E2SHB 2021 -
By Committee on Higher Education & Workforce Development
ADOPTED AND ENGROSSED 04/14/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that a myriad of
financial aid programs exist for students at the federal, state, local,
community, and institutional levels. These programs enable thousands
of students across Washington to access all sectors of higher
education, from apprenticeship programs to public and private four and
two-year institutions of higher education. The legislature further
finds that Washington state is a national leader in the distribution of
financial aid to increase college access and affordability, ranking
fourth in the nation in 2007 in terms of state student grant aid
funding per capita.
It is the intent of the legislature to promote and expand access to
state financial aid programs by determining which programs provide the
greatest value to the largest number of students, and by fully
supporting those programs. Furthermore, it is the intent of the
legislature to designate all existing financial aid an opportunity
pathway, with the effect of providing students with a clear
understanding of available resources to pay for postsecondary
education, thereby increasing access to postsecondary education and
meeting the needs of local business and industry.
It is the intent of the legislature that the higher education
coordinating board, the state board for community and technical
colleges, the office of the superintendent of public instruction, the
workforce training and education coordinating board, and institutions
of higher education coordinate the development of outreach tools, such
as a web-based portal for information on all opportunity pathway aid
programs. The information should be communicated in a format and
manner that provides an ease of understanding for students and their
families and include other pertinent information on institutions of
higher education, costs, and academic programs. It is also the intent
of the legislature for institutions of higher education to incorporate
this information in promotional materials to prospective and current
students and their families.
NEW SECTION. Sec. 2 A new section is added to chapter 28B.101
RCW to read as follows:
(1) The legislature intends to consolidate the educational
opportunity grant program over a period of two years. As of August 1,
2009, no new educational opportunity grants may be made. Persons who
have been selected by the higher education coordinating board to
receive a grant before August 1, 2009, shall receive the full amount of
their award, not to exceed two thousand five hundred dollars per
academic year for a maximum of two years. All persons awarded an
educational opportunity grant before August 1, 2009, must complete
using the award before August 1, 2011. For these recipients,
eligibility for the grant is forfeited after this period.
(2) This section expires August 1, 2011.
NEW SECTION. Sec. 3 A new section is added to chapter 28B.92 RCW
to read as follows:
(1) To the extent funds are appropriated for this purpose and
within overall appropriations for the state need grant, enhanced need
grants are provided for persons who meet all of the following criteria:
(a) Are needy students as defined in RCW 28B.92.030;
(b) Are placebound students as defined in RCW 28B.92.030; and
(c) Have completed the associate of arts or the associate of
science degree, or its equivalent.
(2) The enhanced need grants established in this section are
provided to this specific group of students in addition to the base
state need grant, as defined by rule of the board.
Sec. 4 RCW 28B.92.060 and 2007 c 404 s 2 are each amended to read
as follows:
In awarding need grants, the board shall proceed substantially as
follows: PROVIDED, That nothing contained herein shall be construed to
prevent the board, in the exercise of its sound discretion, from
following another procedure when the best interest of the program so
dictates:
(1) The board shall annually select the financial aid award
recipients from among Washington residents applying for student
financial aid who have been ranked according to:
(a) Financial need as determined by the amount of the family
contribution; and
(b) Other considerations, such as whether the student is a former
foster youth, or is a placebound student who has completed an associate
of arts or associate of science degree or its equivalent.
(2) The financial need of the highest ranked students shall be met
by grants depending upon the evaluation of financial need until the
total allocation has been disbursed. Funds from grants which are
declined, forfeited or otherwise unused shall be reawarded until
disbursed, except that eligible former foster youth shall be assured
receipt of a grant.
(3) A student shall be eligible to receive a state need grant for
up to five years, or the credit or clock hour equivalent of five years,
or up to one hundred twenty-five percent of the published length of
time of the student's program. A student may not start a new associate
degree program as a state need grant recipient until at least five
years have elapsed since earning an associate degree as a need grant
recipient, except that a student may earn two associate degrees
concurrently. Qualifications for renewal will include maintaining
satisfactory academic progress toward completion of an eligible program
as determined by the board. Should the recipient terminate his or her
enrollment for any reason during the academic year, the unused portion
of the grant shall be returned to the state educational grant fund by
the institution according to the institution's own policy for issuing
refunds, except as provided in RCW 28B.92.070.
(4) In computing financial need, the board shall determine a
maximum student expense budget allowance, not to exceed an amount equal
to the total maximum student expense budget at the public institutions
plus the current average state appropriation per student for operating
expense in the public institutions. Any child support payments
received by students who are parents attending less than half-time
shall not be used in computing financial need.
