H-3967

AN ACT Relating to a pilot project on resident tuition rates and financial aid portability for students residing in certain border counties; amending RCW 28B.15.012, 28B.10.790, 28B.10.802, and 28B.12.030; adding new sections to chapter 28B.80 RCW; adding a new section to chapter 28B.15 RCW; providing a contingent effective date; and providing an expiration date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 28B.80 RCW to read as follows:

(1) The legislature finds that:

(a) During the next fifteen to twenty years, Washington's colleges and universities will face significant capacity and fiscal pressures as they attempt to meet the enrollment demands of students from the baby boom echo generation and from workers seeking retraining;

(b) One of the ways to help alleviate some of the pressure caused by enrollment demands may be by permitting students to study and use their financial aid awards in colleges, universities, and private career schools located in other states;

(c) Some of Washington's college students living in border communities would benefit from an opportunity to study in specialized programs or institutions of higher education located in other states; and

(d) The state could benefit by creating pilot projects that study creative, cost-effective ways to meet the postsecondary education needs of Washington's students.

(2) Therefore, the legislature intends to work with the Idaho legislature to create a pilot project that permits residents of Kootenai and Bonner counties, Idaho, and Spokane county, Washington, to pay resident tuition rates at public colleges and universities located in any of the three counties. In addition, the legislature intends to permit needy residents of Spokane county to use their financial aid awards to study in accredited public and independent institutions of higher education and private career schools and colleges located in Kootenai and Bonner counties, Idaho.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.80 RCW to read as follows:

The border county higher education opportunity pilot project is created. The pilot project has two purposes. The first purpose is to permit certain residents of Spokane county, Washington, and Kootenai and Bonner counties, Idaho, to pay resident tuition rates when they attend a public college or university in any of the three counties. The second purpose is to permit needy resident students domiciled in those counties to use their state-funded financial aid awards when they attend an accredited public or independent institution of higher education or a private career school or college in any of the three counties.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.80 RCW to read as follows:

(1) The higher education coordinating board shall administer Washington's participation in the border county higher education opportunity pilot project.

(2) The board shall permit eligible needy Washington residents domiciled in Spokane county for at least one year before enrollment to use their state need grant awards when the students are enrolled in eligible career schools and colleges located in Kootenai and Bonner counties, Idaho, and their state need grant and work study awards when the students are enrolled in eligible public or independent institutions of higher education located in Kootenai and Bonner counties, Idaho. The board may adopt rules to establish eligibility criteria for student and institutional participation in the pilot project.

(3) By November 30, 2001, the board shall report to the governor and appropriate committees of the legislature on the results of the pilot project and on tuition reciprocity programs. The report shall include a recommendation on the extent to which tuition reciprocity and financial aid portability programs should be revised or expanded.

NEW SECTION. Sec. 4. A new section is added to chapter 28B.15 RCW to read as follows:

For the purposes of determining resident tuition rates, "resident student" includes:

(1) A resident of Idaho, residing in Kootenai or Bonner county, who meets the following conditions:

(a) The student is eligible to pay resident tuition rates under Idaho laws and has been domiciled in Kootenai or Bonner county for at least ninety consecutive days immediately before enrollment at an institution of higher education as defined in RCW 28B.10.016; and

(b) The student is enrolled either in a public institution of higher education located in Spokane county, Washington, or in a program offered in Spokane county, Washington, by a public institution of higher education as defined in RCW 28B.10.016; or

(2) A resident of Washington, residing in Spokane county, who meets the conditions of RCW 28B.15.013 and the following additional conditions:

(a) If the student is financially independent, the student shall have had a domicile in Spokane county, Washington for at least ninety days immediately before the beginning of the first day of the academic term for which the student is registered, and shall have established a bona fide domicile in this state primarily for purposes other than educational;

(b) If the student is a dependent, one or both of the student's parents or legal guardians has maintained a bona fide domicile in Spokane county, Washington for at least ninety days immediately before the beginning of the first day of the academic term for which the student is registered;

(c) The student is enrolled either at an institution of higher education in Spokane county, Washington or in a program offered in Spokane county by an institution of higher education as defined in RCW 28B.10.016;

(d) The student does not qualify as a nonresident student under the provisions of RCW 28B.15.012(3).

Sec. 5. RCW 28B.15.012 and 1997 c 433 s 2 are each amended to read as follows:

Whenever used in chapter 28B.15 RCW:

(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

(2) The term "resident student" shall mean:

(a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational;

(b) A dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution;

(c) A student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous;

(d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year;

(e) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state;

(f) A student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition agreement as described in RCW 28B.15.725; or

(g) A student who meets the requirements of RCW 28B.15.0131 or section 4 of this act: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.

(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. Except for students qualifying under subsection (2)(f) of this section, a nonresident student shall include:

(a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter. This condition shall not apply to students from Kootenai and Bonner counties, Idaho participating in the border county pilot project under sections 1 through 4 of this act.

(b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013.

(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require.

Sec. 6. RCW 28B.10.790 and 1985 c 370 s 54 are each amended to read as follows:

(1) Washington residents attending any nonprofit college or university in another state which has a reciprocity agreement with the state of Washington shall be eligible for the student financial aid program outlined in RCW 28B.10.800 through 28B.10.824 if (1) they qualify as a "needy student" under RCW 28B.10.802(3), and (2) the institution attended is a member institution of an accrediting association recognized by rule of the higher education coordinating board for the purposes of this section and is specifically encompassed within or directly affected by such reciprocity agreement and agrees to and complies with program rules and regulations pertaining to such students and institutions adopted pursuant to RCW 28B.10.822.

(2) Students participating in the pilot project under sections 2 through 4 of this act are eligible for the student financial aid programs outlined in RCW 28B.10.800 through 28B.10.824 and chapter 28B.12 RCW only if the students:

(a) Would qualify as resident students under RCW 28B.15.012(2) (a) through (e) if they were enrolled in an institution of higher education as defined in RCW 28B.10.016;

(b) Have been domiciled in Spokane county, Washington for a minimum of one year immediately before enrolling in an eligible institution of higher education located in Kootenai or Bonner county, Idaho;

(d) Are enrolled at an eligible institution of higher education, as defined by the board under section 3 of this act, that is located in Kootenai or Bonner county, Idaho.

Sec. 7. 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)~~)) (a) any public university, college, community college, or vocational-technical institute operated by the state of Washington or any political subdivision thereof ((~~or (2)~~)); (b) until June 30, 2002, and for the sole purpose of sections 2 through 4 of this act, any institution of higher education or private career school or college located in Kootenai or Bonner county, Idaho, that meets the eligibility requirements established by the board under section 3 of this act; or (c) 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. 8. RCW 28B.12.030 and 1994 c 130 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 higher education coordinating board, 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 Schools and Colleges or any public technical college in the state or until June 30, 2002, and for the sole purpose of sections 2 through 4 of this act, any institution of higher education located in Kootenai or Bonner county, Idaho, that meets the eligibility requirements established by the board under section 3 of this act.

NEW SECTION. Sec. 9. This act takes effect at the beginning of the academic term following the enactment of legislation or the adoption of rules in Idaho that permits Washington residents to pay resident tuition rates at public institutions of higher education located in Kootenai and Bonner counties, Idaho, if the Washington residents have been domiciled in Spokane county for at least ninety consecutive days immediately before the first day of enrollment in public institutions of higher education located in Kootenai or Bonner county, Idaho.

NEW SECTION. Sec. 10. This act expires June 30, 2002.