WSR 02-22-085

PROPOSED RULES

HIGHER EDUCATION

COORDINATING BOARD

[ Filed November 5, 2002, 2:58 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-19-089.

     Title of Rule: Chapter 250-69 WAC, Community scholarship foundation demonstration project.

     Purpose: To amend the rules by detailing priorities for the awarding of the matching grant.

     Statutory Authority for Adoption: Chapters 28B.240 and [28B].370 RCW.

     Statute Being Implemented: Section 611 (7)(g), chapter 7, Laws of 2001 2nd sp.s. ESSB 6153 - Operating Budget.

     Summary: To officially adopt current administrative procedures resulting from a significantly increased appropriation.

     Reasons Supporting Proposal: Program exists through a very limited budget proviso. The amended rules provide a public record of how the board currently administers the program.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Betty Gebhardt, 917 Lakeridge Way, Olympia, WA 98504, (360) 753-7852.

     Name of Proponent: Higher Education Coordinating Board, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The amended rules are designed to explain current administrative procedures that have been developed with the assistance of a program advisory group. These revised priorities for awarding the matching grants came about in response to a significantly increased appropriation.

     Proposal Changes the Following Existing Rules: The substantive changes include deleting reference to the program as a demonstration project. The program has been in existence for well over ten years now and is no longer referred to in the budget language as a "demonstration" project. The budget language now permits an organization to qualify for more than one grant, so these rules include this change. And, there are now three priorities for awarding the matching grants - new organizations that have not previously received the grant; previously awarded organizations pledging new fund raising for permanent irrevocable endowment scholarship accounts; and previously awarded organizations wishing to give out additional scholarships.

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

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Higher Education Coordinating Board, 3rd Floor Conference Room, 917 Lakeridge Room, Olympia, WA 98504, on January 7, 2003, at 9 a.m. to 12 p.m.

     Assistance for Persons with Disabilities: Contact Belma Villa by January 2, 2003, TDD (360) 753-7809 or (360) 753-7800.

     Submit Written Comments to: Betty Gebhardt, Associate Director, Higher Education Coordinating Board, P.O. Box 43430, Olympia, WA 98504-3430, fax (360) 704-6252, by January 7, 2003.

     Date of Intended Adoption: February 4, 2003.

November 5, 2002

Betty Gebhardt

Associate Director

OTS-6019.1

Chapter 250-69 WAC

COMMUNITY SCHOLARSHIP ((FOUNDATION DEMONSTRATION PROJECT)) MATCHING GRANT PROGRAM


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-010   Purpose.   The purpose of the community scholarship ((foundation demonstration project)) matching grant program is to provide ((one-time)) two thousand dollar state-funded matching awards as an incentive to Washington community scholarship foundations to raise money and award scholarships to community residents who wish to pursue higher education. The community scholarship ((foundation)) matching grant program encourages community organizations to generate local dollars to complement efforts funded by the state. In making awards, ((priority shall be given to new organizations formed after the date of this act)) preference will be given to organizations affiliated with the citizens' scholarship foundation. An organization may receive more than one two thousand dollar matching grant per biennium.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-010, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-020   Authority to administer.   As defined in RCW 28B.80.240, the higher education coordinating board is charged with the administration of ((demonstration projects designed to prepare and assist persons to obtain a higher education in this state (as defined by RCW 28B.80.180))) any state program or state administered federal program of student financial aid now or hereafter established.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-020, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-030   Program definitions.   (1) "Matching award" means the state appropriated funding for ((one-time)) two thousand dollar grants available to selected eligible community scholarship foundations that raise at least two thousand dollars for student scholarships.

     (2) "Community scholarship foundation" means a nonprofit, tax exempt 501 (c)(3) Internal Revenue Service Code, community-based organization, formed in part or in full for the purpose of providing higher education scholarships for local residents.

     (3) "Higher education scholarship program" means a program which would provide awards to community residents to attend institutions of higher education in Washington state.

     (4) "Washington institutions of higher education" or "institution" means a degree-granting college or university in the state of Washington ((which is a member institution of an accrediting association recognized by rule of the board for the purposes of this chapter, or a Washington public vocational-technical institute)) 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:

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

     (b) The Accrediting Bureau of Health Education Schools;

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

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

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

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

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

     (h) The New England Association of Schools and Colleges;

     (i) The North Central Association of Colleges and Schools;

     (j) The Southern Association of Colleges and Schools;

     (k) The Western Association of Schools and Colleges.

     (5) "Board" means the higher education coordinating board. When a duty or responsibility of the board is referenced in this chapter, the authority needed to discharge that responsibility lies with the executive director or his or her designee.

