BILL REQ. #: S-1865.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 03/16/11.
AN ACT Relating to establishing the office of student financial assistance by eliminating the higher education coordinating board and transferring its functions to various entities; amending RCW 28B.76.020, 28B.76.090, 28B.76.120, 28B.76.500, 28B.76.505, 28B.76.510, 28B.76.520, 28B.76.525, 28B.76.540, 28B.76.560, 28B.76.565, 28B.76.570, 28B.76.575, 28B.76.605, 28B.76.610, 28B.76.615, 28B.76.620, 28B.76.640, 28B.76.645, 28B.76.650, 28B.76.660, 28B.76.670, 28B.76.690, 28A.600.120, 28A.600.130, 28A.600.140, 28A.600.150, 28A.230.125, 28A.600.285, 28A.630.400, 28A.650.015, 28A.660.050, 28B.04.080, 28B.07.020, 28B.07.030, 28B.10.786, 28B.10.790, 28B.10.792, 28B.10.840, 28B.12.030, 28B.12.040, 28B.12.050, 28B.12.055, 28B.12.060, 28B.12.070, 28B.15.012, 28B.15.013, 28B.15.015, 28B.15.100, 28B.15.543, 28B.15.732, 28B.15.752, 28B.15.760, 28B.15.762, 28B.50.272, 28B.92.020, 28B.92.040, 28B.92.050, 28B.92.060, 28B.92.084, 28B.92.120, 28B.92.130, 28B.92.140, 28B.92.150, 28B.95.020, 28B.95.025, 28B.95.030, 28B.95.040, 28B.95.060, 28B.95.160, 28B.97.010, 28B.97.020, 28B.102.020, 28B.102.030, 28B.102.040, 28B.102.050, 28B.102.055, 28B.102.060, 28B.102.080, 28B.105.020, 28B.105.040, 28B.105.050, 28B.105.070, 28B.105.100, 28B.105.110, 28B.106.010, 28B.106.070, 28B.108.010, 28B.108.020, 28B.108.030, 28B.108.060, 28B.109.010, 28B.109.020, 28B.109.030, 28B.109.040, 28B.109.050, 28B.109.060, 28B.109.070, 28B.109.080, 28B.115.020, 28B.115.030, 28B.115.050, 28B.115.070, 28B.115.080, 28B.115.090, 28B.115.120, 28B.115.130, 28B.115.140, 28B.116.010, 28B.116.020, 28B.116.030, 28B.116.050, 28B.116.060, 28B.116.070, 28B.117.020, 28B.117.030, 28B.117.040, 28B.117.050, 28B.117.060, 28B.117.070, 28B.118.010, 28B.118.020, 28B.118.040, 28B.118.050, 28B.118.060, 28B.119.010, 28B.119.020, 28B.119.030, 28B.119.050, 28B.120.010, 28B.120.020, 28B.120.025, 28B.120.030, 28B.120.040, 28B.133.030, 28B.133.040, 28B.133.050, 28B.135.010, 28B.135.030, 28B.135.040, 28C.18.166, 39.86.130, 42.17.2401, 42.17A.705, 43.41.400, 43.105.825, 74.13.570, 28B.76.210, 28B.76.230, 28B.76.290, 28B.76.300, 28B.76.310, 28B.76.320, 28B.76.335, 28B.76.340, 28B.10.020, 28B.15.460, 28B.20.130, 28B.20.280, 28B.30.150, 28B.30.500, 28B.35.120, 28B.35.205, 28B.35.215, 28B.38.010, 28B.40.120, 28B.40.206, 28B.45.014, 28B.45.020, 28B.45.030, 28B.45.040, 28B.45.060, 28B.50.140, 28B.50.810, 28B.65.050, 28B.85.010, 28B.85.020, 28B.85.030, 28B.85.040, 28B.85.050, 28B.85.060, 28B.85.070, 28B.85.080, 28B.85.090, 28B.85.100, 28B.85.130, 28B.85.170, 28B.90.010, 28B.90.020, 28B.90.030, 28B.110.030, 28B.110.040, 47.80.090, 35.104.020, 35.104.040, 43.06.115, 9A.60.070, 18.260.110, 28A.600.280, 28A.600.290, 28A.600.310, 28A.600.390, 28A.700.020, 28A.700.060, 28B.07.040, 28B.10.056, 28B.10.125, 28B.10.682, 28B.10.784, 28B.15.068, 28B.15.069, 28B.15.730, 28B.15.734, 28B.15.750, 28B.15.754, 28B.15.756, 28B.15.758, 28B.20.308, 28B.20.478, 28B.30.530, 28B.45.080, 28B.65.040, 28B.67.010, 28B.103.030, 28C.10.030, 28C.10.040, 28C.18.030, 28C.18.060, 28C.18.132, 28C.18.134, 43.09.440, 43.43.934, 43.43.938, 43.60A.151, 43.88.090, 43.88D.010, 43.105.400, 43.215.090, 43.330.310, 43.330.375, and 70.180.110; reenacting and amending RCW 28B.50.030, 28B.92.030, 28B.115.110, 28A.230.100, and 43.330.280; adding a new section to chapter 41.06 RCW; adding new sections to chapter 43.41 RCW; adding a new section to chapter 28B.76 RCW; adding a new section to chapter 28B.10 RCW; adding a new chapter to Title 28B RCW; creating new sections; recodifying RCW 28B.76.210, 28B.76.300, and 28B.76.310; repealing RCW 28B.15.736, 28B.76.010, 28B.76.030, 28B.76.040, 28B.76.050, 28B.76.060, 28B.76.070, 28B.76.080, 28B.76.200, 28B.76.240, 28B.76.2401, 28B.76.250, 28B.76.260, 28B.76.270, 28B.76.280, 28B.76.330, 28B.76.530, 28B.115.060, 28B.10.920, 28B.10.921, 28B.10.922, 28B.15.465, 28B.10.5691, and 28B.15.796; providing effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 2003 c 232 s 6 are each amended to
read as follows:
(1) The governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges
shall charge to and collect from each of the students registering at
the particular institution for any quarter or semester such tuition
fees and services and activities fees, and other fees as such board
shall in its discretion determine. The total of all fees shall be
rounded to the nearest whole dollar amount: PROVIDED, That such
tuition fees shall be established in accordance with 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 council for higher education ((coordinating board)).
(2) (("Board" means the higher education coordinating board.)) "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.
(3)
(3) "Office" means the office of student financial assistance.
(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.
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.50.030 and 2009 c 353 s 1, 2009 c 151 s 3, and
2009 c 64 s 3 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Adult education" means all education or instruction, including
academic, vocational education or training, basic skills and literacy
training, and "occupational education" provided by public educational
institutions, including common school districts for persons who are
eighteen years of age and over or who hold a high school diploma or
certificate. However, "adult education" shall not include academic
education or instruction for persons under twenty-one years of age who
do not hold a high school degree or diploma and who are attending a
public high school for the sole purpose of obtaining a high school
diploma or certificate, nor shall "adult education" include education
or instruction provided by any four-year public institution of higher
education.
(2) "Applied baccalaureate degree" means a baccalaureate degree
awarded by a college under RCW 28B.50.810 for successful completion of
a program of study that is:
(a) Specifically designed for individuals who hold an associate of
applied science degree, or its equivalent, in order to maximize
application of their technical course credits toward the baccalaureate
degree; and
(b) Based on a curriculum that incorporates both theoretical and
applied knowledge and skills in a specific technical field.
(3) "Board" means the workforce training and education coordinating
board.
(4) "Board of trustees" means the local community and technical
college board of trustees established for each college district within
the state.
(5) "Center of excellence" means a community or technical college
designated by the college board as a statewide leader in
industry-specific, community and technical college workforce education
and training.
(6) "College board" means the state board for community and
technical colleges created by this chapter.
(7) "Common school board" means a public school district board of
directors.
(8) "Community college" includes those higher education
institutions that conduct education programs under RCW 28B.50.020.
(9) "Director" means the administrative director for the state
system of community and technical colleges.
(10) "Dislocated forest product worker" means a forest products
worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in
the individual's principal occupation or previous industry because of
a diminishing demand for his or her skills in that occupation or
industry; or (ii) is self-employed and has been displaced from his or
her business because of the diminishing demand for the business'
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural resources
impact area.
(11) "Dislocated salmon fishing worker" means a finfish products
worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in
the individual's principal occupation or previous industry because of
a diminishing demand for his or her skills in that occupation or
industry; or (ii) is self-employed and has been displaced from his or
her business because of the diminishing demand for the business's
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural resources
impact area.
(12) "District" means any one of the community and technical
college districts created by this chapter.
(13) "Forest products worker" means a worker in the forest products
industries affected by the reduction of forest fiber enhancement,
transportation, or production. The workers included within this
definition shall be determined by the employment security department,
but shall include workers employed in the industries assigned the major
group standard industrial classification codes "24" and "26" and the
industries involved in the harvesting and management of logs,
transportation of logs and wood products, processing of wood products,
and the manufacturing and distribution of wood processing and logging
equipment. The commissioner may adopt rules further interpreting these
definitions. For the purposes of this subsection, "standard industrial
classification code" means the code identified in RCW 50.29.025(3).
(14) "High employer demand program of study" means an
apprenticeship, or an undergraduate or graduate certificate or degree
program in which the number of students prepared for employment per
year from in-state institutions is substantially less than the number
of projected job openings per year in that field, statewide or in a
substate region.
(15) "K-12 system" means the public school program including
kindergarten through the twelfth grade.
(16) "Occupational education" means education or training that will
prepare a student for employment that does not require a baccalaureate
degree, and education and training that will prepare a student for
transfer to bachelor's degrees in professional fields, subject to rules
adopted by the college board.
(17) "Qualified institutions of higher education" means:
(a) Washington public community and technical colleges;
(b) Private career schools that are members of an accrediting
association recognized by rule of the council for higher education
((coordinating board)) for the purposes of chapter 28B.92 RCW; and
(c) Washington state apprenticeship and training council-approved
apprenticeship programs.
(18) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990 decennial
census, that meets three of the five criteria set forth in subsection
(19) of this section;
(b) A nonmetropolitan county with a population of less than forty
thousand in the 1990 decennial census, that meets two of the five
criteria as set forth in subsection (19) of this section; or
(c) A nonurbanized area, as defined by the 1990 decennial census,
that is located in a metropolitan county that meets three of the five
criteria set forth in subsection (19) of this section.
(19) For the purposes of designating rural natural resources impact
areas, the following criteria shall be considered:
(a) A lumber and wood products employment location quotient at or
above the state average;
(b) A commercial salmon fishing employment location quotient at or
above the state average;
(c) Projected or actual direct lumber and wood products job losses
of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing job losses
of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above the state
average. The counties that meet these criteria shall be determined by
the employment security department for the most recent year for which
data is available. For the purposes of administration of programs
under this chapter, the United States post office five-digit zip code
delivery areas will be used to determine residence status for
eligibility purposes. For the purpose of this definition, a zip code
delivery area of which any part is ten miles or more from an urbanized
area is considered nonurbanized. A zip code totally surrounded by zip
codes qualifying as nonurbanized under this definition is also
considered nonurbanized. The office of financial management shall make
available a zip code listing of the areas to all agencies and
organizations providing services under this chapter.
(20) "Salmon fishing worker" means a worker in the finfish industry
affected by 1994 or future salmon disasters. The workers included
within this definition shall be determined by the employment security
department, but shall include workers employed in the industries
involved in the commercial and recreational harvesting of finfish
including buying and processing finfish. The commissioner may adopt
rules further interpreting these definitions.
(21) "System" means the state system of community and technical
colleges, which shall be a system of higher education.
(22) "Technical college" includes those higher education
institutions with the mission of conducting occupational education,
basic skills, literacy programs, and offering on short notice, when
appropriate, programs that meet specific industry needs. For purposes
of this chapter, technical colleges shall include Lake Washington
Vocational-Technical Institute, Renton Vocational-Technical Institute,
Bates Vocational-Technical Institute, Clover Park Vocational Institute,
and Bellingham Vocational-Technical Institute.
Sec. 157 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. 158 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. 159 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. 160 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. 161 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. 162 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. 163 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. 164 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. 165 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. 166 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. 167 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. 168 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. 169 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. 170 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. 171 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. 172 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. 173 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. 174 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. 175 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. 176 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. 177 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. 178 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. 179 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. 180 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. 181 RCW 28B.102.060 and 2004 c 58 s 7 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 annually 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 accruing quarterly commencing six months from
the date the participant completes or discontinues the course of study.
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 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. 182 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. 183 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. 184 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. 185 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. 186 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. 187 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. 188 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. 189 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. 190 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. 191 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. 192 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. 193 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. 194 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. 195 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. 196 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. 197 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. 198 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. 199 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. 200 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. 201 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. 202 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. 203 RCW 28B.115.020 and 1991 c 332 s 15 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((, or until June 1, 1992, as provided for in RCW
28B.115.060)). 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((, or until June 1, 1992, as established in RCW
28B.115.060)) 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. 204 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. 205 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. 206 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. 207 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. 208 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. 209 RCW 28B.115.110 and 1991 c 332 s 24 and 1991 c 164 s 8
are each reenacted and 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 in addition to any payments on the
unsatisfied portion of the principal and interest. The ((board))
office shall determine the applicability of this subsection.
(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.
Sec. 210 RCW 28B.115.120 and 1993 c 423 s 2 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 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 eight percent for the first four
years of repayment and ten percent beginning with the fifth year of
repayment.
(3) The period for repayment shall coincide with the required
service obligation, with payments of principal and interest accruing
quarterly commencing no later than nine months from the date the
participant completes or discontinues the course of study or completes
or discontinues the required residency. 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,
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. Except for
circumstances beyond their control, participants who serve less than
the required service obligation shall be obliged to repay to the
program an amount equal to twice the total amount paid by the program
on their behalf.
(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 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.
(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 with the ((board)) office and shall be used to cover
the costs of granting the 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 scholarships to eligible students.
(7) 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.
(8) 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.
Sec. 211 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. 212 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. 213 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 council for 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. 214 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. 215 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. 216 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. 217 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. 218 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. 219 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 council for 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)) 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, 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. 220 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. 221 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. 222 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. 223 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. 224 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. 225 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. 226 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. 227 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. 228 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. 229 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. 230 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. 231 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. 232 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. 233 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. 234 RCW 28B.120.010 and 2010 c 245 s 7 are each amended to
read as follows:
The Washington fund for innovation and quality in higher education
program is established. The council for higher education
((coordinating board)) shall administer the program and shall work in
close collaboration with the state board for community and technical
colleges and other local and regional entities. Through this program
the council for higher education ((coordinating board)) may award on a
competitive basis incentive grants to state public or private nonprofit
institutions of higher education or consortia of institutions to
encourage programs designed to address specific system problems. Each
institution or consortia of institutions receiving the award shall
contribute some financial support, either by covering part of the costs
for the program during its implementation, or by assuming continuing
support at the end of the grant period. Strong priority will be given
to proposals that involve more than one sector of education.
Institutions are encouraged to solicit nonstate funds to support these
cooperative programs.
Sec. 235 RCW 28B.120.020 and 2010 c 245 s 8 are each amended to
read as follows:
The council for 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))
council for higher education 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. 236 RCW 28B.120.025 and 1999 c 169 s 4 are each amended to
read as follows:
The state board for community and technical colleges has the
following powers and duties in administering the program for those
proposals in which a community or technical college is named as the
lead institution and fiscal agent:
(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 committee shall
include individuals with significant experience in higher education in
areas relevant to one or more of the funding period priorities and
shall include representatives from both the four-year and two-year
sectors of higher education;
(3) To award grants no later than September 1st in those years when
funding is available by June 30th;
(4) To establish each biennium specific guidelines for submitting
grant proposals consistent with the overall goals of the program and
consistent with the guidelines established by the council for higher
education ((coordinating board)) under RCW 28B.120.020. During the
1999-01 biennium the guidelines shall be consistent with the following
desired outcomes of:
(a) Minority and diversity initiatives that encourage the
participation of minorities in higher education, including students
with disabilities;
(b) K-12 teacher preparation models that encourage collaboration
between higher education and K-12 to improve the preparedness of
teachers, including provisions for higher education faculty involved
with teacher preparation to spend time teaching in K-12 schools;
(c) Collaborative instructional programs involving K-12, community
and technical colleges, and four-year institutions of higher education
to develop a three-year degree program, or reduce the time to degree;
(d) Contracts with public or private institutions or businesses to
provide services or the development of collaborative programs;
(e) Articulation and transfer activities to smooth the transfer of
students from K-12 to higher education, or from the community colleges
and technical colleges to four-year institutions;
(f) Projects that further the development of learner-centered,
technology-assisted course delivery; and
(g) Projects that further the development of competency-based
measurements of student achievement to be used as the basis for
awarding degrees and certificates;
(5) To solicit grant proposals and provide information to the
community and technical colleges and private career schools; and
(6) To establish reporting, evaluation, accountability, monitoring,
and dissemination requirements for the recipients of the grants awarded
by the state board for community and technical colleges.
Sec. 237 RCW 28B.120.030 and 1999 c 169 s 6 are each amended to
read as follows:
The ((higher education coordinating board and the)) state board for
community and technical colleges may solicit and receive such gifts,
grants, and endowments from public or private sources as may be made
from time to time, in trust or otherwise, for the use and benefit of
the purposes of the program and may expend the same or any income
therefrom according to the terms of the gifts, grants, or endowments.
Sec. 238 RCW 28B.120.040 and 1999 c 169 s 7 are each amended to
read as follows:
The ((higher education coordinating board)) fund for innovation and
quality is hereby established in the custody of the state treasurer.
The council for higher education ((coordinating board)) shall deposit
in the fund all moneys received under RCW 28B.120.030. Moneys in the
fund may be spent only for the purposes of RCW 28B.120.010 and
28B.120.020. Disbursements from the fund shall be on the authorization
of the council for higher education ((coordinating board)). The fund
is subject to the allotment procedure provided under chapter 43.88 RCW,
but no appropriation is required for disbursements.
Sec. 239 RCW 28B.133.030 and 2003 c 19 s 4 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
42.17.710.
(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. 240 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. 241 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. 242 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. 243 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. 244 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. 245 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. 246 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.
Sec. 247 RCW 42.17.2401 and 2009 c 565 s 24 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
commerce, the secretary of corrections, the director of early learning,
the director of ecology, the commissioner of employment security, the
chair of the energy facility site evaluation council, the secretary of
the state finance committee, the director of financial management, the
director of fish and wildlife, the executive secretary of the forest
practices appeals board, the director of the gambling commission, the
director of general administration, the secretary of health, the
administrator of the Washington state health care authority, the
executive secretary of the health care facilities authority, the
executive secretary of the higher education facilities authority, the
executive secretary of the horse racing commission, the executive
secretary of the human rights commission, the executive secretary of
the indeterminate sentence review board, the director of the department
of information services, the executive director of the state investment
board, the director of labor and industries, the director of licensing,
the director of the lottery commission, the director of the office of
minority and women's business enterprises, the director of parks and
recreation, the director of personnel, the executive director of the
public disclosure commission, the executive director of the Puget Sound
partnership, the director of the recreation and conservation office,
the director of retirement systems, the director of revenue, the
secretary of social and health services, the chief of the Washington
state patrol, the executive secretary of the board of tax appeals, the
secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the
president of each of the regional and state universities and the
president of The Evergreen State College, and each district and each
campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, committee for deferred
compensation, Eastern Washington University board of trustees,
Washington economic development finance authority, The Evergreen State
College board of trustees, executive ethics board, forest practices
appeals board, forest practices board, gambling commission, life
sciences discovery fund authority board of trustees, Washington health
care facilities authority, each member of the Washington health
services commission, ((higher education coordinating board,)) higher
education facilities authority, horse racing commission, state housing
finance commission, human rights commission, indeterminate sentence
review board, board of industrial insurance appeals, information
services board, recreation and conservation funding board, state
investment board, commission on judicial conduct, legislative ethics
board, liquor control board, lottery commission, marine oversight
board, Pacific Northwest electric power and conservation planning
council, parks and recreation commission, board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearings board,
public employees' benefits board, salmon recovery funding board, board
of tax appeals, transportation commission, University of Washington
board of regents, utilities and transportation commission, Washington
state maritime commission, Washington personnel resources board,
Washington public power supply system executive board, Washington State
University board of regents, Western Washington University board of
trustees, and fish and wildlife commission.
Sec. 248 RCW 42.17A.705 and 2010 c 204 s 902 are each amended to
read as follows:
For the purposes of RCW 42.17A.700, "executive state officer"
includes:
(1) The chief administrative law judge, the director of
agriculture, the director of the department of services for the blind,
the director of the state system of community and technical colleges,
the director of commerce, the secretary of corrections, the director of
early learning, the director of ecology, the commissioner of employment
security, the chair of the energy facility site evaluation council, the
secretary of the state finance committee, the director of financial
management, the director of fish and wildlife, the executive secretary
of the forest practices appeals board, the director of the gambling
commission, the director of general administration, the secretary of
health, the administrator of the Washington state health care
authority, the executive secretary of the health care facilities
authority, the executive secretary of the higher education facilities
authority, the executive secretary of the horse racing commission, the
executive secretary of the human rights commission, the executive
secretary of the indeterminate sentence review board, the director of
the department of information services, the executive director of the
state investment board, the director of labor and industries, the
director of licensing, the director of the lottery commission, the
director of the office of minority and women's business enterprises,
the director of parks and recreation, the director of personnel, the
executive director of the public disclosure commission, the executive
director of the Puget Sound partnership, the director of the recreation
and conservation office, the director of retirement systems, the
director of revenue, the secretary of social and health services, the
chief of the Washington state patrol, the executive secretary of the
board of tax appeals, the secretary of transportation, the secretary of
the utilities and transportation commission, the director of veterans
affairs, the president of each of the regional and state universities
and the president of The Evergreen State College, and each district and
each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, Eastern Washington
University board of trustees, Washington economic development finance
authority, Washington energy northwest executive board, The Evergreen
State College board of trustees, executive ethics board, fish and
wildlife commission, forest practices appeals board, forest practices
board, gambling commission, Washington health care facilities
authority, ((higher education coordinating board,)) higher education
facilities authority, horse racing commission, state housing finance
commission, human rights commission, indeterminate sentence review
board, board of industrial insurance appeals, information services
board, state investment board, commission on judicial conduct,
legislative ethics board, life sciences discovery fund authority board
of trustees, liquor control board, lottery commission, Pacific
Northwest electric power and conservation planning council, parks and
recreation commission, Washington personnel resources board, board of
pilotage commissioners, pollution control hearings board, public
disclosure commission, public employees' benefits board, recreation and
conservation funding board, salmon recovery funding board, shorelines
hearings board, board of tax appeals, transportation commission,
University of Washington board of regents, utilities and transportation
commission, Washington State University board of regents, and Western
Washington University board of trustees.
Sec. 249 RCW 43.41.400 and 2009 c 548 s 201 are each amended to
read as follows:
(1) An education data center shall be established in the office of
financial management. The education data center shall jointly, with
the legislative evaluation and accountability program committee,
conduct collaborative analyses of early learning, K-12, and higher
education programs and education issues across the P-20 system, which
includes the department of early learning, the superintendent of public
instruction, the professional educator standards board, the state board
of education, the state board for community and technical colleges, the
workforce training and education coordinating board, the council for
higher education ((coordinating board)), public and private nonprofit
four-year institutions of higher education, and the employment security
department. The education data center shall conduct collaborative
analyses under this section with the legislative evaluation and
accountability program committee and provide data electronically to the
legislative evaluation and accountability program committee, to the
extent permitted by state and federal confidentiality requirements.
The education data center shall be considered an authorized
representative of the state educational agencies in this section under
applicable federal and state statutes for purposes of accessing and
compiling student record data for research purposes.
(2) The education data center shall:
(a) In consultation with the legislative evaluation and
accountability program committee and the agencies and organizations
participating in the education data center, identify the critical
research and policy questions that are intended to be addressed by the
education data center and the data needed to address the questions;
(b) Coordinate with other state education agencies to compile and
analyze education data, including data on student demographics that is
disaggregated by distinct ethnic categories within racial subgroups,
and complete P-20 research projects;
(c) Collaborate with the legislative evaluation and accountability
program committee and the education and fiscal committees of the
legislature in identifying the data to be compiled and analyzed to
ensure that legislative interests are served;
(d) Annually provide to the K-12 data governance group a list of
data elements and data quality improvements that are necessary to
answer the research and policy questions identified by the education
data center and have been identified by the legislative committees in
(c) of this subsection. Within three months of receiving the list, the
K-12 data governance group shall develop and transmit to the education
data center a feasibility analysis of obtaining or improving the data,
including the steps required, estimated time frame, and the financial
and other resources that would be required. Based on the analysis, the
education data center shall submit, if necessary, a recommendation to
the legislature regarding any statutory changes or resources that would
be needed to collect or improve the data;
(e) Monitor and evaluate the education data collection systems of
the organizations and agencies represented in the education data center
ensuring that data systems are flexible, able to adapt to evolving
needs for information, and to the extent feasible and necessary,
include data that are needed to conduct the analyses and provide
answers to the research and policy questions identified in (a) of this
subsection;
(f) Track enrollment and outcomes through the public centralized
higher education enrollment system;
(g) Assist other state educational agencies' collaborative efforts
to develop a long-range enrollment plan for higher education including
estimates to meet demographic and workforce needs;
(h) Provide research that focuses on student transitions within and
among the early learning, K-12, and higher education sectors in the P-20 system; and
(i) Make recommendations to the legislature as necessary to help
ensure the goals and objectives of this section and RCW 28A.655.210 and
28A.300.507 are met.
(3) The department of early learning, superintendent of public
instruction, professional educator standards board, state board of
education, state board for community and technical colleges, workforce
training and education coordinating board, council for higher education
((coordinating board)), public four-year institutions of higher
education, and employment security department shall work with the
education data center to develop data-sharing and research agreements,
consistent with applicable security and confidentiality requirements,
to facilitate the work of the center. Private, nonprofit institutions
of higher education that provide programs of education beyond the high
school level leading at least to the baccalaureate degree and are
accredited by the Northwest association of schools and colleges or
their peer accreditation bodies may also develop data-sharing and
research agreements with the education data center, consistent with
applicable security and confidentiality requirements. The education
data center shall make data from collaborative analyses available to
the education agencies and institutions that contribute data to the
education data center to the extent allowed by federal and state
security and confidentiality requirements applicable to the data of
each contributing agency or institution.
