BILL REQ. #:  Z-0891.4 

Read first time 01/16/12.   Referred to Committee on Higher Education.

     AN ACT Relating to increasing educational attainment; amending RCW 28B.76.020, 28B.76.090, and 28B.76.110; amending 2011 1st sp.s. c 11 s 403 (uncodified); adding new sections to chapter 28B.76 RCW; adding a new section to chapter 44.28 RCW; adding a new section to chapter 44.04 RCW; creating new sections; repealing RCW 28B.76.080, 28B.76.210, 28B.76.290, 28B.76.310, and 28B.77.005; providing an effective date; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature recognizes that increasing educational attainment is critical to the social and economic well-being of Washington. The legislature intends to create the office of the student achievement council and the student achievement council to provide the focus and set the goals for increasing educational attainment including improving student transitions from secondary to postsecondary education and training and between and among postsecondary institutions.
     The legislature finds that increasing educational attainment is essential for maintaining the health of a democratic society and the competitiveness of the state in the global economy. It is necessary to have educational opportunities that meet both the educational and economic requirements of the state. Increasing educational attainment means Washington needs more students with high school diplomas, postsecondary certificates, associate degrees, bachelor's degrees, and graduate degrees. According to a fall 2010 study by the Georgetown University center on education and the workforce, Washington will rank sixth in the nation in jobs that will require postsecondary education or special training.
     The legislature finds that educational attainment is a powerful predictor of well-being. Students who have completed higher levels of education or training are more likely to achieve success in work or life than those who have not. Education is perhaps the most important engine of economic growth and individual and financial health. Success in growing a stronger economy and democracy and lifting incomes and well-being depends upon increasing educational attainment. It is the intent of the legislature to focus on the increased educational attainment as a key priority and closely track progress towards meeting this goal.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.76 RCW to read as follows:
     (1) The office of the student achievement council is created. The executive director of the office of the student achievement council shall be appointed by the governor with the consent of the senate and hold office at the pleasure of the governor.
     (2) The executive director may employ necessary deputy and assistant directors and other exempt staff under chapter 41.06 RCW who shall serve at the executive director's pleasure on such terms and conditions as he or she determines. Subject to the provisions of chapter 41.06 RCW the executive director may appoint and employ such other employees as may be required for the proper discharge of the functions of the office.

NEW SECTION.  Sec. 3   A new section is added to chapter 28B.76 RCW to read as follows:
     (1) The student achievement council is created.
     (2) The council is composed of nine voting members and two nonvoting members as provided in this subsection.
     (a) Five citizen members shall be appointed by the governor with the consent of the senate. The citizen members shall serve for four-year terms; however, the terms of the initial members shall be staggered.
     (b) A representative of each of the following shall be selected by the respective organizations, who shall serve at the pleasure of the appointing organizations:
     (i) A representative of the four-year institutions of higher education as defined in RCW 28B.10.016, selected by the presidents of those institutions;
     (ii) The state board for community and technical colleges;
     (iii) The superintendent of public instruction; and
     (iv) The workforce training and education coordinating board.
     (c) Two nonvoting members shall be selected, with one member selected by an association of independent schools and another selected from among independent degree-granting institutions.
     (3) The chair shall be selected by the council from among the citizen members appointed to the council. The chair shall serve a one-year term but may serve more than one term if selected to do so by the membership.
     (4) The council shall create advisory committees on an ad hoc basis for the purpose of obtaining input from students, faculty, and higher education experts and practitioners, citizens, business and industry, and labor, and for the purpose of informing their research, policy, and programmatic functions.
     (5) Any vacancies on the council shall be filled in the same manner as the original appointments. Appointments to fill vacancies shall be only for such terms as remain unexpired. Any vacancies among council members appointed by the governor shall be filled by the governor subject to confirmation by the senate and shall have full authority to act before the time the senate acts on their confirmation.
     (6) The council shall provide advice to the office as the office conducts its duties emphasizing the goal of increasing educational attainment.

NEW SECTION.  Sec. 4   (1) To keep a clear focus on improving educational attainment, the office, in consultation with the four-year institutions of higher education and the state board for community and technical colleges, shall recommend changes in statute and rule that are designed to create a focused, streamlined, and efficient organization to:
     (a) Continue duties transferred that promote educational attainment; or
     (b) Eliminate duties held by the higher education coordinating board before the effective date of this section that are no longer applicable or detract from the ability to focus on educational attainment.
     (2) The office shall also review statutes and rules to recommend eliminating duplicative or unduly burdensome requirements on education providers.
     (3) Initial recommendations shall be made to the legislature and the governor not later than October 1, 2012, with final recommendations submitted not later than September 1, 2013.
     (4) This section expires July 1, 2014.

