WSR 15-22-031 EXPEDITED RULES STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES [Filed October 27, 2015, 2:22 p.m.]
Title of Rule and Other Identifying Information: Tuition and fee charges, WAC 131-28-005, 131-28-021, 131-28-025, 131-28-02501, 131-28-026, 131-28-030, 131-28-045, and 131-28-070.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Denise Graham, State Board for Community and Technical Colleges, 1300 Quince Street S.E., Olympia, WA 98504, AND RECEIVED BY January 4, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating WAC to integrate technical colleges into the tuition and fee provisions, consistent with chapter 55, Laws of 2015; updating WAC to incorporate change from sections, chapter 274, Laws of 2011 (removed community colleges from the requirement that tuition fees must be rounded to the nearest whole dollar); and making clarifying and technical corrections.
Reasons Supporting Proposal: Chapter 55, Laws of 2015, made technical colleges subject to the same tuition, fee, and waiver statutes as community colleges. Section 5, chapter 274, Laws of 2011, removed community colleges from the requirement that tuition fees must be rounded to the nearest whole dollar. The proposed changes to chapter 131-28 WAC will align administrative rules with RCW.
Statutory Authority for Adoption: Chapter 28B.15 RCW.
Statute Being Implemented: Chapter 28B.15 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Denise Graham, 1300 Quince Street S.E., Olympia, WA 98504, (360) 704-4350.
October 27, 2015
Beth Gordon
Executive Assistant
and Rules Coordinator
AMENDATORY SECTION (Amending WSR 01-22-010, filed 10/26/01, effective 11/26/01)
WAC 131-28-005 Tuition and fees for community and technical colleges established.
Tuition ((and)), fees, and waivers for community and technical college state-funded courses are established in accordance with chapter 28B.15 RCW. ((Technical colleges are required to administer tuition and tuition waivers for state-funded courses under policies and procedures of their respective boards of trustees. This chapter applies only to community colleges unless technical colleges are specified.))
AMENDATORY SECTION (Amending WSR 01-22-010, filed 10/26/01, effective 11/26/01)
WAC 131-28-021 Definitions.
For the purpose of ((WAC 131-28-025)) chapter 131-28 WAC, the following definitions shall apply:
(1) "Resident student" and "nonresident student" shall be defined in the same manner as in chapter 28B.15 RCW.
(2) "Tuition fees," "building fees," "operating fees" and "services and activities fees" shall be defined in the same manner as in chapter 28B.15 RCW.
(3) "Special fees" shall be defined as all fees established by the district board of trustees other than tuition, building fees, operating fees or services and activities fees and as such shall include fees charged to an individual student for specific services and privileges received by such student.
(4) "Student funded course" shall be defined as any organized instructional activity, typically ungraded, primarily offered for part-time students, not normally an integral part of any specific study program leading to either an academic or an occupational degree or certificate, and specifically identified as such by a community or technical college consistent with the course classification procedures established by the state board.
(5) (("Required course" shall be defined as any course specified in the college catalog or official curriculum description of any vocational preparatory program as necessary for completion of such program, except courses prerequisite to such program.
AMENDATORY SECTION (Amending WSR 14-20-063, filed 9/26/14, effective 10/27/14)
WAC 131-28-025 Method of assessing tuition and fee charges.
Tuition and fees charged to students in state-funded courses shall conform to chapter 28B.15 RCW, the legislative budget and policies of the state board and the following:
(1) For credit- and credit equivalent-based programs, tuition, and fees charged to students:
(a) Shall be based upon the number of credits assigned to such courses as listed in the official and current catalog of the college, or for courses not given such credit designations, the number of credit equivalents as computed by the method for deriving such equivalents established by the state board.
(b) Shall be assessed on a per-credit basis at uniform rates for resident and for nonresident students, respectively. Partial credits shall be assessed on a proportionate basis. The respective maximums charged to any resident or nonresident student shall not exceed the amount allowed by law.
(c) Shall be assessed for part-time students, for each credit of registration or its equivalent.
(d) Shall include an additional operating fee for each credit in excess of eighteen at the tuition fee rate charged to part-time students.
(2) For competency-based degree programs, tuition and fees charged to students:
(a) Shall be based on the tuition and fee rates charged for a fifteen-credit load for one quarter, prorated for the length of the competency-based degree program term.
(b) For the purposes of the proration required under (a) of this subsection, a quarter shall be considered to be three months long.
AMENDATORY SECTION (Amending WSR 01-22-010, filed 10/26/01, effective 11/26/01)
WAC 131-28-02501 Waivers.
