E2SSB 5182 -
By Representative Seaquist
WITHDRAWN 05/21/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that the state's
higher education system plays a critical role in assuring Washington's
continued leadership role in driving economic prosperity, innovation,
and opportunity. By educating citizens for living wage jobs, producing
world-class research, and helping to create vibrant communities, the
state's institutions of higher education form a foundational component
in assuring prosperity for our citizens.
The legislature also recognizes the significant contributions made
by the higher education coordinating board in coordinating higher
education policy and planning, and administering the state's financial
aid programs. The board has also recently finished several significant
planning efforts that will provide guidance to the legislature and to
the institutions in forming priorities and deploying resources.
However, the legislature also recognizes the importance of
prioritizing scarce resources for the core, front-line services that
institutions provide--namely instruction, research, and robust
financial aid. During times of economic downturn, policymakers must
focus on those areas of public service that have the most direct and
immediate impact on students. Keeping class sections open, attracting
the best professors and instructors, providing comprehensive support
services, and offering meaningful financial help to offset the costs of
attending school must be the main concerns of policymakers.
It is for these reasons that the legislature intends to create a
new office dedicated entirely to the administration of student
financial aid programs. By focusing financial and governance resources
on direct aid to students, the state can provide the highest level of
service in this area. The legislature further intends to eliminate
many of the policy and planning functions of the higher education
coordinating board and rededicate those resources to the higher
education institutions that provide the core, front-line services
associated with instruction and research. Given the unprecedented
budget crises the state is facing, the state must take the opportunity
to build on the recommendations of the board and use the dollars where
they can make the most direct impact.
Sec. 101 RCW 28B.76.020 and 2010 c 245 s 4 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Board" means the higher education coordinating board.))
"Council" means the council for higher education.
(2) "Four-year institutions" means the University of Washington,
Washington State University, Central Washington University, Eastern
Washington University, Western Washington University, and The Evergreen
State College.
(3) "Major expansion" means expansion of the higher education
system that requires significant new capital investment, including
building new institutions, campuses, branches, or centers or conversion
of existing campuses, branches, or centers that would result in a
mission change.
(4) "Mission change" means a change in the level of degree awarded
or institutional type not currently authorized in statute.
(5) "Office" means the office of student financial assistance.
Sec. 102 RCW 28B.76.090 and 2007 c 458 s 102 are each amended to
read as follows:
(1) The office of student financial assistance is created.
(2) The purpose of the office is to administer state and federal
financial aid and other education services programs, including the
advanced college tuition payment program in chapter 28B.95 RCW, in a
cost-effective manner.
(3) The ((board)) office shall employ a director ((and may delegate
agency management to the director. The director)) who shall serve at
the pleasure of the ((board, shall be the executive officer of the
board, and shall, under the board's supervision,)) governor and shall
administer the provisions of this chapter. The ((executive)) director
shall((, with the approval of the board)): (((1))) (a) Employ
necessary deputy and assistant directors and other exempt staff under
chapter 41.06 RCW who shall serve at his or her pleasure on such terms
and conditions as he or she determines and (((2))) (b) subject to the
provisions of chapter 41.06 RCW, appoint and employ such other
employees as may be required for the proper discharge of the functions
of the ((board. The executive director shall exercise such additional
powers, other than rule making, as may be delegated by the board by
resolution. In fulfilling the duties under this chapter, the board
shall make extensive use of those state agencies with responsibility
for implementing and supporting postsecondary education plans and
policies including but not limited to appropriate legislative groups,
the postsecondary education institutions, the office of financial
management, the workforce training and education coordinating board,
the state board for community and technical colleges, and the office of
the superintendent of public instruction. Outside consulting and
service agencies may also be employed. The board may compensate these
groups and consultants in appropriate ways)) office.
Sec. 103 RCW 28B.76.120 and 1985 c 370 s 8 are each amended to
read as follows:
The ((board)) office shall have authority to adopt rules as
necessary to implement this chapter.
Sec. 104 RCW 28B.76.300 and 2004 c 275 s 14 are each amended to
read as follows:
(1) The ((board)) office shall annually develop information on the
approximate amount of state support that students receive. For
students at state-supported colleges and universities, the information
shall include the approximate level of support received by students in
each tuition category. That information may include consideration of
the following: Expenditures included in the educational cost formula,
revenue forgiven from waived tuition and fees, state-funded financial
aid awarded to students at public institutions, and all or a portion of
appropriated amounts not reflected in the educational cost formula for
institutional programs and services that may affect or enhance the
educational experience of students at a particular institution. For
students attending a private college, university, or proprietary
school, the information shall include the amount of state-funded
financial aid awarded to students attending the institution.
(2) Beginning July 30, 1993, the ((board)) office shall annually
provide information appropriate to each institution's student body to
each state-supported four-year institution of higher education and to
the state board for community and technical colleges for distribution
to community colleges and technical colleges.
(3) Beginning July 30, 1993, the ((board)) office shall annually
provide information on the level of financial aid received by students
at that institution to each private university, college, or proprietary
school, that enrolls students receiving state-funded financial aid.
(4) Beginning with the 1997 fall academic term, each institution of
higher education described in subsection (2) or (3) of this section
shall provide to students at the institution information on the
approximate amount that the state is contributing to the support of
their education. Information provided to students at each state-supported college and university shall include the approximate amount
of state support received by students in each tuition category at that
institution. The amount of state support shall be based on the
information provided by the ((board)) office under subsections (1)
through (3) of this section. The information shall be provided to
students at the beginning of each academic term through one or more of
the following: Registration materials, class schedules, tuition and
fee billing packets, student newspapers, or via e-mail or kiosk.
Sec. 105 RCW 28B.76.500 and 2009 c 215 s 7 are each amended to
read as follows:
(1) The ((board)) office shall administer any state program or
state-administered federal program of student financial aid now or
hereafter established.
(2) Each of the student financial aid programs administered by the
((board)) office shall be labeled an "opportunity pathway." Loans
provided by the federal government and aid granted to students outside
of the financial aid package provided through institutions of higher
education are not subject to the labeling provisions in this
subsection. All communication materials, including, but not limited
to, printed materials, presentations, and web content, shall include
the "opportunity pathway" label.
(3) If the ((board)) office develops a one-stop college information
web-based portal that includes financial, academic, and career planning
information, the portal shall display all available student financial
aid programs, except federal student loans and aid granted to students
outside of the financial aid package provided through institutions of
higher education, under the "opportunity pathway" label. The portal
shall also display information regarding federal tax credits related to
higher education available for students or their families.
(4) The labeling requirements in this section do not change the
source, eligibility requirements, or student obligations associated
with each program. The ((board)) office shall customize its
communications to differentiate between programs, eligibility
requirements, and student obligations, so long as the reporting
provisions of this chapter are also fulfilled.
Sec. 106 RCW 28B.76.505 and 2007 c 73 s 1 are each amended to
read as follows:
(1) The investment of funds from all scholarship endowment programs
administered by the ((higher education coordinating board)) office
shall be managed by the state investment board.
(2) The state investment board has the full power to invest,
reinvest, manage, contract, sell, or exchange investment money in
scholarship endowment funds. All investment and operating costs
associated with the investment of a scholarship endowment fund shall be
paid pursuant to RCW 43.33A.160 and 43.84.160. With the exception of
these expenses, the earnings from the investments of the fund belong to
the fund.
(3) Funds from all scholarship endowment programs administered by
the board shall be in the custody of the state treasurer.
(4) All investments made by the state investment board shall be
made with the exercise of that degree of judgment and care pursuant to
RCW 43.33A.140 and the investment policies established by the state
investment board.
(5) As deemed appropriate by the state investment board, money in
a scholarship endowment fund may be commingled for investment with
other funds subject to investment by the state investment board.
(6) The authority to establish all policies relating to scholarship
endowment funds, other than the investment policies in subsections (2)
through (5) of this section, resides with the ((higher education
coordinating board)) office.
(7) The ((higher education coordinating board)) office may request
and accept moneys from the state investment board. With the exception
of expenses of the state investment board in subsection (2) of this
section, disbursements from the fund shall be made only on the
authorization of the ((higher education coordinating board,)) office
and money in the fund may be spent only for the purposes of the
endowment programs as specified in the authorizing chapter of each
program.
(8) The state investment board shall routinely consult and
communicate with the ((higher education coordinating board)) office on
the investment policy, earnings of the scholarship endowment funds, and
related needs of the programs.
Sec. 107 RCW 28B.76.510 and 1985 c 370 s 21 are each amended to
read as follows:
The ((board)) office shall administer any federal act pertaining to
higher education which is not administered by another state agency.
Sec. 108 RCW 28B.76.520 and 1985 c 370 s 22 are each amended to
read as follows:
The ((board)) office is authorized to receive and expend federal
funds and any private gifts or grants, such federal funds or private
funds to be expended in accordance with the conditions contingent in
such grant thereof.
Sec. 109 RCW 28B.76.525 and 2005 c 139 s 1 are each amended to
read as follows:
(1) The state financial aid account is created in the custody of
the state treasurer. The primary purpose of the account is to ensure
that all appropriations designated for financial aid through statewide
student financial aid programs are made available to eligible students.
The account shall be a nontreasury account.
(2) The ((higher education coordinating board)) office shall
deposit in the account all money received for the state need grant
program established under RCW 28B.92.010, the state work-study program
established under chapter 28B.12 RCW, the Washington scholars program
established under RCW 28A.600.110, the Washington award for vocational
excellence program established under RCW 28C.04.525, and the
educational opportunity grant program established under chapter 28B.101
RCW. The account shall consist of funds appropriated by the
legislature for the programs listed in this subsection and private
contributions to the programs. Moneys deposited in the account do not
lapse at the close of the fiscal period for which they were
appropriated. Both during and after the fiscal period in which moneys
were deposited in the account, the ((board)) office may expend moneys
in the account only for the purposes for which they were appropriated,
and the expenditures are subject to any other conditions or limitations
placed on the appropriations.
(3) Expenditures from the account shall be used for scholarships to
students eligible for the programs according to program rules and
policies.
(4) Disbursements from the account are exempt from appropriations
and the allotment provisions of chapter 43.88 RCW.
(5) Only the ((executive)) director of the ((higher education
coordinating board)) office or the ((executive)) director's designee
may authorize expenditures from the account.
Sec. 110 RCW 28B.76.540 and 2004 c 275 s 18 are each amended to
read as follows:
In addition to administrative responsibilities assigned in this
chapter, the ((board)) office shall administer the programs set forth
in the following statutes: RCW 28A.600.100 through 28A.600.150
(Washington scholars); chapter 28B.85 RCW (degree-granting
institutions); chapter 28B.92 RCW (state need grant); chapter 28B.12
RCW (work study); RCW 28B.15.543 (tuition waivers for Washington
scholars); RCW 28B.15.760 through 28B.15.766 (math and science loans);
RCW 28B.15.100 (reciprocity agreement); RCW 28B.15.730 through
((28B.15.736)) 28B.15.734 (Oregon reciprocity); RCW 28B.15.750 through
28B.15.754 (Idaho reciprocity); RCW 28B.15.756 and 28B.15.758 (British
Columbia reciprocity); chapter 28B.101 RCW (educational opportunity
grant); chapter 28B.102 RCW (future teachers conditional scholarship);
chapter 28B.108 RCW (American Indian endowed scholarship); chapter
28B.109 RCW (Washington international exchange scholarship); chapter
28B.115 RCW (health professional conditional scholarship); chapter
28B.119 RCW (Washington promise scholarship); and chapter 28B.133 RCW
(gaining independence for students with dependents).
Sec. 111 RCW 28B.76.560 and 1987 c 8 s 2 are each amended to read
as follows:
The Washington distinguished professorship trust fund program is
established.
The program shall be administered by the ((higher education
coordinating board)) office.
The trust fund shall be administered by the state treasurer.
Sec. 112 RCW 28B.76.565 and 2010 1st sp.s. c 37 s 915 are each
amended to read as follows:
Funds appropriated by the legislature for the distinguished
professorship program shall be deposited in the distinguished
professorship trust fund. At the request of the ((higher education
coordinating board)) office under RCW 28B.76.575, the treasurer shall
release the state matching funds to the designated institution's local
endowment fund. No appropriation is required for expenditures from the
fund. During the 2009-2011 fiscal biennium, the legislature may
transfer from the distinguished professorship trust fund to the state
general fund such amounts as reflect the excess fund balance in the
account.
Sec. 113 RCW 28B.76.570 and 1987 c 8 s 4 are each amended to read
as follows:
In consultation with the eligible institutions of higher education,
the ((higher education coordinating board)) office shall set guidelines
for the program. These guidelines may include an allocation system
based on factors which include but are not limited to: The amount of
money available in the trust fund; characteristics of the institutions
including the size of the faculty and student body; and the number of
professorships previously received.
Any allocation system shall be superseded by conditions in any act
of the legislature appropriating funds for this program.
Sec. 114 RCW 28B.76.575 and 1988 c 125 s 3 are each amended to
read as follows:
All state four-year institutions of higher education shall be
eligible for matching trust funds. An institution may apply to the
((higher education coordinating board)) office for two hundred fifty
thousand dollars from the fund when the institution can match the state
funds with an equal amount of pledged or contributed private donations
or with funds received through legislative appropriation specifically
for the G. Robert Ross distinguished faculty award and designated as
being qualified to be matched from trust fund moneys. These donations
shall be made specifically to the professorship program, and shall be
donated after July 1, 1985.
Upon an application by an institution, the ((board)) office may
designate two hundred fifty thousand dollars from the trust fund for
that institution's pledged professorship. If the pledged two hundred
fifty thousand dollars is not received within three years, the
((board)) office shall make the designated funds available for another
pledged professorship.
Once the private donation is received by the institution, the
((higher education coordinating board)) office shall ask the state
treasurer to release the state matching funds to a local endowment fund
established by the institution for the professorship.
Sec. 115 RCW 28B.76.605 and 1987 c 147 s 2 are each amended to
read as follows:
The Washington graduate fellowship trust fund program is
established. The program shall be administered by the ((higher
education coordinating board)) office. The trust fund shall be
administered by the state treasurer.
Sec. 116 RCW 28B.76.610 and 2010 1st sp.s. c 37 s 916 are each
amended to read as follows:
Funds appropriated by the legislature for the graduate fellowship
program shall be deposited in the graduate fellowship trust fund. At
the request of the ((higher education coordinating board)) office under
RCW 28B.76.620, the treasurer shall release the state matching funds to
the designated institution's local endowment fund. No appropriation is
required for expenditures from the fund. During the 2009-2011 fiscal
biennium, the legislature may transfer from the graduate fellowship
trust fund to the state general fund such amounts as reflect the excess
fund balance in the account.
Sec. 117 RCW 28B.76.615 and 1987 c 147 s 4 are each amended to
read as follows:
In consultation with eligible institutions of higher education, the
((higher education coordinating board)) office shall set guidelines for
the program. These guidelines may include an allocation system based
on factors which include but are not limited to: The amount of money
available in the trust fund; characteristics of the institutions
including the size of the faculty and student body; and the number of
fellowships previously received.
Any allocation system shall be superseded by conditions in any
legislative act appropriating funds for the program.
Sec. 118 RCW 28B.76.620 and 1987 c 147 s 5 are each amended to
read as follows:
(1) All state four-year institutions of higher education shall be
eligible for matching trust funds. Institutions may apply to the
((higher education coordinating board)) office for twenty-five thousand
dollars from the fund when they can match the state funds with equal
pledged or contributed private donations. These donations shall be
made specifically to the graduate fellowship program, and shall be
donated after July 1, 1987.
(2) Upon an application by an institution, the ((board)) office may
designate twenty-five thousand dollars from the trust fund for that
institution's pledged graduate fellowship fund. If the pledged twenty-five thousand dollars is not received within two years, the ((board))
office shall make the designated funds available for another pledged
graduate fellowship fund.
(3) Once the private donation is received by the institution, the
((higher education coordinating board)) office shall ask the state
treasurer to release the state matching funds to a local endowment fund
established by the institution for the graduate fellowships.
Sec. 119 RCW 28B.76.640 and 1985 c 370 s 17 are each amended to
read as follows:
The ((board)) office is hereby specifically directed to develop
such state plans as are necessary to coordinate the state of
Washington's participation within the student exchange compact programs
under the auspices of the Western Interstate Commission for Higher
Education, as provided by chapter 28B.70 RCW. In addition to
establishing such plans the ((board)) office shall designate the state
certifying officer for student programs.
Sec. 120 RCW 28B.76.645 and 2004 c 275 s 23 are each amended to
read as follows:
In the development of any such plans as called for within RCW
28B.76.640, the ((board)) office shall use at least the following
criteria:
(1) Students who are eligible to attend compact-authorized programs
in other states shall meet the Washington residency requirements of
chapter 28B.15 RCW prior to being awarded tuition assistance.
(2) For recipients named after January 1, 1995, the tuition
assistance shall be in the form of loans that may be completely
forgiven in exchange for the student's service within the state of
Washington after graduation. The requirements for such service and
provisions for loan forgiveness shall be determined in rules adopted by
the ((board)) office.
(3) If appropriations are insufficient to fund all students
qualifying under subsection (1) of this section, then the plans shall
include criteria for student selection that would be in the best
interest in meeting the state's educational needs, as well as
recognizing the financial needs of students.
(4) Receipts from the payment of principal or interest or any other
subsidies to which the ((board)) office as administrator is entitled,
that are paid by or on behalf of participants under this section, shall
be deposited with the ((board)) office and placed in an account created
in this section and shall be used to cover the costs of granting the
scholarships, maintaining necessary records, and making collections.
The ((board)) office shall maintain accurate records of these costs,
and all receipts beyond those necessary to pay such costs shall be used
to grant conditional loans to eligible students.
(5) The Washington interstate commission on higher education
professional student exchange program trust fund is created in the
custody of the state treasurer. All receipts from loan repayment shall
be deposited into the fund. Only the ((higher education coordinating
board)) office, or its designee, may authorize expenditures from the
fund. No appropriation is required for expenditures from this fund.
Sec. 121 RCW 28B.76.650 and 1985 c 370 s 19 are each amended to
read as follows:
The ((board)) office shall periodically advise the governor and the
legislature of the policy implications of the state of Washington's
participation in the Western Interstate Commission for Higher Education
student exchange programs as they affect long-range planning for post-secondary education, together with recommendations on the most
efficient way to provide high cost or special educational programs to
Washington residents.
Sec. 122 RCW 28B.76.660 and 2005 c 518 s 917 are each amended to
read as follows:
(1) Recipients of the Washington scholars award or the Washington
scholars-alternate award under RCW 28A.600.100 through 28A.600.150 who
choose to attend an independent college or university in this state, as
defined in subsection (4) of this section, and recipients of the award
named after June 30, 1994, who choose to attend a public college or
university in the state may receive grants under this section if moneys
are available. The ((higher education coordinating board)) office
shall distribute grants to eligible students under this section from
moneys appropriated for this purpose. The individual grants shall not
exceed, on a yearly basis, the yearly, full-time, resident,
undergraduate tuition and service and activities fees in effect at the
state-funded research universities. Grants to recipients attending an
independent institution shall be contingent upon the institution
matching on at least a dollar-for-dollar basis, either with actual
money or by a waiver of fees, the amount of the grant received by the
student from the state. The ((higher education coordinating board))
office shall establish procedures, by rule, to disburse the awards as
direct grants to the students.
(2) The ((higher education coordinating board)) office shall
establish rules that provide for the annual awarding of grants, if
moneys are available, to three Washington scholars per legislative
district except for fiscal year 2007 when no more than two scholars per
district shall be selected; and, if not used by an original recipient,
to the Washington scholars-alternate from the same legislative
district.
Beginning with scholars selected in the year 2000, if the
recipients of grants fail to demonstrate in a timely manner that they
will enroll in a Washington institution of higher education in the fall
term of the academic year following the award of the grant or are
deemed by the ((higher education coordinating board)) office to have
withdrawn from college during the first academic year following the
award, then the grant shall be considered relinquished. The ((higher
education coordinating board)) office may then award any remaining
grant amounts to the Washington scholars-alternate from the same
legislative district if the grants are awarded within one calendar year
of the recipient being named a Washington scholars-alternate.
Washington scholars-alternates named as recipients of the grant must
also demonstrate in a timely manner that they will enroll in a
Washington institution of higher education during the next available
term, as determined by the ((higher education coordinating board))
office. The ((board)) office may accept appeals and grant waivers to
the enrollment requirements of this section based on exceptional
mitigating circumstances of individual grant recipients.
To maintain eligibility for the grants, recipients must 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 grants for undergraduate study and may
transfer among in-state public and independent colleges and
universities during that period and continue to receive the grant as
provided under RCW 28B.76.665. If the student's cumulative grade point
average falls below 3.30 during the first three quarters or two
semesters, that student may petition the ((higher education
coordinating board)) office which shall have the authority to establish
a probationary period until such time as the student's grade point
average meets required standards.
(3) No grant shall be awarded to any student who is pursuing a
degree in theology.
(4) As used in this section, "independent college or university"
means a private, nonprofit educational institution, the main campus of
which is permanently situated in the state, open to residents of the
state, providing programs of education beyond the high school level
leading at least to the baccalaureate degree, and accredited by the
northwest association of schools and colleges as of June 9, 1988, and
other institutions as may be developed that are approved by the
((higher education coordinating board)) office of financial management
as meeting equivalent standards as those institutions accredited under
this section.
