BILL REQ. #:  S-2529.2 

Read first time 04/10/09.   Referred to Committee on Ways & Means.

     AN ACT Relating to economically responsible solutions for higher education funding and access; amending RCW 28B.10.695, 28B.15.910, and 28B.10.056; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28B.15 RCW; creating a new section; and providing an expiration date.

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

Sec. 1   RCW 28B.10.695 and 2003 c 407 s 1 are each amended to read as follows:
     (1) Each four-year institution of higher education and the state board for community and technical colleges shall develop policies that ensure undergraduate students enrolled in degree or certificate programs complete their programs in a timely manner in order to make the most efficient use of instructional resources and provide capacity within the institution for additional students.
     (2) Policies adopted under this section shall address, but not be limited to, undergraduate students in the following circumstances:
     (a) Students who accumulate more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate or associate degree or certificate programs;
     (b) Students who drop more than twenty-five percent of their course load before the grading period for the quarter or semester, which prevents efficient use of instructional resources; and
     (c) Students who remain on academic probation for more than one quarter or semester.
     (3) Policies adopted under this section ((may)) shall include assessment by the institution of a surcharge in addition to regular tuition and fees to be paid by a student for continued enrollment. The amount of the surcharge shall result in a tuition fees assessment for that student equivalent to the full cost of instruction for the subsequent quarter or semester after a finding that a policy under subsection (2) of this section has been violated. The surcharge shall continue to be assessed until the institution of higher education determines that the policy is no longer being violated.
     (4) It is presumed that the surcharge shall apply to all students described in subsection (2) of this section unless the student presents to his or her registrar evidence that one or more of the following exemptions apply:
     (a) The student is a dislocated worker as defined by RCW 50.04.075 or a person engaging in a job training program under the purview of the workforce training and education coordinating board;
     (b) The student participates in the border county higher education opportunity project under RCW 28B.76.685;
     (c) The student is a certificated teacher of the K-12 school system pursuing continuing education credits according to certification requirements; or
     (d) The student has not been enrolled in an institution of higher education during the preceding five years.
     (5) Students who believe they are under extraordinary or unforeseen academic or personal circumstances or were unable to complete their baccalaureate degree program within the number of credits specified due to institutional constraints may petition the institution of higher education for a special waiver from the tuition surcharge provisions of subsection (3) of this section. The institution of higher education shall create a process through which student petitions may be fairly processed, heard, and determined. The process shall include a one hundred dollar administrative fee. The entire amount of the fee shall be refunded for those students who make a successful petition.
     (6) For the purposes of this section, "full cost of instruction" means the average instructional support in state general funds and tuition fees, as defined in RCW 28B.15.020, per full-time equivalent undergraduate at each institution of higher education for that academic year.

