BILL REQ. #: S-4457.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/02/12.
AN ACT Relating to higher education coordination; amending RCW 28B.77.005, 28B.76.110, 28B.76.210, 28B.76.230, 28B.76.235, 28B.76.240, 28B.76.270, 28B.76.325, 28B.76.510, 28B.76.695, 44.04.260, 43.88.230, 28B.76.280, 28B.76.310, 28B.76.090, 9A.60.070, 18.260.110, 28A.600.280, 28A.600.390, 28B.07.040, 28B.10.020, 28B.10.053, 28B.10.118, 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, 28B.10.423, 28B.10.784, 28B.10.790, 28B.12.030, 28B.15.068, 28B.15.068, 28B.15.102, 28B.15.460, 28B.30.515, 28B.45.014, 28B.45.020, 28B.45.030, 28B.45.040, 28B.45.080, 28B.50.140, 28B.50.810, 28B.50.820, 28B.65.040, 28B.65.050, 28B.76.250, 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.92.030, 28B.92.070, 28B.92.082, 28B.97.020, 28B.109.010, 28B.110.030, 28B.110.040, 28B.117.020, 28B.120.010, 28B.120.020, 28B.120.025, 28B.120.030, 28B.120.040, 28C.10.030, 28C.10.040, 28C.18.030, 28C.18.060, 35.104.020, 35.104.040, 42.17A.705, 43.06.115, 43.19.797, 43.41.400, 43.41A.100, 43.88.090, 43.105.825, 43.215.090, 43.330.310, 43.330.375, 47.80.090, 70.180.110, 74.13.570, 28A.175.135, 28A.660.050, 28B.12.040, 28B.12.070, 28B.15.012, 28B.15.762, 28B.15.764, 28B.76.505, 28B.92.080, 28B.95.020, 28B.102.030, 28B.103.030, 28B.108.020, 28B.108.040, 28B.116.030, 28B.117.030, 28B.15.069, 28A.600.310, 28B.15.380, 28B.15.730, 28B.15.734, 28B.15.750, 28B.15.756, 28A.175.130, 28A.600.290, 28A.700.020, 28A.700.060, 28B.20.130, 28B.30.150, 28B.20.308, 28B.20.478, 28B.30.530, 28B.35.120, 28B.35.202, 28B.35.205, 28B.35.215, 28B.40.120, 28B.40.206, 28B.45.060, 43.09.440, 43.43.934, 43.43.938, 43.60A.151, and 43.88D.010; amending 2011 1st sp.s. c 11 s 244 (uncodified); reenacting and amending RCW 28B.76.2401, 28B.15.760, 28B.50.030, 28B.92.060, 28B.102.020, 28B.116.010, 43.330.280, and 28A.230.100; adding new sections to chapter 28B.77 RCW; adding a new section to chapter 28B.76 RCW; adding new sections to chapter 44.04 RCW; adding new sections to chapter 43.41 RCW; creating new sections; recodifying RCW 28B.76.110, 28B.76.210, 28B.76.230, 28B.76.235, 28B.76.240, 28B.76.2401, 28B.76.250, 28B.76.270, 28B.76.280, 28B.76.325, 28B.76.510, 28B.76.695, and 28B.76.310; decodifying RCW 28B.10.125; repealing RCW 28B.76.290, 28B.10.682, 28B.15.732, 28B.15.752, 28B.15.796, 28B.20.280, 28B.30.500, and 43.88D.005; providing an effective date; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 In 2011, the legislature abolished the
higher education coordinating board and created a council for higher
education effective July 1, 2012. The legislature finds that over the
years additional duties have been given to the higher education
coordinating board, which has diluted the board's resources. The
legislature intends for the new council for higher education to refocus
on the core function of higher education coordination and be a trusted
source of information for policymakers. Furthermore, the legislature
intends to create a bipartisan joint higher education committee to
provide legislative oversight of the council for higher education.
Sec. 101 RCW 28B.77.005 and 2011 1st sp.s. c 11 s 301 are each
amended to read as follows:
On July 1, 2012, the higher education coordinating board is
abolished and the council for higher education is created ((subject to
the recommendations of the higher education steering committee
established in section 302, chapter 11, Laws of 2011 1st sp. sess. and
implementing legislation enacted by the 2012 legislature)) to be known
as "the S.B. White board."
NEW SECTION. Sec. 102 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Committee" means the joint higher education committee.
(2) "Council" means the council for higher education.
(3) "Education data center" means the education data center
established in the office of financial management as provided under RCW
43.41.400.
(4) "Four-year institutions of higher education" means the
University of Washington, Washington State University, Central
Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College.
(5) "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.
(6) "Mission change" means a change in the level of degree awarded
or institutional type not currently authorized in statute.
(7) "Office" means the office of student financial assistance
created in RCW 28B.76.090.
NEW SECTION. Sec. 103 The mission of the council is to be a
resource for policymakers on issues concerning higher education,
develop statewide higher education policies based on relevant and
objective data, and facilitate the coordination of the state's
institutions of higher education.