Sec. 250 RCW 43.105.825 and 2004 c 275 s 62 are each amended to
read as follows:
(1) In overseeing the technical aspects of the K-20 network, the
information services board is not intended to duplicate the statutory
responsibilities of the council for higher education ((coordinating
board)), the superintendent of public instruction, the information
services board, the state librarian, or the governing boards of the
institutions of higher education.
(2) The board may not interfere in any curriculum or legally
offered programming offered over the network.
(3) The responsibility to review and approve standards and common
specifications for the network remains the responsibility of the
information services board under RCW 43.105.041.
(4) The coordination of telecommunications planning for the common
schools remains the responsibility of the superintendent of public
instruction. Except as set forth in RCW 43.105.041(1)(d), the board
may recommend, but not require, revisions to the superintendent's
telecommunications plans.
Sec. 251 RCW 74.13.570 and 2005 c 93 s 2 are each amended to read
as follows:
(1) The department shall establish an oversight committee composed
of staff from the children's administration of the department, the
office of the superintendent of public instruction, the council for
higher education ((coordinating board)), foster youth, former foster
youth, foster parents, and advocacy agencies to develop strategies for
maintaining foster children in the schools they were attending at the
time they entered foster care and to promote opportunities for foster
youth to participate in postsecondary education or training.
(2) The duties of the oversight committee shall include, but are
not limited to:
(a) Developing strategies for school-based recruitment of foster
homes;
(b) Monitoring the progress of current pilot projects that assist
foster children to continue attending the schools they were attending
at the time they entered foster care;
(c) Overseeing the expansion of the number of pilot projects;
(d) Promoting the use of best practices, throughout the state,
demonstrated by the pilot projects and other programs relating to
maintaining foster children in the schools they were attending at the
time they entered foster care;
(e) Informing the legislature of the status of efforts to maintain
foster children in the schools they were attending at the time they
entered foster care;
(f) Assessing the scope and nature of statewide need among current
and former foster youth for assistance to pursue and participate in
postsecondary education or training opportunities;
(g) Identifying available sources of funding available in the state
for services to former foster youth to pursue and participate in
postsecondary education or training opportunities;
(h) Reviewing the effectiveness of activities in the state to
support former foster youth to pursue and participate in postsecondary
education or training opportunities;
(i) Identifying new activities, or existing activities that should
be modified or expanded, to best meet statewide needs; and
(j) Reviewing on an ongoing basis the progress toward improving
educational and vocational outcomes for foster youth.
NEW SECTION. Sec. 252 The following acts or parts of acts are
each repealed:
(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.76.240 (Statewide transfer and articulation policies)
and 2004 c 275 s 10, 1998 c 245 s 23, 1985 c 370 s 27, & 1983 c 304 s
1;
(11) RCW 28B.76.2401 (Statewide transfer of credit policy and
agreement -- Requirements) and 2004 c 55 s 5 & 1983 c 304 s 2;
(12) RCW 28B.76.250 (Transfer associate degrees -- Work groups--Implementation -- Progress reports) and 2004 c 55 s 2;
(13) RCW 28B.76.260 (Statewide system of course equivalency -- Work
group) and 2004 c 55 s 3;
(14) RCW 28B.76.270 (Accountability monitoring and reporting
system -- Institution biennial plans and performance targets -- Biennial
reports to the legislature) and 2004 c 275 s 11;
(15) RCW 28B.76.280 (Data collection and research -- Privacy
protection) and 2010 1st sp.s. c 7 s 58 & 2004 c 275 s 12;
(16) 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;
(17) RCW 28B.76.530 (Board may develop and administer demonstration
projects) and 1989 c 306 s 2; and
(18) RCW 28B.115.060 (Eligible credentialed health care
professions -- Required service obligations) and 1991 c 332 s 19.
NEW SECTION. Sec. 253 (1) The higher education coordinating
board is abolished. 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 (1) The council for higher education is
created.
(2) The council shall consist of the presidents, or their
designees, of each of the state universities, regional universities,
and the state college, the director for the state system of community
and technical colleges or designee, a representative from the office of
the superintendent of public instruction, and one president or designee
from a higher education institution as defined in RCW 28B.07.020.
NEW SECTION. Sec. 302 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Council" means the council for higher education.
(2) "Work group" means the work group convened under section 304 of
this act.
NEW SECTION. Sec. 303 (1) The purpose of the council is to:
(a) Develop performance-based measures and goals for each state
university, regional university, and the state college, linked to the
role, mission, and strategic plan of the institution of higher
education including:
(i) Indicators and goals that measure outcomes concerning cost,
quality, and timeliness of student progress toward degrees and
certifications;
(ii) Benchmarks and goals for long-term degree production,
including discrete benchmarks and goals in particular fields of study;
(iii) The level of resources necessary to meet the performance
outcomes, benchmarks, and goals, subject to legislative appropriation;
(iv) Indicators and goals that measure outcomes concerning
recruitment, retention, and success of students from diverse,
underrepresented communities; and
(v) A system of consequences for exceeding or for failing to
achieve the goals or benchmarks; and
(b) Convene a work group to develop and recommend statewide
policies to enhance the availability, quality, efficiency, and
accountability of public higher education in Washington state.
(2) The performance measures and goals for each institution shall
take effect immediately upon being affirmed by the legislature by joint
resolution. If, through action or inaction, the legislature does not
affirm the measures and goals, the council shall redraft and resubmit
them for the subsequent legislative session.
(3) The performance measures and goals for each institution may be
modified by the council. Modifications shall take effect upon being
affirmed by the legislature by joint resolution.
NEW SECTION. Sec. 304 (1) Beginning 2013, and every two years
thereafter, the council shall convene a work group consisting of:
(a) Three representatives from the four-year institutions of higher
education selected by the council;
(b) Three representatives from the community and technical college
system selected by the state board for community and technical
colleges;
(c) A representative from the office of the superintendent of
public instruction;
(d) Two faculty representatives, one from a four-year institution
of higher education and one from a community or technical college,
selected by the council of faculty representatives;
(e) Two student representatives, appointed by the governor; and
(f) Three members of the public appointed by the governor.
(2) The work group shall identify and use models of regional
planning and decision making before initiating a statewide planning
process. The work group shall also seek input, when appropriate, from
students, faculty organizations, community and business leaders in the
state, the workforce training and education coordinating board, the
superintendent of public instruction, the independent higher education
institutions, the business sector, labor, members of the legislature,
and the governor.
(3) The purpose of the work group is to identify measureable and
feasible goals and priorities for the system of higher education in
Washington for a ten-year period of time and a plan to achieve them.
The plan shall encompass all sectors of higher education, including the
two-year system, workforce training, and the four-year institutions of
higher education. The work group shall also identify strategies for
expanding access, affordability, quality, efficiency, and
accountability among the various institutions of higher education.
(4) Every two years by December 15th, beginning December 15, 2013,
the council shall submit an update of the ten-year statewide plan to
the governor and the legislature. The updated plan must reflect the
expectations and policy directions of the legislative higher education
and fiscal committees, and must provide a timely and relevant framework
for the development of future budgets and policy proposals. The
legislature shall, by concurrent resolution, approve or recommend
changes to the updated plan, following public hearings. The council
shall submit the final plan, incorporating legislative changes, to the
governor and the legislature by June of the year in which the
legislature approves the concurrent resolution. The plan shall then
become state higher education policy unless legislation is enacted to
alter the policies set forth in the plan.
(5) Staff for the work group shall be provided by the council and
the state board for community and technical colleges.
NEW SECTION. Sec. 305 (1) The council shall adopt bylaws and
shall meet at least four times each year and at such other times as
determined by the chair who shall give reasonable prior notice to the
members.
(2) All votes on nonprocedural matters must be recorded and the
record must be preserved in a manner that reflects the vote of each
individual member of the council.
NEW SECTION. Sec. 306 (1) The council may employ an executive
director and may delegate agency management to the executive director.
The executive director shall serve at the pleasure of the council and
shall, under the council's supervision, administer the provisions of
this chapter.
(2) The executive director shall, with the approval of the council,
appoint and employ such other employees as may be required for the
proper discharge of the functions of the council.
(3) The executive director shall exercise such additional powers,
other than rule making, as may be delegated by the council by
resolution.
(4) In fulfilling the duties under this chapter, the council 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 and may also employ outside
consulting and service agencies. The council may compensate these
groups and consultants in appropriate ways.
NEW SECTION. Sec. 307 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.
NEW SECTION. Sec. 308 The council may adopt rules as necessary
to implement this chapter.
NEW SECTION. Sec. 309 The council is designated as the state
commission as provided for in section 1202 of the education amendments
of 1972 (P.L. 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 that law.
NEW SECTION. Sec. 310 A new section is added to chapter 41.06
RCW to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the council for higher education to
the executive director and one confidential secretary.
Sec. 311 RCW 28B.76.210 and 2010 c 245 s 10 are each amended to
read as follows:
(1) ((The board shall collaborate with the four-year institutions
including the council of presidents, the community and technical
college system, and when appropriate the workforce training and
education coordinating board, the superintendent of public instruction,
and the independent higher educational institutions to identify budget
priorities and levels of funding for higher education, including the
two and four-year institutions of higher education and state financial
aid programs. It is the intent of the legislature that recommendations
from the board reflect not merely the sum of budget requests from
multiple institutions, but prioritized funding needs for the overall
system of higher education.)) Capital budget outlines for the two-year institutions shall
be submitted to the state board for community and technical colleges by
August 15th of each even-numbered year, and shall include the
prioritized ranking of the capital projects being requested, a
description of each capital project, and the amount and fund source
being requested.
(2) By December of each odd-numbered year, the board shall
distribute guidelines which outline the board's fiscal priorities to
the institutions and the state board for community and technical
colleges.
(a) The institutions and the state board for community and
technical colleges shall submit an outline of their proposed operating
budgets to the board no later than July 1st of each even-numbered year.
Pursuant to guidelines developed by the board, operating budget
outlines submitted by the institutions and the state board for
community and technical colleges after January 1, 2007, shall include
all policy changes and enhancements that will be requested by the
institutions and the state board for community and technical colleges
in their respective biennial budget requests. Operating budget
outlines shall include a description of each policy enhancement, the
dollar amount requested, and the fund source being requested.
(b)
(((c))) (2) Capital budget outlines for the four-year institutions
must be submitted by each four-year institution to the council by
August 15th of each even-numbered year, and must include: The
institutions' priority ranking of the project; the capital budget
category within which the project will be submitted to the office of
financial management in accordance with RCW 43.88D.010; a description
of each capital project; and the amount and fund source being
requested.
(((d))) (3) The office of financial management shall reference
these reporting requirements in its budget instructions.
(((3))) (4) The ((board)) office of financial management shall
review and evaluate the operating and capital budget requests from
four-year institutions and the community and technical college system
based on how the requests align with the ((board's)) budget
priorities((,)) and the missions of the institutions((, and the
statewide strategic master plan for higher education under RCW
28B.76.200)).
(((4) The board shall submit recommendations on the proposed
operating budget and priorities to the office of financial management
by October 1st of each even-numbered year, and to the legislature by
January 1st of each odd-numbered year.))
(5) The ((board's)) capital budget recommendations for the
community and technical college system and the four-year institutions
must be submitted to the office of financial management and to the
legislature by November 15th of each even-numbered year. The
((board's)) council's recommendations for the four-year institutions
must include a single, prioritized list of the major projects that the
((board)) council recommends be funded with state bond and building
account appropriations during the forthcoming fiscal biennium. In
developing this single prioritized list, the ((board)) council shall:
(a) Seek to identify the combination of projects that will most
cost-effectively achieve the state's goals. These goals include
increasing baccalaureate and graduate degree production, particularly
in high-demand fields; promoting economic development through research
and innovation; providing quality, affordable educational environments;
preserving existing assets; and maximizing the efficient utilization of
instructional space;
(b) Be guided by the objective analysis and scoring of capital
budget projects ((completed by the office of financial management))
pursuant to chapter 43.88D RCW;
(c) Anticipate (i) that state bond and building account
appropriations continue at the same level during each of the two
subsequent fiscal biennia as has actually been appropriated for the
baccalaureate institutions during the current one; (ii) that major
projects funded for design during a biennium are funded for
construction during the subsequent one before state appropriations are
provided for new major projects; and (iii) that minor health, safety,
code, and preservation projects are funded at the same average level as
in recent biennia before state appropriations are provided for new
major projects.
(((6) Institutions and the state board for community and technical
colleges shall submit any supplemental budget requests and revisions to
the board at the same time they are submitted to the office of
financial management. The board shall submit recommendations on the
proposed supplemental budget requests to the office of financial
management by November 1st and to the legislature by January 1st.))
Sec. 312 RCW 28B.76.230 and 2010 c 245 s 5 are each amended to
read as follows:
(1) The ((board)) council shall develop a comprehensive and ongoing
assessment process to analyze the need for additional degrees and
programs, additional off-campus centers and locations for degree
programs, and consolidation or elimination of programs by the four-year
institutions. ((Board)) Council recommendations regarding proposed
major expansion shall be limited to determinations of whether the major
expansion is within the scope indicated in the most recent strategic
master plan for higher education or most recent system design plan.
Recommendations regarding existing capital prioritization processes are
not within the scope of the evaluation of major expansion. Major
expansion and proposed mission changes may be proposed by the ((board))
council, any public institution of higher education, or by a state or
local government.
(2) As part of the needs assessment process, the ((board)) council
shall examine:
(a) Projections of student, employer, and community demand for
education and degrees, including liberal arts degrees, on a regional
and statewide basis;
(b) Current and projected degree programs and enrollment at public
and private institutions of higher education, by location and mode of
service delivery;
(c) Data from the workforce training and education coordinating
board and the state board for community and technical colleges on the
supply and demand for workforce education and certificates and
associate degrees; and
(d) Recommendations from the technology transformation task force
created in chapter 407, Laws of 2009, and institutions of higher
education relative to the strategic and operational use of technology
in higher education. These and other reports, reviews, and audits
shall allow for: The development of enterprise-wide digital
information technology across educational sectors, systems, and
delivery methods; the integration and streamlining of administrative
tools including but not limited to student information management,
financial management, payroll, human resources, data collection,
reporting, and analysis; and a determination of the costs of multiple
technology platforms, systems, and models.
(3) ((Every two years the board shall produce, jointly with the
state board for community and technical colleges and the workforce
training and education coordinating board, an assessment of the number
and type of higher education and training credentials required to match
employer demand for a skilled and educated workforce. The assessment
shall include the number of forecasted net job openings at each level
of higher education and training and the number of credentials needed
to match the forecast of net job openings.)) The ((
(4)board)) council shall determine whether certain major
lines of study or types of degrees, including applied degrees or
research-oriented degrees, shall be assigned uniquely to some
institutions or institutional sectors in order to create centers of
excellence that focus resources and expertise.
(((5))) (4) The following activities are subject to approval by the
((board)) council:
(a) New degree programs by a four-year institution;
(b) Creation of any off-campus program by a four-year institution;
(c) Purchase or lease of major off-campus facilities by a four-year
institution or a community or technical college;
(d) Creation of higher education centers and consortia;
(e) New degree programs and creation of off-campus programs by an
independent college or university in collaboration with a community or
technical college; and
(f) Applied baccalaureate degree programs developed by colleges
under RCW 28B.50.810.
(((6))) (5) Institutions seeking ((board)) council approval under
this section must demonstrate that the proposal is justified by the
needs assessment developed under this section. Institutions must also
demonstrate how the proposals align with or implement the statewide
strategic master plan for higher education under RCW 28B.76.200.
(((7))) (6) The ((board)) council shall develop clear guidelines
and objective decision-making criteria regarding approval of proposals
under this section, which must include review and consultation with the
institution and other interested agencies and individuals.
(((8))) (7) The ((board)) council shall periodically recommend
consolidation or elimination of programs at the four-year institutions,
based on the needs assessment analysis.
(((9))) (8) In the case of a proposed major expansion or mission
change, the needs assessment process under subsection (2) of this
section constitutes a threshold inquiry. If the ((board)) council
determines that the need for the proposed major expansion or mission
change has not been justified, the inquiry is concluded. If the
((board)) council determines that the need for the proposed major
expansion or mission change has been sufficiently established, the
((board)) council, in consultation with any directly involved
institutions and other interested agencies and individuals, shall
proceed to examine the viability of the proposal using criteria
including, but not limited to:
(a) The specific scope of the project including the capital
investment requirements, the number of full-time equivalent students
anticipated, and the number of academic programs planned;
(b) The existence of an efficient and sustainable financial plan;
(c) The extent to which existing resources can be leveraged;
(d) The current and five-year projected student population,
faculty, and staff to support the proposed programs, institution, or
innovation;
(e) The plans to accommodate expected growth over a twenty-year
time frame;
(f) The extent to which new or existing partnerships and
collaborations are a part of the proposal; and
(g) The feasibility of any proposed innovations to accelerate
degree production.
(((10))) (9) After the ((board)) council completes its evaluation
of the proposed major expansion or mission change using the needs
assessment under subsection (2) of this section and viability
determination under subsection (((9))) (8) of this section, the
((board)) council shall make a recommendation to either proceed,
modify, or not proceed with the proposed major expansion or mission
change. The ((board's)) council's recommendation shall be presented to
the governor and the legislature.
Sec. 313 RCW 28B.76.290 and 1993 c 77 s 2 are each amended to
read as follows:
The ((board)) council shall coordinate educational activities among
all ((segments of higher education taking into account the educational
programs, facilities, and other resources of both public and
independent two and four-year colleges and universities)) four-year
institutions of higher education. The four-year institutions and the
state board for community and technical colleges shall coordinate
information and activities with the ((board)) council. The ((board))
council shall have the following additional responsibilities:
(1) Promote interinstitutional cooperation;
(2) Establish minimum admission standards for four-year
institutions, including a requirement that coursework in American sign
language or an American Indian language shall satisfy any requirement
for instruction in a language other than English that the ((board))
council or the institutions may establish as a general undergraduate
admissions requirement((;)).
(3) Establish transfer policies;
(4) Adopt rules implementing statutory residency requirements;
(5) Develop and administer reciprocity agreements with bordering
states and the province of British Columbia;
(6) Review and recommend compensation practices and levels for
administrative employees, exempt under chapter 28B.16 RCW, and faculty
using comparative data from peer institutions;
(7) Monitor higher education activities for compliance with all
relevant state policies for higher education;
(8) Arbitrate disputes between and among four-year institutions or
between and among four-year institutions and community colleges at the
request of one or more of the institutions involved, or at the request
of the governor, or from a resolution adopted by the legislature. The
decision of the board shall be binding on the participants in the
dispute;
(9) Establish and implement a state system for collecting,
analyzing, and distributing information;
(10) Recommend to the governor and the legislature ways to remove
any economic incentives to use off-campus program funds for on-campus
activities; and
(11) Make recommendations to increase minority participation, and
monitor and report on the progress of minority participation in higher
education
Sec. 314 RCW 28B.76.310 and 2004 c 275 s 15 are each amended to
read as follows:
(1) The ((board)) education data center, in consultation with the
house of representatives and senate committees responsible for higher
education, the respective fiscal committees of the house of
representatives and senate, ((the office of financial management,)) the
state board for community and technical colleges, and the state
institutions of higher education, shall develop standardized methods
and protocols for measuring the undergraduate and graduate educational
costs for the state universities, regional universities, The Evergreen
State College, and community colleges, including but not limited to the
costs of instruction, costs to provide degrees in specific fields, and
costs for precollege remediation.
(2) ((By December 1, 2004, the board must propose a schedule of
regular cost study reports intended to meet the information needs of
the governor's office and the legislature and the requirements of RCW
28B.76.300 and submit the proposed schedule to the higher education and
fiscal committees of the house of representatives and the senate for
their review.)) The institutions of higher education, as defined in RCW
28B.10.016, shall participate in the development of cost study methods
and shall provide all necessary data in a timely fashion consistent
with the protocols developed.
(3)
Sec. 315 RCW 28B.76.320 and 2004 c 275 s 16 are each amended to
read as follows:
The ((board)) council for higher education shall determine and
transmit amounts constituting approved undergraduate and graduate
educational costs to the several boards of regents and trustees of the
state institutions of higher education by November 10th of each even-numbered year.
Sec. 316 RCW 28B.76.335 and 2010 c 235 s 507 are each amended to
read as follows:
As part of the state needs assessment process conducted by the
((board)) council in accordance with RCW 28B.76.230, the ((board))
council shall, in collaboration with the professional educator
standards board, assess the need for additional degree and certificate
programs in Washington that specialize in teacher preparation to meet
regional or subject area shortages. If the ((board)) council
determines that there is a need for additional programs, then the
((board)) council shall encourage the appropriate institutions of
higher education or institutional sectors to create such a program.
Sec. 317 RCW 28B.76.340 and 2010 c 235 s 508 are each amended to
read as follows:
(1) The ((board)) council must establish boundaries for service
regions for institutions of higher education as defined in RCW
28B.10.016 implementing professional educator standards board-approved
educator preparation programs. Regions shall be established to
encourage and support, not exclude, the reach of public institutions of
higher education across the state.
(2) Based on the data in the assessment in RCW 28B.76.230 and
28B.76.335, the ((board)) council shall determine whether reasonable
teacher preparation program access for prospective teachers is
available in each region. If access is determined to be inadequate in
a region, the institution of higher education responsible for the
region shall submit a plan for meeting the access need to the ((board))
council.
(3) Partnerships with other teacher preparation program providers
and the use of appropriate technology shall be considered. The
((board)) council shall review the plan and, as appropriate, assist the
institution in developing support and resources for implementing the
plan.
Sec. 318 RCW 28B.10.020 and 2004 c 275 s 47 are each amended to
read as follows:
The boards of regents of the University of Washington and
Washington State University, respectively, and the boards of trustees
of Central Washington University, Eastern Washington University,
Western Washington University, and The Evergreen State College,
respectively, shall have the power and authority to acquire by
exchange, gift, purchase, lease, or condemnation in the manner provided
by chapter 8.04 RCW for condemnation of property for public use, such
lands, real estate and other property, and interests therein as they
may deem necessary for the use of said institutions respectively.
However, the purchase or lease of major off-campus facilities is
subject to the approval of the council for higher education
((coordinating board)) under RCW 28B.76.230.
Sec. 319 RCW 28B.15.460 and 1997 c 5 s 2 are each amended to read
as follows:
(1) An institution of higher education shall not grant any waivers
for the purpose of achieving gender equity until the 1991-92 academic
year, and may grant waivers for the purpose of achieving gender equity
in intercollegiate athletic programs as authorized in RCW 28B.15.740,
for the 1991-92 academic year only if the institution's governing board
has adopted a plan for complying with the provisions of RCW 28B.15.455
and submitted the plan to the council for higher education
((coordinating board)).
(2)(a) Beginning in the 1992-93 academic year, an institution of
higher education shall not grant any waiver for the purpose of
achieving gender equity in intercollegiate athletic programs as
authorized in RCW 28B.15.740 unless the institution's plan has been
approved by the council for higher education ((coordinating board)).
(b) Beginning in the 1999-2000 academic year, an institution that
did not provide, by June 30, 1998, athletic opportunities for an
historically underrepresented gender class at a rate that meets or
exceeds the current rate at which that class participates in high
school athletics in Washington state shall have a new institutional
plan approved by the council for higher education ((coordinating
board)) before granting further waivers.
(c) Beginning in the 2003-04 academic year, an institution of
higher education that was not within five percent of the ratio of
undergraduates described in RCW 28B.15.470 by June 30, 2002, shall have
a new plan for achieving gender equity in intercollegiate athletic
programs approved by the council for higher education ((coordinating
board)) before granting further waivers.
(3) The plan shall include, but not be limited to:
(a) For any institution with an historically underrepresented
gender class described in subsection (2)(b) of this section, provisions
that ensure that by July 1, 2000, the institution shall provide
athletic opportunities for the underrepresented gender class at a rate
that meets or exceeds the current rate at which that class participates
in high school interscholastic athletics in Washington state not to
exceed the point at which the underrepresented gender class is no
longer underrepresented;
(b) For any institution with an underrepresented gender class
described in subsection (2)(c) of this section, provisions that ensure
that by July 1, 2004, the institution will have reached substantial
proportionality in its athletic program;
(c) Activities to be undertaken by the institution to increase
participation rates of any underrepresented gender class in
interscholastic and intercollegiate athletics. These activities may
include, but are not limited to: Sponsoring equity conferences,
coaches clinics and sports clinics; and taking a leadership role in
working with athletic conferences to reduce barriers to participation
by those gender classes in interscholastic and intercollegiate
athletics;
(d) An identification of barriers to achieving and maintaining
equitable intercollegiate athletic opportunities for men and women; and
(e) Measures to achieve institutional compliance with the
provisions of RCW 28B.15.455.
Sec. 320 RCW 28B.20.130 and 2010 c 51 s 1 are each amended to
read as follows:
General powers and duties of the board of regents are as follows:
(1) To have full control of the university and its property of
various kinds, except as otherwise provided by law.
(2) To employ the president of the university, his or her
assistants, members of the faculty, and employees of the institution,
who except as otherwise provided by law, shall hold their positions
during the pleasure of said board of regents.
(3) Establish entrance requirements for students seeking admission
to the university which meet or exceed the standards ((specified under
RCW 28B.76.290(2))) adopted by the council for higher education.
Completion of examinations satisfactory to the university may be a
prerequisite for entrance by any applicant at the university's
discretion. Evidence of completion of public high schools and other
educational institutions whose courses of study meet the approval of
the university may be acceptable for entrance.
(4) Establish such colleges, schools, or departments necessary to
carry out the purpose of the university and not otherwise proscribed by
law.
(5) With the assistance of the faculty of the university, prescribe
the course of study in the various colleges, schools, and departments
of the institution and publish the necessary catalogues thereof.
(6) Grant to students such certificates or degrees as recommended
for such students by the faculty. The board, upon recommendation of
the faculty, may also confer honorary degrees upon persons other than
graduates of this university in recognition of their learning or
devotion to literature, art, or science: PROVIDED, That no degree
shall ever be conferred in consideration of the payment of money or the
giving of property of whatsoever kind.
(7) Accept such gifts, grants, conveyances, bequests, and devises,
whether real or personal property, or both, in trust or otherwise, for
the use or benefit of the university, its colleges, schools,
departments, or agencies; and sell, lease or exchange, invest or expend
the same or the proceeds, rents, profits, and income thereof except as
limited by the terms of said gifts, grants, conveyances, bequests, and
devises. The board shall adopt proper rules to govern and protect the
receipt and expenditure of the proceeds of all fees, and the proceeds,
rents, profits, and income of all gifts, grants, conveyances, bequests,
and devises above-mentioned.