Sec. 2   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, 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)) 18 percent
     (b) Washington State University       ((20)) 14 percent
     (c) Eastern Washington University       ((11)) 6.5 percent
     (d) Central Washington University       ((10)) 8 percent
     (e) Western Washington University       ((10)) 9 percent
     (f) The Evergreen State College       ((10)) 6 percent
     (g) Community colleges as a whole       ((35)) 20 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. 3   RCW 28B.10.056 and 2006 c 180 s 2 are each amended to read as follows:
     (1) A state priority is established for institutions of higher education, including community colleges, to encourage growing numbers of enrollments and degrees in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics.
     (2) In meeting this state priority, the legislature understands and recognizes that the demands of the economic marketplace and the desires of students are not always on parallel tracks. Therefore, institutions of higher education shall determine and track local student demand for programs in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics ((and submit findings and proposed alternatives to meet demand to the higher education coordinating board and the legislature by November 1, 2008)).
     (3) While it is understood that these areas of emphasis should not be the sole focus of institutions of higher education((.)), it is the intent of the legislature that steady progress in these areas occur. The higher education coordinating board shall track and report progress in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics including, but not limited to, the following information:
     (a) The number of students enrolled in these fields on a biennial basis;
     (b) The number of associate, bachelor's, and master's degrees conferred in these fields on a biennial basis;
     (c) The amount of expenditures in enrollment and degree programs in these fields; and
     (d) The number and type of public-private partnerships established relating to these fields among institutions of higher education, including community colleges, private colleges and universities, and leading corporations in Washington state.
     (4) Institutions of higher education, including community colleges, shall be provided discretion and flexibility in achieving the objectives under this section. Examples of the types of institutional programs that may help achieve these objectives include, but are not limited to, establishment of institutes of technology, new polytechnic-based institutions, new divisions of existing institutions, partnerships with private colleges and universities, and a flexible array of delivery models, including face-to-face learning, interactive courses, internet-based offerings, and instruction on main campuses, branch campuses, and other educational centers.
     (5) The legislature recognizes the global needs of the economic marketplace for technologically prepared graduates, and the relationship between technology industries and higher education. Institutions of higher education, including community colleges, are strongly urged to consider science, engineering, and technology program growth in areas of the state that exhibit a high concentration of aerospace, biotechnology, and technology industrial presence. Expanded science and technology programs can gain from the proximity of experienced and knowledgeable industry leaders, while industry can benefit from access to new sources of highly trained and educated graduates.
     (6) The state may contract with private colleges and universities to provide courses or degrees in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics, for Washington resident students as defined in RCW 28B.15.012(2) (a) through (d). The higher education coordinating board shall act as the agent for the state in negotiating the terms of the contracts. The terms of the contract shall include:
     (a) The number of courses offered or degrees to be conferred per year;
     (b) The number of students to be served per year;
     (c) The financial consideration for providing the services; and
     (d) Any other terms necessary to facilitate the administration of the contract.

NEW SECTION.  Sec. 4   For fiscal years 2010 and 2011, the percentage of nonresident undergraduate students admitted to institutions of higher education, as defined in RCW 28B.10.016, shall be limited to:
     (1) Fifteen percent at the University of Washington, Washington State University, The Evergreen State College, and the regional universities; and
     (2) Four percent at the community and technical colleges.

NEW SECTION.  Sec. 5   For fiscal years 2010 and 2011, community colleges shall charge not less than one hundred dollars in tuition per semester or quarter for adult basic education. This requirement may be waived for students who demonstrate a financial inability to meet the total cost of books, tuition, and incidental fees for any semester or quarter.

NEW SECTION.  Sec. 6   A new section is added to chapter 28B.10 RCW to read as follows:
     (1) To the greatest extent feasible within available funds, all institutions of higher education shall use common online learning technologies including, but not limited to, existing learning management and web conferencing systems currently managed and governed by the state board for community and technical colleges; and share professional development materials and activities related to effective use of these tools. The state board for community and technical colleges may adjust existing vendor licenses to accommodate and provide enterprise services for any interested institutions of higher education. The common learning management system shall be designed in a way that allows for easy sharing of courses, learning objects, and other digital content among the institutions of higher education.
     (2) It is the intent of the legislature that the number and percent of enrollments served by online learning or web conferencing technologies continue to expand. The goal is for twenty percent of community and technical college enrollments and ten percent of four-year public institution enrollments to be attending using online learning or web conferencing technologies by 2015.

NEW SECTION.  Sec. 7   A new section is added to chapter 28B.15 RCW to read as follows:
     (1) Some upper division courses at Washington colleges and universities are significantly more expensive to offer because the classes must be smaller or specialized faculty must be retained to maintain the quality of instruction that students expect and deserve.
     (2) Colleges and universities, using the expertise of administrators and faculty, and in consultation with student government association or its equivalent, shall identify upper division courses that are significantly more expensive to offer.
     (3) The governing board of each of the state colleges or universities may establish and charge each student enrolled in upper division courses identified in subsection (2) of this section, an upper division surcharge. The surcharge may not exceed ten percent of the student's tuition fees charged to a student for that class.
     (4) The surcharge may be waived for students receiving state need grant awards under chapter 28B.92 RCW.
     (5) Revenues from the surcharge in this section shall be used exclusively for expenses incurred for offering the specific class that resulted the surcharge, except that three and one-half percent of revenues from the surcharge shall be deposited in the institutional financial aid fund under RCW 28B.15.820.

NEW SECTION.  Sec. 8   Section 2 of this act expires July 1, 2011.