NEW SECTION. Sec. 104 The duties of the council are to:
(1) Provide strategic planning and develop a ten-year statewide
plan for higher education and continually monitor state and institution
progress in meeting the vision, goals, priorities, and strategies
articulated in the plan;
(2) Provide financing, planning, and strategic investment
recommendations for higher education, including comparing the total
per-student funding in Washington with similar institutions of higher
education in the global challenge states in collaboration with the
education data center and providing system-wide budget recommendations,
necessary to meet statewide goals;
(3) Make system design and coordination recommendations to address
the future needs of higher education in Washington state, consistent
with RCW 28B.76.230 (as recodified by this act);
(4) Improve student transitions and success, which includes but is
not limited to:
(a) Setting minimum college admission standards for four-year
institutions of higher education, including a requirement that
coursework in American sign language or an American Indian language
satisfies any requirement for instruction in a language other than
English that the office or the institutions may establish as a general
undergraduate admissions requirement;
(b) Developing programs to encourage students to prepare for,
understand how to access, and pursue postsecondary college and career
programs;
(c) Recommending policies that require coordination between or
among sectors such as dual high school-college programs, awarding
college credit for advanced high school work, and transfer between two-year and four-year institutions of higher education or between
different four-year institutions of higher education; and
(d) Identifying transitions issues and solutions for students, from
high school to postsecondary education including community and
technical colleges, four-year institutions of higher education,
apprenticeships, training, or workplace education; between two-year and
four-year institutions of higher education; and from postsecondary
education to career;
(5) Facilitate the development and expansion of innovative
practices within, between, and among the sectors to increase
educational attainment and review effectiveness of the innovations;
(6) Use the data and analysis produced by the education data center
created in RCW 43.41.400 in developing policy recommendations and
setting goals and at a minimum track progress toward meeting the
state's ten-year statewide plan;
(7) Oversee the office of student financial assistance, which must
administer student financial aid programs under RCW 28B.76.090,
including but not limited to the state need grant, college bound and
other scholarships, the guaranteed education tuition program, and work-study programs;
(8) Arbitrate disputes between and among four-year institutions of
higher education and the state board for community and technical
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 council shall be binding on the
participants in the dispute;
(9) Coordinate with the governing boards of the two-year and four-year institutions of higher education, the state board for community
and technical colleges, the workforce training and education
coordinating board, and the superintendent of public instruction to
create a seamless system of public education for the citizens of
Washington state geared toward student success;
(10) Protect consumers, which includes approving (a) private,
degree-granting postsecondary institutions consistent with existing
statutory criteria and (b) programs that are eligible programs for
students to use federal benefits such as veterans' benefits; and
(11) Represent the broad public interest above the interests of the
individual institutions of higher education.
NEW SECTION. Sec. 105 (1) The council shall consist of the
following voting members:
(a) One representative of a state university as defined in RCW
28B.10.016, appointed by the council of presidents in collaboration
with the state universities;
(b) One representative of a regional university as defined in RCW
28B.10.016, appointed by the council of presidents in collaboration
with the regional universities;
(c) One representative of a higher education institution as defined
in RCW 28B.07.020, appointed by an association of independent nonprofit
colleges and universities;
(d) Two representatives of community and technical colleges,
appointed by the state board for community and technical colleges;
(e) One student representative, appointed by the governor and
confirmed by the senate; and
(f) Eight persons who reflect diverse, statewide representation,
selected on the basis of their knowledge of or experience in higher
education, who are nominated by the legislature and appointed by the
governor as provided in this subsection (1)(f).
(i) Each of the two largest caucuses in the house of
representatives and in the senate are responsible for two seats on the
council. Each caucus shall submit to the governor a single list of its
nominees. The minimum number of nominees from each caucus shall be
equal to twice the number of open seats for which the caucus is
responsible. Nominees may not be legislators or employees of the state
or its political subdivisions, and no caucus may submit the same
nominee at the same time.
(ii) The governor shall appoint members to each seat on the council
for which a caucus is responsible from the list submitted by the
respective caucus. At least one of the eight members appointed under
this subsection (1)(f) must include an individual representing business
in the science, technology, engineering, or mathematics field.
(iii) None of the eight members may be appointed if his or her
participation in the decisions of the council could benefit his or her
own financial interests or the financial interests of an entity he or
she represents. A councilmember who develops such a conflict of
interest must resign or be removed from the council.
(iv) By June 1, 2012, the caucus must summit its initial list of
nominees to the governor, and by July 1, 2012, the governor must
appoint members to the council.
(2) The councilmembers, except the student member, shall serve
four-year terms, except that to stagger the terms of the council, the
initial appointments for six of the members shall be for two-year
terms. Four of the six initial two-year terms shall be distributed
equally among the caucuses' nominees appointed to the council. No
member may serve more than two full terms, unless the member has been
appointed to fill a vacancy or served an initial two-year term, but in
any event, a member's term may not exceed ten years total. The student
member shall hold his or her office for a term of one year beginning on
the first day of July.
(3) A member of the council whose term has expired or who otherwise
leaves the council shall be replaced in the same manner as the original
appointment. When the person leaving was nominated by one of the
caucuses of the house of representatives or of the senate, his or her
replacement shall be appointed from a list of two nominees submitted by
the respective caucus within thirty days after the person leaves.
(4) The council shall select from its eight caucus nominees a chair
and vice chair, who shall each serve a two-year term. The chair and
vice chair may serve more than one term if selected to do so by the
membership.
(5) The council shall include the superintendent of public
instruction as a nonvoting member to facilitate conversation and
provide guidance on improving student transitions from secondary to
postsecondary education.
NEW SECTION. Sec. 106 (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) Councilmembers are expected to consistently attend meetings.