(8) Except as otherwise provided by law, to enter into such
contracts as the regents deem essential to university purposes.
(9) To submit upon request such reports as will be helpful to the
governor and to the legislature in providing for the institution.
(10) Subject to the approval of the council for higher education
((coordinating board)) pursuant to RCW 28B.76.230, offer new degree
programs, offer off-campus programs, participate in consortia or
centers, contract for off-campus educational programs, and purchase or
lease major off-campus facilities.
(11) To confer honorary degrees upon persons who request an
honorary degree if they were students at the university in 1942 and did
not graduate because they were ordered into an internment camp. The
honorary degree may also be requested by a representative of deceased
persons who meet these requirements. For the purposes of this
subsection, "internment camp" means a relocation center to which
persons were ordered evacuated by Presidential Executive Order 9066,
signed February 19, 1942.
Sec. 321 RCW 28B.20.280 and 1985 c 370 s 82 are each amended to
read as follows:
The board of regents of the University of Washington may offer
masters level and doctorate level degrees in technology subject to
review and approval by the council for higher education ((coordinating
board)).
Sec. 322 RCW 28B.30.150 and 2010 c 51 s 2 are each amended to
read as follows:
The regents of Washington State University, in addition to other
duties prescribed by law, shall:
(1) Have full control of the university and its property of various
kinds, except as otherwise provided by law.
(2) Employ the president of the university, his or her assistants,
members of the faculty, and employees of the university, who, except as
otherwise provided by law, shall hold their positions during the
pleasure of said board of regents.
(3) Establish entrance requirements for students seeking admission
to the university which meet or exceed the standards ((specified under
RCW 28B.76.290(2))) adopted by the council for higher education.
Completion of examinations satisfactory to the university may be a
prerequisite for entrance by any applicant, at the university's
discretion. Evidence of completion of public high schools and other
educational institutions whose courses of study meet the approval of
the university may be acceptable for entrance.
(4) Establish such colleges, schools, or departments necessary to
carry out the purpose of the university and not otherwise proscribed by
law.
(5) Subject to the approval of the council for higher education
((coordinating board)) pursuant to RCW 28B.76.230, offer new degree
programs, offer off-campus programs, participate in consortia or
centers, contract for off-campus educational programs, and purchase or
lease major off-campus facilities.
(6) With the assistance of the faculty of the university, prescribe
the courses of instruction in the various colleges, schools, and
departments of the institution and publish the necessary catalogues
thereof.
(7) Collect such information as the ((board)) council for higher
education deems desirable as to the schemes of technical instruction
adopted in other parts of the United States and foreign countries.
(8) Provide for holding agricultural institutes including farm
marketing forums.
(9) Provide that instruction given in the university, as far as
practicable, be conveyed by means of laboratory work and provide in
connection with the university one or more physical, chemical, and
biological laboratories, and suitably furnish and equip the same.
(10) Provide training in military tactics for those students
electing to participate therein.
(11) Establish a department of elementary science and in connection
therewith provide instruction in elementary mathematics, including
elementary trigonometry, elementary mechanics, elementary and
mechanical drawing, and land surveying.
(12) Establish a department of agriculture and in connection
therewith provide instruction in physics with special application of
its principles to agriculture, chemistry with special application of
its principles to agriculture, morphology and physiology of plants with
special reference to common grown crops and fungus enemies, morphology
and physiology of the lower forms of animal life, with special
reference to insect pests, morphology and physiology of the higher
forms of animal life and in particular of the horse, cow, sheep, and
swine, agriculture with special reference to the breeding and feeding
of livestock and the best mode of cultivation of farm produce, and
mining and metallurgy, appointing demonstrators in each of these
subjects to superintend the equipment of a laboratory and to give
practical instruction therein.
(13) Establish agricultural experiment stations in connection with
the department of agriculture, including at least one in the western
portion of the state, and appoint the officers and prescribe
regulations for their management.
(14) Grant to students such certificates or degrees, as recommended
for such students by the faculty.
(15) Confer honorary degrees upon persons other than graduates of
the university in recognition of their learning or devotion to
literature, art, or science when recommended thereto by the faculty:
PROVIDED, That no degree shall ever be conferred in consideration of
the payment of money or the giving of property of whatsoever kind.
(16) Adopt plans and specifications for university buildings and
facilities or improvements thereto and employ skilled architects and
engineers to prepare such plans and specifications and supervise the
construction of buildings or facilities which the board is authorized
to erect, and fix the compensation for such services. The board shall
enter into contracts with one or more contractors for such suitable
buildings, facilities, or improvements as the available funds will
warrant, upon the most advantageous terms offered at a public
competitive letting, pursuant to public notice under rules established
by the board. The board shall require of all persons with whom they
contract for construction and improvements a good and sufficient bond
for the faithful performance of the work and full protection against
all liens.
(17) Except as otherwise provided by law, direct the disposition of
all money appropriated to or belonging to the state university.
(18) Receive and expend the money appropriated under the act of
congress approved May 8, 1914, entitled "An Act to provide for
cooperative agricultural extension work between the agricultural
colleges in the several States receiving the benefits of the Act of
Congress approved July 2, 1862, and Acts supplemental thereto and the
United States Department of Agriculture" and organize and conduct
agricultural extension work in connection with the state university in
accordance with the terms and conditions expressed in the acts of
congress.
(19) Except as otherwise provided by law, to enter into such
contracts as the regents deem essential to university purposes.
(20) Acquire by lease, gift, or otherwise, lands necessary to
further the work of the university or for experimental or
demonstrational purposes.
(21) Establish and maintain at least one agricultural experiment
station in an irrigation district to conduct investigational work upon
the principles and practices of irrigational agriculture including the
utilization of water and its relation to soil types, crops, climatic
conditions, ditch and drain construction, fertility investigations,
plant disease, insect pests, marketing, farm management, utilization of
fruit by-products, and general development of agriculture under
irrigation conditions.
(22) Supervise and control the agricultural experiment station at
Puyallup.
(23) Establish and maintain at Wenatchee an agricultural experiment
substation for the purpose of conducting investigational work upon the
principles and practices of orchard culture, spraying, fertilization,
pollenization, new fruit varieties, fruit diseases and pests, by-products, marketing, management, and general horticultural problems.
(24) Accept such gifts, grants, conveyances, devises, and bequests,
whether real or personal property, in trust or otherwise, for the use
or benefit of the university, its colleges, schools, or departments;
and sell, lease or exchange, invest or expend the same or the proceeds,
rents, profits, and income thereof except as limited by the terms of
said gifts, grants, conveyances, bequests, and devises; and adopt
proper rules to govern and protect the receipt and expenditure of the
proceeds of all fees, and the proceeds, rents, profits, and income of
all gifts, grants, conveyances, bequests, and devises.
(25) Construct when the board so determines a new foundry and a
mining, physical, technological building, and fabrication shop at the
university, or add to the present foundry and other buildings, in order
that both instruction and research be expanded to include permanent
molding and die casting with a section for new fabricating techniques,
especially for light metals, including magnesium and aluminum; purchase
equipment for the shops and laboratories in mechanical, electrical, and
civil engineering; establish a pilot plant for the extraction of
alumina from native clays and other possible light metal research;
purchase equipment for a research laboratory for technological research
generally; and purchase equipment for research in electronics,
instrumentation, energy sources, plastics, food technology, mechanics
of materials, hydraulics, and similar fields.
(26) Make and transmit to the governor and members of the
legislature upon request such reports as will be helpful in providing
for the institution.
(27) Confer honorary degrees upon persons who request an honorary
degree if they were students at the university in 1942 and did not
graduate because they were ordered into an internment camp. The
honorary degree may also be requested by a representative of deceased
persons who meet these requirements. For the purposes of this
subsection, "internment camp" means a relocation center to which
persons were ordered evacuated by Presidential Executive Order 9066,
signed February 19, 1942.
Sec. 323 RCW 28B.30.500 and 1985 c 370 s 83 are each amended to
read as follows:
The board of regents of Washington State University may offer
masters level and doctorate level degrees in technology subject to
review and approval by the council for higher education ((coordinating
board)).
Sec. 324 RCW 28B.35.120 and 2006 c 263 s 824 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, each
board of trustees of the respective regional universities:
(1) Shall have full control of the regional university and its
property of various kinds, except as otherwise provided by law.
(2) Shall employ the president of the regional university, ((his))
the president's assistants, members of the faculty, and other employees
of the institution, who, except as otherwise provided by law, shall
hold their positions, until discharged therefrom by the board for good
and lawful reason.
(3) With the assistance of the faculty of the regional university,
shall prescribe the course of study in the various schools and
departments thereof and publish such catalogues thereof as the board
deems necessary: PROVIDED, That the Washington professional educator
standards board shall determine the requisites for and give program
approval of all courses leading to teacher certification by such board.
(4) Establish such divisions, schools or departments necessary to
carry out the purposes of the regional university and not otherwise
proscribed by law.
(5) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for the
regional university.
(6) May acquire real and other property as provided in RCW
28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of the regional university.
(8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330, as now or hereafter amended.
(9) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to regional university
purposes.
(10) May receive such gifts, grants, conveyances, devises and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the regional university
programs; sell, lease or exchange, invest or expend the same or the
proceeds, rents, profits and income thereof except as limited by the
terms and conditions thereof; and adopt regulations to govern the
receipt and expenditure of the proceeds, rents, profits and income
thereof.
(11) Subject to the approval of the council for higher education
((coordinating board)) pursuant to RCW 28B.76.230, offer new degree
programs, offer off-campus programs, participate in consortia or
centers, contract for off-campus educational programs, and purchase or
lease major off-campus facilities.
(12) May promulgate such rules ((and regulations)), and perform all
other acts not forbidden by law, as the board of trustees may in its
discretion deem necessary or appropriate to the administration of the
regional university.
Sec. 325 RCW 28B.35.205 and 2010 c 51 s 3 are each amended to
read as follows:
(1) In addition to all other powers and duties given to them by
law, Central Washington University, Eastern Washington University, and
Western Washington University are hereby authorized to grant any degree
through the master's degree to any student who has completed a program
of study and/or research in those areas which are determined by the
faculty and board of trustees of the college to be appropriate for the
granting of such degree: PROVIDED, That before any degree is
authorized under this section it shall be subject to the review and
approval of the council for higher education ((coordinating board)).
(2) The board of trustees, upon recommendation of the faculty, may
also confer honorary bachelor's, master's, or doctorate level degrees
upon persons in recognition of their learning or devotion to education,
literature, art, or science. No degree may be conferred in
consideration of the payment of money or the donation of any kind of
property.
(3) The board of trustees may also confer honorary degrees upon
persons who request an honorary degree if they were students at the
university in 1942 and did not graduate because they were ordered into
an internment camp. The honorary degree may also be requested by a
representative of deceased persons who meet these requirements. For
the purposes of this subsection, "internment camp" means a relocation
center to which persons were ordered evacuated by Presidential
Executive Order 9066, signed February 19, 1942.
Sec. 326 RCW 28B.35.215 and 2001 c 252 s 1 are each amended to
read as follows:
The board of trustees of Eastern Washington University may offer
applied, but not research, doctorate level degrees in physical therapy
subject to review and approval by the council for higher education
((coordinating board)).
Sec. 327 RCW 28B.38.010 and 2004 c 275 s 55 are each amended to
read as follows:
(1) The Spokane intercollegiate research and technology institute
is created.
(2) The institute shall be operated and administered as a multi-institutional education and research center, housing appropriate
programs conducted in Spokane under the authority of institutions of
higher education as defined in RCW 28B.10.016. Washington independent
and private institutions of higher education may participate as full
partners in any academic and research activities of the institute.
(3) The institute shall house education and research programs
specifically designed to meet the needs of eastern Washington.
(4) The establishment of any education program at the institute and
the lease, purchase, or construction of any site or facility for the
institute is subject to the approval of the council for higher
education ((coordinating board)) under RCW 28B.76.230.
(5) The institute shall be headquartered in Spokane.
(6) The mission of the institute is to perform and commercialize
research that benefits the intermediate and long-term economic vitality
of eastern Washington and to develop and strengthen university-industry
relationships through the conduct of research that is primarily of
interest to eastern Washington-based companies or state economic
development programs. The institute shall:
(a) Perform and facilitate research supportive of state science and
technology objectives, particularly as they relate to eastern
Washington industries;
(b) Provide leading edge collaborative research and technology
transfer opportunities primarily to eastern Washington industries;
(c) Provide substantial opportunities for training undergraduate
and graduate students through direct involvement in research and
industry interactions;
(d) Emphasize and develop nonstate support of the institute's
research activities; and
(e) Provide a forum for effective interaction between the state's
technology-based industries and its academic institutions through
promotion of faculty collaboration with industry, particularly within
eastern Washington.
Sec. 328 RCW 28B.40.120 and 2006 c 263 s 825 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, the
board of trustees of The Evergreen State College:
(1) Shall have full control of the state college and its property
of various kinds, except as otherwise provided by law.
(2) Shall employ the president of the state college, ((his)) the
president's assistants, members of the faculty, and other employees of
the institution, who, except as otherwise provided by law, shall hold
their positions, until discharged therefrom by the board for good and
lawful reason.
(3) With the assistance of the faculty of the state college, shall
prescribe the course of study in the various schools and departments
thereof and publish such catalogues thereof as the board deems
necessary: PROVIDED, That the Washington professional educator
standards board shall determine the requisites for and give program
approval of all courses leading to teacher certification by such board.
(4) Establish such divisions, schools or departments necessary to
carry out the purposes of the college and not otherwise proscribed by
law.
(5) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for the
college.
(6) May acquire real and other property as provided in RCW
28B.10.020, as now or hereafter amended.
(7) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of the college.
(8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330, as now or hereafter amended.
(9) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to college purposes.
(10) May receive such gifts, grants, conveyances, devises and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the college programs; sell,
lease or exchange, invest or expend the same or the proceeds, rents,
profits and income thereof except as limited by the terms and
conditions thereof; and adopt ((regulations)) rules to govern the
receipt and expenditure of the proceeds, rents, profits and income
thereof.
(11) Subject to the approval of the council for higher education
((coordinating board)) pursuant to RCW 28B.76.230, offer new degree
programs, offer off-campus programs, participate in consortia or
centers, contract for off-campus educational programs, and purchase or
lease major off-campus facilities.
(12) May ((promulgate)) adopt such rules ((and regulations)), and
perform all other acts not forbidden by law, as the board of trustees
may in its discretion deem necessary or appropriate to the
administration of the college.
Sec. 329 RCW 28B.40.206 and 1991 c 58 s 3 are each amended to
read as follows:
In addition to all other powers and duties given to them by law,
the board of trustees of The Evergreen State College is hereby
authorized to grant any degree through the master's degree to any
student who has completed a program of study and/or research in those
areas which are determined by the faculty and board of trustees of the
college to be appropriate for the granting of such degree: PROVIDED,
That any degree authorized under this section shall be subject to the
review and approval of the council for higher education ((coordinating
board)).
The board of trustees, upon recommendation of the faculty, may also
confer honorary bachelor's or master's degrees upon persons other than
graduates of the institution, in recognition of their learning or
devotion to education, literature, art, or science. No degree may be
conferred in consideration of the payment of money or the donation of
any kind of property.
Sec. 330 RCW 28B.45.014 and 2005 c 258 s 2 are each amended to
read as follows:
(1) The primary mission of the higher education branch campuses
created under this chapter remains to expand access to baccalaureate
and master's level graduate education in underserved urban areas of the
state in collaboration with community and technical colleges. The top
priority for each of the campuses is to expand courses and degree
programs for transfer and graduate students. New degree programs
should be driven by the educational needs and demands of students and
the community, as well as the economic development needs of local
businesses and employers.
(2) Branch campuses shall collaborate with the community and
technical colleges in their region to develop articulation agreements,
dual admissions policies, and other partnerships to ensure that branch
campuses serve as innovative models of a two plus two educational
system. Other possibilities for collaboration include but are not
limited to joint development of curricula and degree programs,
colocation of instruction, and arrangements to share faculty.
(3) In communities where a private postsecondary institution is
located, representatives of the private institution may be invited to
participate in the conversation about meeting the baccalaureate and
master's level graduate needs in underserved urban areas of the state.
(4) However, the legislature recognizes there are alternative
models for achieving this primary mission. Some campuses may have
additional missions in response to regional needs and demands. At
selected branch campuses, an innovative combination of instruction and
research targeted to support regional economic development may be
appropriate to meet the region's needs for both access and economic
viability. Other campuses should focus on becoming models of a two
plus two educational system through continuous improvement of
partnerships and agreements with community and technical colleges.
Still other campuses may be best suited to transition to a four-year
university or be removed from designation as a branch campus entirely.
(5) The legislature recognizes that size, mix of degree programs,
and proportion of lower versus upper division and graduate enrollments
are factors that affect costs at branch campuses. However over time,
the legislature intends that branch campuses be funded more similarly
to regional universities.
(6) In consultation with the council for higher education
((coordinating board)), a branch campus may propose legislation to
authorize practice-oriented or professional doctoral programs if: (a)
Unique research facilities and equipment are located near the campus;
or (b) the campus can clearly demonstrate student and employer demand
in the region that is linked to regional economic development.
(7) It is not the legislature's intent to have each campus chart
its own future path without legislative guidance. Instead, the
legislature intends to consider carefully the mission and model of
education that best suits each campus and best meets the needs of
students, the community, and the region. The council for higher
education ((coordinating board)) shall monitor and evaluate the
addition of lower division students to the branch campuses and
periodically report and make recommendations to the higher education
committees of the legislature to ensure the campuses continue to follow
the priorities established under this chapter.
Sec. 331 RCW 28B.45.020 and 2005 c 258 s 3 are each amended to
read as follows:
(1) The University of Washington is responsible for ensuring the
expansion of baccalaureate and graduate educational programs in the
central Puget Sound area under rules or guidelines adopted by the
council for higher education ((coordinating board)) and in accordance
with proportionality agreements emphasizing access for transfer
students developed with the state board for community and technical
colleges. The University of Washington shall meet that responsibility
through the operation of at least two branch campuses. One branch
campus shall be located in the Tacoma area. Another branch campus
shall be collocated with Cascadia Community College in the Bothell-Woodinville area.
(2) At the University of Washington Tacoma, a top priority is
expansion of upper division capacity for transfer students and graduate
capacity and programs. Beginning in the fall of 2006, the campus may
offer lower division courses linked to specific majors in fields not
addressed at local community colleges. The campus shall admit lower
division students through coadmission or coenrollment agreements with
a community college, or through direct transfer for students who have
accumulated approximately one year of transferable college credits. In
addition to offering lower division courses linked to specific majors
as addressed above, the campus may also directly admit freshmen and
sophomores gradually and deliberately in accordance with the campus
plan submitted to the higher education coordinating board in 2004.
(3) At the University of Washington Bothell, a top priority is
expansion of upper division capacity for transfer students and graduate
capacity and programs. The campus shall also seek additional
opportunities to collaborate with and maximize its ((collocation
[colocation])) colocation with Cascadia Community College. Beginning
in the fall of 2006, the campus may offer lower division courses linked
to specific majors in fields not addressed at local community colleges.
The campus may admit lower division students through coadmission or
coenrollment agreements with a community college, or through direct
transfer for students who have accumulated approximately one year of
transferable college credits. In addition to offering lower division
courses linked to specific majors as addressed above, the campus may
also directly admit freshmen and sophomores gradually and deliberately
in accordance with the campus plan submitted to the higher education
coordinating board in 2004.
Sec. 332 RCW 28B.45.030 and 2006 c 166 s 1 are each amended to
read as follows:
(1) Washington State University is responsible for providing
baccalaureate and graduate level higher education programs to the
citizens of the Tri-Cities area, under rules or guidelines adopted by
the council for higher education ((coordinating board)) and in
accordance with proportionality agreements emphasizing access for
transfer students developed with the state board for community and
technical colleges. Washington State University shall meet that
responsibility through the operation of a branch campus in the Tri-Cities area. The branch campus shall replace and supersede the Tri-Cities university center. All land, facilities, equipment, and
personnel of the Tri-Cities university center shall be transferred from
the University of Washington to Washington State University.
(2) In 2005, the legislature authorized the expansion on a limited
basis of Washington State University's branch campus in the Tri-Cities
area. The legislature authorized the Tri-Cities branch campus to
continue providing innovative coadmission and coenrollment options with
Columbia Basin College, and to expand its upper-division capacity for
transfer students and graduate capacity and programs. The branch
campus was given authority beginning in fall 2006 to offer lower-division courses linked to specific majors in fields not addressed at
the local community colleges. The campus was also authorized to
directly admit freshmen and sophomores for a bachelor's degree program
in biotechnology subject to approval by the council for higher
education ((coordinating board)). The legislature finds that the Tri-Cities community is very engaged in and committed to exploring the
further expansion of Washington State University Tri-Cities branch
campus into a four-year institution and considers this issue to be a
top priority for the larger Tri-Cities region.
(3) Washington State University Tri-Cities shall continue providing
innovative coadmission and coenrollment options with Columbia Basin
College, and expand its upper division capacity for transfer students
and graduate capacity and programs. The campus shall also seek
additional opportunities to collaborate with the Pacific Northwest
national laboratory. Beginning in the fall of 2006, the campus may
offer lower division courses linked to specific majors in fields not
addressed at local community colleges. The campus may admit lower
division students through coadmission or coenrollment agreements with
a community college, or through direct transfer for students who have
accumulated approximately one year of transferable college credits. In
addition to offering lower division courses linked to specific majors
as addressed above, the campus may also directly admit freshmen and
sophomores for a bachelor's degree program in biotechnology subject to
approval by the council for higher education ((coordinating board)).
(4) The Washington State University Tri-Cities branch campus shall
develop a plan for expanding into a four-year institution and shall
identify new degree programs and course offerings focused on areas of
specific need in higher education that exist in southeastern
Washington. The branch campus's plan should examine the resources and
talent available in the Tri-Cities area, including but not limited to
resources and talent available at the Pacific Northwest national
laboratory, and how these resources and talent may best be used by the
Tri-Cities branch campus to expand into a four-year institution. The
branch campus shall submit its plan to the legislature and the higher
education coordinating board by November 30, 2006.
(5) Beginning in the fall of 2007, the Washington State University
Tri-Cities branch campus may begin, subject to approval by the council
for higher education ((coordinating board)), admitting lower-division
students directly into programs beyond the biotechnology field that are
identified in its plan as being in high need in southeastern
Washington. Such fields may include but need not be limited to
science, engineering and technology, biomedical sciences, alternative
energy, and computational and information sciences. By gradually and
deliberately admitting freshmen and sophomores in accordance with its
plan, increasing transfer enrollment, and coadmitting transfer
students, the campus shall develop into a four-year institution serving
the southeastern Washington region.
Sec. 333 RCW 28B.45.040 and 2005 c 258 s 5 are each amended to
read as follows:
(1) Washington State University is responsible for providing
baccalaureate and graduate level higher education programs to the
citizens of the southwest Washington area, under rules or guidelines
adopted by the council for higher education ((coordinating board)) and
in accordance with proportionality agreements emphasizing access for
transfer students developed with the state board for community and
technical colleges. Washington State University shall meet that
responsibility through the operation of a branch campus in the
southwest Washington area.
(2) Washington State University Vancouver shall expand upper
division capacity for transfer students and graduate capacity and
programs and continue to collaborate with local community colleges on
coadmission and coenrollment programs. In addition, beginning in the
fall of 2006, the campus may admit lower division students directly.
By simultaneously admitting freshmen and sophomores, increasing
transfer enrollment, coadmitting transfer students, and expanding
graduate and professional programs, the campus shall develop into a
four-year institution serving the southwest Washington region.
Sec. 334 RCW 28B.45.060 and 1989 1st ex.s. c 7 s 7 are each
amended to read as follows:
Central Washington University is responsible for providing upper-
division and graduate level higher education programs to the citizens
of the Yakima area, under rules or guidelines adopted by the council
for higher education ((coordinating board)).
Sec. 335 RCW 28B.50.140 and 2010 c 51 s 4 are each amended to
read as follows:
Each board of trustees:
(1) Shall operate all existing community and technical colleges in
its district;
(2) Shall create comprehensive programs of community and technical
college education and training and maintain an open-door policy in
accordance with the provisions of RCW 28B.50.090(3);
(3) Shall employ for a period to be fixed by the board a college
president for each community and technical college and, may appoint a
president for the district, and fix their duties and compensation,
which may include elements other than salary. Compensation under this
subsection shall not affect but may supplement retirement, health care,
and other benefits that are otherwise applicable to the presidents as
state employees. The board shall also employ for a period to be fixed
by the board members of the faculty and such other administrative
officers and other employees as may be necessary or appropriate and fix
their salaries and duties. Compensation and salary increases under
this subsection shall not exceed the amount or percentage established
for those purposes in the state appropriations act by the legislature
as allocated to the board of trustees by the state board for community
and technical colleges. The state board for community and technical
colleges shall adopt rules defining the permissible elements of
compensation under this subsection;
(4) May establish, under the approval and direction of the college
board, new facilities as community needs and interests demand.
