BILL REQ. #:  H-4122.1 

Prefiled 01/08/10. Read first time 01/11/10.   Referred to Committee on Higher Education.

     AN ACT Relating to promoting efficiencies including institutional coordination and partnerships in the community and technical college system; amending RCW 28B.50.020, 28B.50.040, and 28B.50.090; adding a new section to chapter 28B.50 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that Washington's community and technical college system consists of thirty-four two-year institutions geographically dispersed across the state to encourage and enable student access and participation. The legislature also finds that, compared with other states, Washington's two-year public participation rate is ranked as high as fifth in the nation. The legislature further finds that Washington's community and technical colleges have been making and are continuing to make great progress towards system efficiencies and coordination of their efforts through such things as common course numbering, the student achievement initiative, associate transfer degrees, eLearning and integrated basic education, and skills training. To encourage further efficiencies while maintaining Washington's recognized leadership in community and technical college education, the legislature intends to provide mechanisms for cost-effective partnerships and coordination between institutions, including shared services, and increased complimentary programming, as well as structural administrative efficiencies.

Sec. 2   RCW 28B.50.020 and 2009 c 64 s 2 are each amended to read as follows:
     The purpose of this chapter is to provide for the dramatically increasing number of students requiring high standards of education either as a part of the continuing higher education program or for occupational education and training, or for adult basic skills and literacy education, by creating a new, independent system of community and technical colleges which will:
     (1) Offer an open door to every citizen, regardless of his or her academic background or experience, at a cost normally within his or her economic means;
     (2) Ensure that each college district, in coordination with adjacent college districts, 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; community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and workforce literacy programs and services;
     (3) Provide for basic skills and literacy education, and occupational education and technical training ((at technical colleges)) in order to prepare students for careers in a competitive workforce;
     (4) Provide or coordinate related and supplemental instruction for apprentices at community and technical colleges;
     (5) Provide administration by state and local boards which will avoid unnecessary duplication of facilities ((or)), programs, student services, or administrative functions; and which will encourage efficiency in operation and creativity and imagination in education, training, and service to meet the needs of the community and students;
     (6) Allow for the growth, improvement, flexibility and modification of the community colleges and their education, training, and service programs as future needs occur; and
     (7) Establish firmly that, except on a pilot basis as provided under RCW 28B.50.810, community colleges are, for purposes of academic training, two year institutions, and are an independent, unique, and vital section of our state's higher education system, separate from both the common school system and other institutions of higher learning, and never to be considered for conversion into four-year liberal arts colleges.

