HOUSE BILL REPORT

HB 2869

BYRepresentatives Jacobsen, Fraser, Van Luven, Doty, Rector, Wang, Padden, Moyer, Miller and Wineberry

Waiving the nonresident tuition and fee differential for students from the People's Republic of China.

House Committe on Higher Education

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Jacobsen, Chair; Spanel, Vice Chair; Van Luven, Ranking Republican Member; Bennett, Doty, Fraser, Heavey, Jesernig, Miller, Prince, and Rector.

House Staff:Susan Hosch (786- 7120)

AS REPORTED BY COMMITTEE ON HIGHER EDUCATION JANUARY 31, 1990

BACKGROUND:

Because of the events in the People's Republic of China during the first week of June, 1989, the United States Government has liberalized the conditions under which students from the People's Republic of China may remain in the United States to continue their studies or pursue employment.

On November 30, 1989, President Bush issued a directive to the Immigration and Naturalization Service outlining these liberalized conditions. The directive permits students with a J-1 visa to remain in this country without returning home for two years. In addition, students may apply for a change in their visa classification or an extension of their visas more easily than in the past.  The directive also defers the enforced departure policy for those with unlawful visa status until June 5, 1990, and permits the spouses of students to pursue full-time employment. Finally, the federal government will give additional consideration to requests for asylum and refugee status.

An estimated 420 students from the People's Republic of China are currently enrolled in Washington's private and public four year institutions.

Washington law permits colleges and universities to waive all or a part of tuition and fees for students participating in certain exchange programs or exchange agreements.  Financial assistance is also provided to some foreign students in graduate programs through research and teaching assistantships.

SUMMARY:

SUBSTITUTE BILL:  Under certain circumstances, some students from the People's Republic of China will have the nonresident portion of their tuition waived.

In order to be eligible for these waivers, the student, as of June 5, 1989, must have maintained the state of Washington as his or her principal place of abode.  In addition, the student must either have refugee or asylum status, or the student must have held a valid student visa on June 5, 1989, and, after the effective date of this act, must obtain either an extension of this visa or a change of visa status.

Finally, the institution must determine that the student would not be able to attend the institution without this waiver.  The institution must consider all funding sources available to the student prior to making a waiver determination.

The Higher Education Coordinating Board will adopt uniform regulations and forms for the administration of these waivers.  This waiver authority will expire on June 30, 1994.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  An expiration date of June 30, 1994 is added.

Fiscal Note:      Requested January 25, 1990.

House Committee ‑ Testified For:    Xiao Huang, Wurling Bao and Jie Li, students, University of Washington; Weikang Wang, student, Washington State University; and Lisa Sturber, Washington Student Lobby.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    This legislation allows students from the People's Republic of China to pay resident tuition fees if they were enrolled in Washington state colleges and universities before the pro-democracy student demonstrations took place in Beijing last year.  Many of these students, because of their pro-democracy activities and their strong commitment to completing their educational programs under the free governance structure of institutions in the United States, fear that returning home at this time would jeopardize their safety.  While the new immigration conditions offer students opportunities to avoid endangering themselves in returning home, many cannot complete their studies due to lack of financial resources. As a result of changing their status, some students will lose their funding source.  By offering resident fees to eligible candidates, couples that are students may have the opportunity to complete their educational programs without the fear of one having to return home for lack of funding.

House Committee - Testimony Against:      None.