However, the authority of boards of trustees to purchase or lease major
off-campus facilities shall be subject to the approval of the ((higher
education coordinating board pursuant to RCW 28B.76.230)) state board
for community and technical colleges;
(5) May establish or lease, operate, equip and maintain
dormitories, food service facilities, bookstores and other self-supporting facilities connected with the operation of the community and
technical college;
(6) May, with the approval of the college board, borrow money and
issue and sell revenue bonds or other evidences of indebtedness for the
construction, reconstruction, erection, equipping with permanent
fixtures, demolition and major alteration of buildings or other capital
assets, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances, for dormitories, food service
facilities, and other self-supporting facilities connected with the
operation of the community and technical college in accordance with the
provisions of RCW 28B.10.300 through 28B.10.330 where applicable;
(7) May establish fees and charges for the facilities authorized
hereunder, including reasonable rules and regulations for the
government thereof, not inconsistent with the rules of the college
board; each board of trustees operating a community and technical
college may enter into agreements, subject to rules of the college
board, with owners of facilities to be used for housing regarding the
management, operation, and government of such facilities, and any board
entering into such an agreement may:
(a) Make rules for the government, management and operation of such
housing facilities deemed necessary or advisable; and
(b) Employ necessary employees to govern, manage and operate the
same;
(8) May receive such gifts, grants, conveyances, devises and
bequests of real or personal property from private sources, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the community and technical
college programs as specified by law and the rules of the state college
board; sell, lease or exchange, invest or expend the same or the
proceeds, rents, profits and income thereof according to the terms and
conditions thereof; and adopt rules to govern the receipt and
expenditure of the proceeds, rents, profits and income thereof;
(9) May establish and maintain night schools whenever in the
discretion of the board of trustees it is deemed advisable, and
authorize classrooms and other facilities to be used for summer or
night schools, or for public meetings and for any other uses consistent
with the use of such classrooms or facilities for community and
technical college purposes;
(10) May make rules for pedestrian and vehicular traffic on
property owned, operated, or maintained by the district;
(11) Shall prescribe, with the assistance of the faculty, the
course of study in the various departments of the community and
technical college or colleges under its control, and publish such
catalogues and bulletins as may become necessary;
(12) May grant to every student, upon graduation or completion of
a course of study, a suitable diploma, degree, or certificate under the
rules of the state board for community and technical colleges that are
appropriate to their mission. The purposes of these diplomas,
certificates, and degrees are to lead individuals directly to
employment in a specific occupation or prepare individuals for a
bachelor's degree or beyond. Technical colleges may only offer
transfer degrees that prepare students for bachelor's degrees in
professional fields, subject to rules adopted by the college board. In
adopting rules, the college board, where possible, shall create
consistency between community and technical colleges and may address
issues related to tuition and fee rates; tuition waivers; enrollment
counting, including the use of credits instead of clock hours; degree
granting authority; or any other rules necessary to offer the associate
degrees that prepare students for transfer to bachelor's degrees in
professional areas. Only ((pilot)) colleges under RCW 28B.50.810 may
award baccalaureate degrees. The board, upon recommendation of the
faculty, may also confer honorary associate of arts degrees upon
persons other than graduates of the community college, in recognition
of their learning or devotion to education, literature, art, or
science. No degree may be conferred in consideration of the payment of
money or the donation of any kind of property;
(13) Shall enforce the rules prescribed by the state board for
community and technical colleges for the government of community and
technical colleges, students and teachers, and adopt such rules and
perform all other acts not inconsistent with law or rules of the state
board for community and technical colleges as the board of trustees may
in its discretion deem necessary or appropriate to the administration
of college districts: PROVIDED, That such rules shall include, but not
be limited to, rules relating to housing, scholarships, conduct at the
various community and technical college facilities, and discipline:
PROVIDED, FURTHER, That the board of trustees may suspend or expel from
community and technical colleges students who refuse to obey any of the
duly adopted rules;
(14) May, by written order filed in its office, delegate to the
president or district president any of the powers and duties vested in
or imposed upon it by this chapter. Such delegated powers and duties
may be exercised in the name of the district board;
(15) May perform such other activities consistent with this chapter
and not in conflict with the directives of the college board;
(16) Notwithstanding any other provision of law, may offer
educational services on a contractual basis other than the tuition and
fee basis set forth in chapter 28B.15 RCW for a special fee to private
or governmental entities, consistent with rules adopted by the state
board for community and technical colleges: PROVIDED, That the whole
of such special fee shall go to the college district and be not less
than the full instructional costs of such services including any salary
increases authorized by the legislature for community and technical
college employees during the term of the agreement: PROVIDED FURTHER,
That enrollments generated hereunder shall not be counted toward the
official enrollment level of the college district for state funding
purposes;
(17) Notwithstanding any other provision of law, may offer
educational services on a contractual basis, charging tuition and fees
as set forth in chapter 28B.15 RCW, counting such enrollments for state
funding purposes, and may additionally charge a special supplemental
fee when necessary to cover the full instructional costs of such
services: PROVIDED, That such contracts shall be subject to review by
the state board for community and technical colleges and to such rules
as the state board may adopt for that purpose in order to assure that
the sum of the supplemental fee and the normal state funding shall not
exceed the projected total cost of offering the educational service:
PROVIDED FURTHER, That enrollments generated by courses offered on the
basis of contracts requiring payment of a share of the normal costs of
the course will be discounted to the percentage provided by the
college;
(18) Shall be authorized to pay dues to any association of trustees
that may be formed by the various boards of trustees; such association
may expend any or all of such funds to submit biennially, or more often
if necessary, to the governor and to the legislature, the
recommendations of the association regarding changes which would affect
the efficiency of such association;
(19) May participate in higher education centers and consortia that
involve any four-year public or independent college or university:
PROVIDED, That new degree programs or off-campus programs offered by a
four-year public or independent college or university in collaboration
with a community or technical college are subject to approval by the
council for higher education ((coordinating board under RCW
28B.76.230)) and the state board for community and technical colleges;
(20) Shall perform any other duties and responsibilities imposed by
law or rule of the state board; and
(21) May confer honorary associate of arts degrees upon persons who
request an honorary degree if they were students at the college in 1942
and did not graduate because they were ordered into an internment camp.
The honorary degree may also be requested by a representative of
deceased persons who meet these requirements. For the purposes of this
subsection, "internment camp" means a relocation center to which
persons were ordered evacuated by Presidential Executive Order 9066,
signed on February 19, 1942.
Sec. 336 RCW 28B.50.810 and 2010 c 245 s 3 are each amended to
read as follows:
(1) The college board may select community or technical colleges to
develop and offer programs of study leading to applied baccalaureate
degrees. Colleges may submit applications to the college board. The
college board and the higher education coordinating board shall review
the applications and select the colleges using objective criteria,
including, but not limited to:
(a) The college demonstrates the capacity to make a long-term
commitment of resources to build and sustain a high quality program;
(b) The college has or can readily engage faculty appropriately
qualified to develop and deliver a high quality curriculum at the
baccalaureate level;
(c) The college can demonstrate demand for the proposed program
from a sufficient number of students within its service area to make
the program cost-effective and feasible to operate;
(d) The college can demonstrate that employers demand the level of
technical training proposed within the program, making it cost-effective for students to seek the degree; and
(e) The proposed program fills a gap in options available for
students because it is not offered by a public four-year institution of
higher education in the college's geographic area.
(2) A college selected under this section may develop the
curriculum for and design and deliver courses leading to an applied
baccalaureate degree. However, degree programs developed under this
section are subject to approval by the college board under RCW
28B.50.090 ((and by the higher education coordinating board pursuant to
RCW 28B.76.230)) before a college may enroll students in upper division
courses.
Sec. 337 RCW 28B.65.050 and 1998 c 245 s 22 are each amended to
read as follows:
(1) The board shall oversee, coordinate, and evaluate the high-technology programs.
(2) The board shall:
(a) Determine the specific high-technology occupational fields in
which technical training is needed and advise the institutions of
higher education ((and the higher education coordinating board)) on
their findings;
(b) Identify economic areas and high-technology industries in need
of technical training and research and development critical to economic
development and advise the institutions of higher education ((and the
higher education coordinating board)) on their findings;
(c) Oversee and coordinate the Washington high-technology education
and training program to ensure high standards, efficiency, and
effectiveness;
(d) Work cooperatively with the superintendent of public
instruction to identify the skills prerequisite to the high-technology
programs in the institutions of higher education;
(e) Work cooperatively with and provide any information or advice
which may be requested by the council for higher education
((coordinating board)) during the board's review of new baccalaureate
degree program proposals which are submitted under this chapter.
Nothing in this chapter shall be construed as altering or superseding
the powers or prerogatives of the council for higher education
((coordinating board)) over the review of new degree programs as
established in section 6(2) of this 1985 act;
(f) Work cooperatively with the department of ((community, trade,
and economic development)) commerce to identify the high-technology
education and training needs of existing Washington businesses and
businesses with the potential to locate in Washington;
(g) Work towards increasing private sector participation and
contributions in Washington high-technology programs;
(h) Identify and evaluate the effectiveness of state sponsored
research related to high technology; and
(i) Establish and maintain a plan, including priorities, to guide
high-technology program development in public institutions of higher
education, which plan shall include an assessment of current high-technology programs, steps to increase existing programs, new
initiatives and programs necessary to promote high technology, and
methods to coordinate and target high-technology programs to changing
market opportunities in business and industry.
(3) The board may adopt rules under chapter 34.05 RCW as it deems
necessary to carry out the purposes of this chapter.
(4) The board shall cease to exist on June 30, 1987, unless
extended by law for an additional fixed period of time.
Sec. 338 RCW 28B.85.010 and 1986 c 136 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" means the higher education coordinating board.))
"Council" means the council for higher education.
(2) "Degree" means any designation, appellation, letters, or words
including but not limited to "associate," "bachelor," "master,"
"doctor," or "fellow" which signify or purport to signify satisfactory
completion of the requirements of an academic program of study beyond
the secondary school level.
(3) "Degree-granting institution" means an entity that offers
educational credentials, instruction, or services prerequisite to or
indicative of an academic or professional degree beyond the secondary
level.
Sec. 339 RCW 28B.85.020 and 2006 c 234 s 3 are each amended to
read as follows:
(1) The ((board)) council:
(a) Shall adopt by rule, in accordance with chapter 34.05 RCW,
minimum standards for degree-granting institutions concerning granting
of degrees, quality of education, unfair business practices, financial
stability, and other necessary measures to protect citizens of this
state against substandard, fraudulent, or deceptive practices. The
rules shall require that an institution operating in Washington:
(i) Be accredited;
(ii) Have applied for accreditation and such application is pending
before the accrediting agency;
(iii) Have been granted a waiver by the ((board)) council waiving
the requirement of accreditation; or
(iv) Have been granted an exemption by the ((board)) council from
the requirements of this subsection (1)(a);
(b) May investigate any entity the ((board)) council reasonably
believes to be subject to the jurisdiction of this chapter. In
connection with the investigation, the ((board)) council may administer
oaths and affirmations, issue subpoenas and compel attendance, take
evidence, and require the production of any books, papers,
correspondence, memorandums, or other records which the ((board))
council deems relevant or material to the investigation. The ((board))
council, including its staff and any other authorized persons, may
conduct site inspections, the cost of which shall be borne by the
institution, and examine records of all institutions subject to this
chapter;
(c) Shall develop an interagency agreement with the workforce
training and education coordinating board to regulate degree-granting
private vocational schools with respect to degree and nondegree
programs; and
(d) Shall develop and disseminate information to the public about
entities that sell or award degrees without requiring appropriate
academic achievement at the postsecondary level, including but not
limited to, a description of the substandard and potentially fraudulent
practices of these entities, and advice about how the public can
recognize and avoid the entities. To the extent feasible, the
information shall include links to additional resources that may assist
the public in identifying specific institutions offering substandard or
fraudulent degree programs.
(2) Financial disclosures provided to the ((board)) council by
degree-granting private vocational schools are not subject to public
disclosure under chapter 42.56 RCW.
Sec. 340 RCW 28B.85.030 and 2003 c 53 s 175 are each amended to
read as follows:
(1) A degree-granting institution shall not operate and shall not
grant or offer to grant any degree unless the institution has obtained
current authorization from the ((board)) council.
(2) Any person, group, or entity or any owner, officer, agent, or
employee of such entity who willfully violates this section is guilty
of a gross misdemeanor and shall be punished by a fine not to exceed
one thousand dollars or by imprisonment in the county jail for a term
not to exceed one year, or by both such fine and imprisonment. Each
day on which a violation occurs constitutes a separate violation. The
criminal sanctions may be imposed by a court of competent jurisdiction
in an action brought by the attorney general of this state.
Sec. 341 RCW 28B.85.040 and 2006 c 234 s 4 are each amended to
read as follows:
(1) An institution or person shall not advertise, offer, sell, or
award a degree or any other type of educational credential unless the
student has enrolled in and successfully completed a prescribed program
of study, as outlined in the institution's publications. This
prohibition shall not apply to honorary credentials clearly designated
as such on the front side of the diploma or certificate and awarded by
institutions offering other educational credentials in compliance with
state law.
(2) No exemption or waiver granted under this chapter is permanent.
The ((board)) council shall periodically review exempted degree-granting institutions and degree-granting institutions granted a
waiver, and continue exemptions or waivers only if an institution meets
the statutory or ((board)) council requirements for exemption or waiver
in effect on the date of the review.
(3) Except as provided in subsection (1) of this section, this
chapter shall not apply to:
(a) Any public college, university, community college, technical
college, or institute operating as part of the public higher
educational system of this state;
(b) Institutions that have been accredited by an accrediting
association recognized by the agency for the purposes of this chapter:
PROVIDED, That those institutions meet minimum exemption standards
adopted by the agency; and PROVIDED FURTHER, That an 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 to qualify for this exemption;
(c) Institutions of a religious character, but only as to those
education programs devoted exclusively to religious or theological
objectives if the programs are represented in an accurate manner in
institutional catalogs and other official publications;
(d) Honorary credentials clearly designated as such on the front
side of the diploma or certificate awarded by institutions offering
other educational credentials in compliance with state law; or
(e) Institutions not otherwise exempt which offer only workshops or
seminars and institutions offering only credit-bearing workshops or
seminars lasting no longer than three calendar days.
Sec. 342 RCW 28B.85.050 and 1986 c 136 s 5 are each amended to
read as follows:
All degree-granting institutions subject to this chapter shall file
information with the ((board)) council as the ((board)) council may
require.
Sec. 343 RCW 28B.85.060 and 1986 c 136 s 6 are each amended to
read as follows:
The ((board)) council shall impose fees on any degree-granting
institution authorized to operate under this chapter. Fees shall be
set and revised by the ((board)) council by rule at the level necessary
to approximately recover the staffing costs incurred in administering
this chapter. Fees shall be deposited in the general fund.
Sec. 344 RCW 28B.85.070 and 1986 c 136 s 7 are each amended to
read as follows:
(1) The ((board)) council may require any degree-granting
institution to have on file with the ((board)) council an approved
surety bond or other security in lieu of a bond in an amount determined
by the ((board)) council.
(2) In lieu of a surety bond, an institution may deposit with the
((board)) council a cash deposit or other negotiable security
acceptable to the ((board)) council. The security deposited with the
((board)) council in lieu of the surety bond shall be returned to the
institution one year after the institution's authorization has expired
or been revoked if legal action has not been instituted against the
institution or the security deposit at the expiration of the year. The
obligations and remedies relating to surety bonds authorized by this
section, including but not limited to the settlement of claims
procedure in subsection (5) of this section, shall apply to deposits
filed with the ((board)) council, as applicable.
(3) Each bond shall:
(a) Be executed by the institution as principal and by a corporate
surety licensed to do business in the state;
(b) Be payable to the state for the benefit and protection of any
student or enrollee of an institution, or, in the case of a minor, his
or her parents or guardian;
(c) Be conditioned on compliance with all provisions of this
chapter and the ((board's)) council's rules adopted under this chapter;
(d) Require the surety to give written notice to the ((board))
council at least thirty-five days before cancellation of the bond; and
(e) Remain in effect for one year following the effective date of
its cancellation or termination as to any obligation occurring on or
before the effective date of cancellation or termination.
(4) Upon receiving notice of a bond cancellation, the ((board))
council shall notify the institution that the authorization will be
suspended on the effective date of the bond cancellation unless the
institution files with the ((board)) council another approved surety
bond or other security. The ((board)) council may suspend or revoke
the authorization at an earlier date if it has reason to believe that
such action will prevent students from losing their tuition or fees.
(5) If a complaint is filed under RCW 28B.85.090(1) against an
institution, the ((board)) council may file a claim against the surety
and settle claims against the surety by following the procedure in this
subsection.
(a) The ((board)) council shall attempt to notify all potential
claimants. If the absence of records or other circumstances makes it
impossible or unreasonable for the ((board)) council to ascertain the
names and addresses of all the claimants, the ((board)) council after
exerting due diligence and making reasonable inquiry to secure that
information from all reasonable and available sources, may make a
demand on a bond on the basis of information in the ((board's))
council's possession. The ((board)) council is not liable or
responsible for claims or the handling of claims that may subsequently
appear or be discovered.
(b) Thirty days after notification, if a claimant fails, refuses,
or neglects to file with the ((board)) council a verified claim, the
((board)) council shall be relieved of further duty or action under
this chapter on behalf of the claimant.
(c) After reviewing the claims, the ((board)) council may make
demands upon the bond on behalf of those claimants whose claims have
been filed. The ((board)) council may settle or compromise the claims
with the surety and may execute and deliver a release and discharge of
the bond.
(d) If the surety refuses to pay the demand, the ((board)) council
may bring an action on the bond in behalf of the claimants. If an
action is commenced on the bond, the ((board)) council may require a
new bond to be filed.
(e) Within ten days after a recovery on a bond or other posted
security has occurred, the institution shall file a new bond or
otherwise restore its security on file to the required amount.
(6) The liability of the surety shall not exceed the amount of the
bond.
Sec. 345 RCW 28B.85.080 and 1986 c 136 s 8 are each amended to
read as follows:
The ((board)) council may suspend or modify any of the requirements
under this chapter in a particular case if ((the board)) it finds that:
(1) The suspension or modification is consistent with the purposes
of this chapter; and
(2) The education to be offered addresses a substantial,
demonstrated need among residents of the state or that literal
application of this chapter would cause a manifestly unreasonable
hardship.
Sec. 346 RCW 28B.85.090 and 1989 c 175 s 82 are each amended to
read as follows:
(1) A person claiming loss of tuition or fees as a result of an
unfair business practice may file a complaint with the ((board))
council. The complaint shall set forth the alleged violation and shall
contain information required by the ((board)) council. A complaint may
also be filed with the ((board)) council by an authorized staff member
of the ((board)) council or by the attorney general.
(2) The ((board)) council shall investigate any complaint under
this section and may attempt to bring about a settlement. The
((board)) council may hold a hearing pursuant to the administrative
procedure act, chapter 34.05 RCW, in order to determine whether a
violation has occurred. If the ((board)) council prevails, the degree-granting institution shall pay the costs of the administrative hearing.
(3) If, after the hearing, the ((board)) council finds that the
institution or its agent engaged in or is engaging in any unfair
business practice, the ((board)) council shall issue and cause to be
served upon the violator an order requiring the violator to cease and
desist from the act or practice and may impose the penalties under RCW
28B.85.100. If the ((board)) council finds that the complainant has
suffered loss as a result of the act or practice, the ((board)) council
may order full or partial restitution for the loss. The complainant is
not bound by the ((board's)) council's determination of restitution and
may pursue any other legal remedy.
Sec. 347 RCW 28B.85.100 and 1986 c 136 s 10 are each amended to
read as follows:
Any person, group, or entity or any owner, officer, agent, or
employee of such entity who ((wilfully)) willfully violates any
provision of this chapter or the rules adopted under this chapter shall
be subject to a civil penalty of not more than one hundred dollars for
each violation. Each day on which a violation occurs constitutes a
separate violation. The fine may be imposed by the ((higher education
coordinating board)) council or by any court of competent jurisdiction.
Sec. 348 RCW 28B.85.130 and 1986 c 136 s 13 are each amended to
read as follows:
If any degree-granting institution discontinues its operation, the
chief administrative officer of the institution shall file with the
((board)) council the original or legible true copies of all
educational records required by the ((board)) council. If the
((board)) council determines that any educational records are in danger
of being made unavailable to the ((board)) council, the ((board))
council may seek a court order to protect and if necessary take
possession of the records. The ((board)) council shall cause to be
maintained a permanent file of educational records coming into its
possession.
Sec. 349 RCW 28B.85.170 and 1986 c 136 s 17 are each amended to
read as follows:
The ((board)) council may seek injunctive relief, after giving
notice to the affected party, in a court of competent jurisdiction for
a violation of this chapter or the rules adopted under this chapter.
The ((board)) council need not allege or prove that the ((board))
council has no adequate remedy at law. The right of injunction
provided in this section is in addition to any other legal remedy which
the ((board)) council has and is in addition to any right of criminal
prosecution provided by law. The existence of ((board)) council action
with respect to alleged violations of this chapter and rules adopted
under this chapter does not operate as a bar to an action for
injunctive relief under this section.
Sec. 350 RCW 28B.90.010 and 1993 c 181 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) "Degree" means any designation, appellation, certificate,
letters or words including, but not limited to, "associate,"
"bachelor," "masters," "doctorate," or "fellow" that signifies, or
purports to signify, satisfactory and successful completion of
requirements of a postsecondary academic program of study.
(2) "Foreign degree-granting institution" means a public or private
college or university, either profit or nonprofit:
(a) That is domiciled in a foreign country;
(b) That offers in its country of domicile credentials,
instruction, or services prerequisite to the obtaining of an academic
or professional degree granted by such college or university; and
(c) That is authorized under the laws or regulations of its country
of domicile to operate a degree-granting institution in that country.
(3) "Approved branch campus" means a foreign degree-granting
institution's branch campus that has been approved by the council for
higher education ((coordinating board)) to operate in the state.
(4) "Branch campus" means an educational facility located in the
state that:
(a) Is either owned and operated directly by a foreign degree-granting institution or indirectly through a Washington profit or
nonprofit corporation in which the foreign degree-granting institution
is the sole or controlling shareholder or member; and
(b) Provides courses solely and exclusively to students enrolled in
a degree-granting program offered by the foreign degree-granting
institution who:
(i) Have received academic credit for courses of study completed at
the foreign degree-granting institution in its country of domicile;
(ii) Will receive academic credit towards their degree from the
foreign degree-granting institution for the courses of study completed
at the educational facility in the state; and
(iii) Will return to the foreign degree-granting institution in its
country of domicile for completion of their degree-granting program or
receipt of their degree.
(5) (("Board")) "Council" means the council for higher education
((coordinating board)).
Sec. 351 RCW 28B.90.020 and 1999 c 85 s 1 are each amended to
read as follows:
A foreign degree-granting institution that submits evidence
satisfactory to the ((board)) council of its authorized status in its
country of domicile and its intent to establish an educational facility
in the state is entitled to operate a branch campus as defined in RCW
28B.90.010. Upon receipt of the satisfactory evidence, the ((board))
council may certify that the branch campus of the foreign degree-
granting institution is approved to operate in the state under this
chapter, for as long as the foreign degree-granting institution retains
its authorized status in its country of domicile.
Sec. 352 RCW 28B.90.030 and 1993 c 181 s 4 are each amended to
read as follows:
A branch campus of a foreign degree-granting institution previously
found by the ((board)) council to be exempt from chapter 28B.85 RCW may
continue to operate in the state. However, within one year of July 25,
1993, the institution shall provide evidence of authorization as
required under RCW 28B.90.020. Upon receipt of the satisfactory
evidence, the ((board)) council shall certify that the branch campus of
the foreign degree-granting institution is approved to operate in the
state under this chapter.
Sec. 353 RCW 28B.110.030 and 1989 c 341 s 3 are each amended to
read as follows:
((In consultation with)) The institutions of higher education((,
the higher education coordinating board)) shall develop rules and
guidelines to eliminate possible gender discrimination to students,
including sexual harassment, at institutions of higher education as
defined in RCW 28B.10.016. The rules and guidelines shall include but
not be limited to access to academic programs, student employment,
counseling and guidance services, financial aid, recreational
activities including club sports, and intercollegiate athletics.
(1) With respect to higher education student employment, all
institutions shall be required to:
(a) Make no differentiation in pay scales on the basis of gender;
(b) Assign duties without regard to gender except where there is a
bona fide occupational qualification as approved by the Washington
human rights commission;
(c) Provide the same opportunities for advancement to males and
females; and
(d) Make no difference in the conditions of employment on the basis
of gender in areas including, but not limited to, hiring practices,
leaves of absence, and hours of employment.
(2) With respect to admission standards, admissions to academic
programs shall be made without regard to gender.
(3) Counseling and guidance services for students shall be made
available to all students without regard to gender. All academic and
counseling personnel shall be required to stress access to all career
and vocational opportunities to students without regard to gender.
(4) All academic programs shall be available to students without
regard to gender.
(5) With respect to recreational activities, recreational
activities shall be offered to meet the interests of students.
Institutions which provide the following shall do so with no
disparities based on gender: Equipment and supplies; medical care;
services and insurance; transportation and per diem allowances;
opportunities to receive coaching and instruction; laundry services;
assignment of game officials; opportunities for competition, publicity,
and awards; and scheduling of games and practice times, including use
of courts, gyms, and pools. Each institution which provides showers,
toilets, lockers, or training room facilities for recreational purposes
shall provide comparable facilities for both males and females.
(6) With respect to financial aid, financial aid shall be equitably
awarded by type of aid, with no disparities based on gender.
(7) With respect to intercollegiate athletics, institutions that
provide the following shall do so with no disparities based on gender:
(a) Benefits and services including, but not limited to, equipment
and supplies; medical services; services and insurance; transportation
and per diem allowances; opportunities to receive coaching and
instruction; scholarships and other forms of financial aid;
conditioning programs; laundry services; assignment of game officials;
opportunities for competition, publicity, and awards; and scheduling of
games and practice times, including use of courts, gyms, and pools.
Each institution which provides showers, toilets, lockers, or training
room facilities for athletic purposes shall provide comparable
facilities for both males and females.
(b) Opportunities to participate in intercollegiate athletics.
Institutions shall provide equitable opportunities to male and female
students.
(c) Male and female coaches and administrators. Institutions shall
attempt to provide some coaches and administrators of each gender to
act as role models for male and female athletes.
(8) Each institution shall develop and distribute policies and
procedures for handling complaints of sexual harassment.
Sec. 354 RCW 28B.110.040 and 1997 c 5 s 5 are each amended to
read as follows:
The ((executive)) director of the ((higher education coordinating
board)) office of financial management, in consultation with the
council ((of presidents)) for higher education and the state board for
community and technical colleges, shall monitor the compliance by
institutions of higher education with this chapter.
(1) The ((board)) office of financial management shall establish a
timetable and guidelines for compliance with this chapter.
(2) By November 30, 1990, each institution shall submit to the
((board)) office of financial management for approval a plan to comply
with the requirements of RCW 28B.110.030. The plan shall contain
measures to ensure institutional compliance with the provisions of this
chapter by September 30, 1994. If participation in activities, such as
intercollegiate athletics and matriculation in academic programs is not
proportionate to the percentages of male and female enrollment, the
plan should outline efforts to identify barriers to equal participation
and to encourage gender equity in all aspects of college and university
life.
(3) ((The board shall report every four years, beginning December
31, 1998, to the governor and the higher education committees of the
house of representatives and the senate on institutional efforts to
comply with this chapter. The report shall include recommendations on
measures to assist institutions with compliance. This report may be
combined with the report required in RCW 28B.15.465.)) The ((
(4)board)) office of financial management may delegate to
the state board for community and technical colleges any or all
responsibility for community college compliance with the provisions of
this chapter.
