5475 AMH JACO H2969.1
SB 5475 - H AMD 613 FAILED 4-19-91
By Representatives Jacobsen and Prince
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.10.802 and 1989 c 254 s 2 are each amended to read as follows:
As used in RCW 28B.10.800 through 28B.10.824:
(1) "Institutions of higher education" shall mean (1) any public university, college, community college, or vocational-technical institute operated by the state of Washington or any political subdivision thereof or any tribally controlled college under P.L. 95-471 established by a Washington state Indian tribe and approved to administer federal title IV financial aid or (2) any other university, college, school, or institute in the state of Washington offering instruction beyond the high school level which is a member institution of an accrediting association recognized by rule of the board for the purposes of this section: PROVIDED, That any institution, branch, extension or facility operating within the state of Washington which is affiliated with an institution operating in another state must be a separately accredited member institution of any such accrediting association: PROVIDED FURTHER, That no institution of higher education shall be eligible to participate in a student financial aid program unless it agrees to and complies with program rules and regulations adopted pursuant to RCW 28B.10.822.
(2) The term "financial aid" shall mean loans and/or grants to needy students enrolled or accepted for enrollment as a student at institutions of higher education.
(3) The term "needy student" shall mean a post high school student of an institution of higher learning as defined in subsection (1) of this section who demonstrates to the board the financial inability, either through the student's parents, family and/or personally, to meet the total cost of board, room, books, and tuition and incidental fees for any semester or quarter.
(4) The term "disadvantaged student" shall mean a post high school student who by reason of adverse cultural, educational, environmental, experiential, familial or other circumstances is unable to qualify for enrollment as a full time student in an institution of higher learning, who would otherwise qualify as a needy student, and who is attending an institution of higher learning under an established program designed to qualify the student for enrollment as a full time student.
(5) "Commission" or "board" shall mean the higher education coordinating board."
"Sec. 2. RCW 28B.12.030 and 1974 ex.s. c 177 s 3 are each amended to read as follows:
As used in this chapter, the following words and terms shall have the following meanings, unless the context shall clearly indicate another or different meaning or intent:
(1) The term "needy student" shall mean a student enrolled or accepted for enrollment at a post-secondary institution who, according to a system of need analysis approved by the commission on higher education, demonstrates a financial inability, either parental, familial, or personal, to bear the total cost of education for any semester or quarter.
(2) The term "eligible institution" shall mean any post-secondary institution in this state accredited by the Northwest Association of Secondary and Higher Schools or any public vocational-technical school in the state or any tribally controlled college under P.L. 95-471 established by a Washington state Indian tribe and approved to administer federal title IV financial aid."
"Sec. 3. RCW 28B.102.020 and 1987 c 437 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a teacher in the public schools of this state.
(2) "Institution of higher education" or "institution" means a college or university in the state of Washington which is accredited by an accrediting association recognized as such by rule of the higher education coordinating board or any tribally controlled college under P.L. 95-471 established by a Washington state Indian tribe and approved to administer federal title IV financial aid.
(3) "Board" means the higher education coordinating board.
(4) "Eligible student" means a student who is registered for at least ten credit hours or the equivalent, demonstrates achievement of at least a 3.30 grade point average for students entering an institution of higher education directly from high school or maintains at least a 3.00 grade point average or the equivalent for each academic year in an institution of higher education, is a resident student as defined by RCW 28B.15.012 through 28B.15.015, and has a declared intention to complete an approved preparation program leading to initial teacher certification or required for earning an additional endorsement, or a college or university graduate who meets the same credit hour requirements and is seeking an additional teaching endorsement or initial teacher certification.
(5) "Public school" means an elementary school, a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution.
(6) "Forgiven" or "to forgive" or "forgiveness" means to render service as a teacher at a public school in the state of Washington in lieu of monetary repayment.
(7) "Satisfied" means paid-in-full.
(8) "Participant" means an eligible student who has received a conditional scholarship under this chapter.
(9) "Targeted ethnic minority" means a group of Americans with a common ethnic or racial heritage selected by the board for program consideration due to societal concerns such as high dropout rates or low rates of college participation by members of the group."
"Sec. 4. RCW 28B.104.020 and 1989 1st ex.s. c 9 s 206 and 1989 c 115 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders nursing service as a nurse serving in a nurse shortage area, as defined by the state department of health.
(2) "Institution of higher education" or "institution" means a community college, vocational-technical school, college, or university in the state of Washington which is accredited by an accrediting association recognized as such by rule of the higher education coordinating board or any tribally controlled college under P.L. 95-471 established by a Washington state Indian tribe and approved to administer federal title IV financial aid.