Sec. 3   RCW 28B.50.040 and 1994 c 217 s 2 are each amended to read as follows:
     Until June 30, 2013, the state of Washington is hereby divided into thirty college districts as follows:
     (1) The first district shall encompass the counties of Clallam and Jefferson;
     (2) The second district shall encompass the counties of Grays Harbor and Pacific;
     (3) The third district shall encompass the counties of Kitsap and Mason;
     (4) The fourth district shall encompass the counties of San Juan, Skagit and Island;
     (5) The fifth district shall encompass Snohomish county except for the Northshore common school district and that portion encompassed by the twenty-third district created in subsection (23) of this section: PROVIDED, That the fifth district shall encompass the Everett Community College;
     (6) The sixth district shall encompass the present boundaries of the common school districts of Seattle and Vashon Island, King county;
     (7) The seventh district shall encompass the present boundary of the common school district of Shoreline in King county;
     (8) The eighth district shall encompass the present boundaries of the common school districts of Bellevue, Issaquah, Mercer Island, Skykomish and Snoqualmie, King county;
     (9) The ninth district shall encompass the present boundaries of the common school districts of Federal Way, Highline and South Central, King county;
     (10) The tenth district shall encompass the present boundaries of the common school districts of Auburn, Black Diamond, Renton, Enumclaw, Kent, Lester and Tahoma, King county, and the King county portion of Puyallup common school district No. 3;
     (11) The eleventh district shall encompass all of Pierce county, except for the present boundaries of the common school districts of Tacoma and Peninsula;
     (12) The twelfth district shall encompass Lewis county, the Rochester common school district No. 401, the Tenino common school district No. 402 of Thurston county, and the Thurston county portion of the Centralia common school district No. 401;
     (13) The thirteenth district shall encompass the counties of Cowlitz, and Wahkiakum;
     (14) The fourteenth district shall encompass the counties of Clark, Skamania and that portion of Klickitat county not included in the sixteenth district;
     (15) The fifteenth district shall encompass the counties of Chelan, Douglas and Okanogan;
     (16) The sixteenth district shall encompass the counties of Kittitas, Yakima, and that portion of Klickitat county included in United States census divisions 1 through 4;
     (17) The seventeenth district shall encompass the counties of Ferry, Lincoln (except consolidated school district 105-157-166J and the Lincoln county portion of common school district 167-202), Pend Oreille, Spokane, Stevens and Whitman;
     (18) The eighteenth district shall encompass the counties of Adams and Grant, and that portion of Lincoln county comprising consolidated school district 105-157-166J and common school district 167-202;
     (19) The nineteenth district shall encompass the counties of Benton and Franklin;
     (20) The twentieth district shall encompass the counties of Asotin, Columbia, Garfield and Walla Walla;
     (21) The twenty-first district shall encompass Whatcom county;
     (22) The twenty-second district shall encompass the present boundaries of the common school districts of Tacoma and Peninsula, Pierce county;
     (23) The twenty-third district shall encompass that portion of Snohomish county within such boundaries as the state board for community and technical colleges shall determine: PROVIDED, That the twenty-third district shall encompass the Edmonds Community College;
     (24) The twenty-fourth district shall encompass all of Thurston county except the Rochester common school district No. 401, the Tenino common school district No. 402, and the Thurston county portion of the Centralia common school district No. 401;
     (25) The twenty-fifth district shall encompass all of Whatcom county;
     (26) The twenty-sixth district shall encompass the Northshore, Lake Washington, Bellevue, Mercer Island, Issaquah, Riverview, Snoqualmie Valley and Skykomish school districts;
     (27) The twenty-seventh district shall encompass the Renton, Kent, Auburn, Tahoma, and Enumclaw school districts and a portion of the Seattle school district described as follows: Commencing at a point established by the intersection of the Duwamish river and the south boundary of the Seattle Community College District (number six) and thence north along the centerline of the Duwamish river to the west waterway; thence north along the centerline of the west waterway to Elliot Bay; thence along Elliot Bay to a line established by the intersection of the extension of Denny Way to Elliot Bay; thence east along the line established by the centerline of Denny Way to Lake Washington; thence south along the shoreline of Lake Washington to the south line of the Seattle Community College District; and thence west along the south line of the Seattle Community College District to the point of beginning;
     (28) The twenty-eighth district shall encompass all of Pierce county;
     (29) The twenty-ninth district shall encompass all of Pierce county; and
     (30) The thirtieth district shall encompass the present boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King and Snohomish counties.

Sec. 4   RCW 28B.50.090 and 2009 c 64 s 4 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, in coordination with adjacent college districts, 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 workforce literacy programs and services;
     (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 master plan for higher education under RCW 28B.76.200 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 and consolidating district structures to form multiple campus districts 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; and
     (15) The college board shall have the power of eminent domain.

NEW SECTION.  Sec. 5   (1) The state board for community and technical colleges, in collaboration with the boards of trustees for the community and technical colleges, shall identify potential administrative efficiencies, complimentary administrative functions, and complimentary academic programs in adjacent college districts. Factors to be considered include, but are not limited to:
     (a) The economic feasibility and cost savings anticipated from the proposed changes;
     (b) The extent to which the changes will contribute to student access to academic programs and services; and
     (c) The extent to which the changes contribute to the vision, goals, priorities, and statewide strategies in the comprehensive master plan and the statewide strategic master plan for higher education.
     (2) By December 1, 2010, the state board for community and technical colleges shall develop and adopt a detailed plan for the implementation of any identified changes that would result in cost savings while maintaining or enhancing student access and achievement. The plan must establish a time frame within which any proposed changes must be accomplished and must include any agreements, approved by the state board for community and technical colleges, between adjacent college districts to provide complimentary academic programs or coordinate administrative functions. The implementation plan shall take effect upon approval by the state board for community and technical colleges.
     (3) Any cost savings realized as a result of the implementation of administrative efficiencies, complimentary administrative functions, and complimentary academic programming under the plan shall be retained by the respective districts to be used for enhancing student access and success.

NEW SECTION.  Sec. 6   A new section is added to chapter 28B.50 RCW to read as follows:
     (1) The college board, using the criteria established under RCW 28B.50.090(6) and in consultation with the boards of trustees for the community and technical colleges, and the higher education coordinating board shall identify adjacent college districts that can feasibly be consolidated or whose boundaries can feasibly be modified to form a multiple campus district. The primary considerations shall be the extent to which the changes will: (a) Affect student access to academic programs and services and (b) result in financial efficiencies.
     (2) By December 1, 2012, the college board shall adopt any proposed district consolidations or boundary changes identified in subsection (1) of this section as it deems advisable and shall submit any required supporting legislative changes to the governor and appropriate committees of the legislature.
     (3) After June 30, 2013, the boundaries of the community and technical college districts shall be designated by rule.