BILL REQ. #: S-0803.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/27/09. Referred to Committee on Higher Education & Workforce Development.
AN ACT Relating to creating Bellevue College; amending RCW 28B.10.020, 28B.10.022, 28B.10.025, 28B.10.280, 28B.10.300, 28B.10.350, 28B.10.400, 28B.10.401, 28B.10.405, 28B.10.407, 28B.10.410, 28B.10.415, 28B.10.417, 28B.10.420, 28B.10.485, 28B.10.487, 28B.10.500, 28B.10.550, 28B.10.560, 28B.10.567, 28B.10.590, 28B.10.600, 28B.10.605, 28B.10.640, 28B.10.650, 28B.10.685, 28B.10.700, 28B.10.703, 28B.15.005, 28B.15.014, 28B.15.025, 28B.15.041, 28B.15.051, 28B.15.067, 28B.15.100, 28B.15.520, 28B.15.522, 28B.15.526, 28B.15.527, 28B.15.540, 28B.15.543, 28B.15.545, 28B.15.555, 28B.15.556, 28B.15.558, 28B.15.605, 28B.15.725, 28B.15.730, 28B.15.740, 28B.15.750, 28B.15.756, 28B.15.794, 28B.15.820, 28B.15.910, 28B.15.915, 28B.35.370, 28B.35.710, 28B.35.751, 28B.35.790, 28B.50.030, 28B.50.252, 28B.50.465, 28B.76.020, and 28B.76.230; reenacting and amending RCW 28B.15.515 and 28B.15.621; adding a new chapter to Title 28B RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101
NEW SECTION. Sec. 102
(2) Five members of the board constitute a quorum for the
transaction of business. In case of a vacancy, or when an appointment
is made after the date of expiration of the term, the governor shall
fill the vacancy for the remainder of the term of the trustee whose
office has become vacant or expired.
(3) Except for the term of the student member, no more than the
terms of two members will expire simultaneously on the last day of
September in any one year.
(4) A student appointed under this section shall excuse himself or
herself from participation or voting on matters relating to the hiring,
discipline, or tenure of faculty members and personnel.
(5) Beginning October 1, 2010, the members of the board of trustees
for the Bellevue community college district shall serve as members of
the board of trustees of Bellevue College until the expiration of their
terms.
NEW SECTION. Sec. 103
NEW SECTION. Sec. 104
NEW SECTION. Sec. 105
(1) Shall have full control of the college and its property of
various kinds, except as otherwise provided by law;
(2) Shall employ the president of the college, his or her
assistants, members of the faculty, and other employees of the
institution, who, except as otherwise provided by law, shall hold their
positions, until discharged therefrom by the board for good and lawful
reason;
(3) With the consultation of the faculty of the college, shall
prescribe the course of study in the various schools and departments
thereof and publish such catalogues thereof as the board deems
necessary: PROVIDED, That the Washington professional educator
standards board shall determine the requisites for and give program
approval of all courses leading to teacher certification by such board;
(4) Shall create comprehensive programs of community and technical
college education and training and maintain an open-door policy in
accordance with the provisions of RCW 28B.50.090(3);
(5) Establish such divisions, schools or departments necessary to
carry out the purposes of the college and not otherwise proscribed by
law;
(6) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for the
college;
(7) May acquire real and other property as provided in RCW
28B.10.020;
(8) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of the college;
(9) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330;
(10) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to college purposes;
(11) May receive such gifts, grants, conveyances, devises and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the college programs; sell,
lease or exchange, invest or expend the same or the proceeds, rents,
profits and income thereof except as limited by the terms and
conditions thereof; and adopt regulations to govern the receipt and
expenditure of the proceeds, rents, profits and income thereof;
(12) Subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus
facilities;
(13) May adopt such rules, and perform all other acts not forbidden
by law, as the board of trustees may in its discretion deem necessary
or appropriate to the administration of the college; and
(14) May participate in higher education centers and consortia that
involve any four-year public or independent college or university,
however, new degree programs or off-campus programs offered by a four-year public or independent college or university in collaboration with
Bellevue College are subject to approval by the higher education
coordinating board under RCW 28B.76.230.
NEW SECTION. Sec. 106
(a) Contract for such fire protection services as may be necessary
for the protection and safety of the students, staff and property of
the college;
(b) By agreement pursuant to chapter 39.34 RCW, join together with
other agencies or political subdivisions of the state or federal
government and otherwise share in the accomplishment of any of the
purposes of (a) of this subsection.
(2) Neither the failure of the trustees to exercise any of its
powers under this section nor anything in this section may detract from
the lawful and existing powers and duties of political subdivisions of
the state to provide the necessary fire protection equipment and
services to persons and property within their jurisdiction.
NEW SECTION. Sec. 107
NEW SECTION. Sec. 108
NEW SECTION. Sec. 109
The board of trustees, upon recommendation of the faculty, may also
confer honorary bachelor's degrees upon persons other than graduates of
the institution, in recognition of their learning or devotion to
education, literature, art, or science. No degree may be conferred in
consideration of the payment of money or the donation of any kind of
property.
NEW SECTION. Sec. 110
NEW SECTION. Sec. 111
(2) The board of trustees of Bellevue College, if having a model
school or training department as authorized by this section, shall, on
or before the first Monday of September of each year, file with the
board of the school district or districts in which the college is
situated, a certified statement showing an estimate of the number of
public school pupils who will be required to make up such model school
and specifying the number required for each grade for which training
for students is required.
(3) It is the duty of the board of the school district or districts
with which a certified statement has been filed, to apportion for
attendance to the model school or training department, a sufficient
number of pupils from the public schools under the supervision of the
board as will furnish to Bellevue College the number of pupils required
to maintain the facility: PROVIDED, That the president of Bellevue
College may refuse to accept any pupil as in his or her judgment would
tend to reduce the efficiency of the model school or training
department.
(4) Annually, on or before the date for reporting the school
attendance of the school district in which the model school or training
department is situated, for the purpose of taxation for the support of
the common schools, the board of trustees of Bellevue College shall
file with the board of the school district or districts in which the
model school or training department is situated a report showing the
number of common school pupils at each model school or training
department during the school last year, and the period of their
attendance in the same form that reports of public schools are made.
Any superintendent of the school district affected shall, in reporting
the attendance in the school district, segregate the attendance at the
model school or training department from the attendance in the other
schools of said district: PROVIDED, That attendance shall be credited,
if credit is given, to the school district in which the pupil resides.
NEW SECTION. Sec. 112
NEW SECTION. Sec. 113
(2) Building fees collected from students who are enrolled for the
purposes of obtaining an associate or technical degree are subject to
the provisions of RCW 28B.50.360.
(3) The higher education coordinating board, the state board for
community and technical colleges, and the board of trustees for
Bellevue College shall establish a method for determining the
allocation of building fees under this section.
NEW SECTION. Sec. 114
NEW SECTION. Sec. 115
Sec. 201 RCW 28B.10.020 and 2004 c 275 s 47 are each amended to
read as follows:
The boards of regents of the University of Washington and
Washington State University, respectively, and the boards of trustees
of Central Washington University, Eastern Washington University,
Western Washington University, ((and)) The Evergreen State College, and
Bellevue College, respectively, shall have the power and authority to
acquire by exchange, gift, purchase, lease, or condemnation in the
manner provided by chapter 8.04 RCW for condemnation of property for
public use, such lands, real estate and other property, and interests
therein as they may deem necessary for the use of said institutions
respectively. However, the purchase or lease of major off-campus
facilities is subject to the approval of the higher education
coordinating board under RCW 28B.76.230.
Sec. 202 RCW 28B.10.022 and 2003 c 6 s 1 are each amended to read
as follows:
(1) The boards of regents of the state universities and the boards
of trustees of the regional universities, The Evergreen State College,
Bellevue College, and the state board for community and technical
colleges, are severally authorized to enter into financing contracts as
provided in chapter 39.94 RCW. Except as provided in subsection (2) of
this section, financing contracts shall be subject to the approval of
the state finance committee.
(2) The board of regents of a state university may enter into
financing contracts which are payable solely from and secured by all or
any component of the fees and revenues of the university derived from
its ownership and operation of its facilities not subject to
appropriation by the legislature and not constituting "general state
revenues," as defined in Article VIII, section 1 of the state
Constitution, without the prior approval of the state finance
committee.
(3) Except for financing contracts for facilities or equipment
described under chapter 28B.140 RCW, the board of regents shall notify
the state finance committee at least sixty days prior to entering into
such contract and provide information relating to such contract as
requested by the state finance committee.
Sec. 203 RCW 28B.10.025 and 2005 c 36 s 2 are each amended to
read as follows:
The Washington state arts commission shall, in consultation with
the boards of regents of the University of Washington and Washington
State University and with the boards of trustees of the regional
universities, The Evergreen State College, Bellevue College, and the
community college districts, determine the amount to be made available
for the purchases of art under RCW 28B.10.027, and payment therefor
shall be made in accordance with law. The designation of projects and
sites, the selection, contracting, purchase, commissioning, reviewing
of design, execution and placement, acceptance, maintenance, and sale,
exchange, or disposition of works of art shall be the responsibility of
the Washington state arts commission in consultation with the board of
regents or trustees.
Sec. 204 RCW 28B.10.280 and 1977 ex.s. c 169 s 11 are each
amended to read as follows:
The boards of regents of the state universities and the boards of
trustees of regional universities, The Evergreen State College,
Bellevue College, and community college districts may each create
student loan funds, and qualify and participate in the National Defense
Education Act of 1958 and such other similar federal student aid
programs as are or may be enacted from time to time, and to that end
may comply with all of the laws of the United States, and all of the
rules, regulations and requirements promulgated pursuant thereto.
Sec. 205 RCW 28B.10.300 and 1977 ex.s. c 169 s 13 are each
amended to read as follows:
The boards of regents of the state universities and the boards of
trustees of the regional universities, Bellevue College, and The
Evergreen State College are severally authorized to:
(1) Enter into contracts with persons, firms or corporations for
the construction, installation, equipping, repairing, renovating and
betterment of buildings and facilities for the following:
(a) Dormitories
(b) Hospitals
(c) Infirmaries
(d) Dining halls
(e) Student activities
(f) Services of every kind for students, including, but not limited
to, housing, employment, registration, financial aid, counseling,
testing and offices of the dean of students
(g) Vehicular parking
(h) Student, faculty and employee housing and boarding;
(2) Purchase or lease lands and other appurtenances necessary for
the construction and installation of such buildings and facilities and
to purchase or lease lands with buildings and facilities constructed or
installed thereon suitable for the purposes aforesaid;
(3) Lease to any persons, firms, or corporations such portions of
the campus of their respective institutions as may be necessary for the
construction and installation of buildings and facilities for the
purposes aforesaid and the reasonable use thereof;
(4) Borrow money to pay the cost of the acquisition of such lands
and of the construction, installation, equipping, repairing,
renovating, and betterment of such buildings and facilities, including
interest during construction and other incidental costs, and to issue
revenue bonds or other evidence of indebtedness therefor, and to
refinance the same before or at maturity and to provide for the
amortization of such indebtedness from services and activities fees or
from the rentals, fees, charges, and other income derived through the
ownership, operation and use of such lands, buildings, and facilities
and any other dormitory, hospital, infirmary, dining, student
activities, student services, vehicular parking, housing or boarding
building or facility at the institution;
(5) Contract to pay as rental or otherwise the cost of the
acquisition of such lands and of the construction and installation of
such buildings and facilities on the amortization plan; the contract
not to run over forty years;
(6) Expend on the amortization plan services and activities fees
and/or any part of all of the fees, charges, rentals, and other income
derived from any or all revenue-producing lands, buildings, and
facilities of their respective institutions, heretofore or hereafter
acquired, constructed or installed, including but not limited to income
from rooms, dormitories, dining rooms, hospitals, infirmaries, housing
or student activity buildings, vehicular parking facilities, land or
the appurtenances thereon, and to pledge such services and activities
fees and/or the net income derived through the ownership, operation and
use of any lands, buildings or facilities of the nature described in
subsection (1) ((hereof)) of this section for the payment of part or
all of the rental, acquisition, construction, and installation, and the
betterment, repair, and renovation or other contract charges, bonds or
other evidence of indebtedness agreed to be paid on account of the
acquisition, construction, installation or rental of, or the
betterment, repair or renovation of, lands, buildings, facilities and
equipment of the nature authorized by this section.
