AN ACT
Relating to higher education fiscal matters; amending RCW 28B.15.066,
28B.15.067, 28B.15.076, 28B.15.070, 28B.15.100, 28B.15.740, 28B.50.095, and
28B.80.360; reenacting and amending RCW 28B.15.031 and 28B.15.820; adding a new
section to chapter 28B.15 RCW; creating a new section; repealing RCW
28B.15.202, 28B.15.402, and 28B.15.502; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It is the
intent of the legislature to address higher education funding through a
cooperative bipartisan effort that includes the legislative and executive
branches of government, parents, students, educators, and concerned citizens.
This effort will begin in 1995, with the results providing the basis for
discussion during the 1996 legislative session for future decisions and final
legislative action in 1997.
The
purpose of this act is to provide tuition increases for public institutions of
higher education as a transition measure until final action is taken in 1997.
Sec.
2. RCW
28B.15.031 and 1993 sp.s. c 18 s 6 and 1993 c 379 s 201 are each reenacted and
amended to read as follows:
The
term "operating fees" as used in this chapter shall include the fees,
other than building fees, charged all students registering at the state's
colleges and universities but shall not include fees for short courses,
self-supporting degree credit programs and courses, marine station work, experimental
station work, correspondence or extension courses, and individual instruction
and student deposits or rentals, disciplinary and library fines, which colleges
and universities shall have the right to impose, laboratory, gymnasium, health,
and student activity fees, or fees, charges, rentals, and other income derived
from any or all revenue producing lands, buildings and facilities of the
colleges or universities heretofore or hereafter acquired, constructed or
installed, including but not limited to income from rooms, dormitories, dining
rooms, hospitals, infirmaries, housing or student activity buildings, vehicular
parking facilities, land, or the appurtenances thereon, or such other special
fees as may be established by any college or university board of trustees or
regents from time to time. All moneys received as operating fees at any
institution of higher education shall be deposited in a local account
containing only operating fees revenue and related interest: PROVIDED, That ((two))
a minimum of three and one-half percent of operating fees shall be
retained by the institutions, except the technical colleges, for the purposes
of RCW 28B.15.820. Local operating fee accounts shall not be subject to
appropriation by the legislature or allotment procedures under chapter 43.88
RCW.
Sec.
3. RCW
28B.15.066 and 1993 c 379 s 205 are each amended to read as follows:
It is
the intent of the legislature that:
In
making appropriations from the state's general fund to institutions of higher
education, each appropriation shall conform to the following:
(1)
The appropriation shall not be reduced by the amount of operating fees
revenue estimated to be collected from students enrolled at the state-funded
enrollment level specified in the omnibus biennial operating appropriations act
((and the estimated interest on operating fees revenue, minus obligations
under RCW 28B.15.820 and 43.99I.040 and minus the amount of waived operating
fees authorized under RCW 28B.15.910));
(2)
The appropriation shall not be reduced by the amount of operating fees revenue
collected from students enrolled above the state-funded level, but within the
over-enrollment limitations, specified in the omnibus biennial operating
appropriations act; and
(3) The
general fund state appropriation shall not be reduced by the amount of
operating fees revenue collected as a result of waiving less operating fees
revenue than the amounts authorized under RCW 28B.15.910.
Sec.
4. RCW
28B.15.067 and 1992 c 231 s 4 are each amended to read as follows:
(1)
Tuition fees shall be established ((and adjusted annually)) under the
provisions of this chapter ((beginning with the 1987‑88 academic
year. Such fees shall be identical, subject to other provisions of this
chapter, for students enrolled at either state university, for students
enrolled at the regional universities and The Evergreen State College and for
students enrolled at any community college. Tuition fees shall reflect the
undergraduate and graduate educational costs of the state universities, the
regional universities and the community colleges, respectively, in the amounts
prescribed in this chapter)).
(2) Academic
year tuition for full-time students at the state's institutions of higher
education for the 1995-96 academic year, other than the summer term, shall be
as provided in this subsection.
