Z-1264 _______________________________________________
HOUSE BILL NO. 1704
_______________________________________________
State of Washington 49th Legislature 1986 Regular Session
By Representatives Sommers, Ebersole and Allen; by request of Governor Gardner
Read first time 1/22/86 and referred to Committee on Higher Education.
AN ACT Relating to vocational education; amending RCW 28C.04.010, 28C.04.020, 28C.04.030, 28C.04.040, 28C.04.050, 28C.04.060, 28C.04.070, 28C.04.080, 28C.04.090, 28C.04.150, 28C.04.300, 28C.04.310, 28C.04.410, 28C.04.420, 28C.04.430, 28C.04.440, 28C.04.460, 28C.04.470, 28C.04.510, 28C.04.530, 28C.04.535, 28C.04.540, 28C.04.550, 18.106.040, 18.106.070, 19.28.510, 19.28.530, 28B.04.080, 28B.05.030, 28B.05.050, 28B.05.130, 28B.80.320, 28B.80.330, 28B.80.350, 28B.80.430, 43.03.028, 43.165.030, 43.165.100, 48.48.005, 49.04.010, 49.04.030, and 50.38.030; adding a new section to chapter 28C.04 RCW; creating new sections; and repealing RCW 28C.04.500, 43.131.287, and 43.131.288.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.010 are each amended to read as follows:
The purpose
of this chapter is to provide for a comprehensive state planning process
and a decision making system for vocational education programs in the state of
Washington ((and to establish)). This state planning process shall
include input from local public and private vocational education program
providers. This chapter also establishes administrative responsibility for
the receipt and allocation of federal vocational funds.
It is the intent of this chapter that whenever possible, comprehensive and coordinated educational programs shall be provided at the secondary and postsecondary education levels and such programs shall include therein vocational, occupational, and technical offerings, both within the secondary and postsecondary education systems.
Sec. 2. 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)) Board" shall mean the ((commission))
state board for 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((,)). The goals and objectives of
the state plan shall be used in developing the biennial executive budget plan
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))
board, 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.
(8) "Advisory board" means the joint labor and industry policy advisory board established in section 4 of this act.
Sec. 3. Section 3, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.030 are each amended to read as follows:
There is
hereby established a ((commission)) state board for vocational
education comprised of ((seven)) three members, each of which
shall be a voting member. The chairman shall be ((a citizen member chosen
by a majority of its members pursuant to its bylaws. Five citizen members
shall be appointed by)) the governor ((and confirmed by the state senate)).
The superintendent of public instruction and the director of the state board
for community college education shall serve as the remaining two members. ((In
making citizen member appointments initially, and subsequently thereafter, the
governor shall be cognizant of the desirability of appointing persons well
versed regarding vocational and occupational needs of management, labor, and
agriculture.
The initial
citizen appointments shall be for periods of one, two, three, four, and five
years. Thereafter such citizen members shall serve for terms of five years.
No citizen member shall be eligible to serve who is also a member of a state or
local educational agency, board, council or commission, or who is employed by a
common school or institution of higher education.
Four
members shall constitute a quorum, and no action shall be taken by less than
four affirmative votes.))
NEW SECTION. Sec. 4. A new section is added to chapter 28C.04 RCW to read as follows:
(1) There is hereby created a joint labor and industry policy advisory board consisting of six representatives of labor and management, as follows: The president of the state labor council or the president's appointed designee, and two additional representatives of labor appointed by the president of the state labor council; and the president of the association of Washington businesses or the president's appointed designee, and two additional representatives of business appointed by the president of the association of Washington businesses.
(2) The purpose of the advisory board shall be to consult with the state board on vocational education policy development, and to assist the office of the superintendent of public instruction and the state board for community college education in the planning and development of state plan proposals.
(3) The term of office of each appointed advisory board member shall be three years.
(4) The advisory board shall meet at the request of the state board of education. Advisory board members shall be compensated by the state board of education in accordance with RCW 43.03.240 and shall be reimbursed travel expenses in accordance with RCW 43.03.050 and 43.03.060 for attendance at such meetings.
Sec. 5. Section 4, chapter 174, Laws of 1975 1st ex. sess. as last amended by section 89, chapter 370, Laws of 1985 and RCW 28C.04.040 are each amended to read as follows:
The ((commission
for vocational education)) board shall have the following functions:
(1) Plan
development. The ((commission)) board shall be responsible for
((complying with federal directives to insure)) insuring the
development and maintenance of a comprehensive state plan for vocational
education ((but initial)) which sets forth the state's general goals
and objectives and the roles of the secondary and postsecondary educational
systems. The state plan shall comply with federal directives. Public system
planning to fulfill those roles shall be accomplished by the secondary
and postsecondary education systems. Prior to the adoption of the state plan,
the ((commission)) board shall meet with the council, and
request comments from the higher education coordinating board and ((the
advisory council for vocational education)) local public and private
education program providers.
(2) State
plan modification adjudication. Decisions on new programs and/or facilities
for vocational education shall be made internally within the respective
secondary or postsecondary education system in accordance with the provisions
of the state plan. The ((commission)) board may review such
decisions to insure compliance with the state plan and avoid unnecessary
duplication of current or projected programs.
Any common
school or community college district, or the superintendent of public
instruction, or the state board for community college education, or other
interested parties as authorized by the ((commission)) board,
shall be afforded the opportunity to comment upon any new programs or
facilities proposed. The ((commission)) board, subject to dispute
resolution rules adopted by ((said commission)) the board, shall
have the final determination on any disputes arising out of such program
proposals.
In
adjudicating disputes between the two secondary and postsecondary education
systems regarding the state plan, the ((commission)) board will
use at least the following criteria: Recognition that secondary education is
constitutionally the responsibility of the superintendent of public instruction
and that by legislative action postsecondary education is the responsibility of
institutions of higher education; adhere to the general policy set forth in the
state plan; consider the particular vocational need of the community, region,
or state and whether the common school or community college or private provider,
or ((both)) all, can best respond to those needs; encourage
cooperation and coordination rather than competition and program conflict
between secondary and postsecondary education systems; consider the desires and
preferences of the residents of the immediate program service area and of the
representatives of the fields of management, labor, and agriculture which
benefit from possible program offerings; and avoid unnecessary duplication of
vocational education programs and facilities.
(3)
Vocational education administration. The ((commission)) board
shall be the sole agency for the receipt and allocation of federal funds in
accordance with the state plan. The supervision of the state plan shall be
carried out under rules established by the ((commission; however,))
board, recognizing that daily administration of the public system's
aspects of the state plan shall be primarily the responsibility of the
superintendent of public instruction and the state board for community college
education: PROVIDED, That the ((commission)) board shall review
and approve state plan development proposals or special program((s requiring
personal)) service contracts, and activities beyond the program
responsibilities of the superintendent of public instruction and the state
board for community college education.