Community and technical college boards may grant waivers from the standard tuition and fees rate ((for)) to students in ungraded courses designated in WAC 131-28-026(3) and to students who qualify under a waiver created in Title 28B RCW.
Except for ungraded courses, colleges shall waive the building fee, services and activities fees, and operating fees in equal proportion.
Colleges may not impose conditions or eligibility criteria beyond that specified in this chapter, state board policy, or Title 28B RCW. Colleges may restrict the number of waivers granted.
((Colleges may round the amount collected to the nearest dollar.))
AMENDATORY SECTION (Amending WSR 12-14-020, filed 6/22/12, effective 7/23/12)
WAC 131-28-026 Tuition charges for certain ungraded courses.
(1) The state board shall designate ungraded courses. These courses may be offered at tuition rates that differ from the standard rates set by WAC 131-28-025. Ungraded shall mean courses not categorized by level of instruction and may be assigned degree credit or letter grades.
(2) Ungraded courses shall meet the following qualifications:
(a) The course has a specialized purpose in that it is intended to meet the unique educational needs of a specific category or group of students.
(b) The course is offered for the purpose of providing the individual student with a discrete skill or basic body of knowledge that is intended to enhance potential for initial or continued employment, parenting skills or retirement.
(c) The course cannot be administered as a contract course pursuant to WAC 131-28-027, 131-32-010, or 131-32-020.
(d) The course is not one specifically or primarily intended to satisfy requirements for receiving a high school diploma.
(3) Colleges may establish the amount of waiver for the following ungraded courses:
(a) Farm management and small business management;
(b) Emergency medical technician and paramedic continuing education;
(c) Retirement;
(d) Industrial first aid offered to satisfy WISHA and approved by the department of labor and industries;
(e) Journeyperson training in cooperation with joint apprenticeship and training committees;
(f) Parenting education including, but not limited to, cooperative preschool programs.
(4) The waiver amounts for the following ungraded courses shall conform with the following schedule:
(a) Adult basic education, English as a second language, GED preparation: An amount to be established by the state board.
(b) Courses offered for the purpose of satisfying related or supplemental educational requirements for apprentices registered with the Washington state apprenticeship council or federal Bureau of Apprenticeship and Training: A college shall waive one-half of the standard per credit tuition and services and activities fee. The college may convert the credit hour charge to a rounded amount per clock hour. Colleges may deduct the tuition owed from training contracts with apprentice organizations.
(5) Students taking both regular and ungraded courses will be charged separately for the courses.
(6) Application of this section shall be subject to administrative procedures established by the state director with respect to maximum credit values of such ungraded courses, curriculum, or any unique circumstances related to enrollment in such courses.
(7) Ungraded course fees received pursuant to this section shall be accounted for and deposited in local ((community)) college operating fee accounts established in RCW 28B.15.031.
(8) Ungraded course fees may be paid by the sponsoring entity rather than an individual student.
AMENDATORY SECTION (Amending WSR 95-13-070, filed 6/20/95, effective 7/21/95)
WAC 131-28-030 Waiver of tuition and fees for needy or disadvantaged students.
Pursuant to authority granted by RCW 28B.15.740, the boards of trustees of community and technical college districts are authorized to waive all or part of tuition and services and activities fees for needy students: Provided, That the students shall qualify for such waiver under criteria set forth in WAC 131-28-040 through 131-28-045.
AMENDATORY SECTION (Amending WSR 98-22-062, filed 11/2/98, effective 12/3/98)
WAC 131-28-045 Procedure for implementing tuition and fee waivers authorized pursuant to RCW 28B.15.740.
(1) Community and technical colleges may waive the tuition and service and activities fees for needy resident students under the provisions of RCW 28B.15.740. The amount that can be waived under this provision is limited by the waiver limits set forth in RCW 28B.15.910.
(2) In addition, colleges may waive up to three-quarters of one percent of the estimated gross collection of tuition and service and activities fees for other students. These waivers are not to be awarded based on participation in intercollegiate athletics. The estimated gross collection of tuition and service and activities fees shall be based on budgeted, state supported, annual average enrollment, after deducting the portion of the gross amount which is attributed to the difference between resident and nonresident tuition and fees.
AMENDATORY SECTION (Amending Order 47, filed 9/12/75)
WAC 131-28-070 Combination of tuition and fee waivers with other forms of student financial aid.
Nothing in ((WAC 131-28-030 through 131-28-050)) chapter 131-28 WAC is intended to prevent the award of tuition and fee waivers in conjunction with other forms of student financial aid as a package designed to meet the overall educational assistance needs of any student.
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