The chair of the council may remove any member who misses more than two
meetings in any calendar year without cause. Any member so removed
must be replaced as provided under section 105(3) of this act.
NEW SECTION. Sec. 107 Councilmembers shall be compensated in
accordance with RCW 43.03.240 and reimbursed for travel expenses
incurred in carrying out the duties of the council in accordance with
RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 108 (1) The council shall employ a director
and may delegate agency management to the director. The director shall
serve at the pleasure of the council, shall be the executive officer of
the council, and shall, under the council's supervision, administer the
provisions of this chapter.
(2) The director shall, with the approval of the council: (a)
Employ necessary deputy and assistant directors and other exempt staff
under chapter 41.06 RCW who shall serve at his or her pleasure on such
terms and conditions as he or she determines and (b) subject to the
provisions of chapter 41.06 RCW, appoint and employ such other
employees as may be required for the proper discharge of the functions
of the council.
(3) The 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. Outside consulting and
service agencies may also be employed. The council may compensate
these groups and consultants in appropriate ways within the constraints
established by budgeted resources.
NEW SECTION. Sec. 109 The council has the authority to adopt
rules as necessary to implement this chapter.
NEW SECTION. Sec. 110 (1) The council shall identify measurable
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 must encompass all sectors of higher education, including the
two-year system, workforce training, and the four-year institutions of
higher education. The council shall also identify strategies for
expanding access, affordability, quality, efficiency, and
accountability among the various institutions of higher education.
(2) By October 1, 2014, and every two years thereafter, the council
shall submit an update of the ten-year statewide plan to the joint
higher education committee created in section 201 of this act. The
updated plan must reflect the expectations and policy directions of the
higher education and fiscal committees of the legislature and must
provide a timely and relevant framework for the development of future
budgets and policy proposals.
(3) The ten-year statewide plan must include but not be limited to:
(a) Strategic planning, which includes setting benchmarks and goals
for long-term degree production generally and in particular fields of
study;
(b) Financing planning and strategic investment recommendations for
education, including system-wide budget recommendations, necessary to
meet statewide goals;
(c) System design and coordination;
(d) Student transition improvement;
(e) Higher educational data and analysis, in collaboration with the
education data center, which includes measuring outcomes for
recruitment, retention, and success of students;
(f) Policy research; and
(g) College and career access preparedness, in collaboration with
the office of the superintendent of public instruction.
NEW SECTION. Sec. 111 (1) The council shall evaluate whether to
expand its duties to coordinate transitions from secondary to
postsecondary education. The council shall also review whether any
changes are needed to membership of the council created in section 105
of this act. By December 1, 2014, the council shall report its
recommendations to the joint higher education committee created in
section 201 of this act.
(2) This section expires August 1, 2013.
Sec. 112 RCW 28B.76.110 and 2004 c 275 s 5 are each amended to
read as follows:
The ((higher education coordinating board)) council is designated
as the state commission as provided for in Section 1202 of the
education amendments of 1972 (Public Law 92-318), as now or hereafter
amended; and shall perform such functions as is necessary to comply
with federal directives pertaining to the provisions of such law.
Sec. 113 RCW 28B.76.210 and 2011 1st sp.s. c 11 s 104 are each
amended to read as follows:
(1) The ((board)) council 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 for
the council to make budget recommendations for allocations for major
policy changes in accordance with priorities set forth in the ten-year
statewide plan, but the legislature does not intend for the council to
review and make recommendations on individual institutional budgets.
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)) council prioritize funding needs for
the overall system of higher education in accordance with priorities
set forth in the ten-year statewide plan. It is also the intent of the
legislature that the council's recommendations take into consideration
the total per-student funding at similar public institutions of higher
education in the global challenge states.
(2) By December of each odd-numbered year, the ((board)) council
shall ((distribute guidelines which)) outline the ((board's)) council's
fiscal priorities under the ten-year statewide plan that it must
distribute to the institutions ((and)), the state board for community
and technical colleges, the office of financial management, and the
joint higher education committee.
(((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.)) (3) The ((
(b) Capital budget outlines for the two-year institutions shall be
submitted 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.
(c) Capital budget outlines for the four-year institutions must be
submitted 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) The office of financial management shall reference these
reporting requirements in its budget instructions.
(3) The board 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, the missions of the institutions, and the
statewide strategic master plan for higher education under RCW
28B.76.200.
(4)board)) council shall submit recommendations on the
proposed operating budget and priorities to support the ten-year
statewide plan 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. The council shall submit recommendations on the
proposed supplemental budget requests to the office of financial
management by November 1st of odd-numbered years and to the legislature
by January 1st of even-numbered years.
(((5)(a) 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.))
(b) The board shall develop one prioritized list of capital
projects for the legislature to consider that includes all of the
projects requested by the four-year institutions of higher education
that were scored by the office of financial management pursuant to
chapter 43.88D RCW, including projects that were previously scored but
not funded. The prioritized list of capital projects shall be based on
the following priorities in the following order:
(i) Office of financial management scores pursuant to chapter
43.88D RCW;
(ii) Preserving assets;
(iii) Degree production; and
(iv) Maximizing efficient use of instructional space.
(c) The board shall include all of the capital projects requested
by the four-year institutions of higher education, except for the minor
works projects, in the prioritized list of capital projects provided to
the legislature.
(d) The form of the prioritized list for capital projects requested
by the four-year institutions of higher education shall be provided as
one list, ranked in priority order with the highest priority project
ranked number "1" through the lowest priority project numbered last.