Sec. 206 RCW 28B.10.350 and 2007 c 495 s 1 are each amended to
read as follows:
(1) When the cost to The Evergreen State College, Bellevue College,
or any regional or state university of any building, construction,
renovation, remodeling, or demolition, other than maintenance or
repairs, will equal or exceed the sum of fifty-five thousand dollars,
or thirty-five thousand dollars if the work involves one trade or craft
area, complete plans and specifications for the work shall be prepared,
the work shall be put out for public bid, and the contract shall be
awarded to the responsible bidder who submits the lowest responsive
bid.
(2) Any building, construction, renovation, remodeling, or
demolition project that exceeds the dollar amounts in subsection (1) of
this section is subject to the provisions of chapter 39.12 RCW.
(3) The Evergreen State College, Bellevue College, or any regional
or state university may require a project to be put to public bid even
when it is not required to do so under subsection (1) of this section.
Any project publicly bid under this subsection is subject to the
provisions of chapter 39.12 RCW.
(4) Where the estimated cost of any building, construction,
renovation, remodeling, or demolition is less than fifty-five thousand
dollars or the contract is awarded by the small works roster procedure
authorized in RCW 39.04.155, the publication requirements of RCW
39.04.020 do not apply.
(5) In the event of any emergency when the public interest or
property of The Evergreen State College, Bellevue College, or a
regional or state university would suffer material injury or damage by
delay, the president of such college or university may declare the
existence of an emergency and, reciting the facts constituting the
same, may waive the requirements of this section with reference to any
contract in order to correct the condition causing the emergency. For
the purposes of this section, "emergency" means a condition likely to
result in immediate physical injury to persons or to property of the
college or university in the absence of prompt remedial action or a
condition which immediately impairs the institution's ability to
perform its educational obligations.
(6) This section does not apply when a contract is awarded by the
small works roster procedure authorized in RCW 39.04.155 or under any
other procedure authorized for an institution of higher education.
Sec. 207 RCW 28B.10.400 and 1979 ex.s. c 259 s 1 are each amended
to read as follows:
The boards of regents of the state universities, the boards of
trustees of the regional universities ((and of)), The Evergreen State
College, and Bellevue College, and the state board for community and
technical colleges ((education)) are authorized and empowered:
(1) To assist the faculties and such other employees as any such
board may designate in the purchase of old age annuities or retirement
income plans under such rules ((and regulations)) as any such board may
prescribe. County agricultural agents, home demonstration agents, 4-H
club agents, and assistant county agricultural agents paid jointly by
the Washington State University and the several counties shall be
deemed to be full-time employees of the Washington State University for
the purposes hereof;
(2) To provide, under such rules ((and regulations)) as any such
board may prescribe for the faculty members or other employees under
its supervision, for the retirement of any such faculty member or other
employee on account of age or condition of health, retirement on
account of age to be not earlier than the sixty-fifth birthday:
PROVIDED, That such faculty member or such other employee may elect to
retire at the earliest age specified for retirement by federal social
security law: PROVIDED FURTHER, That any supplemental payment
authorized by subsection (3) of this section and paid as a result of
retirement earlier than age sixty-five shall be at an actuarially
reduced rate;
(3) To pay to any such retired person or to his or her designated
beneficiary(s), each year after his or her retirement, a supplemental
amount which, when added to the amount of such annuity or retirement
income plan, or retirement income benefit pursuant to RCW 28B.10.415,
received by him or her, or his or her designated beneficiary(s) in such
year, will not exceed fifty percent of the average annual salary paid
to such retired person for his or her highest two consecutive years of
full-time service under an annuity or retirement income plan
established pursuant to subsection (1) of this section at an
institution of higher education: PROVIDED, HOWEVER, That if such
retired person prior to his or her retirement elected a supplemental
payment survivors option, any such supplemental payments to such
retired person or his or her designated beneficiary(s) shall be at
actuarially reduced rates: PROVIDED FURTHER, That if a faculty member
or other employee of an institution of higher education who is a
participant in a retirement plan authorized by this section dies, or
has died before retirement but after becoming eligible for retirement
on account of age, the designated beneficiary(s) shall be entitled to
receive the supplemental payment authorized by this subsection (3) of
this section to which such designated beneficiary(s) would have been
entitled had said deceased faculty member or other employee retired on
the date of death after electing a supplemental payment survivors
option: PROVIDED FURTHER, That for the purpose of this subsection, the
designated beneficiary(s) shall be (a) the surviving spouse of the
retiree; or, (b) with the written consent of such spouse, if any, such
other person or persons as shall have an insurable interest in the
retiree's life and shall have been nominated by written designation
duly executed and filed with the retiree's institution of higher
education.
Sec. 208 RCW 28B.10.401 and 1979 ex.s. c 259 s 3 are each amended
to read as follows:
The boards of regents of the state universities, the boards of
trustees of the state colleges and Bellevue College, and the state
board for community and technical colleges ((education)), when
establishing the amount of supplemental payment under RCW 28B.10.400(3)
((as now or hereafter amended)), shall apply the following assumptions:
(1) That the faculty member or such other employee at the time of
retirement elected a joint and two-thirds survivor option on ((their))
his or her annuity or retirement income plan using actual ages, but not
exceeding a five-year age difference if married, or an actuarial
equivalent option if single, which represents accumulations including
all dividends from all matching contributions and any benefit that such
faculty member is eligible to receive from any Washington state public
retirement plan while employed at an institution of higher education;
(2) That on and after July 1, 1974, matching contributions were
allocated equally between a fixed dollar and a variable dollar annuity;
(3) That for each year after age fifty, the maximum amount of
contributions pursuant to RCW 28B.10.410 ((as now or hereafter
amended)) be contributed toward the purchase of such annuity or
retirement income plan, otherwise three-fourths of the formula
described in RCW 28B.10.415((, as now or hereafter amended,)) shall be
applied.
Sec. 209 RCW 28B.10.405 and 1977 ex.s. c 169 s 16 are each
amended to read as follows:
Members of the faculties and such other employees as are designated
by the boards of regents of the state universities, the boards of
trustees of the regional universities ((and of)), The Evergreen State
College, and Bellevue College, or the state board for community and
technical colleges ((education)) shall be required to contribute not
less than five percent of their salaries during each year of full-time
service after the first two years of such service toward the purchase
of such annuity or retirement income plan; such contributions may be in
addition to federal social security tax contributions, if any.
Sec. 210 RCW 28B.10.407 and 1987 c 448 s 1 are each amended to
read as follows:
(1) A faculty member or other employee designated by the boards of
regents of the state universities, the boards of trustees of the
regional universities ((and)), The Evergreen State College, and
Bellevue College, or the state board for community and technical
colleges ((education)) who is granted an authorized leave of absence
without pay may apply the period of time while on the leave in the
computation of benefits in any annuity and retirement plan authorized
under RCW 28B.10.400 through 28B.10.430 only to the extent provided in
subsection (2) of this section.
(2) An employee who is eligible under subsection (1) of this
section may receive a maximum of two years' credit during the
employee's entire working career for periods of authorized leave
without pay. Such credit may be obtained only if the employee pays
both the employer and employee contributions required under RCW
28B.10.405 and 28B.10.410 while on the authorized leave of absence and
if the employee returns to employment with the university or college
immediately following the leave of absence for a period of not less
than two years. The employee and employer contributions shall be based
on the average of the employee's compensation at the time the leave of
absence was authorized and the time the employee resumes employment.
Any benefit under RCW 28B.10.400(3) shall be based only on the
employee's compensation earned from employment with the university or
college.
An employee who is inducted into the armed forces of the United
States shall be deemed to be on an unpaid, authorized leave of absence.
Sec. 211 RCW 28B.10.410 and 1977 ex.s. c 169 s 17 are each
amended to read as follows:
The boards of regents of the state universities, the boards of
trustees of the regional universities ((and of)), The Evergreen State
College, and Bellevue College, or the state board for community and
technical colleges ((education)) shall pay not more than one-half of
the annual premium of any annuity or retirement income plan established
under the provisions of RCW 28B.10.400 as now or hereafter amended.
Such contribution shall not exceed ten percent of the salary of the
faculty member or other employee on whose behalf the contribution is
made. This contribution may be in addition to federal social security
tax contributions made by the boards, if any.
Sec. 212 RCW 28B.10.415 and 1979 ex.s. c 259 s 2 are each amended
to read as follows:
The boards of regents of the state universities, the boards of
trustees of the regional universities ((and of)), The Evergreen State
College, and Bellevue College, or the state board for community and
technical colleges ((education)) shall not pay any amount to be added
to the annuity or retirement income plan of any retired person who has
served for less than ten years in one or more of the state institutions
of higher education. In the case of persons who have served more than
ten years but less than twenty-five years no amount shall be paid in
excess of four percent of the amount authorized in ((subdivision (3)
of)) RCW 28B.10.400 ((as now or hereafter amended)) (3), multiplied by
the number of years of full-time service rendered by such person:
PROVIDED, That credit for years of service at an institution of higher
education shall be limited to those years in which contributions were
made by a faculty member or other employee designated pursuant to RCW
28B.10.400(1) and the institution or the state as a result of which a
benefit is being received by a retired person from any Washington state
public retirement plan: PROVIDED FURTHER, That all such benefits that
a retired person is eligible to receive shall reduce any
supplementation payments provided for in RCW 28B.10.400 as now or
hereafter amended.
Sec. 213 RCW 28B.10.417 and 1977 ex.s. c 169 s 19 are each
amended to read as follows:
(1) A faculty member or other employee designated by the board of
trustees of the applicable regional university ((or of)), The Evergreen
State College, or Bellevue College as being subject to an annuity or
retirement income plan and who, at the time of such designation, is a
member of the Washington state teachers' retirement system, shall
retain credit for such service in the Washington state teachers'
retirement system and except as provided in subsection (2) of this
section, shall leave his or her accumulated contributions in the
teachers' retirement fund. Upon his or her attaining eligibility for
retirement under the Washington state teachers' retirement system, such
faculty member or other employee shall receive from the Washington
state teachers' retirement system a retirement allowance consisting of
an annuity which shall be the actuarial equivalent of his or her
accumulated contributions at his or her age when becoming eligible for
such retirement and a pension for each year of creditable service
established and retained at the time of said designation as provided in
RCW 41.32.497 ((as now or hereafter amended)). Anyone who on July 1,
1967, was receiving pension payments from the teachers' retirement
system based on thirty-five years of creditable service shall
thereafter receive a pension based on the total years of creditable
service established with the retirement system: PROVIDED, HOWEVER,
That any such faculty member or other employee who, upon attainment of
eligibility for retirement under the Washington state teachers'
retirement system, is still engaged in public educational employment,
shall not be eligible to receive benefits under the Washington state
teachers' retirement system until he or she ceases such public
educational employment. Any retired faculty member or other employee
who enters service in any public educational institution shall cease to
receive pension payments while engaged in such service: PROVIDED
FURTHER, That such service may be rendered up to seventy-five days in
a school year without reduction of pension.
