H-1452

AN ACT Relating to a program for educational opportunity grants in designated urban areas; adding new sections to chapter 74.13 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that students are enriched by choices in appropriate educational alternatives. The legislature further finds that students of preschool, elementary, and junior and senior high school age in our large urban areas would benefit by educational alternatives and opportunities not otherwise economically available to them, and that such opportunities would be especially beneficial to students from minority and economically disadvantaged families. Furthermore, the empowerment of parents and guardians of such students, through an educational opportunity grant program, would strengthen both public and alternative educational offerings, and would increase the academic performance of economically deprived urban city youth. In addition, the legislature finds that the program authorized by sections 1 through 7 of this act is necessary for the support of economically disadvantaged and low-income families, and especially of the children of economically disadvantaged and low-income urban families.

For these reasons, the legislature believes that a pilot program of educational opportunity grants to economically disadvantaged families should be adopted. Such grants would be used for tuition and other education costs at both public and private schools.

NEW SECTION. Sec. 2. (1) The state shall establish an educational opportunity grant program to carry out the purposes of section 1 of this act by September 1, 1991. This program shall expire June 30, 1995, and shall be implemented along the following schedule:

(a) For the 1991-92 school year: Six hundred grants;

(b) For the 1992-93 school year: Eight hundred grants;

(d) For the 1994-95 school year: One thousand two hundred grants.

(2) The program shall be implemented in the Seattle, Tacoma, and Spokane school districts.

(3) Those eligible for the grants authorized in subsection (1) of this section are students of families whose income level is no greater than one hundred seventy-five percent of the federal poverty level, or educational opportunity foundations that would use such grants for the benefit of such students.

(4) Grants created under subsection (1) of this section may be used at any educational institution certified under RCW 28A.150.220 or 28A.195.010.

(5) Should applications exceed the number of designated grants, choice of grant recipients shall be made by a lottery system, as designed by rule, by the department of social and health services.

(6) No individual grant may be greater than two thousand dollars per annum.

NEW SECTION. Sec. 3. (1) Grant payments shall be made by the department of social and health services in one of two methods: Either directly to parents or guardians of students whose families qualify for the grant program, or to educational opportunity foundations. Such parents or guardians, or educational opportunity foundations, shall use grant funds at any public or private school qualified under section 2 of this act. Accompanying the initial grant authorization from the department of social and health services shall be a grant acceptance to be cosigned either by a qualified parent or guardian, or appropriate foundation official, as determined in section 2 of this act, and an executive or financial officer of such a school. No final payment may be made for any grant until the department has received the cosigned acceptance for the grant.

(2) Grant moneys received or authorized by a parent or guardian or by an appropriate foundation to be received by a qualified school, may be used for tuition and other educational costs at any qualified public or private school.

NEW SECTION. Sec. 4. "Educational opportunity foundations" means foundations incorporated under the Washington nonprofit corporation act whose primary purpose is to enhance educational opportunities for students from economically poor backgrounds and environments. Foundations are eligible to receive grant funds under the program authorized in sections 1 through 7 of this act, as well as encouraged to receive funding from individuals, corporations, other foundations, and other persons interested in improving educational opportunities for the poor. The department of social and health services shall maintain a register of such foundations.

NEW SECTION. Sec. 5. The department of social and health services shall report to the education committees of the senate and the house of representatives, the office of financial management, the superintendent of public instruction, and the state board of education on the results of the pilot project established by section 2(1) of this act. The report shall be completed and filed by January 10, 1993, and again on January 10, 1995.

NEW SECTION. Sec. 6. (1) The department of social and health services, the office of financial management, the superintendent of public instruction, and the state board of education shall cooperate with each other in implementing the program authorized by sections 1 through 7 of this act, and may enter into agreements with each other, other state or local government agencies, and any federal government agencies necessary to implement this program.

(2) The department of social and health services may adopt rules necessary to implement sections 1 through 7 of this act.

NEW SECTION. Sec. 7. No funds appropriated to carry out the program authorized by sections 1 through 6 of this act may be applied to any religious worship, exercise, or instruction, or for the support of any religious establishment. Access to the benefits of the program authorized by sections 1 through 6 of this act shall be available to all qualifying students, regardless of race, creed, physical or sensory handicap, intellectual ability, or academic history.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act are each added to chapter 74.13 RCW.

NEW SECTION. Sec. 9. 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.

NEW SECTION. Sec. 10. The sum of two million eight hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purposes of this act.