The ranking for the prioritized list of capital projects may not:
(i) Include subpriorities;
(ii) Be organized by category;
(iii) Assume any state bond or building account biennial funding
level to prioritize the list; or
(iv) Assume any specific share of projects by institution in the
priority list.
(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. 114 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 of higher education. ((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)) ten-year statewide 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)) council 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.
(4) The ((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) The following activities are subject to approval by the
((board)) council:
(a) ((New degree programs by a four-year institution;)) Creation of any off-campus program by a four-year
institution;
(b)
(((c))) (b) Purchase or lease of major off-campus facilities by a
four-year institution or a community or technical college;
(((d))) (c) Creation of higher education centers and consortia; and
(((e))) (d) 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) 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 ten-year
statewide ((strategic master)) plan for higher education under ((RCW
28B.76.200)) section 110 of this act.
(7) 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) The ((board)) council shall periodically recommend
consolidation or elimination of programs at the four-year institutions
of higher education, based on the needs assessment analysis.
(9) 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) 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) 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. 115 RCW 28B.76.235 and 2011 c 77 s 4 are each amended to
read as follows:
The ((higher education coordinating board)) council shall annually
publish on its web site the agreed-upon list of high school courses
qualifying for postsecondary credit under RCW 28B.10.053 and qualifying
examination ((qualifying)) scores and demonstrated competencies meeting
the postsecondary requirements for a certificate or technical degree,
a two-year academic transfer degree, or the lower division requirements
for a baccalaureate degree.
Sec. 116 RCW 28B.76.240 and 2004 c 275 s 10 are each amended to
read as follows:
The ((board)) council shall adopt statewide transfer and
articulation policies that ensure efficient transfer of credits and
courses across public two and four-year institutions of higher
education. The intent of the policies is to create a statewide system
of articulation and alignment between two and four-year institutions of
higher education. Policies may address but are not limited to creation
of a statewide system of course equivalency, creation of transfer
associate degrees, statewide articulation agreements, applicability of
technical courses toward baccalaureate degrees, and other issues. The
institutions of higher education and the state board for community and
technical colleges shall cooperate with the ((board)) council in
developing the statewide policies and shall provide support and staff
resources as necessary to assist in maintaining the policies. ((The
board shall submit a progress report to the higher education committees
of the senate and house of representatives by December 1, 2006, by
which time the legislature expects measurable improvement in alignment
and transfer efficiency.))
Sec. 117 RCW 28B.76.2401 and 2004 c 55 s 5 are each reenacted and
amended to read as follows:
The statewide transfer of credit policy and agreement must be
designed to facilitate the transfer of students and the evaluation of
transcripts, to better serve persons seeking information about courses
and programs, to aid in academic planning, and to improve the review
and evaluation of academic programs in the state institutions of higher
education. The statewide transfer of credit policy and agreement must
not require or encourage the standardization of course content or
prescribe course content or the credit value assigned by any
institution to the course. Policies adopted by public four-year
institutions of higher education concerning the transfer of lower
division credit must treat students transferring from public community
colleges the same as students transferring from public four-year
institutions of higher education.
Sec. 118 RCW 28B.76.270 and 2011 1st sp.s. c 10 s 8 are each
amended to read as follows:
(1) The ((board)) education data center shall establish an
accountability monitoring and reporting system as part of a continuing
effort to make meaningful and substantial progress towards the
achievement of long-term performance goals in higher education.
(2) To provide consistent, easily understood data among the public
four-year institutions of higher education within Washington and in
other states, the following data must be reported to the education data
center annually by December 1st, and at a minimum include data
recommended by a national organization representing state chief
executives. The ((board)) council may change the data requirements to
be consistent with best practices across the country. This data must,
to the maximum extent possible, be disaggregated by race and ethnicity,
gender, state and county of origin, age, and socioeconomic status, and
include the following for the four-year institutions of higher
education:
(a) Bachelor's degrees awarded;
(b) Graduate and professional degrees awarded;
(c) Graduation rates: The number and percentage of students who
graduate within four years for bachelor's degrees and within the
extended time, which is six years for bachelor's degrees;
(d) Transfer rates: The annual number and percentage of students
who transfer from a two-year to a four-year institution of higher
education;
(e) Time and credits to degree: The average length of time in
years and average number of credits that graduating students took to
earn a bachelor's degree;
(f) Enrollment in remedial education: The number and percentage of
entering first-time undergraduate students who place into and enroll in
remedial mathematics, English, or both;
(g) Success beyond remedial education: The number and percentage
of entering first-time undergraduate students who complete entry
college-level math and English courses within the first two consecutive
academic years;
(h) Credit accumulation: The number and percentage of first-time
undergraduate students completing two quarters or one semester worth of
credit during their first academic year;
(i) Retention rates: The number and percentage of entering
undergraduate students who enroll consecutively from fall-to-spring and
fall-to-fall at an institution of higher education;
(j) Course completion: The percentage of credit hours completed
out of those attempted during an academic year;
(k) Program participation and degree completion rates in bachelor
and advanced degree programs in the sciences, which includes
agriculture and natural resources, biology and biomedical sciences,
computer and information sciences, engineering and engineering
technologies, health professions and clinical sciences, mathematics and
statistics, and physical sciences and science technologies, including
participation and degree completion rates for students from
traditionally underrepresented populations;
(l) Annual enrollment: Annual unduplicated number of students
enrolled over a twelve-month period at institutions of higher education
including by student level;
(m) Annual first-time enrollment: Total first-time students
enrolled in a four-year institution of higher education;
(n) Completion ratio: Annual ratio of undergraduate and graduate
degrees and certificates, of at least one year in expected length,
awarded per one hundred full-time equivalent undergraduate students at
the state level;
(o) Market penetration: Annual ratio of undergraduate and graduate
degrees and certificates, of at least one year in program length,
awarded relative to the state's population age eighteen to twenty-four
years old with a high school diploma;
(p) Student debt load: Median three-year distribution of debt
load, excluding private loans or debts incurred before coming to the
institution;
(q) Data related to enrollment, completion rates, participation
rates, and debt load shall be disaggregated for students in the
following income brackets to the maximum extent possible:
(i) Up to seventy percent of the median family income;
(ii) Between seventy-one percent and one hundred twenty-five
percent of the median family income; and
(iii) Above one hundred twenty-five percent of the median family
income; and
(r) Yearly percentage increases in the average cost of
undergraduate instruction.