(a)
At the University of Washington and Washington State University:
(i)
For resident undergraduate students and other resident students not in graduate
study programs or enrolled in programs leading to the degrees of doctor of
medicine, doctor of dental surgery, and doctor of veterinary medicine, two
thousand seven hundred sixty-four dollars;
(ii)
For nonresident undergraduate students and other nonresident students not in
graduate study programs or enrolled in programs leading to the degrees of
doctor of medicine, doctor of dental surgery, and doctor of veterinary
medicine, eight thousand two hundred sixty-eight dollars;
(iii)
For resident graduate and law students not enrolled in programs leading to the
degrees of doctor of medicine, doctor of dental surgery, and doctor of
veterinary medicine, four thousand four hundred ninety dollars;
(iv)
For nonresident graduate and law students not enrolled in programs leading to
the degrees of doctor of medicine, doctor of dental surgery, and doctor of
veterinary medicine, eleven thousand six hundred thirty-four dollars;
(v)
For resident students enrolled in programs leading to the degrees of doctor of
medicine, doctor of dental surgery, and doctor of veterinary medicine, seven
thousand four hundred ninety-seven dollars; and
(vi)
For nonresident students enrolled in programs leading to the degrees of doctor
of medicine, doctor of dental surgery, and doctor of veterinary medicine,
nineteen thousand four hundred thirty-one dollars.
(b)
At the regional universities and The Evergreen State College:
(i)
For resident undergraduate and all other resident students not in graduate
study programs, two thousand forty-five dollars;
(ii)
For nonresident undergraduate and all other nonresident students not in
graduate study programs, seven thousand nine hundred ninety-two dollars;
(iii)
For resident graduate students, three thousand four hundred forty-three
dollars; and
(iv)
For nonresident graduate students, eleven thousand seventy-one dollars.
(c)
At the community colleges:
(i)
For resident students, one thousand two hundred twelve dollars; and
(ii)
For nonresident students, five thousand one hundred sixty-two dollars and fifty
cents.
(3)
Academic year tuition for full-time students at the state's institutions of
higher education beginning with the 1996-97 academic year, other than the
summer term, shall be as provided in this subsection.
(a)
At the University of Washington and Washington State University:
(i)
For resident undergraduate students and other resident students not in graduate
study programs or enrolled in programs leading to the degrees of doctor of
medicine, doctor of dental surgery, and doctor of veterinary medicine, two
thousand eight hundred seventy-five dollars;
(ii)
For nonresident undergraduate students and other nonresident students not in
graduate study programs or enrolled in programs leading to the degrees of
doctor of medicine, doctor of dental surgery, and doctor of veterinary
medicine, eight thousand five hundred ninety-nine dollars;
(iii)
For resident graduate and law students not enrolled in programs leading to the
degrees of doctor of medicine, doctor of dental surgery, and doctor of
veterinary medicine, four thousand six hundred sixty-nine dollars;
(iv)
For nonresident graduate and law students not enrolled in programs leading to
the degrees of doctor of medicine, doctor of dental surgery, and doctor of
veterinary medicine, twelve thousand one hundred dollars;
(v)
For resident students enrolled in programs leading to the degrees of doctor of
medicine, doctor of dental surgery, and doctor of veterinary medicine, seven
thousand seven hundred ninety-seven dollars; and
(vi)
For nonresident students enrolled in programs leading to the degrees of doctor
of medicine, doctor of dental surgery, and doctor of veterinary medicine,
twenty thousand two hundred nine dollars.
(b)
At the regional universities and The Evergreen State College:
(i)
For resident undergraduate and all other resident students not in graduate study
programs, two thousand one hundred twenty-seven dollars;
(ii)
For nonresident undergraduate and all other nonresident students not in
graduate study programs, eight thousand three hundred twelve dollars;
(iii)
For resident graduate students, three thousand five hundred eighty-one dollars;
and
(iv)
For nonresident graduate students, eleven thousand five hundred fourteen
dollars.
(c)
At the community colleges:
(i)
For resident students, one thousand two hundred sixty-one dollars; and
(ii)
For nonresident students, five thousand three hundred sixty-nine dollars and
fifty cents.
(4)
The tuition fees established under this chapter shall not apply to high school
students enrolling in community colleges under RCW 28A.600.300 through
28A.600.395.