(5) As used in this section, "public college or university" means
an institution of higher education as defined in RCW 28B.10.016.
Sec. 123 RCW 28B.76.670 and 1995 1st sp.s. c 7 s 8 are each
amended to read as follows:
(1) Recipients of the Washington award for vocational excellence
under RCW 28C.04.520 through 28C.04.550, who receive the award after
June 30, 1994, may receive a grant, if funds are available. The grant
shall be used to attend a postsecondary institution located in the
state of Washington. Recipients may attend an institution of higher
education as defined in RCW 28B.10.016, or an independent college or
university, or a licensed private vocational school. The ((higher
education coordinating board)) office shall distribute grants to
eligible students under this section from moneys appropriated for this
purpose. The individual grants shall not exceed, on a yearly basis,
the yearly, full-time, resident, undergraduate tuition and service and
activities fees in effect at the state-funded research universities.
In consultation with the workforce training and education coordinating
board, the ((higher education coordinating board)) office shall
establish procedures, by rule, to disburse the awards as direct grants
to the students.
(2) To qualify for the grant, recipients shall enter the
postsecondary institution within three years of high school graduation
and maintain a minimum grade point average at the institution
equivalent to 3.00, or, at a technical college, an above average
rating. Students shall be eligible to receive a maximum of two years
of grants for undergraduate study and may transfer among in-state
eligible postsecondary institutions during that period and continue to
receive the grant.
(3) No grant may be awarded to any student who is pursuing a degree
in theology.
(4) As used in this section, "independent college or university"
means a private, nonprofit educational institution, the main campus of
which is permanently situated in the state, open to residents of the
state, providing programs of education beyond the high school level
leading at least to the baccalaureate degree, and accredited by the
Northwest association of schools and colleges as of June 9, 1988, and
other institutions as may be developed that are approved by the
((higher education coordinating board)) office of financial management
as meeting equivalent standards as those institutions accredited under
this section.
(5) As used in this section, "licensed private vocational school"
means a private postsecondary institution, located in the state,
licensed by the workforce training and education coordinating board
under chapter 28C.10 RCW, and offering postsecondary education in order
to prepare persons for a vocation or profession, as defined in RCW
28C.10.020(7).
Sec. 124 RCW 28B.76.690 and 2003 c 159 s 3 are each amended to
read as follows:
The ((higher education coordinating board)) office shall administer
Washington's participation in the border county higher education
opportunity project.
Sec. 125 RCW 28A.600.120 and 1985 c 370 s 32 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall have the responsibility for administration
of the Washington scholars program. The program will be developed
cooperatively with the Washington association of secondary school
principals, a voluntary professional association of secondary school
principals. The cooperation of other state agencies and private
organizations having interest and responsibility in public and private
education shall be sought for planning assistance.
Sec. 126 RCW 28A.600.130 and 2006 c 263 s 916 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall establish a planning committee to develop
criteria for screening and selection of the Washington scholars each
year in accordance with RCW 28A.600.110(1). It is the intent that
these criteria shall emphasize scholastic achievement but not exclude
such criteria as leadership ability and community contribution in final
selection procedures. The Washington scholars planning committee shall
have members from selected state agencies and private organizations
having an interest and responsibility in education, including but not
limited to, the office of superintendent of public instruction, the
council of presidents, the state board for community and technical
colleges, and the Washington friends of higher education.
Sec. 127 RCW 28A.600.140 and 1990 c 33 s 501 are each amended to
read as follows:
Each year on or before March 1st, the Washington association of
secondary school principals shall submit to the ((higher education
coordinating board)) office of student financial assistance the names
of graduating senior high school students who have been identified and
recommended to be outstanding in academic achievement by their school
principals based on criteria to be established under RCW 28A.600.130.
Sec. 128 RCW 28A.600.150 and 2005 c 518 s 916 are each amended to
read as follows:
Each year, three Washington scholars and one Washington scholars-alternate shall be selected from the students nominated under RCW
28A.600.140, except that during fiscal year 2007, no more than two
scholars plus one alternate may be selected. The ((higher education
coordinating board)) office of student financial assistance shall
notify the students so designated, their high school principals, the
legislators of their respective districts, and the governor when final
selections have been made.
The ((board)) office, in conjunction with the governor's office,
shall prepare appropriate certificates to be presented to the
Washington scholars and the Washington scholars-alternates. An awards
ceremony at an appropriate time and place shall be planned by the
((board)) office in cooperation with the Washington association of
secondary school principals, and with the approval of the governor.
Sec. 129 RCW 28A.230.125 and 2009 c 556 s 9 are each amended to
read as follows:
(1) The superintendent of public instruction, in consultation with
the ((higher education coordinating board)) four-year institutions as
defined in RCW 28B.76.020, the state board for community and technical
colleges, and the workforce training and education coordinating board,
shall develop for use by all public school districts a standardized
high school transcript. The superintendent shall establish clear
definitions for the terms "credits" and "hours" so that school programs
operating on the quarter, semester, or trimester system can be
compared.
(2) The standardized high school transcript shall include a
notation of whether the student has earned a certificate of individual
achievement or a certificate of academic achievement.
Sec. 130 RCW 28A.600.285 and 2009 c 450 s 4 are each amended to
read as follows:
The superintendent of public instruction and the ((higher education
coordinating board)) office of student financial assistance shall
develop advising guidelines to assure that students and parents
understand that college credits earned in high school dual credit
programs may impact eligibility for financial aid.
Sec. 131 RCW 28A.630.400 and 2006 c 263 s 815 are each amended to
read as follows:
(1) The professional educator standards board and the state board
for community and technical colleges, in consultation with the
superintendent of public instruction, ((the higher education
coordinating board,)) the state apprenticeship training council, and
community colleges, shall adopt rules as necessary under chapter 34.05
RCW to implement the paraeducator associate of arts degree.
(2) As used in this section, a "paraeducator" is an individual who
has completed an associate of arts degree for a paraeducator. The
paraeducator may be hired by a school district to assist certificated
instructional staff in the direct instruction of children in small and
large groups, individualized instruction, testing of children,
recordkeeping, and preparation of materials. The paraeducator shall
work under the direction of instructional certificated staff.
(3) The training program for a paraeducator associate of arts
degree shall include, but is not limited to, the general requirements
for receipt of an associate of arts degree and training in the areas of
introduction to childhood education, orientation to children with
disabilities, fundamentals of childhood education, creative activities
for children, instructional materials for children, fine art
experiences for children, the psychology of learning, introduction to
education, child health and safety, child development and guidance,
first aid, and a practicum in a school setting.
(4) Consideration shall be given to transferability of credit
earned in this program to teacher preparation programs at colleges and
universities.
Sec. 132 RCW 28A.650.015 and 2009 c 556 s 17 are each amended to
read as follows:
(1) The superintendent of public instruction, to the extent funds
are appropriated, shall develop and implement a Washington state K-12
education technology plan. The technology plan shall be updated on at
least a biennial basis, shall be developed to coordinate and expand the
use of education technology in the common schools of the state. The
plan shall be consistent with applicable provisions of chapter 43.105
RCW. The plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and school
districts for the planning, implementation, and training of staff in
the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect school
districts, institutions of higher learning, and other sources of online
information; and
(c) Methods to equitably increase the use of education technology
by students and school personnel throughout the state.
(2) The superintendent of public instruction shall appoint an
educational technology advisory committee to assist in the development
and implementation of the technology plan in subsection (1) of this
section. The committee shall include, but is not limited to, persons
representing: The department of information services, educational
service districts, school directors, school administrators, school
principals, teachers, classified staff, higher education faculty,
parents, students, business, labor, scientists and mathematicians,
((the higher education coordinating board,)) the workforce training and
education coordinating board, and the state library.
(3) The plan adopted and implemented under this section may not
impose on school districts any requirements that are not specifically
required by federal law or regulation, including requirements to
maintain eligibility for the federal schools and libraries program of
the universal service fund.
Sec. 133 RCW 28A.660.050 and 2010 c 235 s 505 are each amended to
read as follows:
Subject to the availability of amounts appropriated for these
purposes, the conditional scholarship programs in this chapter are
created under the following guidelines:
(1) The programs shall be administered by the ((higher education
coordinating board)) office of student financial assistance. In
administering the programs, the ((higher education coordinating board))
office has the following powers and duties:
(a) To adopt necessary rules and develop guidelines to administer
the programs;
(b) To collect and manage repayments from participants who do not
meet their service obligations; and
(c) To accept grants and donations from public and private sources
for the programs.
(2) Requirements for participation in the conditional scholarship
programs are as provided in this subsection (2).
(a) The alternative route conditional scholarship program is
limited to interns of professional educator standards board-approved
alternative routes to teaching programs under RCW 28A.660.040. For
fiscal year 2011, priority must be given to fiscal year 2010
participants in the alternative route partnership program. In order to
receive conditional scholarship awards, recipients shall:
(i) Be accepted and maintain enrollment in alternative
certification routes through a professional educator standards board-approved program;
(ii) Continue to make satisfactory progress toward completion of
the alternative route certification program and receipt of a residency
teaching certificate; and
(iii) Receive no more than the annual amount of the scholarship,
not to exceed eight thousand dollars, for the cost of tuition, fees,
and educational expenses, including books, supplies, and transportation
for the alternative route certification program in which the recipient
is enrolled. The board may adjust the annual award by the average rate
of resident undergraduate tuition and fee increases at the state
universities as defined in RCW 28B.10.016.
(b) The pipeline for paraeducators conditional scholarship program
is limited to qualified paraeducators as provided by RCW 28A.660.042.
In order to receive conditional scholarship awards, recipients shall:
(i) Be accepted and maintain enrollment at a community and
technical college for no more than two years and attain an associate of
arts degree;
(ii) Continue to make satisfactory progress toward completion of an
associate of arts degree. This progress requirement is a condition for
eligibility into a route one program of the alternative routes to
teacher certification program for a mathematics, special education, or
English as a second language endorsement; and
(iii) Receive no more than the annual amount of the scholarship,
not to exceed four thousand dollars, for the cost of tuition, fees, and
educational expenses, including books, supplies, and transportation for
the alternative route certification program in which the recipient is
enrolled. The board may adjust the annual award by the average rate of
tuition and fee increases at the state community and technical
colleges.
(c) The retooling to teach mathematics and science conditional
scholarship program is limited to current K-12 teachers. In order to
receive conditional scholarship awards:
(i) Individuals currently employed as teachers shall pursue a
middle level mathematics or science, or secondary mathematics or
science endorsement; or
(ii) Individuals who are certificated with an elementary education
endorsement shall pursue an endorsement in middle level mathematics or
science, or both; and
(iii) Individuals shall use one of the pathways to endorsement
processes to receive a mathematics or science endorsement, or both,
which shall include passing a mathematics or science endorsement test,
or both tests, plus observation and completing applicable coursework to
attain the proper endorsement; and
(iv) Individuals shall receive no more than the annual amount of
the scholarship, not to exceed three thousand dollars, for the cost of
tuition, test fees, and educational expenses, including books,
supplies, and transportation for the endorsement pathway being pursued.
(3) The Washington professional educator standards board shall
select individuals to receive conditional scholarships. In selecting
recipients, preference shall be given to eligible veterans or national
guard members.
(4) For the purpose of this chapter, a conditional scholarship is
a loan that is forgiven in whole or in part in exchange for service as
a certificated teacher employed in a Washington state K-12 public
school. The state shall forgive one year of loan obligation for every
two years a recipient teaches in a public school. Recipients who fail
to continue a course of study leading to residency teacher
certification or cease to teach in a public school in the state of
Washington in their endorsement area are required to repay the
remaining loan principal with interest.
(5) Recipients who fail to fulfill the required teaching obligation
are required to repay the remaining loan principal with interest and
any other applicable fees. The ((higher education coordinating board))
office of student financial assistance shall adopt rules to define the
terms for repayment, including applicable interest rates, fees, and
deferments.
(6) The ((higher education coordinating board)) office of student
financial assistance may deposit all appropriations, collections, and
any other funds received for the program in this chapter in the future
teachers conditional scholarship account authorized in RCW 28B.102.080.
Sec. 134 RCW 28B.04.080 and 2004 c 275 s 31 are each amended to
read as follows:
(1) The board shall consult and cooperate with the department of
social and health services; ((the higher education coordinating
board;)) the superintendent of public instruction; the workforce
training and education coordinating board; the employment security
department; the department of labor and industries; sponsoring agencies
under the federal comprehensive employment and training act (87 Stat.
839; 29 U.S.C. Sec. 801 et seq.), and any other persons or agencies as
the board deems appropriate to facilitate the coordination of centers
established under this chapter with existing programs of a similar
nature.
(2) Annually on July 1st, each agency listed in subsection (1) of
this section shall submit a description of each service or program
under its jurisdiction which would support the programs and centers
established by this chapter and the funds available for such support.
(3) The board shall serve as a clearinghouse for displaced
homemaker information and resources and shall compile and disseminate
statewide information to the centers, related agencies, and interested
persons upon request.
Sec. 135 RCW 28B.07.020 and 2007 c 218 s 86 are each amended to
read as follows:
As used in this chapter, the following words and terms shall have
the following meanings, unless the context otherwise requires:
(1) "Authority" means the Washington higher education facilities
authority created under RCW 28B.07.030 or any board, body, commission,
department or officer succeeding to the principal functions of the
authority or to whom the powers conferred upon the authority shall be
given by law.
(2) "Bonds" means bonds, notes, commercial paper, certificates of
indebtedness, or other evidences of indebtedness of the authority
issued under this chapter.
(3) "Bond resolution" means any resolution of the authority,
adopted under this chapter, authorizing the issuance and sale of bonds.
(4) "Higher education institution" means a private, nonprofit
educational institution, the main campus of which is permanently
situated in the state, which is open to residents of the state, which
neither restricts entry on racial or religious grounds, which provides
programs of education beyond high school leading at least to the
baccalaureate degree, and which is accredited by the Northwest
Association of Schools and Colleges or by an accrediting association
recognized by the council for higher education ((coordinating board)).
(5) "Participant" means a higher education institution which, under
this chapter, undertakes the financing of a project or projects or
undertakes the refunding or refinancing of obligations, mortgages, or
advances previously incurred for a project or projects.
(6) "Project" means any land or any improvement, including, but not
limited to, buildings, structures, fixtures, utilities, machinery,
excavations, paving, and landscaping, and any interest in such land or
improvements, and any personal property pertaining or useful to such
land and improvements, which are necessary, useful, or convenient for
the operation of a higher education institution, including but not
limited to, the following: Dormitories or other multi-unit housing
facilities for students, faculty, officers, or employees; dining halls;
student unions; administration buildings; academic buildings;
libraries; laboratories; research facilities; computer facilities;
classrooms; athletic facilities; health care facilities; maintenance,
storage, or utility facilities; parking facilities; or any combination
thereof, or any other structures, facilities, or equipment so related.
(7) "Project cost" means any cost related to the acquisition,
construction, improvement, alteration, or rehabilitation by a
participant or the authority of any project and the financing of the
project through the authority, including, but not limited to, the
following costs paid or incurred: Costs of acquisition of land or
interests in land and any improvement; costs of contractors, builders,
laborers, material suppliers, and suppliers of tools and equipment;
costs of surety and performance bonds; fees and disbursements of
architects, surveyors, engineers, feasibility consultants, accountants,
attorneys, financial consultants, and other professionals; interest on
bonds issued by the authority during any period of construction;
principal of and interest on interim financing of any project; debt
service reserve funds; depreciation funds, costs of the initial start-up operation of any project; fees for title insurance, document
recording, or filing; fees of trustees and the authority; taxes and
other governmental charges levied or assessed on any project; and any
other similar costs. Except as specifically set forth in this
definition, the term "project cost" does not include books, fuel,
supplies, and similar items which are required to be treated as a
current expense under generally accepted accounting principles.
(8) "Trust indenture" means any agreement, trust indenture, or
other similar instrument by and between the authority and one or more
corporate trustees.
Sec. 136 RCW 28B.07.030 and 2007 c 36 s 14 are each amended to
read as follows:
(1) The Washington higher education facilities authority is hereby
established as a public body corporate and politic, with perpetual
corporate succession, constituting an agency of the state of Washington
exercising essential governmental functions. The authority is a
"public body" within the meaning of RCW 39.53.010.
(2) The authority shall consist of ((seven)) six members as
follows: The governor, lieutenant governor, ((executive director of
the higher education coordinating board,)) and four public members, one
of whom shall be the president of a higher education institution at the
time of appointment. The public members shall be residents of the
state and appointed by the governor, subject to confirmation by the
senate, on the basis of their interest or expertise in the provision of
higher education and the financing of higher education. The public
members of the authority shall serve for terms of four years. The
initial terms of the public members shall be staggered in a manner
determined by the governor. In the event of a vacancy on the authority
due to death, resignation, or removal of one of the public members, and
upon the expiration of the term of any public member, the governor
shall appoint a successor for a term expiring on the fourth anniversary
of the successor's date of the appointment. If any of the state
offices are abolished, the resulting vacancy on the authority shall be
filled by the state officer who shall succeed substantially to the
power and duties of the abolished office. Any public member of the
authority may be removed by the governor for misfeasance, malfeasance,
((wilful)) willful neglect of duty, or any other cause after notice and
a public hearing, unless such notice and hearing shall be expressly
waived in writing.
(3) The governor shall serve as chairperson of the authority. The
authority shall elect annually one of its members as secretary. If the
governor shall be absent from a meeting of the authority, the secretary
shall preside. However, the governor may designate an employee of the
governor's office to act on the governor's behalf in all other respects
during the absence of the governor at any meeting of the authority. If
the designation is in writing and is presented to the person presiding
at the meetings of the authority who is included in the designation,
the vote of the designee has the same effect as if cast by the
governor.
(4) Any person designated by resolution of the authority shall keep
a record of the proceedings of the authority and shall be the custodian
of all books, documents, and papers filed with the authority, the
minute book or a journal of the authority, and the authority's official
seal, if any. The person may cause copies to be made of all minutes
and other records and documents of the authority, and may give
certificates to the effect that such copies are true copies. All
persons dealing with the authority may rely upon the certificates.
(5) Four members of the authority constitute a quorum. Members
participating in a meeting through the use of any means of
communication by which all members participating can hear each other
during the meeting shall be deemed to be present in person at the
meeting for all purposes. The authority may act on the basis of a
motion except when authorizing the issuance and sale of bonds, in which
case the authority shall act by resolution. Bond resolutions and other
resolutions shall be adopted upon the affirmative vote of four members
of the authority, and shall be signed by those members voting yes.
Motions shall be adopted upon the affirmative vote of a majority of a
quorum of members present at any meeting of the authority. All actions
taken by the authority shall take effect immediately without need for
publication or other public notice. A vacancy in the membership of the
authority does not impair the power of the authority to act under this
chapter.
(6) The members of the authority shall be compensated in accordance
with RCW 43.03.240 and shall be entitled to reimbursement, solely from
the funds of the authority, for travel expenses as determined by the
authority incurred in the discharge of their duties under this chapter.
Sec. 137 RCW 28B.10.786 and 1993 sp.s. c 15 s 7 are each amended
to read as follows:
It is the policy of the state of Washington that financial need not
be a barrier to participation in higher education. It is also the
policy of the state of Washington that the essential requirements level
budget calculation include funding for state student financial aid
programs. The calculation should, at a minimum, include a funding
level equal to the amount provided in the second year of the previous
biennium in the omnibus appropriations act, adjusted for the percentage
of needy resident students, by educational sector, likely to be
included in any enrollment increases necessary to maintain, by
educational sector, the participation rate funded in the 1993 fiscal
year. The calculation should also be adjusted to reflect, by
educational sector, any increases in cost of attendance. The cost of
attendance figures should be calculated by the ((higher education
coordinating board and provided to the)) office of financial management
and provided to the appropriate legislative committees by June 30th of
each even-numbered year.
Sec. 138 RCW 28B.10.790 and 2004 c 275 s 44 are each amended to
read as follows:
Washington residents attending any nonprofit college or university
in another state which has a reciprocity agreement with the state of
Washington shall be eligible for the student financial aid program
outlined in chapter 28B.92 RCW if (1) they qualify as a "needy student"
under RCW 28B.92.030(((3))) (5), and (2) the institution attended is a
member institution of an accrediting association recognized by rule of
the ((higher education coordinating board)) office of student financial
assistance for the purposes of this section and is specifically
encompassed within or directly affected by such reciprocity agreement
and agrees to and complies with program rules and regulations
pertaining to such students and institutions adopted pursuant to RCW
28B.92.150.
Sec. 139 RCW 28B.10.792 and 1985 c 370 s 55 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall develop guidelines for determining the
conditions under which an institution can be determined to be directly
affected by a reciprocity agreement for the purposes of RCW 28B.10.790:
PROVIDED, That no institution shall be determined to be directly
affected unless students from the county in which the institution is
located are provided, pursuant to a reciprocity agreement, access to
Washington institutions at resident tuition and fee rates to the extent
authorized by Washington law.
Sec. 140 RCW 28B.10.840 and 1985 c 370 s 57 are each amended to
read as follows:
The term "institution of higher education" whenever used in RCW
28B.10.840 through 28B.10.844, shall be held and construed to mean any
public institution of higher education in Washington. The term
"educational board" whenever used in RCW 28B.10.840 through 28B.10.844,
shall be held and construed to mean the state board for community and
technical colleges ((education and the higher education coordinating
board)).