Sec. 5   RCW 28B.76.020 and 2011 1st sp.s. c 11 s 101 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Council" means the student achievement council ((for higher education)).
     (2) "Director" means the director of the office.
     (3) "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))) (4) "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))) (5) "Mission change" means a change in the level of degree awarded or institutional type not currently authorized in statute.
     (((5))) (6) "Office" means the office of ((student financial assistance)) the student achievement council.

NEW SECTION.  Sec. 6   A new section is added to chapter 28B.76 RCW to read as follows:
     The purpose and mission of the office is to set goals for increasing the educational attainment in Washington and to monitor progress toward meeting those goals. Setting these goals links the work of educational programs, schools, and institutions from secondary through postsecondary education and training and through careers. The office must connect the work of the superintendent of public instruction, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, and the four-year institutions of higher education, as well as the independent schools and colleges.

NEW SECTION.  Sec. 7   A new section is added to chapter 28B.76 RCW to read as follows:
     (1)(a) The office must set educational attainment goals both short and long term.
     (b) Educational attainment goals include not only reaching higher levels of educational attainment but earning certificates or degrees that meet workforce needs.
     (c) In setting these goals, the office must collaborate with the superintendent of public instruction, the state board of education, the state board for community and technical colleges, the four-year institutions of higher education, organizations of independent colleges and degree-granting and certificate-granting institutions, and the workforce training and education coordinating board for each to develop a set of integrated measurable goals for each sector's contribution to the overarching goal of increasing educational attainment. Each agency and institution shall continue to have individual goals and strategic plans.
     (d) The office must identify the resources necessary to meet the goals and also recognize current state economic conditions and state resources.
     (e) The office, with the advice of the council, must review and revise these goals every two years with the first review due to the governor and legislature by December 1, 2013.
     (2)(a) The office must conduct strategic planning for meeting the goal of increasing educational attainment. The strategic plan must include meeting the needs of creating an educated citizenry for a democracy and the current and future requirement to meet the workforce needs for a vigorous economy. The strategic plan shall be the result of collaboration with agencies and stakeholders, and include input from the legislature.
     (b) The plan shall be updated every two years, with the initial plan due by December 1, 2014.
     (3) As needed, the office must conduct system reviews consistent with RCW 28B.76.230.
     (4) The office must facilitate the development and expansion of innovative practices within, between, and among the sectors to increase educational attainment, including accountability measures to determine the effectiveness of the innovations.
     (5) The office must review the data and analysis produced by the educational data center created in RCW 43.41.400 in developing policy recommendations and setting goals. In conducting research and analysis the office at a minimum must:
     (a) Identify barriers to increasing educational attainment, evaluate effectiveness of various educational models, identify best practices, and recommend methods to overcome barriers;
     (b) Analyze data from multiple sources including data from academic research and from areas and agencies outside of education including but not limited to data from the department of health, the department of corrections, and the department of social and health services, to determine best practices to remove barriers and to improve educational attainment;
     (c) Assess educational achievement disaggregated by income level, age, gender, race and ethnicity, country of origin, and other relevant demographic groups working with the education data center;
     (d) Track progress toward meeting the state's goals; and
     (e) Communicate results and provide access to data analysis to policymakers, the superintendent of public instruction, institutions of higher education, students, and the public.
     (6) The office must improve student transitions and success including but not limited to:
     (a) Setting minimum college admission standards for four-year institutions of higher education, including a requirement that coursework in American sign language or an American Indian language satisfies any requirement for instruction in a language other than English that the office or the institutions may establish as a general undergraduate admissions requirement;
     (b) Developing programs to encourage students to prepare for, understand how to access, and pursue postsecondary college and career programs;
     (c) Recommending policies that require coordination between or among sectors such as dual high school-college programs, awarding college credit for advanced high school work, and transfer between two and four-year institutions of higher education or between different four-year institutions of higher education; and
     (d) Identifying transitions issues and solutions for students, from high school to postsecondary education including community and technical colleges, four-year institutions of higher education, apprenticeships, training, or workplace education; between two-year and four-year institutions of higher education; and from postsecondary education to career. In addressing these issues the office must recognize that these transitions may occur multiple times as students continue their education.
     (7) The office must administer student financial aid programs under RCW 28B.76.090, including but not limited to the state need grant, college bound and other scholarships, the guaranteed education tuition program, and work study programs.
     (8) The office must administer state and federal grants and programs including but not limited to those programs that provide incentives for improvements related to increased access and success in postsecondary education.
     (9) The office must protect consumers including:
     (a) Approving private, degree-granting postsecondary institutions consistent with existing statutory criteria; and
     (b) Approving programs that are eligible programs for students to use federal benefits such as veterans' benefits.
     (10) The office must implement statutory residency requirements through adopting rules.

NEW SECTION.  Sec. 8   A new section is added to chapter 28B.76 RCW to read as follows:
     Members of the council shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 9   RCW 28B.76.090 and 2011 1st sp.s. c 11 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)) must 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 office shall employ a director who shall serve at the pleasure of the governor and shall administer the provisions of this chapter. The director shall: (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 (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 office.))

