The NCAA Division II Management Council, pursuant to its authority per NCAA Constitution 5.4.1.1.1, has determined that the following proposal is consistent with the intent of the membership in adopting the original legislation and that sufficient documentation and testimony exists to establish clearly that the original wording of the legislation was inconsistent with that intent.

The Division II Management Council, by a two-thirds majority of its members present and voting, shall have the authority to recommend intent-based legislation, subject to ratification by the Division II Presidents Council. Any proposal ratified by the Presidents Council shall be effective as of the date identified in the proposal, published in The NCAA News and submitted by the Presidents Council as legislation at the 2003 NCAA Convention.

The item has been approved by the Management Council and Presidents Council in concept, but has not yet been approved in legislative form. The page number in the proposal refers to the 2002-03 NCAA Division II Manual.

Bold type indicates new wording; italicized type indicates wording removed.

Financial Aid -- Definitions and Applications -- Exempted Institutional Financial Aid

Intent: To clarify that only out-of-state tuition waivers awarded by public institutions are tuition waivers exempted from counting as institutional financial aid.

Bylaws: Amend 15.02.4.3-(e), page 143, as follows:

"15.02.4.3 Exempted Institutional Financial Aid. The following institutional financial aid is exempt and is not counted in determining a student-athlete's full grant-in-aid or cost of attendance, or in the institution's financial aid limitations:

[15.02.4.3-(a) through 15.02.4.3-(d) unchanged.]

"(e) For a public institution, out-of-state Tuition waivers awarded solely on bases having no relationship to athletics ability; and

[15.02.4.3-(f) unchanged.]

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*