(2) A faculty member or other employee designated by the board of
trustees of the applicable regional university ((or of)), The Evergreen
State College, or Bellevue College as being subject to the annuity and
retirement income plan and who, at the time of such designation, is a
member of the Washington state teachers' retirement system may, at his
or her election and at any time, on and after midnight June 10, 1959,
terminate his or her membership in the Washington state teachers'
retirement system and withdraw his or her accumulated contributions and
interest in the teachers' retirement fund upon written application to
the board of trustees of the Washington state teachers' retirement
system. Faculty members or other employees who withdraw their
accumulated contributions, on and after the date of withdrawal of
contributions, shall no longer be members of the Washington state
teachers' retirement system and shall forfeit all rights of membership,
including pension benefits, theretofore acquired under the Washington
state teachers' retirement system.
Sec. 214 RCW 28B.10.420 and 1979 c 14 s 1 are each amended to
read as follows:
(1) Except as provided otherwise in subsection (2) of this section,
faculty members or other employees designated by the boards of regents
of the state universities, the boards of trustees of the regional
universities ((or of)), The Evergreen State College, or Bellevue
College, or the state board for community and technical colleges
((education)) pursuant to RCW 28B.10.400 through 28B.10.420 ((as now or
hereafter amended)) shall be retired from their employment with their
institutions of higher education not later than the end of the academic
year next following their seventieth birthday.
(2) As provided in this subsection, the board of regents of a state
university, the board of trustees of a regional university ((or)), The
Evergreen State College, or Bellevue College, or the state board for
community and technical colleges ((education)) may reemploy any person
who is "retired" pursuant to subsection (1) of this section, who
applies for reemployment and who has reached seventy years of age on or
after July 1, 1970. The following provisions shall govern such
reemployment:
(a) Prior to the reemployment, the board of regents, board of
trustees, or state board shall have found that the person possesses
outstanding qualifications which in the judgment of the board would
permit the person to continue valuable service to the institution.
(b) The period of reemployment shall not be counted as service
under, or result in any eligibility for benefits or increased benefits
under, any state authorized or supported annuity or retirement income
plan. Reemployment shall not result in the reemployed person or
employer making any contributions to any such plan.
(c) No person may be reemployed on a full-time basis if such person
is receiving benefits under any state authorized or supported annuity
or retirement income plan. The reemployment of any person on a full-
time basis shall be immediately terminated upon the person's obtaining
of any such benefits.
(d) A person may be reemployed on a part-time basis and receive or
continue to receive any benefits for which such person is eligible
under any state authorized or supported annuity or retirement income
plan. Such part-time work, however, shall not exceed forty percent of
full-time employment during any year.
(e) A person reemployed pursuant to this section shall comply with
all conditions of reemployment and all rules providing for the
administration of this subsection which are prescribed or adopted by
the board of regents, or board of trustees, or by the state board for
community and technical colleges ((education)).
Sec. 215 RCW 28B.10.485 and 1979 c 130 s 1 are each amended to
read as follows:
The boards of the state universities, regional universities,
((and)) the state college, and Bellevue College are authorized to issue
charitable gift annuities paying a fixed dollar amount to individual
annuitants for their lifetimes in exchange for the gift of assets to
the respective institution in a single transaction. The boards shall
invest one hundred percent of the charitable gift annuity assets in a
reserve for the lifetimes of the respective annuitants to meet
liabilities that result from the gift program.
Sec. 216 RCW 28B.10.487 and 1979 c 130 s 5 are each amended to
read as follows:
The obligation to make annuity payments to individuals under
charitable gift annuity agreements issued by the board of a state
university, regional university, ((or of)) the state college, or
Bellevue College, pursuant to RCW 28B.10.485, shall be secured by and
limited to the assets given in exchange for the annuity and reserves
established by the board. Such agreements shall not constitute:
(1) An obligation, either general or special, of the state; or
(2) A general obligation of a state university, regional
university, or of the state college or of the board.
Sec. 217 RCW 28B.10.500 and 1977 ex.s. c 169 s 21 are each
amended to read as follows:
No regent of the state universities, or trustee of the regional
universities ((or of)), The Evergreen State College, or Bellevue
College shall be removed during the term of office for which appointed,
excepting only for misconduct or malfeasance in office, and then only
in the manner hereinafter provided. Before any regent or trustee may
be removed for such misconduct or malfeasance, a petition for removal,
stating the nature of the misconduct or malfeasance of such regent or
trustee with reasonable particularity, shall be signed and verified by
the governor and served upon such regent or trustee. Said petition,
together with proof of service of same upon such regent or trustee,
shall forthwith be filed with the clerk of the supreme court. The
chief justice of the supreme court shall thereupon designate a tribunal
composed of three judges of the superior court to hear and adjudicate
the charges. Such tribunal shall fix the time of hearing, which shall
be public, and the procedure for the hearing, and the decision of such
tribunal shall be final and not subject to review by the supreme court.
Removal of any member of the board by the tribunal shall disqualify
such member for reappointment.
Sec. 218 RCW 28B.10.550 and 1977 ex.s. c 169 s 24 are each
amended to read as follows:
The boards of regents of the state universities, and the boards of
trustees of the regional universities ((or of)), The Evergreen State
College, or Bellevue College, acting independently and each on behalf
of its own institution:
(1) May each establish a police force for its own institution,
which force shall function under such conditions and regulations as the
board prescribes; and
(2) May supply appropriate badges and uniforms indicating the
positions and authority of the members of such police force.
Sec. 219 RCW 28B.10.560 and 1983 c 221 s 1 are each amended to
read as follows:
(1) The boards of regents of the state universities, and the boards
of trustees of the regional universities ((and of)), The Evergreen
State College, and Bellevue College, acting independently and each on
behalf of its own institution, may each:
(a) Establish and ((promulgate)) adopt rules ((and regulations))
governing pedestrian traffic and vehicular traffic and parking upon
lands and facilities of the university or college;
(b) Adjudicate matters involving parking infractions internally;
and
(c) Collect and retain any penalties so imposed.
(2) If the rules ((or regulations promulgated)) adopted under
subsection (1) of this section provide for internal adjudication of
parking infractions, a person charged with a parking infraction who
deems himself or herself aggrieved by the final decision in an internal
adjudication may, within ten days after written notice of the final
decision, appeal by filing a written notice thereof with the college or
university police force. Documents relating to the appeal shall
immediately be forwarded to the district court in the county in which
the offense was committed, which court shall have jurisdiction over
such offense and such appeal shall be heard de novo.
Sec. 220 RCW 28B.10.567 and 1987 c 185 s 2 are each amended to
read as follows:
The boards of regents of the state universities and board of
trustees of the regional universities ((and the board of trustees of)),
The Evergreen State College, and Bellevue College are authorized and
empowered, under such rules ((and regulations)) as any such board may
prescribe for the duly sworn police officers employed by any such board
as members of a police force established pursuant to RCW 28B.10.550, to
provide for the payment of death or disability benefits or medical
expense reimbursement for death, disability, or injury of any such duly
sworn police officer who, in the line of duty, loses his or her life or
becomes disabled or is injured, and for the payment of such benefits to
be made to any such duly sworn police officer or ((his)) the officer's
surviving spouse or the legal guardian of his or her child or children,
as defined in RCW 41.26.030(7), or his or her estate: PROVIDED, That
the duty-related benefits authorized by this section shall in no event
be greater than the benefits authorized on June 25, 1976 for duty-related death, disability, or injury of a law enforcement officer under
chapter 41.26 RCW: PROVIDED FURTHER, That the duty-related benefits
authorized by this section shall be reduced to the extent of any
amounts received or eligible to be received on account of the duty-related death, disability, or injury to any such duly sworn police
officer, ((his)) the officer's surviving spouse, the legal guardian of
his or her child or children, or his or her estate, under workers'
compensation, social security including the changes incorporated under
Public Law 89-97 as now or hereafter amended, or disability income
insurance and health care plans under chapter 41.05 RCW.
Sec. 221 RCW 28B.10.590 and 2007 c 457 s 1 are each amended to
read as follows:
(1) The boards of regents of the state universities, the boards of
trustees of the regional universities ((and)), The Evergreen State
College, and Bellevue College, and the boards of trustees of each
community and technical college district, in collaboration with
affiliated bookstores and student and faculty representatives, shall
adopt rules requiring that:
(a) Affiliated bookstores:
(i) Provide students the option of purchasing materials that are
unbundled when possible, disclose to faculty and staff the costs to
students of purchasing materials, and disclose publicly how new
editions vary from previous editions;
(ii) Actively promote and publicize book buy-back programs; and
(iii) Disclose retail costs for course materials on a per course
basis to faculty and staff and make this information publicly
available; and
(b) Faculty and staff members consider the least costly practices
in assigning course materials, such as adopting the least expensive
edition available when educational content is comparable as determined
by the faculty and working closely with publishers and local bookstores
to create bundles and packages if they deliver cost savings to
students.
(2) As used in this section:
(a) "Materials" means any supplies or texts required or recommended
by faculty or staff for a given course.
(b) "Bundled" means a group of objects joined together by packaging
or required to be purchased as an indivisible unit.
Sec. 222 RCW 28B.10.600 and 1977 ex.s. c 169 s 27 are each
amended to read as follows:
The boards of regents of the state universities are each authorized
to enter into agreements with the board of directors of any school
district in this state whereby one or more of the public schools
operated by such district may be used by the university for the purpose
of training students at said university as teachers, supervisors,
principals, or superintendents. The boards of trustees of the regional
universities ((and of)), The Evergreen State College, and Bellevue
College are authorized to enter into similar agreements for the purpose
of training students at their institutions as teachers, supervisors, or
principals.
Sec. 223 RCW 28B.10.605 and 1977 ex.s. c 169 s 28 are each
amended to read as follows:
The financing and the method of organization and administration of
such a training program operated by agreement between a state
university board of regents ((or)), a regional university board of
trustees, Bellevue College board of trustees, or The Evergreen State
College board of trustees, and the board of directors of any school
district, shall be determined by agreement between them.
Sec. 224 RCW 28B.10.640 and 1977 ex.s. c 169 s 29 are each
amended to read as follows:
The associated students of the University of Washington, the
associated students of Washington State University, the student
associations of the state community colleges and the student
associations of the regional universities ((and of)), The Evergreen
State College, and Bellevue College shall contract for all purchases
for printing of athletic programs, athletic tickets, athletic press
brochures, yearbooks, magazines, newspapers, and letting of
concessions, exceeding one thousand dollars, notice of call for bid on
the same to be published in at least two newspapers of general
circulation in the county wherein the institution is located two weeks
prior to the award being made. The contract shall be awarded to the
lowest responsible bidder, if the price bid is fair and reasonable and
not greater than the market value and price, and if the bid
satisfactorily covers the quality, design, performance, convenience and
reliability of service of the manufacturer and/or dealer. The
aforesaid student associations may require such security as they deem
proper to accompany the bids submitted, and they shall also fix the
amount of the bond or other security that shall be furnished by the
person to whom the contract is awarded. Such student associations may
reject any or all bids submitted, if for any reason it is deemed for
the best interest of their organizations to do so and readvertise in
accordance with the provisions of this section. The student
associations may reject the bid of any person who has had a prior
contract, and who did not, in its opinion, faithfully comply with its
terms: PROVIDED, That nothing in this section shall apply to printing
done or presses owned and operated by the associated students of the
University of Washington, the associated students of Washington State
University or the student associations of the regional universities
((or of)), The Evergreen State College, or Bellevue College, or
community colleges, or to printing done on presses owned or operated by
their respective institutions.
