WSR 98-19-069
PROPOSED RULES
HIGHER EDUCATION
COORDINATING BOARD
[Filed September 18, 1998, 2:34 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-16-023.
Title of Rule: Graduate fellowship program.
Purpose: To implement the matching grant program authorized by legislation.
Statutory Authority for Adoption: RCW 28B.10.883.
Statute Being Implemented: RCW 28B.10.880 through 28B.10.887.
Summary: This WAC implements legislative requirements for the Higher Education Coordinating Board's administration of this matching grant program. It includes allocation of available funds, and procedures for disbursement of funds to higher education institutions.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Patty Mosqueda, Olympia, WA, (360) 753-7863.
Name of Proponent: Higher Education Coordinating Board, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule implements disbursement of funds from the trust account to institutions of higher education, consistent with statutory requirements.
Proposal Changes the Following Existing Rules: This revised rule slightly alters the distribution criteria for available funds. The distribution is consistent with statutory requirements, and has been approved by the affected higher education institutions.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have a small business economic impact.
RCW 34.05.328 does not apply to this rule adoption. This rule does not represent a material change in the earlier WAC. It makes a slight modification in distribution of funds.
Hearing Location: Higher Education Coordinating Board, 917 Lakeridge Way, Olympia, WA 98502, on October 27, 1998, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Front Desk Receptionist by October 23, 1998, TDD (360) 753-7809.
Submit Written Comments to: Patty Mosqueda, fax (360) 753-7808, by October 23, 1998.
Date of Intended Adoption: October 27, 1998.
September 18, 1998
Patricia Mosqueda
Policy Associate
OTS-2283.1
AMENDATORY SECTION (Amending WSR 90-16-029, filed 7/23/90, effective 8/23/90)
WAC 250-73-015 Definitions. (1) "Board" means the higher education coordinating board.
(2) "Institution" means a public four-year college or university within the state of Washington.
(3) "Graduate fellowship program" means the program established by the legislature as provided by RCW 28B.10.880 through 28B.10.887.
(4) "Trust fund" means the graduate fellowship trust fund established by the legislature as provided by RCW 28B.10.882.
(5) "Private donation" means funds made specifically to the graduate fellowship program from nonpublic fund sources.
(6) "Pledge" means an agreement between an institution
and a private donor(s) establishing terms for a private donation to be made within a
period of ((time)) two years as provided by RCW 28B.10.884.
(7) "Allocate" means to assign a share of the available fellowships to specific institutions until a date certain.
(8) "Designate" means to set aside or reserve trust funds as a potential match to a pledged private donation upon notification to the board.
(9) "Release funds" means the transfer of trust funds to an institution after notification to the board that the full amount of a pledged and designated private donation has been received.
[Statutory Authority: RCW 28B.10.883. 90-16-029, § 250-73-015, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-029, filed 7/23/90, effective 8/23/90)
WAC 250-73-020 Allocation
system. (((1) Until July 1, 1991, the board shall allocate trust funds
consistent with the allocation system as provided in chapter 16, Laws of 1990 1st ex.
sess.
(2) The board shall allocate available trust funds
according to WAC 250-73-025 when no legislative directive provides for the allocation of
available trust funds.
(3) The six fellowships allocated under chapter 16, Laws
of 1990 1st ex. sess. to be divided equally among Central Washington University, Eastern
Washington University, Western Washington University and The Evergreen State College shall
be allocated as follows:
(a) One fellowship will be reserved for each of the four
institutions until June 30, 1991.
(b) Two fellowships will be made available on a first
come, first served basis to any of the four institutions that has fully funded the
reserved fellowship allocated to it. No institution shall be eligible for more than one of
the fellowships allocated in this subsection.
(c) First come, first served shall be determined by the
date and time of receipt of notification of a pledge at the office of the board. The board
shall accept receipt of written notification no sooner than 8:00 a.m. on August 24, 1990.
If the board receives written notification from more than two institutions at 8 a.m. on
August 24, 1990, then the designation shall be made by drawing. The board shall notify the
affected institutions of the date and time of the drawing which shall be conducted openly
at the office of the board.
(4) After June 30, 1991, any funds allocated under chapter
16, Laws of 1990 1st ex. sess., that have not been designated shall be available for the
board to allocate under WAC 250-73-025 unless otherwise directed by the legislature.))
(1) The board shall allocate available trust funds among institutions according to WAC
250-73-025 when no legislative directive provides for the allocation of available trust
funds.
(2) Any funds balance in the trust account on June 11, 1998, and not designated to a particular institution, will be distributed according to provisions of WAC 250-73-025 as revised.
(3) Trust funds must be distributed in increments of $25,000 for the state matching grant portion for each graduate fellowship. Therefore, individual subaccount balances for each institution will be maintained in the trust fund when the amount allocated for each institution is not sufficient to provide for a full fellowship.
[Statutory Authority: RCW 28B.10.883. 90-16-029, § 250-73-020, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-029, filed 7/23/90, effective 8/23/90)
WAC 250-73-025 Allocation
system effective ((July 1, 1991)) June 11, 1998. ((The
board shall notify all institutions by July 1, 1991, of the availability of matching funds
under WAC 250-73-020, 250-73-030, and 250-73-040 and of the total number of fellowships
available. The board shall allocate the available fellowships as follows:
(1) University of Washington - the first, fourth, and
sixth available fellowships.