Sec. 10   RCW 28B.76.110 and 2004 c 275 s 5 are each amended to read as follows:
     The ((higher education coordinating board)) office is designated as the state commission as provided for in Section 1202 of the education amendments of 1972 (Public Law 92-318), as now or hereafter amended; and shall perform such functions as is necessary to comply with federal directives pertaining to the provisions of such law.

NEW SECTION.  Sec. 11   A new section is added to chapter 44.28 RCW to read as follows:
     The joint committee shall conduct a review of the office of the student achievement council and its functions. The joint committee and the office of the student achievement council must collaborate to identify performance measures and goals by which the student achievement council will be evaluated. The joint committee shall present its findings to the legislature by December 1, 2019.

NEW SECTION.  Sec. 12   A new section is added to chapter 44.04 RCW to read as follows:
     (1) A joint select legislative committee on student achievement is established.
     (2) Members of the joint select committee shall be appointed and reappointed before the close of each regular legislative session during odd-numbered years from members serving on education, higher education, workforce development, or appropriations committees as follows:
     (a) The president of the senate shall appoint four members from each of the two largest caucuses of the senate; and
     (b) The speaker of the house of representatives shall appoint four members from each of the two largest caucuses of the house of representatives.
     (3) The committee shall choose its chair and vice chair. The chair and vice chair may not be members of the same political party. The chair shall alternate between members of the majority parties in the senate and the house of representatives.
     (4) The committee shall review the work of the office of the student achievement council and make policy and budget recommendations on improving educational attainment in Washington.
     (5) Staff support for the committee shall be provided by senate committee services and house of representatives office of program research.
     (6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120.
     (7) The expenses of the committee shall be paid jointly by the senate and the house of representatives. Committee expenditures are subject to approval by the senate facilities and operations committee and the house executive rules committee, or their successor committees.
     (8) The committee shall report its findings and recommendations to the governor and to committees of the legislature related to education, higher education, workforce development, and appropriations each year by December 1st.

NEW SECTION.  Sec. 13   A new section is added to chapter 28B.76 RCW to read as follows:
     (1) The higher education coordinating board is hereby abolished and its powers, duties, and functions are hereby transferred to the office of the student achievement council. All references to the executive director or the higher education coordinating board in the Revised Code of Washington shall be construed to mean the executive director or the office of the student achievement council.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the higher education coordinating board shall be delivered to the custody of the office of the student achievement council. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education coordinating board shall be made available to the office of the student achievement council. All funds, credits, or other assets held by the higher education coordinating board shall be assigned to the office of the student achievement council.
     (b) Any appropriations made to the higher education coordinating board shall, on the effective date of this section, be transferred and credited to the office of the student achievement council.
     (c) If 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 are transferred to the jurisdiction of the office of the student achievement council subject to review by the executive director of the office. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the student achievement council 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 shall be continued and acted upon by the office of the student achievement council. All existing contracts and obligations shall remain in full force and shall be performed by the office of the student achievement council.
     (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 the student achievement council under this section whose positions are within an existing bargaining unit description at the office of the student achievement council shall become a part of the existing bargaining unit at the office of the student achievement council 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. 14   The following acts or parts of acts are each repealed:
     (1) 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;
     (2) RCW 28B.76.210 (Budget priorities and levels of funding--Guidelines for institutions -- Review and evaluation of budget requests--Prioritized list -- Recommendations) and 2011 1st sp.s. c 11 s 104, 2010 c 245 s 10, 2008 c 205 s 4, 2007 c 458 s 202, 2004 c 275 s 7, 2003 c 130 s 3, 1997 c 369 s 10, 1996 c 174 s 1, 1993 c 363 s 6, & 1985 c 370 s 4;
     (3) RCW 28B.76.290 (Coordination of activities with segments of higher education) and 1993 c 77 s 2, 1992 c 60 s 3, 1988 c 172 s 4, & 1985 c 370 s 6;
     (4) RCW 28B.76.310 (Development of methods and protocols for measuring educational costs) and 2011 1st sp.s. c 11 s 105, 2004 c 275 s 15, 1995 1st sp.s. c 9 s 7, 1992 c 231 s 5, & 1989 c 245 s 3; and
     (5) RCW 28B.77.005 (Council for higher education created -- Higher education coordinating board abolished) and 2011 1st sp.s. c 11 s 301.

Sec. 15   2011 1st sp.s. c 11 s 403 (uncodified) is amended to read as follows:
     Sections ((101 through 103,)) 106 through 202, 204 through 244, and 301 of this act take effect July 1, 2012.

NEW SECTION.  Sec. 16   Sections 1 through 14 of this act and section 103, chapter 11, Laws of 2011 1st sp. sess. are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2012.

NEW SECTION.  Sec. 17   Section 15 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 immediately.