BILL REQ. #:  H-2516.1 

Read first time 04/09/11.   Referred to Committee on Ways & Means.

     AN ACT Relating to the functions of the higher education coordinating board; amending RCW 28B.76.020, 28B.76.070, 28B.76.230, 28B.76.290, and 28B.76.340; and repealing RCW 28B.76.210, 28B.76.240, 28B.76.2401, 28B.76.250, 28B.76.260, 28B.76.300, 28B.76.310, 28B.76.320, and 28B.76.335.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28B.76.020 and 2010 c 245 s 4 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Board" means the higher education coordinating board.
     (2) "Four-year institutions" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College.
     (((3) "Major expansion" means expansion of the higher education system that requires significant new capital investment, including building new institutions, campuses, branches, or centers or conversion of existing campuses, branches, or centers that would result in a mission change.
     (4) "Mission change" means a change in the level of degree awarded or institutional type not currently authorized in statute.))

Sec. 2   RCW 28B.76.070 and 1985 c 370 s 13 are each amended to read as follows:
     The board shall adopt bylaws and shall meet ((at least)) four times each year and at such other times as determined by the chair who shall give reasonable prior notice to the members.
     Board members are expected to consistently attend board meetings. The chair of the board may ask the governor to remove any member who misses more than two meetings in any calendar year without cause.

Sec. 3   RCW 28B.76.230 and 2010 c 245 s 5 are each amended to read as follows:
     (1) ((The board shall develop a comprehensive and ongoing assessment process to analyze the need for additional degrees and programs, additional off-campus centers and locations for degree programs, and consolidation or elimination of programs by the four-year institutions. Board recommendations regarding proposed major expansion shall be limited to determinations of whether the major expansion is within the scope indicated in the most recent strategic master plan for higher education or most recent system design plan. Recommendations regarding existing capital prioritization processes are not within the scope of the evaluation of major expansion. Major expansion and proposed mission changes may be proposed by the board, any public institution of higher education, or by a state or local government.
     (2) As part of the needs assessment process, the board shall examine:
     (a) Projections of student, employer, and community demand for education and degrees, including liberal arts degrees, on a regional and statewide basis;
     (b) Current and projected degree programs and enrollment at public and private institutions of higher education, by location and mode of service delivery;
     (c) Data from the workforce training and education coordinating board and the state board for community and technical colleges on the supply and demand for workforce education and certificates and associate degrees; and
     (d) Recommendations from the technology transformation task force created in chapter 407, Laws of 2009, and institutions of higher education relative to the strategic and operational use of technology in higher education. These and other reports, reviews, and audits shall allow for: The development of enterprise-wide digital information technology across educational sectors, systems, and delivery methods; the integration and streamlining of administrative tools including but not limited to student information management, financial management, payroll, human resources, data collection, reporting, and analysis; and a determination of the costs of multiple technology platforms, systems, and models.
     (3))) Every two years the board shall produce, jointly with the state board for community and technical colleges and the workforce training and education coordinating board, an assessment of the number and type of higher education and training credentials required to match employer demand for a skilled and educated workforce. The assessment shall include the number of forecasted net job openings at each level of higher education and training and the number of credentials needed to match the forecast of net job openings.
     (((4) The board shall determine whether certain major lines of study or types of degrees, including applied degrees or research-oriented degrees, shall be assigned uniquely to some institutions or institutional sectors in order to create centers of excellence that focus resources and expertise.
     (5))) (2) The following activities are subject to approval by the board:
     (a) New degree programs by a four-year institution;
     (b) Creation of any off-campus program by a four-year institution;
     (c) Purchase or lease of major off-campus facilities by a four-year institution or a community or technical college;
     (d) Creation of higher education centers and consortia;
     (e) New degree programs and creation of off-campus programs by an independent college or university in collaboration with a community or technical college; and
     (f) Applied baccalaureate degree programs developed by colleges under RCW 28B.50.810.
     (((6))) (3) Institutions seeking board approval under this section must ((demonstrate that the proposal is justified by the needs assessment developed under this section. Institutions must also)) demonstrate how the proposals align with or implement the statewide strategic master plan for higher education under RCW 28B.76.200.
     (((7))) (4) The board shall develop clear guidelines and objective decision-making criteria regarding approval of proposals under this section, which must include review and consultation with the institution and other interested agencies and individuals.
     (((8))) (5) The board shall periodically recommend consolidation or elimination of programs at the four-year institutions, based on ((the needs assessment analysis)) alignment with the strategic master plan in RCW 28B.76.200.
     (((9) In the case of a proposed major expansion or mission change, the needs assessment process under subsection (2) of this section constitutes a threshold inquiry. If the board determines that the need for the proposed major expansion or mission change has not been justified, the inquiry is concluded. If the board determines that the need for the proposed major expansion or mission change has been sufficiently established, the board, in consultation with any directly involved institutions and other interested agencies and individuals, shall proceed to examine the viability of the proposal using criteria including, but not limited to:
     (a) The specific scope of the project including the capital investment requirements, the number of full-time equivalent students anticipated, and the number of academic programs planned;
     (b) The existence of an efficient and sustainable financial plan;
     (c) The extent to which existing resources can be leveraged;
     (d) The current and five-year projected student population, faculty, and staff to support the proposed programs, institution, or innovation;
     (e) The plans to accommodate expected growth over a twenty-year time frame;
     (f) The extent to which new or existing partnerships and collaborations are a part of the proposal; and
     (g) The feasibility of any proposed innovations to accelerate degree production.
     (10) After the board completes its evaluation of the proposed major expansion or mission change using the needs assessment under subsection (2) of this section and viability determination under subsection (9) of this section, the board shall make a recommendation to either proceed, modify, or not proceed with the proposed major expansion or mission change. The board's recommendation shall be presented to the governor and the legislature.))

