S-4095

AN ACT Relating to institutions of higher education; amending RCW 28B.10.569, 28B.45.010, 28B.45.020, 28B.45.0201, 28B.45.030, 28B.45.040, 28B.45.050, 28B.80.450, 28B.80.510, 28B.101.020, 34.05.514, and 43.105.820; and reenacting and amending RCW 28B.101.040.

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

Sec. 1. RCW 28B.10.569 and 1990 c 288 s 7 are each amended to read as follows:

(1) Each institution of higher education with a commissioned police force shall report to the Washington association of sheriffs and police chiefs or its successor agency, on a monthly basis, crime statistics for the Washington state uniform crime report, in the format required by the Washington association of sheriffs and police chiefs, or its successor agency. Institutions of higher education which do not have commissioned police forces shall report crime statistics through appropriate local law enforcement agencies.

(2) Each institution of higher education shall publish and distribute a report which shall be updated annually and which shall include the crime statistics as reported under subsection (1) of this section for the most recent three-year period. Upon request, the institution shall provide the report to every person who submits an application for admission to ((~~either a main or branch~~)) any campus, and to each new employee at the time of employment. In its acknowledgement of receipt of the formal application for admission, the institution shall notify the applicant of the availability of such information. The information also shall be provided on an annual basis to all students and employees. Institutions with more than one campus shall provide the required information on a campus-by-campus basis.

(3) Each institution of higher education shall provide to every new student and new employee, and upon request to other interested persons, information which follows the general categories for safety policies and procedures outlined in this section. Such categories shall, at a minimum, include campus enrollments, campus nonstudent work force profile, the number and duties of campus security personnel, arrangements with state and local police, and policies on controlled substances. Information for the most recent academic year also shall include a description of any programs offered by an institution's student affairs or services department, and by student government organizations regarding crime prevention and counseling, including a directory of available services and appropriate telephone numbers and physical locations of these services. In addition, institutions maintaining student housing facilities shall include information detailing security policies and programs.

Institutions with ((~~a main campus and one or more branch campuses~~)) more than one campus not including off-campus centers of regional universities and The Evergreen State College shall provide the information on a campus-by-campus basis.

In the case of community colleges, colleges shall provide such information to the main campuses only and shall provide reasonable alternative information at any off-campus centers and other affiliated college sites enrolling less than one hundred students.

(4) Each institution shall establish a task force which shall annually examine campus security and safety issues. The task force shall review the report published and distributed pursuant to this section in order to ensure the accuracy and effectiveness of the report, and make any suggestions for improvement. This task force shall include representation from the institution's administration, faculty, staff, recognized student organization, and police or security organization.

Sec. 2. RCW 28B.45.010 and 1989 1st ex.s. c 7 s 1 are each amended to read as follows:

The legislature finds that the benefits of higher education should be more widely available to the citizens of the state of Washington. The legislature also finds that a citizen's place of residence can restrict that citizen's access to educational opportunity at the upper division and graduate level.

Because most of the state-supported baccalaureate universities are located in areas removed from major metropolitan areas, the legislature finds that many of the state's citizens, especially those citizens residing in the central Puget Sound area, the Tri-Cities, Spokane, Vancouver, and Yakima, have insufficient and inequitable access to upper-division baccalaureate and graduate education.

This lack of sufficient educational opportunities in urban areas makes it difficult or impossible for place-bound individuals, who are unable to relocate, to complete a baccalaureate or graduate degree. It also exacerbates the difficulty financially needy students have in attending school, since many of those students need to work, and work is not always readily available in some communities where the baccalaureate institutions of higher education are located.

The lack of sufficient educational opportunities in metropolitan areas also affects the economy of the underserved communities. Businesses benefit from access to the research and teaching capabilities of institutions of higher education. The absence of these institutions from some of the state's major urban centers prevents beneficial interaction between businesses in these communities and the state's universities.

The Washington state master plan for higher education, adopted by the higher education coordinating board, recognizes the need to expand upper-division and graduate educational opportunities in the state's large urban centers. The board has also attempted to provide a means for helping to meet future educational demand through a system of ((~~branch~~)) campuses in the state's major urban areas: The University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, and Washington State University Spokane.

The legislature endorses the assignment of responsibility to serve these urban centers that the board has made to various institutions of higher education. The legislature also endorses the creation of ((~~branch campuses for the University of Washington and Washington State University~~)) : The University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, and Washington State University Spokane.

