BILL REQ. #:  H-1857.1 

Read first time 02/24/2003.   Referred to Committee on Higher Education.

     AN ACT Relating to roles and responsibilities of the higher education coordinating board; amending RCW 28B.80.330, 28B.80.340, 28B.80.610, and 28B.50.090; adding a new section to chapter 28B.80 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) At the time the higher education coordinating board was created in 1985, the legislature wanted a board with a comprehensive mission that included planning, budget and program review authority, and program administration;
     (b) Since its creation, the board has achieved numerous accomplishments, including proposals leading to creation of the branch campus system, and has made access and affordability of higher education a consistent priority;
     (c) However, higher education in Washington state is currently at a crossroads. Demographic, economic, and technological changes present new and daunting challenges for the state and its institutions of higher education. As the state looks forward to the future, the legislature, the governor, and institutions need a common strategic vision to guide planning and decision making.
     (2) Therefore, it is the legislature's intent to reaffirm and strengthen the strategic planning role of the higher education coordinating board. It is also the legislature's intent to examine options for reassigning or altering other roles and responsibilities to enable the board to place priority and focus on planning and coordination.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.80 RCW to read as follows:
     (1) The board shall develop a statewide strategic plan for higher education in Washington state that proposes a vision, goals, priorities, and specific strategies for maintaining and expanding access, affordability, quality, efficiency, and accountability among the various institutions of higher education.
     (2) In developing the statewide strategic plan, the board shall collaborate with the four-year institutions of higher education, the community and technical college system, and, when appropriate, the work force training and education coordinating board, the superintendent of public instruction, and the independent higher education institutions. The board shall also seek input from students, community and business leaders in the state, members of the legislature, and the governor.
     (3) As a foundation for the statewide strategic plan, the board shall develop and establish role and mission statements for each of the four-year institutions of higher education and the community and technical college system. The board shall consider whether certain major lines of study or types of degrees, including applied degrees or research-oriented degrees, should be assigned uniquely to some institutions or institutional sectors in order to create centers of excellence that focus resources and expertise.
     (4) In assessing needs of the state's higher education system, the board may consider and analyze the following information:
     (a) Demographic, social, economic, and technological trends and their impact on service delivery;
     (b) The changing ethnic composition of the population and the special needs arising from those trends;
     (c) Business and industrial needs for a skilled work force;
     (d) College attendance, retention, transfer, and dropout rates;
     (e) Needs and demands for basic and continuing education and opportunities for lifelong learning by individuals of all age groups; and
     (f) Needs and demands for access to higher education by placebound students and individuals in heavily populated areas underserved by public institutions.
     (5) The statewide strategic plan shall include, but not be limited to, the following:
     (a) Recommendations on enrollment and policies and actions to meet those needs;
     (b) State or regional priorities for new or expanded degree programs or off-campus programs, including what models of service delivery may be most cost-effective;
     (c) Recommended policies or actions to improve the efficiency of student transfer and graduation or completion;
     (d) State or regional priorities for addressing needs in high-demand fields where enrollment access is limited and employers are experiencing difficulty finding enough qualified graduates to fill job openings;
     (e) Recommended tuition and fees policies and levels based on comparisons with peer institutions; and
     (f) Priorities and recommendations on financial aid based on comparisons with peer institutions.
     (6) The board shall present the vision, goals, priorities, and strategies in the statewide strategic plan in a way that provides guidance for institutions, the governor, and the legislature to make further decisions regarding institution-level plans, policies, legislation, and operating and capital funding for higher education. In the statewide strategic plan, the board shall recommend specific actions to be taken and identify measurable performance indicators and benchmarks for gauging progress toward achieving the goals and priorities.
     (7) The board shall submit the initial statewide strategic plan under this section to the governor and the legislature by December 1, 2003. The plan shall be updated every four years and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature shall, by concurrent resolution, approve or recommend changes to the initial plan. The plan shall then become state higher education policy unless legislation is enacted to alter the policies set forth in the plan.

