READ FIRST TIME 03/10/03.   

     AN ACT Relating to increased tuition fees and fees for excess credits taken at institutions of higher education; and adding a new section to chapter 28B.15 RCW.

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:
     (1) For the purposes of this section, "cost of instruction" means the average instructional support in state general funds and operating fees per full-time equivalent undergraduate, at each respective institution for the prior academic year, as disclosed by the higher education coordinating board under RCW 28B.10.044.
     (2) Credits earned through advance placement programs shall not be applied to the total accumulated for the purposes of this section.
     (3)(a) For resident undergraduate students who have accumulated more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate degree at a state university, regional university, or The Evergreen State College, tuition fees shall equal a sum not less than the cost of instruction.
     (b) For resident undergraduate students who have accumulated more than one hundred twenty-five percent of the number of credits required to complete their respective associate degree or certificate programs at a state community or technical college, tuition fees shall equal a sum not less than the cost of instruction.
     (4)(a) For nonresident undergraduate students who have accumulated more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate degree at a state university, regional university, or The Evergreen State College, tuition fees shall equal a sum not less than twice the cost of instruction.
     (b) For nonresident undergraduate students who have accumulated more than one hundred twenty-five percent of the number of credits required to complete their respective associate degree or certificate programs at a state community or technical college, tuition fees shall equal a sum not less than twice the cost of instruction.
     (5) It is presumed that increased tuition fees will apply to all students described in subsections (3) and (4) of this section unless the student presents to his or her registrar evidence that one or more of the following exemptions apply:
     (a) The student is a dislocated worker as defined by RCW 50.04.075 or a person engaging in a job training program under the purview of the work force training and education coordinating board;
     (b) The student participates in the border county higher education opportunity project under RCW 28B.80.806;
     (c) The student is a certificated teacher of the K-12 school system pursuing continuing education credits according to certification requirements;
     (d) The student has not been enrolled in an institution of higher education during the preceding five years.
     (6) Students who believe they are under extraordinary or unforeseen academic or personal circumstances or were unable to complete their baccalaureate degree program within the number of credits specified due to institutional constraints may petition the higher education coordinating board for a special waiver from the tuition provision of subsections (3) and (4) of this section. The board shall create a process through which student petitions may be fairly processed, heard, and determined. The process shall include a one hundred dollar administrative fee. The entire amount of the fee shall be refunded for those students who make a successful petition.
     (7) For students unable to enroll in a class required for the student's major due to the sequencing of courses, if the student enrolls in the class the next time it is offered, the institution must waive the tuition and fees for that class.
     (8) The general fund--state appropriation to an institution of higher education may not be reduced by the additional amount of operating fees revenue collected as a result of this section.