Sec. 225 RCW 28B.10.650 and 2004 c 275 s 45 are each amended to
read as follows:
It is the intent of the legislature that when the state and
regional universities, The Evergreen State College, Bellevue College,
and community colleges grant professional leaves to faculty and exempt
staff, such leaves be for the purpose of providing opportunities for
study, research, and creative activities for the enhancement of the
institution's instructional and research programs.
The boards of regents of the state universities, the boards of
trustees of the regional universities ((and of)), The Evergreen State
College, and Bellevue College, and the board of trustees of each
community college district may grant remunerated professional leaves to
faculty members and exempt staff, as defined in RCW 41.06.070, in
accordance with ((regulations)) rules adopted by the respective
governing boards for periods not to exceed twelve consecutive months in
accordance with the following provisions:
(1) The remuneration from state general funds and general local
funds for any such leave granted for any academic year shall not exceed
the average of the highest quartile of a rank order of salaries of all
full-time teaching faculty holding academic year contracts or
appointments at the institution or in the district.
(2) Remunerated professional leaves for a period of more or less
than an academic year shall be compensated at rates not to exceed a
proportional amount of the average salary as otherwise calculated for
the purposes of subsection (1) of this section.
(3) The grant of any such professional leave shall be contingent
upon a signed contractual agreement between the respective governing
board and the recipient providing that the recipient shall return to
the granting institution or district following his or her completion of
such leave and serve in a professional status for a period commensurate
with the amount of leave so granted. Failure to comply with the
provisions of such signed agreement shall constitute an obligation of
the recipient to repay to the institution any remuneration received
from the institution during the leave.
(4) The aggregate cost of remunerated professional leaves awarded
at the institution or district during any year, including the cost of
replacement personnel, shall not exceed the cost of salaries which
otherwise would have been paid to personnel on leaves: PROVIDED, That
for community college districts the aggregate cost shall not exceed one
hundred fifty percent of the cost of salaries which would have
otherwise been paid to personnel on leaves: PROVIDED FURTHER, That
this subsection shall not apply to any community college district with
fewer than seventy-five full-time faculty members and granting fewer
than three individuals such leaves in any given year.
(5) The average number of annual remunerated professional leaves
awarded at any such institution or district shall not exceed four
percent of the total number of full-time equivalent faculty, as defined
by the office of financial management, who are engaged in instruction,
and exempt staff as defined in RCW 41.06.070.
(6) Negotiated agreements made in accordance with chapter 28B.52
RCW and entered into after July 1, 1977, shall be in conformance with
the provisions of this section.
(7) The respective institutions and districts shall maintain such
information which will ensure compliance with the provisions of this
section.
Sec. 226 RCW 28B.10.685 and 1995 c 310 s 3 are each amended to
read as follows:
Beginning in 1997, by September 30th of each year, each state
university, regional university, state college, Bellevue College and,
for community colleges and technical colleges, the state board for
community and technical colleges shall provide a report to the office
of the superintendent of public instruction, the state board of
education, and the commission on student learning under RCW
28A.630.885. The report shall contain the following information on
students who, within three years of graduating from a Washington high
school, enrolled the prior year in a state-supported precollege level
class at the institution: (1) The number of such students enrolled in
a precollege level class in mathematics, reading, grammar, spelling,
writing, or English; (2) the types of precollege classes in which each
student was enrolled; and (3) the name of the Washington high school
from which each student graduated.
For students who enrolled in a precollege class within three years
of graduating from a Washington high school, each institution of higher
education shall also report to the Washington high school from which
the student graduated. The annual report shall include information on
the number of students from that high school enrolled in precollege
classes, and the types of classes taken by the students.
Sec. 227 RCW 28B.10.700 and 1977 ex.s. c 169 s 31 are each
amended to read as follows:
The state board for community and technical colleges ((education)),
the boards of trustees of the regional universities ((and of)), The
Evergreen State College, and Bellevue College, and the boards of
regents of the state universities, with appreciation of the
legislature's desire to emphasize physical education courses in their
respective institutions, shall provide for the same, being cognizant of
legislative guide lines put forth in RCW 28A.230.050 relating to
physical education courses in high schools.
Sec. 228 RCW 28B.10.703 and 1977 ex.s. c 169 s 32 are each
amended to read as follows:
The governing boards of each of the state universities, the
regional universities, The Evergreen State College, Bellevue College,
and community colleges in addition to their other duties prescribed by
law shall have the power and authority to establish programs for
intercollegiate athletic competition. Such competition may include
participation as a member of an athletic conference or conferences, in
accordance with conference rules.
Sec. 229 RCW 28B.15.005 and 1977 ex.s. c 169 s 33 are each
amended to read as follows:
(1) "Colleges and universities" for the purposes of this chapter
shall mean Central Washington University at Ellensburg, Eastern
Washington University at Cheney, Western Washington University at
Bellingham, The Evergreen State College in Thurston county, Bellevue
College, community colleges as are provided for in chapter 28B.50 RCW,
the University of Washington, and Washington State University.
(2) "State universities" for the purposes of this chapter shall
mean the University of Washington and Washington State University.
(3) "Regional universities" for the purposes of this chapter shall
mean Central Washington University, Eastern Washington University and
Western Washington University.
Sec. 230 RCW 28B.15.014 and 2000 c 117 s 3 are each amended to
read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, The Evergreen
State College, Bellevue College, and the community colleges may exempt
the following nonresidents from paying all or a portion of the
nonresident tuition fees differential:
(1) Any person who resides in the state of Washington and who holds
a graduate service appointment designated as such by a public
institution of higher education or is employed for an academic
department in support of the instructional or research programs
involving not less than twenty hours per week during the term such
person shall hold such appointment.
(2) Any faculty member, classified staff member or administratively
exempt employee holding not less than a half time appointment at an
institution who resides in the state of Washington, and the dependent
children and spouse of such persons.
(3) Any immigrant refugee and the spouse and dependent children of
such refugee, if the refugee (a) is on parole status, or (b) has
received an immigrant visa, or (c) has applied for United States
citizenship.
(4) Any dependent of a member of the United States congress
representing the state of Washington.
Sec. 231 RCW 28B.15.025 and 1985 c 390 s 12 are each amended to
read as follows:
The term "building fees" means the fees charged students
registering at the state's colleges and universities, which fees are to
be used as follows: At the University of Washington, solely for the
purposes provided in RCW 28B.15.210; at Washington State University,
solely for the purposes provided in RCW 28B.15.310; at each of the
regional universities, Bellevue College as provided for in section
113(1) of this act, and at The Evergreen State College, solely for the
purposes provided in RCW 28B.35.370; and at the community colleges and
Bellevue College as provided in section 113(2) of this act, for the
purposes provided in RCW 28B.50.320, 28B.50.360 and 28B.50.370. The
term "building fees" is a renaming of the "general tuition fee," and
shall not be construed to affect otherwise moneys pledged to, or used
for bond retirement purposes.
Sec. 232 RCW 28B.15.041 and 1985 c 390 s 14 are each amended to
read as follows:
The term "services and activities fees" as used in this chapter is
defined to mean fees, other than tuition fees, charged to all students
registering at the state's community colleges, regional universities,
The Evergreen State College, Bellevue College, and state universities.
Services and activities fees shall be used as otherwise provided by law
or by rule ((or regulation)) of the board of trustees or regents of
each of the state's community colleges, The Evergreen State College,
the regional universities, Bellevue College, or the state universities
for the express purpose of funding student activities and programs of
their particular institution. Student activity fees, student use fees,
student building use fees, special student fees, or other similar fees
charged to all full-time students, or to all students, as the case may
be, registering at the state's colleges or universities and pledged for
the payment of bonds heretofore or hereafter issued for, or other
indebtedness incurred to pay, all or part of the cost of acquiring,
constructing or installing any lands, buildings, or facilities of the
nature described in RCW 28B.10.300 ((as now or hereafter amended)),
shall be included within and deemed to be services and activities fees.
Sec. 233 RCW 28B.15.051 and 1996 c 142 s 1 are each amended to
read as follows:
(1) The governing board of each of the state universities, the
regional universities, ((and)) The Evergreen State College, and
Bellevue College, upon the written agreement of its respective student
government association or its equivalent, may establish and charge each
enrolled student a technology fee, separate from tuition fees. During
the 1996-97 academic year, any technology fee shall not exceed one
hundred twenty dollars for a full-time student. Any technology fee
charged to a part-time student shall be calculated as a pro rata share
of the fee charged to a full-time student.
(2) Revenue from this fee shall be used exclusively for technology
resources for general student use.
(3) Only changes in the amount of the student technology fee agreed
upon by both the governing board and its respective student government
association or its equivalent shall be used to adjust the amount
charged to students. Changes in the amount charged to students, once
implemented, become the basis for future changes.
(4) Annually, the student government association or its equivalent
may abolish the fee by a majority vote. In the event of such a vote,
the student government association or its equivalent shall notify the
governing board of the institution. The fee shall cease being
collected the term after the student government association or its
equivalent voted to eliminate the fee.
(5) The student government association or its equivalent shall
approve the annual expenditure plan for the fee revenue.
(6) The universities ((and)), The Evergreen State College, and
Bellevue College shall deposit three and one-half percent of revenues
from the technology fee into the institutional financial aid fund under
RCW 28B.15.820.
(7) As used in this section, "technology fee" is a fee charged to
students to recover, in whole or in part, the costs of providing and
maintaining services to students that include, but need not be limited
to: Access to the internet and world wide web, e-mail, computer and
multimedia work stations and laboratories, computer software, and dial-up telephone services.
(8) Prior to the establishment of a technology fee, a governing
board shall provide to the student governing body a list of existing
fees of a similar nature or for a similar purpose. The board and the
student governing body shall ensure that student fees for technology
are not duplicative.
Sec. 234 RCW 28B.15.067 and 2007 c 355 s 7 are each amended to
read as follows:
(1) Tuition fees shall be established under the provisions of this
chapter.
(2) Beginning with the 2003-04 academic year and ending with the
2008-09 academic year, reductions or increases in full-time tuition
fees for resident undergraduates shall be as provided in the omnibus
appropriations act.
(3) Beginning with the 2003-04 academic year and ending with the
2008-09 academic year, the governing boards of the state universities,
the regional universities, The Evergreen State College, and the state
board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates,
including summer school students and students in other self-supporting
degree programs. Percentage increases in full-time tuition fees may
exceed the fiscal growth factor. Reductions or increases may be made
for all or portions of an institution's programs, campuses, courses, or
students. Bellevue College may reduce or increase full-time tuition
fees for students other than resident undergraduates, including summer
school students and students in other self-supporting degree programs,
enrolled in bachelor's degree programs. The state board for community
and technical colleges may reduce or increase full-time tuition fees
for all Bellevue College students, other than resident undergraduates,
enrolled in all other certificate and degree programs.
(4) Academic year tuition for full-time students at the state's
institutions of higher education beginning with 2009-10, other than
summer term, shall be as charged during the 2008-09 academic year
unless different rates are adopted by the legislature.
(5) The tuition fees established under this chapter shall not apply
to high school students enrolling in participating institutions of
higher education under RCW 28A.600.300 through 28A.600.400.
(6) The tuition fees established under this chapter shall not apply
to eligible students enrolling in a community or technical college
under RCW 28C.04.610.