Sec. 3   RCW 28B.80.330 and 1997 c 369 s 10 are each amended to read as follows:
     The board shall perform the following planning duties in consultation with the four-year institutions, the community and technical college system, and when appropriate the work force training and education coordinating board, the superintendent of public instruction, and the independent higher educational institutions:
     (1) ((Develop and establish role and mission statements for each of the four-year institutions and for the community and technical college system;
     (2) Identify the state's higher education goals, objectives, and priorities;
     (3) Prepare a comprehensive master plan which includes but is not limited to:
     (a) Assessments of the state's higher education needs. These assessments may include, but are not limited to: The basic and continuing needs of various age groups; business and industrial needs for a skilled work force; analyses of demographic, social, and economic trends; consideration of the changing ethnic composition of the population and the special needs arising from such trends; college attendance, retention, and dropout rates, and the needs of recent high school graduates and placebound adults. The board should consider the needs of residents of all geographic regions, but its initial priorities should be applied to heavily populated areas underserved by public institutions;
     (b) Recommendations on enrollment and other policies and actions to meet those needs;
     (c) Guidelines for continuing education, adult education, public service, and other higher education programs;
     (d) Mechanisms through which the state's higher education system can meet the needs of employers hiring for industrial projects of statewide significance.
     The initial plan shall be submitted to the governor and the legislature by December 1, 1987. Comments on the plan from the board's advisory committees and the institutions shall be submitted with the plan.
     The plan shall be updated every four years, and presented to the governor and the appropriate legislative policy committees. Following public hearings, the legislature shall, by concurrent resolution, approve or recommend changes to the initial plan, and the updates. The plan shall then become state higher education policy unless legislation is enacted to alter the policies set forth in the plan;
     (4))) Review, evaluate, and make recommendations on operating and capital budget requests from four-year institutions and the community and technical college system, based on ((the elements outlined in subsections (1), (2), and (3) of this section, and on)) how the budget requests align with and implement the statewide strategic plan under section 2 of this act.
     (a) By December of each odd-numbered year, the board shall distribute guidelines which outline the board's fiscal priorities((. These guidelines shall be distributed)) to the institutions and the state board for community and technical colleges ((board by December of each odd-numbered year)). The institutions and the state board for community and technical colleges ((board)) shall submit an outline of their proposed budgets, identifying major components, to the board no later than August 1st of each even-numbered year. The board shall submit recommendations on the proposed budgets and on the board's budget priorities to the office of financial management before November 1st of each even-numbered year, and to the legislature by January 1st of each odd-numbered year;
     (((5))) (b) Institutions and the state board for community and technical colleges shall submit any supplemental budget requests and revisions to the board at the same time they are submitted to the office of financial management. The board shall submit recommendations on the proposed supplemental budget requests to the office of financial management by November 1st and to the legislature by January 1st;
     (((6))) (2) Recommend legislation affecting higher education;
     (((7) Recommend tuition and fees policies and levels based on comparisons with peer institutions;
     (8) Establish priorities and develop recommendations on financial aid based on comparisons with peer institutions;
     (9))) (3) Prepare recommendations on merging or closing institutions; and
     (((10))) (4) Develop criteria for identifying the need for new baccalaureate institutions.

Sec. 4   RCW 28B.80.340 and 1985 c 370 s 5 are each amended to read as follows:
     (1) The board shall perform the following program responsibilities, in consultation with the institutions and with other interested agencies and individuals:
     (((1))) (a) Approve the creation of any new degree programs at the four-year institutions and prepare fiscal notes on any such programs;
     (((2))) (b) Review, evaluate, and make recommendations for the modification, consolidation, initiation, or elimination of on-campus programs, at the four-year institutions;
     (((3))) (c) Review and evaluate and approve, modify, consolidate, initiate, or eliminate off-campus programs at the four-year institutions;
     (((4))) (d) Approve, and adopt guidelines for, higher education centers and consortia;
     (((5))) (e) Approve purchase or lease of major off-campus facilities for the four-year institutions and the community colleges;
     (((6))) (f) Establish campus service areas and define on-campus and off-campus activities and major facilities; and
     (((7))) (g) Approve contracts for off-campus educational programs initiated by the state's four-year institutions individually, in concert with other public institutions, or with independent institutions.
     (2) In performing its responsibilities under this section, the board shall consider, and require institutions to demonstrate, how the proposals align with or implement the statewide strategic plan under section 2 of this act.