Sec. 355 RCW 47.80.090 and 2009 c 459 s 2 are each amended to
read as follows:
(1) A regional transportation planning organization containing any
county with a population in excess of one million in collaboration with
representatives from the department of ecology, the department of
((community, trade, and economic development)) commerce, local
governments, and the office of regulatory assistance must seek federal
or private funding for the planning for, deployment of, or regulations
concerning electric vehicle infrastructure. These efforts should
include:
(a) Development of short-term and long-term plans outlining how
state, regional, and local government construction may include electric
vehicle infrastructure in publicly available off-street parking and
government fleet vehicle parking, including what ratios of charge spots
to parking may be appropriate based on location or type of facility or
building;
(b) Consultations with the state building code council and the
department of labor and industries to coordinate the plans with state
standards for new residential, commercial, and industrial buildings to
ensure that the appropriate electric circuitry is installed to support
electric vehicle infrastructure;
(c) Consultation with the workforce development council ((and)),
the council for higher education ((coordinating board)), and the state
board for community and technical colleges to ensure the development of
appropriate educational and training opportunities for citizens of the
state in support of the transition of some portion of vehicular
transportation from combustion to electric vehicles;
(d) Development of an implementation plan for counties with a
population greater than five hundred thousand with the goal of having
public and private parking spaces, in the aggregate, be ten percent
electric vehicle ready by December 31, 2018; and
(e) Development of model ordinances and guidance for local
governments for siting and installing electric vehicle infrastructure,
in particular battery charging stations, and appropriate handling,
recycling, and storage of electric vehicle batteries and equipment.
(2) These plans and any recommendations developed as a result of
the consultations required by this section must be submitted to the
legislature by December 31, 2010, or as soon as reasonably practicable
after the securing of any federal or private funding. Priority will be
given to the activities in subsection (1)(e) of this section and any
ordinances or guidance that is developed will be submitted to the
legislature, the department of ((community, trade, and economic
development)) commerce, and affected local governments prior to
December 31, 2010, if completed.
(3) The definitions in this subsection apply ((through
[throughout])) throughout this section unless the context clearly
requires otherwise.
(a) "Battery charging station" means an electrical component
assembly or cluster of component assemblies designed specifically to
charge batteries within electric vehicles, which meet or exceed any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility
that will enable an electric vehicle with a swappable battery to enter
a drive lane and exchange the depleted battery with a fully charged
battery through a fully automated process, which meets or exceeds any
standards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery,
and equipment necessary and integral to support an electric vehicle,
including battery charging stations, rapid charging stations, and
battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical
outlet that allows for faster recharging of electric vehicle batteries
through higher power levels, which meets or exceeds any standards,
codes, and regulations set forth by chapter 19.28 RCW and consistent
with rules adopted under RCW 19.27.540.
NEW SECTION. Sec. 356 The following sections are each recodified
as sections in chapter 43.41 RCW.
RCW 28B.76.210
RCW 28B.76.300
RCW 28B.76.310
NEW SECTION. Sec. 357 The following acts or parts of acts are
each repealed:
(1) RCW 28B.10.920 (Performance agreements--Generally) and 2008 c
160 s 2;
(2) RCW 28B.10.921 (Performance agreements -- Contents) and 2008 c
160 s 3;
(3) RCW 28B.10.922 (Performance agreements -- State committee--Development of final proposals -- Implementation -- Updates) and 2008 c 160
s 4; and
(4) RCW 28B.15.465 (Gender equity -- Reports) and 1997 c 5 s 3 & 1989
c 340 s 5.
NEW SECTION. Sec. 358 A new section is added to chapter 28B.76
RCW to read as follows:
(1) All powers, duties, and functions of the higher education
coordinating board not specifically assigned to other agencies in
chapter ..., Laws of 2011 (this act), are transferred to the council
for higher education. All references to the director or the higher
education coordinating board in the Revised Code of Washington shall be
construed to be the executive director of the council for higher
education or the council for higher education 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 council for higher
education. 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 council for higher
education. All funds, credits, or other assets held in connection with
the powers, functions, and duties transferred shall be assigned to the
council for higher education.
(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 council for higher education.
(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 council for higher education.
All employees classified under chapter 41.06 RCW, the state civil
service law, are assigned to the council for higher education 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 council for higher
education. All existing contracts and obligations shall remain in full
force and shall be performed by the council for higher education.
(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.
Sec. 401 RCW 35.104.020 and 2007 c 251 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Authority" means a health sciences and services authority
created pursuant to this chapter.
(2) "Board" means the governing board of trustees of an authority.
(3) "Director" means (([the director of])) the director of the
((higher)) workforce training and education coordinating board.
(4) "Health sciences and services" means biosciences that advance
new therapies and procedures to combat disease and promote public
health.
(5) "Local government" means a city, town, or county.
(6) "Sponsoring local government" means a city, town, or county
that creates a health sciences and services authority.
Sec. 402 RCW 35.104.040 and 2010 1st sp.s. c 33 s 2 are each
amended to read as follows:
(1) The ((higher)) workforce training and education coordinating
board may approve applications submitted by local governments for an
area's designation as a health sciences and services authority under
this chapter. The director must determine the division to review
applications submitted by local governments under this chapter. The
application for designation must be in the form and manner and contain
such information as the ((higher)) workforce training and education
coordinating board may prescribe, provided the application:
(a) Contains sufficient information to enable the director to
determine the viability of the proposal;
(b) Demonstrates that an ordinance or resolution has been passed by
the legislative authority of a local government that delineates the
boundaries of an area that may be designated an authority;
(c) Is submitted on behalf of the local government, or, if that
office does not exist, by the legislative body of the local government;
(d) Demonstrates that the public funds directed to programs or
facilities in the authority will leverage private sector resources and
contributions to activities to be performed;
(e) Provides a plan or plans for the development of the authority
as an entity to advance as a cluster for health sciences education,
health sciences research, biotechnology development, biotechnology
product commercialization, and/or health care services; and
(f) Demonstrates that the state has previously provided funds to
health sciences and services programs or facilities in the applicant
city, town, or county.
(2) The director must determine the division to develop criteria to
evaluate the application. The criteria must include:
(a) The presence of infrastructure capable of spurring development
of the area as a center of health sciences and services;
(b) The presence of higher education facilities where undergraduate
or graduate coursework or research is conducted; and
(c) The presence of facilities in which health services are
provided.
(3) There may be no more than two authorities statewide.
(4) An authority may only be created in a county with a population
of less than one million persons and located east of the crest of the
Cascade mountains.
(5) The director may reject or approve an application. When
denying an application, the director must specify the application's
deficiencies. The decision regarding such designation as it relates to
a specific local government is final; however, a rejected application
may be resubmitted.
(6) Applications are due by December 31, 2010, and must be
processed within sixty days of submission.
(7) The director may, at his or her discretion, amend the
boundaries of an authority upon the request of the local government.
(8) The ((higher)) workforce training and education coordinating
board may adopt any rules necessary to implement this chapter.
(9) The ((higher)) workforce training and education coordinating
board must develop evaluation and performance measures in order to
evaluate the effectiveness of the programs in the authorities that are
funded with public resources. A report to the legislature is due on a
biennial basis beginning December 1, 2009. In addition, the ((higher))
workforce training and education coordinating board must develop
evaluation criteria that enables the local governments to measure the
effectiveness of the program.
Sec. 403 RCW 43.06.115 and 1998 c 245 s 47 are each amended to
read as follows:
(1) The governor may, by executive order, after consultation with
or notification of the executive-legislative committee on economic
development created by chapter . . . (Senate Bill No. 5300), Laws of
1993, declare a community to be a "military impacted area." A
"military impacted area" means a community or communities, as
identified in the executive order, that experience serious social and
economic hardships because of a change in defense spending by the
federal government in that community or communities.
(2) If the governor executes an order under subsection (1) of this
section, the governor shall establish a response team to coordinate
state efforts to assist the military impacted community. The response
team may include, but not be limited to, one member from each of the
following agencies: (a) The department of ((community, trade, and
economic development)) commerce; (b) the department of social and
health services; (c) the employment security department; (d) the state
board for community and technical colleges; (e) the ((higher))
workforce training and education coordinating board; and (f) the
department of transportation. The governor may appoint a response team
coordinator. The governor shall seek to actively involve the impacted
community or communities in planning and implementing a response to the
crisis. The governor may seek input or assistance from the community
diversification advisory committee, and the governor may establish task
forces in the community or communities to assist in the coordination
and delivery of services to the local community. The state and
community response shall consider economic development, human service,
and training needs of the community or communities impacted.
NEW SECTION. Sec. 404 (1) All powers, duties, and functions of
the higher education coordinating board pertaining to degree-granting
institutions, approval of health sciences and services authorities, and
the approval of veterans' programs are transferred to the workforce
training and education coordinating board, unless and until the
governor designates an alternate state approving agency for purposes of
approving veterans' programs pursuant to 38 U.S.C. Sec. 3671(a).
(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 workforce training
and education coordinating board. 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
workforce training and education coordinating board. All funds,
credits, or other assets held in connection with the powers, functions,
and duties transferred shall be assigned to the workforce training and
education coordinating board.
(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 workforce training and education coordinating board.
(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 workforce training and education
coordinating board. All employees classified under chapter 41.06 RCW,
the state civil service law, are assigned to the workforce training and
education coordinating board 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 workforce training
and education coordinating board. All existing contracts and
obligations shall remain in full force and shall be performed by the
workforce training and education coordinating board.
(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 workforce training and education coordinating
board under this section whose positions are within an existing
bargaining unit description at the workforce training and education
coordinating board shall become a part of the existing bargaining unit
at the workforce training and education coordinating board and shall be
considered an appropriate inclusion or modification of the existing
bargaining unit under the provisions of chapter 41.80 RCW.
Sec. 501 RCW 9A.60.070 and 2006 c 234 s 2 are each amended to
read as follows:
(1) A person is guilty of issuing a false academic credential if
the person knowingly:
(a) Grants or awards a false academic credential or offers to grant
or award a false academic credential in violation of this section;
(b) Represents that a credit earned or granted by the person in
violation of this section can be applied toward a credential offered by
another person;
(c) Grants or offers to grant a credit for which a representation
as described in (b) of this subsection is made; or
(d) Solicits another person to seek a credential or to earn a
credit the person knows is offered in violation of this section.
(2) A person is guilty of knowingly using a false academic
credential if the person knowingly uses a false academic credential or
falsely claims to have a credential issued by an institution of higher
education that is accredited by an accrediting association recognized
as such by rule of the council for higher education ((coordinating
board)):
(a) In a written or oral advertisement or other promotion of a
business; or
(b) With the intent to:
(i) Obtain employment;
(ii) Obtain a license or certificate to practice a trade,
profession, or occupation;
(iii) Obtain a promotion, compensation or other benefit, or an
increase in compensation or other benefit, in employment or in the
practice of a trade, profession, or occupation;
(iv) Obtain admission to an educational program in this state; or
(v) Gain a position in government with authority over another
person, regardless of whether the person receives compensation for the
position.
(3) The definitions in this subsection apply throughout this
section and RCW 28B.85.220.
(a) "False academic credential" means a document that provides
evidence or demonstrates completion of an academic or professional
course of instruction beyond the secondary level that results in the
attainment of an academic certificate, degree, or rank, and that is not
issued by a person or entity that: (i) Is an entity accredited by an
agency recognized as such by rule of the council for higher education
((coordinating board)) or has the international equivalents of such
accreditation; or (ii) is an entity authorized as a degree-granting
institution by the council for higher education ((coordinating board));
or (iii) is an entity exempt from the requirements of authorization as
a degree-granting institution by the council for higher education
((coordinating board)); or (iv) is an entity that has been granted a
waiver by the council for higher education ((coordinating board)) from
the requirements of authorization by the ((board)) council for higher
education. Such documents include, but are not limited to, academic
certificates, degrees, coursework, degree credits, transcripts, or
certification of completion of a degree.
(b) "Grant" means award, bestow, confer, convey, sell, or give.
(c) "Offer," in addition to its usual meanings, means advertise,
publicize, or solicit.
(d) "Operate" includes but is not limited to the following:
(i) Offering courses in person, by correspondence, or by electronic
media at or to any Washington location for degree credit;
(ii) Granting or offering to grant degrees in Washington;
(iii) Maintaining or advertising a Washington location, mailing
address, computer server, or telephone number, for any purpose, other
than for contact with the institution's former students for any
legitimate purpose related to the students having attended the
institution.
(4) Issuing a false academic credential is a class C felony.
(5) Knowingly using a false academic credential is a gross
misdemeanor.
Sec. 502 RCW 18.260.110 and 2008 c 150 s 1 are each amended to
read as follows:
Nothing in this chapter may be construed to prohibit or restrict:
(1) The practice of a dental assistant in the discharge of official
duties by dental assistants in the United States federal services on
federal reservations, including but not limited to the armed services,
coast guard, public health service, veterans' bureau, or bureau of
Indian affairs;
(2) Expanded function dental auxiliary education and training
programs approved by the commission and the practice as an expanded
function dental auxiliary by students in expanded function dental
auxiliary education and training programs approved by the commission,
when acting under the direction and supervision of persons licensed
under chapter 18.29 or 18.32 RCW;
(3) Dental assistant education and training programs, and the
practice of dental assisting by students in dental assistant education
and training programs approved by the commission or offered at a school
approved or licensed by the workforce training and education
coordinating board, ((higher education coordinating board,)) state
board for community and technical colleges, or Washington state skill
centers certified by the office of the superintendent of public
instruction, when acting under the direction and supervision of persons
registered or licensed under this chapter or chapter 18.29 or 18.32
RCW; or
(4) The practice of a volunteer dental assistant providing services
under the supervision of a licensed dentist in a charitable dental
clinic, as approved by the commission in rule.
Sec. 503 RCW 28A.230.100 and 2006 c 263 s 402 and 2006 c 114 s 4
are each reenacted and amended to read as follows:
The superintendent of public instruction, in consultation with
((the higher education coordinating board,)) the state board for
community and technical colleges((,)) and the workforce training and
education coordinating board, shall adopt rules pursuant to chapter
34.05 RCW, to implement the course requirements set forth in RCW
28A.230.090. The rules shall include, as the superintendent deems
necessary, granting equivalencies for and temporary exemptions from the
course requirements in RCW 28A.230.090 and special alterations of the
course requirements in RCW 28A.230.090. In developing such rules the
superintendent shall recognize the relevance of vocational and applied
courses and allow such courses to fulfill in whole or in part the
courses required for graduation in RCW 28A.230.090, as determined by
the high school or school district in accordance with RCW 28A.230.097.
The rules may include provisions for competency testing in lieu of such
courses required for graduation in RCW 28A.230.090 or demonstration of
specific skill proficiency or understanding of concepts through work or
experience.
Sec. 504 RCW 28A.600.280 and 2009 c 450 s 2 are each amended to
read as follows:
(1) The office of the superintendent of public instruction, in
collaboration with the state board for community and technical
colleges, the Washington state apprenticeship and training council, the
workforce training and education coordinating board, ((the higher
education coordinating board,)) and the public baccalaureate
institutions, shall report by September 1, 2010, and annually
thereafter to the education and higher education committees of the
legislature regarding participation in dual credit programs. The
report shall include:
(a) Data about student participation rates and academic performance
including but not limited to running start, college in the high school,
tech prep, international baccalaureate, advanced placement, and running
start for the trades;
(b) Data on the total unduplicated head count of students enrolled
in at least one dual credit program course; and
(c) The percentage of students who enrolled in at least one dual
credit program as percent of all students enrolled in grades nine
through twelve.
(2) Data on student participation shall be disaggregated by race,
ethnicity, gender, and receipt of free or reduced-price lunch.
Sec. 505 RCW 28A.600.290 and 2009 c 450 s 3 are each amended to
read as follows:
(1) The superintendent of public instruction, the state board for
community and technical colleges, ((the higher education coordinating
board,)) and the public baccalaureate institutions shall jointly
develop and each adopt rules governing the college in the high school
program. The association of Washington school principals shall be
consulted during the rules development. The rules shall be written to
encourage the maximum use of the program and may not narrow or limit
the enrollment options.
(2) College in the high school programs shall each be governed by
a local contract between the district and the institution of higher
education, in compliance with the guidelines adopted by the
superintendent of public instruction, the state board for community and
technical colleges, and the public baccalaureate institutions.
(3) The college in the high school program must include the
provisions in this subsection.
(a) The high school and institution of higher education together
shall define the criteria for student eligibility. The institution of
higher education may charge tuition fees to participating students.
(b) School districts shall report no student for more than one
full-time equivalent including college in the high school courses.
(c) The funds received by the institution of higher education may
not be deemed tuition or operating fees and may be retained by the
institution of higher education.
(d) Enrollment information on persons registered under this section
must be maintained by the institution of higher education separately
from other enrollment information and may not be included in official
enrollment reports, nor may such persons be considered in any
enrollment statistics that would affect higher education budgetary
determinations.
(e) A school district must grant high school credit to a student
enrolled in a program course if the student successfully completes the
course. If no comparable course is offered by the school district, the
school district superintendent shall determine how many credits to
award for the course. The determination shall be made in writing
before the student enrolls in the course. The credits shall be applied
toward graduation requirements and subject area requirements. Evidence
of successful completion of each program course shall be included in
the student's secondary school records and transcript.
(f) An institution of higher education must grant college credit to
a student enrolled in a program course if the student successfully
completes the course. The college credit shall be applied toward
general education requirements or major requirements. If no comparable
course is offered by the college, the institution of higher education
at which the teacher of the program course is employed shall determine
how many credits to award for the course and whether the course
fulfills general education or major requirements. Evidence of
successful completion of each program course must be included in the
student's college transcript.
(g) Eleventh and twelfth grade students or students who have not
yet received a high school diploma or its equivalent and are eligible
to be in the eleventh or twelfth grades may participate in the college
in the high school program.
(h) Participating school districts must provide general information
about the college in the high school program to all students in grades
ten, eleven, and twelve and to the parents and guardians of those
students.
(i) Full-time and part-time faculty at institutions of higher
education, including adjunct faculty, are eligible to teach program
courses.
(4) The definitions in this subsection apply throughout this
section.
(a) "Institution of higher education" has the meaning in RCW
28B.10.016 and also includes a public tribal college located in
Washington and accredited by the Northwest commission on colleges and
universities or another accrediting association recognized by the
United States department of education.
(b) "Program course" means a college course offered in a high
school under the college in the high school program.
Sec. 506 RCW 28A.600.310 and 2009 c 450 s 8 are each amended to
read as follows:
(1) Eleventh and twelfth grade students or students who have not
yet received the credits required for the award of a high school
diploma and are eligible to be in the eleventh or twelfth grades may
apply to a participating institution of higher education to enroll in
courses or programs offered by the institution of higher education. A
student receiving home-based instruction enrolling in a public high
school for the sole purpose of participating in courses or programs
offered by institutions of higher education shall not be counted by the
school district in any required state or federal accountability
reporting if the student's parents or guardians filed a declaration of
intent to provide home-based instruction and the student received home-based instruction during the school year before the school year in
which the student intends to participate in courses or programs offered
by the institution of higher education. Students receiving home-based
instruction under chapter 28A.200 RCW and students attending private
schools approved under chapter 28A.195 RCW shall not be required to
meet the student learning goals, obtain a certificate of academic
achievement or a certificate of individual achievement to graduate from
high school, or to master the essential academic learning requirements.
However, students are eligible to enroll in courses or programs in
participating universities only if the board of directors of the
student's school district has decided to participate in the program.
Participating institutions of higher education, in consultation with
school districts, may establish admission standards for these students.
If the institution of higher education accepts a secondary school pupil
for enrollment under this section, the institution of higher education
shall send written notice to the pupil and the pupil's school district
within ten days of acceptance. The notice shall indicate the course
and hours of enrollment for that pupil.
(2) In lieu of tuition and fees, as defined in RCW 28B.15.020 and
28B.15.041, running start students shall pay to the community or
technical college all other mandatory fees as established by each
community or technical college; and all other institutions of higher
education operating a running start program may charge technology fees.
The fees charged shall be prorated based on credit load.
(3) The institutions of higher education must make available fee
waivers for low-income running start students. Each institution must
establish a written policy for the determination of low-income students
before offering the fee waiver. A student shall be considered low
income and eligible for a fee waiver upon proof that the student is
currently qualified to receive free or reduced-price lunch. Acceptable
documentation of low-income status may also include, but is not limited
to, documentation that a student has been deemed eligible for free or
reduced-price lunches in the last five years, or other criteria
established in the institution's policy.
(4) The pupil's school district shall transmit to the institution
of higher education an amount per each full-time equivalent college
student at statewide uniform rates for vocational and nonvocational
students. The superintendent of public instruction shall separately
calculate and allocate moneys appropriated for basic education under
RCW 28A.150.260 to school districts for purposes of making such
payments and for granting school districts seven percent thereof to
offset program related costs. The calculations and allocations shall
be based upon the estimated statewide annual average per full-time
equivalent high school student allocations under RCW 28A.150.260,
excluding small high school enhancements, and applicable rules adopted
under chapter 34.05 RCW. The superintendent of public instruction((,
the higher education coordinating board,)) and the state board for
community and technical colleges shall consult on the calculation and
distribution of the funds. The funds received by the institution of
higher education from the school district shall not be deemed tuition
or operating fees and may be retained by the institution of higher
education. A student enrolled under this subsection shall be counted
for the purpose of meeting enrollment targets in accordance with terms
and conditions specified in the omnibus appropriations act.
(5) The state board for community and technical colleges, in
collaboration with the other institutions of higher education that
participate in the running start program and the office of the
superintendent of public instruction, shall identify, assess, and
report on alternatives for providing ongoing and adequate financial
support for the program. Such alternatives shall include but are not
limited to student tuition, increased support from local school
districts, and reallocation of existing state financial support among
the community and technical college system to account for differential
running start enrollment levels and impacts. The state board for
community and technical colleges shall report the assessment of
alternatives to the governor and to the appropriate fiscal and policy
committees of the legislature by September 1, 2010.
Sec. 507 RCW 28A.600.390 and 1994 c 205 s 10 are each amended to
read as follows:
The superintendent of public instruction((,)) and the state board
for community and technical colleges((, and the higher education
coordinating board)) shall jointly develop and adopt rules governing
RCW 28A.600.300 through 28A.600.380, if rules are necessary. The rules
shall be written to encourage the maximum use of the program and shall
not narrow or limit the enrollment options under RCW 28A.600.300
through 28A.600.380.
Sec. 508 RCW 28A.700.020 and 2008 c 170 s 102 are each amended to
read as follows:
(1) The office of the superintendent of public instruction, in
consultation with the workforce training and education coordinating
board, the Washington state apprenticeship and training council, and
the state board for community and technical colleges, shall develop a
list of statewide high-demand programs for secondary career and
technical education. The list shall be developed using the high-demand
list maintained by workforce development councils in consultation with
the employment security department((,)) and the high employer demand
programs of study identified by the workforce training and education
coordinating board((, and the high employer demand programs of study
identified by the higher education coordinating board)). Local school
districts may recommend additional high-demand programs in consultation
with local career and technical education advisory committees by
submitting evidence of local high demand.
(2) As used in this section and in RCW 28A.700.040, 28A.700.050,
and 28A.700.060((, and section 307 of this act)):
(a) "High-demand program" means a career and technical education
program that prepares students for either a high employer demand
program of study or a high-demand occupation, or both.
(b) "High employer demand program of study" means an apprenticeship
or an undergraduate or graduate certificate or degree program in which
the number of students per year prepared for employment from in-state
programs is substantially fewer than the number of projected job
openings per year in that field, either statewide or in a substate
region.
(c) "High-demand occupation" means an occupation with a substantial
number of current or projected employment opportunities.
Sec. 509 RCW 28A.700.060 and 2008 c 170 s 107 are each amended to
read as follows:
(1) The office of the superintendent of public instruction, the
workforce training and education coordinating board, and the state
board for community and technical colleges((, the higher education
coordinating board, and the council of presidents)) shall work with
local school districts, workforce education programs in colleges, tech
prep consortia, and four-year institutions of higher education to
develop model career and technical education programs of study as
described by this section.
(2) Career and technical education programs of study:
(a) Incorporate secondary and postsecondary education elements;
(b) Include coherent and rigorous academic content aligned with
state learning standards and relevant career and technical content in
a coordinated, nonduplicative progression of courses that are aligned
with postsecondary education in a related field;
(c) Include opportunities for students to earn dual high school and
college credit; and
(d) Lead to an industry-recognized credential or certificate at the
postsecondary level, or an associate or baccalaureate degree.
(3) During the 2008-09 school year, model career and technical
education programs of study shall be developed for the following
high-demand programs: Construction, health care, and information
technology. Each school year thereafter, the office of the
superintendent of public instruction, the state board for community and
technical colleges, ((the higher education coordinating board,)) and
the workforce training and education coordinating board shall select
additional programs of study to develop, with a priority on high-demand
programs as identified under RCW 28A.700.020.
Sec. 510 RCW 28B.07.040 and 1985 c 370 s 49 are each amended to
read as follows:
The authority is authorized and empowered to do the following, on
such terms, with such security and undertakings, subject to such
conditions, and in return for such consideration, as the authority
shall determine in its discretion to be necessary, useful, or
convenient in accomplishing the purposes of this chapter:
(1) To ((promulgate)) adopt rules in accordance with chapter 34.05
RCW;
(2) To adopt an official seal and to alter the same at pleasure;
(3) To maintain an office at any place or places as the authority
may designate;
(4) To sue and be sued in its own name, and to plead and be
impleaded;
(5) To make and execute agreements with participants and others and
all other instruments necessary, useful, or convenient for the
accomplishment of the purposes of this chapter;
(6) To provide long-term or short-term financing or refinancing to
participants for project costs, by way of loan, lease, conditional
sales contract, mortgage, option to purchase, or other financing or
security device or any such combination;
(7) If, in order to provide to participants the financing or
refinancing of project costs described in subsection (6) of this
section, the authority deems it necessary or convenient for it to own
a project or projects or any part of a project or projects, for any
period of time, it may acquire, contract, improve, alter, rehabilitate,
repair, manage, operate, mortgage, subject to a security interest,
lease, sell, or convey the project;
(8) To fix, revise from time to time, and charge and collect from
participants and others rates, rents, fees, charges, and repayments as
necessary to fully and timely reimburse the authority for all expenses
incurred by it in providing the financing and refinancing and other
services under this section and for the repayment, when due, of all the
principal of, redemption premium, if any, and interest on all bonds
issued under this chapter to provide the financing, refinancing, and
services;
(9) To accept and receive funds, grants, gifts, pledges,
guarantees, mortgages, trust deeds, and other security instruments, and
property from the federal government or the state or other public body,
entity, or agency and from any public or private institution,
association, corporation, or organization, including participants. It
shall not accept or receive from the state or any taxing agency any
money derived from taxes, except money to be devoted to the purposes of
a project of the state or of a taxing agency;
(10) To open and maintain a bank account or accounts in one or more
qualified public depositories in this state and to deposit all or any
part of authority funds therein;
(11) To employ consulting engineers, architects, attorneys,
accountants, construction and financial experts, superintendents,
managers, an executive director, and such other employees and agents as
may be necessary in its judgment to carry out the purposes of this
chapter, and to fix their compensation;
(12) To provide financing or refinancing to two or more
participants for a single project or for several projects in such
combinations as the authority deems necessary, useful, or convenient;
(13) To charge to and equitably apportion among participants the
administrative costs and expenses incurred in the exercise of the
powers and duties conferred by this chapter;
(14) ((To consult with the higher education coordinating board to
determine project priorities under the purposes of this chapter; and)) To do all other things necessary, useful, or convenient to
carry out the purposes of this chapter.