Sec. 141 RCW 28B.12.030 and 2002 c 187 s 2 are each amended to
read as follows:
As used in this chapter, the following words and terms shall have
the following meanings, unless the context shall clearly indicate
another or different meaning or intent:
(1) The term "needy student" shall mean a student enrolled or
accepted for enrollment at a ((post-secondary)) postsecondary
institution who, according to a system of need analysis approved by the
((higher education coordinating board)) office of student financial
assistance, demonstrates a financial inability, either parental,
familial, or personal, to bear the total cost of education for any
semester or quarter.
(2) The term "eligible institution" shall mean any ((post-secondary)) postsecondary institution in this state accredited by the
Northwest Association of Schools and Colleges, or a branch of a member
institution of an accrediting association recognized by rule of the
((board)) council for higher education for purposes of this section,
that is eligible for federal student financial aid assistance and has
operated as a nonprofit college or university delivering on-site
classroom instruction for a minimum of twenty consecutive years within
the state of Washington, or any public technical college in the state.
Sec. 142 RCW 28B.12.040 and 2009 c 560 s 21 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall develop and administer the state work-study
program. The board shall be authorized to enter into agreements with
employers and eligible institutions for the operation of the program.
These agreements shall include such provisions as the ((higher
education coordinating board)) office may deem necessary or appropriate
to carry out the purposes of this chapter.
With the exception of off-campus community service placements, the
share from moneys disbursed under the state work-study program of the
compensation of students employed under such program in accordance with
such agreements shall not exceed eighty percent of the total such
compensation paid such students.
By rule, the ((board)) office shall define community service
placements and may determine any salary matching requirements for any
community service employers.
Sec. 143 RCW 28B.12.050 and 1994 c 130 s 5 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall disburse state work-study funds. In
performing its duties under this section, the ((board)) office shall
consult eligible institutions and ((post-secondary)) postsecondary
education advisory and governing bodies. The ((board)) office shall
establish criteria designed to achieve such distribution of assistance
under this chapter among students attending eligible institutions as
will most effectively carry out the purposes of this chapter.
Sec. 144 RCW 28B.12.055 and 2009 c 215 s 12 are each amended to
read as follows:
(1) Within existing resources, the ((higher education coordinating
board)) office of student financial assistance shall establish the
work-study opportunity grant for high-demand occupations, a competitive
grant program to encourage job placements in high-demand fields. The
((board)) office shall award grants to eligible institutions of higher
education that have developed a partnership with a proximate
organization willing to host work-study placements. Partner
organizations may be nonprofit organizations, for-profit firms, or
public agencies. Eligible institutions of higher education must verify
that all job placements will last for a minimum of one academic quarter
or one academic semester, depending on the system used by the eligible
institution of higher education.
(2) The ((board)) office may adopt rules to identify high-demand
fields for purposes of this section. The legislature recognizes that
the high-demand fields identified by the ((board)) office may differ in
different regions of the state.
(3) The ((board)) office may award grants to eligible institutions
of higher education that cover both student wages and program
administration.
(4) The ((board)) office shall develop performance benchmarks
regarding program success including, but not limited to, the number of
students served, the amount of employer contributions, and the number
of participating high-demand employers.
Sec. 145 RCW 28B.12.060 and 2009 c 172 s 1 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall adopt rules as may be necessary or
appropriate for effecting the provisions of this chapter, and not in
conflict with this chapter, in accordance with the provisions of
chapter 34.05 RCW, the ((state higher education)) administrative
procedure act. Such rules shall include provisions designed to make
employment under the work-study program reasonably available, to the
extent of available funds, to all eligible needy students in eligible
postsecondary institutions. The rules shall include:
(1) Providing work under the state work-study program that will not
result in the displacement of employed workers or impair existing
contracts for services;
(2) Furnishing work only to a student who:
(a) Is capable, in the opinion of the eligible institution, of
maintaining good standing in such course of study while employed under
the program covered by the agreement; and
(b) Has been accepted for enrollment as at least a half-time
student at the eligible institution or, in the case of a student
already enrolled in and attending the eligible institution, is in good
standing and in at least half-time attendance there either as an
undergraduate, graduate or professional student; and
(c) Is not pursuing a degree in theology;
(3) Placing priority on providing:
(a) Work opportunities for students who are residents of the state
of Washington as defined in RCW 28B.15.012 and 28B.15.013, particularly
former foster youth as defined in RCW 28B.92.060;
(b) Job placements in fields related to each student's academic or
vocational pursuits, with an emphasis on off-campus job placements
whenever appropriate; and
(c) Off-campus community service placements;
(4) To the extent practicable, limiting the proportion of state
subsidy expended upon nonresident students to fifteen percent, or such
less amount as specified in the biennial appropriations act;
(5) Provisions to assure that in the state institutions of higher
education, utilization of this work-study program:
(a) Shall only supplement and not supplant classified positions
under jurisdiction of chapter 41.06 RCW;
(b) That all positions established which are comparable shall be
identified to a job classification under the director of personnel's
classification plan and shall receive equal compensation;
(c) Shall not take place in any manner that would replace
classified positions reduced due to lack of funds or work; and
(d) That work study positions shall only be established at entry
level positions of the classified service unless the overall scope and
responsibilities of the position indicate a higher level; and
(6) Provisions to encourage job placements in high employer demand
occupations that meet Washington's economic development goals,
including those in international trade and international relations.
The ((board)) office shall permit appropriate job placements in other
states and other countries.
Sec. 146 RCW 28B.12.070 and 1994 c 130 s 7 are each amended to
read as follows:
Each eligible institution shall submit to the ((higher education
coordinating board)) office of student financial assistance an annual
report in accordance with such requirements as are adopted by the
board.
Sec. 147 RCW 28B.15.012 and 2010 c 183 s 1 are each amended to
read as follows:
Whenever used in this chapter:
(1) The term "institution" shall mean a public university, college,
or community college within the state of Washington.
(2) The term "resident student" shall mean:
(a) A financially independent student who has had a domicile in the
state of Washington for the period of one year immediately prior to the
time of commencement of the first day of the semester or quarter for
which the student has registered at any institution and has in fact
established a bona fide domicile in this state primarily for purposes
other than educational;
(b) A dependent student, if one or both of the student's parents or
legal guardians have maintained a bona fide domicile in the state of
Washington for at least one year immediately prior to commencement of
the semester or quarter for which the student has registered at any
institution;
(c) A student classified as a resident based upon domicile by an
institution on or before May 31, 1982, who was enrolled at a state
institution during any term of the 1982-1983 academic year, so long as
such student's enrollment (excepting summer sessions) at an institution
in this state is continuous;
(d) Any student who has spent at least seventy-five percent of both
his or her junior and senior years in high schools in this state, whose
parents or legal guardians have been domiciled in the state for a
period of at least one year within the five-year period before the
student graduates from high school, and who enrolls in a public
institution of higher education within six months of leaving high
school, for as long as the student remains continuously enrolled for
three quarters or two semesters in any calendar year;
(e) Any person who has completed the full senior year of high
school and obtained a high school diploma, both at a Washington public
high school or private high school approved under chapter 28A.195 RCW,
or a person who has received the equivalent of a diploma; who has lived
in Washington for at least three years immediately prior to receiving
the diploma or its equivalent; who has continuously lived in the state
of Washington after receiving the diploma or its equivalent and until
such time as the individual is admitted to an institution of higher
education under subsection (1) of this section; and who provides to the
institution an affidavit indicating that the individual will file an
application to become a permanent resident at the earliest opportunity
the individual is eligible to do so and a willingness to engage in any
other activities necessary to acquire citizenship, including but not
limited to citizenship or civics review courses;
(f) Any person who has lived in Washington, primarily for purposes
other than educational, for at least one year immediately before the
date on which the person has enrolled in an institution, and who holds
lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii),
(H)(i), or (L), or who holds lawful nonimmigrant status as the spouse
or child of a person having nonimmigrant status under one of those
subsections, or who, holding or having previously held such lawful
nonimmigrant status as a principal or derivative, has filed an
application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);
(g) A student who is on active military duty stationed in the state
or who is a member of the Washington national guard;
(h) A student who is the spouse or a dependent of a person who is
on active military duty stationed in the state. If the person on
active military duty is reassigned out-of-state, the student maintains
the status as a resident student so long as the student is continuously
enrolled in a degree program;
(i) A student who resides in the state of Washington and is the
spouse or a dependent of a person who is a member of the Washington
national guard;
(j) A student of an out-of-state institution of higher education
who is attending a Washington state institution of higher education
pursuant to a home tuition agreement as described in RCW 28B.15.725;
(k) A student who meets the requirements of RCW 28B.15.0131:
PROVIDED, That a nonresident student enrolled for more than six hours
per semester or quarter shall be considered as attending for primarily
educational purposes, and for tuition and fee paying purposes only such
period of enrollment shall not be counted toward the establishment of
a bona fide domicile of one year in this state unless such student
proves that the student has in fact established a bona fide domicile in
this state primarily for purposes other than educational;
(l) A student who resides in Washington and is on active military
duty stationed in the Oregon counties of Columbia, Gilliam, Hood River,
Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union,
Wallowa, Wasco, or Washington; or
(m) A student who resides in Washington and is the spouse or a
dependent of a person who resides in Washington and is on active
military duty stationed in the Oregon counties of Columbia, Gilliam,
Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
Union, Wallowa, Wasco, or Washington. If the person on active military
duty moves from Washington or is reassigned out of the Oregon counties
of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas,
Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington, the
student maintains the status as a resident student so long as the
student resides in Washington and is continuously enrolled in a degree
program.
(3) The term "nonresident student" shall mean any student who does
not qualify as a "resident student" under the provisions of this
section and RCW 28B.15.013. Except for students qualifying under
subsection (2)(e) or (j) of this section, a nonresident student shall
include:
(a) A student attending an institution with the aid of financial
assistance provided by another state or governmental unit or agency
thereof, such nonresidency continuing for one year after the completion
of such semester or quarter.
(b) A person who is not a citizen of the United States of America
who does not have permanent or temporary resident status or does not
hold "Refugee-Parolee" or "Conditional Entrant" status with the United
States ((citizen and)) citizenship immigration services or is not
otherwise permanently residing in the United States under color of law
and who does not also meet and comply with all the applicable
requirements in this section and RCW 28B.15.013.
(4) The term "domicile" shall denote a person's true, fixed and
permanent home and place of habitation. It is the place where the
student intends to remain, and to which the student expects to return
when the student leaves without intending to establish a new domicile
elsewhere. The burden of proof that a student, parent or guardian has
established a domicile in the state of Washington primarily for
purposes other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not financially
independent. Factors to be considered in determining whether a person
is financially independent shall be set forth in rules ((and
regulations)) adopted by the ((higher education coordinating board))
office of student financial assistance and shall include, but not be
limited to, the state and federal income tax returns of the person
and/or the student's parents or legal guardian filed for the calendar
year prior to the year in which application is made and such other
evidence as the board may require.
(6) The term "active military duty" means the person is serving on
active duty in:
(a) The armed forces of the United States government; or
(b) The Washington national guard; or
(c) The coast guard, merchant mariners, or other nonmilitary
organization when such service is recognized by the United States
government as equivalent to service in the armed forces.
Sec. 148 RCW 28B.15.013 and 1989 c 175 s 79 are each amended to
read as follows:
(1) The establishment of a new domicile in the state of Washington
by a person formerly domiciled in another state has occurred if such
person is physically present in Washington primarily for purposes other
than educational and can show satisfactory proof that such person is
without a present intention to return to such other state or to acquire
a domicile at some other place outside of Washington.
(2) Unless proven to the contrary it shall be presumed that:
(a) The domicile of any person shall be determined according to the
individual's situation and circumstances rather than by marital status
or sex.
(b) A person does not lose a domicile in the state of Washington by
reason of residency in any state or country while a member of the civil
or military service of this state or of the United States, nor while
engaged in the navigation of the waters of this state or of the United
States or of the high seas if that person returns to the state of
Washington within one year of discharge from said service with the
intent to be domiciled in the state of Washington; any resident
dependent student who remains in this state when such student's
parents, having theretofore been domiciled in this state for a period
of one year immediately prior to the time of commencement of the first
day of the semester or quarter for which the student has registered at
any institution, remove from this state, shall be entitled to continued
classification as a resident student so long as such student's
attendance (except summer sessions) at an institution in this state is
continuous.
(3) To aid the institution in deciding whether a student, parent,
legally appointed guardian or the person having legal custody of a
student is domiciled in the state of Washington primarily for purposes
other than educational, the rules and regulations adopted by the
((higher education coordinating board)) office of student financial
assistance shall include but not be limited to the following:
(a) Registration or payment of Washington taxes or fees on a motor
vehicle, mobile home, travel trailer, boat, or any other item of
personal property owned or used by the person for which state
registration or the payment of a state tax or fee is required will be
a factor in considering evidence of the establishment of a Washington
domicile.
(b) Permanent full time employment in Washington by a person will
be a factor in considering the establishment of a Washington domicile.
(c) Registration to vote for state officials in Washington will be
a factor in considering the establishment of a Washington domicile.
(4) After a student has registered at an institution such student's
classification shall remain unchanged in the absence of satisfactory
evidence to the contrary. A student wishing to apply for a change in
classification shall reduce such evidence to writing and file it with
the institution. In any case involving an application for a change
from nonresident to resident status, the burden of proof shall rest
with the applicant. Any change in classification, either nonresident
to resident, or the reverse, shall be based upon written evidence
maintained in the files of the institution and, if approved, shall take
effect the semester or quarter such evidence was filed with the
institution: PROVIDED, That applications for a change in
classification shall be accepted up to the thirtieth calendar day
following the first day of instruction of the quarter or semester for
which application is made.
Sec. 149 RCW 28B.15.015 and 1985 c 370 s 64 are each amended to
read as follows:
The ((higher education coordinating board, upon consideration of
advice from representatives of the)) state's institutions, with the
advice of the attorney general, shall adopt rules and regulations to be
used by the state's institutions for determining a student's resident
and nonresident status and for recovery of fees for improper
classification of residency.
Sec. 150 RCW 28B.15.100 and 2011 c 274 s 5 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. For the governing boards of the
state universities, the regional universities, and The Evergreen State
College, 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, 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)) office of student financial assistance 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.
Sec. 151 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, and the community colleges shall waive tuition
and service and activities fees for students named by the ((higher
education coordinating board)) office of student financial assistance
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)) office of student financial assistance
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))
office of student financial assistance 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. 152 RCW 28B.15.732 and 1985 c 370 s 70 are each amended to
read as follows:
Prior to January 1st of each odd-numbered year the ((higher
education coordinating board, in cooperation with the state board for
community college education, and)) office of student financial
assistance, in consultation with appropriate agencies and officials in
the state of Oregon, shall determine for the purposes of RCW 28B.15.730
the number of students for whom nonresident tuition and fees have been
waived for the first academic year of the biennium and the fall term of
the second academic year, and make an estimate of the number of such
students for the remainder of the second academic year, and the
difference between the aggregate amount of tuition and fees that would
have been paid to the respective states by residents of the other state
had such waivers not been made, and the aggregate amount of tuition and
fees paid by residents of the other state. Should the ((board)) office
of student financial assistance determine that the state of Oregon has
experienced a greater net tuition and fee revenue loss than
institutions in Washington, it shall pay from funds appropriated for
this purpose to the appropriate agency or institutions in Oregon an
amount determined by subtracting the net tuition and fee revenue loss
of Washington from the net tuition and fee revenue loss of Oregon,
minus twenty-five thousand dollars for each year of the biennium:
PROVIDED, That appropriate officials in the state of Oregon agree to
make similar restitution to the state of Washington should the net
tuition and fee revenue loss in Washington be greater than that in
Oregon.
Sec. 153 RCW 28B.15.752 and 1985 c 370 s 74 are each amended to
read as follows:
Prior to January 1st of each odd-numbered year, the ((higher
education coordinating board, in cooperation with the state board for
community college education and)) office of student financial
assistance in consultation with appropriate agencies and officials in
the state of Idaho, shall determine for the purposes of RCW 28B.15.750
the number of students for whom nonresident tuition and fees have been
waived for the first academic year of the biennium and the fall term of
the second academic year, and make an estimate of the number of such
students for the remainder of the second academic year, and the
difference between the aggregate amount of tuition and fees that would
have been paid to the respective states by residents of the other state
had such waivers not been made, and the aggregate amount of tuition and
fees paid by residents of the other state. Should the ((board)) office
of student financial assistance determine that the state of Idaho has
experienced a greater net tuition and fee revenue loss than
institutions in Washington, it shall pay from funds appropriated for
this purpose to the appropriate agency or institution in Idaho an
amount determined by subtracting the net tuition and fee revenue loss
of Washington from the net tuition and fee revenue loss of Idaho, minus
twenty-five thousand dollars for each year of the biennium if the
appropriate officials in the state of Idaho agree to make similar
restitution to the state of Washington should the net tuition and fee
revenue loss in Washington be greater than that in Idaho.
Sec. 154 RCW 28B.15.760 and 2004 c 275 s 65 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 28B.15.762 and 28B.15.764.
(1) "Institution of higher education" or "institution" means a
college or university in the state of Washington which is a member
institution of an accrediting association recognized as such by rule of
the higher education coordinating board.
(2) "Board" means the higher education coordinating board.
(3) "Eligible student" means a student registered for at least ten
credit hours or the equivalent and demonstrates achievement of a 3.00
grade point average for each academic year, who is a resident student
as defined by RCW 28B.15.012 through 28B.15.015, who is a "needy
student" as defined in RCW 28B.92.030, and who has a declared major in
a program leading to a degree in teacher education in a field of
science or mathematics, or a certificated teacher who meets the same
credit hour and "needy student" requirements and is seeking an
additional degree in science or mathematics.
(4) "Public school" means a middle school, junior high school, or
high school within the public school system referred to in Article IX
of the state Constitution.
(5) "Forgiven" or "to forgive" means to collect service as a
teacher in a field of science or mathematics at a public school in the
state of Washington in lieu of monetary payment.
(6) "Satisfied" means paid-in-full.
(7) "Borrower" means an eligible student who has received a loan
under RCW 28B.15.762.
(8) "Office" means the office of student financial assistance.
Sec. 155 RCW 28B.15.762 and 1996 c 107 s 2 are each amended to
read as follows:
(1) The ((board)) office may make long-term loans to eligible
students at institutions of higher education from the funds
appropriated to the ((board)) office for this purpose. The amount of
any such loan shall not exceed the demonstrated financial need of the
student or two thousand five hundred dollars for each academic year
whichever is less, and the total amount of such loans to an eligible
student shall not exceed ten thousand dollars. The interest rates and
terms of deferral of such loans shall be consistent with the terms of
the guaranteed loan program established by 20 U.S.C. Sec. 1701 et seq.
The period for repaying the loan principal and interest shall be ten
years with payments accruing quarterly commencing nine months from the
date the borrower graduated. The entire principal and interest of each
loan payment shall be forgiven for each payment period in which the
borrower teaches science or mathematics in a public school in this
state until the entire loan is satisfied or the borrower ceases to
teach science or mathematics at a public school in this state. Should
the borrower cease to teach science or mathematics at a public school
in this state before the time in which the principal and interest on
the loan are satisfied, payments on the unsatisfied portion of the
principal and interest on the loan shall begin the next payment period
and continue until the remainder of the loan is paid.
(2) The ((board)) office is responsible for collection of loans
made under subsection (1) of this section and shall exercise due
diligence in such collection, maintaining all necessary records to
insure that maximum repayments are made. Collection and servicing of
loans under subsection (1) of this section shall be pursued using the
full extent of the law, including wage garnishment if necessary, and
shall be performed by entities approved for such servicing by the
Washington student loan guaranty association or its successor agency.
The board is responsible to forgive all or parts of such loans under
the criteria established in subsection (1) of this section and shall
maintain all necessary records of forgiven payments.
(3) Receipts from the payment of principal or interest or any other
subsidies to which the board as lender is entitled, which are paid by
or on behalf of borrowers under subsection (1) of this section, shall
be deposited with the ((higher education coordinating board)) office
and shall be used to cover the costs of making the loans under
subsection (1) of this section, maintaining necessary records, and
making collections under subsection (2) of this section. The ((board))
office shall maintain accurate records of these costs, and all receipts
beyond those necessary to pay such costs shall be used to make loans to
eligible students.
(4) Any funds not used to make loans, or to cover the cost of
making loans or making collections, shall be placed in the state
educational trust fund for needy or disadvantaged students.
(5) The ((board)) office shall adopt necessary rules to implement
this section.
Sec. 156 RCW 28B.50.272 and 2007 c 277 s 102 are each amended to
read as follows:
(1) To be eligible for participation in the opportunity grant
program established in RCW 28B.50.271, a student must:
(a) Be a Washington resident student as defined in RCW 28B.15.012
enrolled in an opportunity grant-eligible program of study;
(b) Have a family income that is at or below two hundred percent of
the federal poverty level using the most current guidelines available
from the United States department of health and human services, and be
determined to have financial need based on the free application for
federal student aid; and
(c) Meet such additional selection criteria as the college board
shall establish in order to operate the program within appropriated
funding levels.
(2) Upon enrolling, the student must provide evidence of commitment
to complete the program. The student must make satisfactory progress
and maintain a cumulative 2.0 grade point average for continued
eligibility. If a student's cumulative grade point average falls below
2.0, the student may petition the institution of higher education of
attendance. The qualified institution of higher education has the
authority to establish a probationary period until such time as the
student's grade point average reaches required standards.