The legislature recognizes that, among their other responsibilities, the state's comprehensive community colleges share with the four-year universities and colleges the responsibility of providing the first two years of a baccalaureate education. It is the intent of the legislature that the four-year institutions and the community colleges work as cooperative partners to ensure the successful and efficient operation of the state's system of higher education. The legislature further intends that the four-year institutions work cooperatively with the community colleges to ensure that ((~~branch campuses~~)) the University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, and Washington State University Spokane are operated as models of a two plus two educational system.

Sec. 3. RCW 28B.45.020 and 1994 c 217 s 3 are each amended to read as follows:

The University of Washington is responsible for ensuring the expansion of upper-division and graduate educational programs in the central Puget Sound area under rules or guidelines adopted by the higher education coordinating board. The University of Washington shall meet that responsibility through the operation of ((~~at least two branch campuses. One branch campus shall be located in the Tacoma area. Another branch campus shall be collocated with Cascadia Community College in the Bothell-Woodinville area~~)) the University of Washington Tacoma and the University of Washington Bothell.

Sec. 4. RCW 28B.45.0201 and 1994 c 217 s 1 are each amended to read as follows:

The legislature finds that population growth in north King and south Snohomish counties has created a need to expand higher education and work force training programs for the people living and working in those areas. In keeping with the recommendations of the higher education coordinating board, the legislature intends to help address those education and training needs through the creation of Cascadia Community College, expansion of educational opportunities at Lake Washington Technical College, and support of the University of Washington((~~'s branch campus at Bothell-Woodinville~~)) Bothell. It is further the intention of the legislature, in keeping with the higher education coordinating board recommendations, that the Cascadia Community College and the University of Washington ((~~branch campus~~)) Bothell be collocated, and that the new community college and the University of Washington((~~'s branch campus~~)) Bothell work in partnership to ensure that properly prepared students from community colleges and other institutions are able to transfer smoothly to the ((~~branch campus~~)) University of Washington Bothell.

((The legislature further finds that a governing board for Cascadia Community College needs to be appointed and confirmed as expeditiously as possible. The legislature intends to work cooperatively with the governor to facilitate the appointment and confirmation of trustees for the college.))

Sec. 5. RCW 28B.45.030 and 1989 1st ex.s. c 7 s 4 are each amended to read as follows:

Washington State University is responsible for providing upper-division and graduate level higher education programs to the citizens of the Tri-Cities area, under rules or guidelines adopted by the higher education coordinating board. Washington State University shall meet that responsibility through the operation of ((a branch campus in the Tri-Cities area. The branch campus shall replace and supersede the Tri-Cities university center. All land, facilities, equipment, and personnel of the Tri-Cities university center shall be transferred from the University of Washington to)) Washington State University Tri-Cities.

Sec. 6. RCW 28B.45.040 and 1989 1st ex.s. c 7 s 5 are each amended to read as follows:

Washington State University is responsible for providing upper-division and graduate level higher education programs to the citizens of the southwest Washington area, under rules or guidelines adopted by the higher education coordinating board. Washington State University shall meet that responsibility through the operation of ((~~a branch campus in the southwest Washington area~~)) Washington State University Vancouver.

Sec. 7. RCW 28B.45.050 and 1991 c 205 s 11 are each amended to read as follows:

Washington State University and Eastern Washington University are responsible for providing upper-division and graduate level programs to the citizens of the Spokane area((~~, under rules or guidelines adopted by the joint center for higher education~~)). However, before any degree is authorized under this section it shall be subject to the review and approval of the higher education coordinating board. Washington State University shall meet its responsibility through the operation of ((~~a branch campus in the~~)) Washington State University Spokane ((~~area~~)). Eastern Washington University shall meet its responsibility through the operation of programs and facilities in Spokane.

Sec. 8. RCW 28B.80.450 and 1990 c 288 s 1 are each amended to read as follows:

The higher education coordinating board shall study upper division baccalaureate educational needs of placebound students, and the graduate educational needs of teachers, living in areas of the state not currently served by either existing four-year institutions or ((~~branch campuses~~)) the University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, or Washington State University Spokane. The study shall include recommendations on how the needs should be addressed, and which institutions should be responsible for serving specific areas.

Sec. 9. RCW 28B.80.510 and 1989 1st ex.s. c 7 s 8 are each amended to read as follows:

In rules and guidelines adopted for purposes of chapter 7, Laws of 1989 1st ex. sess., the higher education coordinating board shall ensure a collaborative partnership between the community colleges and the four-year institutions. The partnership shall be one in which the community colleges prepare students for transfer to the upper-division programs of the ((~~branch campuses~~)) four-year institutions.

