WSR 06-09-089




[ Filed April 19, 2006, 8:05 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-06-034.

     Title of Rule and Other Identifying Information: WAC 250-40-040 (3)(a) State work study (SWS).


Revision of RCW 28B.12.060 (3)(a). That creates a placement priority for former foster youth.
Implement rules changes to match recent legislation.
Minor technical changes.

     Hearing Location(s): Higher Education Coordinating Board, 917 Lakeridge Way, 3rd Floor Conference Room, Olympia, WA 98502, on May 23, 2006, at 9:00 a.m.

     Date of Intended Adoption: July 27, 2006.

     Submit Written Comments to: Betty Gebhardt, 917 Lakeridge Way, P.O. Box 43430, Olympia, WA 98504-3430, e-mail, fax (360) 704-6250.

     Assistance for Persons with Disabilities: Contact Karola Longoria by May 9, 2006, (360) 753-7850.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend program rules to match the revised statute that now places a priority on serving former foster youth; and to clarify provisions.

     Reasons Supporting Proposal: Passage of SHB 1079 created a statutory amendment creating a priority for serving former foster youth.

     Statutory Authority for Adoption: RCW 28B.15.012.

     Statute Being Implemented: RCW 28B.15.013.

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

     Name of Proponent: Higher education coordinating board, public.

     Name of Agency Personnel Responsible for Drafting: Khris Blumer, 917 Lakeridge Way, Olympia, WA 98502, (360) 753-7847; Implementation and Enforcement: Betty Gebhardt, 917 Lakeridge Way, Olympia, WA 98502, (360) 753-7852.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule affects nonprofit educational institutions, does not affect business in Washington.

     A cost-benefit analysis is not required under RCW 34.05.328. The higher education coordinating board is not named in the RCW.

April 18, 2006

John Klacik, Director

Student Financial Assistance


AMENDATORY SECTION(Amending WSR 94-14-006, filed 6/23/94, effective 7/24/94)

WAC 250-40-040   Student eligibility and selection.   (1) Eligibility criteria. In order to be eligible for employment under this program the student must:

     (a) Demonstrate financial need.

     (b) Be enrolled or accepted for enrollment as at least a half-time undergraduate, graduate or professional student or be a student under an established program designed to qualify him or her for enrollment as at least a half-time student at an eligible institution of postsecondary education.

     (c) Be capable, in the opinion of the institution, of maintaining good standing in a course of study while employed under the program, and demonstrate satisfactory progress toward degree or certificate completion.

     (d) Not be pursuing a degree in theology.

     (e) Not owe a refund or repayment on a state or federal financial aid grant program and not be in default on a loan made, insured, or guaranteed under federal and state financial aid loan programs.

     (2) Criteria for institutional determination of financial need and the making of awards.

     (a) Standard budgetary costs will be determined by the institution subject to approval by the higher education coordinating board.

     (b) Total applicant resources shall be determined in accordance with the federal methodology system of need analysis. Institutional financial aid officers may make reasonable adjustments to the computed total applicant resources if individual circumstances warrant such adjustments.

     Any adjustments must be documented and placed in the student's financial aid records.

     (c) The work-study award shall be designed in such a manner that the sum total of financial aid awarded any one student will not exceed the difference between the total applicant's resources and the budgetary cost of education.

     (d) Each institution must have a policy relating to the continuance of aid for students who enroll in but do not complete the number of credit or clock hours required to maintain satisfactory progress toward completion of his or her degree or program objective. The institution must submit its policy to the board annually for approval.

     (3) Priorities in placing students.

     (a) Provide work opportunities for students who are defined to be residents of the state particularly former foster youth as defined in RCW 28B.92.060. Residents of the state are defined in RCW 28B.15.012 and 28B.15.013 except resident students defined in RCW 28B.15.012 (2)(g);

     (b) After consideration of (a) of this subsection, then provide job placements in fields related to each student's academic or vocational pursuits, with an emphasis on off-campus job placements wherever appropriate; and

     (c) Whenever appropriate, provide opportunities for off-campus community service placements.