Sec. 4   RCW 28B.76.290 and 1993 c 77 s 2 are each amended to read as follows:
     The board shall coordinate educational activities among all segments of higher education taking into account the educational programs, facilities, and other resources of both public and independent two and four-year colleges and universities. The four-year institutions and the state board for community and technical colleges shall coordinate information and activities with the board. The board shall have the following additional responsibilities:
     (1) Promote interinstitutional cooperation;
     (2) ((Establish minimum admission standards for four-year institutions, including a requirement that coursework in American sign language or an American Indian language shall satisfy any requirement for instruction in a language other than English that the board or the institutions may establish as a general undergraduate admissions requirement;
     (3))) Establish transfer policies;
     (((4))) (3) Adopt rules implementing statutory residency requirements;
     (((5))) (4) Develop and administer reciprocity agreements with bordering states and the province of British Columbia;
     (((6))) (5) Review and recommend compensation practices and levels for administrative employees, exempt under chapter 28B.16 RCW, and faculty using comparative data from peer institutions;
     (((7))) (6) Monitor higher education activities for compliance with all relevant state policies for higher education;
     (((8))) (7) Arbitrate disputes between and among four-year institutions or between and among four-year institutions and community colleges at the request of one or more of the institutions involved, or at the request of the governor, or from a resolution adopted by the legislature. The decision of the board shall be binding on the participants in the dispute;
     (((9))) (8) Establish and implement a state system for collecting, analyzing, and distributing information;
     (((10))) (9) Recommend to the governor and the legislature ways to remove any economic incentives to use off-campus program funds for on-campus activities; and
     (((11))) (10) Make recommendations to increase minority participation, and monitor and report on the progress of minority participation in higher education.

Sec. 5   RCW 28B.76.340 and 2010 c 235 s 508 are each amended to read as follows:
     (1) The board must establish boundaries for service regions for institutions of higher education as defined in RCW 28B.10.016 implementing professional educator standards board-approved educator preparation programs. Regions shall be established to encourage and support, not exclude, the reach of public institutions of higher education across the state.
     (2) ((Based on the data in the assessment in RCW 28B.76.230 and 28B.76.335,)) The board shall determine whether reasonable teacher preparation program access for prospective teachers is available in each region. If access is determined to be inadequate in a region, the institution of higher education responsible for the region shall submit a plan for meeting the access need to the board.
     (3) Partnerships with other teacher preparation program providers and the use of appropriate technology shall be considered. The board shall review the plan and, as appropriate, assist the institution in developing support and resources for implementing the plan.

NEW SECTION.  Sec. 6   The following acts or parts of acts are each repealed:
     (1) RCW 28B.76.210 (Budget priorities and levels of funding--Guidelines for institutions -- Review and evaluation of budget requests--Recommendations) and 2010 c 245 s 10, 2008 c 205 s 4, 2007 c 458 s 202, 2004 c 275 s 7, 2003 c 130 s 3, 1997 c 369 s 10, 1996 c 174 s 1, 1993 c 363 s 6, & 1985 c 370 s 4;
     (2) RCW 28B.76.240 (Statewide transfer and articulation policies) and 2004 c 275 s 10, 1998 c 245 s 23, 1985 c 370 s 27, & 1983 c 304 s 1;
     (3) RCW 28B.76.2401 (Statewide transfer of credit policy and agreement -- Requirements) and 2004 c 55 s 5 & 1983 c 304 s 2;
     (4) RCW 28B.76.250 (Transfer associate degrees -- Work groups--Implementation -- Progress reports) and 2004 c 55 s 2;
     (5) RCW 28B.76.260 (Statewide system of course equivalency -- Work group) and 2004 c 55 s 3;
     (6) RCW 28B.76.300 (State support received by students--Information) and 2004 c 275 s 14, 1997 c 48 s 1, & 1993 c 250 s 1;
     (7) RCW 28B.76.310 (Development of methods and protocols for measuring educational costs -- Schedule of educational cost study reports) and 2004 c 275 s 15, 1995 1st sp.s. c 9 s 7, 1992 c 231 s 5, & 1989 c 245 s 3;
     (8) RCW 28B.76.320 (Board to transmit amounts constituting approved educational costs) and 2004 c 275 s 16, 1995 1st sp.s. c 9 s 6, & 1989 c 245 s 4; and
     (9) RCW 28B.76.335 (Teacher preparation degree and certificate programs -- Needs assessment) and 2010 c 235 s 507 & 2007 c 396 s 17.