WSR 01-16-119

PROPOSED RULES

STATE BOARD FOR

COMMUNITY AND TECHNICAL COLLEGES

[ Filed July 31, 2001, 8:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-09-061.

Title of Rule: Tuition and fees for community colleges.

Purpose: Updates various definitions that are relevant to section; proposes changes in the method of assessing tuition and fee charges, etc.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Chapter 131-28 WAC.

Summary: See Purpose above.

Reasons Supporting Proposal: General update to this section was needed.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Scott Morgan, State Board for Community and Technical Colleges, 319 7th Avenue, Olympia, (360) 753-0880.

Name of Proponent: State Board for Community and Technical Colleges, public and governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: Updates various definitions relevant to the section as well as proposes changes in the method for assessing tuition and fees.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business economic impact.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Cascadia Community College, 18345 Campus Way N.E., Bothell, WA 98011, on September 20, 2001, at 10 a.m.

Assistance for Persons with Disabilities: Contact Delrae Oderman, (360) 753-7413, by September 10, 2001, fax (360) 586-6440.

Submit Written Comments to: Scott Morgan, State Board for Community and Technical Colleges, P.O. Box 42495, Olympia, WA 98504, fax (360) 586-6440, by September 15, 2001.

Date of Intended Adoption: September 20, 2001.

July 31, 2001

Claire C. Krueger

Executive Assistant

Rules Coordinator

OTS-5048.1


AMENDATORY SECTION(Amending WSR 98-22-062, filed 11/2/98, effective 12/3/98)

WAC 131-28-005   Tuition and fees for community colleges established.   Tuition and fees for community college((s)) state-funded courses are established in chapter 28B.15 RCW. Technical colleges are required to administer tuition and tuition waivers for state-funded courses under policies and procedures of their respective boards of trustees. This chapter applies only to community colleges unless technical colleges are specified.

[Statutory Authority: Chapter 28.50 [28B.50] RCW. 98-22-062, 131-28-005, filed 11/2/98, effective 12/3/98.]


AMENDATORY SECTION(Amending WSR 95-13-070, filed 6/20/95, effective 7/21/95)

WAC 131-28-010   Tuition and fee charges for summer quarter.   Tuition, operating, services and activities, and special fees charged to students enrolled ((as)) in state-funded ((students)) courses for summer quarter shall be assessed on the same basis and in the same manner as such fees are assessed for other quarters of the academic year. ((Fees charged to students enrolled as self-supporting shall comply with RCW 28B.15.515(1).))

[Statutory Authority: Chapters 28B.15 and 28B.50 RCW. 95-13-070, 131-28-010, filed 6/20/95, effective 7/21/95; Order 12, 131-28-010, filed 7/22/71; Order 6, 131-28-010, filed 3/16/70.]


AMENDATORY SECTION(Amending WSR 98-22-062, filed 11/2/98, effective 12/3/98)

WAC 131-28-015   Assessment of tuition and fee charges.   It shall be the general policy of the state board that all tuition and services and activities fees shall be assessed on a uniform and equitable basis, except when the requirement to pay all or part of such fees has been specifically waived or altered by law or by ((regulation)) rule of the state board or the district board of trustees. Students must pay tuition and fees to be enrolled in state-funded courses unless a waiver is allowed.

[Statutory Authority: Chapter 28.50 [28B.50] RCW. 98-22-062, 131-28-015, filed 11/2/98, effective 12/3/98. Statutory Authority: Chapters 28B.15 and 28B.50 RCW. 95-13-070, 131-28-015, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 28B.15.502. 89-14-037 (Order 116, Resolution No. 89-16), 131-28-015, filed 6/29/89; Order 12, 131-28-015, filed 7/22/71.]


AMENDATORY SECTION(Amending WSR 95-13-070, filed 6/20/95, effective 7/21/95)

WAC 131-28-021   Definitions.   For the purpose of WAC 131-28-025, the following definitions shall apply:

(1) "Resident student" and "nonresident student" shall be defined in the same manner as in chapter 28B.15 RCW.

(2) "Tuition fees," "building fees," "operating fees" and "services and activities fees" shall be defined in the same manner as in chapter 28B.15 RCW.

(3) "Special fees" shall be defined as all fees established by the district board of trustees other than tuition, building fees, operating fees or services and activities fees and as such shall include fees charged to an individual student for specific services and privileges received by such student.

(4) "Student funded course" shall be defined as any organized instructional activity, typically ungraded, primarily offered for part-time students, not normally an integral part of any specific study program leading to either an academic or an occupational degree or certificate, and specifically identified as such by a community college consistent with the course classification procedures established by the state board.

(5) (("Academic or occupational course" shall be defined as all organized instructional activities other than student funded courses.

(6) "Short course" shall be defined as any academic, occupational, or student funded course not regularly scheduled in the quarterly announcement of courses, not routinely listed in the college catalog as a regular and normal part of the instructional program, and not normally of a full quarter in duration.

(7) "Regular course" shall be defined as any course not classified as a short course.

(8))) "Required course" shall be defined as any course specified in the college catalog or official curriculum description of any vocational preparatory program as necessary for completion of such program, except courses prerequisite to such program.