     (4) Job placements are encouraged in occupations that meet Washington's economic development goals especially those in international trade and international relations.

[Statutory Authority: RCW 28B.12.020 through 28B.12.070. 94-14-006 § 250-40-040, filed 6/23/94, effective 7/24/94; 93-20-044, § 250-40-040, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. 88-10-002 (Order 3/88, Resolution No. 88-11), § 250-40-040, filed 4/21/88; 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-040, filed 7/29/87. Statutory Authority: RCW 28B.10.806. 81-13-037 (Order 3/81, Resolution No. 81-68), § 250-40-040, filed 6/16/81; 80-05-024 (Order 2-80, Resolution No. 80-54), § 250-40-040, filed 4/14/80; Order 5-77, § 250-40-040, filed 5/11/77; Order 6-74, § 250-40-040, filed 9/17/74.]

AMENDATORY SECTION(Amending WSR 94-14-006, filed 6/23/94, effective 7/24/94)

WAC 250-40-050   Restrictions on student placement and compensation.   (1) Displacement of employees. Employment of state work-study students may not result in displacement of employed workers or impair existing contracts for services.

     (a) State work-study students employed by public institutions of postsecondary education may not fill positions currently or formerly occupied by classified employees.

     (b) In cases of governmental employment, state work-study students may fill positions which have been previously occupied but were vacated as a result of implementing previously adopted reduction in force policies in response to employment limitations imposed by federal, state or local governments.

     (c) In all other cases, state work-study students may not fill positions which have been occupied by regular employees during the current or prior calendar or fiscal year.

     (2) Rate of compensation. All work-study positions shall receive compensation equal to the entry level salary of comparable nonwork-study positions.

     Students employed by public postsecondary educational institutions who are filling positions which are comparable to Washington personnel resources board classified positions must be paid entry level Washington personnel resources board wages for the position unless the overall scope and responsibilities of the position indicate a higher level.

     Determination of comparability must be made in accordance with state work-study program operational guidelines.

     Documentation must be on file at the institution for each position filled by a state work-study student which is deemed by the institution as not comparable to a higher education personnel board position.

     (3) Maximum total state work-study compensation. Earnings beyond the student's state work-study eligibility must be reported to the financial aid officer, and resulting adjustments made in the financial aid package in accordance with federal methodology. In the event that a student earns more money from state work-study employment than the institution anticipated when it awarded student financial aid, the excess is to be treated in accordance with the method specified in the state work-study operational guidelines.

     (4) State share of student compensation. With the exception of board-approved off campus community service placements, the state share of compensation paid students shall not exceed 80 percent of the student's gross compensation. In the following cases the state share may be established at 80 percent:

     (a) When employed by state supported institutions of postsecondary education at which they are enrolled;

     (b) When employed as tutors by the state's common school districts;

     (c) When employed in tutorial or other support staff positions by nonprofit adult literacy service providers in the state of Washington who meet guideline criteria for participation; and

     (d) When employed in an off-campus community service placement. The state share of compensation paid students employed by all other employers shall not exceed 65 percent of the student's gross compensation.

     (5) Employer share of student compensation. The employer shall pay a minimum of 20 percent or 35 percent of the student's gross compensation as specified in subsection (4) ((above)) of this section, plus the costs of any employee benefits including all payments due as an employer's contribution under the state workman's compensation laws, federal Social Security laws, and other applicable laws. The federal work-study program cannot be used to provide employer share of student compensation except when used for placement of students in tutorial or other support staff positions with adult literacy service providers in the state of Washington who meet guideline criteria for participation.

     (6) Academic credit for state work-study employment. Students may receive academic credit for experience gained through state work-study employment.