(2) Washington State University - the second and fifth
available fellowships.
(3) Central Washington University, Eastern Washington
University, The Evergreen State College, and Western Washington University - the third
available fellowship.
(a) Fellowships available under this section shall be
designated on a first come first served basis to any of the four institutions that has
fully funded the designated fellowships already allocated.
(b) First come, first served shall be determined by the
date and time of receipt of written notification of a pledge at the office of the board.
The board shall accept receipt of written notification no sooner than 8:00 a.m. on July 1,
1991. If the board receives written notification from more than one institution on the
same date and time, then the designation shall be made by drawing. The board shall notify
the affected institutions of the date and time of the drawing which shall be conducted
openly at the office of the board.
(4) At the beginning of each fiscal year, the board shall
reallocate available matching funds continuing the numerical sequence initiated July 1,
1991.
(5) An institution shall not be eligible for funds from
reallocation if it has forfeited allocated or designated funds in the preceding fiscal
year.)) At the time funds become available, the board shall notify all
institutions of the amount of funding and the number of graduate fellowships available to
each institution or group of institutions. The board shall allocate available funding for
graduate fellowships as follows:
(1) University of Washington - Forty-seven percent of total available funds (stipulating the number of fellowships which can be fully funded).
(2) Washington State University - Thirty-two percent of total available funds (stipulating the number of fellowships which can be fully funded).
(3) Central Washington University, Eastern Washington University, The Evergreen State College, and Western Washington University - Twenty-one percent of total available funds (stipulating the number of fellowships which can be fully funded).
Graduate fellowships available under this subsection (3) shall be allocated to individual institutions according to an agreement to be prepared by the four institutions and submitted each year to the higher education coordinating board, prior to allocation of funds by the board.
[Statutory Authority: RCW 28B.10.883. 90-16-029, § 250-73-025, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-029, filed 7/23/90, effective 8/23/90)
WAC 250-73-035 Designation
((of trust)) to an institution of allocated funds. (((1)
An institution shall make written notification of a pledge to the board which shall
include a copy of the agreement entered into with the private donor(s) concerning the
terms of the donation.
(2) The board may designate twenty-five thousand dollars
from available trust funds for an institution's pledged fellowship when the institution
provides notification according to subsection (1) that a private donation of twenty-five
thousand dollars has been pledged for a graduate fellowship.
(3) The board shall designate trust funds consistent with
the allocation system as provided in WAC 250-73-025.
(4) If a pledged private donation is not received within
two years from the date of designation, the board shall make the designated funds
available for another pledged fellowship.)) (1) Within one year of
notification by the board that an institution has been allocated one or more graduate
fellowships, the institution shall:
(a) Make written notification to the board that pledge(s) for private donation(s) have been secured; and
(b) Provide a copy to the board of the agreement(s)/pledge(s) entered into with the private donor(s) concerning terms of the donation(s).
(2) Upon notification pursuant to subsection (1) of this section, the board shall designate funds for that institution. Funds will be designated for a period of up to two years.
[Statutory Authority: RCW 28B.10.883. 90-16-029, § 250-73-035, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-029, filed 7/23/90, effective 8/23/90)
WAC 250-73-040 Reallocation
of previously allocated or designated funds. (1) The board shall
reallocate previously ((designated)) allocated funds when((:
(a))) an institution has not ((received
a full private donation for designated matching trust funds within the required period of
time under WAC 250-73-035.
(2) The board shall reallocate any previously designated
matching trust fund available under this section by July 1 of each year)) secured
a pledge within one year of notification that funds were available to that institution.
(2) The board shall reallocate previously designated funds when an institution has not received the full amount in private donations within two years from the time that state matching funds have been designated for that institution (based on a pledge for private funding).
(3) An institution shall not be eligible for reallocated funds if it has forfeited allocated or designated funds in the preceding twelve-month period.
(4) The following reallocation guidelines will be utilized by the board:
(a) If the University of Washington forfeits allocated/designated funds, reallocation will be made to Washington State University;
(b) If Washington State University forfeits allocated/designated funds, reallocation will be made to the University of Washington;
(c) If Central Washington University, Eastern Washington University, The Evergreen State College, or Western Washington University forfeits allocated/designated funds, reallocation will be made consistent with the annual distribution agreement developed by these four institutions. If no reallocation provision has been included in the agreement, the board will reallocate to an eligible institution (of the four institutions cited in this subsection). If more than one eligible institution requests a reallocation, the reallocation will be based on a drawing among the eligible institutions requesting participation in the drawing.
[Statutory Authority: RCW 28B.10.883. 90-16-029, § 250-73-040, filed 7/23/90, effective 8/23/90.]
AMENDATORY SECTION (Amending WSR 90-16-029, filed 7/23/90, effective 8/23/90)
WAC 250-73-045 Release of funds. Upon written notification that the full amount of a pledged and designated private donation has been received, the board shall request a warrant for the release of matching trust funds within five working days.
[Statutory Authority: RCW 28B.10.883. 90-16-029, § 250-73-045, filed 7/23/90, effective 8/23/90.]
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 250-73-030 Allocation of earnings from investments.