(3) Subject to funds appropriated for this specific purpose, public
qualified institutions of higher education shall receive an enhancement
of one thousand five hundred dollars for each full-time equivalent
student enrolled in the opportunity grant program whose income is below
two hundred percent of the federal poverty level. The funds shall be
used for individualized support services which may include, but are not
limited to, college and career advising, tutoring, emergency child
care, and emergency transportation. The qualified institution of
higher education is expected to help students access all financial
resources and support services available to them through alternative
sources.
(4) The college board shall be accountable for student retention
and completion of opportunity grant-eligible programs of study. It
shall set annual performance measures and targets and monitor the
performance at all qualified institutions of higher education. The
college board must reduce funding at institutions of higher education
that do not meet targets for two consecutive years, based on criteria
developed by the college board.
(5) The college board and ((higher education coordinating board))
office of student financial assistance shall work together to ensure
that students participating in the opportunity grant program are
informed of all other state and federal financial aid to which they may
be entitled while receiving an opportunity grant.
(6) The college board and ((higher education coordinating board))
office of student financial assistance shall document the amount of
opportunity grant assistance and the types and amounts of other sources
of financial aid received by participating students. Annually, they
shall produce a summary of the data.
(7) The college board shall:
(a) Begin developing the program no later than August 1, 2007, with
student enrollment to begin no later than January 14, 2008; and
(b) Submit a progress report to the legislature by December 1,
2008.
(8) The college board may, in implementing the opportunity grant
program, accept, use, and expend or dispose of contributions of money,
services, and property. All such moneys received by the college board
for the program must be deposited in an account at a depository
approved by the state treasurer. Only the college board or a duly
authorized representative thereof may authorize expenditures from this
account. In order to maintain an effective expenditure and revenue
control, the account is subject in all respects to chapter 43.88 RCW,
but no appropriation is required to permit expenditure of moneys in the
account.
Sec. 157 RCW 28B.92.020 and 2003 c 19 s 11 are each amended to
read as follows:
(1) The legislature finds that the ((higher education coordinating
board, in consultation with the)) higher education community, has
completed a review of the state need grant program. It is the intent
of the legislature to endorse the ((board's)) proposed changes to the
state need grant program, including:
(a) Reaffirmation that the primary purpose of the state need grant
program is to assist low-income, needy, and disadvantaged Washington
residents attending institutions of higher education;
(b) A goal that the base state need grant amount over time be
increased to be equivalent to the rate of tuition charged to resident
undergraduate students attending Washington state public colleges and
universities;
(c) State need grant recipients be required to contribute a portion
of the total cost of their education through self-help;
(d) State need grant recipients be required to document their need
for dependent care assistance after taking into account other public
funds provided for like purposes; and
(e) Institutional aid administrators be allowed to determine
whether a student eligible for a state need grant in a given academic
year may remain eligible for the ensuing year if the student's family
income increases by no more than a marginal amount except for funds
provided through the educational assistance grant program for students
with dependents.
(2) The legislature further finds that the ((higher education
coordinating board, under its authority to implement the proposed))
changes in subsection (1) of this section, should do so in a timely
manner.
(3) The legislature also finds that:
(a) In most circumstances, need grant eligibility should not extend
beyond five years or one hundred twenty-five percent of the published
length of the program in which the student is enrolled or the credit or
clock-hour equivalent; and
(b) State financial aid programs should continue to adhere to the
principle that funding follows resident students to their choice of
institution of higher education.
Sec. 158 RCW 28B.92.030 and 2009 c 238 s 7 and 2009 c 215 s 5 are
each reenacted and amended to read as follows:
As used in this chapter:
(1) (("Board" means the higher education coordinating board.)) "Disadvantaged student" means a ((
(2)post high)) posthigh school
student who by reason of adverse cultural, educational, environmental,
experiential, familial or other circumstances is unable to qualify for
enrollment as a full-time student in an institution of higher
education, who would otherwise qualify as a needy student, and who is
attending an institution of higher education under an established
program designed to qualify the student for enrollment as a full-time
student.
(((3))) (2) "Financial aid" means loans and/or grants to needy
students enrolled or accepted for enrollment as a student at
institutions of higher education.
(((4))) (3) "Institution" or "institutions of higher education"
means:
(a) Any public university, college, community college, or technical
college operated by the state of Washington or any political
subdivision thereof; or
(b) Any other university, college, school, or institute in the
state of Washington offering instruction beyond the high school level
which is a member institution of an accrediting association recognized
by rule of the board for the purposes of this section: PROVIDED, That
any institution, branch, extension or facility operating within the
state of Washington which is affiliated with an institution operating
in another state must be a separately accredited member institution of
any such accrediting association, or a branch of a member institution
of an accrediting association recognized by rule of the board for
purposes of this section, that is eligible for federal student
financial aid assistance and has operated as a nonprofit college or
university delivering on-site classroom instruction for a minimum of
twenty consecutive years within the state of Washington, and has an
annual enrollment of at least seven hundred full-time equivalent
students: PROVIDED FURTHER, That no institution of higher education
shall be eligible to participate in a student financial aid program
unless it agrees to and complies with program rules and regulations
adopted pursuant to RCW 28B.92.150.
(((5))) (4) "Needy student" means a ((post high)) posthigh school
student of an institution of higher education who demonstrates to the
board the financial inability, either through the student's parents,
family and/or personally, to meet the total cost of board, room, books,
and tuition and incidental fees for any semester or quarter. "Needy
student" also means an opportunity internship graduate as defined by
RCW 28C.18.162 who enrolls in a postsecondary program of study as
defined in RCW 28C.18.162 within one year of high school graduation.
(5) "Office" means the office of student financial assistance.
(6) "Placebound student" means a student who (a) is unable to
complete a college program because of family or employment commitments,
health concerns, monetary inability, or other similar factors; and (b)
may be influenced by the receipt of an enhanced student financial aid
award to complete a baccalaureate degree at an eligible institution.
Sec. 159 RCW 28B.92.040 and 2004 c 275 s 36 are each amended to
read as follows:
The ((board)) office shall be cognizant of the following guidelines
in the performance of its duties:
(1) The ((board)) office shall be research oriented, not only at
its inception but continually through its existence.
(2) The ((board)) office shall coordinate all existing programs of
financial aid except those specifically dedicated to a particular
institution by the donor.
(3) The ((board)) office shall take the initiative and
responsibility for coordinating all federal student financial aid
programs to ensure that the state recognizes the maximum potential
effect of these programs, and shall design state programs that
complement existing federal, state, and institutional programs. The
((board)) office shall ensure that state programs continue to follow
the principle that state financial aid funding follows the student to
the student's choice of institution of higher education.
(4) Counseling is a paramount function of the state need grant and
other state student financial aid programs, and in most cases could
only be properly implemented at the institutional levels; therefore,
state student financial aid programs shall be concerned with the
attainment of those goals which, in the judgment of the ((board))
office, are the reasons for the existence of a student financial aid
program, and not solely with administration of the program on an
individual basis.
(5) The "package" approach of combining loans, grants and
employment for student financial aid shall be the conceptual element of
the state's involvement.
(6) The ((board)) office shall ensure that allocations of state
appropriations for financial aid are made to individuals and
institutions in a timely manner and shall closely monitor expenditures
to avoid under or overexpenditure of appropriated funds.
Sec. 160 RCW 28B.92.050 and 1999 c 345 s 4 are each amended to
read as follows:
The ((board)) office shall have the following powers and duties:
(1) Conduct a full analysis of student financial aid as a means of:
(a) Fulfilling educational aspirations of students of the state of
Washington, and
(b) Improving the general, social, cultural, and economic character
of the state.
Such an analysis will be a continuous one and will yield current
information relevant to needed improvements in the state program of
student financial aid. The ((board)) office will disseminate the
information yielded by their analyses to all appropriate individuals
and agents.
(2) Design a state program of student financial aid based on the
data of the study referred to in this section. The state programs will
supplement available federal and local aid programs. The state
programs of student financial aid will not exceed the difference
between the budgetary costs of attending an institution of higher
education and the student's total resources, including family support,
personal savings, employment, and federal, state, and local aid
programs.
(3) Determine and establish criteria for financial need of the
individual applicant based upon the consideration of that particular
applicant. In making this determination the ((board)) office shall
consider the following:
(a) Assets and income of the student.
(b) Assets and income of the parents, or the individuals legally
responsible for the care and maintenance of the student.
(c) The cost of attending the institution the student is attending
or planning to attend.
(d) Any other criteria deemed relevant to the ((board)) office.
(4) Set the amount of financial aid to be awarded to any individual
needy or disadvantaged student in any school year.
(5) Award financial aid to needy or disadvantaged students for a
school year based upon only that amount necessary to fill the financial
gap between the budgetary cost of attending an institution of higher
education and the family and student contribution.
(6) Review the need and eligibility of all applications on an
annual basis and adjust financial aid to reflect changes in the
financial need of the recipients and the cost of attending the
institution of higher education.
Sec. 161 RCW 28B.92.060 and 2009 c 215 s 4 are each amended to
read as follows:
In awarding need grants, the ((board)) office shall proceed
substantially as follows: PROVIDED, That nothing contained herein
shall be construed to prevent the ((board)) office, in the exercise of
its sound discretion, from following another procedure when the best
interest of the program so dictates:
(1) The ((board)) office shall annually select the financial aid
award recipients from among Washington residents applying for student
financial aid who have been ranked according to:
(a) Financial need as determined by the amount of the family
contribution; and
(b) Other considerations, such as whether the student is a former
foster youth, or is a placebound student who has completed an associate
of arts or associate of science degree or its equivalent.
(2) The financial need of the highest ranked students shall be met
by grants depending upon the evaluation of financial need until the
total allocation has been disbursed. Funds from grants which are
declined, forfeited or otherwise unused shall be reawarded until
disbursed, except that eligible former foster youth shall be assured
receipt of a grant.
(3) A student shall be eligible to receive a state need grant for
up to five years, or the credit or clock hour equivalent of five years,
or up to one hundred twenty-five percent of the published length of
time of the student's program. A student may not start a new associate
degree program as a state need grant recipient until at least five
years have elapsed since earning an associate degree as a need grant
recipient, except that a student may earn two associate degrees
concurrently. Qualifications for renewal will include maintaining
satisfactory academic progress toward completion of an eligible program
as determined by the ((board)) office. Should the recipient terminate
his or her enrollment for any reason during the academic year, the
unused portion of the grant shall be returned to the state educational
grant fund by the institution according to the institution's own policy
for issuing refunds, except as provided in RCW 28B.92.070.
(4) In computing financial need, the ((board)) office shall
determine a maximum student expense budget allowance, not to exceed an
amount equal to the total maximum student expense budget at the public
institutions plus the current average state appropriation per student
for operating expense in the public institutions. Any child support
payments received by students who are parents attending less than half-time shall not be used in computing financial need.
(5)(a) A student who is enrolled in three to six credit-bearing
quarter credits, or the equivalent semester credits, may receive a
grant for up to one academic year before beginning a program that leads
to a degree or certificate.
(b) An eligible student enrolled on a less-than-full-time basis
shall receive a prorated portion of his or her state need grant for any
academic period in which he or she is enrolled on a less-than-full-time
basis, as long as funds are available.
(c) An institution of higher education may award a state need grant
to an eligible student enrolled in three to six credit-bearing quarter
credits, or the semester equivalent, on a provisional basis if:
(i) The student has not previously received a state need grant from
that institution;
(ii) The student completes the required free application for
federal student aid;
(iii) The institution has reviewed the student's financial
condition, and the financial condition of the student's family if the
student is a dependent student, and has determined that the student is
likely eligible for a state need grant; and
(iv) The student has signed a document attesting to the fact that
the financial information provided on the free application for federal
student aid and any additional financial information provided directly
to the institution is accurate and complete, and that the student
agrees to repay the institution for the grant amount if the student
submitted false or incomplete information.
(6) As used in this section, "former foster youth" means a person
who is at least eighteen years of age, but not more than twenty-four
years of age, who was a dependent of the department of social and
health services at the time he or she attained the age of eighteen.
Sec. 162 RCW 28B.92.084 and 2009 c 238 s 8 are each amended to
read as follows:
(1) The ((board)) office shall work with institutions of higher
education to assure that the institutions are aware of the eligibility
of opportunity internship graduates for an award under this chapter.
(2) If an opportunity internship graduate enrolls within one year
of high school graduation in a postsecondary program of study in an
institution of higher education, including in an apprenticeship program
with related and supplemental instruction provided through an
institution of higher education, the graduate is eligible to receive a
state need grant for up to one year. The graduate shall not be
required to be enrolled on at least a half-time basis. The related and
supplemental instruction provided to a graduate through an
apprenticeship program shall not be required to lead to a degree or
certificate.
(3) Except for the eligibility criteria for an opportunity
internship graduate that are provided under this section, other rules
pertaining to award of a state need grant apply.
(4) Nothing in this section precludes an opportunity internship
graduate from being eligible to receive additional state need grants
after the one-year grant provided in this section if the graduate meets
other criteria as a needy or disadvantaged student.
Sec. 163 RCW 28B.92.120 and 2004 c 275 s 41 are each amended to
read as follows:
Funds appropriated for student financial assistance to be granted
pursuant to this chapter shall be disbursed as determined by the
((board)) office.
Sec. 164 RCW 28B.92.130 and 2004 c 275 s 42 are each amended to
read as follows:
The ((board)) office shall be authorized to accept grants, gifts,
bequests, and devises of real and personal property from any source for
the purpose of granting financial aid in addition to that funded by the
state.
Sec. 165 RCW 28B.92.140 and 1997 c 269 s 1 are each amended to
read as follows:
The state educational trust fund is hereby established in the state
treasury. The primary purpose of the trust is to pledge statewide
available college student assistance to needy or disadvantaged
students, especially middle and high school youth, considered at-risk
of dropping out of secondary education who participate in
((board-))approved early awareness and outreach programs and who enter
any accredited Washington institution of postsecondary education within
two years of high school graduation.
The ((board)) office shall deposit refunds and recoveries of
student financial aid funds expended in prior fiscal periods in such
account. The ((board)) office may also deposit moneys that have been
contributed from other state, federal, or private sources.
Expenditures from the fund shall be for financial aid to needy or
disadvantaged students. The ((board)) office may annually expend such
sums from the fund as may be necessary to fulfill the purposes of this
section, including not more than three percent for the costs to
administer aid programs supported by the fund. All earnings of
investments of balances in the state educational trust fund shall be
credited to the trust fund. Expenditures from the fund shall not be
subject to appropriation but are subject to allotment procedures under
chapter 43.88 RCW.
Sec. 166 RCW 28B.92.150 and 2004 c 275 s 43 are each amended to
read as follows:
The ((board)) office shall adopt rules as may be necessary or
appropriate for effecting the provisions of this chapter, in accordance
with the provisions of chapter 34.05 RCW, the administrative procedure
act.
Sec. 167 RCW 28B.95.020 and 2007 c 405 s 8 are each amended to
read as follows:
The definitions in this section apply throughout this chapter,
unless the context clearly requires otherwise.
(1) "Academic year" means the regular nine-month, three-quarter, or
two-semester period annually occurring between August 1st and July
31st.
(2) "Account" means the Washington advanced college tuition payment
program account established for the deposit of all money received by
the board from eligible purchasers and interest earnings on investments
of funds in the account, as well as for all expenditures on behalf of
eligible beneficiaries for the redemption of tuition units and for the
development of any authorized college savings program pursuant to RCW
28B.95.150.
(3) (("Board")) "Office" means the ((higher education coordinating
board)) office of student financial assistance as defined in chapter
28B.76 RCW.
(4) "Committee on advanced tuition payment" or "committee" means a
committee of the following members: The state treasurer, the director
of the office of financial management, the ((executive)) director of
the ((higher education coordinating board)) office, or their designees,
and two members to be appointed by the governor, one representing
program participants and one private business representative with
marketing, public relations, or financial expertise.
(5) "Governing body" means the committee empowered by the
legislature to administer the Washington advanced college tuition
payment program.
(6) "Contractual obligation" means a legally binding contract of
the state with the purchaser and the beneficiary establishing that
purchases of tuition units will be worth the same number of tuition
units at the time of redemption as they were worth at the time of the
purchase.
(7) "Eligible beneficiary" means the person for whom the tuition
unit will be redeemed for attendance at an institution of higher
education. The beneficiary is that person named by the purchaser at
the time that a tuition unit contract is accepted by the governing
body. Qualified organizations, as allowed under section 529 of the
federal internal revenue code, purchasing tuition unit contracts as
future scholarships need not designate a beneficiary at the time of
purchase.
(8) "Eligible purchaser" means an individual or organization that
has entered into a tuition unit contract with the governing body for
the purchase of tuition units for an eligible beneficiary. The state
of Washington may be an eligible purchaser for purposes of purchasing
tuition units to be held for granting Washington college bound
scholarships.
(9) "Full-time tuition charges" means resident tuition charges at
a state institution of higher education for enrollments between ten
credits and eighteen credit hours per academic term.
(10) "Institution of higher education" means an institution that
offers education beyond the secondary level and is recognized by the
internal revenue service under chapter 529 of the internal revenue
code.
(11) "Investment board" means the state investment board as defined
in chapter 43.33A RCW.
(12) "State institution of higher education" means institutions of
higher education as defined in RCW 28B.10.016.
(13) "Tuition and fees" means undergraduate tuition and services
and activities fees as defined in RCW 28B.15.020 and 28B.15.041 rounded
to the nearest whole dollar. For purposes of this chapter, services
and activities fees do not include fees charged 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.
(14) "Tuition unit contract" means a contract between an eligible
purchaser and the governing body, or a successor agency appointed for
administration of this chapter, for the purchase of tuition units for
a specified beneficiary that may be redeemed at a later date for an
equal number of tuition units.
(15) "Unit purchase price" means the minimum cost to purchase one
tuition unit for an eligible beneficiary. Generally, the minimum
purchase price is one percent of the undergraduate tuition and fees for
the current year, rounded to the nearest whole dollar, adjusted for the
costs of administration and adjusted to ensure the actuarial soundness
of the account. The analysis for price setting shall also include, but
not be limited to consideration of past and projected patterns of
tuition increases, program liability, past and projected investment
returns, and the need for a prudent stabilization reserve.
Sec. 168 RCW 28B.95.025 and 2000 c 14 s 2 are each amended to
read as follows:
The ((board)) office shall maintain appropriate offices and employ
and fix compensation of such personnel as may be necessary to perform
the advanced college tuition payment program duties. The ((board))
office shall consult with the governing body on the selection,
compensation, and other issues relating to the employment of the
program director. The positions are exempt from classified service
under chapter 41.06 RCW. The employees shall be employees of the
((higher education coordinating board)) office.
Sec. 169 RCW 28B.95.030 and 2005 c 272 s 2 are each amended to
read as follows:
(1) The Washington advanced college tuition payment program shall
be administered by the committee on advanced tuition payment which
shall be chaired by the ((executive)) director of the ((board)) office.
The committee shall be supported by staff of the ((board)) office.
(2)(a) The Washington advanced college tuition payment program
shall consist of the sale of tuition units, which may be redeemed by
the beneficiary at a future date for an equal number of tuition units
regardless of any increase in the price of tuition, that may have
occurred in the interval.
(b) Each purchase shall be worth a specific number of or fraction
of tuition units at each state institution of higher education as
determined by the governing body.
(c) The number of tuition units necessary to pay for a full year's,
full-time undergraduate tuition and fee charges at a state institution
of higher education shall be set by the governing body at the time a
purchaser enters into a tuition unit contract.
(d) The governing body may limit the number of tuition units
purchased by any one purchaser or on behalf of any one beneficiary,
however, no limit may be imposed that is less than that necessary to
achieve four years of full-time, undergraduate tuition charges at a
state institution of higher education. The governing body also may, at
its discretion, limit the number of participants, if needed, to ensure
the actuarial soundness and integrity of the program.
(e) While the Washington advanced college tuition payment program
is designed to help all citizens of the state of Washington, the
governing body may determine residency requirements for eligible
purchasers and eligible beneficiaries to ensure the actuarial soundness
and integrity of the program.
(3)(a) No tuition unit may be redeemed until two years after the
purchase of the unit. Units may be redeemed for enrollment at any
institution of higher education that is recognized by the internal
revenue service under chapter 529 of the internal revenue code.
(b) Units redeemed at a nonstate institution of higher education or
for graduate enrollment shall be redeemed at the rate for state public
institutions in effect at the time of redemption.
(4) The governing body shall determine the conditions under which
the tuition benefit may be transferred to another family member. In
permitting such transfers, the governing body may not allow the tuition
benefit to be bought, sold, bartered, or otherwise exchanged for goods
and services by either the beneficiary or the purchaser.
(5) The governing body shall administer the Washington advanced
college tuition payment program in a manner reasonably designed to be
actuarially sound, such that the assets of the trust will be sufficient
to defray the obligations of the trust including the costs of
administration. The governing body may, at its discretion, discount
the minimum purchase price for certain kinds of purchases such as those
from families with young children, as long as the actuarial soundness
of the account is not jeopardized.
(6) The governing body shall annually determine current value of a
tuition unit.
(7) The governing body shall promote, advertise, and publicize the
Washington advanced college tuition payment program.