     (6) "Washington resident" means a resident as defined in RCW ((28B.15.011 through 28B.15.013 and in board adopted rules and regulations pertaining to the determination of residency)) 28B.15.012 (2)(a) through (d) and board adopted rules and regulations pertaining to the determination of Washington state residency.

     (7) "New money" means funds raised during a twelve-month period designated and described in the annual program application. These funds cannot include interest income from endowments or interest from other funds raised previous to July 1 of the year of application.

     (8) "Permanent and irrevocable scholarship endowment fund" means contributions received and deposited into an investment fund with the permanent purpose of using only the interest earnings from the principal of the contribution for the scholarships.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-030, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-040   Eligibility criteria.   To be eligible to apply for a matching award a community organization must:

     (1) Have or establish a higher education scholarship program and, ((after June 30, 1989)) during a twelve-month period designated and described in the annual application, raise at least two thousand dollars in new money for student scholarships;

     (2) Obtain and maintain tax exempt status under section 501 (c)(3) of the Internal Revenue Code for the fund supporting the student scholarship program;

     (3) Award student scholarships without regard to age, sex, marital status, race, creed, color, religion, national origin, or the presence of any mental, sensory, or physical handicap; and

     (4) ((Have not previously received a matching award from this program.)) If the recipient of the matching grant is a college foundation, agree to award student scholarships funded by the grant and the matching money only to graduating students for the specific purpose of continuing their higher education. College foundations must be registered with the attorney general's office under the Charitable Trust Act, chapter 11.110 RCW.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-040, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-050   Application procedure.   Community organizations ((which meet)) meeting eligibility criteria will be considered for selection after they complete an application for the matching award on a form provided by the higher education coordinating board.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-050, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-060   Selection criteria.   Community organizations which meet the eligibility criteria in ((section 040 above)) WAC 250-69-040 and have raised two thousand dollars in new money during the twelve-month period designated and described in the annual application will be selected for a matching award, ((during the demonstration period,)) in the following priority order((:

     (1) Organizations which after June 30, 1989, begin a higher education scholarship program, establish a nonprofit, tax exempt 501 (c)(3) Internal Revenue Service Code scholarship foundation, and raise two thousand dollars to be used for student scholarships.

     (2) Organizations which have had prior scholarship programs but reorganize after June 30, 1989, to meet the eligibility criteria of the demonstration project and raise two thousand dollars to be used for student scholarships.

     (3) Organizations which had scholarship programs and met the eligibility criteria of the program prior to June 30, 1989, and raise an additional two thousand dollars for student scholarships after June 30, 1989.

     Among applying organizations, those which (a) solicit broad-based community support in their fund-raising activities and are representative of the community in their structure; (b) conduct fund-raising activities with volunteers and not with paid or contracted fund raisers; and (c) have a primary focus of awarding scholarships to Washington residents attending Washington institutions of higher education shall be given preference when the number of organizations applying exceeds available matching award funds)). Preference is given to those organizations affiliated with citizens' scholarship foundation.

     Priority 1: Eligible organizations that have not previously received the matching grant.

     Priority 2: Recipients of the matching grant in previous years that agree to raise new money and place that money and the matching grant into a permanent and irrevocable scholarship endowment fund.

     Priority 3: Recipients of the matching grant in previous years that agree to raise new money for student scholarships.

     When the number of organizations applying exceeds available matching award funds, those which:

     (1) Solicit broad-based community support in their fund-raising activities and are representative of the community in their structure;

     (2) Conduct fund-raising activities with volunteers and not with paid or contracted fund raisers; and

     (3) Have primary focus of awarding scholarships to Washington residents attending Washington institutions of higher education shall be given further preference.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-060, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-070   Award amount.   The community scholarship foundation matching award is a ((one-time)) two thousand dollar grant based on available funding.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-070, filed 4/5/90, effective 5/6/90.]


AMENDATORY SECTION(Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90)

WAC 250-69-090   Reporting requirements.   Community organizations will submit, on a form provided by the board, reports of scholarships awarded from their two thousand dollar contribution and the two thousand dollar matching award. Reporting information will include, but is not limited to, recipients names and addresses, scholarship amounts and the higher education institution the recipient plans to attend. Or if the organization receives an endowment matching grant, a report indicating the endowment account number, name, the amount of the matching grant and the community match deposited along with a copy of the deposit receipt from the financial institution.

[Statutory Authority: RCW 28B.80.180. 90-09-003, § 250-69-090, filed 4/5/90, effective 5/6/90.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 250-69-110 Duration of demonstration project.

© Washington State Code Reviser's Office