(3) Four-year institutions of higher education must count all
students when collecting data, not only first-time, full-time freshmen.
(4) ((Based on guidelines prepared by the board, each four-year
institution and the state board for community and technical colleges
shall submit a biennial plan to achieve measurable and specific
improvements each academic year on statewide and institution-specific
performance measures. Plans shall be submitted to the board along with
the biennial budget requests from the institutions and the state board
for community and technical colleges. Performance measures established
for the community and technical colleges shall reflect the role and
mission of the colleges.)) In conjunction with the office of financial management, all
four-year institutions of higher education must display the data
described in subsection (2) of this section in a uniform dashboard
format on the office of financial management's web site no later than
December 1, 2011, and updated thereafter annually by December 1st. To
the maximum extent possible, the information must be viewable by race
and ethnicity, gender, state and county of origin, age, and
socioeconomic status. The information may be tailored to meet the
needs of various target audiences such as students, researchers, and
the general public.
(5) The board shall approve biennial performance targets for each
four-year institution and for the community and technical college
system and shall review actual achievements annually. The state board
for community and technical colleges shall set biennial performance
targets for each college or district, where appropriate.
(6) The board shall submit a report on progress towards the
statewide goals, with recommendations for the ensuing biennium, to the
fiscal and higher education committees of the legislature along with
the board's biennial budget recommendations.
(7) The board, in collaboration with the four-year institutions and
the state board for community and technical colleges, shall
periodically review and update the accountability monitoring and
reporting system.
(8) The board shall develop measurable indicators and benchmarks
for its own performance regarding cost, quantity, quality, and
timeliness and including the performance of committees and advisory
groups convened under this chapter to accomplish such tasks as
improving transfer and articulation, improving articulation with the K-12 education system, measuring educational costs, or developing data
protocols. The board shall submit its accountability plan to the
legislature concurrently with the biennial report on institution
progress.
(9)
Sec. 119 RCW 28B.76.325 and 2011 1st sp.s. c 10 s 28 are each
amended to read as follows:
(1) The ((board)) council, the state board for community and
technical colleges, the council of presidents, the four-year
institutions of higher education, the private independent higher
education institutions, and the private career schools shall
collaborate to carry out the following goals:
(a) Increase the number of students who receive academic credit for
prior learning and the number of students who receive credit for prior
learning that counts towards their major or towards earning their
degree, certificate, or credential, while ensuring that credit is
awarded only for high quality, course-level competencies;
(b) Increase the number and type of academic credits accepted for
prior learning in institutions of higher education, while ensuring that
credit is awarded only for high quality, course-level competencies;
(c) Develop transparent policies and practices in awarding academic
credit for prior learning;
(d) Improve prior learning assessment practices across the
institutions of higher education;
(e) Create tools to develop faculty and staff knowledge and
expertise in awarding credit for prior learning and to share exemplary
policies and practices among institutions of higher education;
(f) Develop articulation agreements when patterns of credit for
prior learning are identified for particular programs and pathways; and
(g) Develop outcome measures to track progress on the goals
outlined in this section.
(2) The ((board)) council shall convene the academic credit for
prior learning work group.
(a) The work group must include the following members:
(i) One representative from the ((higher education coordinating
board)) council;
(ii) One representative from the state board for community and
technical colleges;
(iii) One representative from the council of presidents;
(iv) Two representatives each from faculty from two and four-year
institutions of higher education;
(v) Two representatives from private career schools;
(vi) Two representatives from business; and
(vii) Two representatives from labor.
(b) The purpose of the work group is to coordinate and implement
the goals in subsection (1) of this section.
(3) The ((board)) council shall report progress on the goals and
outcome measures annually by December 31st.
(4) For the purposes of this section, "prior learning" means the
knowledge and skills gained through work and life experience; through
military training and experience; and through formal and informal
education and training from in-state and out-of-state institutions
including foreign institutions.
Sec. 120 RCW 28B.76.510 and 2011 1st sp.s. c 11 s 108 are each
amended to read as follows:
The ((office shall)) council may administer any federal act
pertaining to higher education which is not administered by another
state agency.