(8) In addition to any other powers conferred by this chapter, the
governing body may:
(a) Impose reasonable limits on the number of tuition units or
units that may be used in any one year;
(b) Determine and set any time limits, if necessary, for the use of
benefits under this chapter;
(c) Impose and collect administrative fees and charges in
connection with any transaction under this chapter;
(d) Appoint and use advisory committees as needed to provide
program direction and guidance;
(e) Formulate and adopt all other policies and rules necessary for
the efficient administration of the program;
(f) Consider the addition of an advanced payment program for room
and board contracts and also consider a college savings program;
(g) Purchase insurance from insurers licensed to do business in the
state, to provide for coverage against any loss in connection with the
account's property, assets, or activities or to further insure the
value of the tuition units;
(h) Make, execute, and deliver contracts, conveyances, and other
instruments necessary to the exercise and discharge of its powers and
duties under this chapter;
(i) Contract for the provision for all or part of the services
necessary for the management and operation of the program with other
state or nonstate entities authorized to do business in the state;
(j) Contract for other services or for goods needed by the
governing body in the conduct of its business under this chapter;
(k) Contract with financial consultants, actuaries, auditors, and
other consultants as necessary to carry out its responsibilities under
this chapter;
(l) Solicit and accept cash donations and grants from any person,
governmental agency, private business, or organization; and
(m) Perform all acts necessary and proper to carry out the duties
and responsibilities of this program under this chapter.
Sec. 170 RCW 28B.95.040 and 1997 c 289 s 4 are each amended to
read as follows:
The governing body may, at its discretion, allow an organization to
purchase tuition units for future use as scholarships. Such
organizations electing to purchase tuition units for this purpose must
enter into a contract with the governing body which, at a minimum,
ensures that the scholarship shall be freely given by the purchaser to
a scholarship recipient. For such purchases, the purchaser need not
name a beneficiary until four months before the date when the tuition
units are first expected to be used.
The governing body shall formulate and adopt such rules as are
necessary to determine which organizations may qualify to purchase
tuition units for scholarships under this section. The governing body
also may consider additional rules for the use of tuition units if
purchased as scholarships.
The governing body may establish a scholarship fund with moneys
from the Washington advanced college tuition payment program account.
A scholarship fund established under this authority shall be
administered by the ((higher education coordinating board)) office and
shall be provided to students who demonstrate financial need.
Financial need is not a criterion that any other organization need
consider when using tuition units as scholarships. The ((board))
office also may establish its own corporate-sponsored scholarship fund
under this chapter.
Sec. 171 RCW 28B.95.060 and 2007 c 214 s 13 are each amended to
read as follows:
(1) The Washington advanced college tuition payment program account
is created in the custody of the state treasurer. The account shall be
a discrete nontreasury account retaining its interest earnings in
accordance with RCW 43.79A.040.
(2)(a) Except as provided in (b) of this subsection, the governing
body shall deposit in the account all money received for the program.
The account shall be self-sustaining and consist of payments received
from purchasers of tuition units and funds received from other sources,
public or private. With the exception of investment and operating
costs associated with the investment of money by the investment board
paid under RCW 43.33A.160 and 43.84.160, the account shall be credited
with all investment income earned by the account. Disbursements from
the account are exempt from appropriations and the allotment provisions
of chapter 43.88 RCW. Money used for program administration is subject
to the allotment of all expenditures. However, an appropriation is not
required for such expenditures. Program administration shall include,
but not be limited to: The salaries and expenses of the program
personnel including lease payments, travel, and goods and services
necessary for program operation; contracts for program promotion and
advertisement, audits, and account management; and other general costs
of conducting the business of the program.
(b) All money received by the program from the ((higher education
coordinating board)) office for the GET ready for math and science
scholarship program shall be deposited in the GET ready for math and
science scholarship account created in RCW 28B.105.110.
(3) The assets of the account may be spent without appropriation
for the purpose of making payments to institutions of higher education
on behalf of the qualified beneficiaries, making refunds, transfers, or
direct payments upon the termination of the Washington advanced college
tuition payment program. Disbursements from the account shall be made
only on the authorization of the governing body.
(4) With regard to the assets of the account, the state acts in a
fiduciary, not ownership, capacity. Therefore the assets of the
program are not considered state money, common cash, or revenue to the
state.
Sec. 172 RCW 28B.95.160 and 2007 c 214 s 12 are each amended to
read as follows:
Ownership of tuition units purchased by the ((higher education
coordinating board)) office for the GET ready for math and science
scholarship program under RCW 28B.105.070 shall be in the name of the
state of Washington and may be redeemed by the state of Washington on
behalf of recipients of GET ready for math and science scholarship
program scholarships for tuition and fees.
Sec. 173 RCW 28B.97.010 and 2009 c 215 s 13 are each amended to
read as follows:
(1) The Washington higher education loan program is created. The
program is created to assist students in need of additional low-cost
student loans and related loan benefits.
(2) The program shall be administered by the ((board)) office. In
administering the program, the ((board)) office must:
(a) Periodically assess the needs and target the benefits to
selected students;
(b) Devise a program to address the following issues related to
loans:
(i) Issuance of low-interest educational loans;
(ii) Determining loan repayment obligations and options;
(iii) Borrowing educational loans at low interest rates;
(iv) Developing conditional loans that can be forgiven in exchange
for service; and
(v) Creating an emergency loan fund to help students until other
state and federal long-term financing can be secured;
(c) Accept public and private contributions;
(d) Publicize the program; and
(e) Work with public and private colleges and universities, the
state board for community and technical colleges, the workforce
training and education coordinating board, and with students, to
conduct periodic assessment of program needs. The ((board)) office may
also consult with other groups and individuals as needed.
Sec. 174 RCW 28B.97.020 and 2009 c 215 s 14 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Board" means the higher education coordinating board.)) "Institution of higher education" means a college or
university in the state of Washington that is accredited by an
accrediting association recognized as such by rule of the board.
(2)
(2) "Office" means the office of student financial assistance.
(3) "Program" means the Washington higher education loan program.
(4) "Resident student" has the definition in RCW 28B.15.012(2) (a)
through (d).
Sec. 175 RCW 28B.102.020 and 2004 c 58 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Conditional scholarship" means a loan that is forgiven in
whole or in part if the recipient renders service as a teacher in an
approved education program in this state.
(2) "Institution of higher education" or "institution" means a
college or university in the state of Washington that is accredited by
an accrediting association recognized as such by rule of the council
for higher education ((coordinating board)).
(3) (("Board")) "Office" means the ((higher education coordinating
board)) office of student financial assistance.
(4) "Eligible student" means a student who is registered for at
least six credit hours or the equivalent, demonstrates high academic
achievement, is a resident student as defined by RCW 28B.15.012 and
28B.15.013, and has a declared intention to complete an approved
preparation program leading to initial teacher certification or
required for earning an additional endorsement, and commits to teaching
service in the state of Washington.
(5) "Public school" means an elementary school, a middle school,
junior high school, or high school within the public school system
referred to in Article IX of the state Constitution.
(6) "Forgiven" or "to forgive" or "forgiveness" means to render
service as a teacher in an approved education program in the state of
Washington in lieu of monetary repayment.
(7) "Satisfied" means paid-in-full.
(8) "Participant" means an eligible student who has received a
conditional scholarship or loan repayment under this chapter.
(9) "Loan repayment" means a federal student loan that is repaid in
whole or in part if the recipient renders service as a teacher in an
approved education program in Washington state.
(10) "Approved education program" means an education program in the
state of Washington for knowledge and skills generally learned in
preschool through twelfth grade. Approved education programs may
include but are not limited to:
(a) K-12 schools under Title 28A RCW; or
(b) Other K-12 educational sites in the state of Washington as
designated by the board.
(11) "Equalization fee" means the additional amount added to the
principal of a loan under this chapter to equate the debt to that which
the student would have incurred if the loan had been received through
the federal subsidized Stafford student loan program.
(12) "Teacher shortage area" means a shortage of elementary or
secondary school teachers in a specific subject area, discipline,
classification, or geographic area as defined by the office of the
superintendent of public instruction.
Sec. 176 RCW 28B.102.030 and 2004 c 58 s 3 are each amended to
read as follows:
The future teachers conditional scholarship and loan repayment
program is established. The program shall be administered by the
((higher education coordinating board)) office. In administering the
program, the board shall have the following powers and duties:
(1) Select students to receive conditional scholarships or loan
repayments;
(2) Adopt necessary rules and guidelines;
(3) Publicize the program;
(4) Collect and manage repayments from students who do not meet
their teaching obligations under this chapter; and
(5) Solicit and accept grants and donations from public and private
sources for the program.
Sec. 177 RCW 28B.102.040 and 2008 c 170 s 306 are each amended to
read as follows:
(1) The ((board)) office may select participants based on an
application process conducted by the ((board)) office or the ((board))
office may utilize selection processes for similar students in
cooperation with the professional educator standards board or the
office of the superintendent of public instruction.
(2) If the ((board)) office selects participants for the program,
it shall establish a selection committee for screening and selecting
recipients of the conditional scholarships. The criteria shall
emphasize factors demonstrating excellence including but not limited to
superior scholastic achievement, leadership ability, community
contributions, bilingual ability, willingness to commit to providing
teaching service in shortage areas, and an ability to act as a role
model for students. Priority will be given to individuals seeking
certification or an additional endorsement in math, science, technology
education, agricultural education, business and marketing education,
family and consumer science education, or special education.
Sec. 178 RCW 28B.102.050 and 2004 c 58 s 6 are each amended to
read as follows:
The ((board)) office may award conditional scholarships or provide
loan repayments to eligible participants from the funds appropriated to
the ((board)) office for this purpose, or from any private donations,
or any other funds given to the ((board)) office for this program. The
amount of the conditional scholarship or loan repayment awarded an
individual shall not exceed the amount of tuition and fees at the
institution of higher education attended by the participant or resident
undergraduate tuition and fees at the University of Washington per
academic year for a full-time student, whichever is lower.
Participants are eligible to receive conditional scholarships or loan
repayments for a maximum of five years.
Sec. 179 RCW 28B.102.055 and 2004 c 58 s 8 are each amended to
read as follows:
(1) Upon documentation of federal student loan indebtedness, the
((board)) office may enter into agreements with participants to repay
all or part of a federal student loan in exchange for teaching service
in an approved educational program. The ratio of loan repayment to
years of teaching service for the loan repayment program shall be the
same as established for the conditional scholarship program.
(2) The agreement shall specify the period of time it is in effect
and detail the obligations of the ((board)) office and the participant,
including the amount to be paid to the participant. The agreement may
also specify the geographic location and subject matter area of
teaching service for which loan repayment will be provided.
(3) At the end of each school year, a participant under this
section shall provide evidence to the ((board)) office that the
requisite teaching service has been provided. Upon receipt of the
evidence, the ((board)) office shall pay the participant the agreed-
upon amount for one year of full-time teaching service or a prorated
amount for less than full-time teaching service. To qualify for
additional loan repayments, the participant must be engaged in
continuous teaching service as defined by the ((board)) office.
(4) The ((board)) office may, at its discretion, arrange to make
the loan repayment directly to the holder of the participant's federal
student loan.
(5) The ((board's)) office's obligations to a participant under
this section shall cease when:
(a) The terms of the agreement have been fulfilled;
(b) The participant fails to maintain continuous teaching service
as determined by the ((board)) office; or
(c) All of the participant's federal student loans have been
repaid.
(6) The ((board)) office shall adopt rules governing loan
repayments, including approved leaves of absence from continuous
teaching service and other deferments as may be necessary.
Sec. 180 RCW 28B.102.060 and 2011 c 26 s 4 are each amended to
read as follows:
(1) Participants in the conditional scholarship program incur an
obligation to repay the conditional scholarship, with interest and an
equalization fee, unless they teach for two years in an approved
education program for each year of scholarship received, under rules
adopted by the ((board)) office. Participants who teach in a
designated teacher shortage area shall have one year of loan canceled
for each year they teach in the shortage area.
(2) The interest rate shall be determined by the ((board)) office.
Participants who fail to complete the teaching service shall incur an
equalization fee based on the remaining unforgiven balance of the loan.
The equalization fee shall be added to the remaining balance and repaid
by the participant.
(3) The minimum payment shall be set by the ((board)) office. The
maximum period for repayment shall be ten years, with payments of
principal and interest commencing six months from the date the
participant completes or discontinues the course of study. The
interest rate shall be determined by the ((board)) office and be
established by rule. Provisions for deferral of payment shall be
determined by the ((board)) office. The ((board)) office shall
establish an appeal process by rule.
(4) The entire principal and interest of each payment shall be
forgiven for each payment period in which the participant teaches in an
approved education program until the entire repayment obligation is
satisfied. Should the participant cease to teach in an approved
education program in this state before the participant's repayment
obligation is completed, payments on the unsatisfied portion of the
principal and interest shall begin the next payment period and continue
until the remainder of the participant's repayment obligation is
satisfied.
(5) The ((board)) office is responsible for collection of
repayments made under this section and shall exercise due diligence in
such collection, maintaining all necessary records to insure that
maximum repayments are made. Collection and servicing of repayments
under this section shall be pursued using the full extent of the law,
including wage garnishment if necessary. The ((board)) office is
responsible to forgive all or parts of such repayments under the
criteria established in this section and shall maintain all necessary
records of forgiven payments.
(6) Receipts from the payment of principal or interest or any other
subsidies to which the ((board)) office as administrator is entitled,
which are paid by or on behalf of participants under this section,
shall be deposited in the future teachers conditional scholarship
account and shall be used to cover the costs of granting the
conditional scholarships, maintaining necessary records, and making
collections under subsection (5) of this section. The ((board)) office
shall maintain accurate records of these costs, and all receipts beyond
those necessary to pay such costs shall be used to grant conditional
scholarships to eligible students.
(7) The ((board)) office shall adopt rules to define the terms of
repayment, including applicable interest rates, fees, and deferments.
Sec. 181 RCW 28B.102.080 and 2010 1st sp.s. c 37 s 917 are each
amended to read as follows:
(1) The future teachers conditional scholarship account is created
in the custody of the state treasurer. An appropriation is not
required for expenditures of funds from the account. The account is
not subject to allotment procedures under chapter 43.88 RCW except for
moneys used for program administration.
(2) The ((board)) office shall deposit in the account all moneys
received for the future teachers conditional scholarship and loan
repayment program and for conditional loan programs under chapter
28A.660 RCW. The account shall be self-sustaining and consist of funds
appropriated by the legislature for the future teachers conditional
scholarship and loan repayment program, private contributions to the
program, receipts from participant repayments from the future teachers
conditional scholarship and loan repayment program, and conditional
loan programs established under chapter 28A.660 RCW. Beginning July 1,
2004, the ((board)) office shall also deposit into the account: (a)
All funds from the institution of higher education loan account that
are traceable to any conditional scholarship program for teachers or
prospective teachers established by the legislature before June 10,
2004; and (b) all amounts repaid by individuals under any such program.
(3) Expenditures from the account may be used solely for
conditional loans and loan repayments to participants in the future
teachers conditional scholarship and loan repayment program established
by this chapter, conditional scholarships for participants in programs
established in chapter 28A.660 RCW, and costs associated with program
administration by the ((board)) office.
(4) Disbursements from the account may be made only on the
authorization of the ((board)) office.
(5) During the 2009-2011 fiscal biennium, the legislature may
transfer from the future teachers conditional scholarship account to
the state general fund such amounts as reflect the excess fund balance
of the account.
Sec. 182 RCW 28B.105.020 and 2007 c 214 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Board" means the higher education coordinating board.)) "GET units" means tuition units under the advanced college
tuition payment program in chapter 28B.95 RCW.
(2)
(((3))) (2) "Institution of higher education" has the same meaning
as in RCW 28B.92.030.
(3) "Office" means the office of student financial assistance.
(4) "Program administrator" means the private nonprofit corporation
that is registered under Title 24 RCW and qualified as a tax-exempt
entity under section 501(c)(3) of the federal internal revenue code,
that will serve as the private partner in the public-private
partnership under this chapter.
(5) "Qualified program" or "qualified major" means a mathematics,
science, or related degree program or major line of study offered by an
institution of higher education that is included on the list of
programs or majors selected by the board and the program administrator
under RCW 28B.105.100.
Sec. 183 RCW 28B.105.040 and 2007 c 214 s 4 are each amended to
read as follows:
(1) If the student enrolls in a qualified program or declares a
qualified major and the program or major is subsequently removed from
the list of qualified programs and qualified majors by the ((board))
office and the program administrator, the student's eligibility to
receive a GET ready for math and science scholarship shall not be
affected.
(2) If a student who received a GET ready for math and science
scholarship ceases to be enrolled in an institution of higher
education, withdraws or is no longer enrolled in a qualified program,
declares a major that is not a qualified major, or otherwise is no
longer eligible to receive a GET ready for math and science
scholarship, the student shall notify the program administrator as soon
as practicable and is not eligible for further GET ready for math and
science scholarship awards. Such a student shall also repay the amount
of the GET ready for math and science scholarship awarded to the
student as required by RCW 28B.105.050.
Sec. 184 RCW 28B.105.050 and 2007 c 214 s 5 are each amended to
read as follows:
(1) A recipient of a GET ready for math and science scholarship
incurs an obligation to repay the scholarship, with interest and an
equalization fee, if he or she does not:
(a) Graduate with a bachelor's degree from a qualified program or
in a qualified major within five years of first enrolling at an
institution of higher education; and
(b) Work in Washington in a mathematics, science, or related
occupation full time for at least three years following completion of
a bachelor's degree, unless he or she is enrolled in a graduate degree
program as provided in subsection (4) of this section.
(2) A former scholarship recipient who has earned a bachelor's
degree shall annually verify to the ((board)) office that he or she is
working full time in a mathematics, science, or related field for three
years.
(3) If a former scholarship recipient begins but then stops working
full time in a mathematics, science, or related field within three
years following completion of a bachelor's degree, he or she shall pay
back a prorated portion of the amount of the GET ready for math and
science scholarship award received by the recipient, plus interest and
a prorated equalization fee.
(4) A recipient may postpone for up to three years his or her in-state work obligation if he or she enrolls full time in a graduate
degree program in mathematics, science, or a related field.
Sec. 185 RCW 28B.105.070 and 2007 c 214 s 7 are each amended to
read as follows:
The ((board)) office shall:
(1) Purchase GET units to be owned and held in trust by the
((board)) office, for the purpose of scholarship awards as provided for
in this section;
(2) Distribute scholarship funds, in the form of GET units or
through direct payments from the GET ready for math and science
scholarship account, to institutions of higher education on behalf of
eligible recipients identified by the program administrator;
(3) Provide the program administrator with annual reports regarding
enrollment, contact, and graduation information of GET ready for math
and science scholarship recipients, if the recipients have given
permission for the ((board)) office to do so;
(4) Collect repayments from former scholarship recipients who do
not meet the eligibility criteria or work obligations;
(5) Establish rules for scholarship repayment, approved leaves of
absence, deferments, and exceptions to recognize extenuating
circumstances that may impact students; and
(6) Provide information to school districts in Washington, at least
once per year, about the GET ready for math and science scholarship
program.
Sec. 186 RCW 28B.105.100 and 2007 c 214 s 10 are each amended to
read as follows:
The ((board)) office and the program administrator shall jointly:
(1) Determine criteria for qualifying undergraduate programs,
majors, and courses leading to a bachelor's degree in mathematics,
science, or a related field, offered by institutions of higher
education. The ((board)) office shall publish the criteria for
qualified courses, and lists of qualified programs and qualified
majors, on its web site on a biennial basis; and
(2) Establish criteria for selecting among eligible applicants
those who, without scholarship assistance, would be least likely to
pursue a qualified undergraduate program at an institution of higher
education in Washington state.
Sec. 187 RCW 28B.105.110 and 2010 1st sp.s. c 37 s 918 are each
amended to read as follows:
(1) The GET ready for math and science scholarship account is
created in the custody of the state treasurer.
(2) The ((board)) office shall deposit into the account all money
received for the GET ready for math and science scholarship program
from appropriations and private sources. The account shall be
self-sustaining.
(3) Expenditures from the account shall be used for scholarships to
eligible students and for purchases of GET units. Purchased GET units
shall be owned and held in trust by the ((board)) office. Expenditures
from the account shall be an equal match of state appropriations and
private funds raised by the program administrator. During the 2009-2011 fiscal biennium, expenditures from the account not to exceed five
percent may be used by the program administrator to carry out the
provisions of RCW 28B.105.090.
(4) With the exception of the operating costs associated with the
management of the account by the treasurer's office as authorized in
chapter 43.79A RCW, the account shall be credited with all investment
income earned by the account.
(5) Disbursements from the account are exempt from appropriations
and the allotment provisions of chapter 43.88 RCW.
(6) Disbursements from the account shall be made only on the
authorization of the ((board)) office.
(7) ((During the 2007-2009 fiscal biennium, the legislature may
transfer state appropriations to the GET ready for math and science
scholarship account that have not been matched by private contributions
to the state general fund.)) During the 2009-2011 fiscal biennium, the legislature may
transfer from the GET ready for math and science scholarship account to
the state general fund such amounts as have not been donated from or
matched by private contributions.
(8)
Sec. 188 RCW 28B.106.010 and 1988 c 125 s 9 are each amended to
read as follows:
The following definitions shall apply throughout this chapter,
unless the context clearly indicates otherwise:
(1) "College savings bonds" or "bonds" are Washington state general
obligation bonds, issued under the authority of and in accordance with
this chapter.