Sec. 5   RCW 28B.80.610 and 1993 c 363 s 2 are each amended to read as follows:
     (1) At the local level, the higher education institutional responsibilities include but are not limited to:
     (a) Development and provision of strategic plans ((under the guidelines established by the higher education coordinating board)) that implement the vision, goals, priorities, and strategies within the statewide strategic plan under section 2 of this act based on the institution's role and mission. Institutional strategic plans shall also contain measurable performance indicators and benchmarks for gauging progress toward achieving the goals and priorities. In developing their strategic plans, the research universities shall consider the feasibility of significantly increasing the number of evening graduate classes;
     (b) For the four-year institutions of higher education, timely provision of information required by the higher education coordinating board to report to the governor, the legislature, and the citizens;
     (c) Provision of local student financial aid delivery systems to achieve both statewide goals and institutional objectives in concert with statewide policy; and
     (d) Operating as efficiently as feasible within institutional missions and goals.
     (2) At the state level, the higher education coordinating board shall be responsible for:
     (a) ((Delineation and coordination of)) Ensuring that strategic plans to be prepared by the institutions are aligned with and implement the statewide strategic plan under section 2 of this act and periodically monitoring institutions' progress toward achieving the goals and priorities within their plans;
     (b) Preparation of reports to the governor, the legislature, and the citizens on program accomplishments and use of resources by the institutions;
     (c) Administration and policy implementation for statewide student financial aid programs; and
     (d) Assistance to institutions in improving operational efficiency through measures that include periodic review of program efficiencies.
     (3) At the state level, on behalf of community colleges and technical colleges, the state board for community and technical colleges shall coordinate and report on the system's strategic plans, including reporting on the system's progress toward achieving the statewide goals and priorities within its plan, and shall provide any information required of its colleges by the higher education coordinating board.