NEW
SECTION. Sec. 5. A new
section is added to chapter 28B.15 RCW to read as follows:
(1) As
used in this section, each of the following subsections is a separate tuition
category:
(a)
Resident undergraduate students and all other resident students not in first
professional, graduate, or law programs;
(b)
Nonresident undergraduate students and all other nonresident students not in
graduate or law programs;
(c)
Resident graduate and law students;
(d)
Nonresident graduate and law students;
(e)
Resident first professional students; and
(f)
Nonresident students in first professional programs.
(2)
Unless the context clearly requires otherwise, as used in this section
"first professional programs" means programs leading to one of the
following degrees: Doctor of medicine, doctor of dental surgery, or doctor of
veterinary medicine.
(3)
For the 1995-96 and 1996-97 academic years, the building fee for each academic
year shall be a percentage of total tuition fees. This percentage shall be
calculated by the higher education coordinating board and be based on the
actual percentage the building fee is of total tuition for each tuition
category in the 1994-95 academic year, rounded up to the nearest half percent.
(4)
The governing boards of each institution of higher education, except for the
technical colleges, shall charge to and collect from each student a services
and activities fee. A governing board may increase the existing fee annually,
consistent with budgeting procedures set forth in RCW 28B.15.045, by a
percentage not to exceed the annual percentage increase in student tuition fees
for the applicable tuition category: PROVIDED, That such percentage increase
shall not apply to that portion of the services and activities fee previously
committed to the repayment of bonded debt. The services and activities fee
committee provided for in RCW 28B.15.045 may initiate a request to the
governing board for a fee increase.
(5)
Tuition and services and activities fees consistent with subsection (4) of this
section shall be set by the state board for community and technical colleges
for community college summer school students unless the community college
charges fees in accordance with RCW 28B.15.515.
(6)
Subject to the limitations of RCW 28B.15.910, each governing board of a
community college may charge such fees for ungraded courses, noncredit courses,
community services courses, and self‑supporting courses as it, in its
discretion, may determine, consistent with the rules of the state board for
community and technical colleges.
Sec.
6. RCW
28B.15.076 and 1989 c 245 s 4 are each amended to read as follows:
The
higher education coordinating board shall determine and transmit amounts
constituting approved undergraduate and graduate educational costs to the
several boards of regents and trustees of the state institutions of higher
education by November 10 of each even-numbered year except the year 1990 for
which the transmittal shall be made by December 17. ((Tuition fees shall be
based on such costs in accordance with the provisions of this chapter.))
Sec.
7. RCW
28B.15.070 and 1992 c 231 s 5 are each amended to read as follows:
(1)
The higher education coordinating board, in consultation with the house of
representatives and senate committees responsible for higher education, the
respective fiscal committees of the house of representatives and senate, the
office of financial management, and the state institutions of higher education,
shall develop by December of every fourth year beginning in 1989, definitions,
criteria, and procedures for determining the undergraduate and graduate
educational costs for the state universities, regional universities, and
community colleges ((upon which tuition fees will be based)).
(2)
Every four years, the state institutions of higher education in cooperation
with the higher education coordinating board shall perform an educational cost
study pursuant to subsection (1) of this section. The study shall be conducted
based on every fourth academic year beginning with 1989‑90. Institutions
shall complete the studies within one year of the end of the study year and
report the results to the higher education coordinating board for
consolidation, review, and distribution.
(3) In
order to conduct the study required by subsection (2) of this section, the
higher education coordinating board, in cooperation with the institutions of
higher education, shall develop a methodology that requires the collection of
comparable educational cost data, which utilizes a faculty activity analysis or
similar instrument.
Sec.
8. RCW
28B.15.100 and 1993 sp.s. c 18 s 7 are each amended to read as follows:
(1)
The governing boards of the state universities, the regional universities, The
Evergreen State College, and the community colleges shall charge to and collect
from each of the students registering at the particular institution for any
quarter or semester such tuition fees and services and activities fees, and
other fees as such board shall in its discretion determine. The total of all
fees shall be rounded to the nearest whole dollar amount: PROVIDED, That such
tuition fees for other than the summer term shall be in the amounts for the
respective institutions as otherwise set forth in ((this chapter)) RCW
28B.15.067.