Under the
state plan the ((commission shall)) board shall establish a program
evaluation system to measure the effectiveness of the plans, goals, and
objectives. The board may make periodic compliance audits ((at least
once a biennium)) of the vocational education programs individually and
jointly conducted by the common schools and community colleges or private
providers to insure compliance with the state plan.
The ((commission))
board shall be the primary state liaison with the federal government for
the state plan for vocational education.
(4) ((Fire
service training program. The commission may accept any and all donations,
grants, bequests, and devices, conditional or otherwise, or money, property,
service, or other things of value which may be received from the United States
or any agency thereof, any governmental agency, any institution, person, firm,
or corporation, public and private, to be held, used, or applied for the
purposes of the fire service training program established in RCW 28C.04.140.
(5))) Job skills program. The ((commission)) board,
subject to the provisions of RCW 28C.04.510, shall have the following
powers and duties for the job skills program:
(a) To collect and disseminate to interested individuals, in cooperation with and through any agencies of federal, state, and municipal government, information concerning areas of present and projected employment need, programs of skills training and education consistent therewith, and any other relevant information;
(b) To apply for, utilize, and accept grants from other federal, state, and local agencies for the purposes of matching requirements and to facilitate the purposes of RCW 28C.04.420 through 28C.04.480;
(c) To help identify, upon the request of business and industry, those educational institutions which could provide the training services sought by business and industry and to identify any existing programs which could serve the particular needs of business and industry;
(d) To provide job skills grants to educational institutions to facilitate the development of programs of job skills training and education consistent with employment needs;
(e) To work cooperatively with the employment security department to enhance and update the state's occupational information system and the state's career information system;
(f) To adopt rules to carry out its powers and duties for the job skills program.
Sec. 6. Section 5, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.050 are each amended to read as follows:
In addition
to powers and duties under RCW 28C.04.040, the ((commission)) board
shall make periodic reports to ((the governor and)) the legislature((.
The initial report shall be submitted, with the governor's comments, to the
1977 legislature by December 1, 1976 and)) which shall include, but
not be limited to, review of and recommendations on the following: (1)
Vocational education program modification, including common informational data
systems; (2) reorganization of the administration of vocational education; (3)
an appropriate level of expenditure for the state administration of vocational
education programs; (4) appropriate charges for vocational and adult education
programs in the secondary and postsecondary education systems; and (5)
provisions for personnel standards for vocational education instructors.
Such recommendations, to the greatest extent possible, shall comply with the intent of this chapter and be consistent with federal requirements.
Sec. 7. Section 6, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.060 are each amended to read as follows:
The ((commission))
board is authorized to promulgate such rules and regulations as are
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 deemed
necessary to the business of the ((commission)) board. Existing
rules and regulations of any state agency relating to vocational education
should be considered amended in accordance with the intent of this chapter.
Initial rules and regulations of the ((commission)) board, prior
to their effective date, shall be submitted to the respective rules committees
of the senate and house for review concurrently at such time as notice of
intent to adopt is filed. The ((commission)) board is further
authorized to take whatever action is necessary to insure compliance with federal
vocational education enactments and state legislative and administrative
directives concerning vocational education. The ((commission)) board
is also authorized to delegate by ((commission)) board resolution
to the executive director those functions it deems necessary to the operation
of the ((commission)) board.
The ((commission))
board shall meet, consult and cooperate with the office of the state
superintendent of public instruction on all matters falling within his
constitutional supervisory powers in advance of exercising any of the powers or
duties granted to the ((commission)) board by this chapter.
Sec. 8. Section 8, chapter 174, Laws of 1975 1st ex. sess. as last amended by section 66, chapter 287, Laws of 1984 and RCW 28C.04.070 are each amended to read as follows:
Members of
the ((commission)) council shall be compensated in accordance
with RCW ((43.03.240)) 43.03.220 and will receive travel expenses
in accordance with RCW 43.03.050 and 43.03.060.
Sec. 9. Section 10, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.080 are each amended to read as follows:
The governor, with the advice of the board, shall appoint a director, subject to confirmation by the senate. The director shall have responsibility for carrying out board policies and overseeing board administrative responsibilities. The director shall cooperate with the council established under RCW 28C.04.300 in providing staff assistance as requested.
The ((commission))
board may employ ((an executive director and)) such other
personnel as may be necessary to carry out the purposes of this chapter. The
((commission)) board, in accordance with RCW 28C.04.040 shall
keep its professional staff to the minimum number of persons necessary to
fulfill its duties under this chapter and the performance of such other
administrative responsibilities as the legislature may provide.
Sec. 10. Section 28B.50.230, chapter 223, Laws of 1969 ex. sess. as amended by section 14, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.090 are each amended to read as follows:
(1) The ((commission))
board in preparing the state plan for vocational education shall give
consideration to the following:
(a) Vocational education for persons attending high school;
(b) Vocational education for persons who have completed or left high school and who are available for full time study in preparation for entering the labor market;
(c)
Vocational education for persons ((())other than persons who are
receiving training allowances under ((the Manpower Development and Training
Act of 1962, Public Law 87-415, the Area Redevelopment Act, Public Law 87-27,
or the Trade Expansion Act of 1962, Public Law 87-794 or any successor statutes
thereto))) federal law who have already entered the labor market and
who need training or retraining to achieve stability or advancement in
employment;
(d) Vocational education for persons who have academic, socio-economic, or other handicaps that prevent them from succeeding in the regular vocational education program;
(e)
Construction of area vocational educational school facilities, as authorized by
the state board for community colleges and the state board of education; ((and))
(f) Ancillary services and activities to assure quality in all vocational education programs, such as teacher training and supervision, program evaluation, special demonstrations and experimental programs, development of instructional materials, and state administration and leadership, including periodic evaluation of state and local vocational education programs and services in the light of information regarding current and projected manpower needs and job opportunities; and
(g) The types of programs, locations, and numbers of persons served by local nonpublic vocational program providers.
(2) In
determining the allocation of funds, the ((commission)) board
shall comply with federal statute.
Sec. 11. Section 7, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.150 are each amended to read as follows:
Common school districts and community college districts shall cooperate in offering vocational education programs, particularly when establishing specialized facility support for such programs. Such cooperation shall also extend to noncredit vocational courses in common school community education programs and community college community service programs as the same are authorized in RCW 28A.58.247 and 28B.50.020.
Except as
provided for by the rules and regulations of the ((commission)) board,
(1) common school vocational-technical institutes shall not offer new or
expanded vocational programs outside their traditional service areas; and
(2) community colleges shall not offer new or expanded vocational programs
outside their college districts. Common school vocational-technical institutes
and community colleges desiring to offer new or expanded programs outside their
respective service areas or community college districts shall provide
reasonable notice, as determined by the ((commission)) board, to
the common school and community college districts affected thereby.
If such joint
cooperation cannot be attained at the local level the superintendent of public
instruction and the state board for community college education shall attempt
to resolve the matter. Matters unresolved shall be referred to the ((commission))
board for adjudication.
