AN
ACT Relating to classifying members of the Washington national guard as
resident students; amending RCW 28B.15.012; reenacting and amending RCW
28B.15.012 and 28B.101.040; providing an effective date; and providing an
expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
28B.15.012 and 2000 c 160 s 1 and 2000 c 117 s 1 are each reenacted and amended
to read as follows:
Whenever
used in chapter 28B.15 RCW:
(1)
The term "institution" shall mean a public university, college, or
community college within the state of Washington.
(2)
The term "resident student" shall mean:
(a)
A financially independent student who has had a domicile in the state of
Washington for the period of one year immediately prior to the time of
commencement of the first day of the semester or quarter for which the student
has registered at any institution and has in fact established a bona fide domicile
in this state primarily for purposes other than educational;
(b)
A dependent student, if one or both of the student's parents or legal guardians
have maintained a bona fide domicile in the state of Washington for at least
one year immediately prior to commencement of the semester or quarter for which
the student has registered at any institution;
(c)
A student classified as a resident based upon domicile by an institution on or
before May 31, 1982, who was enrolled at a state institution during any term of
the 1982-1983 academic year, so long as such student's enrollment (excepting
summer sessions) at an institution in this state is continuous;
(d)
Any student who has spent at least seventy-five percent of both his or her
junior and senior years in high schools in this state, whose parents or legal
guardians have been domiciled in the state for a period of at least one year
within the five-year period before the student graduates from high school, and
who enrolls in a public institution of higher education within six months of
leaving high school, for as long as the student remains continuously enrolled
for three quarters or two semesters in any calendar year;
(e)
A student who is on active military duty stationed in the state or who is a
member of the Washington national guard;
(f)
A student who is the spouse or a dependent of a person who is on active
military duty stationed in the state;
(g)
A student who resides in the state of Washington and is the spouse or a
dependent of a person who is a member of the Washington national guard;
(h)
A student of an out-of-state institution of higher education who is attending a
Washington state institution of higher education pursuant to a home tuition
agreement as described in RCW 28B.15.725; or
(((h)))
(i) A student who meets the requirements of RCW 28B.15.0131 or
28B.15.0139: PROVIDED, That a nonresident student enrolled for more than six
hours per semester or quarter shall be considered as attending for primarily
educational purposes, and for tuition and fee paying purposes only such period
of enrollment shall not be counted toward the establishment of a bona fide
domicile of one year in this state unless such student proves that the student
has in fact established a bona fide domicile in this state primarily for
purposes other than educational.
(3)
The term "nonresident student" shall mean any student who does not
qualify as a "resident student" under the provisions of RCW
28B.15.012 and 28B.15.013. Except for students qualifying under subsection
(2)(((g))) (h) of this section, a nonresident student shall
include:
(a)
A student attending an institution with the aid of financial assistance
provided by another state or governmental unit or agency thereof, such
nonresidency continuing for one year after the completion of such semester or
quarter. This condition shall not apply to students from Columbia, Multnomah,
Clatsop, Clackamas, or Washington county, Oregon participating in the border
county pilot project under RCW 28B.80.806, 28B.80.807, and 28B.15.0139.
(b)
A person who is not a citizen of the United States of America who does not have
permanent or temporary resident status or does not hold
"Refugee-Parolee" or "Conditional Entrant" status with the
United States immigration and naturalization service or is not otherwise
permanently residing in the United States under color of law and who does not
also meet and comply with all the applicable requirements in RCW 28B.15.012 and
28B.15.013.
(4)
The term "domicile" shall denote a person's true, fixed and permanent
home and place of habitation. It is the place where the student intends to
remain, and to which the student expects to return when the student leaves
without intending to establish a new domicile elsewhere. The burden of proof
that a student, parent or guardian has established a domicile in the state of
Washington primarily for purposes other than educational lies with the student.
(5)
The term "dependent" shall mean a person who is not financially
independent. Factors to be considered in determining whether a person is
financially independent shall be set forth in rules and regulations adopted by
the higher education coordinating board and shall include, but not be limited
to, the state and federal income tax returns of the person and/or the student's
parents or legal guardian filed for the calendar year prior to the year in
which application is made and such other evidence as the board may require.
Sec.
2. RCW
28B.15.012 and 2000 c 117 s 2 are each amended to read as follows:
Whenever
used in chapter 28B.15 RCW:
(1)
The term "institution" shall mean a public university, college, or
community college within the state of Washington.