(2)
Part-time students shall be charged tuition and services and activities
fees proportionate to full-time student rates established for residents
and nonresidents: PROVIDED, That students registered for fewer than two credit
hours shall be charged tuition and services and activities fees at the rate
established for two credit hours: PROVIDED FURTHER, That, subject to the
limitations of RCW 28B.15.910, residents of Idaho or Oregon who are enrolled in
community college district number twenty for six or fewer credits during any
quarter or semester may be exempted from payment of all or a portion of the
nonresident tuition fees differential upon a declaration by the higher
education coordinating board that it finds Washington residents from the
community college district are afforded substantially equivalent treatment by
such other states.
(3)
Full-time students registered for more than eighteen credit hours shall be
charged an additional operating fee for each credit hour in excess of eighteen
hours at the applicable established per credit hour tuition fee rate for
part-time students: PROVIDED, That, subject to the limitations of RCW 28B.15.910,
the governing boards of the state universities and the community colleges may
exempt all or a portion of the additional charge, for students who are
registered exclusively in first professional programs in medicine, dental
medicine, veterinary medicine, or law, or who are registered exclusively in
required courses in vocational preparatory programs.
Sec.
9. RCW
28B.15.740 and 1993 sp.s. c 18 s 28 are each amended to read as follows:
(1)
Subject to the limitations of RCW 28B.15.910, the governing boards of the state
universities, the regional universities, The Evergreen State College, and the
community colleges may waive all or a portion of tuition and fees ((subject
to the following restrictions:
(1)
Except as provided in subsection (2) of this section, the total dollar amount
of tuition and fee waivers awarded by the governing boards shall not exceed
four percent, except for the community colleges considered as a whole, such
amount shall not exceed three percent of an amount determined by estimating the
total collections from tuition and services and activities fees had no such
waivers been made, and deducting the portion of that total amount that is
attributable to the difference between resident and nonresident fees:
PROVIDED, That at least three-fourths of the dollars waived shall be)) for
needy students who are eligible for resident tuition and fee rates pursuant to
RCW 28B.15.012 and 28B.15.013((: PROVIDED FURTHER, That the remainder of
the dollars waived, not to exceed one-fourth of the total, may be applied to)).
Subject to the limitations of RCW 28B.15.910, the governing boards of the state
universities, the regional universities, The Evergreen State College, and the
community colleges may waive all or a portion of tuition and fees for other
students at the discretion of the governing boards, except on the basis of
participation in intercollegiate athletic programs((: PROVIDED FURTHER,
That the waivers for undergraduate and graduate students of foreign nations
under RCW 28B.15.556 are not subject to the limitation under this section)),
not to exceed three-fourths of one percent of gross authorized operating fees
revenue under RCW 28B.15.910 for the community colleges considered as a whole and
not to exceed one percent of gross authorized operating fees revenue for the
other institutions of higher education.
(2) In
addition to the tuition and fee waivers provided in subsection (1) of this
section and subject to the provisions of RCW 28B.15.455 ((and)),
28B.15.460, and 28B.15.910, a total dollar amount of tuition and fee
waivers awarded by any state university, regional university, or state college
under this chapter, not to exceed one percent, as calculated in subsection (1)
of this section, may be used for the purpose of achieving or maintaining gender
equity in intercollegiate athletic programs. At any institution that has an
underrepresented gender class in intercollegiate athletics, any such waivers
shall be awarded:
(a)
First, to members of the underrepresented gender class who participate in
intercollegiate athletics, where such waivers result in saved or displaced
money that can be used for athletic programs for the underrepresented gender
class. Such saved or displaced money shall be used for programs for the
underrepresented gender class; and
(b)
Second, (i) to nonmembers of the underrepresented gender class who participate
in intercollegiate athletics, where such waivers result in saved or displaced
money that can be used for athletic programs for members of the
underrepresented gender class. Such saved or displaced money shall be used for
programs for the underrepresented gender class; or (ii) to members of the
underrepresented gender class who participate in intercollegiate athletics,
where such waivers do not result in any saved or displaced money that can be
used for athletic programs for members of the underrepresented gender class.
Sec.