Sec. 12. Section 52, chapter 283, Laws of 1969 ex. sess. as last amended by section 67, chapter 287, Laws of 1984 and RCW 28C.04.300 are each amended to read as follows:
(((1)))
There is hereby created a state ((advisory)) council on vocational
education, hereinafter referred to as the "((advisory))
council", consisting of not less than thirteen members appointed by the
governor, without regard to the civil service laws, for terms of three years((,
except that in the case of the initial members, at least four shall be
appointed for terms of one year each and at least four shall be appointed for
terms of two years each, and)). Appointments to fill vacancies
shall be only for such terms as remain unexpired. The ((advisory))
council shall include persons who are:
(((a)))
(1) Familiar with the vocational needs and the problems of management
and labor in the state, and a person or persons representing state industrial
and economic development agencies;
(((b)))
(2) Representative of community colleges and other institutions of
higher learning, area vocational schools, technical institutes, and
postsecondary or adult education agencies or institutions, which may provide
programs of vocational or technical education and training;
(((c)))
(3) Familiar with the administration of state and local vocational
education programs, and a person or persons having special knowledge,
experience, or qualifications with respect to vocational education and who are
not involved in the administration of state or local vocational education
programs;
(((d)))
(4) Familiar with programs of technical and vocational education,
including programs in comprehensive secondary schools;
(((e)))
(5) Representative of local educational agencies, and a person or
persons who are representative of school boards;
(((f)))
(6) Representative of manpower and vocational education agencies in the
state, including a person or persons from the comprehensive area manpower
planning system of the state;
(((g)))
(7) Representing school systems with large concentrations of
academically, socially, economically, and culturally disadvantaged students;
(((h)))
(8) Possessed of special knowledge, experience, or qualifications, with
respect to the special educational needs of physically or mentally handicapped
persons; ((and
(i))) (9) Representatives of community-based
organizations and nonpublic vocational schools; and
(10) Representative of the general public, including a person or persons representative of and knowledgeable about the poor and disadvantaged, who are not qualified for membership under any of the preceding clauses of this paragraph.
The ((advisory))
council shall meet at least four times a year at the call of the chairman, who
shall be a private sector member selected by vote of the members.
(((2)
Members of the advisory council shall receive their travel expenses while
engaged in the business of the advisory council in accordance with RCW
43.03.050 and 43.03.060.))
Sec. 13. Section 53, chapter 283, Laws of 1969 ex. sess. as amended by section 16, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.310 are each amended to read as follows:
The ((advisory))
council shall:
(1) Advise
the ((commission on)) state board for vocational education on
the development of and policy matters arising in the administration of the
state plan for federally and state funded vocational education pursuant
to RCW 28C.04.090, including the preparation of long range and annual program
plans therefor;
(2) Evaluate such vocational education programs, services, and activities assisted under this title, and publish and distribute the results thereof; and
(3) Prepare
and submit through the ((commission on)) state board for
vocational education to the federal commissioner of education and to the
national ((advisory)) council on vocational education an annual
evaluation report, accompanied by such additional comments of the ((commission))
board as the ((commission)) board deems appropriate,
which (a) evaluates the effectiveness of federally funded vocational education
programs, services, and activities carried out in the year under review in
meeting the program objectives set forth in the long range program plan and the
annual program plan, and (b) recommends such changes in such programs,
services, and activities as may be warranted by the evaluations; and
(4) 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, within
the limits of federal and state provisions, as may be deemed necessary to
enable it to carry out its functions under this section and to contract for
such services as may be necessary to enable them to carry out their evaluation
functions. The council shall attempt to obtain such necessary professional
services from the state board whenever practicable.
Sec. 14. Section 2, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.410 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28C.04.040 and 28C.04.420 through 28C.04.480.
(1) "Applicant" means an educational institution which has made application for a job skills grant under RCW 28C.04.420 through 28C.04.480.
(2) "Business and industry" means a private corporation, institution, firm, person, group, or association concerned with commerce, trades, manufacturing, or the provision of services within the state, or a public or nonprofit hospital licensed by the department of social and health services.
(3) "Educational institution" means a public secondary or postsecondary institution or an independent institution within the state authorized by law to provide a program of skills training or education beyond the secondary school level. Any educational institution receiving a job skills grant under RCW 28C.04.420 through 28C.04.480 shall be free of sectarian control or influence as set forth in Article IX, section 4 of the state Constitution.
(4) "Equipment" means tangible personal property which will further the objectives of the supported program and for which a definite value and evidence in support of the value have been provided by the donor.
(5) "Financial support" means any thing of value which is contributed by business and industry to an educational institution which is reasonably calculated to support directly the development and expansion of a particular program under RCW 28C.04.420 through 28C.04.480 and represents an addition to any financial support previously or customarily provided to such educational institutions by the donor. "Financial support" includes, but is not limited to, funds, equipment, facilities, faculty, and scholarships for matriculating students and trainees.
(6)
"Job skills grant" means funding that is provided to an educational
institution by the ((commission)) board for the development or
significant expansion of a program under RCW 28C.04.420 through 28C.04.480.
(7) "Job skills program" means a program of skills training or education separate from and in addition to existing vocational education programs and which:
(a) Provides short-term training which has been designated for specific industries;
(b) Provides training for prospective employees before a new plant opens or when existing industry expands;
(c) Includes training and retraining for workers already employed by an existing industry or business where necessary to avoid dislocation or where upgrading of existing employees would create new vacancies for unemployed persons;
(d) Serves areas with high concentrations of economically disadvantaged persons and high unemployment;
(e) Serves areas with new and growing industries;
(f) Serves areas where there is a shortage of skilled labor to meet job demands; or
(g) Promotes the location of new industry in areas affected by economic dislocation.
(8) "Technical assistance" means professional and any other assistance provided by business and industry to an educational institution, which is reasonably calculated to support directly the development and expansion of a particular program and which represents an addition to any technical assistance previously or customarily provided to the educational institutions by the donor.
(9)
"((Commission)) Board" or "((commission)) board
for vocational education" shall mean the ((commission)) state
board for vocational education or any successor agency or organization.
