Washington Administrative Code Title 250 - Student Achievement Council
I. Overview and Purpose of WAC Title 250
WAC Title 250 contains the administrative rules adopted by the Washington Student Achievement Council (WSAC). These rules implement state laws governing:
State financial aid and scholarship programs
Higher-education planning and coordination
Authorization and regulation of degree-granting institutions
Residency determinations for tuition purposes
Accountability, compliance, and enforcement mechanisms
The Council’s authority to adopt these rules comes from statutes in the Revised Code of Washington (RCW), particularly those addressing higher education and financial aid. Under Washington law, administrative rules adopted in compliance with the Administrative Procedure Act (APA) have the force of law.
II. Legal Authority and Administrative Framework
A. Rulemaking Authority
The Washington Legislature delegates authority to WSAC to administer higher-education programs.
WAC Title 250 rules are the implementation mechanism for those statutes.
Rules must remain within statutory authority; otherwise, they are invalid.
B. Relationship Between RCW and WAC
RCW = policy decisions made by the Legislature
WAC = detailed operational rules adopted by the agency
If a WAC rule conflicts with an RCW statute, the statute controls.
III. Structure of WAC Title 250
Title 250 is divided into chapters, each addressing a distinct regulatory area.
1. State Financial Aid and Scholarship Programs
These chapters define:
Eligibility requirements
Student obligations
Institutional responsibilities
Administrative oversight
Key programs include:
Washington College Grant
College Bound Scholarship
State Work Study
Opportunity and Promise scholarships
Rules typically address income thresholds, enrollment status, satisfactory academic progress, overpayments, and consequences for false information.
2. Degree-Granting Institutions Act (Authorization & Oversight)
This chapter governs:
Authorization to offer degrees in Washington
Standards for academic quality, facilities, and student services
Exemptions (e.g., certain religious institutions)
Teach-out and student protection requirements
Institutions must:
Obtain authorization before operating
Maintain compliance with program standards
Notify the Council of closures or major changes
Failure to comply may result in:
Revocation of authorization
Fines or corrective actions
Orders to protect enrolled students
3. Residency for Tuition Purposes
Rules define:
What constitutes residency in Washington
Documentation requirements
Special categories (e.g., military members, dependents, certain non-citizens)
Residency determinations directly affect tuition rates and financial aid eligibility.
4. Administrative and Procedural Rules
These include:
Public records procedures
Delegation of authority to staff
Audit and compliance reviews
Reporting requirements
IV. Common Regulatory Features Across Title 250
A. Definitions Sections
Each chapter begins with definitions that strictly control interpretation. Courts treat these definitions as binding unless ambiguous or inconsistent with statute.
B. Eligibility and Compliance
Rules often require:
Accurate and complete information from students and institutions
Maintenance of records for audit purposes
Timely reporting of changes affecting eligibility
Misrepresentation can result in:
Repayment obligations
Loss of eligibility
Administrative penalties
C. Enforcement Authority
WSAC may:
Conduct audits and reviews
Suspend or terminate program participation
Require repayment of improperly awarded funds
Refer matters for further enforcement if fraud is suspected
V. Administrative Review and Due Process
A. Administrative Procedure Act (APA)
Actions taken under WAC Title 250 are subject to the Washington APA, which requires:
Lawful authority
Reasoned decision-making
Fair procedures
Affected parties may seek:
Internal administrative review (if provided by rule)
Judicial review in state court
B. Standard of Judicial Review
Courts generally examine whether:
The agency exceeded its statutory authority
The rule or decision was arbitrary or capricious
The agency misinterpreted the law
Constitutional rights were violated
Agencies receive some deference, but not unlimited deference.
VI. Case Law Context (Relevant but Limited)
There is very little appellate case law interpreting specific provisions of WAC Title 250. However, broader legal principles apply.
A. Locke v. Davey (U.S. Supreme Court, 2004)
This case upheld Washington’s authority to limit state scholarship funds for certain academic programs. Key principles relevant to WAC Title 250 include:
States have broad discretion in structuring state-funded financial aid programs
Scholarship eligibility criteria may be more restrictive than federal constitutional minimums
Financial aid programs are viewed as policy choices, not entitlements
Although the case did not interpret WAC Title 250 directly, it supports the Council’s authority to define eligibility criteria within statutory bounds.
B. Washington Administrative Law Principles
Washington courts consistently hold:
Agencies may not expand their authority through rulemaking
Rules must be consistent with legislative intent
Individuals are entitled to procedural fairness when benefits are denied or revoked
These principles govern disputes involving Title 250 even in the absence of direct case law.
VII. Practical Applications
Example 1: Financial Aid Misallocation
If a college awards state grants incorrectly:
The Council may require repayment
The institution may face corrective action
Continued violations may affect program participation
Example 2: Unauthorized Degree Program
If an institution offers degrees without authorization:
The Council may order cessation
Students must be protected through teach-out plans
Civil penalties may apply
Example 3: False Student Information
If a student knowingly provides false eligibility data:
Aid may be revoked
Repayment may be required
Additional penalties may apply under state law
VIII. Key Takeaways
WAC Title 250 is the regulatory backbone for Washington’s higher-education financial aid and institutional oversight system.
The rules carry the force of law but must stay within statutory authority.
Enforcement actions are reviewable under the Administrative Procedure Act.
Although direct case law is limited, constitutional and administrative law principles strongly shape how the rules are applied.
Courts generally allow the state discretion in administering scholarships and regulating institutions, so long as due process and statutory limits are respected.
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