AN ACT Relating to vocational education; amending RCW 28C.04.020; adding new sections to chapter 28C.04 RCW; creating new sections; repealing RCW 28C.04.030, 28C.04.040, 28C.04.050, 28C.04.090, 28C.04.150, 28C.04.300, 28C.04.310, and 43.131.288; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that there is need for an improved system for coordination and planning to improve the quality and availability of vocational education and training for secondary and postsecondary students. An office of education is necessary to provide clear planning, program approval, needs assessment, review authority, and assistance and service to providers.

NEW SECTION. Sec. 2. The commission for vocational education is redesignated the office of education. All references to the commission for vocational education in the Revised Code of Washington shall be construed to mean the office of education.

NEW SECTION. Sec. 3. The office of education shall provide planning, coordination, monitoring, and policy analysis for vocational education in cooperation with the superintendent of public instruction, the state board for community college education, and other entities providing vocational education. The office shall establish state-wide goals, objectives, and priorities for vocational education.

NEW SECTION. Sec. 4. (1) The director of the office of education shall be appointed by the governor with the consent of the senate and shall serve at the pleasure of the governor.

(2) The director shall be paid a salary fixed by the governor under RCW 43.03.040.

(3) The director may appoint such clerical and other assistants as may be necessary to carry on the work of the office and may deputize one or more of such assistants to perform duties in the name of the director.

NEW SECTION. Sec. 5. The office of education shall have the following powers and duties to:

(1) Conduct comprehensive needs assessments to determine present and future economic and vocational education needs in the state of Washington. The needs assessments shall include but not be limited to studying: The need for vocational training in the state and in particular geographic areas according to job type; methods for enhancing the economic system; the basic and continuing education needs of selected age groups, business, industrial, agricultural, and other needs for job entry, retraining, and continuing education; demographic, social, and economic trends to project current and possible future vocational education needs; the special needs of minorities, women, and the handicapped; the patterns of vocational enrollment in the secondary and postsecondary systems and the flow of students between systems; the need for cooperative or contractual arrangements to provide specific types of training in underserved areas; and such other information and data as may be necessary to provide a substantive assessment of the vocational education needs of the state.

(2) Engage in overall planning for vocational education in the state. The office of education's planning process shall culminate in the form of a plan for vocational education or a series of planning recommendations, as the office determines. The plan or planning recommendations shall meet any federal requirements for such a document under the Carl D. Perkins vocational educational act of 1984, as amended, and shall address the economic and employment needs of the state to be served by vocational education, contain an assessment of how these needs are being and should be met, define priorities among these needs, and specify the resources necessary to meet them. In its planning, the office of education shall consider but not be limited to policies concerning cooperative and consortial arrangements for delivery of vocational education, including those with the private sector; programs and procedures for minority, women, and handicapped students; program need; and institutional resource and facilities requirements. Before adopting the state plan or planning recommendations, the office of education shall request comments from persons involved with secondary education, the higher education coordinating board, the council on vocational education, and the job training programs and the legislature. The office of education's plan or planning recommendations shall be presented to the governor and legislature, and the schools, institutes, and colleges, no later than January 1, 1987. The office of education shall review the plan or planning recommendations at least each two years, and revise or modify the plan or planning recommendations as required, and report these findings to the legislature accordingly.

(3) Develop explicit biennial objectives and policy recommendations for the improvement of vocational education in the state. The objectives and policy recommendations shall address particular programs and stages consistent with state fiscal planning periods and be presented for legislative and executive consideration and action.

(4) Coordinate vocational education in the state of Washington, establish procedures for the review and approval or disapproval of proposals for new programs, proposals to terminate programs, skill centers and other consortial or cooperative programming. Any common school or community college district, the superintendent of public instruction, the state board for community college education, nonpublic educational institutions or agencies, or other interested parties shall be afforded the opportunity to comment upon any new programs or facilities proposed. The operations of private sector vocational education programs and facilities shall be considered in these review and approval processes. The office of education, subject to dispute resolution procedures which the office of education shall adopt by rule, shall make the final determination on any dispute arising out of the program proposals. The decision of the office of education shall be binding on all parties. The office of education shall adopt rules for the operation of vocational education consortia; promote interdistrict, interinstitutional, and intersector cooperation and sharing; review vocational education budget requests for conformance with the state vocational education plan or planning recommendations; and develop and present a list of state vocational education budget priorities to the governor and legislature each biennium.