Sec. 15. Section 4, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.420 are each amended to read as follows:
The ((commission))
board may, subject to appropriation from the legislature or from funds
made available from any other public or private source and pursuant to rules
adopted by the ((commission)) board, provide job skills grants to
educational institutions. The job skills grants shall be used exclusively for
programs which are consistent with the job skills program. A job skills grant
may be awarded only after:
(1) Receipt of an application from an educational institution which contains a proposal for a program of skills training and education, including a description of the program, the type of skills training or education to be provided, a statement of the total cost of the program and a breakdown of the costs associated with equipment, personnel, facilities, and materials, a statement of the employment needs for the program and evidence in support thereof, demonstrates that the program does not unnecessarily duplicate existing programs in the area and is provided at a reasonable cost, a statement of the technical assistance and financial support for the program received or to be received from business and industry, and such other information as the commission requests; and
(2) The ((commission))
board, based on the application submitted by the educational institution
and such additional investigation as the staff of the ((commission)) board
shall make, finds that:
(a) The program is within the scope of the job skills program under this chapter and may reasonably be expected to succeed and thereby increase employment within the state;
(b) Provision has been made to use any available alternative funding from local, state, and federal sources;
(c) The job skills grant will only be used to cover the costs associated with the program;
(d) The program will not unnecessarily duplicate existing programs and could not be provided by another educational institution more effectively or efficiently;
(e) The program involves an area of skills training and education for which there is a demonstrable need;
(f) The applicant has made provisions for the use of existing federal and state resources for student financial assistance;
(g) The job skills grant is essential to the success of the program as the resources of the applicant are inadequate to attract the technical assistance and financial support necessary for the program from business and industry;
(h) The commitment of financial support from business and industry shall be equal to or greater than the amount of the requested job skills grant;
(i) Binding
commitments have been made to the ((commission)) board by the
applicant for adequate reporting of information and data regarding the program
to the ((commission)) board, particularly information concerning
the recruitment and employment of trainees and students, and including a
requirement for an annual or other periodic audit of the books of the applicant
directly related to the program, and for such control on the part of the ((commission))
board as it considers prudent over the management of the program, so as
to protect the use of public funds, including, in the discretion of the ((commission))
board and without limitation, right of access to financial and other
records of the applicant directly related to the programs;
(j) Provision has been made by the applicant to work, in cooperation with the employment security department, to identify and screen potential trainees and that provision has been made by the applicant of persons who are victims of economic dislocation and persons from minority and economically disadvantaged groups to participate in the program; and
(k) Binding
commitments have been made to the ((commission)) board by the
applicant for compliance with the monitoring and evaluation rules of the ((commission))
board.
Sec. 16. Section 5, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.430 are each amended to read as follows:
Upon
approval of a job skills grant application by the ((commission)) board,
the ((commission)) board shall immediately provide notification
of its decision to the employment security department. The notification shall
include the following information regarding the supported program: The trade,
occupation, or profession with which the program is concerned; a description of
the curriculum, the requirements for participation, and the procedures for
making application; the duration of the program; a description of support
services available to participants in the program; and any other information
relevant to encouraging and facilitating the participation in the program of
those in economic need.
Sec. 17. Section 6, chapter 21, Laws of 1983 1st ex. sess. as amended by section 40, chapter 466, Laws of 1985 and RCW 28C.04.440 are each amended to read as follows:
The
department of trade and economic development or its successor and the
employment security department shall each enter into an interagency agreement
with the ((commission on)) state board for vocational education
to establish cooperative working arrangements for the purposes of RCW
28C.04.410 through 28C.04.480.
Sec. 18. Section 8, chapter 21, Laws of 1983 1st ex. sess. as amended by section 41, chapter 466, Laws of 1985 and RCW 28C.04.460 are each amended to read as follows:
The department of trade and economic development or its successor shall for the purposes of RCW 28C.04.410 through 28C.04.480:
(1) Work
cooperatively with the ((commission on)) state board for
vocational education to market the job skills program to business and economic
development agencies and other firms;
(2) Recruit industries from outside the state to participate in the job skills training program; and
(3) Refer
business and industry interested in developing a job skills training program to
the ((commission on)) state board for vocational education.
Sec. 19. Section 9, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.470 are each amended to read as follows:
The ((commission))
board shall annually submit a complete and detailed report of the ((commission's))
board's activities within ninety days after the end of the fiscal year
to the chief clerk of the house of representatives, to the secretary of the senate,
and to the governor. The annual report shall include, but not be limited to,
descriptions of all programs funded, and evaluation of the performance of each
program, a summary of the public moneys expended, and the demographic and
economic characteristics of the individuals trained, educated, and employed,
including, in particular, the number of minority and economically disadvantaged
individuals.
Sec. 20. Section 12, chapter 174, Laws of 1975 1st ex. sess. as last amended by section 90, chapter 370, Laws of 1985 and RCW 28C.04.510 are each amended to read as follows:
The
governor is hereby authorized, with the advice of the board and the
office of financial management to determine to which of the following state
agencies those functions of the ((coordinating council for occupational
education not transferred by chapter 174, Laws of 1975 1st ex. sess. to the))
commission for vocational education, if any, including the administrative
responsibility for the job skills program under RCW 28C.04.040(5) and
28C.04.400 through 28C.04.480, the educational services registration act,
chapter 28B.05 RCW, the vocational excellence program in RCW 28C.04.530 through
28C.04.550, and commission administrative functions, other than state plan
development, dispute resolution, and federal funds administration shall be
transferred: The higher education coordinating board; the department of social
and health services; the department of labor and industries; the superintendent
of public instruction; the state board for community colleges; the employment
security department; the department of community development, the state
library, or any educational administrative agency created during the ((forty-fourth))
forty-ninth or subsequent legislative session. The governor has the
authority to transfer such personnel, funds, and equipment to the agency he so
determines as may be necessary to carry out those functions. The governor
shall make a report to the legislature concerning such determinations as he has
made by December 1, ((1975)) 1986. All remaining funds of the ((coordinating
council)) commission not disposed of or otherwise provided for in
this chapter shall remain within the jurisdiction of the ((commission)) board.
Sec. 21. Section 3, chapter 267, Laws of 1984 and RCW 28C.04.530 are each amended to read as follows:
(1) The ((commission))
board for vocational education shall have the responsibility for the
development and administration of the Washington award for vocational
excellence program. The ((commission)) board shall develop the
program in consultation with other state agencies and private organizations
having interest and responsibility in vocational education, including but not
limited to: The council, the state board for community college
education, the office of the superintendent of public instruction, a voluntary
professional association of vocational educators, and representatives from
business, labor, and industry.
(2) The ((commission))
board shall establish a planning committee to develop the criteria for
screening and selecting the students who will receive the award. This criteria
shall include but not be limited to the following characteristics: Proficiency
in their chosen fields, attendance, attitude, character, leadership, and civic
contributions.
Sec. 22. Section 4, chapter 267, Laws of 1984 and RCW 28C.04.535 are each amended to read as follows:
The
Washington award for vocational excellence shall be granted annually. The ((commission))
board shall notify the students receiving the award, their vocational
instructors, local chambers of commerce, the legislators of their respective
districts, and the governor, after final selections have been made. The ((commission))
board, in conjunction with the governor's office, shall prepare
appropriate certificates to be presented to the selected students. Awards
shall be presented in public ceremonies at times and places determined by the
((commission)) board in cooperation with the office of the
governor.
Sec. 23. Section 5, chapter 267, Laws of 1984 and RCW 28C.04.540 are each amended to read as follows:
The ((commission))
board may accept any and all donations, grants, bequests, and ((devices))
devises, conditional or otherwise, or money, property, service, or other
things of value which may be received from any federal, state, or local agency,
any institution, person, firm, or corporation, public and private, to be held,
used, or applied for the purposes of the Washington award for vocational
excellence program. The ((commission)) board shall encourage
maximum participation from business, labor, and community groups. The ((commission))
board shall also coordinate, where feasible, the contribution activities
of the various participants.