(5)(a) A student who is enrolled in three to six credit-bearing
quarter credits, or the equivalent semester credits, may receive a
grant for up to one academic year before beginning a program that leads
to a degree or certificate.
(b) An eligible student enrolled on a less-than-full-time basis
shall receive a prorated portion of his or her state need grant for any
academic period in which he or she is enrolled on a less-than-full-time
basis, as long as funds are available.
(c) An institution of higher education may award a state need grant
to an eligible student enrolled in three to six credit-bearing quarter
credits, or the semester equivalent, on a provisional basis if:
(i) The student has not previously received a state need grant from
that institution;
(ii) The student completes the required free application for
federal student aid;
(iii) The institution has reviewed the student's financial
condition, and the financial condition of the student's family if the
student is a dependent student, and has determined that the student is
likely eligible for a state need grant; and
(iv) The student has signed a document attesting to the fact that
the financial information provided on the free application for federal
student aid and any additional financial information provided directly
to the institution is accurate and complete, and that the student
agrees to repay the institution for the grant amount if the student
submitted false or incomplete information.
(6) As used in this section, "former foster youth" means a person
who is at least eighteen years of age, but not more than twenty-four
years of age, who was a dependent of the department of social and
health services at the time he or she attained the age of eighteen.
Sec. 5 RCW 28B.92.030 and 2004 c 275 s 35 are each amended to
read as follows:
As used in this chapter:
(1) "Institution" or "institutions of higher education" means:
(a) Any public university, college, community college, or technical
college operated by the state of Washington or any political
subdivision thereof; or
(b) 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, or a branch of a member institution
of an accrediting association recognized by rule of the board for
purposes of this section, that is eligible for federal student
financial aid assistance and has operated as a nonprofit college or
university delivering on-site classroom instruction for a minimum of
twenty consecutive years within the state of Washington, and has an
annual enrollment of at least seven hundred full-time equivalent
students: 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.92.150.
(2) "Financial aid" means loans and/or grants to needy students
enrolled or accepted for enrollment as a student at institutions of
higher education.
(3) "Needy student" means a post high school student of an
institution of higher education 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) "Disadvantaged student" means 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 education, who would
otherwise qualify as a needy student, and who is attending an
institution of higher education under an established program designed
to qualify the student for enrollment as a full time student.
(5) "Board" means the higher education coordinating board.
(6) "Placebound student" means a student who (a) is unable to
complete a college program because of family or employment commitments,
health concerns, monetary inability, or other similar factors; and (b)
may be influenced by the receipt of an enhanced student financial aid
award to complete a baccalaureate degree at an eligible institution.
Sec. 6 RCW 28B.15.0681 and 2007 c 151 s 2 are each amended to
read as follows:
(1) In addition to the requirement in RCW 28B.76.300(4),
institutions of higher education shall disclose to their undergraduate
resident students on the tuition billing statement, in dollar figures
for a full-time equivalent student:
(((1))) (a) The full cost of instruction((, (2)));
(b) The amount collected from student tuition and fees((,)); and
(((3))) (c) The difference between the amounts for the full cost of
instruction and the student tuition and fees((, noting)).
(2) The tuition billing statement shall note that the difference
between the cost and tuition under subsection (1)(c) of this section
was paid by state tax funds and other moneys.
(3) Beginning in the 2010-11 academic year, the amount determined
in subsection (1)(c) of this section shall be labeled an "opportunity
pathway" on the tuition billing statement.
(4) Beginning in the 2010-11 academic year, institutions of higher
education shall label financial aid awarded to resident undergraduate
students as an "opportunity pathway" on the tuition billing statement
or financial aid award notification. Aid granted to students outside
of the financial aid package provided through the institution of higher
education and loans provided by the federal government are not subject
to the labeling provisions in this subsection. All other aid from all
sources including federal, state, and local governments, local
communities, nonprofit and for-profit organizations, and institutions
of higher education must be included. The disclosure requirements
specified in this section do not change the source, award amount,
student eligibility, or student obligations associated with each award.
Institutions of higher education retain the ability to customize their
tuition billing statements to inform students of the assistance source,
amount, and type so long as provisions of this section are also
fulfilled.
(5) The tuition billing statement disclosures shall be in twelve-point type and boldface type where appropriate.
(6) All tuition billing statements or financial aid award
notifications at institutions of higher education must notify resident
undergraduate students of federal tax credits related to higher
education for which they may be eligible.