(2) (("Board")) "Office" means the ((higher education coordinating
board)) office of student financial assistance, or any successor
thereto.
Sec. 189 RCW 28B.106.070 and 1988 c 125 s 16 are each amended to
read as follows:
The ((board)) office and the state finance committee shall create
and implement marketing strategies and educational programs designed to
publicize the college savings bond program to Washington residents.
Sec. 190 RCW 28B.108.010 and 2004 c 275 s 69 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Institution of higher education" or "institution" means a
college or university in the state of Washington which is accredited by
an accrediting association recognized as such by rule of the council
for higher education ((coordinating board)).
(2) (("Board")) "Office" means the ((higher education coordinating
board)) office of student financial assistance.
(3) "Eligible student" or "student" means an American Indian who is
a financially needy student, as defined in RCW 28B.92.030, who is a
resident student, as defined by RCW 28B.15.012(2), who is a full-time
student at an institution of higher education, and who promises to use
his or her education to benefit other American Indians.
Sec. 191 RCW 28B.108.020 and 2009 c 259 s 1 are each amended to
read as follows:
The American Indian endowed scholarship program is created. The
program shall be administered by the ((higher education coordinating
board)) office. In administering the program, the board's powers and
duties shall include but not be limited to:
(1) Selecting students to receive scholarships, with the assistance
of a screening committee composed of persons involved in helping
American Indian students to obtain a higher education. The membership
of the committee may include, but is not limited to representatives of:
Indian tribes, urban Indians, the governor's office of Indian affairs,
the Washington state Indian education association, and institutions of
higher education;
(2) Adopting necessary rules and guidelines;
(3) Publicizing the program;
(4) Accepting and depositing donations into the endowment fund
created in RCW 28B.108.060;
(5) Requesting from the state investment board and accepting from
the state treasurer moneys earned from the endowment fund created in
RCW 28B.108.060;
(6) Soliciting and accepting grants and donations from public and
private sources for the program; and
(7) Naming scholarships in honor of those American Indians from
Washington who have acted as role models.
Sec. 192 RCW 28B.108.030 and 1991 c 228 s 11 are each amended to
read as follows:
The ((higher education coordinating board)) office shall establish
an advisory committee to assist in program design and to develop
criteria for the screening and selection of scholarship recipients.
The committee shall be composed of representatives of the same groups
as the screening committee described in RCW 28B.108.020. The criteria
shall assess the student's social and cultural ties to an American
Indian community within the state. The criteria shall include a
priority for upper-division or graduate students. The criteria may
include a priority for students who are majoring in program areas in
which expertise is needed by the state's American Indians.
Sec. 193 RCW 28B.108.060 and 2009 c 259 s 2 are each amended to
read as follows:
The American Indian scholarship endowment fund is created in the
custody of the state treasurer. The investment of the endowment fund
shall be managed by the state investment board. Funds appropriated by
the legislature for the endowment fund must be deposited into the fund.
(1) Moneys received from the ((higher education coordinating
board)) office, private donations, state moneys, and funds received
from any other source may be deposited into the endowment fund.
Private moneys received as a gift subject to conditions may be deposit-
ed into the fund.
(2) At the request of the ((higher education coordinating board))
office, the state investment board shall release earnings from the
endowment fund to the state treasurer. The state treasurer shall then
release those funds at the request of the ((higher education
coordinating board)) office for scholarships. No appropriation is
required for expenditures from the endowment fund.
(3) When notified by the ((higher education coordinating board))
office that a condition attached to a gift of private moneys in the
fund has failed, the state investment board shall release those moneys
to the ((higher education coordinating board)) office. The ((higher
education coordinating board)) office shall then release the moneys to
the donors according to the terms of the conditional gift.
(4) The principal of the endowment fund shall not be invaded. The
release of moneys under subsection (3) of this section shall not
constitute an invasion of corpus.
(5) The earnings on the fund shall be used solely for the purposes
set forth in RCW 28B.108.040, except when the terms of a conditional
gift of private moneys in the fund require that a portion of earnings
on such moneys be reinvested in the fund.
Sec. 194 RCW 28B.109.010 and 1996 c 253 s 401 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) (("Board" means the higher education coordinating board.)) "Eligible participant" means an international student whose
country of residence has a trade relationship with the state of
Washington.
(2)
(((3))) (2) "Institution of higher education" or "institution"
means a college or university in the state of Washington that is
accredited by an accrediting association recognized as such by rule of
the board.
(3) "Office" means the office of student financial assistance.
(4) "Service obligation" means volunteering for a minimum number of
hours as established by the board based on the amount of scholarship
award, to speak to or teach groups of Washington citizens, including
but not limited to elementary, middle, and high schools, service clubs,
and universities.
(5) "Washington international exchange scholarship program" means
a scholarship award for a period not to exceed one academic year to
attend a Washington institution of higher education made to an
international student whose country has an established trade
relationship with Washington.
Sec. 195 RCW 28B.109.020 and 1996 c 253 s 402 are each amended to
read as follows:
The Washington international exchange scholarship program is
created subject to funding under RCW 28B.109.060. The program shall be
administered by the ((board)) office. In administering the program,
the ((board)) office may:
(1) Convene an advisory committee that may include but need not be
limited to representatives of the office of the superintendent of
public instruction, the department of ((community, trade, and economic
development)) commerce, the secretary of state, private business, and
institutions of higher education;
(2) Select students to receive the scholarship with the assistance
of a screening committee composed of leaders in business, international
trade, and education;
(3) Adopt necessary rules and guidelines including rules for
disbursing scholarship funds to participants;
(4) Publicize the program;
(5) Solicit and accept grants and donations from public and private
sources for the program;
(6) Establish and notify participants of service obligations; and
(7) Establish a formula for selecting the countries from which
participants may be selected in consultation with the *department of
community, trade, and economic development.
Sec. 196 RCW 28B.109.030 and 1996 c 253 s 403 are each amended to
read as follows:
The ((board)) office may negotiate and enter into a reciprocal
agreement with foreign countries that have international students
attending institutions in Washington. The goal of the reciprocal
agreements shall be to allow Washington students enrolled in an
institution of higher education to attend an international institution
under similar terms and conditions.
Sec. 197 RCW 28B.109.040 and 1996 c 253 s 404 are each amended to
read as follows:
If funds are available, the ((board)) office shall select students
yearly to receive a Washington international exchange student
scholarship from moneys earned from the Washington international
exchange scholarship endowment fund created in RCW 28B.109.060, from
funds appropriated to the ((board)) office for this purpose, or from
any private donations, or from any other funds given to the ((board))
office for this program.
Sec. 198 RCW 28B.109.050 and 1996 c 253 s 405 are each amended to
read as follows:
The Washington international exchange trust fund is established in
the custody of the state treasurer. Any funds appropriated by the
legislature for the trust fund shall be deposited into the fund. At
the request of the ((board)) office, and when conditions set forth in
RCW 28B.109.070 are met, the treasurer shall deposit state matching
moneys from the Washington international exchange trust fund into the
Washington international exchange scholarship endowment fund. No
appropriation is required for expenditures from the trust fund.
Sec. 199 RCW 28B.109.060 and 1996 c 253 s 406 are each amended to
read as follows:
The Washington international exchange scholarship endowment fund is
established in the custody of the state treasurer. Moneys received
from the private donations and funds received from any other source may
be deposited into the endowment fund. At the request of the ((board))
office, the treasurer shall release earnings from the endowment fund to
the ((board)) office for scholarships. No appropriation is required
for expenditures from the endowment fund. The principal of the
endowment fund shall not be invaded. The earnings on the fund shall be
used solely for the purposes in this chapter.
Sec. 200 RCW 28B.109.070 and 1996 c 253 s 407 are each amended to
read as follows:
The ((board)) office may request that the treasurer deposit state
matching funds into the Washington international exchange scholarship
endowment fund when the ((board)) office can match the state funds with
an equal amount of private cash donations, including conditional gifts.
Sec. 201 RCW 28B.109.080 and 1996 c 253 s 408 are each amended to
read as follows:
Each Washington international exchange scholarship recipient shall
agree to complete the service obligation as defined by the ((board))
office.
Sec. 202 RCW 28B.115.020 and 2011 c 26 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) (("Board")) "Office" means the ((higher education coordinating
board)) office of student financial assistance.
(2) "Department" means the state department of health.
(3) "Eligible education and training programs" means education and
training programs approved by the department that lead to eligibility
for a credential as a credentialed health care professional.
(4) "Eligible expenses" means reasonable expenses associated with
the costs of acquiring an education such as tuition, books, equipment,
fees, room and board, and other expenses determined by the ((board))
office.
(5) "Eligible student" means a student who has been accepted into
an eligible education or training program and has a declared intention
to serve in a health professional shortage area upon completion of the
education or training program.
(6) "Forgiven" or "to forgive" or "forgiveness" means to render
health care services in a health professional shortage area in the
state of Washington in lieu of monetary repayment.
(7) "Health professional shortage areas" means those areas where
credentialed health care professionals are in short supply as a result
of geographic maldistribution or as the result of a short supply of
credentialed health care professionals in specialty health care areas
and where vacancies exist in serious numbers that jeopardize patient
care and pose a threat to the public health and safety. The department
shall determine health professional shortage areas as provided for in
RCW 28B.115.070. In making health professional shortage area
designations in the state the department may be guided by applicable
federal standards for "health manpower shortage areas," and "medically
underserved areas," and "medically underserved populations."
(8) "Credentialed health care profession" means a health care
profession regulated by a disciplining authority in the state of
Washington under RCW 18.130.040 or by the state board of pharmacy under
chapter 18.64 RCW and designated by the department in RCW 28B.115.070
as a profession having shortages of credentialed health care
professionals in the state.
(9) "Credentialed health care professional" means a person
regulated by a disciplining authority in the state of Washington to
practice a health care profession under RCW 18.130.040 or by the state
board of pharmacy under chapter 18.64 RCW.
(10) "Loan repayment" means a loan that is paid in full or in part
if the participant renders health care services in a health
professional shortage area as defined by the department.
(11) "Nonshortage rural area" means a nonurban area of the state of
Washington that has not been designated as a rural physician shortage
area. The department shall identify the nonshortage rural areas of the
state.
(12) "Participant" means a credentialed health care professional
who has received a loan repayment award and has commenced practice as
a credentialed health care provider in a designated health professional
shortage area or an eligible student who has received a scholarship
under this program.
(13) "Program" means the health professional loan repayment and
scholarship program.
(14) "Required service obligation" means an obligation by the
participant to provide health care services in a health professional
shortage area for a period to be established as provided for in this
chapter.
(15) "Rural physician shortage area" means rural geographic areas
where primary care physicians are in short supply as a result of
geographic maldistributions and where their limited numbers jeopardize
patient care and pose a threat to public health and safety. The
department shall designate rural physician shortage areas.
(16) "Satisfied" means paid-in-full.
(17) "Scholarship" means a loan that is forgiven in whole or in
part if the recipient renders health care services in a health
professional shortage area.
(18) "Sponsoring community" means a rural hospital or hospitals as
authorized in chapter 70.41 RCW, a rural health care facility or
facilities as authorized in chapter 70.175 RCW, or a city or county
government or governments.
Sec. 203 RCW 28B.115.030 and 1991 c 332 s 16 are each amended to
read as follows:
The health professional loan repayment and scholarship program is
established for credentialed health professionals serving in health
professional shortage areas. The program shall be administered by the
((higher education coordinating board)) office. In ((administrating))
administering this program, the ((board)) office shall:
(1) Select credentialed health care professionals to participate in
the loan repayment portion of the loan repayment and scholarship
program and select eligible students to participate in the scholarship
portion of the loan repayment and scholarship program;
(2) Adopt rules and develop guidelines to administer the program;
(3) Collect and manage repayments from participants who do not meet
their service obligations under this chapter;
(4) Publicize the program, particularly to maximize participation
among individuals in shortage areas and among populations expected to
experience the greatest growth in the workforce;
(5) Solicit and accept grants and donations from public and private
sources for the program; and
(6) Develop criteria for a contract for service in lieu of the
service obligation where appropriate, that may be a combination of
service and payment.
Sec. 204 RCW 28B.115.050 and 2004 c 275 s 70 are each amended to
read as follows:
The ((board)) office shall establish a planning committee to assist
it in developing criteria for the selection of participants. The
((board)) office shall include on the planning committee
representatives of the department, the department of social and health
services, appropriate representatives from health care facilities,
provider groups, consumers, the state board for community and technical
colleges, the superintendent of public instruction, and other
appropriate public and private agencies and organizations. The
criteria may require that some of the participants meet the definition
of "needy student" under RCW 28B.92.030.
Sec. 205 RCW 28B.115.070 and 2003 c 278 s 3 are each amended to
read as follows:
After June 1, 1992, the department, in consultation with the
((board)) office and the department of social and health services,
shall:
(1) Determine eligible credentialed health care professions for the
purposes of the loan repayment and scholarship program authorized by
this chapter. Eligibility shall be based upon an assessment that
determines that there is a shortage or insufficient availability of a
credentialed profession so as to jeopardize patient care and pose a
threat to the public health and safety. The department shall consider
the relative degree of shortages among professions when determining
eligibility. The department may add or remove professions from
eligibility based upon the determination that a profession is no longer
in shortage. Should a profession no longer be eligible, participants
or eligible students who have received scholarships shall be eligible
to continue to receive scholarships or loan repayments until they are
no longer eligible or until their service obligation has been
completed;
(2) Determine health professional shortage areas for each of the
eligible credentialed health care professions.
Sec. 206 RCW 28B.115.080 and 1993 c 492 s 271 are each amended to
read as follows:
After June 1, 1992, the ((board)) office, in consultation with the
department and the department of social and health services, shall:
(1) Establish the annual award amount for each credentialed health
care profession which shall be based upon an assessment of reasonable
annual eligible expenses involved in training and education for each
credentialed health care profession. The annual award amount may be
established at a level less than annual eligible expenses. The annual
award amount shall be established by the ((board)) office for each
eligible health profession. The awards shall not be paid for more than
a maximum of five years per individual;
(2) Determine any scholarship awards for prospective physicians in
such a manner to require the recipients declare an interest in serving
in rural areas of the state of Washington. Preference for scholarships
shall be given to students who reside in a rural physician shortage
area or a nonshortage rural area of the state prior to admission to the
eligible education and training program in medicine. Highest
preference shall be given to students seeking admission who are
recommended by sponsoring communities and who declare the intent of
serving as a physician in a rural area. The ((board)) office may
require the sponsoring community located in a nonshortage rural area to
financially contribute to the eligible expenses of a medical student if
the student will serve in the nonshortage rural area;
(3) Establish the required service obligation for each credentialed
health care profession, which shall be no less than three years or no
more than five years. The required service obligation may be based
upon the amount of the scholarship or loan repayment award such that
higher awards involve longer service obligations on behalf of the
participant;
(4) Determine eligible education and training programs for purposes
of the scholarship portion of the program;
(5) Honor loan repayment and scholarship contract terms negotiated
between the ((board)) office and participants prior to May 21, 1991,
concerning loan repayment and scholarship award amounts and service
obligations authorized under chapter 28B.115, 28B.104, or 70.180 RCW.
Sec. 207 RCW 28B.115.090 and 2003 c 278 s 4 are each amended to
read as follows:
(1) The ((board)) office may grant loan repayment and scholarship
awards to eligible participants from the funds appropriated for this
purpose, or from any private or public funds given to the ((board))
office for this purpose. Participants are ineligible to receive loan
repayment if they have received a scholarship from programs authorized
under this chapter or chapter 70.180 RCW or are ineligible to receive
a scholarship if they have received loan repayment authorized under
this chapter or chapter 28B.115 RCW.
(2) Funds appropriated for the program, including reasonable
administrative costs, may be used by the ((board)) office for the
purposes of loan repayments or scholarships. The ((board)) office
shall annually establish the total amount of funding to be awarded for
loan repayments and scholarships and such allocations shall be
established based upon the best utilization of funding for that year.
(3) One portion of the funding appropriated for the program shall
be used by the ((board)) office as a recruitment incentive for
communities participating in the community-based recruitment and
retention program as authorized by chapter 70.185 RCW; one portion of
the funding shall be used by the ((board)) office as a recruitment
incentive for recruitment activities in state-operated institutions,
county public health departments and districts, county human service
agencies, federal and state contracted community health clinics, and
other health care facilities, such as rural hospitals that have been
identified by the department, as providing substantial amounts of
charity care or publicly subsidized health care; one portion of the
funding shall be used by the ((board)) office for all other awards.
The ((board)) office shall determine the amount of total funding to be
distributed between the three portions.
Sec. 208 RCW 28B.115.110 and 2011 c 26 s 2 are each amended to
read as follows:
Participants in the health professional loan repayment and
scholarship program who are awarded loan repayments shall receive
payment from the program for the purpose of repaying educational loans
secured while attending a program of health professional training which
led to a credential as a credentialed health professional in the state
of Washington.
(1) Participants shall agree to meet the required service
obligation in a designated health professional shortage area.
(2) Repayment shall be limited to eligible educational and living
expenses as determined by the ((board)) office and shall include
principal and interest.
(3) Loans from both government and private sources may be repaid by
the program. Participants shall agree to allow the ((board)) office
access to loan records and to acquire information from lenders
necessary to verify eligibility and to determine payments. Loans may
not be renegotiated with lenders to accelerate repayment.
(4) Repayment of loans established pursuant to this program shall
begin no later than ninety days after the individual has become a
participant. Payments shall be made quarterly, or more frequently if
deemed appropriate by the ((board)) office, to the participant until
the loan is repaid or the participant becomes ineligible due to
discontinued service in a health professional shortage area or after
the required service obligation when eligibility discontinues,
whichever comes first.
(5) Should the participant discontinue service in a health
professional shortage area, payments against the loans of the
participants shall cease to be effective on the date that the
participant discontinues service.
(6) Except for circumstances beyond their control, participants who
serve less than the required service obligation shall be obligated to
repay to the program an amount equal to twice the total amount paid by
the program on their behalf. This amount is due and payable
immediately. Participants who are unable to pay the full amount due
shall enter into a payment arrangement with the ((board)) office,
including an arrangement for payment of interest. The maximum period
for repayment is ten years. The ((board)) office shall determine the
applicability of this subsection. The interest rate shall be
determined by the ((board)) office and be established by rule.
(7) The ((board)) office is responsible for the collection of
payments made on behalf of participants from the participants who
discontinue service before completion of the required service
obligation. The ((board)) office shall exercise due diligence in such
collection, maintaining all necessary records to ensure that the
maximum amount of payment made on behalf of the participant is
recovered. Collection under this section shall be pursued using the
full extent of the law, including wage garnishment if necessary.
(8) The ((board)) office shall not be held responsible for any
outstanding payments on principal and interest to any lenders once a
participant's eligibility expires.
(9) The ((board)) office shall temporarily or, in special
circumstances, permanently defer the requirements of this section for
eligible students as defined in RCW 28B.10.017.
(10) The ((board)) office shall establish an appeal process by
rule.
Sec. 209 RCW 28B.115.120 and 2011 c 26 s 3 are each amended to
read as follows:
(1) Participants in the health professional loan repayment and
scholarship program who are awarded scholarships incur an obligation to
repay the scholarship, with penalty and interest, unless they serve the
required service obligation in a health professional shortage area in
the state of Washington.
(2) The interest rate shall be determined by the ((board)) office
and established by rule.
(3) The period for repayment shall coincide with the required
service obligation, with payments of principal and interest commencing
no later than six months from the date the participant completes or
discontinues the course of study or completes or discontinues the
required postgraduate training. Provisions for deferral of payment
shall be determined by the ((board)) office.
(4) The entire principal and interest of each payment shall be
forgiven for each payment period in which the participant serves in a
health professional shortage area until the entire repayment obligation
is satisfied or the borrower ceases to so serve. Should the
participant cease to serve in a health professional shortage area of
this state before the participant's repayment obligation is completed,
payment of the unsatisfied portion of the principal and interest is due
and payable immediately.
(5) In addition to the amount determined in subsection (4) of this
section, except for circumstances beyond their control, participants
who serve less than the required service obligation shall be obliged to
pay a penalty of an amount equal to twice the unsatisfied portion of
the principal.
(6) Participants who are unable to pay the full amount due shall
enter into a payment arrangement with the ((board)) office for
repayment including interest. The maximum period for repayment is ten
years.
(7) The ((board)) office is responsible for collection of
repayments made under this section and shall exercise due diligence in
such collection, maintaining all necessary records to ensure that
maximum repayments are made. Collection and servicing of repayments
under this section shall be pursued using the full extent of the law,
including wage garnishment if necessary, and shall be performed by
entities approved for such servicing by the Washington student loan
guaranty association or its successor agency. The ((board)) office is
responsible to forgive all or parts of such repayments under the
criteria established in this section and shall maintain all necessary
records of forgiven payments.
(8) Receipts from the payment of principal or interest or any other
subsidies to which the ((board)) office as administrator is entitled,
which are paid by or on behalf of participants under this section,
shall be deposited with the ((board)) office and shall be used to cover
the costs of granting the scholarships, maintaining necessary records,
and making collections under subsection (7) of this section. The
((board)) office shall maintain accurate records of these costs, and
all receipts beyond those necessary to pay such costs shall be used to
grant scholarships to eligible students.