Sec. 6   RCW 28B.50.090 and 1991 c 238 s 33 are each amended to read as follows:
     The college board shall have general supervision and control over the state system of community and technical colleges. In addition to the other powers and duties imposed upon the college board by this chapter, the college board shall be charged with the following powers, duties and responsibilities:
     (1) Review the budgets prepared by the boards of trustees, prepare a single budget for the support of the state system of community and technical colleges and adult education, and submit this budget to the governor as provided in RCW 43.88.090;
     (2) Establish guidelines for the disbursement of funds; and receive and disburse such funds for adult education and maintenance and operation and capital support of the college districts in conformance with the state and district budgets, and in conformance with chapter 43.88 RCW;
     (3) Ensure, through the full use of its authority:
     (a) That each college district shall offer thoroughly comprehensive educational, training and service programs to meet the needs of both the communities and students served by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; and community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and work force literacy programs and services. However, technical colleges, and college districts containing only technical colleges, shall maintain programs solely for occupational education, basic skills, and literacy purposes. For as long as a need exists, technical colleges may continue those programs, activities, and services they offered during the twelve-month period preceding May 17, 1991;
     (b) That each college district shall maintain an open-door policy, to the end that no student will be denied admission because of the location of the student's residence or because of the student's educational background or ability; that, insofar as is practical in the judgment of the college board, curriculum offerings will be provided to meet the educational and training needs of the community generally and the students thereof; and that all students, regardless of their differing courses of study, will be considered, known and recognized equally as members of the student body: PROVIDED, That the administrative officers of a community or technical college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, the student would not be competent to profit from the curriculum offerings of the college, or would, by his or her presence or conduct, create a disruptive atmosphere within the college not consistent with the purposes of the institution. This subsection (3)(b) shall not apply to competency, conduct, or presence associated with a disability in a person twenty-one years of age or younger attending a technical college;
     (4) Prepare a comprehensive master plan for the development of community and technical college education and training in the state; and assist the office of financial management in the preparation of enrollment projections to support plans for providing adequate college facilities in all areas of the state. The master plan shall include implementation of the vision, goals, priorities, and strategies in the statewide strategic plan under section 2 of this act based on the community and technical college system's role and mission. The master plan shall also contain measurable performance indicators and benchmarks for gauging progress toward achieving the goals and priorities;
     (5) Define and administer criteria and guidelines for the establishment of new community and technical colleges or campuses within the existing districts;
     (6) Establish criteria and procedures for modifying district boundary lines consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended and in accordance therewith make such changes as it deems advisable;
     (7) Establish minimum standards to govern the operation of the community and technical colleges with respect to:
     (a) Qualifications and credentials of instructional and key administrative personnel, except as otherwise provided in the state plan for vocational education,
     (b) Internal budgeting, accounting, auditing, and financial procedures as necessary to supplement the general requirements prescribed pursuant to chapter 43.88 RCW,
     (c) The content of the curriculums and other educational and training programs, and the requirement for degrees and certificates awarded by the colleges,
     (d) Standard admission policies,
     (e) Eligibility of courses to receive state fund support;
     (8) Establish and administer criteria and procedures for all capital construction including the establishment, installation, and expansion of facilities within the various college districts;
     (9) Encourage innovation in the development of new educational and training programs and instructional methods; coordinate research efforts to this end; and disseminate the findings thereof;
     (10) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter;
     (11) Authorize the various community and technical colleges to offer programs and courses in other districts when it determines that such action is consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended;
     (12) Notwithstanding any other law or statute regarding the sale of state property, sell or exchange and convey any or all interest in any community and technical college real and personal property, except such property as is received by a college district in accordance with RCW 28B.50.140(8), when it determines that such property is surplus or that such a sale or exchange is in the best interests of the community and technical college system;
     (13) In order that the treasurer for the state board for community and technical colleges appointed in accordance with RCW 28B.50.085 may make vendor payments, the state treasurer will honor warrants drawn by the state board providing for an initial advance on July 1, 1982, of the current biennium and on July 1 of each succeeding biennium from the state general fund in an amount equal to twenty-four percent of the average monthly allotment for such budgeted biennium expenditures for the state board for community and technical colleges as certified by the office of financial management; and at the conclusion of such initial month and for each succeeding month of any biennium, the state treasurer will reimburse expenditures incurred and reported monthly by the state board treasurer in accordance with chapter 43.88 RCW: PROVIDED, That the reimbursement to the state board for actual expenditures incurred in the final month of each biennium shall be less the initial advance made in such biennium;
     (14) Notwithstanding the provisions of subsection (12) of this section, may receive such gifts, grants, conveyances, devises, and bequests of real or personal property from private sources as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community and technical college programs and may sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof;
     (15) The college board shall have the power of eminent domain;
     (16) Provide general supervision over the state's technical colleges. The president of each technical college shall report directly to the director of the state board for community and technical colleges, or the director's designee, until local control is assumed by a new or existing board of trustees as appropriate, except that a college president shall have authority over program decisions of his or her college until the establishment of a board of trustees for that college. The directors of the vocational-technical institutes on March 1, 1991, shall be designated as the presidents of the new technical colleges.

NEW SECTION.  Sec. 7   (1) A joint select committee is established to review options pertaining to the higher education coordinating board. The joint select committee shall consist of the following members:
     (a) Two members from each caucus of the senate, appointed by the president of the senate, including the chair of the senate committee on higher education who shall serve as cochair; and
     (b) Two members from each caucus of the house of representatives, appointed by the speaker of the house of representatives, including the chair of the house committee on higher education who shall serve as cochair.
     (2) The joint select committee shall examine the following issues:
     (a) Options for reassigning or altering the responsibilities of the board to administer financial aid and other programs;
     (b) Options to strengthen, reduce, or eliminate other responsibilities of the board, including but not limited to review of institution operating and capital budget requests; approval of off-campus programs, centers, and consortia; monitoring institution performance measures; and gathering and analyzing data; and
     (c) Options for having the board fulfill its other responsibilities through performance-based compacts between institutions of higher education and the state, with the board acting as the state's negotiator and performance monitor.
     (3) The joint select committee shall use legislative facilities and staff from senate committee services and the office of program research and, within available funds, may obtain additional expertise or engage consultants if necessary to carry out the objectives of the study. Expenses of the joint select committee shall be paid jointly by the senate and the house of representatives.
     (4) The joint select committee shall report its findings and recommendations to the legislature by December 15, 2003.
     (5) This section expires July 1, 2004.