(5) Collect and disseminate to interested individuals, in cooperation with and through any agencies of federal, state, and local government, information concerning areas of present and projected employment needs, programs of skills training and education consistent therewith, and any other relevant information.

(6) Apply for, use, and accept grants from other federal, state, and local agencies for the purposes of meeting funding requirements and to facilitate the purposes of RCW 28C.04.420 through 28C.04.480.

(7) Help identify, upon the request of business and industry, those educational institutions that could provide the training services sought by business and industry and to identify any existing programs that could serve the particular needs of business and industry.

(8) Provide job skills grants to educational institutions to facilitate the development of programs of job skills training and education consistent with employment needs.

(9) Work cooperatively with the employment security department to enhance and update the state's occupational information system and the state's career information system.

(10) Adopt rules to carry out its powers and duties for the job skills program.

(11) Be the sole agency for the receipt and allocation of federal funds for vocational education and the office of education is hereby designated as the sole state agency for the purpose of federal statutes. The office of education shall conduct performance evaluations of every state-approved vocational program at least once every five years to ensure compliance with the state plan or planning recommendations. The office of education shall be the state liaison with the federal government for the state plan or planning recommendations for vocational education.

(12) Develop a consistent and reliable data base on vocational education enrollments, costs, and program activities in this state. The data shall be reported annually to the ways and means committees of the senate and house of representatives.

(13) Have responsibility for administration and application of the educational services registration act, chapter 28B.05 RCW.

(14) Adopt rules as necessary to comply with the intent of this chapter in accordance with chapter 34.04 RCW, the administrative procedure act, and adopt such bylaws as necessary to conduct the business of the office of education.

NEW SECTION. Sec. 6. (1) Each local education agency or community college district offering vocational educational programs under the overall jurisdiction of the office of education and the state plan or planning recommendations shall establish a local advisory committee to provide that agency or district with advice on current job needs and on the courses necessary to meet these needs. In addition, local program and craft advisory committees shall be established for each craft or program area offered, except where evidence is provided to and approved by the office of education that a general or combined committee would be more appropriate.

(2) The office of education shall establish rules governing the composition and functions of these committees, and shall include within these the requirements that local program committees shall:

(a) Participate in the determination of program goals;

(b) Review and evaluate program curricula, equipment, and effectiveness; and

NEW SECTION. Sec. 7. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission for vocational education shall be delivered to the custody of the office of education. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission for vocational education shall be made available to the office of education. All funds, credits, or other assets held by the commission for vocational education shall be assigned to the office of education.

Any appropriations made to the commission for vocational education shall, on the effective date of this act, be transferred and credited to the office of education.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 8. Employees of the commission for vocational education, except the director and deputy director, engaged in performing the powers, functions, and duties transferred to the office of education are transferred to the jurisdiction of the office of education. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of education to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 9. All rules and all pending business before the commission for vocational education shall be continued and acted upon by the office of education. All existing contracts and obligations shall remain in full force and shall be performed by the office of education.

NEW SECTION. Sec. 10. The transfer of the powers, duties, functions, and personnel of the commission for vocational education shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 11. If apportionments of budgeted funds are required because of the transfers directed by sections 7 through 10 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 12. Nothing contained in sections 7 through 11 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 13. Section 2, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.020 are each amended to read as follows:

As used in this chapter the following definitions shall apply:

(1) ((~~"Commission" shall~~)) "Office" means the ((~~commission for vocational~~)) office of education.

