to Washington scholars enrolling in eligible institutions for the summer term.

(c) Washington scholars eligible for grants shall be responsible for payment of tuition and service and activity fees or make arrangement with the institution for payment of tuition and service and activity fees.      The state grants may be used to pay for any valid educational expense, including, but not limited to, tuition and service and activity fees, books and supplies, transportation, room and board, and miscellaneous/personal costs.))

(8) "Grant(s)" shall mean payments made to eligible Washington scholars and Washington scholars alternates from moneys appropriated to the board for this purpose.

(9) "Regular academic year" shall mean fall and spring semester at institutions operating on the semester system, or fall, winter, and spring quarter at institutions operating on the quarter system.

[Statutory Authority: Chapter 28B.80 RCW and 1995 1st sp.s. c 5.      95-22-105, § 250-66-020, filed 11/1/95, effective 12/2/95.      Statutory Authority: Chapter 28B.80 RCW.      93-19-014, § 250-66-020, filed 9/2/93, effective 10/3/93.      Statutory Authority: 1992 c 231 and chapter 28B.80 RCW.      92-16-038, § 250-66-020, filed 7/30/92, effective 8/30/92.      Statutory Authority: 1988 c 210.      88-14-088 (Order 5-88, Resolution No. 88-13), § 250-66-020, filed 7/5/88.]

(1) Number of students to be nominated.      Each principal of a public or private approved Washington high school is encouraged to nominate one percent of the senior class (twelfth grade) based on the October 1 enrollment count of the previous year.

(2) Selection committee.      Following the receipt of all nomination forms, the higher education coordinating board shall convene a selection committee which shall have members representing public and private secondary and postsecondary education institutions, state agencies, and private sector associations.      This selection committee shall review all nominations based upon selection criteria ((which)) that shall include, but not be limited to, academic excellence, leadership ability, and community contributions.

(3) Selection.      The Washington ((state)) scholars selection committee ((will then select the top three seniors residing in each legislative district who are graduating from high schools in the state to be designated as Washington state scholars)) shall designate three Washington scholars and one Washington scholars-alternate in each legislative district from among the population of graduating high school seniors nominated for the award.

Recipients shall be identified by a ranking of nominees within each legislative district in descending order according to the final, aggregate numeric scores assigned to each individual in the review process. The three individuals achieving the highest scores in each legislative district shall be named to the Washington scholars award, and the individual receiving the fourth highest score in each legislative district shall be named to the Washington scholars-alternate award.

(4) Notification.      After the final selections have been made, the higher education coordinating board shall notify the students so designated, their high school principals, the legislators of their respective districts, and the governor.

(5) Certificates and awards ceremony.

(a) The board, in conjunction with the governor's office, shall prepare appropriate certificates of recognition to be presented to the Washington state scholars recipients and Washington scholars-alternate recipients.

(b) An awards ceremony ((at an appropriate time and place)) on behalf of the three students named to the Washington state scholars award in each legislative district shall be planned annually, at an appropriate time and place, by the board in cooperation with the Washington association of secondary school principals.

(6) Receipt of award.      Washington state scholars and Washington scholars-alternates shall be deemed to have received their awards effective the date of notification.      This is in contrast to the receipt of award benefits which may accrue to Washington state scholars and Washington scholars-alternates recipients in the form of tuition and fee waivers and grants, and which shall be deemed to be received by the individual recipients on a term-by-term basis at the time the award benefit is used for undergraduate coursework.

[Statutory Authority: Chapter 28B.80 RCW and 1994 c 234.      94-14-007, § 250-66-030, filed 6/23/94, effective 7/24/94.      Statutory Authority: 1992 c 231 and chapter 28B.80 RCW.      92-16-038, § 250-66-030, filed 7/30/92, effective 8/30/92.      Statutory Authority: 1988 c 210.      88-14-088 (Order 5-88, Resolution No. 88-13), § 250-66-030, filed 7/5/88.]

(1) Eligibility criteria.      In order to be eligible to receive a waiver of tuition and service and activities fees at public institutions of higher education or the grant at public and independent colleges or universities, the ((student)) scholar must meet the following requirements((.      The student must)):

(a) Be a resident of the state of Washington.