Sec. 121 RCW 28B.76.695 and 2011 c 146 s 2 are each amended to
read as follows:
(1) The ((board)) council may:
(a) Recognize and endorse online, competency-based education as an
important component of Washington's higher education system;
(b) Work to eliminate unnecessary barriers to the delivery of
online competency-based education by Western Governors University -Washington; and
(c) Work with Western Governors University - Washington, as
appropriate, to integrate its academic programs and services into
Washington higher education policy and strategy.
(2) The ((board)) council shall work with Western Governors
University - Washington to create data-sharing processes to assess the
institution's performance and determine the extent to which it helps
the state achieve the goals of the current ((statewide strategic
master)) ten-year plan for higher education.
(3) The ((board)) council shall adopt rules and policies to
implement this section and that require ((board)) council consultation
and approval before:
(a) Modifications of contractual terms or relationships between the
state and the institution of higher education; or
(b) Changes or modifications in the nonprofit status of the
institution of higher education.
NEW SECTION. Sec. 122 RCW 28B.76.290 (Coordination of activities
with segments of higher education) and 1993 c 77 s 2, 1992 c 60 s 3,
1988 c 172 s 4, & 1985 c 370 s 6 are each repealed.
NEW SECTION. Sec. 123 A new section is added to chapter 28B.77
RCW to read as follows:
(1) All powers, duties, and functions of the higher education
coordinating board except for matters pertaining to student financial
aid are transferred to the council for higher education. 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 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
necessary to the assigned functions of the council for higher education
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, and functions 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 council for higher education under this section
whose positions are within an existing bargaining unit description at
the council for higher education shall become a part of the existing
bargaining unit at the council for higher education 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. 124 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 pertaining to student financial aid 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. 201 A new section is added to chapter 44.04
RCW to read as follows:
(1) A joint higher education committee is created.
(2) The purpose of the joint higher education committee is to:
(a) By December 1, 2012, and annually thereafter, review the work
of the council for higher education and provide legislative feedback;
(b) Engage with the council for higher education and the higher
education community to create greater communication, coordination, and
alignment between the higher education system and the expectations of
the legislature; and
(c) Provide recommendations for higher education policy, including
proposed legislation, to the higher education and fiscal committees of
the legislature.
NEW SECTION. Sec. 202 A new section is added to chapter 44.04
RCW to read as follows:
(1) The joint higher education committee shall consist of the
following members:
(a) Four members of the house of representatives, two each
appointed by the leadership of the two largest caucuses, with at least
one member from each caucus who is a member of the house of
representatives ways and means committee and at least one member from
each caucus who is a member of the house of representatives higher
education committee; and
(b) Four members of the senate, two each appointed by the
leadership of the two largest caucuses, with at least one member from
each caucus who is a member of the senate ways and means committee and
at least one member from each caucus who is a member of the senate
higher education and workforce development committee.
(2) All members must be appointed by July 1, 2012, and must serve
a term of no less than two years.
(3) Vacancies on the joint higher education committee shall be
filled by appointment by either the president of the senate or the
speaker of the house of representatives. All such vacancies shall be
filled from the same political party and from the same house as the
member whose seat was vacated.
(4) The joint higher education committee shall appoint its own
cochairs, representing two different parties and the two chambers of
the legislature.
NEW SECTION. Sec. 203 A new section is added to chapter 44.04
RCW to read as follows:
(1) The joint higher education committee shall meet at least twice
annually, once during December and once after the conclusion of the
legislative session.
(2) The members of the joint higher education committee shall serve
without additional compensation, but shall be reimbursed in accordance
with RCW 44.04.120 while attending meetings of the joint higher
education committee.
(3) The joint higher education committee shall adopt rules and
procedures for its operations.
(4) Staff support for the joint higher education committee must be
provided by the senate committee services and the house of
representatives office of program research.
NEW SECTION. Sec. 204 A new section is added to chapter 44.04
RCW to read as follows:
Members of the joint higher education committee must recommend to
their respective caucuses nominees for possible appointment and
reappointment to the council for higher education as provided in
section 105 of this act.
Sec. 205 RCW 44.04.260 and 2005 c 319 s 112 are each amended to
read as follows:
The joint legislative audit and review committee, the joint
transportation committee, the select committee on pension policy, the
legislative evaluation and accountability program committee, the joint
higher education committee, and the joint legislative systems committee
are subject to such operational policies, procedures, and oversight as
are deemed necessary by the facilities and operations committee of the
senate and the executive rules committee of the house of
representatives to ensure operational adequacy of the agencies of the
legislative branch. As used in this section, "operational policies,
procedures, and oversight" includes the development process of biennial
budgets, contracting procedures, personnel policies, and compensation
plans, selection of a chief administrator, facilities, and
expenditures. This section does not grant oversight authority to the
facilities and operations committee of the senate over any standing
committee of the house of representatives or oversight authority to the
executive rules committee of the house of representatives over any
standing committee of the senate.
Sec. 206 RCW 43.88.230 and 2005 c 319 s 109 are each amended to
read as follows:
For the purposes of this chapter, the statute law committee, the
joint legislative audit and review committee, the joint transportation
committee, the legislative evaluation and accountability program
committee, the joint higher education committee, the office of state
actuary, and all legislative standing committees of both houses shall
be deemed a part of the legislative branch of state government.
NEW SECTION. Sec. 301 A new section is added to chapter 43.41
RCW to read as follows:
The education data center in consultation with institutions of
higher education as defined in RCW 28B.10.016 shall annually develop
information on the approximate amount of state support that students
receive. For students at state-supported colleges and universities,
the information must 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.