(2) "Secondary education system" shall mean those educational courses and programs, within the jurisdiction of the superintendent of public instruction, being offered in the common schools of the state of Washington in the grades 7 through 12, or any part thereof, which are traditionally provided for the purpose of granting a recognized certificate of completion or a high school diploma: PROVIDED, That notwithstanding the provisions of this chapter and RCW 28B.50.140(1), existing vocational-technical institutes operating within the secondary school system shall continue to function within the common school system.

(3) "Postsecondary education system" shall mean those educational courses and programs, not within the jurisdiction of the superintendent of public instruction, being offered beyond secondary education by institutions of higher education in the state of Washington to those who hold a certificate of completion or high school diploma which includes academic, vocational, technical or professional training traditionally leading to an associate, baccalaureate or higher degree or a certificate of achievement.

(4) "Vocational education" shall mean a planned series of learning experiences, the specific objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations, including consumer education and homemaking, home and family life programs, and volunteer fire fighting training, which are not designated as professional or requiring a baccalaureate or higher degree.

(5) "State plan" shall mean the Washington state plan for vocational education, adopted as required by Public Law ((~~88-210~~)) 98-524 as amended, and other federal congressional and administrative directives pertaining to vocational education, and shall be the single comprehensive plan which provides approval standards for vocational education operated in or by community colleges, common schools, area nongraded vocational-technical institutes, occupational skill centers, state institutions, private proprietary and parochial schools, on-the-job training facilities or any other training location where local, state or federal vocational funds are allocated: PROVIDED, That standards of, rules and regulations for, and supervision of indentured apprenticeship in the apprenticeable crafts shall continue to be governed by the director of labor and industries and the state apprenticeship council in accordance with chapter 49.04 RCW.

(6) "Vocational-technical institute" shall mean a specialized area nongraded vocational education facility established and operated for the purpose of offering comprehensive courses primarily oriented to the job market area in vocational education for persons sixteen years of age and older without regard to residence, pursuant to laws and rules and regulations pertaining to the maintenance, operation, and capital funding of vocational-technical institutes: PROVIDED, That service areas for common school vocational-technical institutes shall be defined specifically by the ((~~commission~~)) office, recognizing areas traditionally served.

(7) "((~~Advisory~~)) Council" means the ((~~advisory~~)) council ((~~for~~)) on vocational education established within this state pursuant to ((~~20 USCA 1244B~~)) Public Law 98-524.

NEW SECTION. Sec. 14. (1) There is hereby created a Washington state council on vocational education, hereinafter referred to as the "council" in accordance with the requirements of section 112, Public Law 98-524 known as the "Carl D. Perkins Vocational Education Act." The council shall consist of thirteen members appointed by the governor, who shall be individuals broadly representative of citizens and organizations within the state having an interest in vocational education. The members appointed shall include:

(a) Seven individuals who are representative of the private sector as follows:

(i) Five shall be representative of business, industry, and agriculture, including one member who is a representative of small business and one member who is from the private sector and active in job training programs; and

(ii) Two individuals who are representative of organized labor.

(b) Six individuals representative of:

(i) Secondary and postsecondary vocational education;

(ii) Career guidance and counseling organizations within the state;

(iii) Special education; and

(iv) Persons with special knowledge and qualifications with respect to the special educational and career development needs of women, the disadvantaged, the handicapped, individuals with limited proficiency in English, and minorities.

Members of the council shall not represent more than one of the categories in this subsection. In appointing the members, the governor shall make efforts to provide for appropriate representation where possible based on sex, race, and ethnic origin.

(2) The terms of the initial members shall be staggered. After the expiration of the initial terms, appointments shall be made for three-year terms. The governor shall promptly make an appointment to fill any vacancy but only for the duration of the unexpired term.

NEW SECTION. Sec. 15. (1) The governor shall certify the establishment and membership of the council at least ninety days before the beginning of the planning period as determined under Public Law 98-524.

(2) The council shall meet at the call of the chairperson, but not less than four times each year.

(3) The council shall select annually from among its membership a chairperson who is representative of the private sector and any other officers it considers necessary.

