WSR 09-06-046

PERMANENT RULES

STATE BOARD FOR COMMUNITY

AND TECHNICAL COLLEGES

[ Filed February 25, 2009, 2:33 p.m. , effective March 28, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Change the definition of "needy student" to cite RCW 28B.92.030(3). The current definition cites language from a previous version of the statute. Change the word "and" to "or" in the list of how funds shall be used. This language is cited directly from statute. Change the number of credit hours from "six or more" to "at least three" to match language cited from the statute. Correct the citation for the definition of a "uniform methodology" to WAC 131-36-050(2).

Citation of Existing Rules Affected by this Order: Amending chapter 131-36 WAC.

Statutory Authority for Adoption: RCW 28B.15.820.

Adopted under notice filed as WSR 09-01-043 on December 10, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

Date Adopted: February 25, 2009.

DelRae Oderman

Executive Assistant

Rules Coordinator

OTS-2080.1


AMENDATORY SECTION(Amending WSR 98-15-012, filed 7/2/98, effective 8/2/98)

WAC 131-36-050   Definitions.   For the purposes of chapter 131-36 WAC, the following definitions shall apply:

(1) "Fund" shall mean the institutional financial aid fund established by RCW 28B.15.820.

(2) "Current federal methodology" shall mean the method of determining financial need as prescribed by the United States Department of Education.

(3) "NELA" shall mean Northwestern Education Loan Association, a private student loan guaranteeing association authorized to guarantee educational loans in Washington granted pursuant to 20 U.S. Code Section 1071.

(4) "Operational" shall mean that the institution has been approved as a lender and is eligible to provide loans guaranteed by NELA.

(5) "Needy student" ((shall mean any post high school student who demonstrates the financial inability to meet the cost of attending college using current federal methodology (RCW 28B.10.802))) is defined in RCW 28B.92.030(3).

(6) "Other institutional financial aid" shall be defined as locally administered, need-based institutional employment, tuition and fee scholarships, or grants.

[Statutory Authority: Chapter 28B.50 RCW. 98-15-012, 131-36-050, filed 7/2/98, effective 8/2/98. Statutory Authority: 1981 c 257. 81-19-113 (Order 90, Resolution 81-66), 131-36-050, filed 9/23/81.]


AMENDATORY SECTION(Amending WSR 98-15-012, filed 7/2/98, effective 8/2/98)

WAC 131-36-055   Use of fund.   Moneys in this fund shall be used for student financial aid:

(1) Long-term loans;

(2) Short-term loans; ((and)) or

(3) Locally administered need-based grants, tuition scholarships and institutional employment programs for needy, resident students. The moneys in this fund shall not be used for college operating expenses.

[Statutory Authority: Chapter 28B.50 RCW. 98-15-012, 131-36-055, filed 7/2/98, effective 8/2/98.]


AMENDATORY SECTION(Amending WSR 98-15-012, filed 7/2/98, effective 8/2/98)

WAC 131-36-100   Eligibility.   (1) Long-term loans and other institutional financial aid to needy students shall be made only to students who qualify as residents under RCW 28B.15.012 and 28B.15.013 and are enrolled for ((six or more)) at least three credit hours of instruction or the equivalent.

(2) Priorities for use of other institutional financial aid shall be given to:

(a) Needy students who have accumulated excessive educational loan burdens;

(b) Needy single parents for educational expenses, including child care and transportation; and

(c) Other eligible needy students.

(3) Short-term loans may be made to any student enrolled in the institution.

(4) For long-term and short-term loans, institutions must have ample evidence that students have the capability of repaying the loan within the time frame specified by the institution.

(5) No individual shall be eligible for long-term loans, short-term loans or other institutional financial aid for needy students if currently in default or delinquent in the payment on any educational loan or who owes a repayment on any federal or state grant.

[Statutory Authority: Chapter 28B.50 RCW. 98-15-012, 131-36-100, filed 7/2/98, effective 8/2/98. Statutory Authority: 1981 c 257. 81-19-113 (Order 90, Resolution 81-66), 131-36-100, filed 9/23/81.]


AMENDATORY SECTION(Amending WSR 98-15-012, filed 7/2/98, effective 8/2/98)

WAC 131-36-150   Limitation on amount.   (1) No long-term or short-term loan shall be made from the fund that exceeds either the demonstrated financial need of an eligible student or the maximum allowed under the federal guaranteed need-based loan program.

(2) All long-term loans granted from the fund for periods in excess of one academic quarter shall be disbursed in quarterly installments through proration of the total loan amount.

(3) For purposes of this section, demonstrated financial need shall be the amount determined by application of uniform methodology as defined by WAC 131-36-050(((3)))(2).

[Statutory Authority: Chapter 28B.50 RCW. 98-15-012, 131-36-150, filed 7/2/98, effective 8/2/98. Statutory Authority: 1981 c 257. 81-19-113 (Order 90, Resolution 81-66), 131-36-150, filed 9/23/81.]

Washington State Code Reviser's Office