(3) "Board" means the higher education coordinating board.
(4) "Eligible student" means a student who has been accepted into a program leading to eligibility for licensure as a licensed practical nurse, or to a program leading to an associate, baccalaureate, or higher degree in nursing or continues satisfactory progress within the program; and has a declared intention to serve in a nurse shortage area upon completion of the educational program.
(5) "Nurse shortage area" means those areas where nurses are in short supply as a result of geographic maldistribution; or specialty areas of nursing, such as geriatrics or critical care, where vacancies exist in serious numbers that jeopardize patient care and pose a threat to the public health and safety. The state department of health shall determine nurse shortage areas in the state guided by federal standards of "health manpower shortage areas."
(6) "Forgiven" or "to forgive" or "forgiveness" means to render nursing service in a nurse shortage area in the state of Washington in lieu of monetary repayment.
(7) "Satisfied" means paid-in-full.
(8) "Participant" means an eligible student who has received a conditional scholarship under this chapter."
"Sec. 5. RCW 28B.108.010 and 1990 c 287 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Institution of higher education" or "institution" means a college or university in the state of Washington which is accredited by an accrediting association recognized as such by rule of the higher education coordinating board or any tribally controlled college under P.L. 95-471 established by a Washington state Indian tribe and approved to administer federal title IV financial aid.
(2) "Board" means the higher education coordinating board.
(3)
"Eligible student" or "student" means an American Indian ((student
as defined by the board in consultation with the advisory committee described
in RCW 28B.108.030,)) who is a financially needy student, as defined in RCW
28B.10.802, who is a resident student, as defined by RCW 28B.15.012(2), who is
a full-time student at an institution of higher education, and who promises to
use his or her education to benefit other American Indians."
"Sec. 6. RCW 28B.10.420 and 1979 c 14 s 1 are each amended to read as follows:
(1) Except as provided otherwise in subsection (2) of this section, faculty members or other employees designated by the boards of regents of the state universities, the boards of trustees of the regional universities or of The Evergreen State College, or the state board for community college education pursuant to RCW 28B.10.400 through 28B.10.420 as now or hereafter amended shall be retired from their employment with their institutions of higher education not later than the end of the academic year next following their seventieth birthday if their seventieth birthday occurs on or before June 30, 1991. There shall be no mandatory retirement on condition of age for faculty or other designated employees after July 1, 1991.
(2)
As provided in this subsection, the board of regents of a state university, the
board of trustees of a regional university or The Evergreen State College, or
the state board for community college education may reemploy any person who is
"retired" pursuant to ((subsection (1) of this section, who
applies for reemployment and who has reached seventy years of age on or after
July 1, 1970)) this chapter. The following provisions shall govern
such reemployment:
(a)
((Prior to the reemployment, the board of regents, board of trustees, or
state board shall have found that the person possesses outstanding
qualifications which in the judgment of the board would permit the person to
continue valuable service to the institution.
(b))) The
period of reemployment shall not be counted as service under, or result in any
eligibility for benefits or increased benefits under, any state authorized or
supported annuity or retirement income plan. Reemployment shall not result in
the reemployed person or employer making any contributions to any such plan.
(((c)
No person may be reemployed on a full time basis if such person is receiving
benefits under any state authorized or supported annuity or retirement income
plan. The reemployment of any person on a full time basis shall be immediately
terminated upon the person's obtaining of any such benefits.
(d))) (b)
A person may be reemployed on a part time basis and receive or continue to
receive any benefits for which such person is eligible under any state
authorized or supported annuity or retirement income plan. Such part time
work, however, shall not exceed forty percent of full time employment during
any year.
(((e)))
(c) A person reemployed pursuant to this section shall comply with all
conditions of reemployment and all rules providing for the administration of
this subsection which are prescribed or adopted by the board of regents, or
board of trustees, or by the state board for community college education."
"NEW SECTION. Sec. 7. A new section is added to chapter 28B.10 RCW to read as follows:
By October 31, 1991, each institution of higher education as defined in RCW 28B.10.016 shall use an existing committee or convene a physical access committee to identify barriers to physical access on each of the institution's campuses. The committee shall include, but is not limited to: One or more students with disabilities, one or more members of the faculty and staff with disabilities, the institution's coordinator of disabled student services, administrators, physical plant staff, and others as appropriate.
The committee shall present its findings and recommendations to the institution's administration. Beginning with the 1993-95 capital budget request, each institution shall incorporate into its capital budget process, efforts to substantially reduce and eventually eliminate physical barriers to access."