The commission shall not make expenditures from funds collected under this section until February 15, 1985.
Sec. 24. Section 8, chapter 267, Laws of 1984 and RCW 28C.04.550 are each amended to read as follows:
((The
Washington award for vocational excellence shall be effective commencing with
the 1984-85 academic year. The commission for vocational education shall
report on the program to the legislature and to the governor by January 15,
1985. The report shall include a description of the program, a copy of any
rules implementing the program, a list of the participants, and the
commission's recommendations for any additional statutory changes needed to
improve the program.
Thereafter,)) The ((commission)) board shall
report on the results and effectiveness of this award program to the
legislature and the governor on or before January 15 of each odd-numbered
year. The 1987 report shall include an evaluation of the effects of expanding
the tuition and fee waiver period from one to two years.
NEW SECTION. Sec. 25. The commission for vocational education is hereby abolished effective midnight June 30, 1986, and, except as otherwise provided in RCW 28C.04.540, its powers, duties, and functions are hereby transferred to the state board for vocational education. All references to the chairman or commission for vocational education in the Revised Code of Washington shall be construed to mean the chairman or state board for vocational education.
NEW SECTION. Sec. 26. 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 state board for 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 state board for vocational education. All funds, credits, or other assets held by the commission for vocational education shall be assigned to the state board for 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 state board for 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. 27. All classified employees of the commission for vocational education are transferred to the jurisdiction of the state board for vocational education. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state board for 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.
NEW SECTION. Sec. 28. All rules and all pending business before the commission for vocational education shall be continued and acted upon by the state board for vocational education. All existing contracts and obligations shall remain in full force and shall be performed by the state board for vocational education.
NEW SECTION. Sec. 29. The transfer of the powers, duties, functions, and personnel of the commission for vocational education shall not affect the validity of any act performed prior to the effective date of this act.
NEW SECTION. Sec. 30. If apportionments of budgeted funds are required because of the transfers directed by sections 26 through 29 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. 31. Nothing contained in sections 25 through 30 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. 32. Section 4, chapter 175, Laws of 1973 1st ex. sess. as last amended by section 4, chapter 149, Laws of 1977 ex. sess. and RCW 18.106.040 are each amended to read as follows:
Upon
receipt of the application and evidence set forth in RCW 18.106.030, the director
shall review the same and make a determination as to whether the applicant is
eligible to take an examination for the certificate of competency. To be
eligible to take the examination each applicant for a journeyman plumber's
certificate of competency shall furnish written evidence that he has either
completed a course of study in the plumbing trade in the armed services of the
United States or at a school accredited by the coordinating council on
occupational education; or that he has four or more years of experience under
the direct supervision of a licensed journeyman plumber. Each applicant for a
specialty plumber's certificate of competency shall furnish written evidence
that he has either completed a course of study in the plumbing trade in the
armed services of the United States or at a school accredited by the ((commission))
state board for vocational education or its designee, or that he has had
at least three years practical experience in his specialty. No other
requirement for eligibility may be imposed. The director shall establish
reasonable rules and regulations for the examinations to be given applicants
for certificates of competency. In establishing said rules, regulations, and
criteria, the director shall consult with the state advisory board of plumbers
as established in RCW 18.106.110. Upon determination that the applicant is
eligible to take the examination, the director shall so notify him, indicating
the time and place for taking the same.
Sec. 33. Section 7, chapter 175, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 465, Laws of 1985 and RCW 18.106.070 are each amended to read as follows:
(1) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.
The certificate of competency and the temporary permit provided for in this chapter grant the holder the right to engage in the work of plumbing as a journeyman plumber or specialty plumber in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.
(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if supervised by a certified journeyman plumber or a certified specialty plumber in that plumber's specialty. All apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the plumbing construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized representative of the department at the representative's request.
(3) Any person who has been issued a plumbing training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman plumber or an appropriate specialty plumber who has an applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) From July 28, 1985, through June 30, 1988, not more than three noncertified plumbers working on any one job site for every certified journeyman or specialty plumber; (b) effective July 1, 1988, not more than two noncertified plumbers working on any one job site for every certified specialty plumber or journeyman plumber working as a specialty plumber; and (c) effective July 1, 1988, not more than one noncertified plumber working on any one job site for every certified journeyman plumber working as a journeyman plumber.
An
individual who has a current training certificate and who has successfully
completed or is currently enrolled in an approved apprenticeship program or in
a technical school program in the plumbing construction trade in a school
approved by the ((commission)) state board for vocational
education, may work without direct on-site supervision during the last six
months of meeting the practical experience requirements of this chapter.
Sec. 34. Section 2, chapter 30, Laws of 1980 as amended by section 13, chapter 206, Laws of 1983 and RCW 19.28.510 are each amended to read as follows:
(1) No person may engage in the electrical construction trade without having a current journeyman electrician certificate of competency or a current specialty electrician certificate of competency issued by the department in accordance with this chapter. Electrician certificate of competency specialties include, but are not limited to: Residential, domestic appliances, pump and irrigation, limited energy system, signs, and nonresidential maintenance.
(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade if supervised by a certified journeyman electrician or a certified specialty electrician in that electrician's specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a journeyman electrician or a specialty electrician working in his or her specialty. The holder of the electrical training certificate shall renew the certificate annually. At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the electrical construction industry for the previous year and the number of hours worked for each employer. An annual fee shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter. Apprentices and individuals learning the electrical construction trade shall have their electrical training certificates in their possession at all times that they are performing electrical work. They shall show their certificates to an authorized representative of the department at the representative's request.
(3) Any person who has been issued an electrical training certificate under this chapter may work if that person is under supervision. Supervision shall consist of a person being on the same job site and under the control of either a journeyman electrician or an appropriate specialty electrician who has an applicable certificate of competency issued under this chapter. Either a journeyman electrician or an appropriate specialty electrician shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio of noncertified individuals to certified journeymen or specialty electricians working on a job site shall be:
(a) From September 1, 1979, through December 31, 1982, not more than three noncertified electricians working on any one job site for every certified journeyman or specialty electrician;
(b) Effective January 1, 1983, not more than two noncertified individuals working on any one job site for every specialty electrician or journeyman electrician working as a specialty electrician;
(c) Effective January 1, 1983, not more than than one noncertified individual working on any one job site for every certified journeyman electrician.
The ratio requirements do not apply to a trade school program in the electrical construction trade established during 1946.
An
individual who has a current training certificate and who has successfully
completed or is currently enrolled in an approved apprenticeship program or in
a technical school program in the electrical construction trade in a school
approved by the ((commission)) state board for vocational
education, may work without direct on-site supervision during the last six
months of meeting the practical experience requirements of this chapter.
