BILL REQ. #:  S-3602.3 

Read first time 01/19/10.   Referred to Committee on Higher Education & Workforce Development.

     AN ACT Relating to tuition and financial aid at institutions of higher education; amending RCW 28B.15.067, 28B.15.100, and 28B.15.031; adding new sections to chapter 28B.15 RCW; and adding a new section to chapter 28B.92 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.15 RCW to read as follows:
     (1) For the purposes of this section, "cost of instruction" means the average instructional support in state funds and operating fees per full-time equivalent undergraduate, at each respective institution of higher education for the prior academic year, as disclosed by the higher education coordinating board under RCW 28B.76.300.
     (2) Credits earned through advanced placement programs shall not be applied to the total accumulated for the purposes of this section.
     (3) For resident undergraduate students who have accumulated more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate degree at a state university, regional university, or The Evergreen State College, tuition fees shall equal a sum not less than the cost of instruction.
     (4) For nonresident undergraduate students who have accumulated more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate degree at a state university, regional university, or The Evergreen State College, tuition fees shall equal a sum not less than twice the cost of instruction.
     (5) It is presumed that increased tuition fees will apply to all students described in subsections (3) and (4) of this section unless the student presents to his or her registrar evidence that one or more of the following conditions apply:
     (a) The student is a dislocated worker as defined in RCW 50.04.075 or a person engaging in a job training program under the purview of the work force training and education coordinating board;
     (b) The student participates in the border county higher education opportunity project under RCW 28B.76.685;
     (c) The student is a certificated teacher 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.
     (6) Students who believe they are under extraordinary or unforeseen academic or personal circumstances or were unable to complete their baccalaureate degree program within the number of credits specified due to institutional constraints may petition the higher education coordinating board for a special waiver from the tuition provisions of subsections (3) and (4) of this section. The board shall create a process through which student petitions may be fairly processed, heard, and determined. The process shall include a one hundred dollar administrative fee. The entire amount of the fee shall be refunded for those students who make a successful petition.
     (7) For students unable to enroll in a class required for the student's major due to the sequencing of courses, if the student enrolls in the class the next time it is offered, the institution of higher education must waive the tuition and fees for that class.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.15 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Guaranteed tuition rate" means the full-time tuition rate paid by resident undergraduate students that in fall 2011 or later are enrolled for the first time as new students or transfer students at a state university, regional university, or The Evergreen State College. The guaranteed tuition rate shall be held constant for each new student or transfer student for a period of time described in subsection (2) of this section.
     (b) "New students" means resident undergraduate students enrolled at a state university, regional university, or The Evergreen State College for the first time in fall 2011 or later and who have not previously earned academic credits at an institution of higher education except as students jointly enrolled in a Washington high school and an institution of higher education or through advanced placement credit.
     (c) "Transfer students" means resident undergraduate students enrolled at a state university, regional university, or The Evergreen State College in fall 2011 or later who were previously enrolled at another institution of higher education and have earned academic credits.
     (2)(a) The governing board of each state university, regional university, and The Evergreen State College shall annually approve guaranteed tuition rates.
     (b) New students shall be charged the approved guaranteed tuition rate, which shall be fixed for a period of four continuous academic years.
     (c) The guaranteed tuition rate for transfer students is the rate in existence at the time the student enrolls in the institution of higher education to which the student is transferring. This rate is guaranteed for four academic years, beginning when the student first enrolls at an institution of higher education, not from the time of transferring.
     (d) The guaranteed tuition rate may be extended for a period not exceeding one academic year, at the respective governing boards' discretion, for students enrolled in programs that require more than four academic years to complete.
     (e) A student eligible to receive the guaranteed tuition rate who is called to active military duty shall receive an extension of the guarantee equal to the time of active military service.
     (f) The guaranteed tuition rate for new and transfer students expires at the end of the periods described in this section. Students whose initial guaranteed tuition rate expires shall thereafter pay the guaranteed tuition rate established for the current academic year by the institution's governing board, if section 1 of this act does not apply.
     (g) Each institution of higher education shall establish a process to allow students to appeal their eligibility for the guaranteed tuition rate based upon extenuating circumstances. Each institution of higher education shall have the final decision on any appeal.

