BILL REQ. #:  H-1858.1 

Read first time 02/25/2003.   Referred to Committee on Higher Education.

     AN ACT Relating to tuition for students deployed to the Persian Gulf geographic region; amending RCW 28B.15.600, 28B.15.625, 28B.15.628, and 28B.10.017; adding a new section to chapter 28B.15 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.15 RCW to read as follows:
     Institutions of higher education, as defined in RCW 28B.10.016, shall provide eligible students as defined in RCW 28B.10.017 with two options. At the option of the eligible student, the institution shall either refund the total tuition and fees paid by the eligible student for the applicable academic term, or shall readmit the eligible student for one academic term under the following conditions:
     (1) The eligible student shall be exempt from the payment of additional tuition and fees;
     (2) No new course sections shall be created as a direct result of students receiving the waivers;
     (3) Enrollment information on students receiving the waivers shall be maintained separately from other enrollment information and shall not be considered in any enrollment statistics that would affect budgetary determinations; and
     (4) Institutions may apply to the legislature for a supplemental appropriation to cover the cost of serving any student who elects to exercise a reenrollment option under this section.

Sec. 2   RCW 28B.15.600 and 1995 c 36 s 1 are each amended to read as follows:
     The governing boards of the state universities, the regional universities, and The Evergreen State College may refund or cancel in full the tuition and services and activities fees if the student withdraws from a university or college course or program prior to the sixth day of instruction of the quarter or semester for which the fees have been paid or are due. If the student withdraws on or after the sixth day of instruction, the governing boards may refund or cancel up to one-half of the fees, provided such withdrawal occurs within the first thirty calendar days following the beginning of instruction. However, if a different policy is required by federal law in order for the institution of higher education to maintain eligibility for federal funding of programs, the governing board may adopt a refund policy that meets the minimum requirements of the federal law, and the policy may treat all students attending the institution in the same manner.
     The governing boards of the respective universities and college may adopt rules for the refund of tuition and fees for courses or programs that begin after the start of the regular quarter or semester. The governing boards may adopt rules to comply with ((RCW 28B.15.623)) section 1 of this act and may extend the refund or cancellation period for students who withdraw for medical reasons or who are called into the military service of the United States and may refund other fees pursuant to such rules as they may prescribe.

Sec. 3   RCW 28B.15.625 and 1991 c 164 s 10 are each amended to read as follows:
     Private vocational schools and private higher education institutions are encouraged to provide students deployed either to the Persian Gulf combat zone, as designated by the president of the United States through executive order, or in another location in support of the Persian Gulf combat zone, with the choice of tuition refunds or one free term, as provided under RCW 28B.10.017 and ((28B.15.623)) section 1 of this act for public higher education institutions.

Sec. 4   RCW 28B.15.628 and 1999 c 82 s 2 are each amended to read as follows:
     (1) The legislature finds that military and naval veterans who have served their country in wars on foreign soil have risked their own lives to defend both the lives of all Americans and the freedoms that define and distinguish our nation. It is the intent of the legislature to honor Persian Gulf combat zone veterans and veterans of the Persian Gulf geographic region for the public service they have provided to their country. It is the further intent of the legislature that, for eligible Persian Gulf combat zone veterans, institutions of higher education waive tuition and fee increases that have occurred after the 1990-91 academic year; and for veterans who served on active military duty in the Persian Gulf geographic region or in another location in support of United States' military action in the Persian Gulf, during the time the veteran served on active military duty in that location.
     (2) 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 exempt veterans of the Persian Gulf combat zone from all or a portion of increases in tuition and fees that occur after the 1990-91 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student on August 1, 1990, and during the academic year or years the veteran served on active military duty in the Persian Gulf geographic region or in another location in support of United States' military action initiated by executive order issued during 2003 or 2004.
     (3) For the purposes of this section, "a veteran of the Persian Gulf combat zone" means a person who served on active duty in the armed forces of the United States during any portion of the 1991 calendar year in the Persian Gulf combat zone as designated by executive order of the president of the United States or during any portion of the 2002-03 or 2003-04 academic years in the Persian Gulf geographic region in support of United States' military action initiated by executive order issued during 2003 or 2004.

Sec. 5   RCW 28B.10.017 and 1991 c 164 s 1 are each amended to read as follows:
     (1) "Eligible student" means a student who (((1))):
     (a)(i) Was enrolled in a Washington college, university, community college, or vocational-technical institute on or after August 2, 1990((,)); and
     (((2))) (ii) Is unable to complete the period of enrollment or academic term in which the student was enrolled because the student was deployed either in the Persian Gulf combat zone, as designated by the president of the United States by executive order, or in another location in support of the Persian Gulf combat zone; or
     (b) Was deployed in the Persian Gulf geographic region in support of United States' military action by executive order issued in 2003 or 2004.
     (2) An eligible student is required to verify his or her inability to complete an academic term through military service records, movement orders, or a certified letter signed by the student's installation personnel officer.

NEW SECTION.  Sec. 6   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 takes effect immediately.