Sec. 35. Section 4, chapter 30, Laws of 1980 as amended by section 14, chapter 206, Laws of 1983 and RCW 19.28.530 are each amended to read as follows:
(1) Upon
receipt of the application, the department shall review the application and
determine whether the applicant is eligible to take an examination for the
journeyman or specialty certificate of competency. To be eligible to take the
examination for a journeyman certificate the applicant must have worked in the
electrical construction trade for a minimum of four years employed full time,
of which two years shall be in industrial or commercial electrical installation
under the supervision of a journeyman electrician certified under this chapter
and not more than a total of two years in all specialties under the supervision
of a journeyman electrician certified under this chapter or an appropriate
specialty electrician certified under this chapter or have successfully
completed an apprenticeship program approved under chapter 49.04 RCW for the
electrical construction trade. To be eligible to take the examination to
become a specialty electrician the applicant shall have worked in that
specialty of the electrical construction trade, under the supervision of a
journeyman electrician certified under this chapter or an appropriate specialty
electrician certified under this chapter, for a minimum of two years employed
full time, or have successfully completed an approved apprenticeship program
under chapter 49.04 RCW for the applicant's specialty in the electrical
construction trade. Before January 1, 1984, applicants for nonresidential
maintenance specialty licenses are eligible to become nonresidential
maintenance specialists upon certification to the department that they have the
equivalent of two years full-time experience in that specialty field. Persons
applying before January 1, 1984, for a journeyman certificate are eligible to
take the examination to become journeymen until July 1, 1984, upon
certification to the department that they have the equivalent of five years
full-time experience in nonresidential maintenance, of which two years shall be
in industrial electrical installation. Any applicant who has successfully
completed a two-year technical school program in the electrical construction
trade in a school that is approved by the ((commission)) state board
for vocational education may substitute up to two years of the technical school
program for two years of work experience under a journeyman electrician. The
applicant shall obtain the additional two years of work experience required in
industrial or commercial electrical installation prior to the beginning, or
after the completion, of the technical school program. Any applicant who has
received training in the electrical construction trade in the armed service of
the United States may be eligible to take the examination for the certificate
of competency. Any applicant who is a graduate of a trade school program in
the electrical construction trade that was established during 1946 is eligible
to take the examination for the certificate of competency. No other
requirement for eligibility may be imposed.
(2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency. In establishing the rules, the department shall consult with the board of electrical examiners. Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination.
Sec. 36. Section 8, chapter 73, Laws of 1979 as last amended by section 42, chapter 370, Laws of 1985 and RCW 28B.04.080 are each amended to read as follows:
(1) The
board shall consult and cooperate with the department of social and health
services; the state board for community college education; the superintendent
of public instruction; the ((commission)) state board for
vocational education; the employment security department; the department of
labor and industries; sponsoring agencies under the federal comprehensive
employment and training act (87 Stat. 839; 29 U.S.C. Sec. 801 et seq.), and any
other persons or agencies as the board deems appropriate to facilitate the
coordination of centers established under this chapter with existing programs
of a similar nature.
(2) Annually on July 1st, each agency listed in subsection (1) of this section shall submit a description of each service or program under its jurisdiction which would support the programs and centers established by this chapter and the funds available for such support.
(3) The board shall serve as a clearinghouse for displaced homemaker information and resources and shall compile and disseminate state-wide information to the centers, related agencies, and interested persons upon request.
Sec. 37. Section 3, chapter 188, Laws of 1979 ex. sess. as last amended by section 44, chapter 370, Laws of 1985 and RCW 28B.05.030 are each amended to read as follows:
The definitions set forth in this section apply throughout this chapter, unless the context clearly indicates to the contrary:
(1) "Educational institution" includes, but is not limited to, an academic, vocational, technical, home study, business, professional, or other school, institution, college, or university, or other organization or person not exempted under RCW 28B.05.040, offering educational credentials, instruction, or services primarily to persons who have completed or terminated their secondary education, or who are beyond the age of compulsory high school attendance, for attainment of educational, professional, or vocational objectives.
(2) "To operate", means to establish, keep, or maintain any facility or location in this state where, from, or through which education is offered or educational credentials are offered or granted, and includes contracting for the performance of any such act.
(3) "To offer" includes, in addition to its usual meanings, to advertise, or publicize. "To offer" shall also mean to solicit or encourage any person, directly or indirectly, to perform the act described.
(4) "To grant" includes to award, issue, sell, confer, bestow, or give.
(5) "Education" or "educational services" includes but is not limited to, any class, course, or program of training, instruction, or study.
(6) "Chief administrative officer" means the person designated by the institution under RCW 28B.05.070.
(7) "Agent" means a person owning an interest in, employed by, or representing for remuneration an educational institution within or without this state, who enrolls or personally attempts to secure the enrollment in such school of a resident of this state, offers to award educational credentials for remuneration on behalf of any such school, or holds himself or herself out to residents of this state as representing an educational institution for any such purpose.
(8) "Educational credentials" means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers, or words which signify or appear to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for any educational program.
(9) "Entity" includes but is not limited to a person, company, firm, society, association, partnership, corporation, and trust.
(10) "Degree granting institution" shall mean an educational institution, which offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree or certificate beyond the secondary level.
(11) "Private vocational school" shall mean an educational institution, the objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations which are not designated as professional or requiring a baccalaureate or higher degree.
(12) "Private nonvocational school" shall mean any educational institution that is not a "degree granting institution" or a "private vocational school."
(13)
"Dual purpose institution" shall mean any educational institution
which satisfies the definitions of both (a) "degree-granting
institution" and (b) "private vocational school" or
"private nonvocational school." Either the higher education
coordinating board or the ((commission)) state board for
vocational education may be selected by the "dual purpose
institution" for purposes of complying with the requirements of RCW
28B.05.080, 28B.05.090, 28B.05.100 and 28B.05.110.
(14)
"Agency" shall mean the higher education coordinating board in the
case of degree granting institutions and the ((commission)) state
board for vocational education in the case of private vocational schools
and private nonvocational schools.
Sec. 38. Section 5, chapter 188, Laws of 1979 ex. sess. as amended by section 45, chapter 370, Laws of 1985 and RCW 28B.05.050 are each amended to read as follows:
The ((commission))
state board for vocational education with respect to private vocational
schools, the higher education coordinating board with respect to degree
granting institutions, shall:
(1) Establish more detailed criteria to implement the standards set forth in RCW 28B.05.060;
(2)
Maintain a list of educational institutions registered in this state under this
chapter, which list shall separately identify dual purpose institutions and be
available to the public; upon the registration of a "dual purpose
institution" insure that such registration is communicated to the ((council
for postsecondary education)) higher education coordinating board
and the ((commission)) state board for vocational education;
(3) Adopt reasonable rules and regulations in accordance with chapter 34.04 RCW, the administrative procedure act, for enforcing and carrying out the provisions and purposes of this chapter;
(4) Investigate on its own initiative or in response to any complaint filed with it, any person, group, or entity subject to, or reasonably believed by the agency to be subject to, the jurisdiction of this chapter; and in connection therewith, to administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records which the agency deems relevant or material to such investigation;
(5) Coordinate the policies and rules developed under subsections (1) and (3) of this section so as to develop where possible consistent procedures and standards applicable to degree-granting institutions, private vocational school, and dual purpose institutions.
