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.04.010, 28C.04.030, 28C.04.040, 28C.04.050, 28C.04.070, 28C.04.080, 28C.04.090, 28C.04.300, 28C.04.310, 28C.04.150, 28C.04.500, 28C.04.510, 43.131.287, and 43.131.288; providing an effective date; and declaring an emergency.

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 vocational education coordination and planning in order to improve the quality and availability of vocational education and training for secondary and postsecondary students. An office of vocational education is necessary to provide clear planning and to facilitate cooperation among educators, employers, and labor.

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

NEW SECTION. Sec. 3. The office of vocational education shall provide planning and coordinated use of state resources for vocational education in cooperation with the superintendent of public instruction, the state board for community college education, business, labor, agriculture, private educators, and the council on vocational education. The office shall facilitate cooperation among all persons interested in vocational education.

NEW SECTION. Sec. 4. (1) The director of the office of vocational 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 vocational education shall have the following powers and duties, in cooperation and consultation with business, labor, public and private educators, the state board for community college education, the superintendent of public instruction, the council on vocational education, the vocational education advisory committee established in section 7 of this act, and community-based organizations:

(1) Initiate, review, modify as necessary, and approve a state plan for vocational education.

(2) Recommend vocational education budget priorities to the governor and the legislature.

(3) Receive and expend public and private funds, and act as the sole state agency for the receipt and allocation of federal vocational education funds.

(4) Act as the state liaison with the federal government for the state plan, and ensure that federal requirements are met.

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

(6) Develop a consistent and reliable data base on vocational education enrollments, costs, program activities, and job placements from publicly funded vocational education programs in this state.

(7) Administer the job skills program, programs regulating private vocational schools, and the vocational excellence program.

(8) Adopt necessary rules and bylaws.

NEW SECTION. Sec. 6. The state board of education and the state board for community college education shall jointly submit a proposed integrated state plan for vocational education to the office of vocational education. The plan shall be based on guidelines and state-wide goals and objectives adopted by the office. The plan shall:

(1) Address state-wide economic and employment needs;

(2) Contain an assessment of how these needs are being and should be met;

(3) Outline priorities among the needs and the specific resources necessary to meet them;

(4) Address state and local goals and objectives;

(5) Include recommendations for improving vocational education;

(6) Contain biennial objectives and budget priorities;

(7) Include mechanisms for reviewing new programs proposed by public institutions and for arbitrating disputes;

(8) Contain provisions for evaluating programs including job placement information;

(9) Include mechanisms for evaluating the effectiveness of input from local advisory committees; and

(10) Include procedures for assuring the coordination and sharing of resources between and among public and private secondary and postsecondary schools.@bd

NEW SECTION. Sec. 7. A new section is added to chapter 28C.04 RCW to read as follows:

A vocational education advisory committee is hereby created to advise the office, the superintendent of public instruction, and the state board for community college education.

(1) The committee shall consist of eight voting members appointed by the governor, as follows:

(a) One member representing community-based organizations;

(b) One member representing private vocational schools;

(d) Three members representing business, including agriculture, in consultation with state-wide employer organizations.

The executive director of the office of vocational education, a representative of the superintendent of public instruction, and a representative of the state board for community college education shall each be ex officio nonvoting members.

(2) The term of office of each voting committee member shall be for a period of three years, subject to the following exceptions:

(a) An appointment to fill any vacancy which occurs shall be for the balance of the unexpired term of the position;

(b) The initial terms of the members shall be staggered as determined by the governor; and

(c) The term of office of initial committee members shall be deemed to have commenced July 1, 1986, for the purpose of computing initial and subsequent terms of office.

(3) The committee shall:

(a) Advise regarding development of the state plan and vocational education in general;

(b) Review and make recommendations on the final state plan;

(c) Make recommendations on the awarding of job skills grants and the granting of Washington awards for vocational excellence.

(4) The joint policy committee shall meet no fewer than four times each fiscal year. Committee members shall be reimbursed for travel expenses in accordance with RCW 43.03.050.@ed

NEW SECTION. Sec. 8. (1) Each local education agency or community college district offering vocational educational programs shall establish local advisory committees to provide that agency or district with advice on current job needs and on the courses necessary to meet these needs.

(2) The local program committees shall:

(a) Participate in the determination of program goals;

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

(d) Actively consult with other representatives of business, industry, labor, and agriculture.

NEW SECTION. Sec. 9. 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 vocational 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 vocational education. All funds, credits, or other assets held by the commission for vocational education shall be assigned to the office of vocational 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 vocational 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. 10. 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 vocational education are transferred to the jurisdiction of the office of vocational education. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of vocational 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.

@bd

NEW SECTION. Sec. 11. The director of financial management shall conduct an analysis of staffing needs for the office of vocational education. The commission on vocational education and the office of vocational education shall not fill any vacancies without approval of the director of financial management.@ed

NEW SECTION. Sec. 12. All rules and all pending business before the commission for vocational education shall be continued and acted upon by the office of vocational education. All existing contracts and obligations shall remain in full force and shall be performed by the office of vocational education.

NEW SECTION. Sec. 13. 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. 14. If apportionments of budgeted funds are required because of the transfers directed by sections 9 through 14 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. 15. Nothing contained in sections 9 through 14 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. 16. 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~~)) office of vocational 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. 17. (1) The advisory council on vocational education is continued as and hereby renamed the council on vocational education, for so long as a state council is required by federal law or regulation as a condition for receipt of federal funds.

(2) The composition and duties of the council shall be in accordance with federal law. As terms expire, the governor shall appoint members for three-year terms. The governor shall make an appointment to fill any vacancy but only for the duration of the unexpired term.

(3) 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. 18. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.010;

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

(3) 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;

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

(5) Section 8, chapter 174, Laws of 1975 1st ex. sess., section 79, chapter 34, Laws of 1975-'76 2nd ex. sess., section 66, chapter 287, Laws of 1984 and RCW 28C.04.070;

(6) Section 10, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.080;

(7) 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;

(8) 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;

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

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

(11) Section 9, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.500;

(12) Section 12, chapter 174, Laws of 1975 1st ex. sess., section 1, chapter 86, Laws of 1975-'76 2nd ex. sess., section 23, chapter 151, Laws of 1979, section 90, chapter 370, Laws of 1985 and RCW 28C.04.510;

(13) Section 17, chapter 197, Laws of 1983 and RCW 43.131.287; and

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

NEW SECTION. Sec. 19. Sections 2 through 6 and 17 of this act are each added to chapter 28C.04 RCW.

NEW SECTION. Sec. 20. This act shall take effect July 1, 1986, except that section 11 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.