(7) The tuition fees established under this chapter shall not apply
to eligible students enrolling in a community or technical college
participating in the pilot program under RCW 28B.50.534 for the purpose
of obtaining a high school diploma.
(8) For the academic years 2003-04 through 2008-09, the University
of Washington shall use an amount equivalent to ten percent of all
revenues received as a result of law school tuition increases beginning
in academic year 2000-01 through academic year 2008-09 to assist needy
low and middle income resident law students.
(9) For the academic years 2003-04 through 2008-09, institutions of
higher education shall use an amount equivalent to ten percent of all
revenues received as a result of graduate academic school tuition
increases beginning in academic year 2003-04 through academic year
2008-09 to assist needy low and middle-income resident graduate
academic students.
Sec. 235 RCW 28B.15.100 and 2003 c 232 s 6 are each amended to
read as follows:
(1) The governing boards of the state universities, the regional
universities, The Evergreen State College, Bellevue College, and the
community colleges shall charge to and collect from each of the
students registering at the particular institution for any quarter or
semester such tuition fees and services and activities fees, and other
fees as such board shall in its discretion determine. The total of all
fees shall be rounded to the nearest whole dollar amount: PROVIDED,
That such tuition fees shall be established in accordance with RCW
28B.15.067.
(2) Part-time students shall be charged tuition and services and
activities fees proportionate to full-time student rates established
for residents and nonresidents: PROVIDED, That except for students
registered at community colleges or students enrolled in lower division
courses at Bellevue College, students registered for fewer than two
credit hours shall be charged tuition and services and activities fees
at the rate established for two credit hours: PROVIDED FURTHER, That,
subject to the limitations of RCW 28B.15.910, residents of Idaho or
Oregon who are enrolled in community college district number twenty for
six or fewer credits during any quarter or semester may be exempted
from payment of all or a portion of the nonresident tuition fees
differential upon a declaration by the higher education coordinating
board that it finds Washington residents from the community college
district are afforded substantially equivalent treatment by such other
states.
(3) Full-time students registered for more than eighteen credit
hours shall be charged an additional operating fee for each credit hour
in excess of eighteen hours at the applicable established per credit
hour tuition fee rate for part-time students: PROVIDED, That, subject
to the limitations of RCW 28B.15.910, the governing boards of the state
universities, Bellevue College, and the community colleges may exempt
all or a portion of the additional charge, for students who are
registered exclusively in first professional programs in medicine,
dental medicine, veterinary medicine, doctor of pharmacy, or law, or
who are registered exclusively in required courses in vocational
preparatory programs.
Sec. 236 RCW 28B.15.515 and 1993 sp.s. c 18 s 13 and 1993 sp.s.
c 15 s 8 are each reenacted and amended to read as follows:
(1) The boards of trustees of the community college districts and
Bellevue College may operate summer schools on either a self-supporting
or a state-funded basis.
If summer school is operated on a self-supporting basis, the fees
charged shall be retained by the colleges, and shall be sufficient to
cover the direct costs, which are instructional salaries and related
benefits, supplies, publications, and records.
Community colleges that have self-supporting summer schools shall
continue to receive general fund state support for vocational programs
that require that students enroll in a four quarter sequence of courses
that includes summer quarter due to clinical or laboratory requirements
and for ungraded courses limited to adult basic education, vocational
apprenticeship, aging and retirement, small business management,
industrial first aid, and parent education.
(2) The board of trustees of a community college district and
Bellevue College may permit the district's state-funded, full-time
equivalent enrollment level, as provided in the omnibus state
appropriations act, to vary. If the variance is above the state-funded
level, the district may charge those students above the state-funded
level a fee equivalent to the amount of tuition and fees that are
charged students enrolled in state-funded courses. These fees shall be
retained by the colleges.
(3) The state board for community and technical colleges shall
ensure compliance with this section.
Sec. 237 RCW 28B.15.520 and 2007 c 355 s 6 are each amended to
read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the community colleges and Bellevue College may:
(1) Waive all or a portion of tuition fees and services and
activities fees for:
(a) Students nineteen years of age or older who are eligible for
resident tuition and fee rates as defined in RCW 28B.15.012 through
28B.15.015, who enroll in a course of study or program which will
enable them to finish their high school education and obtain a high
school diploma or certificate, but who are not eligible students as
defined by RCW 28A.600.405; and
(b) Children of any law enforcement officer or firefighter who lost
his or her life or became totally disabled in the line of duty while
employed by any public law enforcement agency or full-time or volunteer
fire department in this state: PROVIDED, That such persons may receive
the waiver only if they begin their course of study at a community
college or Bellevue College within ten years of their graduation from
high school;
(2) Waive all or a portion of the nonresident tuition fees
differential for:
(a) Nonresident students enrolled in a community college course of
study or program or equivalent course of study or program at Bellevue
College which will enable them to finish their high school education
and obtain a high school diploma or certificate but who are not
eligible students as defined by RCW 28A.600.405. The waiver shall be
in effect only for those courses which lead to a high school diploma or
certificate; and
(b) Up to forty percent of the students enrolled in the regional
education program for deaf students, subject to federal funding of such
program.
Sec. 238 RCW 28B.15.522 and 1993 sp.s. c 18 s 17 are each amended
to read as follows:
(1) The governing boards of the community colleges and Bellevue
College may waive all or a portion of the tuition and services and
activities fees for persons under subsection (2) of this section
pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in courses on
a space available basis and new course sections shall not be created as
a result of the registration;
(b) Enrollment information on persons registered pursuant to this
section shall be maintained separately from other enrollment
information and shall not be included in official enrollment reports,
nor shall such persons be considered in any enrollment statistics which
would affect budgetary determinations; and
(c) Persons who enroll under this section shall have the same
access to support services as do all other students and shall be
subject to all course prerequisite requirements.
(2) A person is eligible for the waiver under subsection (1) of
this section if the person:
(a) Meets the requirements for a resident student under RCW
28B.15.011 through 28B.15.015;
(b) Is twenty-one years of age or older;
(c) At the time of initial enrollment under subsection (1) of this
section, has not attended an institution of higher education for the
previous six months;
(d) Is not receiving or is not entitled to receive unemployment
compensation of any nature under Title 50 RCW; and
(e) Has an income at or below the need standard established under
chapter 74.04 RCW by the department of social and health services.
(3) The state board for community and technical colleges shall
adopt rules to carry out this section.
Sec. 239 RCW 28B.15.526 and 1987 c 12 s 2 are each amended to
read as follows:
The legislature intends to permit the governing boards of the
community colleges and Bellevue College to charge resident tuition and
fees for students of foreign nations who are participants in the
international student exchange program.
Sec. 240 RCW 28B.15.527 and 1993 sp.s. c 18 s 18 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the community colleges and Bellevue College may waive all or a
portion of the nonresident tuition fees differential for undergraduate
students of foreign nations as follows:
(1) Priority in the awarding of waivers shall be given to students
on academic exchanges and students participating in special programs
recognized through formal agreements between states, cities, or
institutions;
(2) The waiver programs under this section shall promote reciprocal
placements and waivers in foreign nations for Washington residents.
The number of foreign students granted waivers through this program
shall not exceed the number of that institution's own students enrolled
in approved study programs abroad during the same period;
(3) No reciprocal placements shall be required for up to thirty
students participating in the Georgetown University scholarship program
funded by the United States agency for international development;
(4) Participation shall be limited to one hundred full-time foreign
students each year.
Sec. 241 RCW 28B.15.540 and 1992 c 231 s 16 are each amended to
read as follows:
Consistent with the ((regulations)) rules and procedures
established by the governing boards of the state universities, the
regional universities, Bellevue College, and The Evergreen State
College and the state board for community and technical colleges, each
institution may for Washington residents who are sixty years of age or
older:
(1) Waive, in whole or in part, the tuition and services and
activities fees for students who qualify under this section and who are
enrolled for credit, and
(2) Waive, in whole or in part, the tuition and services and
activities fees for students who qualify under this section, but charge
a nominal fee not to exceed five dollars per quarter, or semester, as
the case may be, for such students who are enrolled on an audit basis:
PROVIDED, That residents enrolling with fee exemptions under this
section shall register for not more than two quarter or semester
courses at one time on a space available basis, and no new course
sections shall be created as a direct result of such registration:
PROVIDED FURTHER, That such waivers shall not be available to students
who plan to use the course credits gained thereby for increasing
credentials or salary schedule increases: PROVIDED FURTHER, That
enrollment information concerning fee exemptions awarded under this
section shall be maintained separately from other enrollment
information but shall not be included in official enrollment reports:
PROVIDED, That persons who enroll pursuant to provisions of this
section shall not be considered for any purpose in determining student-teacher ratio, nor for any purpose relating to enrollment totals, nor
any other statistic which would affect budgetary determinations.
Persons enrolling under the provisions of this section shall have, in
equal with all other students, access to course counseling services and
shall be subject to all course prerequisite requirements.
Sec. 242 RCW 28B.15.543 and 2004 c 275 s 49 are each amended to
read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing
boards of the state universities, the regional universities, The
Evergreen State College, Bellevue College, and the community colleges
shall waive tuition and service and activities fees for students named
by the higher education coordinating board on or before June 30, 1994,
as recipients of the Washington scholars award under RCW 28A.600.100
through 28A.600.150. The waivers shall be used only for undergraduate
studies. To qualify for the waiver, recipients shall enter the college
or university within three years of high school graduation and maintain
a minimum grade point average at the college or university equivalent
to 3.30. Students shall be eligible to receive a maximum of twelve
quarters or eight semesters of waivers and may transfer among state-supported institutions of higher education during that period and
continue to have the tuition and services and activities fees waived by
the state-supported institution of higher education that the student
attends. Should the student's cumulative grade point average fall
below 3.30 during the first three quarters or two semesters, that
student may petition the higher education coordinating board which
shall have the authority to establish a probationary period until such
time as the student's grade point average meets required standards.
(2) Students named by the higher education coordinating board after
June 30, 1994, as recipients of the Washington scholars award under RCW
28A.600.100 through 28A.600.150 shall be eligible to receive a grant
for undergraduate course work as authorized under RCW 28B.76.660.
Sec. 243 RCW 28B.15.545 and 2004 c 275 s 50 are each amended to
read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing
boards of the state universities, the regional universities, The
Evergreen State College, Bellevue College, and the community colleges
shall waive tuition and services and activities fees for a maximum of
two years for those recipients of the Washington award for vocational
excellence established under RCW 28C.04.520 through 28C.04.540 who
received their awards before June 30, 1994. Each recipient shall not
receive a waiver for more than six quarters or four semesters. To
qualify for the waiver, recipients shall enter the college or
university within three years of receiving the award. A minimum grade
point average at the college or university equivalent to 3.00, or an
above-average rating at a technical college, shall be required in the
first year to qualify for the second-year waiver. The tuition waiver
shall be granted for undergraduate studies only.
(2) Students named by the workforce training and education
coordinating board after June 30, 1994, as recipients of the Washington
award for vocational excellence under RCW 28C.04.520 through 28C.04.550
shall be eligible to receive a grant for undergraduate course work as
authorized under RCW 28B.76.670.
Sec. 244 RCW 28B.15.555 and 1986 c 232 s 1 are each amended to
read as follows:
The legislature intends to permit the governing boards of the four-year institutions of higher education and Bellevue College to waive
tuition and fees for certain students of foreign nations. To the
greatest extent possible, students chosen for these waivers and for the
institutions' own approved study abroad programs shall reflect the
range of socioeconomic and ethnic characteristics of the students'
institutions and native countries.