(b) Have attended high school in the state of Washington.

(c) Be a designated and fully recognized recipient of the Washington state scholars award, or the Washington scholars-alternate award.

(d) Have entered a public institution of higher education or independent college or university in the state of Washington within ((three years of high school graduation)) the applicable time frame, as described herein:

(i) Washington state scholars named to the award prior to the year 2000 must enter a public institution of higher education or an independent college or university in the state of Washington within three years of high school graduation.

(ii) Washington scholars named to the award in or after the year 2000 must:

(A) Within the time frame and in the manner established by the board, acknowledge acceptance of the grant benefit and demonstrate the intent to enroll at a Washington public or independent college or university in the fall academic term immediately following high school graduation.

(B) Be enrolled at a Washington institution of higher education by the fall term immediately following high school graduation, and maintain continuous enrollment during the remainder of the regular academic year.

(iii) Washington scholar-alternates. Washington scholars-alternates initially receive a recognition certificate only. Alternates may receive the grant only if an originally named Washington state scholar in the same legislative district relinquishes, or is considered by the board to have forfeited, the grant award within one calendar year of initial award notification, and if funds are available for this purpose. The alternate also must meet all other eligibility criteria, as follows:

(A) Acknowledge acceptance of the grant benefit and demonstrate the intent to enroll at a Washington institution of higher education in the next available academic term, within the time frame and in the manner established by the board.

(B) Be enrolled, and maintain continuous enrollment, for the balance of the remaining regular academic year at a Washington institution of higher education.

(e) Be a student enrolled in undergraduate studies.

(f) Maintain a minimum cumulative grade point average of 3.30 on a 4.0 scale, or the equivalent, at a public institution of higher education or independent college or university.

(((g))) If the student's cumulative grade point average falls below 3.30 during the first three quarters or two semesters, that student may petition the higher education coordinating board which shall have the authority to establish a probationary period until such time as the student's grade point average meets required standards.      A student who has received probationary status from the higher education coordinating board shall remain eligible to receive a waiver or grant during such probationary period.

(((h))) (g) Not be pursuing courses that include any religious worship or exercise, or any degree in religious, seminarian, or theological academic studies.

(2) Waiver of enrollment requirements. Washington state scholars named to the award in or after the year 2000, and Washington scholars-alternates who have accepted the remaining value of an award benefit relinquished by the original Washington scholar recipient, may petition the board, which shall have the authority to waive the enrollment requirements based on the exceptional mitigating circumstances of the individual grant recipients.

Those Washington scholars and Washington scholars-alternates who do not meet eligibility criteria as defined in subsection (1)(a) through (g) of this section, and for whom the enrollment requirements are not waived by the board, shall be deemed to have withdrawn from college, and the grant award for that scholar shall be considered relinquished and forfeit.

(3) Duration of eligibility.      Subject to criteria set forth in subsection (1)(((a) through (h))) of this section, individual recipients of the Washington state scholars award shall be eligible for award benefits ((until)) not to exceed a cumulative ((total)) maximum of eight semesters or twelve quarters total of waiver and/or grant benefits ((have been received by the scholar under this program)) for undergraduate coursework.

(((3))) Subject to criteria set forth in subsections (1) and (2) of this section, Washington scholar-alternates may be eligible to receive the values remaining in a grant benefit relinquished by a Washington scholar originally named to the award, not to exceed a cumulative maximum of eight semesters or twelve quarters total of undergraduate coursework.

(4) Transferability.      Recipients of the Washington state scholars award and the Washington scholars-alternate award may transfer between public institutions of higher education and independent colleges and universities in the state of Washington provided that the cumulative terms of waivers of tuition and service and activities fees and/or grants received by any one recipient does not exceed eight semesters or twelve quarters.

[Statutory Authority: Chapter 28B.80 RCW and 1995 1st sp.s. c 5.      95-22-105, § 250-66-040, filed 11/1/95, effective 12/2/95.      Statutory Authority: 1992 c 231 and chapter 28B.80 RCW.      92-16-038, § 250-66-040, filed 7/30/92, effective 8/30/92.      Statutory Authority: 1988 c 210.      88-14-088 (Order 5-88, Resolution No. 88-13), § 250-66-040, filed 7/5/88.]