Sec. 3   RCW 28B.15.067 and 2009 c 574 s 1 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 2012-13 academic year)), reductions or increases in full-time tuition fees for resident undergraduates at a community or technical college shall be as provided in the omnibus appropriations act.
     (3)(a) Beginning with the ((2003-04)) 2011-12 academic year ((and ending with the 2012-13 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 at community and technical colleges, 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.
     (((b) Prior to reducing or increasing tuition for each academic year, the governing boards of the state universities, the regional universities, and The Evergreen State College shall consult with existing student associations or organizations with student undergraduate and graduate representatives regarding the impacts of potential tuition increases. Governing boards shall be required to provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.
     (c) Prior to reducing or increasing tuition for each academic year, each college in the state board for community and technical college system shall consult with existing student associations or organizations with undergraduate student representation regarding the impacts of potential tuition increases. Colleges shall provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.
     (4) Academic year tuition for full-time students at the state's institutions of higher education beginning with 2015-16, other than summer term, shall be as charged during the 2014-15 academic year unless different rates are adopted by the legislature.
     (5))) (4) 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))) (5) 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))) (6) 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))) (7) 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.
     (((10))) (8) Any tuition increases above seven percent shall fund costs of instruction, library and student services, utilities and maintenance, other costs related to instruction as well as institutional financial aid. Through 2010-11, any funding reductions to instruction, library and student services, utilities and maintenance and other costs related to instruction shall be proportionally less than other program areas including administration.

Sec. 4   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, 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 sections 1 and 2 of this act and 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, 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 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.

NEW SECTION.  Sec. 5   A new section is added to chapter 28B.92 RCW to read as follows:
     (1) Pursuant to subsection (2) of this section, a state university, regional university, or The Evergreen State College shall waive full-time tuition fees for resident undergraduate students as follows:
     (a) Students whose family incomes are at or below fifty percent of the state's median family income shall receive a waiver equal to one hundred percent of full-time tuition fees;
     (b) Students whose family incomes are greater than fifty percent and less than seventy-five percent of the state's median family income shall receive a waiver equal to seventy-five percent of full-time tuition fees;
     (c) Students whose family incomes are at or exceed seventy-five percent and are less than one hundred percent of the state's median family income shall receive a waiver equal to fifty percent of full-time tuition fees; and
     (d) Students whose family incomes are at or exceed one hundred one percent and are less than one hundred twenty-five percent of the state's median family income shall receive a waiver equal to twenty-five percent of full-time tuition fees.
     (2)(a) If an institution's full-time tuition fees for resident undergraduate students exceed five percent of the state's median family income for a family of four, then subsection (1)(a) of this section applies.
     (b) If an institution's full-time tuition fees for resident undergraduate students exceed ten percent of the state's median family income for a family of four, then subsection (1)(b) of this section also applies.
     (c) If an institution's full-time tuition fees for resident undergraduate students exceed fifteen percent of the state's median family income for a family of four, then subsection (1)(c) of this section also applies.
     (d) If an institution's full-time tuition fees for resident undergraduate students exceed twenty percent of the state's median family income for a family of four, then subsection (1)(d) of this section also applies.
     (3) The waivers required in subsection (1) of this section shall be reduced by the amount of any state need grant and other financial aid awards.
     (4) Waivers shall be made under this section only to the extent that the student has not exceeded the credits identified in section 1 of this act.
     (5) This section applies beginning with the 2011-12 academic year.

Sec. 6   RCW 28B.15.031 and 2003 c 232 s 2 are each amended to read as follows:
     The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, technology and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities 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, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be deposited in a local account containing only operating fees revenue and related interest((: PROVIDED, That a minimum of three and one-half percent of operating fees shall be retained by the institutions for the purposes of RCW 28B.15.820)). Local tuition operating fee accounts shall ((not)) be subject to appropriation by the legislature ((or)) and to allotment procedures under chapter 43.88 RCW.