10. RCW
28B.15.820 and 1993 c 385 s 1 and 1993 c 173 s 1 are each reenacted and amended
to read as follows:
(1)
Each institution of higher education, ((except)) including
technical colleges, shall deposit ((two)) a minimum of three and
one-half percent of revenues collected from tuition and services and activities
fees in an institutional financial aid fund that is hereby created and which
shall be held locally. Moneys in the fund shall be used only for the following
purposes: (a) To make guaranteed long-term loans to eligible students as
provided in subsections (3) through (8) of this section; (b) to make short-term
loans as provided in subsection (9) of this section; or (c) to provide
financial aid to needy students as provided in subsection (10) of this section.
(2) An
"eligible student" for the purposes of subsections (3) through (8)
and (10) of this section is a student registered for at least six credit hours
or the equivalent, who is eligible for resident tuition and fee rates as
defined in RCW 28B.15.012 through 28B.15.013, and who is a "needy student"
as defined in RCW 28B.10.802.
(3)
The amount of the guaranteed long-term loans made under this section shall not
exceed the demonstrated financial need of the student. Each institution shall
establish loan terms and conditions which shall be consistent with the terms of
the guaranteed loan program established by 20 U.S. Code Section 1071 et seq.,
as now or hereafter amended. All loans made shall be guaranteed by the
Washington student loan guaranty association or its successor agency.
Institutions are hereby granted full authority to operate as an eligible lender
under the guaranteed loan program.
(4)
Before approving a guaranteed long-term loan, each institution shall analyze
the ability of the student to repay the loan based on factors which include,
but are not limited to, the student's accumulated total education loan burdens
and the employment opportunities and average starting salary characteristics of
the student's chosen fields of study. The institution shall counsel the
student on the advisability of acquiring additional debt, and on the
availability of other forms of financial aid.
(5)
Each institution is responsible for collection of guaranteed long-term loans
made under this section and shall exercise due diligence in such collection,
maintaining all necessary records to insure that maximum repayments are made.
Institutions shall cooperate with other lenders and the Washington student loan
guaranty association, or its successor agency, in the coordinated collection of
guaranteed loans, and shall assure that the guarantability of the loans is not
violated. Collection and servicing of guaranteed long-term loans under this
section shall be performed by entities approved for such servicing by the
Washington student loan guaranty association or its successor agency:
PROVIDED, That institutions be permitted to perform such servicing if
specifically recognized to do so by the Washington student loan guaranty
association or its successor agency. Collection and servicing of guaranteed
long-term loans made by community colleges under subsection (1) of this section
shall be coordinated by the state board for community and technical colleges
and shall be conducted under procedures adopted by the state board.
(6)
Receipts from payment of interest or principal or any other subsidies to which
institutions as lenders are entitled, that are paid by or on behalf of
borrowers of funds under subsections (3) through (8) of this section, shall be
deposited in each institution's financial aid fund and shall be used to cover
the costs of making the guaranteed long-term loans under this section and
maintaining necessary records and making collections under subsection (5) of
this section: PROVIDED, That such costs shall not exceed five percent of
aggregate outstanding loan principal. Institutions shall maintain accurate
records of such costs, and all receipts beyond those necessary to pay such
costs, shall be deposited in the institution's financial aid fund.
(7)
The governing boards of the state universities, the regional universities, and
The Evergreen State College, and the state board for community and technical
colleges, on behalf of the community colleges and technical colleges,
shall each adopt necessary rules and regulations to implement this section.
(8)
First priority for any guaranteed long-term loans made under this section shall
be directed toward students who would not normally have access to educational
loans from private financial institutions in Washington state, and maximum use
shall be made of secondary markets in the support of loan consolidation.
(9)
Short-term loans, not to exceed one year, may be made from the institutional
financial aid fund to students enrolled in the institution. No such loan shall
be made to any student who is known by the institution to be in default or
delinquent in the payment of any outstanding student loan. A short-term loan
may be made only if the institution has ample evidence that the student has the
capability of repaying the loan within the time frame specified by the
institution for repayment.
