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.