(1) Grant amounts.

(a) Maximum grant award value. State grants to individual recipients shall not exceed, on an annual basis, the yearly, full-time, resident, undergraduate tuition and service and activities fees in effect at the state-funded research universities.

(b) Calculation of individual award amounts.

(i) The value of individual grants shall be calculated annually, as a prorated amount of the annual appropriation and based upon the number of eligible scholars attending participating institutions, the tuition costs at those institutions, and limited to the funds appropriated to the board for the program.

(ii) Individual recipients may receive state grants that do not exceed the cost of tuition and service and activities fees for which they are enrolled at the institution attended. Should funds be insufficient to cover all recipients at the full cost of tuition, subject to the maximum grant award value, the value of all award payments in the given payment term shall be reduced proportionally by the same percent to avoid overexpenditure of the appropriated funds.

(iii) Grants to recipients attending a Washington independent institution shall also be contingent upon the institution matching, on at least a dollar-for-dollar basis, either with actual institutional moneys or a waiver of tuition and fees, the grant amount the student receives from the state.

If the independent institution chooses to match the grant with actual cash rather than by waiver of tuition/fees, the institutional match shall consist of dollars derived from institutional grant aid funds.

(2) Priorities in funding grants. Grants shall be funded contingent upon appropriated funds available and subject to the following priorities:

(a) First priority in funding of grants shall be to Washington scholars attending eligible institutions during the regular academic year and who are identified to the board by the enrolling institution no later than the twentieth day of the fall term as having enrolled or who are planning to enroll in a subsequent term during the regular academic year.

(b) Second priority in funding of grants shall be to Washington scholars identified to the board by the enrolling institution after the twentieth day of the fall term as having enrolled or who are planning to enroll in a subsequent term during the regular academic year.

(c) Third priority in funding of grants shall be to Washington scholars enrolling in eligible institutions for the summer term.

(3) Washington scholars eligible for grants shall be responsible for payment of tuition and service and activity fees or make arrangement with the institution for payment of tuition and service and activity fees. The state grants may be used to pay for any valid educational expense, including, but not limited to, tuition and service and activity fees, books and supplies, transportation, room and board, and miscellaneous/personal costs.

[]

(1) Administering agency.      The higher education coordinating board, with cooperation from the Washington association of secondary school principals, shall administer the Washington state scholars program.      The staff of the higher education coordinating board, under the direction of the executive director, will manage the administrative functions relative to the program.      The board shall have the following administrative responsibilities, encompassed within the board's enumerated powers and duties:

(a) Select students to receive the Washington state scholars award and the Washington scholars-alternate award, with the assistance of the selection committee created by WAC 250-66-030(((3) of this act)) (2).

(b) Enter into agreements with participating independent institutions.

(c) Adopt all necessary rules and guidelines.

(d) Send program information and nomination materials to the principal of each Washington public and private school that has a twelfth grade.

(e) Publish a directory of all Washington state scholars and the Washington scholars-alternates selected and distribute it to all public institutions of higher education and independent colleges and universities, legislators, and participating high schools.

(f) Maintain records on all Washington state scholar award and the Washington scholars-alternate recipients.

(g) Publicize the program.

(h) Solicit and accept grants and donations from public and private sources for the program.

(i) Authorize probationary periods for Washington state scholar and the Washington scholars-alternate recipients whose cumulative grade point average falls below the minimum grade point average under WAC 250-66-040 (1)(f).

(j) Make grant payments to eligible recipients for undergraduate study.

(k) Authorize waivers of enrollment requirements for Washington scholars and Washington scholars-alternates as set forth under WAC 250-66-030.

[Statutory Authority: Chapter 28B.80 RCW and 1995 1st sp.s. c 5.      95-22-105, § 250-66-050, filed 11/1/95, effective 12/2/95.      Statutory Authority: 1988 c 210.      88-14-088 (Order 5-88, Resolution No. 88-13), § 250-66-050, filed 7/5/88.]

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