Sec. 302 RCW 28B.76.280 and 2010 1st sp.s. c 7 s 58 are each
amended to read as follows:
(1) In consultation with the education data center, institutions of
higher education, and state education agencies, the ((board)) council
shall identify the data needed to carry out its responsibilities for
policy analysis, accountability, program improvements, and public
information. The primary goals of the ((board's)) council's data
collection and research are to describe how students and other
beneficiaries of higher education are being served; to support higher
education accountability; to compare and contrast the state of
Washington's higher education system with the rest of the nation; and
to assist state policymakers and institutions in making policy
decisions. Assistance to state policymakers and institutions of higher
education in making policy decisions includes but is not limited to:
(a) Regular completion of educational cost study reports as
provided in RCW 28B.76.310 and information on state support received by
students as provided in section 301 of this act;
(b) Annual reporting of a national comparison of tuition and fees;
and
(c) Per-student funding at similar public institutions of higher
education in the global challenge states.
(2) The ((board)) council shall identify the most cost-effective
manner for the ((board)) council to collect data or access existing
data. The ((board)) council shall develop research priorities,
policies, and common definitions to maximize the reliability and
consistency of data across institutions.
(3) Specific protocols shall be developed by the ((board)) council
to protect the privacy of individual student records while ensuring the
availability of student data for legitimate research purposes.
Sec. 303 RCW 28B.76.310 and 2011 1st sp.s. c 11 s 105 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, 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) The institutions of higher education 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) Beginning December 1, 2012, and each December 1st thereafter,
the center must provide cost study reports intended to meet the
information needs of the governor's office and the legislature and the
requirements of section 301 of this act.
NEW SECTION. Sec. 304 A new section is added to chapter 43.41
RCW to read as follows:
The education data center must determine and report on amounts
constituting undergraduate and graduate educational costs to the
several boards of regents and trustees for the state institutions of
higher education by November 10th of each even-numbered year.
Sec. 401 RCW 28B.76.090 and 2011 1st sp.s. c 11 s 102 are each
amended to read as follows:
(1) The office of student financial assistance is created within
the council for higher education.
(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 office shall employ a deputy director who shall serve at
the pleasure of the ((governor)) director of the council for higher
education created in RCW 28B.77.005 and shall administer the provisions
of this chapter. ((The director shall: (a) Employ necessary deputy
and assistant directors and other exempt staff under chapter 41.06 RCW
who shall serve at his or her pleasure on such terms and conditions as
he or she determines and (b) subject to the provisions of chapter 41.06
RCW, appoint and employ such other employees as may be required for the
proper discharge of the functions of the office.))
Sec. 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. 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, council for 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.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 council for
higher education ((coordinating board)), ((and)) the public
baccalaureate institutions, and the education data center, 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. 504 RCW 28A.600.390 and 1994 c 205 s 10 are each amended to
read as follows:
The superintendent of public instruction, the state board for
community and technical colleges, and the council for 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. 505 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 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 council for higher education
((coordinating board)) to determine project priorities under the
purposes of this chapter; and
(15) To do all other things necessary, useful, or convenient to
carry out the purposes of this chapter.
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. 506 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 (as recodified by this
act).
Sec. 507 RCW 28B.10.053 and 2011 2nd sp.s. c 3 s 1 are each
amended to read as follows:
(1) By December 1, 2011, and by June of each odd-numbered year
thereafter, the institutions of higher education shall collaboratively
develop a master list of postsecondary courses that can be fulfilled by
taking the advanced placement, international baccalaureate, or other
recognized college-level proficiency examinations, including but not
limited to examinations by a national multidisciplinary science,
technology, engineering, and mathematics program, and meeting the
qualifying examination score or demonstrated competencies for lower
division general education requirements or postsecondary professional
technical requirements. The master list of postsecondary courses
fulfilled by proficiency examinations or demonstrated competencies are
those that fulfill lower division general education requirements or
career and technical education requirements and qualify for
postsecondary credit. From the master list, each institution shall
create and publish a list of its courses that can be satisfied by
successful proficiency examination scores or demonstrated competencies
for lower division general education requirements or postsecondary
professional technical requirements. The qualifying examination scores
and demonstrated competencies shall be included in the published list.
The requirements to develop a master list under this section do not
apply if an institution has a clearly published policy of awarding
credit for the advanced placement, international baccalaureate, or
other recognized college-level placement exams and does not require
those credits to meet specific course requirements but generally
applies those credits towards degree requirements.
(2) To the maximum extent possible, institutions of higher
education shall agree on examination qualifying scores and demonstrated
competencies for the credits or courses under subsection (3) of this
section, with scores equivalent to qualified or well-qualified.
Nothing in this subsection shall prevent an institution of higher
education from adopting policies using higher scores for additional
purposes.
(3) Each institution of higher education, in designing its
certificate, technical degree program, two-year academic transfer
program, or freshman and sophomore courses of a baccalaureate program
or baccalaureate degree, must recognize the equivalencies of at least
one year of course credit and maximize the application of the credits
toward lower division general education requirements that can be earned
through successfully demonstrating proficiency on examinations,
including but not limited to advanced placement and international
baccalaureate examinations. The successful completion of the
examination and the award of credit shall be noted on the student's
college transcript.