(9) Sponsoring communities who financially contribute to the
eligible financial expenses of eligible medical students may enter into
agreements with the student to require repayment should the student not
serve the required service obligation in the community as a primary
care physician. The ((board)) office may develop criteria for the
content of such agreements with respect to reasonable provisions and
obligations between communities and eligible students.
(10) The ((board)) office may make exceptions to the conditions for
participation and repayment obligations should circumstances beyond the
control of individual participants warrant such exceptions. The
((board)) office shall establish an appeal process by rule.
Sec. 210 RCW 28B.115.130 and 1991 c 332 s 28 are each amended to
read as follows:
(1) Any funds appropriated by the legislature for the health
professional loan repayment and scholarship program or any other public
or private funds intended for loan repayments or scholarships under
this program shall be placed in the account created by this section.
(2) The health professional loan repayment and scholarship program
fund is created in custody of the state treasurer. All receipts from
the program shall be deposited into the fund. Only the ((higher
education coordinating board)) office, or its designee, may authorize
expenditures from the fund. The fund is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation is required
for expenditures.
Sec. 211 RCW 28B.115.140 and 1989 1st ex.s. c 9 s 722 are each
amended to read as follows:
After consulting with the ((higher education coordinating board))
office, the governor may transfer the administration of this program to
another agency with an appropriate mission.
Sec. 212 RCW 28B.116.010 and 2005 c 215 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Institution of higher education" means a college or university
in the state of Washington that is accredited by an accrediting
association recognized as such by rule of the higher education
coordinating board.
(2) "Eligible student" means a student who:
(a) Is between the ages of sixteen and twenty-three;
(b) Has been in foster care in the state of Washington for a
minimum of six months since his or her fourteenth birthday;
(c) Is a financially needy student, as defined in RCW 28B.92.030;
(d) Is a resident student, as defined in RCW 28B.15.012(2);
(e) Has entered or will enter an institution of higher education in
Washington state within three years of high school graduation or having
successfully completed his or her GED;
(f) Is not pursuing a degree in theology; and
(g) Makes satisfactory progress towards the completion of a degree
or certificate program.
(3) "Cost of attendance" means the cost associated with the
attendance of the institution of higher education as determined by the
((higher education coordinating board)) office of student financial
assistance, including but not limited to tuition, room, board, and
books.
(4) "Office" means the office of student financial assistance.
Sec. 213 RCW 28B.116.020 and 2009 c 560 s 20 are each amended to
read as follows:
(1) The foster care endowed scholarship program is created. The
purpose of the program is to help students who were in foster care
attend an institution of higher education in the state of Washington.
The foster care endowed scholarship program shall be administered by
the ((higher education coordinating board)) office.
(2) In administering the program, the ((higher education
coordinating board's)) office's powers and duties shall include but not
be limited to:
(a) Adopting necessary rules and guidelines; and
(b) Administering the foster care endowed scholarship trust fund
and the foster care scholarship endowment fund.
(3) In administering the program, the ((higher education
coordinating board's)) office's powers and duties may include but not
be limited to:
(a) Working with the department of social and health services and
the superintendent of public instruction to provide information about
the foster care endowed scholarship program to children in foster care
in the state of Washington and to students over the age of sixteen who
could be eligible for this program;
(b) Publicizing the program; and
(c) Contracting with a private agency to perform outreach to the
potentially eligible students.
Sec. 214 RCW 28B.116.030 and 2005 c 215 s 4 are each amended to
read as follows:
(1) The ((higher education coordinating board)) office may award
scholarships to eligible students from the foster care scholarship
endowment fund in RCW 28B.116.060, from funds appropriated to the board
for this purpose, from any private donations, or from any other funds
given to the ((board)) office for the program.
(2) The ((board)) office may award scholarships to eligible
students from moneys earned from the foster care scholarship endowment
fund created in RCW 28B.116.060, or from funds appropriated to the
board for this purpose, or from any private donations, or from any
other funds given to the ((board)) office for this program. For an
undergraduate student, the amount of the scholarship shall not exceed
the student's demonstrated financial need. For a graduate student, the
amount of the scholarship shall not exceed the student's demonstrated
need; or the stipend of a teaching assistant, including tuition, at the
University of Washington; whichever is higher. In calculating a
student's need, the ((board)) office shall consider the student's costs
for tuition, fees, books, supplies, transportation, room, board,
personal expenses, and child care. The student's scholarship awarded
under this chapter shall not exceed the amount received by a student
attending a state research university. A student is eligible to
receive a scholarship for a maximum of five years. However, the length
of the scholarship shall be determined at the discretion of the
((board)) office.
(3) Grants under this chapter shall not affect eligibility for the
state student financial aid program.
Sec. 215 RCW 28B.116.050 and 2005 c 215 s 6 are each amended to
read as follows:
(1) The foster care endowed scholarship trust fund is created in
the custody of the state treasurer.
(2) Funds appropriated by the legislature for the foster care
endowed scholarship trust fund shall be deposited in the foster care
endowed scholarship trust fund. When conditions in RCW 28B.116.070 are
met, the ((higher education coordinating board)) office shall deposit
state matching moneys from the trust fund into the foster care
scholarship endowment fund.
(3) No appropriation is required for expenditures from the trust
fund.
Sec. 216 RCW 28B.116.060 and 2007 c 73 s 3 are each amended to
read as follows:
The foster care scholarship endowment fund is created in the
custody of the state treasurer. The investment of the endowment fund
shall be managed by the state investment board.
(1) Moneys received from the ((higher education coordinating
board)) office, private donations, state matching moneys, and funds
received from any other source may be deposited into the foster care
scholarship endowment fund. Private moneys received as a gift subject
to conditions may be deposited into the endowment fund if the
conditions do not violate state or federal law.
(2) At the request of the ((higher education coordinating board))
office, the state investment board shall release earnings from the
endowment fund to the state treasurer. The state treasurer shall then
release those funds at the request of the ((higher education
coordinating board)) office for scholarships. No appropriation is
required for expenditures from the endowment fund.
(3) The ((higher education coordinating board)) office may disburse
grants to eligible students from the foster care scholarship endowment
fund. No appropriation is required for expenditures from the endowment
fund.
(4) When notified by court order that a condition attached to a
gift of private moneys from the foster care scholarship endowment fund
has failed, the ((higher education coordinating board)) office shall
release those moneys to the donors according to the terms of the
conditional gift.
(5) The principal of the foster care scholarship endowment fund
shall not be invaded. For the purposes of this section, only the first
twenty-five thousand dollars deposited into the foster care scholarship
endowment fund shall be considered the principal. The release of
moneys under subsection (4) of this section shall not constitute an
invasion of the corpus.
(6) The foster care scholarship endowment fund shall be used solely
for the purposes in this chapter, except when the conditional gift of
private moneys in the endowment fund require a portion of the earnings
on such moneys be reinvested in the endowment fund.
Sec. 217 RCW 28B.116.070 and 2005 c 215 s 8 are each amended to
read as follows:
(1) The ((higher education coordinating board)) office may deposit
twenty-five thousand dollars of state matching funds into the foster
care scholarship endowment fund when the ((board)) office can match
state funds with an equal amount of private cash donations.
(2) After the initial match of twenty-five thousand dollars, state
matching funds from the foster care endowed scholarship trust fund
shall be released to the foster care scholarship endowment fund
semiannually so long as there are funds available in the foster care
endowed scholarship trust fund.
Sec. 218 RCW 28B.117.020 and 2007 c 314 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Cost of attendance" means the cost associated with attending
a particular institution of higher education as determined by the
((higher education coordinating board)) office, including but not
limited to tuition, fees, room, board, books, personal expenses, and
transportation, plus the cost of reasonable additional expenses
incurred by an eligible student and approved by a financial aid
administrator at the student's school of attendance.
(2) "Emancipated from foster care" means a person who was a
dependent of the state in accordance with chapter 13.34 RCW and who was
receiving foster care in the state of Washington when he or she reached
his or her eighteenth birthday.
(3) "Financial need" means the difference between a student's cost
of attendance and the student's total family contribution as determined
by the method prescribed by the United States department of education.
(4) "Independent college or university" means a private, nonprofit
institution of higher education, open to residents of the state,
providing programs of education beyond the high school level leading to
at least the baccalaureate degree, and accredited by the Northwest
association of schools and colleges, and other institutions as may be
developed that are approved by the ((higher education coordinating))
board as meeting equivalent standards as those institutions accredited
under this section.
(5) "Institution of higher education" means:
(a) Any public university, college, community college, or technical
college operated by the state of Washington or any political
subdivision thereof; or
(b) Any independent college or university in Washington; or
(c) Any other university, college, school, or institute in the
state of Washington offering instruction beyond the high school level
that is a member institution of an accrediting association recognized
by rule of the higher education coordinating board for the purposes of
this section: PROVIDED, That any institution, branch, extension, or
facility operating within the state of Washington that is affiliated
with an institution operating in another state must be a separately
accredited member institution of any such accrediting association, or
a branch of a member institution of an accrediting association
recognized by rule of the board for purposes of this section, that is
eligible for federal student financial aid assistance and has operated
as a nonprofit college or university delivering on-site classroom
instruction for a minimum of twenty consecutive years within the state
of Washington, and has an annual enrollment of at least seven hundred
full-time equivalent students.
(6) "Office" means the office of student financial assistance.
(7) "Program" means the passport to college promise pilot program
created in this chapter.
Sec. 219 RCW 28B.117.030 and 2007 c 314 s 4 are each amended to
read as follows:
(1) The ((higher education coordinating board)) office shall design
and, to the extent funds are appropriated for this purpose, implement,
a program of supplemental scholarship and student assistance for
students who have emancipated from the state foster care system after
having spent at least one year in care.
(2) The ((board)) office shall convene and consult with an advisory
committee to assist with program design and implementation. The
committee shall include but not be limited to former foster care youth
and their advocates; representatives from the state board for community
and technical colleges, and from public and private agencies that
assist current and former foster care recipients in their transition to
adulthood; and student support specialists from public and private
colleges and universities.
(3) To the extent that sufficient funds have been appropriated for
this purpose, a student is eligible for assistance under this section
if he or she:
(a) Emancipated from foster care on or after January 1, 2007, after
having spent at least one year in foster care subsequent to his or her
sixteenth birthday;
(b) Is a resident student, as defined in RCW 28B.15.012(2);
(c) Is enrolled with or will enroll on at least a half-time basis
with an institution of higher education in Washington state by the age
of twenty-one;
(d) Is making satisfactory academic progress toward the completion
of a degree or certificate program, if receiving supplemental
scholarship assistance;
(e) Has not earned a bachelor's or professional degree; and
(f) Is not pursuing a degree in theology.
(4) A passport to college scholarship under this section:
(a) Shall not exceed resident undergraduate tuition and fees at the
highest-priced public institution of higher education in the state; and
(b) Shall not exceed the student's financial need, less a
reasonable self-help amount defined by the board, when combined with
all other public and private grant, scholarship, and waiver assistance
the student receives.
(5) An eligible student may receive a passport to college
scholarship under this section for a maximum of five years after the
student first enrolls with an institution of higher education or until
the student turns age twenty-six, whichever occurs first. If a student
turns age twenty-six during an academic year, and would otherwise be
eligible for a scholarship under this section, the student shall
continue to be eligible for a scholarship for the remainder of the
academic year.
(6) The ((higher education coordinating board)) office, in
consultation with and with assistance from the state board for
community and technical colleges, shall perform an annual analysis to
verify that those institutions of higher education at which students
have received a scholarship under this section have awarded the student
all available need-based and merit-based grant and scholarship aid for
which the student qualifies.
(7) In designing and implementing the passport to college student
support program under this section, the ((board)) office, in
consultation with and with assistance from the state board for
community and technical colleges, shall ensure that a participating
college or university:
(a) Has a viable plan for identifying students eligible for
assistance under this section, for tracking and enhancing their
academic progress, for addressing their unique needs for assistance
during school vacations and academic interims, and for linking them to
appropriate sources of assistance in their transition to adulthood;
(b) Receives financial and other incentives for achieving
measurable progress in the recruitment, retention, and graduation of
eligible students.
Sec. 220 RCW 28B.117.040 and 2007 c 314 s 5 are each amended to
read as follows:
Effective operation of the passport to college promise pilot
program requires early and accurate identification of former foster
care youth so that they can be linked to the financial and other
assistance that will help them succeed in college. To that end:
(1) All institutions of higher education that receive funding for
student support services under RCW 28B.117.030 shall include on their
applications for admission or on their registration materials a
question asking whether the applicant has been in foster care in
Washington state for at least one year since his or her sixteenth
birthday. All other institutions of higher education are strongly
encouraged to include such a question. No institution may consider
whether an applicant may be eligible for a scholarship or student
support services under this chapter when deciding whether the applicant
will be granted admission.
(2) The department of social and health services shall devise and
implement procedures for efficiently, promptly, and accurately
identifying students and applicants who are eligible for services under
RCW 28B.117.030, and for sharing that information with the ((higher
education coordinating board)) office and with institutions of higher
education. The procedures shall include appropriate safeguards for
consent by the applicant or student before disclosure.
Sec. 221 RCW 28B.117.050 and 2007 c 314 s 6 are each amended to
read as follows:
(1) To the extent funds are appropriated for this purpose, the
((higher education coordinating board)) office, with input from the
state board for community and technical colleges, the foster care
partnership, and institutions of higher education, shall develop and
maintain an internet web site and outreach program to serve as a
comprehensive portal for foster care youth in Washington state to
obtain information regarding higher education including, but not
necessarily limited to:
(a) Academic, social, family, financial, and logistical information
important to successful postsecondary educational success;
(b) How and when to obtain and complete college applications;
(c) What college placement tests, if any, are generally required
for admission to college and when and how to register for such tests;
(d) How and when to obtain and complete a federal free application
for federal student aid (FAFSA); and
(e) Detailed sources of financial aid likely available to eligible
former foster care youth, including the financial aid provided by this
chapter.
(2) The ((board)) office shall determine whether to design, build,
and operate such program and web site directly or to use, support, and
modify existing web sites created by government or nongovernmental
entities for a similar purpose.
Sec. 222 RCW 28B.117.060 and 2007 c 314 s 7 are each amended to
read as follows:
(1) To the extent funds are appropriated for this purpose, the
department of social and health services, with input from the state
board for community and technical colleges, the ((higher education
coordinating board)) office, and institutions of higher education,
shall contract with at least one nongovernmental entity through a
request for proposals process to develop, implement, and administer a
program of supplemental educational transition planning for youth in
foster care in Washington state.
(2) The nongovernmental entity or entities chosen by the department
shall have demonstrated success in working with foster care youth and
assisting foster care youth in successfully making the transition from
foster care to independent adulthood.
(3) The selected nongovernmental entity or entities shall provide
supplemental educational transition planning to foster care youth in
Washington state beginning at age fourteen and then at least every six
months thereafter. The supplemental transition planning shall include:
(a) Comprehensive information regarding postsecondary educational
opportunities including, but not limited to, sources of financial aid,
institutional characteristics and record of support for former foster
care youth, transportation, housing, and other logistical
considerations;
(b) How and when to apply to postsecondary educational programs;
(c) What precollege tests, if any, the particular foster care youth
should take based on his or her postsecondary plans and when to take
the tests;
(d) What courses to take to prepare the particular foster care
youth to succeed at his or her postsecondary plans;
(e) Social, community, educational, logistical, and other issues
that frequently impact college students and their success rates; and
(f) Which web sites, nongovernmental entities, public agencies, and
other foster care youth support providers specialize in which services.
(4) The selected nongovernmental entity or entities shall work
directly with the school counselors at the foster care youths' high
schools to ensure that a consistent and complete transition plan has
been prepared for each foster care youth who emancipates out of the
foster care system in Washington state.
Sec. 223 RCW 28B.117.070 and 2007 c 314 s 8 are each amended to
read as follows:
(1) The ((higher education coordinating board)) office of student
financial assistance shall report to appropriate committees of the
legislature by January 15, 2008, on the status of program design and
implementation. The report shall include a discussion of proposed
scholarship and student support service approaches; an estimate of the
number of students who will receive such services; baseline information
on the extent to which former foster care youth who meet the
eligibility criteria in RCW 28B.117.030 have enrolled and persisted in
postsecondary education; and recommendations for any statutory changes
needed to promote achievement of program objectives.
(2) The state board for community and technical colleges and the
((higher education coordinating board)) office of student financial
assistance shall monitor and analyze the extent to which eligible young
people are increasing their participation, persistence, and progress in
postsecondary education, and shall jointly submit a report on their
findings to appropriate committees of the legislature by December 1,
2009, and by December 1, 2011.
(3) The Washington state institute for public policy shall complete
an evaluation of the passport to college promise pilot program and
shall submit a report to appropriate committees of the legislature by
December 1, 2012. The report shall estimate the impact of the program
on eligible students' participation and success in postsecondary
education, and shall include recommendations for program revision and
improvement.
Sec. 224 RCW 28B.118.010 and 2008 c 321 s 9 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall design the Washington college bound
scholarship program in accordance with this section.
(1) "Eligible students" are those students who qualify for free or
reduced-price lunches. If a student qualifies in the seventh grade,
the student remains eligible even if the student does not receive free
or reduced-price lunches thereafter.
(2) Eligible students shall be notified of their eligibility for
the Washington college bound scholarship program beginning in their
seventh grade year. Students shall also be notified of the
requirements for award of the scholarship.
(3) To be eligible for a Washington college bound scholarship, a
student must sign a pledge during seventh or eighth grade that includes
a commitment to graduate from high school with at least a C average and
with no felony convictions. Students who were in the eighth grade
during the 2007-08 school year may sign the pledge during the 2008-09
school year. The pledge must be witnessed by a parent or guardian and
forwarded to the ((higher education coordinating board)) office of
student financial assistance by mail or electronically, as indicated on
the pledge form.
(4)(a) Scholarships shall be awarded to eligible students
graduating from public high schools, approved private high schools
under chapter 28A.195 RCW, or who received home-based instruction under
chapter 28A.200 RCW.
(b) To receive the Washington college bound scholarship, a student
must graduate with at least a "C" average from a public high school or
an approved private high school under chapter 28A.195 RCW in Washington
or have received home-based instruction under chapter 28A.200 RCW, must
have no felony convictions, and must be a resident student as defined
in RCW 28B.15.012(2) (a) through (d).
(5) A student's family income will be assessed upon graduation
before awarding the scholarship.
(6) If at graduation from high school the student's family income
does not exceed sixty-five percent of the state median family income,
scholarship award amounts shall be as provided in this section.
(a) For students attending two or four-year institutions of higher
education as defined in RCW 28B.10.016, the value of the award shall be
(i) the difference between the student's tuition and required fees,
less the value of any state-funded grant, scholarship, or waiver
assistance the student receives; (ii) plus five hundred dollars for
books and materials.
(b) For students attending private four-year institutions of higher
education in Washington, the award amount shall be the representative
average of awards granted to students in public research universities
in Washington.
(c) For students attending private vocational schools in
Washington, the award amount shall be the representative average of
awards granted to students in public community and technical colleges
in Washington.
(7) Recipients may receive no more than four full-time years' worth
of scholarship awards.
(8) Institutions of higher education shall award the student all
need-based and merit-based financial aid for which the student would
otherwise qualify. The Washington college bound scholarship is
intended to replace unmet need, loans, and, at the student's option,
work-study award before any other grants or scholarships are reduced.
(9) The first scholarships shall be awarded to students graduating
in 2012.
(10) The state of Washington retains legal ownership of tuition
units awarded as scholarships under this chapter until the tuition
units are redeemed. These tuition units shall remain separately held
from any tuition units owned under chapter 28B.95 RCW by a Washington
college bound scholarship recipient.
(11) The scholarship award must be used within five years of
receipt. Any unused scholarship tuition units revert to the Washington
college bound scholarship account.
(12) Should the recipient terminate his or her enrollment for any
reason during the academic year, the unused portion of the scholarship
tuition units shall revert to the Washington college bound scholarship
account.
Sec. 225 RCW 28B.118.020 and 2007 c 405 s 3 are each amended to
read as follows:
The office of the superintendent of public instruction shall:
(1) Notify elementary, middle, and junior high schools about the
Washington college bound scholarship program using methods in place for
communicating with schools and school districts; and
(2) Work with the ((higher education coordinating board)) office of
student financial assistance to develop application collection and
student tracking procedures.
Sec. 226 RCW 28B.118.040 and 2007 c 405 s 5 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall:
(1) With the assistance of the office of the superintendent of
public instruction, implement and administer the Washington college
bound scholarship program;
(2) Develop and distribute, to all schools with students enrolled
in grade seven or eight, a pledge form that can be completed and
returned electronically or by mail by the student or the school to the
((higher education coordinating board)) office of student financial
assistance;
(3) Develop and implement a student application, selection, and
notification process for scholarships;
(4) Track scholarship recipients to ensure continued eligibility
and determine student compliance for awarding of scholarships;
(5) Subject to appropriation, deposit funds into the state
educational trust fund;
(6) Purchase tuition units under the advanced college tuition
payment program in chapter 28B.95 RCW to be owned and held in trust by
the board, for the purpose of scholarship awards as provided for in
this section; and
(7) Distribute scholarship funds, in the form of tuition units
purchased under the advanced college tuition payment program in chapter
28B.95 RCW or through direct payments from the state educational trust
fund, to institutions of higher education on behalf of scholarship
recipients identified by the ((board)) office, as long as recipients
maintain satisfactory academic progress.