(4) Members of the council shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 16. The council shall:

(1) Meet with the office of education or its representatives during the planning year to advise on the development of the state plan.

(2) Advise the office of education, the state board for community college education, the superintendent of public instruction, the governor, the legislature, the business community, and the general public concerning:

(a) Policy proposals to strengthen vocational education, with particular attention to programs for the handicapped; and

(b) Initiatives and methods that the private sector could undertake for the modernization of vocational education programs.

(3) Analyze and report on the distribution of moneys for vocational education in the state and on the availability of vocational education activities and services within the state.

(4) Consult with the office of education on the establishment of evaluation criteria for vocational education programs in the state.

(5) Submit recommendations to the office of education on the conduct of vocational education programs which emphasize the use of labor organizations and business concerns.

(6) Assess the distribution of financial assistance furnished under Public Law 98-524, and particularly assess the distribution of financial assistance between secondary vocational education programs and postsecondary vocational education programs.

(7) Recommend procedures to the office of education to ensure and enhance the participation of the public in the provision of vocational education at the local level, particularly the participation of local employers and local labor organizations.

(8) Report to the office of education on the extent to which equal access to quality vocational education programs is provided to:

(a) Handicapped individuals;

(b) Disadvantaged individuals;

(d) Single parents, displaced homemakers, or homemakers;

(e) Persons participating in programs designed to eliminate sex bias and stereotyping in vocational education; and

(f) Criminal offenders who are serving in correctional institutions.

(9) Evaluate at least once every two years the vocational education delivery systems under Public Law 98-524 and under the state job training program.

(10) Make recommendations to the office of education at least once every two years on the adequacy and effectiveness of the coordination between vocational education and the state job training program.

(11) Advise the governor, the legislature, the office of education, the federal secretary of education, and the federal secretary of labor on the findings and recommendations of the council.

(12) Coordinate and strengthen the role of local program advisory committees through a state-wide communication network established in the office of the state council.

NEW SECTION. Sec. 17. The state council may obtain the services of an executive director and confidential secretary to such director, both of whom shall be exempt from the provisions of chapter 41.06 RCW, and such professional, technical, and clerical personnel as may be necessary to enable it to carry out its functions and to contract for such services as may be necessary to carry out its evaluation functions and to be independent of programmatic and administrative control by other state boards, agencies, or individuals.

NEW SECTION. Sec. 18. The state council shall perform such other functions as shall be required by federal and state statute. The council shall advise the office of education, the governor, and the legislature on all matters pertaining to vocational and technical education and those programs which relate to other educational programs, efforts, and services which are relevant to quality vocational and technical programs, as well as which may support the state's economic and industrial development.

NEW SECTION. Sec. 19. Funds necessary for the execution of the council's duties shall be provided from funds paid pursuant to Public Law 98-524 and supplementary funds as appropriated by the legislature. The council may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the council and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

NEW SECTION. Sec. 20. The following acts or parts of acts are each repealed:

(1) Section 3, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.030;

(2) Section 4, chapter 174, Laws of 1975 1st ex. sess., section 3, chapter 21, Laws of 1983 1st ex. sess., section 89, chapter 370, Laws of 1985 and RCW 28C.04.040;

(3) Section 5, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.050;

(4) Section 28B.50.230, chapter 223, Laws of 1969 ex. sess., section 14, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.090;

(5) Section 52, chapter 283, Laws of 1969 ex. sess., section 76, chapter 34, Laws of 1975-'76 2nd ex. sess., section 67, chapter 287, Laws of 1984 and RCW 28C.04.300;

(6) Section 53, chapter 283, Laws of 1969 ex. sess., section 16, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.310;

(7) Section 7, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.150; and

(8) Section 43, chapter 197, Laws of 1983 and RCW 43.131.288.

NEW SECTION. Sec. 21. Sections 2 through 6 and 14 through 19 of this act are each added to chapter 28C.04 RCW.

NEW SECTION. Sec. 22. This act shall take effect July 1, 1986.