     (7) Maximum hours reimbursed. Employment of a student in excess of an average of 19 hours per week, or in the case of on-campus graduate assistants an average of 20 hours per week, over the period of enrollment for which the student has received an award or a maximum of 40 hours per week during vacation periods will not be eligible for reimbursement from state funds.

     A student may not be concurrently employed in the same position by the state work-study program and the federal work-study program and exceed the 19 hours per week average.

     (8) Types of work prohibited. Work performed by a student under the state work-study program shall not be sectarian related and shall not involve any partisan or nonpartisan political activity.

     (9) Relationship to formula staffing percentage. Placement of state work-study students in on-campus positions at public postsecondary educational institutions may not result in a level of employment in any budget program in excess of a formula staffing percentage specifically mandated by the legislature.

[Statutory Authority: RCW 28B.12.020 through 28B.12.070. 94-14-006 § 250-40-050, filed 6/23/94, effective 7/24/94; 93-20-044, § 250-40-050, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. 88-10-002 (Order 3/88, Resolution No. 88-11), § 250-40-050, filed 4/21/88; 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-050, filed 7/29/87; 86-10-014 (Order 4/86), § 250-40-050, filed 4/30/86; 82-15-054 (Order 5-82, Resolution No. 82-53), § 250-40-050, filed 7/20/82. Statutory Authority: RCW 28B.10.806. 81-13-037 (Order 3/81, Resolution No. 81-68), § 250-40-050, filed 6/16/81; 80-05-024 (Order 2-80, Resolution No. 80-54), § 250-40-050, filed 4/14/80; 79-07-020 (Order 4-79, Resolution No. 79-33), § 250-40-050, filed 6/15/79; 78-08-007 (Order 3-78), § 250-40-050, filed 7/7/78; Order 5-77, § 250-40-050, filed 5/11/77; Order 6-75, § 250-40-050, filed 8/18/75; Order 6-74, § 250-40-050, filed 9/17/74.]

AMENDATORY SECTION(Amending WSR 93-20-044, filed 9/29/93, effective 10/30/93)

WAC 250-40-060   Institutional application and allotment procedures.   (1) Application. Institutions shall annually apply for and document campus need for student employment funds.

     (2) Institutional reserve of funds. The board shall annually develop a reserve of funds for the body of students at each eligible participating institution. Institutions will be notified of funds available for their students by May 1 of the year prior to the academic year in which awards will be given, or within a reasonable period after the legislative appropriation becomes known, whichever is later. The following steps shall govern the determination and allotment of institutional reserves:

     (a) A base funding level, or conditional guarantee, shall be adopted for each institution currently participating in the program. The initial allotment of funds to any one institution shall equal its conditional guarantee. The conditional guarantee will equal the amount of funds initially reserved to the institution for the 1992-93 fiscal year.

     (b) Eligible institutions currently not participating in the program shall be continually encouraged to enter the program, and will be funded at a reasonable level.

     (c) Each institution shall share proportionally in the event of budget reductions.

     (d) Institutions displaying a pattern of fund underutilization shall have their allocations reevaluated and reduced if appropriate.

     (e) Funding increases shall be distributed on an objective basis among institutions in a manner which, when combined with federal work-study allocations, furthers a parity of work opportunity among students statewide.

     (f) No institution will be awarded funds which, in the institution's judgment or judgment reasonably exercised by the board, will exceed what the institution can adequately administer.

     (3) The convening of an advisory committee. The board staff will convene its advisory committee annually in accordance with WAC 250-40-070(((5)))(4) to review program policies and procedures.

     (4) Reallotments. If it is determined that an institution is unable to award all of the funds allotted it, the board will reduce its allotment accordingly and will redistribute unutilized funds to other eligible institutions. Reallotments however, shall not increase or decrease an institution's conditional guarantee.

[Statutory Authority: RCW 28B.12.020 - 28B.12.070. 93-20-044, § 250-40-060, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-060, filed 7/29/87; Order 5-77, § 250-40-060, filed 5/11/77; Order 6-74, § 250-40-060, filed 9/17/74.]

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