Sec. 7 RCW 28B.76.500 and 1985 c 370 s 23 are each amended to
read as follows:
(1) The board shall administer any state program or state-administered federal program of student financial aid now or hereafter
established.
(2) Each of the student financial aid programs administered by the
board shall be labeled an "opportunity pathway." Loans provided by the
federal government and aid granted to students outside of the financial
aid package provided through institutions of higher education are not
subject to the labeling provisions in this subsection. All
communication materials, including, but not limited to, printed
materials, presentations, and web content, shall include the
"opportunity pathway" label.
(3) If the board develops a one-stop college information web-based
portal that includes financial, academic, and career planning
information, the portal shall display all available student financial
aid programs, except federal student loans and aid granted to students
outside of the financial aid package provided through institutions of
higher education, under the "opportunity pathway" label. The portal
shall also display information regarding federal tax credits related to
higher education available for students or their families.
(4) The labeling requirements in this section do not change the
source, eligibility requirements, or student obligations associated
with each program. The board shall customize its communications to
differentiate between programs, eligibility requirements, and student
obligations, so long as the reporting provisions of this chapter are
also fulfilled.
NEW SECTION. Sec. 8 A new section is added to chapter 28B.15 RCW
to read as follows:
As used in this chapter, "dual credit program" means a program,
administered by either an institution of higher education or a high
school, through which high school students in the eleventh or twelfth
grade who have not yet received the credits required for the award of
a high school diploma apply to a participating institution of higher
education to enroll in courses or programs offered by the institution
of higher education and simultaneously earn high school and college
credit.
Sec. 9 RCW 28B.15.820 and 2007 c 404 s 4 are each amended to read
as follows:
(1) Each institution of higher education, including technical
colleges, shall deposit a minimum of three and one-half percent of
revenues collected from tuition and services and activities fees in an
institutional financial aid fund that is hereby created and which shall
be held locally. Moneys in the fund shall be used only for the
following purposes: (a) To make guaranteed long-term loans to eligible
students as provided in subsections (3) through (8) of this section;
(b) to make short-term loans as provided in subsection (9) of this
section; ((or)) (c) to provide financial aid to needy students as
provided in subsection (10) of this section; or (d) to provide
financial aid to students as provided in subsection (11) of this
section.
(2) An "eligible student" for the purposes of subsections (3)
through (8) and (10) of this section is a student registered for at
least three credit hours or the equivalent, who is eligible for
resident tuition and fee rates as defined in RCW 28B.15.012 and
28B.15.013, and who is a "needy student" as defined in RCW 28B.92.030.
(3) The amount of the guaranteed long-term loans made under this
section shall not exceed the demonstrated financial need of the
student. Each institution shall establish loan terms and conditions
which shall be consistent with the terms of the guaranteed loan program
established by 20 U.S. Code Section 1071 et seq., as now or hereafter
amended. All loans made shall be guaranteed by the Washington student
loan guaranty association or its successor agency. Institutions are
hereby granted full authority to operate as an eligible lender under
the guaranteed loan program.
(4) Before approving a guaranteed long-term loan, each institution
shall analyze the ability of the student to repay the loan based on
factors which include, but are not limited to, the student's
accumulated total education loan burdens and the employment
opportunities and average starting salary characteristics of the
student's chosen fields of study. The institution shall counsel the
student on the advisability of acquiring additional debt, and on the
availability of other forms of financial aid.
(5) Each institution is responsible for collection of guaranteed
long-term loans made under this section and shall exercise due
diligence in such collection, maintaining all necessary records to
insure that maximum repayments are made. Institutions shall cooperate
with other lenders and the Washington student loan guaranty
association, or its successor agency, in the coordinated collection of
guaranteed loans, and shall assure that the guarantability of the loans
is not violated. Collection and servicing of guaranteed long-term
loans under this section shall be performed by entities approved for
such servicing by the Washington student loan guaranty association or
its successor agency: PROVIDED, That institutions be permitted to
perform such servicing if specifically recognized to do so by the
Washington student loan guaranty association or its successor agency.
Collection and servicing of guaranteed long-term loans made by
community colleges under subsection (1) of this section shall be
coordinated by the state board for community and technical colleges and
shall be conducted under procedures adopted by the state board.