Sec. 245 RCW 28B.15.556 and 1993 sp.s. c 18 s 21 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, Bellevue College,
and The Evergreen State College may waive all or a portion of the
tuition((,)) and services and activities fees for undergraduate or
graduate students of foreign nations subject to the following
limitations:
(1) No more than the equivalent of one hundred waivers may be
awarded to undergraduate or graduate students of foreign nations at
each of the two state universities;
(2) No more than the equivalent of twenty waivers may be awarded to
undergraduate or graduate students of foreign nations at each of the
regional universities, Bellevue College, and The Evergreen State
College;
(3) Priority in the awarding of waivers shall be given to students
on academic exchanges or academic special programs sponsored by
recognized international educational organizations; and
(4) An undergraduate or graduate student of a foreign nation
receiving a waiver under this section is not eligible for any other
waiver.
The waiver programs under this section, to the greatest extent
possible, shall promote reciprocal placements and waivers in foreign
nations for Washington residents. The number of waivers awarded by
each institution shall not exceed the number of that institution's own
students enrolled in approved study programs abroad during the same
period.
Sec. 246 RCW 28B.15.558 and 2007 c 461 s 1 are each amended to
read as follows:
(1) The governing boards of the state universities, the regional
universities, The Evergreen State College, Bellevue College, and the
community colleges may waive all or a portion of the tuition and
services and activities fees for state employees as defined under
subsection (2) of this section and teachers and other certificated
instructional staff under subsection (3) of this section. The
enrollment of these persons is pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in courses on
a space available basis and no new course sections shall be created as
a result of the registration;
(b) Enrollment information on persons registered pursuant to this
section shall be maintained separately from other enrollment
information and shall not be included in official enrollment reports,
nor shall such persons be considered in any enrollment statistics that
would affect budgetary determinations; and
(c) Persons registering on a space available basis shall be charged
a registration fee of not less than five dollars.
(2) For the purposes of this section, "state employees" means
persons employed half-time or more in one or more of the following
employee classifications:
(a) Permanent employees in classified service under chapter 41.06
RCW;
(b) Permanent employees governed by chapter 41.56 RCW pursuant to
the exercise of the option under RCW 41.56.201;
(c) Permanent classified employees and exempt paraprofessional
employees of technical colleges; and
(d) Faculty, counselors, librarians, and exempt professional and
administrative employees at institutions of higher education as defined
in RCW 28B.10.016.
(3) The waivers available to state employees under this section
shall also be available to teachers and other certificated
instructional staff employed at public common and vocational schools,
holding or seeking a valid endorsement and assignment in a state-identified shortage area.
(4) In awarding waivers, an institution of higher education may
award waivers to eligible persons employed by the institution before
considering waivers for eligible persons who are not employed by the
institution.
(5) If an institution of higher education exercises the authority
granted under this section, it shall include all eligible state
employees in the pool of persons eligible to participate in the
program.
(6) In establishing eligibility to receive waivers, institutions of
higher education may not discriminate between full-time employees and
employees who are employed half-time or more.
Sec. 247 RCW 28B.15.605 and 2004 c 161 s 3 are each amended to
read as follows:
(1) The governing boards of the community colleges and technical
colleges and Bellevue College shall refund or cancel up to one hundred
percent but no less than eighty percent of the tuition and services and
activities fees if the student withdraws from a college course or
program before the sixth day of instruction of the regular quarter 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 shall
refund or cancel up to fifty percent but no less than forty percent of
the fees provided such withdrawal occurs within the first twenty
calendar days following the beginning of instruction. However, if a
different policy is required by federal law in order for the college 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.
(2) The governing boards of the respective community college
((or)), technical college, or Bellevue College shall adopt rules
consistent with subsection (1) of this section for the refund of
tuition and fees for the summer quarter and for courses or programs
that begin after the start of the regular quarter.
(3) The governing boards of community colleges and technical
colleges and Bellevue College may extend the refund or cancellation
period for students who withdraw for medical reasons and shall adopt
policies that comply with RCW 28B.10.270 for students who are called
into the military service of the United States.
Sec. 248 RCW 28B.15.621 and 2008 c 188 s 1 and 2008 c 6 s 501 are
each reenacted and amended to read as follows:
(1) The legislature finds that active military and naval veterans,
reserve military and naval veterans, and national guard members called
to active duty have served their country and have risked their lives to
defend the lives of all Americans and the freedoms that define and
distinguish our nation. The legislature intends to honor active
military and naval veterans, reserve military and naval veterans, and
national guard members who have served on active military or naval duty
for the public service they have provided to this country.
(2) Subject to the limitations in RCW 28B.15.910, the governing
boards of the state universities, the regional universities, The
Evergreen State College, Bellevue College, and the community colleges,
may waive all or a portion of tuition and fees for an eligible veteran
or national guard member.
(3) The governing boards of the state universities, the regional
universities, The Evergreen State College, Bellevue College, and the
community colleges, may waive all or a portion of tuition and fees for
a military or naval veteran who is a Washington domiciliary, but who
did not serve on foreign soil or in international waters or in another
location in support of those serving on foreign soil or in
international waters and who does not qualify as an eligible veteran or
national guard member under subsection (8) of this section. However,
there shall be no state general fund support for waivers granted under
this subsection.
(4) Subject to the conditions in subsection (5) of this section and
the limitations in RCW 28B.15.910, the governing boards of the state
universities, the regional universities, The Evergreen State College,
Bellevue College, and the community colleges, shall waive all tuition
and fees for the following persons:
(a) A child and the spouse or the domestic partner or surviving
spouse or surviving domestic partner of an eligible veteran or national
guard member who became totally disabled, as defined in RCW 28B.15.385,
as a result of serving in active federal military or naval service, or
who is determined by the federal government to be a prisoner of war or
missing in action; and
(b) A child and the surviving spouse or surviving domestic partner
of an eligible veteran or national guard member who lost his or her
life as a result of serving in active federal military or naval
service.
(5) The conditions in this subsection (5) apply to waivers under
subsection (4) of this section.
(a) A child must be a Washington domiciliary between the age of
seventeen and twenty-six to be eligible for the tuition waiver. A
child's marital status does not affect eligibility.
(b)(i) A surviving spouse or surviving domestic partner must be a
Washington domiciliary.
(ii) Except as provided in (b)(iii) of this subsection, a surviving
spouse or surviving domestic partner has ten years from the date of the
death, total disability, or federal determination of prisoner of war or
missing in action status of the eligible veteran or national guard
member to receive benefits under the waiver. Upon remarriage or
registration in a subsequent domestic partnership, the surviving spouse
or surviving domestic partner is ineligible for the waiver of all
tuition and fees.
(iii) If a death results from total disability, the surviving
spouse has ten years from the date of death in which to receive
benefits under the waiver.
(c) Each recipient's continued participation is subject to the
school's satisfactory progress policy.
(d) Tuition waivers for graduate students are not required for
those who qualify under subsection (4) of this section but are
encouraged.
(e) Recipients who receive a waiver under subsection (4) of this
section may attend full-time or part-time. Total credits earned using
the waiver may not exceed two hundred quarter credits, or the
equivalent of semester credits.
(6) Required waivers of all tuition and fees under subsection (4)
of this section shall not affect permissive waivers of tuition and fees
under subsection (3) of this section.
(7) Private vocational schools and private higher education
institutions are encouraged to provide waivers consistent with the
terms in subsections (2) through (5) of this section.
(8) The definitions in this subsection apply throughout this
section.
(a) "Eligible veteran or national guard member" means a Washington
domiciliary who was an active or reserve member of the United States
military or naval forces, or a national guard member called to active
duty, who served in active federal service, under either Title 10 or
Title 32 of the United States Code, in a war or conflict fought on
foreign soil or in international waters or in another location in
support of those serving on foreign soil or in international waters,
and if discharged from service, has received an honorable discharge.
(b) "Totally disabled" means a person who has been determined to be
one hundred percent disabled by the federal department of veterans
affairs.
(c) "Washington domiciliary" means a person whose true, fixed, and
permanent house and place of habitation is the state of Washington.
"Washington domiciliary" includes a person who is residing in rental
housing or residing in base housing. In ascertaining whether a child
or surviving spouse or surviving domestic partner is domiciled in the
state of Washington, public institutions of higher education shall, to
the fullest extent possible, rely upon the standards provided in RCW
28B.15.013.
(9) As used in subsection (4) of this section, "fees" includes all
assessments for costs incurred as a condition to a student's full
participation in coursework and related activities at an institution of
higher education.
(10) The governing boards of the state universities, the regional
universities, The Evergreen State College, Bellevue College, and the
community colleges shall report to the higher education committees of
the legislature by November 15, 2010, and every two years thereafter,
regarding the status of implementation of the waivers under subsection
(4) of this section. The reports shall include the following data and
information:
(a) Total number of waivers;
(b) Total amount of tuition waived;
(c) Total amount of fees waived;
(d) Average amount of tuition and fees waived per recipient;
(e) Recipient demographic data that is disaggregated by distinct
ethnic categories within racial subgroups; and
(f) Recipient income level, to the extent possible.
Sec. 249 RCW 28B.15.725 and 1997 c 433 s 4 are each amended to
read as follows:
(1) The governing boards of the state universities, the regional
universities, Bellevue College, and The Evergreen State College may
establish home tuition programs by negotiating home tuition agreements
with an out-of-state institution or consortium of institutions of
higher education if no loss of tuition and fee revenue occurs as a
result of the agreements.
(2) Home tuition agreements allow students at Washington state
institutions of higher education to attend an out-of-state institution
of higher education as part of a student exchange. Students
participating in a home tuition program shall pay an amount equal to
their regular, full-time tuition and required fees to either the
Washington institution of higher education or the out-of-state
institution of higher education depending upon the provisions of the
particular agreement. Payment of course fees in excess of generally
applicable tuition and required fees must be addressed in each home
tuition agreement to ensure that the instructional programs of the
Washington institution of higher education do not incur additional
uncompensated costs as a result of the exchange.
(3) Student participation in a home tuition agreement authorized by
this section is limited to one academic year.
(4) Students enrolled under a home tuition agreement shall reside
in Washington state for the duration of the program, may not use the
year of enrollment under this program to establish Washington state
residency, and are not eligible for state financial aid.
Sec. 250 RCW 28B.15.730 and 1993 sp.s. c 18 s 27 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the state board for
community and technical colleges and the governing boards of the state
universities, the regional universities, the community colleges,
Bellevue College, and The Evergreen State College may waive all or a
portion of the nonresident tuition fees differential for residents of
Oregon, upon completion of and to the extent permitted by an agreement
between the higher education coordinating board and appropriate
officials and agencies in Oregon granting similar waivers for residents
of the state of Washington.
Sec. 251 RCW 28B.15.740 and 1997 c 207 s 1 are each amended to
read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing
boards of the state universities, the regional universities, The
Evergreen State College, Bellevue College, and the community colleges
may waive all or a portion of tuition and fees for needy students who
are eligible for resident tuition and fee rates pursuant to RCW
28B.15.012 and 28B.15.013. Subject to the limitations of RCW
28B.15.910, the governing boards of the state universities, the
regional universities, The Evergreen State College, Bellevue College,
and the community colleges may waive all or a portion of tuition and
fees for other students at the discretion of the governing boards,
except on the basis of participation in intercollegiate athletic
programs, not to exceed three-fourths of one percent of gross
authorized operating fees revenue under RCW 28B.15.910 for the
community colleges considered as a whole and not to exceed two percent
of gross authorized operating fees revenue for the other institutions
of higher education. The board of trustees at Bellevue College may
waive up to three-fourths of one percent of gross authorized operating
fees collected for students enrolled for the purposes of obtaining an
associate degree and up to two percent of gross authorized operating
fees revenue for students enrolled for the purposes of obtaining a
baccalaureate degree.