Sec. 10. RCW 28B.101.020 and 1990 c 288 s 4 are each amended to read as follows:

(1) For the purposes of this chapter, "placebound" means unable to relocate to complete a college program because of family or employment commitments, health concerns, monetary inability, or other similar factors.

(2) To be eligible for an educational opportunity grant, applicants must be placebound residents of the state of Washington who are needy students as defined in RCW 28B.10.802(3) and who have completed the associate of arts degree or its equivalent. A placebound resident is one who may be influenced by the receipt of an enhanced student financial aid award to attend an institution that has existing unused capacity rather than attend ((~~a branch campus established pursuant to chapter 28B.45 RCW~~)) the University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, or Washington State University Spokane. An eligible placebound applicant is further defined as a person whose residence is located in an area served by a ((~~branch campus~~)) one of these institutions of higher education who, because of family or employment commitments, health concerns, monetary need, or other similar factors, would be unable to complete an upper-division course of study but for receipt of an educational opportunity grant.

Sec. 11. RCW 28B.101.040 and 1993 sp.s. c 18 s 35 and 1993 c 385 s 2 are each reenacted and amended to read as follows:

Grants may be used by eligible participants to attend any public or private college or university in the state of Washington that is accredited by an accrediting association recognized by rule of the higher education coordinating board and that has an existing unused capacity. Grants shall not be used to attend ((~~any branch campus or educational program established under chapter 28B.45 RCW~~)) the University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, or Washington State University Spokane. The participant shall not be eligible for a grant if it will be used for any programs that include religious worship, exercise, or instruction or to pursue a degree in theology. Each participating student may receive up to two thousand five hundred dollars per academic year, not to exceed the student's demonstrated financial need for the course of study. Resident students as defined in RCW 28B.15.012(2)((~~(e)~~)) (f) are not eligible for grants under this chapter.

Sec. 12. RCW 34.05.514 and 2001 c 220 s 3 are each amended to read as follows:

(1) Except as provided in subsections (2) and (3) of this section, proceedings for review under this chapter shall be instituted by paying the fee required under RCW 36.18.020 and filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.

(2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of ((~~a branch campus~~)) the University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, or Washington State University Spokane if the action involves ((~~such branch~~)) one of those institutions.

(3) For proceedings conducted by the pollution control hearings board pursuant to chapter 43.21B RCW or as otherwise provided in RCW 90.03.210(2) involving decisions of the department of ecology on applications for changes or transfers of water rights that are the subject of a general adjudication of water rights that is being litigated actively under chapter 90.03 or 90.44 RCW, the petition must be filed with the superior court conducting the adjudication, to be consolidated by the court with the general adjudication. A party to the adjudication shall be a party to the appeal under this chapter only if the party files or is served with a petition for review to the extent required by this chapter.

Sec. 13. RCW 43.105.820 and 1999 c 285 s 11 are each amended to read as follows:

The information services board shall prepare a technical plan for the design and construction of the K-20 telecommunication system. The board shall ensure that the technical plan adheres to the goals and objectives established under RCW 43.105.041. The board shall provide formal project approval and oversight during the development and implementation of the K-20 telecommunications network. In approving the plan, the board shall conduct a request for proposal process. The technical plan shall be developed in phases as follows:

(1) Phase one shall provide a telecommunication backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the ((~~branch campuses of public research institutions~~)) University of Washington Tacoma, the University of Washington Bothell, Washington State University Vancouver, Washington State University Tri-Cities, and Washington State University Spokane, and the main campuses of community colleges and technical colleges.

(2) Phase two shall provide for (a) connection to the network by entities that include, but need not be limited to: School districts, public higher education off-campus and extension centers, and ((~~branch~~)) other campuses of community colleges and technical colleges, as prioritized by the K-20 telecommunications oversight and policy committee, or as modified by the board; (b) distance education facilities and components for entities listed in subsections (1) and (2) of this section; and (c) connection for independent nonprofit institutions of higher education, provided that:

(i) The K-20 board and each independent nonprofit institution of higher education to be connected agree in writing to terms and conditions of connectivity. The terms and conditions shall ensure, among other things, that the provision of K-20 services does not violate Article VIII, section 5 of the state Constitution and that the institution shall adhere to network policies; and

(ii) The K-20 board determines that inclusion of the independent nonprofit institutions of higher education will not significantly affect the network's eligibility for federal universal service fund discounts or subsidies.

(3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.