(6) Receipts from payment of interest or principal or any other
subsidies to which institutions as lenders are entitled, that are paid
by or on behalf of borrowers of funds under subsections (3) through (8)
of this section, shall be deposited in each institution's financial aid
fund and shall be used to cover the costs of making the guaranteed
long-term loans under this section and maintaining necessary records
and making collections under subsection (5) of this section: PROVIDED,
That such costs shall not exceed five percent of aggregate outstanding
loan principal. Institutions shall maintain accurate records of such
costs, and all receipts beyond those necessary to pay such costs, shall
be deposited in the institution's financial aid fund.
(7) The governing boards of the state universities, the regional
universities, and The Evergreen State College, and the state board for
community and technical colleges, on behalf of the community colleges
and technical colleges, shall each adopt necessary rules and
regulations to implement this section.
(8) First priority for any guaranteed long-term loans made under
this section shall be directed toward students who would not normally
have access to educational loans from private financial institutions in
Washington state, and maximum use shall be made of secondary markets in
the support of loan consolidation.
(9) Short-term loans, not to exceed one year, may be made from the
institutional financial aid fund to students enrolled in the
institution. No such loan shall be made to any student who is known by
the institution to be in default or delinquent in the payment of any
outstanding student loan. A short-term loan may be made only if the
institution has ample evidence that the student has the capability of
repaying the loan within the time frame specified by the institution
for repayment.
(10) Any moneys deposited in the institutional financial aid fund
that are not used in making long-term or short-term loans may be used
by the institution for locally administered financial aid programs for
needy students, such as need-based institutional employment programs or
need-based tuition and fee scholarship or grant programs. These funds
shall be used in addition to and not to replace institutional funds
that would otherwise support these locally administered financial aid
programs. First priority in the use of these funds shall be given to
needy students who have accumulated excessive educational loan burdens.
An excessive educational loan burden is a burden that will be difficult
to repay given employment opportunities and average starting salaries
in the student's chosen fields of study. Second priority in the use of
these funds shall be given to needy single parents, to assist these
students with their educational expenses, including expenses associated
with child care and transportation.
(11) Any moneys deposited in the institutional financial aid fund
may be used by the institution for a locally administered financial aid
program for high school students enrolled in dual credit programs. If
institutions use funds in this manner, the governing boards of the
state universities, the regional universities, The Evergreen State
College, and the state board for community and technical colleges shall
each adopt necessary rules to implement this subsection. Moneys from
this fund may be used for all educational expenses related to a
student's participation in a dual credit program including but not
limited to tuition, fees, course materials, and transportation.
NEW SECTION. Sec. 10 A new section is added to chapter 28B.92
RCW to read as follows:
Institutions of higher education are encouraged to review their
policies and procedures regarding financial aid for students enrolled
in dual credit programs as defined in section 8 of this act.
Institutions of higher education are further encouraged to implement
policies and procedures providing students enrolled in dual credit
programs with the same access to institutional aid, including all
educational expenses, as provided to resident undergraduate students.
Sec. 11 RCW 28B.12.060 and 2005 c 93 s 4 are each amended to read
as follows:
The higher education coordinating board shall adopt rules as may be
necessary or appropriate for effecting the provisions of this chapter,
and not in conflict with this chapter, in accordance with the
provisions of chapter 34.05 RCW, the state higher education
administrative procedure act. Such rules shall include provisions
designed to make employment under the work-study program reasonably
available, to the extent of available funds, to all eligible needy
students in eligible post-secondary institutions ((in need thereof)).
The rules shall include:
(1) Providing work under the state work-study program that will not
result in the displacement of employed workers or impair existing
contracts for services;
(2) Furnishing work only to a student who:
(a) Is capable, in the opinion of the eligible institution, of
maintaining good standing in such course of study while employed under
the program covered by the agreement; and
(b) Has been accepted for enrollment as at least a half-time
student at the eligible institution or, in the case of a student
already enrolled in and attending the eligible institution, is in good
standing and in at least half-time attendance there either as an
undergraduate, graduate or professional student; and
(c) Is not pursuing a degree in theology;
(3) Placing priority on providing:
(a) Work opportunities for students who are residents of the state
of Washington as defined in RCW 28B.15.012 and 28B.15.013, particularly
former foster youth as defined in RCW 28B.92.060((, except resident
students defined in RCW 28B.15.012(2)(g)));
(b) Job placements in fields related to each student's academic or
vocational pursuits, with an emphasis on off-campus job placements
whenever appropriate; and
(c) Off-campus community service placements;
(4) To the extent practicable, limiting the proportion of state
subsidy expended upon nonresident students to fifteen percent, or such
less amount as specified in the biennial appropriations act;
(5) Provisions to assure that in the state institutions of higher
education, utilization of this work-study program:
(a) Shall only supplement and not supplant classified positions
under jurisdiction of chapter 41.06 RCW;
(b) That all positions established which are comparable shall be
identified to a job classification under the director of personnel's
classification plan and shall receive equal compensation;
(c) Shall not take place in any manner that would replace
classified positions reduced due to lack of funds or work; and
(d) That work study positions shall only be established at entry
level positions of the classified service unless the overall scope and
responsibilities of the position indicate a higher level; and
(((5))) (6) Provisions to encourage job placements in occupations
that meet Washington's economic development goals, especially those in
international trade and international relations. The board shall
permit appropriate job placements in other states and other countries.
