WSR 02-14-137

EMERGENCY RULES

HIGHER EDUCATION

COORDINATING BOARD

[ Filed July 2, 2002, 4:34 p.m. ]

Date of Adoption: July 2, 2002.

Purpose: Amends the promise scholarship program to incorporate changes to the program as authorized by the 2002 legislature in SHB 2807.

Citation of Existing Rules Affected by this Order: Amending WAC 250-80-010, 250-80-020, and 250-80-070.

Statutory Authority for Adoption: Chapter 28B.80 RCW and SHB 2807 as authorized by the 2002 legislature.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This allows the Higher Education Coordinating Board to process applications from students who meet the revised eligibility criteria enumerated in SHB 2807.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

July 2, 2002

John Klacik

Associate Director

OTS-5755.2


AMENDATORY SECTION(Amending WSR 00-08-082, filed 4/4/00, effective 5/5/00)

WAC 250-80-010   Purpose.   The Washington promise scholarship program recognizes and encourages the aspiration for superior academic achievement of high school students who attend and graduate from Washington high schools. The program offers a two-year scholarship for eligible students that may be used at any accredited institution within the borders of the state. The scholarship may also be used at certain Oregon institutions offering programs not offered in Washington.

[Statutory Authority: Chapter 28B.80 RCW and 1999 c 309 611(6). 00-08-082, 250-80-010, filed 4/4/00, effective 5/5/00.]


AMENDATORY SECTION(Amending WSR 00-08-082, filed 4/4/00, effective 5/5/00)

WAC 250-80-020   Definitions.   (1) "Board" means the higher education coordinating board.

(2) "OSPI" means the office of the superintendent of public instruction.

(3) "High school" means a secondary institution in Washington state identified by the office of the superintendent of public instruction as qualified to confer high school diplomas to a graduating senior class.

(4) "Parent(s)" mean the biological or adoptive parent of the student applicant and the spouse of a biological or adoptive parent. In cases of divorce or separation the parent for purposes of reporting income and family size is the biological or adoptive parent who provided more than one-half of the applicant's support in the previous twelve months. The term parent does not include either foster parents or legal guardians.

(5) "Family size" is the number of people for whom the applicant's parent(s) provided more than one-half of the support in the previous twelve months.

(6) "Income," in most cases means the applicant parent's adjusted gross income (AGI) as reported on the previous calendar year's federal tax return. For the independent student, income means the student's adjusted gross income as reported on the previous calendar year's federal tax return.

(7) "Independent student" means a student whose biological parents are both deceased and there is no adoptive parent, or the student is a "ward of the court," or the student has been legally emancipated by court order. The board may also recognize a student as independent due to exceptional circumstances as recognized by the appeal committee.

(8) "Appeals committee" means a committee convened by the board to review petitions and requests by students for consideration of individual exceptional circumstances.

(9) "Median family income (MFI)" means the median income for the state of Washington, by family size, as compiled by the federal Bureau of the Census and reported annually in the Federal Register.

(10) "Income cutoff" means one hundred thirty-five percent of the median family income.

(11) "Academic year" means the fall, winter, and spring quarters or the fall and spring semesters between July 1st and June 30th.

(12) "Eligible student" means a person who:

(a) Graduates from a public or private high school located in the state of Washington; and

(b) ((Is in the top ten percent of his or her 1999 graduating class; or

(c))) Is in the top fifteen percent of his or her 2000 graduating class; or

(c) Attained a cumulative score of 1200 or better on the Scholastic Assessment Test I (SATI) on the first attempt; or

(d) Attained a cumulative score of 27 or better on the American College Test (ACT) on the first attempt; and

(((d))) (e) Has a family income less than one hundred thirty-five percent of the state's median; and

(((e))) (f) Enrolls at least half time in an eligible postsecondary institution in the state of Washington; and

(((f))) (g) Is not pursuing a degree in theology.

(13) "Eligible postsecondary institution" means:

(a) A public institution authorized by the Washington legislature and receiving operating support through the state general fund; or

(b) A postsecondary institution, whose campus or branch campus is physically located in the state of Washington, and who is accredited by a nationally recognized accrediting body. The recognized accrediting bodies are:

(i) ((The)) Northwest Association of Schools and Colleges or a similar regional accrediting body as determined by the board;

(ii) ((The)) Accrediting Bureau of Health Education Schools;

(iii) ((The)) Accrediting Council for Continuing Education and Training;

(iv) ((The)) Accrediting Commission of Career Schools and Colleges of Technology;

(v) The Accrediting Council for Independent Colleges and Schools;

(vi) The National Accrediting Commission of Cosmetology Arts and Sciences; ((and))

(vii) Middle States Association of Colleges and Schools, Commission on Higher Education;

(viii) New England Association of Schools and Colleges;

(ix) North Central Association of Colleges and Schools;

(x) Southern Association of Colleges and Schools;

(xi) Western Association of Schools and Colleges; or

(c) An accredited Oregon postsecondary institution that offers a program not offered in Washington and is located in either Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco or Washington county. The institution must be accredited by one of the accrediting bodies listed above; and

(d) Agrees to administer the program in accordance with the applicable rules and program guidelines.

(14) "Authorized use period" means the period of time the eligible student has to complete using his or her scholarship. ((The board will determine the authorized use period for each class of graduating high school seniors.))

[Statutory Authority: Chapter 28B.80 RCW and 1999 c 309 611(6). 00-08-082, 250-80-020, filed 4/4/00, effective 5/5/00.]


AMENDATORY SECTION(Amending WSR 00-08-082, filed 4/4/00, effective 5/5/00)

WAC 250-80-070   Renewals and authorized use period.   (1) Eligible students may renew their award for the second year's benefits, subject to the availability of funding.

(2) The deadline for the return of renewal applications will be set annually by the board.

(3) The board will determine the maximum number of years each class of graduating high school seniors has to complete usage of the scholarship.

(4) ((For the graduating classes of 1999 and 2000,)) The authorized use period is limited to two consecutive years following graduation. Students who were not eligible for the first year of benefits, or who did not use the first year of benefits, may reapply for the second year benefits, but may not renew for a third year.

(5) Receipt of the scholarship is dependent upon the availability of funding.

[Statutory Authority: Chapter 28B.80 RCW and 1999 c 309 611(6). 00-08-082, 250-80-070, filed 4/4/00, effective 5/5/00.]

Washington State Code Reviser's Office