(((9) "Vocational preparatory program" shall be defined as any planned series of learning experiences, the specific objective of which is to prepare persons to enter gainful employment in a recognized occupation not designated as professional or requiring a baccalaureate or higher degree, provided that such program has been approved by the state board.)) (6) "State-funded course" shall be defined as any course reported by the college for state funding that is eligible for state funding under chapters 28.15 and 28B.50 RCW, Title 131 WAC and state board policy.

[Statutory Authority: Chapters 28B.15 and 28B.50 RCW. 95-13-070, 131-28-021, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 28B.15.502. 89-14-037 (Order 116, Resolution No. 89-16), 131-28-021, filed 6/29/89. Statutory Authority: RCW 28B.15.502 and 28B.15.740. 82-22-023 (Order 94, Resolution No. 82-37), 131-28-021, filed 10/26/82; Order 12, 131-28-020 (codified as 131-28-021), filed 7/22/71.]


AMENDATORY SECTION(Amending WSR 98-22-062, filed 11/2/98, effective 12/3/98)

WAC 131-28-025   Method of assessing tuition and fee charges.   (((1) For academic and occupational regular or short courses,)) Tuition and fees charged to students:

(((a))) (1) Shall be based upon the number of credits assigned to such courses as listed in the official and current catalog of the college, or for courses not given such credit designations, the number of credit equivalents as computed by the method for deriving such equivalents established by the state board.

(((b))) (2) Shall be assessed on a per-credit basis at uniform rates for resident and for nonresident students, respectively. Partial credits shall be assessed on a proportionate basis. The respective maximums charged to any resident or nonresident student shall not exceed the amount specified in chapter 28B.15 RCW.

(((c))) (3) Shall be assessed for part-time students, for each credit of registration or its equivalent, at the rate of one-tenth of the total combined tuition and services and activities fees charged to full-time students consistent with chapter 28B.15 RCW.

(((d))) (4) Shall include an additional operating fee for each credit in excess of eighteen at the rate of one-tenth of the tuition fee charged to full-time students.

(((e))) (5) Shall be no less than two times the amount of tuition and services and activities fees charged for one credit.

(((2) For student funded courses, fees charged to students:

(a) Shall be designated as a special fee, all revenue from which shall be used for the general operations and maintenance of the college;

(b) Shall be assessed at a rate sufficient to defray the direct and indirect costs of offering such courses.

(3) Nothing herein shall be construed to be a restriction on the right of the district board of trustees to assess additional noninstructional fees and special fees to cover unique instructional costs or expendable instructional materials related to any course offered by a college district.))

[Statutory Authority: Chapter 28.50 [28B.50] RCW. 98-22-062, 131-28-025, filed 11/2/98, effective 12/3/98. Statutory Authority: Chapters 28B.15 and 28B.50 RCW. 95-13-070, 131-28-025, filed 6/20/95, effective 7/21/95. Statutory Authority: RCW 28B.15.502 and 1992 c 231, 232 and 238. 92-14-033 (Order 139, Resolution No. 92-06-39), 131-28-025, filed 6/23/92, effective 7/24/92. Statutory Authority: RCW 28B.15.502. 89-14-037 (Order 116, Resolution No. 89-16), 131-28-025, filed 6/29/89. Statutory Authority: RCW 28B.15.502 and 28B.15.740. 82-22-023 (Order 94, Resolution No. 82-37), 131-28-025, filed 10/26/82. Statutory Authority: RCW 28B.15.500 as amended by chapter 257, Laws of 1981. 81-19-060 (Order 89, Resolution No. 81-65), 131-28-025, filed 9/14/81. Statutory Authority: Chapter 34.04 RCW and WAC 1-12-065. 78-07-064 (Order 71, Resolution No. 78-29), 131-28-025, filed 6/30/78; Order 39, 131-28-025, filed 6/27/75; Order 24, 131-28-025, filed 3/21/74; Order 12, 131-28-025, filed 7/22/71.]


AMENDATORY SECTION(Amending WSR 98-22-062, filed 11/2/98, effective 12/3/98)

WAC 131-28-02501   Waivers.   Community college boards may grant waivers from the standard tuition and fees rate for ungraded courses designated in WAC 131-28-026(3) and to students who qualify under a waiver created in Title 28B RCW.

Except for ungraded courses, colleges shall waive the building fee, services and activities fees, and operating fees in equal proportion.

Colleges may not impose conditions or eligibility criteria beyond that specified in this chapter, state board policy, or Title 28B RCW. Colleges may restrict the number of waivers granted.

Colleges may round the amount ((waived)) collected to the nearest dollar.

[Statutory Authority: Chapter 28.50 [28B.50] RCW. 98-22-062, 131-28-02501, filed 11/2/98, effective 12/3/98. Statutory Authority: Chapters 28B.15 and 28B.50 RCW. 95-13-070, 131-28-02501, filed 6/20/95, effective 7/21/95.]


NEW SECTION
WAC 131-28-029   Student funded course fees.   For student funded courses, fees charged to students:

(1) Shall be designated as a special fee, all revenue from which shall be used for the general operations and maintenance of the college;

(2) Shall be assessed at a rate sufficient to defray the direct and indirect costs of offering such courses.

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Washington State Code Reviser's Office