NEW SECTION. Sec. 12 A new section is added to chapter 28B.12
RCW to read as follows:
(1) Within existing resources, the higher education coordinating
board shall establish the work-study opportunity grant for high-demand
occupations, a competitive grant program to encourage job placements in
high-demand fields. The board shall award grants to eligible
institutions of higher education that have developed a partnership with
a proximate organization willing to host work-study placements.
Partner organizations may be nonprofit organizations, for-profit firms,
or public agencies. Eligible institutions of higher education must
verify that all job placements will last for a minimum of one academic
quarter or one academic semester, depending on the system used by the
eligible institution of higher education.
(2) The board may adopt rules to identify high-demand fields for
purposes of this section. The legislature recognizes that the high-demand fields identified by the board may differ in different regions
of the state.
(3) The board may award grants to eligible institutions of higher
education that cover both student wages and program administration.
(4) The board shall develop performance benchmarks regarding
program success including, but not limited to, the number of students
served, the amount of employer contributions, and the number of
participating high-demand employers.
NEW SECTION. Sec. 13 (1) The Washington higher education loan
program is created. The program is created to assist students in need
of additional low-cost student loans and related loan benefits.
(2) The program shall be administered by the board. In
administering the program, the board must:
(a) Periodically assess the needs and target the benefits to
selected students;
(b) Devise a program to address the following issues related to
loans:
(i) Issuance of low-interest educational loans;
(ii) Determining loan repayment obligations and options;
(iii) Borrowing educational loans at low interest rates;
(iv) Developing conditional loans that can be forgiven in exchange
for service; and
(v) Creating an emergency loan fund to help students until other
state and federal long-term financing can be secured;
(c) Accept public and private contributions;
(d) Publicize the program; and
(e) Work with public and private colleges and universities, the
state board for community and technical colleges, the workforce
training and education coordinating board, and with students, to
conduct periodic assessment of program needs. The board may also
consult with other groups and individuals as needed.
NEW SECTION. Sec. 14 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the higher education coordinating board.
(2) "Institution of higher education" means a college or university
in the state of Washington that is accredited by an accrediting
association recognized as such by rule of the board.
(3) "Program" means the Washington higher education loan program.
(4) "Resident student" has the definition in RCW 28B.15.012(2) (a)
through (d).
NEW SECTION. Sec. 15 The following acts or parts of acts, as now
existing or hereafter amended, are each repealed, effective August 1,
2011:
(1) RCW 28B.101.005 (Finding -- Intent) and 2003 c 233 s 1 & 1990 c
288 s 2;
(2) RCW 28B.101.010 (Program created) and 2003 c 233 s 2 & 1990 c
288 s 3;
(3) RCW 28B.101.020 (Definition -- Eligibility) and 2004 c 275 s 67,
2003 c 233 s 3, & 1990 c 288 s 4;
(4) RCW 28B.101.030 (Administration of program -- Payments to
participants) and 1990 c 288 s 5; and
(5) RCW 28B.101.040 (Use of grants) and 2003 c 233 s 4 & 2002 c 186
s 3.
NEW SECTION. Sec. 16 Sections 13 and 14 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 17 This act takes effect August 1, 2009."
E2SHB 2021 -
By Committee on Higher Education & Workforce Development
ADOPTED AND ENGROSSED 04/14/2009
On page 1, line 1 of the title, after "aid;" strike the remainder of the title and insert "amending RCW 28B.92.060, 28B.92.030, 28B.15.0681, 28B.76.500, 28B.15.820, and 28B.12.060; adding a new section to chapter 28B.101 RCW; adding new sections to chapter 28B.92 RCW; adding a new section to chapter 28B.15 RCW; adding a new section to chapter 28B.12 RCW; adding a new chapter to Title 28B RCW; creating a new section; repealing RCW 28B.101.005, 28B.101.010, 28B.101.020, 28B.101.030, and 28B.101.040; providing effective dates; and providing an expiration date."