WSR 03-10-063




[ Filed May 6, 2003, 8:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-07-085.

Title of Rule: WAC 495D-135-040.

Purpose: Amend campus refund policy, simplifying it. Remove implementing procedures from the policy; they will reside separately in campus procedures.

Statutory Authority for Adoption: RCW 28B.15.605 and 28B.50.140.

Statute Being Implemented: RCW 28B.15.605.

Summary: The current college refund policy includes details that are better characterized as procedures, not policy. The proposal makes a distinction between the college's policy and the procedures for implementing the policy.

Reasons Supporting Proposal: This change simplifies college policy. It secondarily enables the college to respond more quickly to changing student needs related to refunds, helping us serve students and clients better.

Name of Agency Personnel Responsible for Drafting: David Minger, E124, Lake Washington Technical College, (425) 739-8233; Implementation and Enforcement: Brenda Mason, W300, Lake Washington Technical College, (425) 739-8231.

Name of Proponent: Lake Washington Technical College, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule removes detailed procedures from existing policy, and rewords policy as a statement of compliance with state law, etc. The purpose is simplification and improvement of the college's ability to respond better to student needs and changing situations.

It will also have the effect of allowing the college to revise refund procedures effective fall 2002. The key planned changes in procedures, separate from but related to the policy change, are: (1) 100% deadline will be extended through first week of quarter; (2) refunds from 11th through 20th calendar day will become 40%. Both changes are within parameters of RCW 28B.15.605. These procedural changes will also be discussed at the public meeting on June 10, 2003.

Proposal Changes the Following Existing Rules: While the proposal does not by itself change existing rules, it simplifies policy by removing implementing procedures from the policy.

This in turn will require a revision of existing procedures. The new implementing procedures will set refund deadlines consistent with the proposed revised policy.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No known or logical impact on small business.

RCW 34.05.328 does not apply to this rule adoption. No known applicability.

Hearing Location: Lake Washington Technical College, 11605 132nd Avenue N.E., Room W305, Kirkland, WA 98034, on June 10, 2003, at 12 noon.

Assistance for Persons with Disabilities: Contact Rob Harden by June 10, 2003, TDD (425) 739-8109 or (425) 739-8204.

Submit Written Comments to: David Minger, Lake Washington Technical College, Admissions and Registration, Room E124, Kirkland, Washington 98034, e-mail, phone (425) 739-8233, fax (425) 739-8110, by June 10, 2003.

Date of Intended Adoption: June 11, 2003.

May 5, 2003

David Minger, Director

Admissions and Registration

AMENDATORY SECTION(Amending WSR 00-03-030, filed 1/12/00, effective 2/12/00)

WAC 495D-135-040   Tuition and special course/program connected fees refund policy.   ((Upon withdrawal from college or reduction in class load and the completion of all applicable fee refund forms, the student may receive a tuition and/or fee refund under the following conditions:

(1) A full refund of general tuition fees, operating fees, special course/program connected fees, and services and activities fees will be made if the student has properly withdrawn prior to the first class session.

(2) A full refund will be made when courses or programs are cancelled by the college.

(3) Upon withdrawal or termination from a state-supported course on or after the first day of instruction and prior to the sixth day of instruction of the regular quarter or registration period for which the tuition and fees have been paid or are due, an eighty percent refund will be made. When a registration is for a first-time federally funded student, his or her refund will be calculated on a pro rata basis consistent with applicable federal rules.

(4) Upon withdrawal or termination from a state-supported course after the fifth day of instruction and up to the twentieth calendar day of the regular quarter or registration period for which the tuition and fees have been paid or are due, a fifty percent refund will be made. When a registration is for a first-time federally funded student, his or her refund will be calculated on a pro rata basis consistent with applicable federal rules.

(5) Refunds for withdrawals or terminations from state-supported courses that start after the regular quarter begins, or from state-supported short courses, shall be made in proportion to the amounts prescribed in subsections (3) and (4) of this section. However, the college will use the start date of the student's longest course or registration period during the regular quarter when calculating refunds upon the student's withdrawal from all courses. Refunds will be made prior to the second scheduled class meeting for self-supported courses, except that refunds will be made only prior to a single-session self-supported course.

(6) Refund requests must be made in person or in writing. Refund requests may not be made by telephone.

(7) Refund processing procedures shall be established by the president.

(8) Exceptions may be made at the president's discretion for students who withdraw for bona fide medical reasons or when called into the military service.

(9) The college may charge a registration or transfer fee set by the president for registration or transfer processing.

(10) Refunds of less than five dollars will not be made.

(11) Students who have paid fees for equipment or material which have a return/refund value must obtain written verification and approval on an appropriate form from the instructor or staff person who is responsible for the return/refund.

(12) Fees which are nonrefundable and not subject to this policy will be set by the president and identified as such in the quarterly course schedule and/or course announcement.))

It shall be the policy of Lake Washington Technical College that students shall receive refunds of tuition and fees in a fair and equitable manner in accordance with policy expressed in state law. Further, all applicable federal laws and regulations will be observed and implemented when doing so is necessary to maintain eligibility for federal funding of programs, as allowed by state law.

[Statutory Authority: RCW 28B.50.140. 00-03-030, 495D-135-040, filed 1/12/00, effective 2/12/00; 95-17-052, 495D-135-040, filed 8/14/95, effective 9/14/95; 93-19-075, 495D-135-040, filed 9/14/93, effective 10/15/93; 93-01-084, 495D-135-040, filed 12/15/92, effective 1/15/93.]

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Washington State Code Reviser's Office