WSR 04-03-108




[ Filed January 21, 2004, 8:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-15-097.

Title of Rule: Exception to state need grant award amount limitation.

Purpose: The proposed rule provides a limited two-year exception to the existing rule prohibiting the award from exceeding the value of public sector tuition and fees.

Statutory Authority for Adoption: Chapter 28B.80 RCW and RCW 28B.10.822.

Statute Being Implemented: Not applicable.

Summary: In the 2003-04 and 2004-05 academic years the proposed rule permits the state need grant award to exceed public sector tuition by up to $50.

Reasons Supporting Proposal: The Higher Education Coordinating Board is working with a sector representative group of student aid administrators to determine whether a longer term or broader modification to the existing rule is necessary.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Klacik, 917 Lakeridge Way, Olympia, WA 98504, (360) 753-7851.

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: The proposed rule allows institutions participating in the state need grant program to disburse awards that may exceed the tuition charged by as much as $50. The proposed exception remains in effect for the 2003-04 and the 2004-05 years only.

It is estimated that the proposed rule change will affect about 2,700 community and technical college students. The cost of permitting this exception is about $14.50 per student for a total cost of about $39,000.

Proposal Changes the Following Existing Rules: Permits the state need grant award to exceed tuition by up [to] $50 in the 2003-04 and 2004-05 academic years.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule affects students in public sector higher education institutions. It does not affect businesses in Washington.

RCW 34.05.328 does not apply to this rule adoption. The Higher Education Coordinating Board is not named in the RCW.

Hearing Location: Higher Education Coordinating Board, 3rd Floor Conference Room, 917 Lakeridge Way, Olympia, WA 98504, on February 24, 2004, at 9 a.m. to 12 p.m.

Assistance for Persons with Disabilities: Contact Belma Villa by February 23, 2004.

Submit Written Comments to: John Klacik, Associate Director, Higher Education Coordinating Board, P.O. Box 43430, Olympia, WA 98504-3430, fax (360) 704-6251, e-mail, by February 27, 2004.

Date of Intended Adoption: March 25, 2004.

January 20, 2004

John Klacik

Associate Director


AMENDATORY SECTION(Amending WSR 99-16-015, filed 7/23/99, effective 8/23/99)

WAC 250-20-041   Award procedure.   (1) The institution will offer grants to eligible students from funds reserved by the board. It is the institution's responsibility to ensure that the reserve is not over expended within each academic year.

(2) The state need grant award for an individual student shall be the base grant, appropriate for the sector attended and a dependent care allowance, if applicable, adjusted for the student's family income and rate of enrollment. Each eligible student receiving a grant must receive the maximum grant award for which he or she is eligible, unless such award should exceed the student's overall need or the institution's approved gift equity packaging policy.

(3) The grant amount for students shall be established as follows:

(a) The award shall be based on the representative average tuition, service, and activity fees charged within each public sector of higher education. The average is to be determined annually by the higher education coordinating board.

(b) Except for the 2003-04 and 2004-05 academic years, the base grant award shall not exceed the actual tuition and fees charged to the eligible student. During the 2003-04 and 2004-05 years the grant award may exceed the tuition charged to the eligible student by fifty dollars.

(c) The base grant award for students attending independent four-year institutions shall be equal to that authorized for students attending the public four-year research institutions. The base grant for students attending private vocational institutions shall be equal to that authorized for students attending the public community and technical colleges.

(4) The total state need grant award shall be reduced for students with family incomes greater than fifty percent of the state's median and for less than full-time enrollment.

(a) Students whose incomes are equal to fifty-one percent to seventy-five percent of the state's median family income shall receive seventy-five percent of the maximum award. Students whose incomes are equal to seventy-six percent to one hundred percent of the state's median family income shall receive fifty percent of the maximum award. Students whose incomes are equal to one hundred one percent to one hundred twenty-five percent of the state's median family income shall receive twenty-five percent of the maximum award.

(b) Eligible students shall receive a prorated portion of their state need grant for any academic period in which they are enrolled at least half-time, as long as funds are available. Students enrolled at a three-quarter time rate, at the time of disbursement, will receive seventy-five percent of their grant. Students enrolled half-time at the time of disbursement will receive fifty percent of their grant.

(5) Depending on the availability of funds, students may receive the need grant for summer session attendance.

(6) The institution will be expected, insofar as possible, to match the state need grant with other funds sufficient to meet the student's need. Matching moneys may consist of student financial aid funds and/or student self-help.

(7) All financial resources available to a state need grant recipient, when combined, may not exceed the amount computed as necessary for the student to attend a postsecondary institution. The student will not be considered overawarded if he or she receives additional funds after the institution awards aid, and the total resources exceed his or her financial need by $200 or less by the end of the academic year.

(8) The institution shall ensure that the recipient's need grant award, in combination with grant aid from all sources, not exceed seventy-five percent of the student's cost-of-attendance. In counting self-help sources of aid, the aid administrator shall include all loans, employment, work-study, scholarships, grants not based on need, family contribution, and unmet need.

(9) The institution will notify the student of receipt of the state need grant.

(10) Any student who has received at least one disbursement and chooses to transfer to another participating institution within the same academic year may apply to the board for funds to continue receipt of the grant at the receiving institution.

[Statutory Authority: 2813.80 [Chapter 28B.80 RCW]. 99-16-015, 250-20-041, filed 7/23/99, effective 8/23/99. Statutory Authority: Chapter 28B.80 RCW. 95-17-045, 250-20-041, filed 8/11/95, effective 9/11/95; 93-08-010, 250-20-041, filed 3/25/93, effective 4/25/93. Statutory Authority: RCW 28B.10.800 - [28B.10.]822. 90-04-067, 250-20-041, filed 2/5/90, effective 7/1/90. Statutory Authority: RCW 28B.10.806. 87-16-046 (Order 2/87, Resolution No. 87-59), 250-20-041, filed 7/29/87. Statutory Authority: RCW 28B.10.822. 82-15-058 (Order 9-82, Resolution No. 82-52), 250-20-041, filed 7/20/82. Statutory Authority: RCW 28B.10.806. 80-05-025 (Order 3-80, Resolution No. 80-56), 250-20-041, filed 4/14/80; 79-11-031 (Order 11-79, Resolution No. 80-18), 250-20-041, filed 10/11/79; 79-07-021 (Order 5-79, Resolution No. 79-33), 250-20-041, filed 6/15/79; Order 2-77, 250-20-041, filed 4/13/77; Order 3-75, 250-20-041, filed 4/25/75; Order 1-75, 250-20-041, filed 3/7/75; Order 1-74, 250-20-041, filed 4/9/74; Order 1-73, 250-20-041, filed 7/2/73.]

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