(10)
Any moneys deposited in the institutional financial aid fund that are not used
in making long-term or short-term loans may be used by the institution for
locally-administered financial aid programs for needy students, such as
need-based institutional employment programs or need-based tuition and fee
scholarship or grant programs. These funds shall be used in addition to and
not to replace institutional funds that would otherwise support these
locally-administered financial aid programs. First priority in the use of
these funds shall be given to needy students who have accumulated excessive
educational loan burdens. An excessive educational loan burden is a burden
that will be difficult to repay given employment opportunities and average
starting salaries in the student's chosen fields of study. Second priority in
the use of these funds shall be given to needy single parents, to assist these
students with their educational expenses, including expenses associated with child
care and transportation.
Sec.
11. RCW
28B.50.095 and 1991 c 238 s 36 are each amended to read as follows:
In
addition to other powers and duties, the college board may issue rules and
regulations permitting a student to register at more than one community and
technical college, provided that such student shall pay tuition and fees as if
the student were registered at a single college, but not to exceed tuition and
fees charged a full-time student as established ((by RCW 28B.15.502)) under
chapter 28B.15 RCW.
Sec.
12. RCW
28B.80.360 and 1990 c 33 s 561 are each amended to read as follows:
The
board shall perform the following administrative responsibilities:
(1)
Administer the programs set forth in the following statutes: RCW 28A.600.100
through 28A.600.150 (Washington scholars); chapter 28B.04 RCW (displaced
homemakers); chapter 28B.85 RCW (degree-granting institutions); RCW 28B.10.210
through 28B.10.220 (blind students subsidy); RCW 28B.10.800 through 28B.10.824
(student financial aid program); chapter 28B.12 RCW (work study); RCW
28B.15.067 ((through 28B.15.076 (educational costs for)) (establishing
tuition and fees); RCW 28B.15.543 (tuition waivers for Washington scholars);
RCW 28B.15.760 through 28B.15.766 (math and science loans); RCW 28B.80.150
through 28B.80.170 (student exchange compact); RCW 28B.80.240 (student aid
programs); and RCW 28B.80.210 (federal programs).
(2)
Study the delegation of the administration of the following: RCW 28B.65.040
through 28B.65.060 (high-technology board); chapter 28B.85 RCW (degree-granting
institutions); RCW 28B.80.150 through 28B.80.170 (student exchange compact
programs); RCW 28B.80.200 (state commission for federal law purposes); RCW
28B.80.210 (enumerated federal programs); RCW 28B.80.230 (receipt of federal
funds); RCW 28B.80.240 (student financial aid programs); RCW 28A.600.120
through 28A.600.150 (Washington scholars); RCW 28B.15.543 (Washington
scholars); RCW 28B.04.020 through 28B.04.110 (displaced homemakers); RCW
28B.10.215 and 28B.10.220 (blind students); RCW 28B.10.790, 28B.10.792, and
28B.10.802 through 28B.10.844 (student financial aid); RCW 28B.12.040 through
28B.12.070 (student work study); RCW 28B.15.100 (reciprocity agreement); RCW
28B.15.730 through 28B.15.736 (Oregon reciprocity); RCW 28B.15.750 through
28B.15.754 (Idaho reciprocity); RCW 28B.15.756 and 28B.15.758 (British Columbia
reciprocity); and RCW 28B.15.760 through 28B.15.764 (math/science loans). The
board shall report the results of its study and recommendations to the
legislature.
NEW
SECTION. Sec. 13. The
following acts or parts of acts are each repealed:
(1) RCW
28B.15.202 and 1993 sp.s. c 18 s 8, 1993 c 379 s 202, 1992 c 231 s 7, 1985 c
390 s 19, 1982 1st ex.s. c 37 s 18, & 1981 c 257 s 6;
(2) RCW
28B.15.402 and 1993 sp.s. c 18 s 11, 1993 c 379 s 203, 1992 c 231 s 10, 1989 c
245 s 1, 1985 c 390 s 24, 1982 1st ex.s. c 37 s 19, & 1981 c 257 s 7; and
(3) RCW
28B.15.502 and 1993 sp.s. c 18 s 12, 1993 c 379 s 204, 1992 c 231 s 11, 1991 c
353 s 2, 1985 c 390 s 25, 1982 1st ex.s. c 37 s 10, & 1981 c 257 s 8.
NEW SECTION. Sec. 14. 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 immediately.