(2) In addition to the tuition and fee waivers provided in
subsection (1) of this section and subject to the provisions of RCW
28B.15.455, 28B.15.460, and 28B.15.910, a total dollar amount of
tuition and fee waivers awarded by any state university, regional
university, or state college, or Bellevue College under this chapter,
not to exceed one percent, as calculated in subsection (1) of this
section, may be used for the purpose of achieving or maintaining gender
equity in intercollegiate athletic programs. At any institution that
has an underrepresented gender class in intercollegiate athletics, any
such waivers shall be awarded:
(a) First, to members of the underrepresented gender class who
participate in intercollegiate athletics, where such waivers result in
saved or displaced money that can be used for athletic programs for the
underrepresented gender class. Such saved or displaced money shall be
used for programs for the underrepresented gender class; and
(b) Second, (i) to nonmembers of the underrepresented gender class
who participate in intercollegiate athletics, where such waivers result
in saved or displaced money that can be used for athletic programs for
members of the underrepresented gender class. Such saved or displaced
money shall be used for programs for the underrepresented gender class;
or (ii) to members of the underrepresented gender class who participate
in intercollegiate athletics, where such waivers do not result in any
saved or displaced money that can be used for athletic programs for
members of the underrepresented gender class.
Sec. 252 RCW 28B.15.750 and 1993 sp.s. c 18 s 29 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, Bellevue College,
and The Evergreen State College and the state board for community and
technical colleges may waive all or a portion of the nonresident
tuition fees differential for residents of Idaho, upon completion of
and to the extent permitted by an agreement between the higher
education coordinating board and appropriate officials and agencies in
Idaho granting similar waivers for residents of the state of
Washington.
Sec. 253 RCW 28B.15.756 and 1993 sp.s. c 18 s 30 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, Bellevue College,
and The Evergreen State College and the state board for community and
technical colleges may waive all or a portion of the nonresident
tuition fees differential for residents of the Canadian province of
British Columbia, upon completion of and to the extent permitted by an
agreement between the higher education coordinating board and
appropriate officials and agencies in the Canadian province of British
Columbia providing for enrollment opportunities for residents of the
state of Washington without payment of tuition or fees in excess of
those charged to residents of British Columbia.
Sec. 254 RCW 28B.15.794 and 1991 c 228 s 3 are each amended to
read as follows:
The governing board of each ((state university, regional
university, state college, and community college)) institution of
higher education shall ensure that the principles in ((section 1 of
this act)) RCW 28B.15.792 are implemented at its institution of higher
education.
Sec. 255 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.
(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, Bellevue College, 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.
Sec. 256 RCW 28B.15.910 and 2008 c 188 s 3 are each amended to
read as follows:
(1) For the purpose of providing state general fund support to
public institutions of higher education, except for revenue waived
under programs listed in subsections (3) and (4) of this section, and
unless otherwise expressly provided in the omnibus state appropriations
act, the total amount of operating fees revenue waived, exempted, or
reduced by a state university, a regional university, The Evergreen
State College, Bellevue College, or the community colleges as a whole,
shall not exceed the percentage of total gross authorized operating
fees revenue in this subsection. As used in this section, "gross
authorized operating fees revenue" means the estimated gross operating
fees revenue as estimated under RCW 82.33.020 or as revised by the
office of financial management, before granting any waivers. This
limitation applies to all tuition waiver programs established before or
after July 1, 1992.
(a) University of Washington 21 percent
(b) Washington State University 20 percent
(c) Eastern Washington University 11 percent
(d) Central Washington University 10 percent
(e) Western Washington University 10 percent
(f) The Evergreen State College 10 percent
(g) Bellevue College 10 percent
(h) Community colleges as a whole 35 percent
(2) The limitations in subsection (1) of this section apply to
waivers, exemptions, or reductions in operating fees contained in the
following:
(a) RCW 28B.15.014;
(b) RCW 28B.15.100;
(c) RCW 28B.15.225;
(d) RCW 28B.15.380;
(e) RCW 28B.15.520;
(f) RCW 28B.15.526;
(g) RCW 28B.15.527;
(h) RCW 28B.15.543;
(i) RCW 28B.15.545;
(j) RCW 28B.15.555;
(k) RCW 28B.15.556;
(l) RCW 28B.15.615;
(m) RCW 28B.15.621 (2) and (4);
(n) RCW 28B.15.730;
(o) RCW 28B.15.740;
(p) RCW 28B.15.750;
(q) RCW 28B.15.756;
(r) RCW 28B.50.259; and
(s) RCW 28B.70.050.
(3) The limitations in subsection (1) of this section do not apply
to waivers, exemptions, or reductions in services and activities fees
contained in the following:
(a) RCW 28B.15.522;
(b) RCW 28B.15.540;
(c) RCW 28B.15.558; and
(d) RCW 28B.15.621(3).
(4) The total amount of operating fees revenue waived, exempted, or
reduced by institutions of higher education participating in the
western interstate commission for higher education western
undergraduate exchange program under RCW 28B.15.544 shall not exceed
the percentage of total gross authorized operating fees revenue in this
subsection.
(a) Washington State University 1 percent
(b) Eastern Washington University 3 percent
(c) Central Washington University 3 percent
(5) The institutions of higher education will participate in
outreach activities to increase the number of veterans who receive
tuition waivers. Colleges and universities shall revise the
application for admissions so that all applicants shall have the
opportunity to advise the institution that they are veterans who need
assistance. If a person indicates on the application for admissions
that the person is a veteran who is in need of assistance, then the
institution of higher education shall ask the person whether they have
any funds disbursed in accordance with the Montgomery GI Bill available
to them. Each institution shall encourage veterans to utilize funds
available to them in accordance with the Montgomery GI Bill prior to
providing the veteran a tuition waiver.
Sec. 257 RCW 28B.15.915 and 2000 c 152 s 1 are each amended to
read as follows:
In addition to waivers granted under the authority of RCW
28B.15.910, the governing boards of the state universities, the
regional universities, The Evergreen State College, Bellevue College,
and the community colleges, subject to state board policy, may waive
all or a portion of the operating fees for any student. There shall be
no state general fund support for waivers granted under this section.
By January 31st of each odd-numbered year, the institutions of
higher education shall prepare a report of the costs and benefits of
waivers granted under chapter 152, Laws of 2000 and shall transmit
copies of their report to the appropriate policy and fiscal committees
of the legislature.
Sec. 258 RCW 28B.35.370 and 1991 sp.s. c 13 s 49 are each amended
to read as follows:
Within thirty-five days from the date of collection thereof all
building fees of each regional university, Bellevue College, and The
Evergreen State College shall be paid into the state treasury and these
together with such normal school fund revenues as provided in RCW
28B.35.751 as are received by the state treasury shall be credited as
follows:
(1) On or before June 30th of each year the board of trustees of
each regional university, Bellevue College, and The Evergreen State
College, if issuing bonds payable out of its building fees and above
described normal school fund revenues, shall certify to the state
treasurer the amounts required in the ensuing twelve months to pay and
secure the payment of the principal of and interest on such bonds. The
amounts so certified by each regional university, Bellevue College, and
The Evergreen State College shall be a prior lien and charge against
all building fees and above described normal school fund revenues of
such institution. The state treasurer shall thereupon deposit the
amounts so certified in the Eastern Washington University capital
projects account, the Central Washington University capital projects
account, the Western Washington University capital projects account,
the Bellevue College capital projects account, or The Evergreen State
College capital projects account respectively, which accounts are
hereby created in the state treasury. The amounts deposited in the
respective capital projects accounts shall be used exclusively to pay
and secure the payment of the principal of and interest on the building
bonds issued by such regional universities, Bellevue College, and The
Evergreen State College as authorized by law. If in any twelve month
period it shall appear that the amount certified by any such board of
trustees is insufficient to pay and secure the payment of the principal
of and interest on the outstanding building and above described normal
school fund revenue bonds of its institution, the state treasurer shall
notify the board of trustees and such board shall adjust its
certificate so that all requirements of moneys to pay and secure the
payment of the principal of and interest on all such bonds then
outstanding shall be fully met at all times.
(2) All normal school fund revenue pursuant to RCW 28B.35.751 shall
be deposited in the Eastern Washington University capital projects
account, the Central Washington University capital projects account,
the Western Washington University capital projects account, the
Bellevue College capital projects account, or The Evergreen State
College capital projects account respectively, which accounts are
hereby created in the state treasury. The sums deposited in the
respective capital projects accounts shall be appropriated and expended
exclusively to pay and secure the payment of the principal of and
interest on bonds payable out of the building fees and normal school
revenue and for the construction, reconstruction, erection, equipping,
maintenance, demolition and major alteration of buildings and other
capital assets, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances in relation thereto except for any sums
transferred therefrom as authorized by law.
Sec. 259 RCW 28B.35.710 and 1985 c 390 s 49 are each amended to
read as follows:
The following terms, whenever used or referred to in RCW 28B.35.700
through 28B.35.790, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "boards" means the boards of trustees of the regional
universities, Bellevue College, and The Evergreen State College.
(2) The words "building fees" mean the building fees charged
students registering at each college, but shall not mean the special
tuition or other fees charged such students or fees, charges, rentals,
and other income derived from any or all revenue-producing lands,
buildings, and facilities of the respective colleges, heretofore or
hereafter acquired, constructed or installed, including but not limited
to income from rooms, dormitories, dining rooms, hospitals,
infirmaries, housing or student activity buildings, vehicular parking
facilities, land or the appurtenances thereon.
(3) The words "bond retirement funds" shall mean the special funds
created by law and known as the Eastern Washington University bond
retirement fund, Central Washington University bond retirement fund,
Western Washington University bond retirement fund, Bellevue College
bond retirement fund, and The Evergreen State College bond retirement
fund, all as referred to in RCW 28B.35.370.
(4) The word "bonds" means the bonds payable out of the bond
retirement funds.
(5) The word "projects" means the construction, completion,
reconstruction, remodeling, rehabilitation, or improvement of any
building or other facility of any of the aforementioned colleges
authorized by the legislature at any time and to be financed by the
issuance and sale of bonds.
Sec. 260 RCW 28B.35.751 and 1993 c 411 s 2 are each amended to
read as follows:
All moneys received from the lease or rental of lands set apart by
the enabling act for state normal schools purposes; all interest or
income arising from the proceeds of the sale of such lands or of the
timber, fallen timber, stone, gravel, or other valuable material
thereon, less the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160; and all moneys received as interest
on deferred payments on contracts for the sale of such lands, shall
from time to time be paid into the state treasury and credited to the
Eastern Washington University, Central Washington University, Western
Washington University, Bellevue College, and The Evergreen State
College capital projects accounts as herein provided to be expended for
capital projects, and bond retirement purposes as set forth in RCW
28B.35.750((, as now or hereafter amended)). Eastern Washington
University, Central Washington University, Western Washington
University, Bellevue College, and The Evergreen State College shall be
credited with one-fourth of the total amount beginning July 1, 2003.
Beginning July 1, 1995, The Evergreen State College shall receive five
percent of the total amount not obligated to repayment of bonds;
Eastern Washington University, Central Washington University, and
Western Washington University shall receive equal amounts of the
remaining amount. Beginning July 1, 1997, The Evergreen State College
shall receive ten percent of the total amount not obligated to
repayment of bonds; Eastern Washington University, Central Washington
University, and Western Washington University shall receive equal
amounts of the remaining amount. Beginning July 1, 1999, The Evergreen
State College shall receive fifteen percent of the total amount not
dedicated to repayment of bonds; Eastern Washington University, Central
Washington University, and Western Washington University shall each
receive equal amounts of the remaining amount. Beginning July 1, 2001,
The Evergreen State College shall receive twenty percent of the total
amount not obligated to repayment of bonds; Eastern Washington
University, Central Washington University, and Western Washington
University shall each receive equal amounts of the remaining amount.