"Sec. 8. RCW 28B.108.030 and 1990 c 287 s 4 are each amended to read as follows:
The
higher education coordinating board shall establish an advisory committee to
assist in program design and to develop criteria for the screening and
selection of scholarship recipients. The committee shall be composed of
representatives of the same groups as the screening committee described in RCW
28B.108.020. ((These)) The criteria shall assess the student's
social and cultural ties to an American Indian community within the state. The
criteria shall include a priority for upper‑division or graduate students.
The criteria may include a priority for students who are majoring in program
areas in which expertise is needed by the state's American Indians."
"Sec. 9. RCW 28B.108.050 and 1990 c 287 s 6 are each amended to read as follows:
The
American Indian endowed scholarship trust fund is established. The trust fund
shall be administered by the state treasurer. Funds appropriated by the
legislature for the trust fund shall be deposited into the fund. All moneys
deposited in the fund shall be invested by the state treasurer.
Notwithstanding RCW 43.84.090, all earnings of investments of balances of the
trust fund shall be credited to the fund. At the request of the higher
education coordinating board, and when conditions set forth in RCW 28B.108.070
are met, the treasurer shall ((deposit)) transfer state matching
moneys ((in)) and any earned interest from the trust fund ((into))
to the American Indian endowment fund. No appropriation is required for
expenditures from the trust fund."
"Sec. 10. RCW 28B.108.060 and 1990 c 287 s 7 are each amended to read as follows:
The American Indian scholarship endowment fund is established. The endowment fund shall be administered by the state treasurer. Moneys received from the higher education coordinating board, private donations, state matching moneys and any earned interest, and funds received from any other source may be deposited into the endowment fund. All moneys deposited in the endowment fund shall be invested by the state treasurer. Notwithstanding RCW 43.84.090, all earnings of investments of balances of the endowment fund shall be credited to the endowment fund. At the request of the higher education coordinating board, the treasurer shall release earnings from the endowment fund to the board for scholarships. No appropriation is required for expenditures from the endowment fund.
The principal of the endowment fund shall not be invaded. The earnings on the fund shall be used solely for the purposes set forth in RCW 28B.108.040."
"Sec. 11. RCW 28B.108.070 and 1990 c 287 s 8 are each amended to read as follows:
The
higher education coordinating board may request that the treasurer deposit ((five
hundred)) fifty thousand dollars of state matching funds and any
earned interest into the American Indian scholarship endowment fund when
the board can match the state funds with an equal amount of private cash
donations. Private cash donations means moneys from nonstate sources
that include, but are not limited to, federal moneys, tribal moneys, and
assessments by commodity commissions authorized to conduct research activities,
including but not limited to research studies authorized under RCW 15.66.030
and 15.65.040."
"NEW SECTION. Sec. 12. The higher education coordinating board shall establish an advisory committee on access to higher education for students with disabilities. The committee shall include but need not be limited to representation from the following: Students with disabilities, coordinators of services for students with disabilities, the governor's committee on disability issues and employment, and agencies and organizations that work with or represent persons with disabilities."
"NEW SECTION. Sec. 13. In consultation with the advisory committee on access to higher education for students with disabilities the board shall:
(1) Inventory existing campus and agency resources available to address the accommodation needs of students with disabilities;
(2) Distribute the inventory to institutions of higher education and to the superintendent of public instruction for further distribution to appropriate personnel in the K-12 system;
(3) Survey institutions of higher education and students with disabilities to identify specific services that have been requested but not provided;
(4) Report the results of the survey, with recommendations on a phased plan to meet identified needs in priority order, to the governor, the house of representatives and senate higher education and fiscal committees, and the institutions of higher education;
(5) In coordination with the state board for community college education, conduct a state-wide training workshop for coordinators of services for students with disabilities."
"NEW SECTION. Sec. 14. If specific funding for the purposes of sections 12 and 13 of this act, referencing this act by bill number, is not provided by June 30, 1991, in the omnibus appropriations act, sections 12 and 13 of this act shall be null and void."
"NEW SECTION. Sec. 15. Sections 12 and 13 of this act are each added to chapter 28B.80 RCW."
"NEW SECTION. Sec. 16. Section 6 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991."
SB 5475 - H AMD
By Representative Jacobsen
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.10.802, 28B.12.030, 28B.102.020, 28B.108.010, 28B.10.420, 28B.108.030, 28B.108.050, 28B.108.060, and 28B.108.070; reenacting and amending RCW 28B.104.020; adding a new section to chapter 28B.10 RCW; adding new sections to chapter 28B.80 RCW; creating a new section; providing an effective date; and declaring an emergency."