Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-20-006.

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

     Hearing Location(s): Room 309, Husky Union Building (HUB), University of Washington, Seattle, Washington 98195, on March 13, 2006, at 12:00 noon.

     Date of Intended Adoption: May 18, 2006.

     Submit Written Comments to: Rebecca Goodwin Deardorff, Director of Rules Coordination, UW Rules Coordination Office, Box 355509, Seattle, WA 98195-5509, e-mail rules@u.washington.edu, fax (206) 221-6917, by March 13, 2006.

     Assistance for Persons with Disabilities: Contact Disability Services Office by February 27, 2006, TTY (206) 543-6452 or (206) 543-6450.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the eligibility and limitations for specific University of Washington tuition waivers in order to reflect new definitions established by SHB 1174 (RCW 28B.15.621), effective July 24, 2005. SHB 1174 repealed existing waivers for South East Asia veterans, Persian Gulf veterans, and children of POW/MIAs that had been authorized by RCW 28B.10.265, 28B.15.620, and 28B.15.628, and instead authorized a new permissive waiver for veterans who are Washington domiciles and who were called to active federal duty and who served in a conflict or war on foreign soil/international waters, or in support of such a conflict, and for his/her children or spouse if the veteran became totally disabled or lost his/her life while engaged in active federal military or naval service, or if the veteran was determined to be a POW/MIA. SHB 1174 also removed eligibility for members of the Washington National Guard and veterans of the Korean conflict to use the state employee tuition exemption, although those with qualifying service can apply for the amended veteran's waiver.

     Statutory Authority for Adoption: Chapter 28B.15 RCW and RCW 28B.20.130.

     Statute Being Implemented: RCW 28B.15.621 and 28B.20.130.

     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 and Enforcement: Eric Godfrey, Acting Vice-President for Student Affairs, 476 Schmitz Hall, University of Washington, Seattle, (206) 543-0128; and Implementation: Harlan Patterson, Vice-Provost for Planning and Budgeting, 185 Gerberding Hall, University of Washington, Seattle, (206) 543-6412.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC 478-160-163 Waivers of tuition and fees, does not impose a disproportionate impact on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. WAC 478-160-163 is not considered a significant legislative rule by the University of Washington.

January 25, 2006

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-8300.1

AMENDATORY SECTION(Amending WSR 02-06-021, filed 2/25/02, effective 3/28/02)

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. Each of these laws, with the exception of RCW 28B.15.543 and 28B.15.545, authorizes, but does not require, the board of regents to grant waivers for different categories of students and provides for waivers of different fees. 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 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 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 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 (((6))) (7) of this section. All waivers are subject to subsection (((6))) (7) 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 (((6))) (7) 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.10.265 for children of Washington domiciles who are prisoners of war or missing in action in Southeast Asia or Korea)) 28B.15.621 (2)(a) for eligible veterans and National Guard members, 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.

     (b) Waivers authorized by RCW 28B.15.621 (2)(b) and (c) for children or 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 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.

     (c) 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))) (d) Waivers authorized by RCW 28B.15.380 for children of ((deceased or permanently disabled)) police officers or fire fighters 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))) (e) 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) Members of the Washington National Guard.

     (e) Waivers authorized by RCW 28B.15.620 shall be awarded only to Vietnam veterans pursuing their first bachelor's degree to a maximum of 225 college-level credits, including credits transferred from other institutions of higher education.

     (f) Waivers authorized by RCW 28B.15.628 shall be awarded only to veterans of the Persian Gulf combat zone pursuing a first bachelor's degree to a maximum of 225 college-level credits, including credits transferred from other institutions of higher education)).

     (6) 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 related to specific United States military operations or campaigns fought on foreign soil or in international waters.

     (7) 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.20.130 and chapter 28B.15 RCW. 02-06-021, § 478-160-163, filed 2/25/02, effective 3/28/02.]