(15)
In the exercise of any of these powers, the authority shall incur
no expense or liability which shall be an obligation, either general or
special, of the state, or a general obligation of the authority, and
shall pay no expense or liability from funds other than funds of the
authority. Funds of the state shall not be used for such purpose.
Sec. 511 RCW 28B.10.056 and 2006 c 180 s 2 are each amended to
read as follows:
(1) A state priority is established for institutions of higher
education, including community colleges, to encourage growing numbers
of enrollments and degrees in the fields of engineering, technology,
biotechnology, sciences, computer sciences, and mathematics.
(2) In meeting this state priority, the legislature understands and
recognizes that the demands of the economic marketplace and the desires
of students are not always on parallel tracks. Therefore, institutions
of higher education shall determine local student demand for programs
in the fields of engineering, technology, biotechnology, sciences,
computer sciences, and mathematics and submit findings and proposed
alternatives to meet demand to the higher education coordinating board
and the legislature by November 1, 2008.
(3) While it is understood that these areas of emphasis should not
be the sole focus of institutions of higher education. It is the
intent of the legislature that steady progress in these areas occur.
The ((higher education coordinating board)) institutions of higher
education and the state board for community and technical colleges
shall track and report progress in the fields of engineering,
technology, biotechnology, sciences, computer sciences, and mathematics
including, but not limited to, the following information:
(a) The number of students enrolled in these fields on a biennial
basis;
(b) The number of associate, bachelor's, and master's degrees
conferred in these fields on a biennial basis;
(c) The amount of expenditures in enrollment and degree programs in
these fields; and
(d) The number and type of public-private partnerships established
relating to these fields among institutions of higher education,
including community colleges, and leading corporations in Washington
state.
(4) Institutions of higher education, including community colleges,
shall be provided discretion and flexibility in achieving the
objectives under this section. Examples of the types of institutional
programs that may help achieve these objectives include, but are not
limited to, establishment of institutes of technology, new polytechnic-based institutions, new divisions of existing institutions, and a
flexible array of delivery models, including face-to-face learning,
interactive courses, internet-based offerings, and instruction on main
campuses, branch campuses, and other educational centers.
(5) The legislature recognizes the global needs of the economic
marketplace for technologically prepared graduates, and the
relationship between technology industries and higher education.
Institutions of higher education, including community colleges, are
strongly urged to consider science, engineering, and technology program
growth in areas of the state that exhibit a high concentration of
aerospace, biotechnology, and technology industrial presence. Expanded
science and technology programs can gain from the proximity of
experienced and knowledgeable industry leaders, while industry can
benefit from access to new sources of highly trained and educated
graduates.
Sec. 512 RCW 28B.10.125 and 2000 c 166 s 2 are each amended to
read as follows:
(1) Beginning in April 2000, representatives of the public
baccalaureate institutions designated by the council of presidents, in
consultation with representatives of the community and technical
colleges ((and representatives of the higher education coordinating
board)), shall convene an interinstitutional group to begin to: (a)
Develop a definition of information and technology literacy; (b)
develop strategies or standards by which to measure the achievement of
information and technology literacy; and (c) develop a financial
assessment of the cost of implementation.
(2) The baccalaureate institutions shall provide the house of
representatives and senate committees on higher education with a
progress report in January 2001.
(3) By the end of January 2002, the baccalaureate institutions
shall deliver to the house of representatives and senate committees on
higher education a report detailing: (a) The definition of information
and technology literacy; (b) strategies or standards for measurement;
(c) institutionally specific plans for implementation; and (d) an
evaluation of the feasibility of implementation taking into
consideration cost.
(4) If the legislature determines that implementation is feasible,
the public baccalaureate institutions shall pilot test strategies to
assess and report on information and technology literacy during the
2002-03 academic year.
(5) By the end of January 2004, the institutions shall report to
the house of representatives and senate committees on higher education
the results of the 2002-03 pilot study.
(6) Implementation of assessment strategies shall begin in the
academic year 2003-04.
(((7) The higher education coordinating board shall report results
to the house of representatives and senate committees on higher
education in the 2005 legislative session.))
Sec. 513 RCW 28B.10.682 and 1995 c 310 s 2 are each amended to
read as follows:
By June 30, 1996, in consultation with the commission on student
learning, the superintendent of public instruction, the state board of
education, faculty, teachers from institutions of higher education and
high schools, and others as appropriate, ((the higher education
coordinating board)) shall adopt common definitions of remedial and
precollege material and course work. The definitions adopted by the
board shall be rigorous, challenging students to come to college well
prepared to engage in college and university work, and shall be adopted
by each institution of higher education as defined in RCW 28B.10.016.
Sec. 514 RCW 28B.10.784 and 1993 sp.s. c 15 s 6 are each amended
to read as follows:
The participation rate used to calculate enrollment levels under
RCW 28B.10.776 and 28B.10.782 shall be based on fall enrollment
reported in the higher education enrollment report as maintained by the
office of financial management, fall enrollment as reported in the
management information system of the state board for community and
technical colleges, and the corresponding fall population forecast by
the office of financial management. Formal estimates of the state
participation rates and enrollment levels necessary to fulfill the
requirements of RCW 28B.10.776 and 28B.10.782 shall be determined by
the office of financial management as part of its responsibility to
develop and maintain student enrollment forecasts for colleges and
universities under RCW 43.62.050. Formal estimates of the state
participation rates and enrollment levels required by this section
shall be based on procedures and standards established by a technical
work group consisting of staff from ((the higher education coordinating
board,)) the public four-year institutions of higher education, the
state board for community and technical colleges, the fiscal and higher
education committees of the house of representatives and the senate,
and the office of financial management. Formal estimates of the state
participation rates and enrollment levels required by this section
shall be submitted to the fiscal committees of the house of
representatives and senate on or before November 15th of each even-numbered year. ((The higher education coordinating board shall
periodically review the enrollment goals set forth in RCW 28B.10.776
and 28B.10.782 and submit recommendations concerning modification of
these goals to the governor and to the higher education committees of
the house of representatives and the senate.))
Sec. 515 RCW 28B.15.068 and 2009 c 540 s 1 are each amended to
read as follows:
(1) Beginning with the 2007-08 academic year and ending with the
2016-17 academic year, tuition fees charged to full-time resident
undergraduate students, except in academic years 2009-10 and 2010-11,
may increase no greater than seven percent over the previous academic
year in any institution of higher education. Annual reductions or
increases in full-time tuition fees for resident undergraduate students
shall be as provided in the omnibus appropriations act, within the
seven percent increase limit established in this section. For academic
years 2009-10 and 2010-11 the omnibus appropriations act may provide
tuition increases greater than seven percent. To the extent that state
appropriations combined with tuition and fee revenues are insufficient
to achieve the total per-student funding goals established in
subsection (2) of this section, the legislature may revisit state
appropriations, authorized enrollment levels, and changes in tuition
fees for any given fiscal year.
(2) The state shall adopt as its goal total per-student funding
levels, from state appropriations plus tuition and fees, of at least
the sixtieth percentile of total per-student funding at similar public
institutions of higher education in the global challenge states. In
defining comparable per-student funding levels, the office of financial
management shall adjust for regional cost-of-living differences; for
differences in program offerings and in the relative mix of lower
division, upper division, and graduate students; and for accounting and
reporting differences among the comparison institutions. The office of
financial management shall develop a funding trajectory for each four-year institution of higher education and for the community and
technical college system as a whole that when combined with tuition and
fees revenue allows the state to achieve its funding goal for each
four-year institution and the community and technical college system as
a whole no later than fiscal year 2017. The state shall not reduce
enrollment levels below fiscal year 2007 budgeted levels in order to
improve or alter the per-student funding amount at any four-year
institution of higher education or the community and technical college
system as a whole. The state recognizes that each four-year
institution of higher education and the community and technical college
system as a whole have different funding requirements to achieve
desired performance levels, and that increases to the total per-student
funding amount may need to exceed the minimum funding goal.
(3) By September 1st of each year beginning in 2008, the office of
financial management shall report to the governor((, the higher
education coordinating board,)) and appropriate committees of the
legislature with updated estimates of the total per-student funding
level that represents the sixtieth percentile of funding for comparable
institutions of higher education in the global challenge states, and
the progress toward that goal that was made for each of the public
institutions of higher education.
(4) As used in this section, "global challenge states" are the top
performing states on the new economy index published by the progressive
policy institute as of July 22, 2007. The new economy index ranks
states on indicators of their potential to compete in the new economy.
At least once every five years, the office of financial management
shall determine if changes to the list of global challenge states are
appropriate. The office of financial management shall report its
findings to the governor and the legislature.
(5) During the 2009-10 and the 2010-11 academic years, institutions
of higher education shall include information on their billing
statements notifying students of tax credits available through the
American opportunity tax credit provided in the American recovery and
reinvestment act of 2009.
Sec. 516 RCW 28B.15.069 and 2005 c 258 s 10 are each amended to
read as follows:
(1) The building fee for each academic year shall be a percentage
of total tuition fees. This percentage shall be calculated by the
((higher education coordinating board)) institutions of higher
education and be based on the actual percentage the building fee is of
total tuition for each tuition category in the 1994-95 academic year,
rounded up to the nearest half percent.
(2) The governing boards of each institution of higher education,
except for the technical colleges, shall charge to and collect from
each student a services and activities fee. A governing board may
increase the existing fee annually, consistent with budgeting
procedures set forth in RCW 28B.15.045, by a percentage not to exceed
the annual percentage increase in student tuition fees for resident
undergraduate students: PROVIDED, That such percentage increase shall
not apply to that portion of the services and activities fee previously
committed to the repayment of bonded debt. These rate adjustments may
exceed the fiscal growth factor. For the 2003-04 academic year, the
services and activities fee shall be based upon the resident
undergraduate services and activities fee in 2002-03. The services and
activities fee committee provided for in RCW 28B.15.045 may initiate a
request to the governing board for a fee increase.
(3) Tuition and services and activities fees consistent with
subsection (2) of this section shall be set by the state board for
community and technical colleges for community college summer school
students unless the community college charges fees in accordance with
RCW 28B.15.515.
(4) Subject to the limitations of RCW 28B.15.910, each governing
board of a community college may charge such fees for ungraded courses,
noncredit courses, community services courses, and self-supporting
courses as it, in its discretion, may determine, consistent with the
rules of the state board for community and technical colleges.
(5) The governing board of a college offering an applied
baccalaureate degree program under RCW 28B.50.810 may charge tuition
fees for those courses above the associate degree level at rates
consistent with rules adopted by the state board for community and
technical colleges, not to exceed tuition fee rates at the regional
universities.
Sec. 517 RCW 28B.15.730 and 1993 sp.s. c 18 s 27 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the state board for
community and technical colleges and the governing boards of the state
universities, the regional universities, the community colleges, and
The Evergreen State College may waive all or a portion of the
nonresident tuition fees differential for residents of Oregon, upon
completion of and to the extent permitted by an agreement between the
((higher education coordinating)) boards and appropriate officials and
agencies in Oregon granting similar waivers for residents of the state
of Washington.
Sec. 518 RCW 28B.15.734 and 1985 c 370 s 71 are each amended to
read as follows:
The ((higher education coordinating board)) state board for
community and technical colleges and the governing boards of the state
universities, the regional universities, and The Evergreen State
College may enter into an agreement with appropriate officials or
agencies in Oregon to implement the provisions of RCW 28B.15.730
through 28B.15.734.
Sec. 519 RCW 28B.15.750 and 1993 sp.s. c 18 s 29 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, and The Evergreen
State College and the state board for community and technical colleges
may waive all or a portion of the nonresident tuition fees differential
for residents of Idaho, upon completion of and to the extent permitted
by an agreement between the ((higher education coordinating)) boards
and appropriate officials and agencies in Idaho granting similar
waivers for residents of the state of Washington.
Sec. 520 RCW 28B.15.754 and 1987 c 446 s 1 are each amended to
read as follows:
The ((higher education coordinating board)) state board for
community and technical colleges and the governing boards of the state
universities, the regional universities, and The Evergreen State
College may enter into an agreement with appropriate officials or
agencies in the state of Idaho to implement RCW 28B.15.750 and
28B.15.752. ((By January 10 of each odd-numbered year, the board shall
review the costs and benefits of any agreement entered into under RCW
28B.15.750 and shall transmit copies of their review to the governor
and the appropriate policy and fiscal committees of the legislature.))
Sec. 521 RCW 28B.15.756 and 1993 sp.s. c 18 s 30 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities, the regional universities, and The Evergreen
State College and the state board for community and technical colleges
may waive all or a portion of the nonresident tuition fees differential
for residents of the Canadian province of British Columbia, upon
completion of and to the extent permitted by an agreement between the
((higher education coordinating)) boards and appropriate officials and
agencies in the Canadian province of British Columbia providing for
enrollment opportunities for residents of the state of Washington
without payment of tuition or fees in excess of those charged to
residents of British Columbia.
Sec. 522 RCW 28B.15.758 and 1987 c 446 s 3 are each amended to
read as follows:
The ((higher education coordinating board)) state board for
community and technical colleges and the governing boards of the state
universities, the regional universities, and The Evergreen State
College may enter into an agreement with appropriate officials or
agencies in the Canadian province of British Columbia to implement RCW
28B.15.756. The agreement should provide for a balanced exchange of
enrollment opportunities, without payment of excess tuition or fees,
for residents of the state of Washington or the Canadian province of
British Columbia. ((By January 10 of each odd-numbered year, the board
shall review the costs and benefits of any agreement entered into under
RCW 28B.15.756 and shall transmit copies of their review to the
governor and the appropriate policy and fiscal committees of the
legislature.))
Sec. 523 RCW 28B.20.308 and 2009 c 466 s 2 are each amended to
read as follows:
(1) A global Asia institute is created within the Henry M. Jackson
School of International Studies. The mission of the institute is to
promote the understanding of Asia and its interactions with Washington
state and the world. The institute shall host visiting scholars and
policymakers, sponsor programs and learning initiatives, engage in
collaborative research projects, and facilitate broader understanding
and cooperation between the state of Washington and Asia through
general public programs and targeted collaborations with specific
communities in the state.
(2) Within existing resources, a global Asia institute advisory
board is established. The director of the Henry M. Jackson School of
International Studies shall appoint members of the advisory board and
determine the advisory board's roles and responsibilities. The board
shall include members representing academia, business, and government.
(((3) The higher education coordinating board may solicit, accept,
receive, and administer federal funds or private funds, in trust or
otherwise, and contract with foundations or with for-profit or
nonprofit organizations to support the purposes of this section.))
Sec. 524 RCW 28B.20.478 and 2009 c 465 s 1 are each amended to
read as follows:
(((1))) A University of Washington center for human rights is
created. The mission of the center is to expand opportunities for
Washington residents to receive a world-class education in human
rights, generate research data and expert knowledge to enhance public
and private policymaking, and become an academic center for human
rights teaching and research in the nation. The center shall align
with the founding principles and philosophies of the United States of
America and engage faculty, staff, and students in service to enhance
the promise of life and liberty as outlined in the Preamble of the
United States Constitution. Key substantive issues for the center
include: The rights of all persons to security against violence; the
rights of immigrants, native Americans, and ethnic or religious
minorities; human rights and the environment; health as a human right;
human rights and trade; the human rights of working people; and women's
rights as human rights. State funds may not be used to support the
center for human rights created in this section.
(((2) The higher education coordinating board and the University of
Washington may solicit, accept, receive, and administer federal funds
or private funds, in trust or otherwise, and contract with foundations
or with for-profit or nonprofit organizations to support the purposes
of this section.))
Sec. 525 RCW 28B.30.530 and 2010 c 165 s 3 are each amended to
read as follows:
(1) The board of regents of Washington State University shall
establish the Washington State University small business development
center.
(2) The center shall provide management and technical assistance
including but not limited to training, counseling, and research
services to small businesses throughout the state. The center shall
work with the department of commerce, the state board for community and
technical colleges, ((the higher education coordinating board,)) the
workforce training and education coordinating board, the employment
security department, the Washington state economic development
commission, associate development organizations, and workforce
development councils to:
(a) Integrate small business development centers with other state
and local economic development and workforce development programs;
(b) Target the centers' services to small businesses;
(c) Tailor outreach and services at each center to the needs and
demographics of entrepreneurs and small businesses located within the
service area;
(d) Establish and expand small business development center
satellite offices when financially feasible; and
(e) Coordinate delivery of services to avoid duplication.
(3) The administrator of the center may contract with other public
or private entities for the provision of specialized services.
(4) The small business development center may accept and disburse
federal grants or federal matching funds or other funds or donations
from any source when made, granted, or donated to carry out the
center's purposes. When drawing on funds from the business assistance
account created in RCW 28B.30.531, the center must first use the funds
to make increased management and technical assistance available to
existing small businesses and start-up businesses at satellite offices.
The funds may also be used to develop and expand assistance programs
such as small business planning workshops and small business
counseling.
(5) By December 1, 2010, the center shall provide a written
progress report and a final report to the appropriate committees of the
legislature with respect to the requirements in subsection (2) of this
section and the amount and use of funding received through the business
assistance account. The reports must also include data on the number,
location, staffing, and budget levels of satellite offices;
affiliations with community colleges, associate development
organizations or other local organizations; the number, size, and type
of small businesses assisted; and the types of services provided. The
reports must also include information on the outcomes achieved, such as
jobs created or retained, private capital invested, and return on the
investment of state and federal dollars.
(6)(a) Subject to the availability of amounts appropriated for this
specific purpose, by December 1, 2010, the center, in conjunction with
the department of commerce, must prepare and present to the governor
and appropriate legislative committees a specific, actionable plan to
increase access to capital and technical assistance to small businesses
and entrepreneurs beginning with the 2011-2013 biennium. In developing
the plan, the center and the department may consult with the Washington
state microenterprise association, and with other government,
nonprofit, and private organizations as necessary. The plan must
identify:
(i) Existing sources of capital and technical assistance for small
businesses and entrepreneurs;
(ii) Critical gaps and barriers to availability of capital and
delivery of technical assistance to small businesses and entrepreneurs;
(iii) Workable solutions to filling the gaps and removing barriers
identified in (a)(ii) of this subsection; and
(iv) The financial resources and statutory changes necessary to put
the plan into effect beginning with the 2011-2013 biennium.
(b) With respect to increasing access to capital, the plan must
identify specific, feasible sources of capital and practical mechanisms
for expanding access to it.
(c) The center and the department must include, within the analysis
and recommendations in (a) of this subsection, any specific gaps,
barriers, and solutions related to rural and low-income communities and
small manufacturers interested in exporting.
Sec. 526 RCW 28B.45.080 and 2004 c 57 s 5 are each amended to
read as follows:
The ((higher education coordinating board)) state board for
community and technical colleges and the governing boards of the state
universities, the regional universities, and The Evergreen State
College shall adopt performance measures to ensure a collaborative
partnership between the community and technical colleges and the branch
campuses. The partnership shall be one in which the community and
technical colleges prepare students for transfer to the upper-division
programs of the branch campuses and the branch campuses work with
community and technical colleges to enable students to transfer and
obtain degrees efficiently.
Sec. 527 RCW 28B.65.040 and 1995 c 399 s 29 are each amended to
read as follows:
(1) The Washington high-technology coordinating board is hereby
created.
(2) The board shall be composed of ((eighteen)) seventeen members
as follows:
(a) Eleven shall be citizen members appointed by the governor, with
the consent of the senate, for four-year terms. In making the
appointments the governor shall ensure that a balanced geographic
representation of the state is achieved and shall attempt to choose
persons experienced in high-technology fields, including at least one
representative of labor. Any person appointed to fill a vacancy
occurring before a term expires shall be appointed only for the
remainder of that term; and
(b) ((Seven)) Six of the members shall be as follows: One
representative from each of the state's two research universities, one
representative of the state college and regional universities, the
director for the state system of community and technical colleges or
the director's designee, the superintendent of public instruction or
the superintendent's designee, ((a representative of the higher
education coordinating board,)) and the director of the department of
((community, trade, and economic development)) commerce or the
director's designee.
(3) Members of the board shall not receive any salary for their
services, but shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060 for each day actually spent in attending to
duties as a member of the board.
(4) A citizen member of the board shall not be, during the term of
office, a member of the governing board of any public or private
educational institution, or an employee of any state or local agency.
Sec. 528 RCW 28B.67.010 and 2006 c 112 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 state board for community and technical
colleges.
(2) "Costs of training" and "training costs" means the direct costs
experienced under a contract with a qualified training institution for
formal technical or skill training, including basic skills. "Costs of
training" includes amounts in the contract for costs of instruction,
materials, equipment, rental of class space, marketing, and overhead.
"Costs of training" does not include employee tuition reimbursements
unless the tuition reimbursement is specifically included in a
contract.
(3) "Participant" means a private employer that, under this
chapter, undertakes a training program with a qualified training
institution.
(4) "Qualified training institution" means a public community or
technical college or a private vocational school licensed by ((either))
the workforce training and education coordinating board ((or the higher
education coordinating board)).
(5) "Training allowance" and "allowance" means a voucher, credit,
or payment from the board to a participant to cover training costs.
(6) "Training program" means a program funded under this chapter at
a qualified training institution.
Sec. 529 RCW 28B.103.030 and 1994 c 234 s 7 are each amended to
read as follows:
(1) Participants in the conditional scholarship program incur an
obligation to repay the conditional scholarship, with interest, unless
they serve in the Washington national guard for one additional year for
each year of conditional scholarship received, under rules adopted by
the office.
(2) The entire principal and interest of each yearly repayment
shall be forgiven for each additional year in which a participant
serves in the Washington national guard, under rules adopted by the
office.
(3) If a participant elects to repay the conditional scholarship,
the period of repayment shall be four years, with payments accruing
quarterly commencing nine months from the date that the participant
leaves the Washington national guard or withdraws from the institution
of higher education, whichever comes first. The interest rate on the
repayments shall be eight percent per year. Provisions for deferral
and forgiveness shall be determined by the office.
(4) The office is responsible for collection of repayments made
under this section. The office 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 law, including wage
garnishment if necessary. The 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.
The office may contract with the ((higher education coordinating
board)) office of student financial assistance for collection of
repayments under this section.
(5) Receipts from the payment of principal or interest paid by or
on behalf of participants shall be deposited with the office and shall
be used to cover the costs of granting the conditional scholarships,
maintaining necessary records, and making collections under subsection
(4) of this section. The 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.
Sec. 530 RCW 28C.10.030 and 1994 sp.s. c 9 s 723 are each amended
to read as follows:
This chapter does not apply to:
(1) Bona fide trade, business, professional, or fraternal
organizations sponsoring educational programs primarily for that
organization's membership or offered by that organization on a no-fee
basis;
(2) Entities offering education that is exclusively avocational or
recreational;
(3) Education not requiring payment of money or other consideration
if this education is not advertised or promoted as leading toward
educational credentials;
(4) Entities that are established, operated, and governed by this
state or its political subdivisions under Title 28A, 28B, or 28C RCW;
(5) Degree-granting programs in compliance with the rules of the
council for higher education ((coordinating board));
(6) Any other entity to the extent that it has been exempted from
some or all of the provisions of this chapter under RCW 28C.10.100;
(7) Entities not otherwise exempt that are of a religious
character, but only as to those educational programs exclusively
devoted to religious or theological objectives and represented
accurately in institutional catalogs or other official publications;
(8) Entities offering only courses certified by the federal
aviation administration;
(9) Barber and cosmetology schools licensed under chapter 18.16
RCW;
(10) Entities which only offer courses approved to meet the
continuing education requirements for licensure under chapter 18.04,
18.79, or 48.17 RCW; and
(11) Entities not otherwise exempt offering only workshops or
seminars lasting no longer than three calendar days.
Sec. 531 RCW 28C.10.040 and 1994 c 38 s 5 are each amended to
read as follows:
The agency:
(1) Shall maintain a list of private vocational schools licensed
under this chapter;
(2) Shall adopt rules in accordance with chapter 34.05 RCW to carry
out this chapter;
(3) May investigate any entity the agency reasonably believes to be
subject to the jurisdiction of this chapter. In connection with the
investigation, the agency may administer oaths and affirmations, issue
subpoenas and compel attendance, take evidence, and require the
production of any books, papers, correspondence, memorandums, or other
records which the agency deems relevant or material to the
investigation. The agency, including its staff and any other
authorized persons, may conduct site inspections and examine records of
all schools subject to this chapter;
(((4) Shall develop an interagency agreement with the higher
education coordinating board to regulate degree-granting private
vocational schools with respect to degree and nondegree programs.))
Sec. 532 RCW 28C.18.030 and 1996 c 99 s 3 are each amended to
read as follows:
The purpose of the board is to provide planning, coordination,
evaluation, monitoring, and policy analysis for the state training
system as a whole, and advice to the governor and legislature
concerning the state training system, in cooperation with the state
training system ((and the higher education coordinating board)).