Sec. 261 RCW 28B.35.790 and 1977 ex.s. c 169 s 91 are each
amended to read as follows:
RCW 28B.35.700 through 28B.35.790 ((as now or hereafter amended))
is concurrent with other legislation with reference to providing funds
for the construction of buildings at the regional universities,
Bellevue College, or The Evergreen State College and is not to be
construed as repealing or limiting any existing provision of law with
reference thereto.
Sec. 262 RCW 28B.50.030 and 2007 c 277 s 301 are each amended to
read as follows:
As used in this chapter, unless the context requires otherwise, the
term:
(1) "System" shall mean the state system of community and technical
colleges, which shall be a system of higher education.
(2) "Board" shall mean the workforce training and education
coordinating board.
(3) "College board" shall mean the state board for community and
technical colleges created by this chapter.
(4) "Director" shall mean the administrative director for the state
system of community and technical colleges.
(5) "District" shall mean any one of the community and technical
college districts created by this chapter.
(6) "Board of trustees" shall mean the local community and
technical college board of trustees established for each college
district within the state.
(7) "Occupational education" shall mean that education or training
that will prepare a student for employment that does not require a
baccalaureate degree, and education and training leading to an applied
baccalaureate degree.
(8) "K-12 system" shall mean the public school program including
kindergarten through the twelfth grade.
(9) "Common school board" shall mean a public school district board
of directors.
(10) "Community college" shall include those higher education
institutions that conduct education programs under RCW 28B.50.020.
(11) "Technical college" shall include those higher education
institutions with the sole mission of conducting occupational
education, basic skills, literacy programs, and offering on short
notice, when appropriate, programs that meet specific industry needs.
The programs of technical colleges shall include, but not be limited
to, continuous enrollment, competency-based instruction, industry-experienced faculty, curriculum integrating vocational and basic skills
education, and curriculum approved by representatives of employers and
labor. For purposes of this chapter, technical colleges shall include
Lake Washington Vocational-Technical Institute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park
Vocational Institute, and Bellingham Vocational-Technical Institute.
(12) "Adult education" shall mean all education or instruction,
including academic, vocational education or training, basic skills and
literacy training, and "occupational education" provided by public
educational institutions, including common school districts for persons
who are eighteen years of age and over or who hold a high school
diploma or certificate. However, "adult education" shall not include
academic education or instruction for persons under twenty-one years of
age who do not hold a high school degree or diploma and who are
attending a public high school for the sole purpose of obtaining a high
school diploma or certificate, nor shall "adult education" include
education or instruction provided by any four year public institution
of higher education.
(13) "Dislocated forest product worker" shall mean a forest
products worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in
the individual's principal occupation or previous industry because of
a diminishing demand for his or her skills in that occupation or
industry; or (ii) is self-employed and has been displaced from his or
her business because of the diminishing demand for the business'
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural resources
impact area.
(14) "Forest products worker" shall mean a worker in the forest
products industries affected by the reduction of forest fiber
enhancement, transportation, or production. The workers included
within this definition shall be determined by the employment security
department, but shall include workers employed in the industries
assigned the major group standard industrial classification codes "24"
and "26" and the industries involved in the harvesting and management
of logs, transportation of logs and wood products, processing of wood
products, and the manufacturing and distribution of wood processing and
logging equipment. The commissioner may adopt rules further
interpreting these definitions. For the purposes of this subsection,
"standard industrial classification code" means the code identified in
RCW 50.29.025(3).
(15) "Dislocated salmon fishing worker" means a finfish products
worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in
the individual's principal occupation or previous industry because of
a diminishing demand for his or her skills in that occupation or
industry; or (ii) is self-employed and has been displaced from his or
her business because of the diminishing demand for the business's
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural resources
impact area.
(16) "Salmon fishing worker" means a worker in the finfish industry
affected by 1994 or future salmon disasters. The workers included
within this definition shall be determined by the employment security
department, but shall include workers employed in the industries
involved in the commercial and recreational harvesting of finfish
including buying and processing finfish. The commissioner may adopt
rules further interpreting these definitions.
(17) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990 decennial
census, that meets three of the five criteria set forth in subsection
(18) of this section;
(b) A nonmetropolitan county with a population of less than forty
thousand in the 1990 decennial census, that meets two of the five
criteria as set forth in subsection (18) of this section; or
(c) A nonurbanized area, as defined by the 1990 decennial census,
that is located in a metropolitan county that meets three of the five
criteria set forth in subsection (18) of this section.
(18) For the purposes of designating rural natural resources impact
areas, the following criteria shall be considered:
(a) A lumber and wood products employment location quotient at or
above the state average;
(b) A commercial salmon fishing employment location quotient at or
above the state average;
(c) Projected or actual direct lumber and wood products job losses
of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing job losses
of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above the state
average. The counties that meet these criteria shall be determined by
the employment security department for the most recent year for which
data is available. For the purposes of administration of programs
under this chapter, the United States post office five-digit zip code
delivery areas will be used to determine residence status for
eligibility purposes. For the purpose of this definition, a zip code
delivery area of which any part is ten miles or more from an urbanized
area is considered nonurbanized. A zip code totally surrounded by zip
codes qualifying as nonurbanized under this definition is also
considered nonurbanized. The office of financial management shall make
available a zip code listing of the areas to all agencies and
organizations providing services under this chapter.
(19) "Applied baccalaureate degree" means a baccalaureate degree
awarded by a college under RCW 28B.50.810 for successful completion of
a program of study that is:
(a) Specifically designed for individuals who hold an associate of
applied science degree, or its equivalent, in order to maximize
application of their technical course credits toward the baccalaureate
degree; and
(b) Based on a curriculum that incorporates both theoretical and
applied knowledge and skills in a specific technical field.
(20) "Qualified institutions of higher education" means:
(a) Washington public community and technical colleges;
(b) Private career schools that are members of an accrediting
association recognized by rule of the higher education coordinating
board for the purposes of chapter 28B.92 RCW; ((and))
(c) Washington state apprenticeship and training council-approved
apprenticeship programs; and
(d) Bellevue College.
Sec. 263 RCW 28B.50.252 and 1991 c 238 s 77 are each amended to
read as follows:
(1) Bellevue College and each local education agency or college
district offering vocational educational programs shall establish local
advisory committees to provide that agency or district with advice on
current job needs and on the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment, and
effectiveness;
(c) Include representatives of business and labor who reflect the
local industry, and the community; and
(d) Actively consult with other representatives of business,
industry, labor, and agriculture.
Sec. 264 RCW 28B.50.465 and 2003 1st sp.s. c 20 s 3 are each
amended to read as follows:
(1) Academic employees of community and technical college districts
shall be provided an annual salary cost-of-living increase in
accordance with this section. For purposes of this section, "academic
employee" has the same meaning as defined in RCW 28B.52.020. For
purposes of this section, Bellevue College as established in section
101 of this act is included in the eighth community and technical
college district as defined in RCW 28B.50.040.
(a) Beginning with the 2001-2002 fiscal year, and for each
subsequent fiscal year, except as provided in (d) of this subsection,
each college district shall receive a cost-of-living allocation
sufficient to increase academic employee salaries, including mandatory
salary-related benefits, by the rate of the yearly increase in the
cost-of-living index.
(b) A college district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with
the district's salary schedules, collective bargaining agreements, and
other compensation policies. No later than the end of the fiscal year,
each college district shall certify to the college board that it has
spent funds provided for cost-of-living increases on salaries and
salary-related benefits.
(c) The college board shall include any funded cost-of-living
increase in the salary base used to determine cost-of-living increases
for academic employees in subsequent years.
(d) Beginning with the 2001-2002 fiscal year, and for each
subsequent fiscal year except for the 2003-04 and 2004-05 fiscal years,
the state shall fully fund the cost-of-living increase set forth in
this section.
(2) For the purposes of this section, "cost-of-living index" means,
for any fiscal year, the previous calendar year's annual average
consumer price index, using the official current base, compiled by the
bureau of labor statistics, United States department of labor for the
state of Washington. If the bureau of labor statistics develops more
than one consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively
within the boundaries of the state, and including all items shall be
used for the cost-of-living index in this section.
Sec. 265 RCW 28B.76.020 and 1985 c 370 s 2 are each amended to
read as follows:
For the purposes of this chapter:
(1) "Board" means the higher education coordinating board; and
(2) "Four-year institutions" means the University of Washington,
Washington State University, Central Washington University, Eastern
Washington University, Western Washington University, Bellevue College,
and The Evergreen State College.
Sec. 266 RCW 28B.76.230 and 2005 c 258 s 11 are each amended to
read as follows:
(1) The board shall develop a comprehensive and ongoing assessment
process to analyze the need for additional degrees and programs,
additional off-campus centers and locations for degree programs, and
consolidation or elimination of programs by the four-year institutions.
(2) As part of the needs assessment process, the board shall
examine:
(a) Projections of student, employer, and community demand for
education and degrees, including liberal arts degrees, on a regional
and statewide basis;
(b) Current and projected degree programs and enrollment at public
and private institutions of higher education, by location and mode of
service delivery; and
(c) Data from the workforce training and education coordinating
board and the state board for community and technical colleges on the
supply and demand for workforce education and certificates and
associate degrees.
(3) Every two years the board shall produce, jointly with the state
board for community and technical colleges and the workforce training
and education coordinating board, an assessment of the number and type
of higher education and training credentials required to match employer
demand for a skilled and educated workforce. The assessment shall
include the number of forecasted net job openings at each level of
higher education and training and the number of credentials needed to
match the forecast of net job openings.
(4) The board shall determine whether certain major lines of study
or types of degrees, including applied degrees or research-oriented
degrees, shall be assigned uniquely to some institutions or
institutional sectors in order to create centers of excellence that
focus resources and expertise.
(5) The following activities are subject to approval by the board:
(a) New degree programs by a four-year institution;
(b) Creation of any off-campus program by a four-year institution;
(c) Purchase or lease of major off-campus facilities by a four-year
institution or a community or technical college;
(d) Creation of higher education centers and consortia;
(e) New degree programs and creation of off-campus programs by an
independent college or university in collaboration with a community or
technical college and Bellevue College; and
(f) Applied baccalaureate degree programs developed by colleges
under RCW 28B.50.810.
(6) Institutions seeking board approval under this section must
demonstrate that the proposal is justified by the needs assessment
developed under this section. Institutions must also demonstrate how
the proposals align with or implement the statewide strategic master
plan for higher education under RCW 28B.76.200.
(7) The board shall develop clear guidelines and objective
decision-making criteria regarding approval of proposals under this
section, which must include review and consultation with the
institution and other interested agencies and individuals.
(8) The board shall periodically recommend consolidation or
elimination of programs at the four-year institutions, based on the
needs assessment analysis.
NEW SECTION. Sec. 301 Part headings and captions used in this
act do not constitute any part of the law.
NEW SECTION. Sec. 302 The board of trustees for the Bellevue
community college district and its powers, duties, and functions
terminate September 30, 2010.
NEW SECTION. Sec. 303 Sections 101 through 115 and 301 of this
act constitute a new chapter in Title
NEW SECTION. Sec. 304 Section 103 of this act takes effect
October 1, 2010.