Sec. 39. Section 13, chapter 188, Laws of 1979 ex. sess. as last amended by section 46, chapter 370, Laws of 1985 and RCW 28B.05.130 are each amended to read as follows:
The
executive director or executive coordinator of the agency may suspend or modify
any of the registration or other requirements contained in this chapter in a
particular case if the executive director or executive coordinator finds (1)
that such suspension or modification will not frustrate the purposes of this
chapter and (2) that the educational services to be offered address a
substantial, demonstrated need among residents of the state of Washington or
that literal application of this chapter works a manifestly unreasonable
hardship on the educational institution: PROVIDED, That the chief
administrative officer of the institution, after hearing, shall be entitled to
appeal the decision of the executive director or executive coordinator to the
((commission)) state board for vocational education or the higher
education coordinating board.
Sec. 40. Section 3, chapter 370, Laws of 1985 and RCW 28B.80.320 are each amended to read as follows:
The purpose
of the board is to provide planning, coordination, monitoring, and policy
analysis for higher education in the state of Washington in cooperation and
consultation with the institutions' autonomous governing boards and with all
other segments of postsecondary education, including but not limited to the
state board for community college education and the ((commission)) state
board for vocational education. The legislature intends that the board
represent the broad public interest above the interests of the individual
colleges and universities.
Sec. 41. Section 4, chapter 370, Laws of 1985 and RCW 28B.80.330 are each amended to read as follows:
The board
shall perform the following planning duties in consultation with the four-year
institutions, the community college system, and when appropriate the ((commission))
state board for vocational education, the superintendent of public
instruction for the vocational-technical institutes, and the independent higher
educational institutions:
(1) Develop and establish role and mission statements for each of the four-year institutions and for the community college system;
(2) Identify the state's higher education goals, objectives, and priorities;
(3) Prepare a comprehensive master plan which includes but is not limited to:
(a) Assessments of the state's higher education needs. These assessments may include, but are not limited to: The basic and continuing needs of various age groups; business and industrial needs for a skilled workforce; analyses of demographic, social, and economic trends; consideration of the changing ethnic composition of the population and the special needs arising from such trends; college attendance, retention, and dropout rates, and the needs of recent high school graduates and placebound adults. The board should consider the needs of residents of all geographic regions, but its initial priorities should be applied to heavily populated areas underserved by public institutions;
(b) Recommendations on enrollment and other policies and actions to meet those needs;
(c) Guidelines for continuing education, adult education, public service, and other higher education programs.
The initial plan shall be submitted to the governor and the legislature by December 1, 1987. Comments on the plan from the board's advisory committees and the institutions shall be submitted with the plan.
The plan shall be updated biennially, and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature shall, by concurrent resolution, approve or recommend changes to the initial plan, and the biennial updates. The plan shall then become state higher education policy unless legislation is enacted to alter the policies set forth in the plan;
(4) Review, evaluate, and make recommendations on operating and capital budget requests from four-year institutions and the community college system, based on the elements outlined in subsections (1), (2), and (3) of this section, and on guidelines which outline the board's fiscal priorities. These guidelines shall be distributed to the institutions and the community college board by December of each odd-numbered year. The institutions and the community college board shall submit an outline of their proposed budgets, identifying major components, to the board no later than August 1 of each even-numbered year. The board shall submit recommendations on the proposed budgets and on the board's budget priorities to the office of financial management before October 15 of each even-numbered year, and to the legislature by January 1 of each odd-numbered year;
(5) Recommend legislation affecting higher education;
(6) Recommend tuition and fees policies and levels based on comparisons with peer institutions;
(7) Establish priorities and develop recommendations on financial aid based on comparisons with peer institutions;
(8) Prepare recommendations on merging or closing institutions; and
(9) Develop criteria for identifying the need for new baccalaureate institutions.
Sec. 42. Section 6, chapter 370, Laws of 1985 and RCW 28B.80.350 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, the state board for community college education,
and the ((commission)) state board for vocational education 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;
(3) Establish transfer policies;
(4) Adopt rules implementing statutory residency requirements;
(5) Develop and administer reciprocity agreements with bordering states and the province of British Columbia;
(6) 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) Monitor higher education activities for compliance with all relevant state policies for higher education;
(8) 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) Establish and implement a state system for collecting, analyzing, and distributing information;
(10) 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) Make recommendations to increase minority participation, and monitor and report on the progress of minority participation in higher education.
Sec. 43. Section 14, chapter 370, Laws of 1985 and RCW 28B.80.430 are each amended to read as follows:
The board
shall employ a director and may delegate agency management to the director.
The director shall serve at the pleasure of the board, shall be the executive
officer of the board, and shall, under the board's supervision, administer the
provisions of this chapter. The executive director shall, with the approval of
the board: (1) Employ necessary deputy and assistant directors and other
exempt staff under chapter 28B.16 RCW who shall serve at his or her pleasure on
such terms and conditions as he or she determines and (2) subject to the
provisions of chapter 28B.16 RCW, appoint and employ such other employees as
may be required for the proper discharge of the functions of the board. In
fulfilling the duties under this chapter, the board shall make extensive use of
those state agencies with responsibility for implementing and supporting postsecondary
education plans and policies including but not limited to appropriate
legislative groups, the postsecondary education institutions, the office of
financial management, the ((commission)) state board for
vocational education, and the state board for community college education.
Outside consulting and service agencies may also be employed. The board may
compensate these groups and consultants in appropriate ways.
Sec. 44. Section 20, chapter 87, Laws of 1980 as amended by section 21, chapter 163, Laws of 1982 andRCW 43.03.028 are each amended to read as follows:
(1) There is hereby created a state committee on salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the president of Washington State University; the chairperson of the State Personnel Board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The arts
commission; the human rights commission; the board of accountancy; the board of
pharmacy; the capitol historical association and museum; the eastern Washington
historical society; the Washington state historical society; the interagency
committee for outdoor recreation; the criminal justice training commission; the
department of personnel; the state finance committee; the state library; the
traffic safety commission; the horse racing commission; the ((commission))
state board for vocational education; the ((advisory)) council on
vocational education; the public disclosure commission; the hospital commission;
the state conservation commission; the commission on Mexican-American affairs;
the commission on Asian-American affairs; the state board for volunteer
firemen; the urban arterial board; the data processing authority; the public
employees relations commission; the forest practices appeals board; and the
energy facilities site evaluation council.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) The committee shall also make a study of the duties and salaries of all state elective officials, including members of the supreme, appellate, superior, and district courts and members of the legislature and report to the governor and the president of the senate and the speaker of the house not later than sixty days prior to the convening of each regular session of the legislature during an odd-numbered year its recommendation for the salaries to be established for each position. Copies of the committee report to the governor shall be provided to the appropriate standing committees of the house and senate upon request.
(4) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.