Sec. 533 RCW 28C.18.060 and 2009 c 151 s 6 are each amended to
read as follows:
The board, in cooperation with the operating agencies of the state
training system and private career schools and colleges, shall:
(1) Concentrate its major efforts on planning, coordination
evaluation, policy analysis, and recommending improvements to the
state's training system;
(2) Advocate for the state training system and for meeting the
needs of employers and the workforce for workforce education and
training;
(3) Establish and maintain an inventory of the programs of the
state training system, and related state programs, and perform a
biennial assessment of the vocational education, training, and adult
basic education and literacy needs of the state; identify ongoing and
strategic education needs; and assess the extent to which employment,
training, vocational and basic education, rehabilitation services, and
public assistance services represent a consistent, integrated approach
to meet such needs;
(4) Develop and maintain a state comprehensive plan for workforce
training and education, including but not limited to, goals,
objectives, and priorities for the state training system, and review
the state training system for consistency with the state comprehensive
plan. In developing the state comprehensive plan for workforce
training and education, the board shall use, but shall not be limited
to: Economic, labor market, and populations trends reports in office
of financial management forecasts; joint office of financial management
and employment security department labor force, industry employment,
and occupational forecasts; the results of scientifically based
outcome, net-impact and cost-benefit evaluations; the needs of
employers as evidenced in formal employer surveys and other employer
input; and the needs of program participants and workers as evidenced
in formal surveys and other input from program participants and the
labor community;
(5) ((In consultation with the higher education coordinating
board,)) Review and make recommendations to the office of financial
management and the legislature on operating and capital facilities
budget requests for operating agencies of the state training system for
purposes of consistency with the state comprehensive plan for workforce
training and education;
(6) Provide for coordination among the different operating agencies
and components of the state training system at the state level and at
the regional level;
(7) Develop a consistent and reliable database on vocational
education enrollments, costs, program activities, and job placements
from publicly funded vocational education programs in this state;
(8)(a) Establish standards for data collection and maintenance for
the operating agencies of the state training system in a format that is
accessible to use by the board. The board shall require a minimum of
common core data to be collected by each operating agency of the state
training system;
(b) Develop requirements for minimum common core data in
consultation with the office of financial management and the operating
agencies of the training system;
(9) Establish minimum standards for program evaluation for the
operating agencies of the state training system, including, but not
limited to, the use of common survey instruments and procedures for
measuring perceptions of program participants and employers of program
participants, and monitor such program evaluation;
(10) Every two years administer scientifically based outcome
evaluations of the state training system, including, but not limited
to, surveys of program participants, surveys of employers of program
participants, and matches with employment security department payroll
and wage files. Every five years administer scientifically based net-impact and cost-benefit evaluations of the state training system;
(11) In cooperation with the employment security department,
provide for the improvement and maintenance of quality and utility in
occupational information and forecasts for use in training system
planning and evaluation. Improvements shall include, but not be
limited to, development of state-based occupational change factors
involving input by employers and employees, and delineation of skill
and training requirements by education level associated with current
and forecasted occupations;
(12) Provide for the development of common course description
formats, common reporting requirements, and common definitions for
operating agencies of the training system;
(13) Provide for effectiveness and efficiency reviews of the state
training system;
(14) In cooperation with the ((higher education coordinating
board)) state board for community and technical colleges and the four-year institutions of higher education, facilitate transfer of credit
policies and agreements between institutions of the state training
system, and encourage articulation agreements for programs encompassing
two years of secondary workforce education and two years of
postsecondary workforce education;
(15) In cooperation with the ((higher education coordinating
board)) state board for community and technical colleges and the four-year institutions of higher education, facilitate transfer of credit
policies and agreements between private training institutions and
institutions of the state training system;
(16) Develop policy objectives for the workforce investment act,
P.L. 105-220, or its successor; develop coordination criteria for
activities under the act with related programs and services provided by
state and local education and training agencies; and ensure that
entrepreneurial training opportunities are available through programs
of each local workforce investment board in the state;
(17) Make recommendations to the commission of student assessment,
the state board of education, and the superintendent of public
instruction, concerning basic skill competencies and essential core
competencies for K-12 education. Basic skills for this purpose shall
be reading, writing, computation, speaking, and critical thinking,
essential core competencies for this purpose shall be English, math,
science/technology, history, geography, and critical thinking. The
board shall monitor the development of and provide advice concerning
secondary curriculum which integrates vocational and academic
education;
(18) Establish and administer programs for marketing and outreach
to businesses and potential program participants;
(19) Facilitate the location of support services, including but not
limited to, child care, financial aid, career counseling, and job
placement services, for students and trainees at institutions in the
state training system, and advocate for support services for trainees
and students in the state training system;
(20) Facilitate private sector assistance for the state training
system, including but not limited to: Financial assistance, rotation
of private and public personnel, and vocational counseling;
(21) Facilitate the development of programs for school-to-work
transition that combine classroom education and on-the-job training,
including entrepreneurial education and training, in industries and
occupations without a significant number of apprenticeship programs;
(22) Include in the planning requirements for local workforce
investment boards a requirement that the local workforce investment
boards specify how entrepreneurial training is to be offered through
the one-stop system required under the workforce investment act, P.L.
105-220, or its successor;
(23) Encourage and assess progress for the equitable representation
of racial and ethnic minorities, women, and people with disabilities
among the students, teachers, and administrators of the state training
system. Equitable, for this purpose, shall mean substantially
proportional to their percentage of the state population in the
geographic area served. This function of the board shall in no way
lessen more stringent state or federal requirements for representation
of racial and ethnic minorities, women, and people with disabilities;
(24) Participate in the planning and policy development of governor
set-aside grants under P.L. 97-300, as amended;
(25) Administer veterans' programs, licensure of private vocational
schools, the job skills program, and the Washington award for
vocational excellence;
(26) Allocate funding from the state job training trust fund;
(27) Work with the director of ((community, trade, and economic
development)) the department of commerce and the economic development
commission to ensure coordination among workforce training priorities,
the long-term economic development strategy of the economic development
commission, and economic development and entrepreneurial development
efforts, including but not limited to assistance to industry clusters;
(28) Conduct research into workforce development programs designed
to reduce the high unemployment rate among young people between
approximately eighteen and twenty-four years of age. In consultation
with the operating agencies, the board shall advise the governor and
legislature on policies and programs to alleviate the high unemployment
rate among young people. The research shall include disaggregated
demographic information and, to the extent possible, income data for
adult youth. The research shall also include a comparison of the
effectiveness of programs examined as a part of the research conducted
in this subsection in relation to the public investment made in these
programs in reducing unemployment of young adults. The board shall
report to the appropriate committees of the legislature by November 15,
2008, and every two years thereafter. Where possible, the data
reported to the legislative committees should be reported in numbers
and in percentages;
(29) Adopt rules as necessary to implement this chapter.
The board may delegate to the director any of the functions of this
section.
Sec. 534 RCW 28C.18.132 and 2008 c 258 s 2 are each amended to
read as follows:
(1) To the extent funds are appropriated specifically for this
purpose and in partnership with the state board for community and
technical colleges, the board shall convene a work group that includes
representatives from the prosperity partnership, the technology
alliance, ((the higher education coordinating board,)) a private career
or vocational school, a four-year public institution of higher
education, the council of faculty representatives, the united faculty
of Washington state, community and technical college faculty, and a
community and technical college student, to take the following actions
related to electronically distributed learning:
(a) Identify and evaluate current national private employer
workplace-based educational programs with electronically distributed
learning components provided by public colleges and universities. The
evaluation shall include:
(i) A review of the literature and interviews of practitioners
about promising practices and results;
(ii) An initial determination of feasibility based on targeted
populations served, subject matter, and level of education;
(iii) An overview of technological considerations and adult
learning strategies for distribution of learning to employer sites; and
(iv) An overview of cost factors, including shared costs or
coinvestments by public and private partners;
(b) Review and, to the extent necessary, establish standards and
best practices regarding electronically distributed learning and
related support services including online help desk support, advising,
mentoring, counseling, and tutoring;
(c) Recommend methods to increase student access to electronically
distributed learning programs of study and identify barriers to
programs of study participation and completion;
(d) Determine methods to increase the institutional supply and
quality of open course materials, with a focus on the OpenCourseWare
initiative at the Massachusetts Institute of Technology;
(e) Recommend methods to increase the availability and use of
digital open textbooks; and
(f) Review and report demographic information on electronically
distributed learning programs of study enrollments, retention, and
completions.
(2) The board shall work in cooperation with the state board for
community and technical colleges to report the preliminary results of
the studies to the appropriate committees of the legislature by
December 1, 2008, and a final report by December 1, 2009.
Sec. 535 RCW 28C.18.134 and 2008 c 258 s 3 are each amended to
read as follows:
(1) To the extent funds are appropriated specifically for this
purpose, the board shall use a matching fund strategy to select and
evaluate up to eight pilot projects operated by Washington institutions
of higher education. By September 2008, the board shall select up to
eight institutions of higher education as defined in RCW 28B.92.030
including at least four community or technical colleges to develop and
offer a pilot project providing employer workplace-based educational
programs with distance learning components. The board shall convene a
task force that includes representatives from the state board for
community and technical colleges ((and the higher education
coordinating board)) to select the participant institutions. At a
minimum, the criteria for selecting the educational institutions shall
address:
(a) The ability to demonstrate a capacity to make a commitment of
resources to build and sustain a high quality program;
(b) The ability to readily engage faculty appropriately qualified
to develop and deliver a high quality curriculum;
(c) The ability to demonstrate demand for the proposed program from
a sufficient number of interested employees within its service area to
make the program cost-effective and feasible to operate; and
(d) The identification of employers that demonstrate a commitment
to host an on-site program. Employers shall demonstrate their
commitment to provide:
(i) Access to educational coursework and educational advice and
support for entry-level and semiskilled workers, including paid and
unpaid release time, and adequate classroom space that is equipped
appropriately for the selected technological distance learning
methodologies to be used;
(ii) On-site promotion and encouragement of worker participation,
including employee orientations, peer support and mentoring,
educational tutoring, and career planning;
(iii) Allowance of a reasonable level of worker choice in the type
and level of coursework available;
(iv) Commitment to work with college partner to ensure the
relevance of coursework to the skill demands and potential career
pathways of the employer host site and other participating employers;
(v) Willingness to participate in an evaluation of the pilot to
analyze the net benefit to the employer host site, other employer
partners, the worker-students, and the colleges; and
(vi) In firms with union representation, the mandatory
establishment of a labor-management committee to oversee design and
participation.
(2) Institutions of higher education may submit an application to
become a pilot college under this section. An institution of higher
education selected as a pilot college shall develop the curriculum for
and design and deliver courses. However, the programs developed under
this section are subject to approval by the state board for technical
and community colleges under RCW 28B.50.090 and by the ((higher
education coordinating board under RCW 28B.76.230)) office of financial
management.
(3) The board shall evaluate the pilot project and report the
outcomes to students and employers by December 1, 2012.
Sec. 536 RCW 43.09.440 and 2005 c 385 s 5 are each amended to
read as follows:
(1) The board and the state auditor shall collaborate with the
joint legislative audit and review committee regarding performance
audits of state government.
(a) The board shall establish criteria for performance audits
consistent with the criteria and standards followed by the joint
legislative audit and review committee. This criteria shall include,
at a minimum, the auditing standards of the United States government
accountability office, as well as legislative mandates and performance
objectives established by state agencies and the legislature. Mandates
include, but are not limited to, agency strategies, timelines, program
objectives, and mission and goals as required in RCW 43.88.090.
(b) Using the criteria developed in (a) of this subsection, the
state auditor shall contract for a statewide performance review to be
completed as expeditiously as possible as a preliminary to a draft work
plan for conducting performance audits. The board and the state
auditor shall develop a schedule and common methodology for conducting
these reviews. The purpose of these performance reviews is to identify
those agencies, programs, functions, or activities most likely to
benefit from performance audits and to identify likely areas warranting
early review, taking into account prior performance audits, if any, and
prior fiscal audits.
(c) The board and the state auditor shall develop the draft work
plan for performance audits based on input from citizens, state
employees, including front-line employees, state managers, chairs and
ranking members of appropriate legislative committees, the joint
legislative audit and review committee, public officials, and others.
The draft work plan may include a list of agencies, programs, or
systems to be audited on a timeline decided by the board and the state
auditor based on a number of factors including risk, importance, and
citizen concerns. When putting together the draft work plan, there
should be consideration of all audits and reports already required. On
average, audits shall be designed to be completed as expeditiously as
possible.
(d) Before adopting the final work plan, the board shall consult
with the legislative auditor and other appropriate oversight and audit
entities to coordinate work plans and avoid duplication of effort in
their planned performance audits of state government agencies. The
board shall defer to the joint legislative audit and review committee
work plan if a similar audit is included on both work plans for
auditing.
(e) The state auditor shall contract out for performance audits.
In conducting the audits, agency front-line employees and internal
auditors should be involved.
(f) All audits must include consideration of reports prepared by
other government oversight entities.
(g) The audits may include:
(i) Identification of programs and services that can be eliminated,
reduced, consolidated, or enhanced;
(ii) Identification of funding sources to the state agency, to
programs, and to services that can be eliminated, reduced,
consolidated, or enhanced;
(iii) Analysis of gaps and overlaps in programs and services and
recommendations for improving, dropping, blending, or separating
functions to correct gaps or overlaps;
(iv) Analysis and recommendations for pooling information
technology systems used within the state agency, and evaluation of
information processing and telecommunications policy, organization, and
management;
(v) Analysis of the roles and functions of the state agency, its
programs, and its services and their compliance with statutory
authority and recommendations for eliminating or changing those roles
and functions and ensuring compliance with statutory authority;
(vi) Recommendations for eliminating or changing statutes, rules,
and policy directives as may be necessary to ensure that the agency
carry out reasonably and properly those functions vested in the agency
by statute;
(vii) Verification of the reliability and validity of agency
performance data, self-assessments, and performance measurement systems
as required under RCW 43.88.090;
(viii) Identification of potential cost savings in the state
agency, its programs, and its services;
(ix) Identification and recognition of best practices;
(x) Evaluation of planning, budgeting, and program evaluation
policies and practices;
(xi) Evaluation of personnel systems operation and management;
(xii) Evaluation of state purchasing operations and management
policies and practices; and
(xiii) Evaluation of organizational structure and staffing levels,
particularly in terms of the ratio of managers and supervisors to
nonmanagement personnel.
(h) The state auditor must solicit comments on preliminary
performance audit reports from the audited state agency, the office of
the governor, the office of financial management, the board, the chairs
and ranking members of appropriate legislative committees, and the
joint legislative audit and review committee for comment. Comments
must be received within thirty days after receipt of the preliminary
performance audit report unless a different time period is approved by
the state auditor. All comments shall be incorporated into the final
performance audit report. The final performance audit report shall
include the objectives, scope, and methodology; the audit results,
including findings and recommendations; conclusions; and identification
of best practices.
(i) The board and the state auditor shall jointly release final
performance audit reports to the governor, the citizens of Washington,
the joint legislative audit and review committee, and the appropriate
standing legislative committees. Final performance audit reports shall
be posted on the internet.
(j) For institutions of higher education, performance audits shall
not duplicate, and where applicable, shall make maximum use of existing
audit records, accreditation reviews, and performance measures required
by the office of financial management, the ((higher)) workforce
training and education coordinating board, and nationally or regionally
recognized accreditation organizations including accreditation of
hospitals licensed under chapter 70.41 RCW and ambulatory care
facilities.
(2) The citizen board created under RCW 44.75.030 shall be
responsible for performance audits for transportation related agencies
as defined under RCW 44.75.020.
Sec. 537 RCW 43.43.934 and 2010 1st sp.s. c 7 s 45 are each
amended to read as follows:
The director of fire protection shall:
(1)(a)(i) With the state board for community and technical
colleges, provide academic, vocational, and field training programs for
the fire service; and (ii) with the ((higher education coordinating
board and)) the state colleges and universities, provide instructional
programs requiring advanced training, especially in command and
management skills;
(b) Cooperate with the common schools, technical and community
colleges, institutions of higher education, and any department or
division of the state, or of any county or municipal corporation in
establishing and maintaining instruction in fire service training and
education in accordance with any act of congress and legislation
enacted by the legislature in pursuance thereof and in establishing,
building, and operating training and education facilities.
Industrial fire departments and private fire investigators may
participate in training and education programs under this chapter for
a reasonable fee established by rule;
(c) Develop and adopt a master plan for constructing, equipping,
maintaining, and operating necessary fire service training and
education facilities subject to the provisions of chapter 43.19 RCW;
(d) Develop and adopt a master plan for the purchase, lease, or
other acquisition of real estate necessary for fire service training
and education facilities in a manner provided by law; and
(e) Develop and adopt a plan with a goal of providing firefighter
one and wildland training to all firefighters in the state. Wildland
training reimbursement will be provided if a fire protection district
or a city fire department has and is fulfilling their interior attack
policy or if they do not have an interior attack policy. The plan will
include a reimbursement for fire protection districts and city fire
departments of not less than three dollars for every hour of
firefighter one or wildland training. The Washington state patrol
shall not provide reimbursement for more than two hundred hours of
firefighter one or wildland training for each firefighter trained.
(2)(a) Promote mutual aid and disaster planning for fire services
in this state;
(b) Assure the dissemination of information concerning the amount
of fire damage including that damage caused by arson, and its causes
and prevention; and
(c) Implement any legislation enacted by the legislature to meet
the requirements of any acts of congress that apply to this section.
(3) In carrying out its statutory duties, the office of the state
fire marshal shall give particular consideration to the appropriate
roles to be played by the state and by local jurisdictions with fire
protection responsibilities. Any determinations on the division of
responsibility shall be made in consultation with local fire officials
and their representatives.
To the extent possible, the office of the state fire marshal shall
encourage development of regional units along compatible geographic,
population, economic, and fire risk dimensions. Such regional units
may serve to: (a) Reinforce coordination among state and local
activities in fire service training, reporting, inspections, and
investigations; (b) identify areas of special need, particularly in
smaller jurisdictions with inadequate resources; (c) assist the state
in its oversight responsibilities; (d) identify funding needs and
options at both the state and local levels; and (e) provide models for
building local capacity in fire protection programs.
Sec. 538 RCW 43.43.938 and 2010 1st sp.s. c 7 s 46 are each
amended to read as follows:
(1) Wherever the term state fire marshal appears in the Revised
Code of Washington or the Washington Administrative Code it shall mean
the director of fire protection.
(2) The chief of the Washington state patrol shall appoint an
officer who shall be known as the director of fire protection.
(3) The director of fire protection may designate one or more
deputies and may delegate to those deputies his or her duties and
authorities as deemed appropriate.
(4) The director of fire protection shall prepare a biennial budget
pertaining to fire protection services. Such biennial budget shall be
submitted as part of the Washington state patrol's budget request.
(5) The director of fire protection, shall implement and
administer, within constraints established by budgeted resources, all
duties of the chief of the Washington state patrol that are to be
carried out through the director of fire protection, and all of the
duties of the director of fire protection. Such administration shall
include negotiation of agreements with the state board for community
and technical colleges((, the higher education coordinating board,))
and the state colleges and universities as provided in RCW 43.43.934.
Programs covered by such agreements shall include, but not be limited
to, planning curricula, developing and delivering instructional
programs and materials, and using existing instructional personnel and
facilities. Where appropriate, such contracts shall also include
planning and conducting instructional programs at the state fire
service training center.
Sec. 539 RCW 43.60A.151 and 2007 c 451 s 3 are each amended to
read as follows:
(1) The department shall assist veterans enrolled in the veterans
conservation corps with obtaining employment in conservation programs
and projects that restore Washington's natural habitat, maintain and
steward local, state, and federal forest lands and other outdoor lands,
maintain and improve urban and suburban storm water management
facilities and other water management facilities, and other
environmental maintenance, stewardship, and restoration projects. The
department shall consult with the workforce training and education
coordinating board, the state board for community and technical
colleges, ((the higher education coordinating board,)) the employment
security department, and other state agencies administering
conservation corps programs, to incorporate training, education, and
certification in environmental restoration and management fields into
the program. The department may enter into agreements with community
colleges, private schools, state or local agencies, or other entities
to provide training and educational courses as part of the enrollee
benefits from the program.
(2) The department may receive gifts, grants, federal funds, or
other moneys from public or private sources, for the use and benefit of
the veterans conservation corps program. The funds shall be deposited
to the veterans conservation corps account created in RCW 43.60A.153.
(3) The department shall submit a report to the appropriate
committees of the legislature by December 1, 2008, on the status of the
veterans conservation corps program, including the number of enrollees
employed in projects, training provided, certifications earned,
employment placements achieved, program funding provided from all
sources, and the results of the pilot project authorized in section 4,
chapter 451, Laws of 2007.
Sec. 540 RCW 43.88.090 and 2005 c 386 s 2 are each amended to
read as follows:
(1) For purposes of developing budget proposals to the legislature,
the governor shall have the power, and it shall be the governor's duty,
to require from proper agency officials such detailed estimates and
other information in such form and at such times as the governor shall
direct. The governor shall communicate statewide priorities to
agencies for use in developing biennial budget recommendations for
their agency and shall seek public involvement and input on these
priorities. The estimates for the legislature and the judiciary shall
be transmitted to the governor and shall be included in the budget
without revision. The estimates for state pension contributions shall
be based on the rates provided in chapter 41.45 RCW. Copies of all
such estimates shall be transmitted to the standing committees on ways
and means of the house and senate at the same time as they are filed
with the governor and the office of financial management.
The estimates shall include statements or tables which indicate, by
agency, the state funds which are required for the receipt of federal
matching revenues. The estimates shall be revised as necessary to
reflect legislative enactments and adopted appropriations and shall be
included with the initial biennial allotment submitted under RCW
43.88.110. The estimates must reflect that the agency considered any
alternatives to reduce costs or improve service delivery identified in
the findings of a performance audit of the agency by the joint
legislative audit and review committee. Nothing in this subsection
requires performance audit findings to be published as part of the
budget.
(2) Each state agency shall define its mission and establish
measurable goals for achieving desirable results for those who receive
its services and the taxpayers who pay for those services. Each agency
shall also develop clear strategies and timelines to achieve its goals.
This section does not require an agency to develop a new mission or
goals in place of identifiable missions or goals that meet the intent
of this section. The mission and goals of each agency must conform to
statutory direction and limitations.
(3) For the purpose of assessing activity performance, each state
agency shall establish quality and productivity objectives for each
major activity in its budget. The objectives must be consistent with
the missions and goals developed under this section. The objectives
must be expressed to the extent practicable in outcome-based,
objective, and measurable form unless an exception to adopt a different
standard is granted by the office of financial management and approved
by the legislative committee on performance review. Objectives must
specifically address the statutory purpose or intent of the program or
activity and focus on data that measure whether the agency is achieving
or making progress toward the purpose of the activity and toward
statewide priorities. The office of financial management shall provide
necessary professional and technical assistance to assist state
agencies in the development of strategic plans that include the mission
of the agency and its programs, measurable goals, strategies, and
performance measurement systems.
(4) Each state agency shall adopt procedures for and perform
continuous self-assessment of each activity, using the mission, goals,
objectives, and measurements required under subsections (2) and (3) of
this section. The assessment of the activity must also include an
evaluation of major information technology systems or projects that may
assist the agency in achieving or making progress toward the activity
purpose and statewide priorities. The evaluation of proposed major
information technology systems or projects shall be in accordance with
the standards and policies established by the information services
board. Agencies' progress toward the mission, goals, objectives, and
measurements required by subsections (2) and (3) of this section is
subject to review as set forth in this subsection.
(a) The office of financial management shall regularly conduct
reviews of selected activities to analyze whether the objectives and
measurements submitted by agencies demonstrate progress toward
statewide results.
(b) The office of financial management shall consult with the
((higher education coordinating board and the)) state board for
community and technical colleges in those reviews that involve
((institutions of higher education)) community and technical colleges.
(c) The goal is for all major activities to receive at least one
review each year.
(d) The office of financial management shall consult with the
information services board when conducting reviews of major information
technology systems in use by state agencies. The goal is that reviews
of these information technology systems occur periodically.
(5) It is the policy of the legislature that each agency's budget
recommendations must be directly linked to the agency's stated mission
and program, quality, and productivity goals and objectives.
Consistent with this policy, agency budget proposals must include
integration of performance measures that allow objective determination
of an activity's success in achieving its goals. When a review under
subsection (4) of this section or other analysis determines that the
agency's objectives demonstrate that the agency is making insufficient
progress toward the goals of any particular program or is otherwise
underachieving or inefficient, the agency's budget request shall
contain proposals to remedy or improve the selected programs. The
office of financial management shall develop a plan to merge the budget
development process with agency performance assessment procedures. The
plan must include a schedule to integrate agency strategic plans and
performance measures into agency budget requests and the governor's
budget proposal over three fiscal biennia. The plan must identify
those agencies that will implement the revised budget process in the
1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium.
In consultation with the legislative fiscal committees, the office of
financial management shall recommend statutory and procedural
modifications to the state's budget, accounting, and reporting systems
to facilitate the performance assessment procedures and the merger of
those procedures with the state budget process. The plan and
recommended statutory and procedural modifications must be submitted to
the legislative fiscal committees by September 30, 1996.
(6) In reviewing agency budget requests in order to prepare the
governor's biennial budget request, the office of financial management
shall consider the extent to which the agency's activities demonstrate
progress toward the statewide budgeting priorities, along with any
specific review conducted under subsection (4) of this section.
(7) In the year of the gubernatorial election, the governor shall
invite the governor-elect or the governor-elect's designee to attend
all hearings provided in RCW 43.88.100; and the governor shall furnish
the governor-elect or the governor-elect's designee with such
information as will enable the governor-elect or the governor-elect's
designee to gain an understanding of the state's budget requirements.
The governor-elect or the governor-elect's designee may ask such
questions during the hearings and require such information as the
governor-elect or the governor-elect's designee deems necessary and may
make recommendations in connection with any item of the budget which,
with the governor-elect's reasons therefor, shall be presented to the
legislature in writing with the budget document. Copies of all such
estimates and other required information shall also be submitted to the
standing committees on ways and means of the house and senate.