(2)
The term "resident student" shall mean:
(a)
A financially independent student who has had a domicile in the state of
Washington for the period of one year immediately prior to the time of
commencement of the first day of the semester or quarter for which the student
has registered at any institution and has in fact established a bona fide
domicile in this state primarily for purposes other than educational;
(b)
A dependent student, if one or both of the student's parents or legal guardians
have maintained a bona fide domicile in the state of Washington for at least
one year immediately prior to commencement of the semester or quarter for which
the student has registered at any institution;
(c)
A student classified as a resident based upon domicile by an institution on or
before May 31, 1982, who was enrolled at a state institution during any term of
the 1982-1983 academic year, so long as such student's enrollment (excepting
summer sessions) at an institution in this state is continuous;
(d)
Any student who has spent at least seventy-five percent of both his or her
junior and senior years in high schools in this state, whose parents or legal
guardians have been domiciled in the state for a period of at least one year
within the five-year period before the student graduates from high school, and
who enrolls in a public institution of higher education within six months of
leaving high school, for as long as the student remains continuously enrolled
for three quarters or two semesters in any calendar year;
(e)
A student who is on active military duty stationed in the state or who is a
member of the Washington national guard;
(f)
A student who is the spouse or a dependent of a person who is on active
military duty stationed in the state;
(g)
A student who resides in the state of Washington and is the spouse or a
dependent of a person who is a member of the Washington national guard;
(h)
A student of an out-of-state institution of higher education who is attending a
Washington state institution of higher education pursuant to a home tuition
agreement as described in RCW 28B.15.725; or
(((h)))
(i) A student who meets the requirements of RCW 28B.15.0131: PROVIDED,
That a nonresident student enrolled for more than six hours per semester or
quarter shall be considered as attending for primarily educational purposes,
and for tuition and fee paying purposes only such period of enrollment shall
not be counted toward the establishment of a bona fide domicile of one year in
this state unless such student proves that the student has in fact established
a bona fide domicile in this state primarily for purposes other than
educational.
(3)
The term "nonresident student" shall mean any student who does not
qualify as a "resident student" under the provisions of RCW
28B.15.012 and 28B.15.013. Except for students qualifying under subsection
(2)(((g))) (h) of this section, a nonresident student shall
include:
(a)
A student attending an institution with the aid of financial assistance
provided by another state or governmental unit or agency thereof, such
nonresidency continuing for one year after the completion of such semester or
quarter.
(b)
A person who is not a citizen of the United States of America who does not have
permanent or temporary resident status or does not hold
"Refugee-Parolee" or "Conditional Entrant" status with the
United States immigration and naturalization service or is not otherwise
permanently residing in the United States under color of law and who does not
also meet and comply with all the applicable requirements in RCW 28B.15.012 and
28B.15.013.
(4)
The term "domicile" shall denote a person's true, fixed and permanent
home and place of habitation. It is the place where the student intends to
remain, and to which the student expects to return when the student leaves
without intending to establish a new domicile elsewhere. The burden of proof
that a student, parent or guardian has established a domicile in the state of
Washington primarily for purposes other than educational lies with the student.
(5)
The term "dependent" shall mean a person who is not financially
independent. Factors to be considered in determining whether a person is
financially independent shall be set forth in rules and regulations adopted by
the higher education coordinating board and shall include, but not be limited to,
the state and federal income tax returns of the person and/or the student's
parents or legal guardian filed for the calendar year prior to the year in
which application is made and such other evidence as the board may require.
Sec.
3. RCW
28B.101.040 and 1993 sp.s. c 18 s 35 and 1993 c 385 s 2 are each reenacted and
amended to read as follows:
Grants
may be used by eligible participants to attend any public or private college or
university in the state of Washington that is accredited by an accrediting
association recognized by rule of the higher education coordinating board and
that has an existing unused capacity. Grants shall not be used to attend any
branch campus or educational program established under chapter 28B.45 RCW. The
participant shall not be eligible for a grant if it will be used for any
programs that include religious worship, exercise, or instruction or to pursue
a degree in theology. Each participating student may receive up to two
thousand five hundred dollars per academic year, not to exceed the student's
demonstrated financial need for the course of study. Resident students as
defined in RCW 28B.15.012(2)(((e))) (f) are not eligible for
grants under this chapter.
NEW
SECTION. Sec. 4.
Section 1 of this act expires June 30, 2002.
NEW
SECTION. Sec. 5.
Section 2 of this act takes effect June 30, 2002.