Sec. 45. Section 3, chapter 229, Laws of 1985 and RCW 43.165.030 are each amended to read as follows:
The team
shall be a combined effort of the department, the employment security
department, the ((commission)) state board for vocational
education, and the department of ((commerce and economic development or its
successor agency)) trade and economic development. Each agency
shall provide staff to the team as expertise is needed. The team shall have
the ability to:
(1) Identify emerging problems for businesses, workers, and communities and provide for timely communication on available assistance by state and federal programs;
(2) Assist employers and workers faced with substantial business reductions by providing examples of responses to retain business production and diversification and promote retraining and reemployment of unemployed workers using links with local economic development efforts;
(3) Examine the economic health of a community, including the economic base and its strengths, weaknesses, and untapped opportunities;
(4) Assist to develop and coordinate industry services for tourist promotion and recruiting new firms to the area;
(5) Provide technical assistance as to the potential viability of a business retention effort;
(6) Convene meetings of local business, labor, and education leaders and public officials to determine immediate and long-range steps to revitalize the community;
(7) Conduct work shops in distressed areas or state-wide conferences on problems in revitalizing stagnant communities, models for redevelopment and diversification, and means to bring additional resources to developing solutions; and
(8) Utilize funds to match local and private resources to assist in the analysis and implementation of business retention and expansion efforts.
Sec. 46. Section 10, chapter 229, Laws of 1985 and RCW 43.165.100 are each amended to read as follows:
The ((commission))
state board for vocational education shall provide the community revitalization
team and community leaders in the distressed area with assistance, including
but not limited to:
(1) Establish links between service delivery areas and training providers to provide services under the education coordination and grants program of the federal job training partnership act;
(2) Assist in the delivery of education and training services to distressed areas;
(3) Address the needs of distressed areas and the allocation of federal vocational education funds to those areas in the development of the state plan for vocational education; and
(4) Assist in the development of partnerships between educational institutions and businesses that can benefit from job skills program grants.
Sec. 47. Section 2, chapter 470, Laws of 1985 and RCW 48.48.005 are each amended to read as follows:
There is created the state fire protection board consisting of the following ten members appointed by the governor with the advice and consent of the senate:
(1) Three representatives of fire chiefs. At least one shall be from a fire department east of the Cascade mountains and at least one shall be from a fire department west of the Cascade mountains. One shall be from a fire protection district;
(2) One insurance industry representative;
(3) One representative of cities and towns;
(4) One representative of counties;
(5) Two full-time, paid, career fire fighters;
(6) One volunteer fire fighter; and
(7) One representative of fire commissioners.
The
commissioner of public lands, the insurance commissioner, and the chairperson
of the ((commission)) state board for vocational education, or
their designees, are nonvoting ex officio members of the state fire protection
board.
In making the appointments required under subsections (1) through (7) of this section, the governor shall (a) seek the advice of and consult with organizations involved in fire protection; and (b) ensure that racial minorities, women, and persons with disabilities are represented.
Sec. 48. Section 1, chapter 231, Laws of 1941 as last amended by section 97, chapter 287, Laws of 1984 and RCW 49.04.010 are each amended to read as follows:
The
director of labor and industries shall appoint an apprenticeship council,
composed of three representatives each from employer and employee
organizations, respectively. The terms of office of the members of the
apprenticeship council first appointed by the director of labor and industries
shall be as follows: One representative each of employers and employees shall
be appointed for one year, two years, and three years, respectively.
Thereafter, each member shall be appointed for a term of three years. The
governor shall appoint a public member to the apprenticeship council for a
three-year term. The appointment of the public member is subject to
confirmation by the senate. Each member shall hold office until his successor
is appointed and has qualified and any vacancy shall be filled by appointment
for the unexpired portion of the term. The state official who has been
designated by the ((commission)) state board for vocational
education as being in charge of trade and industrial education and the state
official who has immediate charge of the state public employment service shall
ex officio be members of said council, without vote. Each member of the
council, not otherwise compensated by public moneys, shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be
compensated in accordance with RCW 43.03.240. The apprenticeship council with
the consent of employee and employer groups shall: (1) Establish standards for
apprenticeship agreements in conformity with the provisions of this chapter; (2)
issue such rules and regulations as may be necessary to carry out the intent
and purposes of this chapter, including a procedure to resolve an impasse
should a tie vote of the council occur; and (3) perform such other duties as
are hereinafter imposed. Not less than once a year the apprenticeship council
shall make a report to the director of labor and industries of its activities
and findings which shall be available to the public.
Sec. 49. Section 2, chapter 231, Laws of 1941 as last amended by section 2, chapter 37, Laws of 1979 ex. sess. and RCW 49.04.030 are each amended to read as follows:
Subject to the confirmation of the state apprenticeship council by a majority vote, the director of labor and industries shall appoint and deputize an assistant director to be known as the supervisor of apprenticeship. Under the supervision of the director of labor and industries and with the advice and guidance of the apprenticeship council, the supervisor shall: (1) Encourage and promote the making of apprenticeship agreements conforming to the standards established by or in accordance with this chapter, and in harmony with the policies of the United States department of labor; (2) act as secretary of the apprenticeship council and of state joint apprenticeship committees; (3) when so authorized by the apprenticeship council, register such apprenticeship agreements as are in the best interests of the apprentice and conform to the standards established by or in accordance with this chapter; (4) keep a record of apprenticeship agreements and upon performance thereof issue certificates of completion of apprenticeship; (5) terminate or cancel any apprenticeship agreements in accordance with the provisions of such agreements; and who (6) may act to bring about the settlement of differences arising out of the apprenticeship agreement where such differences cannot be adjusted locally or in accordance with the established trade procedure.
Related and
supplemental instruction for apprentices, coordination of instruction with job
experiences, and the selection and training of teachers and coordinators for
such instruction shall be the responsibility of the ((commission)) state
board for vocational education and its local recognized agency for vocational
education. The director of labor and industries is authorized to appoint such
other personnel as may be necessary to aid the apprenticeship council and the
supervisor of apprenticeship in the execution of their functions under this
chapter.
Sec. 50. Section 3, chapter 43, Laws of 1982 as last amended by section 66, chapter 466, Laws of 1985 and RCW 50.38.030 are each amended to read as follows:
The employment security department shall consult with the following agencies prior to the issuance of the state occupational forecast:
(1) Office of financial management;
(2) Department of trade and economic development;
(3) Department of labor and industries;
(4) State board for community college education;
(5) Superintendent of public instruction;
(6) Department of social and health services;
(7) Department of community development;
(8) ((Commission))
State board for vocational education; and
(9) Other state and local agencies as deemed appropriate by the commissioner of the employment security department.
These agencies shall cooperate with the employment security department, submitting information relevant to the generation of occupational forecasts.
NEW SECTION. Sec. 51. The following acts or parts of acts are each repealed:
(1) Section 9, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.500;
(2) Section 17, chapter 197, Laws of 1983 and RCW 43.131.287; and
(3) Section 43, chapter 197, Laws of 1983 and RCW 43.131.288.
NEW SECTION. Sec. 52. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.