Sec. 541 RCW 43.88D.010 and 2010 c 245 s 9 are each amended to
read as follows:
(1) By October 1st of each even-numbered year, the office of
financial management shall complete an objective analysis and scoring
of all capital budget projects proposed by the public four-year
institutions of higher education and submit the results of the scoring
process to the legislative fiscal committees((, the higher education
coordinating board,)) and the four-year institutions. Each project
must be reviewed and scored within one of the following categories,
according to the project's principal purpose. Each project may be
scored in only one category. The categories are:
(a) Access-related projects to accommodate enrollment growth at
main and branch campuses, at existing or new university centers, or
through distance learning. Growth projects should provide significant
additional student capacity. Proposed projects must demonstrate that
they are based on solid enrollment demand projections, more
cost-effectively provide enrollment access than alternatives such as
university centers and distance learning, and make cost-effective use
of existing and proposed new space;
(b) Projects that replace failing permanent buildings. Facilities
that cannot be economically renovated are considered replacement
projects. New space may be programmed for the same or a different use
than the space being replaced and may include additions to improve
access and enhance the relationship of program or support space;
(c) Projects that renovate facilities to restore building life and
upgrade space to meet current program requirements. Renovation
projects should represent a complete renovation of a total facility or
an isolated wing of a facility. A reasonable renovation project should
cost between sixty to eighty percent of current replacement value and
restore the renovated area to at least twenty-five years of useful
life. New space may be programmed for the same or a different use than
the space being renovated and may include additions to improve access
and enhance the relationship of program or support space;
(d) Major stand-alone campus infrastructure projects;
(e) Projects that promote economic growth and innovation through
expanded research activity. The acquisition and installation of
specialized equipment is authorized under this category; and
(f) Other project categories as determined by the office of
financial management in consultation with the legislative fiscal
committees.
(2) The office of financial management, in consultation with the
legislative fiscal committees, shall establish a scoring system and
process for each four-year project category that is based on the
framework used in the community and technical college system of
prioritization. Staff from the state board for community and technical
colleges((, the higher education coordinating board,)) and the four-year institutions shall provide technical assistance on the development
of a scoring system and process.
(3) The office of financial management shall consult with the
legislative fiscal committees in the scoring of four-year institution
project proposals, and may also solicit participation by independent
experts.
(a) For each four-year project category, the scoring system must,
at a minimum, include an evaluation of enrollment trends,
reasonableness of cost, the ability of the project to enhance specific
strategic master plan goals, age and condition of the facility if
applicable, and impact on space utilization.
(b) Each four-year project category may include projects at the
predesign, design, or construction funding phase.
(c) To the extent possible, the objective analysis and scoring
system of all capital budget projects shall occur within the context of
any and all performance agreements between the office of financial
management and the governing board of a public, four-year institution
of higher education that aligns goals, priorities, desired outcomes,
flexibility, institutional mission, accountability, and levels of
resources.
(4) In evaluating and scoring four-year institution projects, the
office of financial management shall take into consideration project
schedules that result in realistic, balanced, and predictable
expenditure patterns over the ensuing three biennia.
(5) The office of financial management shall distribute common
definitions, the scoring system, and other information required for the
project proposal and scoring process as part of its biennial budget
instructions. The office of financial management, in consultation with
the legislative fiscal committees, shall develop common definitions
that four-year institutions must use in developing their project
proposals and lists under this section.
(6) In developing any scoring system for capital projects proposed
by the four-year institutions, the office of financial management:
(a) Shall be provided with all required information by the four-year institutions as deemed necessary by the office of financial
management;
(b) May utilize independent services to verify, sample, or evaluate
information provided to the office of financial management by the four-year institutions; and
(c) Shall have full access to all data maintained by the higher
education coordinating board and the joint legislative audit and review
committee concerning the condition of higher education facilities.
(7) By August 1st of each even-numbered year each public four-year
higher education institution shall prepare and submit prioritized lists
of the individual projects proposed by the institution for the ensuing
six-year period in each category. The lists must be submitted to the
office of financial management and the legislative fiscal committees.
The four-year institutions may aggregate minor works project proposals
by primary purpose for ranking purposes. Proposed minor works projects
must be prioritized within the aggregated proposal, and supporting
documentation, including project descriptions and cost estimates, must
be provided to the office of financial management and the legislative
fiscal committees.
Sec. 542 RCW 43.105.400 and 2009 c 509 s 10 are each amended to
read as follows:
(1) Subject to the availability of federal or state funding, the
department may reconvene the high-speed internet work group previously
established by chapter 262, Laws of 2008. The work group is renamed
the advisory council on digital inclusion, and is an advisory group to
the department. The council must include, but is not limited to,
volunteer representatives from community technology organizations,
telecommunications providers, higher education institutions, K-12
education institutions, public health institutions, public housing
entities, and local government and other governmental entities that are
engaged in community technology activities.
(2) The council shall prepare a report by January 15th of each year
and submit it to the department, the governor, and the appropriate
committees of the legislature. The report must contain:
(a) An analysis of how support from public and private sector
partnerships, the philanthropic community, and other not-for-profit
organizations in the community, along with strong relationships with
the state board for community and technical colleges((, the higher
education coordinating board,)) and higher education institutions,
could establish a variety of high-speed internet access alternatives
for citizens;
(b) Proposed strategies for continued broadband deployment and
adoption efforts, as well as further development of advanced
telecommunications applications;
(c) Recommendations on methods for maximizing the state's research
and development capacity at universities and in the private sector for
developing advanced telecommunications applications and services, and
recommendations on incentives to stimulate the demand for and
development of these applications and services;
(d) An identification of barriers that hinder the advancement of
technology entrepreneurship in the state; and
(e) An evaluation of programs designed to advance digital literacy
and computer access that are made available by the federal government,
local agencies, telecommunications providers, and business and
charitable entities.
Sec. 543 RCW 43.215.090 and 2010 c 234 s 3 are each amended to
read as follows:
(1) The early learning advisory council is established to advise
the department on statewide early learning issues that would build a
comprehensive system of quality early learning programs and services
for Washington's children and families by assessing needs and the
availability of services, aligning resources, developing plans for data
collection and professional development of early childhood educators,
and establishing key performance measures.
(2) The council shall work in conjunction with the department to
develop a statewide early learning plan that guides the department in
promoting alignment of private and public sector actions, objectives,
and resources, and ensuring school readiness.
(3) The council shall include diverse, statewide representation
from public, nonprofit, and for-profit entities. Its membership shall
reflect regional, racial, and cultural diversity to adequately
represent the needs of all children and families in the state.
(4) Councilmembers shall serve two-year terms. However, to stagger
the terms of the council, the initial appointments for twelve of the
members shall be for one year. Once the initial one-year to two-year
terms expire, all subsequent terms shall be for two years, with the
terms expiring on June 30th of the applicable year. The terms shall be
staggered in such a way that, where possible, the terms of members
representing a specific group do not expire simultaneously.
(5) The council shall consist of not more than twenty-three
members, as follows:
(a) The governor shall appoint at least one representative from
each of the following: The department, the office of financial
management, the department of social and health services, the
department of health, the council for higher education ((coordinating
board)), and the state board for community and technical colleges;
(b) One representative from the office of the superintendent of
public instruction, to be appointed by the superintendent of public
instruction;
(c) The governor shall appoint seven leaders in early childhood
education, with at least one representative with experience or
expertise in each of the areas such as the following: Children with
disabilities, the K-12 system, family day care providers, and child
care centers;
(d) Two members of the house of representatives, one from each
caucus, and two members of the senate, one from each caucus, to be
appointed by the speaker of the house of representatives and the
president of the senate, respectively;
(e) Two parents, one of whom serves on the department's parent
advisory council, to be appointed by the governor;
(f) One representative of the private-public partnership created in
RCW 43.215.070, to be appointed by the partnership board;
(g) One representative designated by sovereign tribal governments;
and
(h) One representative from the Washington federation of
independent schools.
(6) The council shall be cochaired by one representative of a state
agency and one nongovernmental member, to be elected by the council for
two-year terms.
(7) The council shall appoint two members and stakeholders with
expertise in early learning to sit on the technical working group
created in section 2, chapter 234, Laws of 2010.
(8) Each member of the board shall be compensated in accordance
with RCW 43.03.240 and reimbursed for travel expenses incurred in
carrying out the duties of the board in accordance with RCW 43.03.050
and 43.03.060.
(9) The department shall provide staff support to the council.
Sec. 544 RCW 43.330.280 and 2009 c 565 s 14 and 2009 c 72 s 2 are
each reenacted and amended to read as follows:
(1) The Washington state economic development commission shall,
with the advice of an innovation partnership advisory group selected by
the commission:
(a) Provide information and advice to the department of commerce to
assist in the implementation of the innovation partnership zone
program, including criteria to be used in the selection of grant
applicants for funding;
(b) Document clusters of companies throughout the state that have
comparative competitive advantage or the potential for comparative
competitive advantage, using the process and criteria for identifying
strategic clusters developed by the working group specified in
subsection (2) of this section;
(c) Conduct an innovation opportunity analysis to identify (i) the
strongest current intellectual assets and research teams in the state
focused on emerging technologies and their commercialization, and (ii)
faculty and researchers that could increase their focus on
commercialization of technology if provided the appropriate technical
assistance and resources;
(d) Based on its findings and analysis, and in conjunction with the
((higher education coordinating board and)) research institutions:
(i) Develop a plan to build on existing, and develop new,
intellectual assets and innovation research teams in the state in
research areas where there is a high potential to commercialize
technologies. The commission shall present the plan to the governor
and legislature by December 31, 2009. ((The higher education
coordinating board shall be responsible for implementing the plan in
conjunction with)) The publicly funded research institutions in the
state shall be responsible for implementing the plan. The plan shall
address the following elements and such other elements as the
commission deems important:
(A) Specific mechanisms to support, enhance, or develop innovation
research teams and strengthen their research and commercialization
capacity in areas identified as useful to strategic clusters and
innovative firms in the state;
(B) Identification of the funding necessary for laboratory
infrastructure needed to house innovation research teams;
(C) Specification of the most promising research areas meriting
enhanced resources and recruitment of significant entrepreneurial
researchers to join or lead innovation research teams;
(D) The most productive approaches to take in the recruitment, in
the identified promising research areas, of a minimum of ten
significant entrepreneurial researchers over the next ten years to join
or lead innovation research teams;
(E) Steps to take in solicitation of private sector support for the
recruitment of entrepreneurial researchers and the commercialization
activity of innovation research teams; and
(F) Mechanisms for ensuring the location of innovation research
teams in innovation partnership zones;
(ii) Provide direction for the development of comprehensive
entrepreneurial assistance programs at research institutions. The
programs may involve multidisciplinary students, faculty,
entrepreneurial researchers, entrepreneurs, and investors in building
business models and evolving business plans around innovative ideas.
The programs may provide technical assistance and the support of an
entrepreneur-in-residence to innovation research teams and offer
entrepreneurial training to faculty, researchers, undergraduates, and
graduate students. Curriculum leading to a certificate in
entrepreneurship may also be offered;
(e) Develop performance measures to be used in evaluating the
performance of innovation research teams, the implementation of the
plan and programs under (d)(i) and (ii) of this subsection, and the
performance of innovation partnership zone grant recipients, including
but not limited to private investment measures, business initiation
measures, job creation measures, and measures of innovation such as
licensing of ideas in research institutions, patents, or other
recognized measures of innovation. The performance measures developed
shall be consistent with the economic development commission's
comprehensive plan for economic development and its standards and
metrics for program evaluation. The commission shall report to the
legislature and the governor by June 30, 2009, on the measures
developed; and
(f) Using the performance measures developed, perform a biennial
assessment and report, the first of which shall be due December 31,
2012, on:
(i) Commercialization of technologies developed at state
universities, found at other research institutions in the state, and
facilitated with public assistance at existing companies;
(ii) Outcomes of the funding of innovation research teams and
recruitment of significant entrepreneurial researchers;
(iii) Comparison with other states of Washington's outcomes from
the innovation research teams and efforts to recruit significant
entrepreneurial researchers; and
(iv) Outcomes of the grants for innovation partnership zones.
The report shall include recommendations for modifications of chapter
227, Laws of 2007 and of state commercialization efforts that would
enhance the state's economic competitiveness.
(2) The economic development commission and the workforce training
and education coordinating board shall jointly convene a working group
to:
(a) Specify the process and criteria for identification of substate
geographic concentrations of firms or employment in an industry and the
industry's customers, suppliers, supporting businesses, and
institutions, which process will include the use of labor market
information from the employment security department and local labor
markets; and
(b) Establish criteria for identifying strategic clusters which are
important to economic prosperity in the state, considering cluster
size, growth rate, and wage levels among other factors.
Sec. 545 RCW 43.330.310 and 2010 c 187 s 2 are each amended to
read as follows:
(1) The legislature establishes a comprehensive green economy jobs
growth initiative based on the goal of, by 2020, increasing the number
of green economy jobs to twenty-five thousand from the eight thousand
four hundred green economy jobs the state had in 2004.
(2) The department, in consultation with the employment security
department, the state workforce training and education coordinating
board, the state board for community and technical colleges, and the
((higher education coordinating board)) four-year institutions of
higher education as defined in RCW 28B.10.016, shall develop a defined
list of terms, consistent with current workforce and economic
development terms, associated with green economy industries and jobs.
(3)(a) The employment security department, in consultation with the
department, the state workforce training and education coordinating
board, the state board for community and technical colleges, the
((higher education coordinating board)) four-year institutions of
higher education as defined in RCW 28B.10.016, Washington State
University small business development center, and the Washington State
University extension energy program, shall conduct labor market
research to analyze the current labor market and projected job growth
in the green economy, the current and projected recruitment and skill
requirement of green economy industry employers, the wage and benefits
ranges of jobs within green economy industries, and the education and
training requirements of entry-level and incumbent workers in those
industries.
(i) The employment security department shall conduct an analysis of
occupations in the forest products industry to: (A) Determine key
growth factors and employment projections in the industry; and (B)
define the education and skill standards required for current and
emerging green occupations in the industry.
(ii) The term "forest products industry" must be given a broad
interpretation when implementing (a)(i) of this subsection and
includes, but is not limited to, businesses that grow, manage, harvest,
transport, and process forest, wood, and paper products.
(b) The University of Washington business and economic development
center shall: Analyze the current opportunities for and participation
in the green economy by minority and women-owned business enterprises
in Washington; identify existing barriers to their successful
participation in the green economy; and develop strategies with
specific policy recommendations to improve their successful
participation in the green economy. The research may be informed by
the research of the Puget Sound regional council prosperity
partnership, as well as other entities. The University of Washington
business and economic development center shall report to the
appropriate committees of the house of representatives and the senate
on their research, analysis, and recommendations by December 1, 2008.
(4) Based on the findings from subsection (3) of this section, the
employment security department, in consultation with the department and
taking into account the requirements and goals of chapter 14, Laws of
2008 and other state clean energy and energy efficiency policies, shall
propose which industries will be considered high-demand green
industries, based on current and projected job creation and their
strategic importance to the development of the state's green economy.
The employment security department and the department shall take into
account which jobs within green economy industries will be considered
high-wage occupations and occupations that are part of career pathways
to the same, based on family-sustaining wage and benefits ranges.
These designations, and the results of the employment security
department's broader labor market research, shall inform the planning
and strategic direction of the department, the state workforce training
and education coordinating board, the state board for community and
technical colleges, and the ((higher education coordinating board))
four-year institutions of higher education as defined in RCW
28B.10.016.
(5) The department shall identify emerging technologies and
innovations that are likely to contribute to advancements in the green
economy, including the activities in designated innovation partnership
zones established in RCW 43.330.270.
(6) The department, consistent with the priorities established by
the state economic development commission, shall:
(a) Develop targeting criteria for existing investments, and make
recommendations for new or expanded financial incentives and
comprehensive strategies, to recruit, retain, and expand green economy
industries and small businesses; and
(b) Make recommendations for new or expanded financial incentives
and comprehensive strategies to stimulate research and development of
green technology and innovation, including designating innovation
partnership zones linked to the green economy.
(7) For the purposes of this section, "target populations" means
(a) entry-level or incumbent workers in high-demand green industries
who are in, or are preparing for, high-wage occupations; (b) dislocated
workers in declining industries who may be retrained for high-wage
occupations in high-demand green industries; (c) dislocated
agriculture, timber, or energy sector workers who may be retrained for
high-wage occupations in high-demand green industries; (d) eligible
veterans or national guard members; (e) disadvantaged populations; or
(f) anyone eligible to participate in the state opportunity grant
program under RCW 28B.50.271.
(8) The legislature directs the state workforce training and
education coordinating board to create and pilot green industry skill
panels. These panels shall consist of business representatives from:
Green industry sectors, including but not limited to forest product
companies, companies engaged in energy efficiency and renewable energy
production, companies engaged in pollution prevention, reduction, and
mitigation, and companies engaged in green building work and green
transportation; labor unions representing workers in those industries
or labor affiliates administering state-approved, joint apprenticeship
programs or labor-management partnership programs that train workers
for these industries; state and local veterans agencies; employer
associations; educational institutions; and local workforce development
councils within the region that the panels propose to operate; and
other key stakeholders as determined by the applicant. Any of these
stakeholder organizations are eligible to receive grants under this
section and serve as the intermediary that convenes and leads the
panel. Panel applicants must provide labor market and industry
analysis that demonstrates high demand, or demand of strategic
importance to the development of the state's clean energy economy as
identified in this section, for high-wage occupations, or occupations
that are part of career pathways to the same, within the relevant
industry sector. The panel shall:
(a) Conduct labor market and industry analyses, in consultation
with the employment security department, and drawing on the findings of
its research when available;
(b) Plan strategies to meet the recruitment and training needs of
the industry and small businesses; and
(c) Leverage and align other public and private funding sources.
(9) The green industries jobs training account is created in the
state treasury. Moneys from the account must be utilized to supplement
the state opportunity grant program established under RCW 28B.50.271.
All receipts from appropriations directed to the account must be
deposited into the account. Expenditures from the account may be used
only for the activities identified in this subsection. The state board
for community and technical colleges, in consultation with the state
workforce training and education coordinating board, informed by the
research of the employment security department and the strategies
developed in this section, may authorize expenditures from the account.
The state board for community and technical colleges must distribute
grants from the account on a competitive basis.
(a)(i) Allowable uses of these grant funds, which should be used
when other public or private funds are insufficient or unavailable, may
include:
(A) Curriculum development;
(B) Transitional jobs strategies for dislocated workers in
declining industries who may be retrained for high-wage occupations in
green industries;
(C) Workforce education to target populations; and
(D) Adult basic and remedial education as necessary linked to
occupation skills training.
(ii) Allowable uses of these grant funds do not include student
assistance and support services available through the state opportunity
grant program under RCW 28B.50.271.
(b) Applicants eligible to receive these grants may be any
organization or a partnership of organizations that has demonstrated
expertise in:
(i) Implementing effective education and training programs that
meet industry demand; and
(ii) Recruiting and supporting, to successful completion of those
training programs carried out under these grants, the target
populations of workers.
(c) In awarding grants from the green industries jobs training
account, the state board for community and technical colleges shall
give priority to applicants that demonstrate the ability to:
(i) Use labor market and industry analysis developed by the
employment security department and green industry skill panels in the
design and delivery of the relevant education and training program, and
otherwise utilize strategies developed by green industry skill panels;
(ii) Leverage and align existing public programs and resources and
private resources toward the goal of recruiting, supporting, educating,
and training target populations of workers;
(iii) Work collaboratively with other relevant stakeholders in the
regional economy;
(iv) Link adult basic and remedial education, where necessary, with
occupation skills training;
(v) Involve employers and, where applicable, labor unions in the
determination of relevant skills and competencies and, where relevant,
the validation of career pathways; and
(vi) Ensure that supportive services, where necessary, are
integrated with education and training and are delivered by
organizations with direct access to and experience with the targeted
population of workers.
Sec. 546 RCW 43.330.375 and 2010 c 187 s 3 are each amended to
read as follows:
(1) The department and the workforce board must:
(a) Coordinate efforts across the state to ensure that federal
training and education funds are captured and deployed in a focused and
effective manner in order to support green economy projects and
accomplish the goals of the evergreen jobs initiative;
(b) Accelerate and coordinate efforts by state and local
organizations to identify, apply for, and secure all sources of funds,
particularly those created by the 2009 American recovery and
reinvestment act, and to ensure that distributions of funding to local
organizations are allocated in a manner that is time-efficient and
user-friendly for the local organizations. Local organizations
eligible to receive support include but are not limited to:
(i) Associate development organizations;
(ii) Workforce development councils;
(iii) Public utility districts; and
(iv) Community action agencies;
(c) Support green economy projects at both the state and local
level by developing a process and a framework to provide, at a minimum:
(i) Administrative and technical assistance;
(ii) Assistance with and expediting of permit processes; and
(iii) Priority consideration of opportunities leading to exportable
green economy goods and services, including renewable energy
technology;
(d) Coordinate local and state implementation of projects using
federal funds to ensure implementation is time-efficient and user-friendly for local organizations;
(e) Emphasize through both support and outreach efforts, projects
that:
(i) Have a strong and lasting economic or environmental impact;
(ii) Lead to a domestically or internationally exportable good or
service, including renewable energy technology;
(iii) Create training programs leading to a credential,
certificate, or degree in a green economy field;
(iv) Strengthen the state's competitiveness in a particular sector
or cluster of the green economy;
(v) Create employment opportunities for veterans, members of the
national guard, and low-income and disadvantaged populations;
(vi) Comply with prevailing wage provisions of chapter 39.12 RCW;
(vii) Ensure at least fifteen percent of labor hours are performed
by apprentices;
(f) Identify emerging technologies and innovations that are likely
to contribute to advancements in the green economy, including the
activities in designated innovation partnership zones established in
RCW 43.330.270;
(g) Identify barriers to the growth of green jobs in traditional
industries such as the forest products industry;
(h) Identify statewide performance metrics for projects receiving
agency assistance. Such metrics may include:
(i) The number of new green jobs created each year, their wage
levels, and, to the extent determinable, the percentage of new green
jobs filled by veterans, members of the national guard, and low-income
and disadvantaged populations;
(ii) The total amount of new federal funding secured, the
respective amounts allocated to the state and local levels, and the
timeliness of deployment of new funding by state agencies to the local
level;
(iii) The timeliness of state deployment of funds and support to
local organizations; and
(iv) If available, the completion rates, time to completion, and
training-related placement rates for green economy postsecondary
training programs;
(i) Identify strategies to allocate existing and new funding
streams for green economy workforce training programs and education to
emphasize those leading to a credential, certificate, or degree in a
green economy field;
(j) Identify and implement strategies to allocate existing and new
funding streams for workforce development councils and associate
development organizations to increase their effectiveness and
efficiency and increase local capacity to respond rapidly and
comprehensively to opportunities to attract green jobs to local
communities;
(k) Develop targeting criteria for existing investments that are
consistent with the economic development commission's economic
development strategy and the goals of this section and RCW 28C.18.170,
28B.50.281, and 49.04.200; and
(l) Make and support outreach efforts so that residents of
Washington, particularly members of target populations, become aware of
educational and employment opportunities identified and funded through
the evergreen jobs act.
(2) The department and the workforce board must provide semiannual
performance reports to the governor and appropriate committees of the
legislature on:
(a) Actual statewide performance based on the performance measures
identified in subsection (1)(h) of this section;
(b) How the state is emphasizing and supporting projects that lead
to a domestically or internationally exportable good or service,
including renewable energy technology;
(c) A list of projects supported, created, or funded in furtherance
of the goals of the evergreen jobs initiative and the actions taken by
state and local organizations, including the effectiveness of state
agency support provided to local organizations as directed in
subsection (1)(b) and (c) of this section;
(d) Recommendations for new or expanded financial incentives and
comprehensive strategies to:
(i) Recruit, retain, and expand green economy industries and small
businesses; and
(ii) Stimulate research and development of green technology and
innovation, which may include designating innovation partnership zones
linked to the green economy;
(e) Any information that associate development organizations and
workforce development councils choose to provide to appropriate
legislative committees regarding the effectiveness, timeliness, and
coordination of support provided by state agencies under this section
and RCW 28C.18.170, 28B.50.281, and 49.04.200; and
(f) Any recommended statutory changes necessary to increase the
effectiveness of the evergreen jobs initiative and state responsiveness
to local agencies and organizations.
(3) The definitions, designations, and results of the employment
security department's broader labor market research under RCW
43.330.010 shall inform the planning and strategic direction of the
department, the state workforce training and education coordinating
board, and the state board for community and technical colleges((, and
the higher education coordinating board)).
Sec. 547 RCW 70.180.110 and 1998 c 245 s 120 are each amended to
read as follows:
(1) The department, in consultation with at least the ((higher
education coordinating board)) four-year institutions of higher
education as defined in RCW 28B.10.016, the state board for community
and technical colleges, the superintendent of public instruction, and
state-supported education programs in medicine, pharmacy, and nursing,
shall develop a plan for increasing rural training opportunities for
students in medicine, pharmacy, and nursing. The plan shall provide
for direct exposure to rural health professional practice conditions
for students planning careers in medicine, pharmacy, and nursing.
(2) The department and the medical, pharmacy, and nurse education
programs shall:
(a) Inventory existing rural-based clinical experience programs,
including internships, clerkships, residencies, and other training
opportunities available to students pursuing degrees in nursing,
pharmacy, and medicine;
(b) Identify where training opportunities do not currently exist
and are needed;
(c) Develop recommendations for improving the availability of rural
training opportunities;
(d) Develop recommendations on establishing agreements between
education programs to assure that all students in medical, pharmacist,
and nurse education programs in the state have access to rural training
opportunities; and
(e) Review private and public funding sources to finance rural-based training opportunities.
NEW SECTION. Sec. 548 The following acts or parts of acts are
each repealed:
(1) RCW 28B.10.5691 (Campus safety -- Institutional assessments--Updates -- Reports) and 2008 c 168 s 2; and
(2) RCW 28B.15.796 (Effective communication -- Task force to improve
communication and teaching skills of faculty and teaching assistants)
and 1991 c 228 s 4.
NEW SECTION. Sec. 549 A new section is added to chapter 28B.10
RCW to read as follows:
Every two years the office of financial management shall produce,
jointly with the state board for community and technical colleges, the
four-year institutions of higher education as defined in RCW
28B.10.016, and the workforce training and education coordinating
board, an assessment of the number and type of higher education and
training credentials required to match employer demand for a skilled
and educated workforce. The assessment shall include the number of
forecasted net job openings at each level of higher education and
training and the number of credentials needed to match the forecast of
net job openings.
NEW SECTION. Sec. 601 Sections 301 through 309 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 602 Sections 219 through 224 of this act
expire June 30, 2013.
NEW SECTION. Sec. 603 Section 247 of this act expires January 1,
2012.
NEW SECTION. Sec. 604 Section 248 of this act takes effect
January 1, 2012.
NEW SECTION. Sec. 605 Section 528 of this act expires July 1,
2012.
NEW SECTION. Sec. 606 Sections 534 and 535 of this act expire
December 31, 2012.
NEW SECTION. Sec. 607 Except for section 248 of this act, 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.