Sec. 227 RCW 28B.118.050 and 2007 c 405 s 6 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance may accept grants, gifts, bequests, and devises of
real and personal property from any source for the purpose of granting
financial aid in addition to that funded by the state.
Sec. 228 RCW 28B.118.060 and 2007 c 405 s 7 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance may adopt rules to implement this chapter.
Sec. 229 RCW 28B.119.010 and 2004 c 275 s 60 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall design the Washington promise scholarship
program based on the following parameters:
(1) Scholarships shall be awarded to students graduating from
public and approved private high schools under chapter 28A.195 RCW,
students participating in home-based instruction as provided in chapter
28A.200 RCW, and persons twenty-one years of age or younger receiving
a GED certificate, who meet both an academic and a financial
eligibility criteria.
(a) Academic eligibility criteria shall be defined as follows:
(i) Beginning with the graduating class of 2002, students
graduating from public and approved private high schools under chapter
28A.195 RCW must be in the top fifteen percent of their graduating
class, as identified by each respective high school at the completion
of the first term of the student's senior year; or
(ii) Students graduating from public high schools, approved private
high schools under chapter 28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons
twenty-one years of age or younger receiving a GED certificate, must
equal or exceed a cumulative scholastic assessment test I score of
twelve hundred on their first attempt or must equal or exceed a
composite American college test score of twenty-seven on their first
attempt.
(b) To meet the financial eligibility criteria, a student's family
income shall not exceed one hundred thirty-five percent of the state
median family income adjusted for family size, as determined by the
((higher education coordinating board)) office of student financial
assistance for each graduating class. Students not meeting the
eligibility requirements for the first year of scholarship benefits may
reapply for the second year of benefits, but must still meet the income
standard set by the ((board)) office for the student's graduating
class.
(2) Promise scholarships are not intended to supplant any grant,
scholarship, or tax program related to postsecondary education. If the
((board)) office of student financial assistance finds that promise
scholarships supplant or reduce any grant, scholarship, or tax program
for categories of students, then the ((board)) office shall adjust the
financial eligibility criteria or the amount of scholarship to the
level necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall receive
two consecutive annual awards, the value of each not to exceed the
full-time annual resident tuition rates charged by Washington's
community colleges. The ((higher education coordinating board)) office
of student financial assistance shall award scholarships to as many
students as possible from among those qualifying under this section.
(4) By October 15th of each year, the ((board)) office of student
financial assistance shall determine the award amount of the
scholarships, after taking into consideration the availability of
funds.
(5) The scholarships may only be used for undergraduate coursework
at accredited institutions of higher education in the state of
Washington.
(6) The scholarships may be used for undergraduate coursework at
Oregon institutions of higher education that are part of the border
county higher education opportunity project in RCW 28B.76.685 when
those institutions offer programs not available at accredited
institutions of higher education in Washington state.
(7) The scholarships may be used for college-related expenses,
including but not limited to, tuition, room and board, books, and
materials.
(8) The scholarships may not be awarded to any student who is
pursuing a degree in theology.
(9) The ((higher education coordinating board)) office of student
financial assistance may establish satisfactory progress standards for
the continued receipt of the promise scholarship.
(10) The ((higher education coordinating board)) office of student
financial assistance shall establish the time frame within which the
student must use the scholarship.
Sec. 230 RCW 28B.119.020 and 2002 c 204 s 3 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance, with the assistance of the office of the
superintendent of public instruction, shall implement and administer
the Washington promise scholarship program described in RCW 28B.119.010
as follows:
(1) The first scholarships shall be awarded to eligible students
enrolling in postsecondary education in the 2002-03 academic year.
(2) The office of the superintendent of public instruction shall
provide information to the ((higher education coordinating board))
office of student financial assistance that is necessary for
implementation of the program. The ((higher education coordinating
board)) office of student financial assistance and the office of the
superintendent of public instruction shall jointly establish a timeline
and procedures necessary for accurate and timely data reporting.
(a) For students meeting the academic eligibility criteria as
provided in RCW 28B.119.010(1)(a), the office of the superintendent of
public instruction shall provide the ((higher education coordinating
board)) office of student financial assistance with student names,
addresses, birth dates, and unique numeric identifiers.
(b) Public and approved private high schools under chapter 28A.195
RCW shall provide requested information necessary for implementation of
the program to the office of the superintendent of public instruction
within the established timeline.
(c) All student data is confidential and may be used solely for the
purposes of providing scholarships to eligible students.
(3) The ((higher education coordinating board)) office of student
financial assistance may adopt rules to implement this chapter.
Sec. 231 RCW 28B.119.030 and 2004 c 275 s 71 are each amended to
read as follows:
The Washington promise scholarship program shall not be funded at
the expense of the state need grant program as defined in chapter
28B.92 RCW. In administering the state need grant and promise
scholarship programs, the ((higher education coordinating board))
office of student financial assistance shall first ensure that
eligibility for state need grant recipients is at least fifty-five
percent of state median family income.
Sec. 232 RCW 28B.119.050 and 2002 c 204 s 6 are each amended to
read as follows:
(1) The Washington promise scholarship account is created in the
custody of the state treasurer. The account shall be a nontreasury
account retaining its interest earnings in accordance with RCW
43.79A.040.
(2) The ((higher education coordinating board)) office of student
financial assistance shall deposit in the account all money received
for the program. The account shall be self-sustaining and consist of
funds appropriated by the legislature for the Washington promise
scholarship program, private contributions to the program, and refunds
of Washington promise scholarships.
(3) Expenditures from the account shall be used for scholarships to
eligible students.
(4) With the exception of the operating costs associated with the
management of the account by the treasurer's office as authorized in
chapter 43.79A RCW, the account shall be credited with all investment
income earned by the account.
(5) Disbursements from the account are exempt from appropriations
and the allotment provisions of chapter 43.88 RCW.
(6) Disbursements from the account shall be made only on the
authorization of the ((higher education coordinating board)) office of
student financial assistance.
Sec. 233 RCW 28B.120.020 and 2010 c 245 s 8 are each amended to
read as follows:
The higher education coordinating board shall have the following
powers and duties in administering the program for those proposals in
which a four-year institution of higher education is named as the lead
institution and fiscal agent:
(1) To adopt rules necessary to carry out the program;
(2) To award grants no later than September 1st in those years when
funding is available by June 30th;
(3) To establish each biennium specific guidelines for submitting
grant proposals consistent with RCW 28B.120.005 and consistent with the
strategic master plan for higher education, the system design plan, the
overall goals of the program and the guidelines established by the
state board for community and technical colleges under RCW 28B.120.025.
After June 30, 2001, and each biennium thereafter, the board shall
determine funding priorities for proposals for the biennium in
consultation with ((the governor,)) the legislature, the office of the
superintendent of public instruction, the state board for community and
technical colleges, the workforce training and education coordinating
board, higher education institutions, educational associations, and
business and community groups consistent with statewide needs;
(4) To solicit grant proposals and provide information to the
institutions of higher education about the program; and
(5) To establish reporting, evaluation, accountability, monitoring,
and dissemination requirements for the recipients of the grants awarded
by the ((higher education coordinating board)) office of financial
management.
Sec. 234 RCW 28B.133.030 and 2011 c 60 s 12 are each amended to
read as follows:
(1) The students with dependents grant account is created in the
custody of the state treasurer. All receipts from the program shall be
deposited into the account. Only the ((higher education coordinating
board)) office of student financial assistance, or its designee, may
authorize expenditures from the account. Disbursements from the
account are exempt from appropriations and the allotment procedures
under chapter 43.88 RCW.
(2) The ((board)) office may solicit and receive gifts, grants, or
endowments from private sources that are made from time to time, in
trust or otherwise, for the use and benefit of the purposes of the
educational assistance grant program. The ((executive)) director, or
the ((executive)) director's designee, may spend gifts, grants, or
endowments or income from the private sources according to their terms
unless the receipt of the gifts, grants, or endowments violates RCW
42.17A.560.
(3) The earnings on the account shall be used solely for the
purposes in RCW 28B.133.010, except when the terms of a conditional
gift of private moneys in the account require that a portion of
earnings on such moneys be reinvested in the account.
Sec. 235 RCW 28B.133.040 and 2003 c 19 s 5 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall develop and administer the educational
assistance grant program for students with dependents. In
administering the program, once the balance in the students with
dependents grant account is five hundred thousand dollars, the
((board's)) office's powers and duties shall include but not be limited
to:
(1) Adopting necessary rules and guidelines;
(2) Publicizing the program;
(3) Accepting and depositing donations into the grant account
established in RCW 28B.133.030; and
(4) Soliciting and accepting grants and donations from private
sources for the program.
Sec. 236 RCW 28B.133.050 and 2004 c 275 s 74 are each amended to
read as follows:
The educational assistance grant program for students with
dependents grants may be used by eligible participants to attend any
public or private college or university in the state of Washington as
defined in RCW 28B.92.030. Each participating student may receive an
amount to be determined by the ((higher education coordinating board))
office of student financial assistance, with a minimum amount of one
thousand dollars per academic year, not to exceed the student's
documented financial need for the course of study as determined by the
institution.
Educational assistance grants for students with dependents are not
intended to supplant any grant scholarship or tax program related to
postsecondary education. If the ((higher education coordinating
board)) office of student financial assistance finds that the
educational assistance grants for students with dependents supplant or
reduce any grant, scholarship, or tax program for categories of
students, then the ((higher education coordinating board)) office shall
adjust the financial eligibility criteria or the amount of the grant to
the level necessary to avoid supplanting.
Sec. 237 RCW 28B.135.010 and 2010 1st sp.s. c 9 s 5 are each
amended to read as follows:
The four-year student child care in higher education account is
established. The ((higher education coordinating board)) office of
student financial assistance shall administer the program for the
four-year institutions of higher education. Through ((these)) this
program((s)) the ((board)) office shall award either competitive or
matching child care grants to state institutions of higher education to
encourage programs to address the need for high quality, accessible,
and affordable child care for students at higher education
institutions. The grants shall be used exclusively for the provision
of quality child care services for students at institutions of higher
education. The university or college administration and student
government association, or its equivalent, of each institution
receiving the award may contribute financial support in an amount equal
to or greater than the child care grant received by the institution.
Sec. 238 RCW 28B.135.030 and 2008 c 162 s 3 are each amended to
read as follows:
The ((higher education coordinating board)) office of student
financial assistance shall have the following powers and duties in
administering the program for the four-year institutions of higher
education:
(1) To adopt rules necessary to carry out the program;
(2) To establish one or more review committees to assist in the
evaluation of proposals for funding. The review committees may receive
input from parents, educators, and other experts in the field of early
childhood education for this purpose;
(3) To establish each biennium specific guidelines for submitting
grant proposals consistent with the overall goals of the program. The
guidelines shall be consistent with the following desired outcomes of
increasing access to quality child care for students, providing
affordable child care alternatives for students, creating a partnership
between university or college administrations, university or college
foundations, and student government associations, or their equivalents;
(4) To proportionally distribute the amount of money available in
the trust fund based on the financial support for child care received
by the student government associations or their equivalents. Student
government associations may solicit funds from private organizations
and targeted fund-raising campaigns as part of their financial support
for child care;
(5) To solicit grant proposals and provide information to the
institutions of higher education about the program;
(6) To establish reporting, evaluation, accountability, monitoring,
and dissemination requirements for the recipients of the grants; and
(((7) To report to the appropriate committees of the legislature by
December 15, 2008, and every two years thereafter, on the status of
program design and implementation at the four-year institutions of
higher education. The report shall include but not be limited to
summary information on the institutions receiving child care grant
allocations, the amount contributed by each university or college
administration and student government association for the purposes of
child care including expenditures and reports for the previous
biennium, services provided by each institutional child care center,
the number of students using such services, and identifiable unmet
need.))
Sec. 239 RCW 28B.135.040 and 2010 1st sp.s. c 9 s 4 are each
amended to read as follows:
The four-year student child care in higher education account is
established in the custody of the state treasurer. Moneys in the
account may be spent only for the purposes of RCW 28B.135.010.
Disbursements from the account shall be on the authorization of the
((higher education coordinating board)) office of student financial
assistance. The account is subject to the allotment procedures under
chapter 43.88 RCW, but no appropriation is required for disbursements.
Sec. 240 RCW 28C.18.166 and 2009 c 238 s 5 are each amended to
read as follows:
On an annual basis, each opportunity internship consortium shall
provide the board with a list of the opportunity internship graduates
from the consortium. The board shall compile the lists from all
consortia and shall notify the ((higher education coordinating board))
office of student financial assistance of the eligibility of each
graduate on the lists to receive a state need grant under chapter
28B.92 RCW if the graduate enrolls in a postsecondary program of study
within one year of high school graduation.
Sec. 241 RCW 39.86.130 and 2010 1st sp.s. c 6 s 7 are each
amended to read as follows:
(1) In granting an allocation, reallocation, or carryforward of the
state ceiling as provided in this chapter, the agency shall consider
existing state priorities and other such criteria, including but not
limited to, the following criteria:
(a) Need of issuers to issue bonds within a bond use category
subject to a state ceiling;
(b) Amount of the state ceiling available;
(c) Public benefit and purpose to be satisfied, including economic
development, educational opportunity, and public health, safety, or
welfare;
(d) Cost or availability of alternative methods of financing for
the project or program; and
(e) Certainty of using the allocation which is being requested.
(2) In determining whether to allocate an amount of the state
ceiling to an issuer within any bond use category, the agency shall
consider, but is not limited to, the following criteria for each of the
bond use categories:
(a) Housing: Criteria which comply with RCW 43.180.200.
(b) Student loans: Criteria which comply with the applicable
provisions of Title 28B RCW and rules adopted by the ((higher education
coordinating board)) office of student financial assistance or
applicable state agency dealing with student financial aid.
(c) Small issue: Factors which may include:
(i) The number of employment opportunities the project is likely to
create or retain in relation to the amount of the bond issuance;
(ii) The level of unemployment existing in the geographic area
likely to be affected by the project;
(iii) A commitment to providing employment opportunities to low-income persons in cooperation with the employment security department;
(iv) Geographic distribution of projects;
(v) The number of persons who will benefit from the project;
(vi) Consistency with criteria identified in subsection (1) of this
section; and
(vii) Order in which requests were received.
(d) Exempt facility or redevelopment: Factors which may include:
(i) State issuance needs;
(ii) Consistency with criteria identified in subsection (1) of this
section;
(iii) Order in which requests were received;
(iv) The proportionate number of persons in relationship to the
size of the community who will benefit from the project; and
(v) The unique timing and issuance needs of large scale projects
that may require allocations in more than one year.
(e) Public utility: Factors which may include:
(i) Consistency with criteria identified in subsection (1) of this
section; and
(ii) Timing needs for issuance of bonds over a multi-year period.
NEW SECTION. Sec. 242 The following acts or parts of acts, as
now existing or hereafter amended, are each repealed, effective July 1,
2012:
(1) RCW 28B.15.736 (Washington/Oregon reciprocity tuition and fee
program -- Program review) and 1985 c 370 s 72, 1983 c 104 s 2, & 1979 c
80 s 4;
(2) RCW 28B.76.010 (Board created) and 1985 c 370 s 1;
(3) RCW 28B.76.030 (Purpose) and 2004 c 275 s 1;
(4) RCW 28B.76.040 (Members -- Appointment) and 2002 c 348 s 1, 2002
c 129 s 1, & 1985 c 370 s 10;
(5) RCW 28B.76.050 (Members -- Terms) and 2007 c 458 s 101, 2004 c
275 s 3, 2002 c 129 s 2, & 1985 c 370 s 11;
(6) RCW 28B.76.060 (Members -- Vacancies) and 1985 c 370 s 12;
(7) RCW 28B.76.070 (Bylaws -- Meetings) and 1985 c 370 s 13;
(8) RCW 28B.76.080 (Members -- Compensation and travel expenses) and
1985 c 370 s 16, 1984 c 287 s 65, 1975-'76 2nd ex.s. c 34 s 77, & 1969
ex.s. c 277 s 12;
(9) RCW 28B.76.200 (Statewide strategic master plan for higher
education -- Institution-level strategic plans) and 2007 c 458 s 201,
2004 c 275 s 6, & 2003 c 130 s 2;
(10) RCW 28B.76.260 (Statewide system of course equivalency -- Work
group) and 2004 c 55 s 3;
(11) RCW 28B.76.280 (Data collection and research -- Privacy
protection) and 2010 1st sp.s. c 7 s 58 & 2004 c 275 s 12;
(12) RCW 28B.76.330 (Coordination, articulation, and transitions
among systems of education -- Biennial updates to legislature) and 2004
c 275 s 17 & 1994 c 222 s 3; and
(13) RCW 28B.76.530 (Board may develop and administer demonstration
projects) and 1989 c 306 s 2.
NEW SECTION. Sec. 243 (1) All powers, duties, and functions of
the higher education coordinating board pertaining to student financial
assistance are transferred to the office of student financial
assistance. All references to the executive director or the higher
education coordinating board in the Revised Code of Washington shall be
construed to mean the director or the office of student financial
assistance when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the higher education
coordinating board pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the office of student
financial assistance. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the higher education
coordinating board in carrying out the powers, functions, and duties
transferred shall be made available to the office of student financial
assistance. All funds, credits, or other assets held in connection
with the powers, functions, and duties transferred shall be assigned to
the office of student financial assistance.
(b) Any appropriations made to the higher education coordinating
board for carrying out the powers, functions, and duties transferred
shall, on the effective date of this section, be transferred and
credited to the office of student financial assistance.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the higher education coordinating board
engaged in performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the office of student financial
assistance. All employees classified under chapter 41.06 RCW, the
state civil service law, are assigned to the office of student
financial assistance to perform their usual duties upon the same terms
as formerly, without any loss of rights, subject to any action that may
be appropriate thereafter in accordance with the laws and rules
governing state civil service.
(4) All rules and all pending business before the higher education
coordinating board pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the office of student
financial assistance. All existing contracts and obligations shall
remain in full force and shall be performed by the office of student
financial assistance.
(5) The transfer of the powers, duties, functions, and personnel of
the higher education coordinating board shall not affect the validity
of any act performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the higher education coordinating
board assigned to the office of student financial assistance under this
section whose positions are within an existing bargaining unit
description at the office of student financial assistance shall become
a part of the existing bargaining unit at the office of student
financial assistance and shall be considered an appropriate inclusion
or modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
NEW SECTION. Sec. 301 On July 1, 2012, the higher education
coordinating board is abolished and the council for higher education is
created, subject to the recommendations of the higher education
steering committee established in section 302, chapter ..., Laws of
2011 1st sp. sess. (section 302 of this act) and implementing
legislation enacted by the 2012 legislature.
NEW SECTION. Sec. 302 (1) The higher education steering
committee is created.
(2) Members of the steering committee include: The governor or the
governor's designee, who shall chair the committee; two members from
the house of representatives, with one from each of the two major
caucuses, appointed by the speaker of the house of representatives; two
members from the senate, with one appointed from each of the two major
caucuses, appointed by the president of the senate; an equal
representation from the key sectors of the higher education system in
the state; and at least two members representing the public as
appointed by the governor.
(3) The steering committee shall review coordination, planning, and
communication for higher education in the state and establish the
purpose and functions of the council for higher education.
Specifically, the steering committee shall consider options for the
following:
(a) Creating an effective and efficient higher education system and
coordinating key sectors including through the P-20 system;
(b) Improving the coordination of institutions of higher education
and sectors with specific attention to strategic planning, system
design, and transfer and articulation;
(c) Improving structures and functions related to administration
and regulation of the state's higher education institutions and
programs, including but not limited to financial aid, the advanced
college tuition payment program, federal grant administration, new
degree program approval, authorization to offer degrees in the state,
reporting performance data, and minimum admission standards; and
(d) The composition and mission of the council for higher
education.
(4) The steering committee shall consider input from higher
education stakeholders, including but not limited to the higher
education coordinating board, the state board for community and
technical colleges, the community and technical colleges system,
private, nonprofit baccalaureate degree-granting institutions, the
office of the superintendent of public instruction, the workforce
training and education coordinating board, the four-year institutions
of higher education, students, faculty, business and labor
organizations, and members of the public.
(5) Staff support for the steering committee must be provided by
the office of financial management.
(6) The steering committee shall report its findings and
recommendations, including proposed legislation, to the governor and
appropriate committees of the legislature by December 1, 2011.
(7) This section expires July 1, 2012.
NEW SECTION. Sec. 401 Section 301 of this act constitutes a new
chapter in Title
NEW SECTION. Sec. 402 Sections 218 through 223 of this act
expire June 30, 2013.
NEW SECTION. Sec. 403 Sections 101 through 242 and 301 of this
act take effect July 1, 2012.
NEW SECTION. Sec. 404 Section 302 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect July 1, 2011."
Correct the title.
EFFECT: Retains the provisions that create an Office of Student
Financial Assistance and that transfer the current financial aid
program management under the Higher Education Coordinating Board to the
new Office of Student Financial Assistance to be effective July 1,
2012.
Eliminates the Higher Education Coordinating Board on July 1, 2012,
and establishes a Council for Higher Education, subject to
recommendations of a Steering Committee on Higher Education and
legislation enacted in 2012.
Creates a Steering Committee on Higher Education to establish the
purpose and functions of the Council for Higher Education to be chaired
by the Governor or her designee and include four legislators and equal
representation from higher education sectors in the state.