(4) Each institution of higher education must clearly include in
its admissions materials and on its web site the credits or the
institution's list of postsecondary courses that can be fulfilled by
proficiency examinations or demonstrated competencies and the agreed-upon examination scores and demonstrated competencies that qualify for
postsecondary credit. Each institution must provide the information to
the council for higher education ((coordinating board)) and state board
for community and technical colleges in a form that the superintendent
of public instruction is able to distribute to school districts.
Sec. 508 RCW 28B.10.118 and 2011 c 108 s 2 are each amended to
read as follows:
(1) State universities, regional universities, and The Evergreen
State College may develop accelerated baccalaureate degree programs
that will allow academically qualified students to obtain a
baccalaureate degree in three years without attending summer classes or
enrolling in more than a full-time class load during the regular
academic year. The programs must allow academically qualified students
to begin coursework within their academic field during their first term
or semester of enrollment.
(2) The state universities, regional universities, and The
Evergreen State College shall report on their plans for the accelerated
baccalaureate degree programs to the council for higher education
((coordinating board)) for approval.
Sec. 509 RCW 28B.10.400 and 2011 1st sp.s. c 47 s 2 are each
amended to read as follows:
(1) The boards of regents of the state universities, the boards of
trustees of the regional universities and of The Evergreen State
College, the state board for community and technical colleges, and the
council for higher education ((coordinating board)) are authorized and
empowered:
(a) To assist the faculties and such other employees exempt from
civil service pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) as any
such board may designate in the purchase of old age annuities or
retirement income plans under such rules as any such board may
prescribe, subject to the restrictions in subsection (2) of this
section. County agricultural agents, home demonstration agents, 4-H
club agents, and assistant county agricultural agents paid jointly by
the Washington State University and the several counties shall be
deemed to be full-time employees of the Washington State University for
the purposes of this section;
(b) To provide, under such rules as any such board may prescribe
for the faculty members or other employees exempt from civil service
pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) under its
supervision, for the retirement of any such faculty member or other
exempt employee on account of age or condition of health, retirement on
account of age to be not earlier than the sixty-fifth birthday:
PROVIDED, That such faculty member or such other exempt employee may
elect to retire at the earliest age specified for retirement by federal
social security law: PROVIDED FURTHER, That any supplemental payment
authorized by (c) of this subsection and paid as a result of retirement
earlier than age sixty-five shall be at an actuarially reduced rate;
and shall be provided only to those persons who participate in an
annuity or retirement income plan under (a) of this subsection prior to
July 1, 2011;
(c) To pay only to those persons who participate in an annuity or
retirement income plan under (a) of this subsection prior to July 1,
2011, or to his or her designated beneficiary(s), each year after his
or her retirement, a supplemental amount which, when added to the
amount of such annuity or retirement income plan, or retirement income
benefit pursuant to RCW 28B.10.415, received by the retired person or
the retired person's designated beneficiary(s) in such year, will not
exceed fifty percent of the average annual salary paid to such retired
person for his or her highest two consecutive years of full-time
service under an annuity or retirement income plan established pursuant
to (a) of this subsection at an institution of higher education:
PROVIDED, HOWEVER, That if such retired person prior to retirement
elected a supplemental payment survivors option, any such supplemental
payments to such retired person or the retired person's designated
beneficiary(s) shall be at actuarially reduced rates: PROVIDED
FURTHER, That if a faculty member or other employee of an institution
of higher education who is a participant in a retirement plan
authorized by this section dies, or has died before retirement but
after becoming eligible for retirement on account of age, the
designated beneficiary(s) shall be entitled to receive the supplemental
payment authorized by this subsection to which such designated
beneficiary(s) would have been entitled had said deceased faculty
member or other employee retired on the date of death after electing a
supplemental payment survivors option: PROVIDED FURTHER, That for the
purpose of this subsection, the designated beneficiary(s) shall be (i)
the surviving spouse of the retiree; or, (ii) with the written consent
of such spouse, if any, such other person or persons as shall have an
insurable interest in the retiree's life and shall have been nominated
by written designation duly executed and filed with the retiree's
institution of higher education.
(2) Boards are prohibited from offering a purchased annuity or
retirement income plan authorized under this section to employees hired
on or after July 1, 2011, who have retired or are eligible to retire
from a public employees' retirement system described in RCW 41.50.030.
The council for higher education ((coordinating board)) shall only
offer participation in a purchased annuity or retirement income plan
authorized under this section to employees who have previously
contributed premiums to a similar qualified plan.
(3) During the 2011 legislative interim, the select committee on
pension policy shall evaluate the suitability and necessity of the
annuity and retirement plans authorized under this chapter for
employees in various positions within higher education institutions.
The select committee shall report its findings, including any
recommendations for restrictions on future plan membership, to the ways
and means committees of the house of representatives and the senate no
later than December 31, 2011.
Sec. 510 RCW 28B.10.405 and 2011 1st sp.s. c 47 s 3 are each
amended to read as follows:
Members of the faculties and such other employees exempt from civil
service pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) as are
designated by the boards of regents of the state universities, the
boards of trustees of the regional universities and of The Evergreen
State College, the council for higher education ((coordinating board)),
or the state board for community and technical colleges who do not opt
to become members of the teachers' retirement system or the public
employees' retirement system under RCW 41.32.836 or 41.40.798, or who
are not prevented from participation in an annuity or retirement plan
under RCW 28B.10.400(2) shall be required to contribute not less than
five percent of their salaries during each year of full-time service
after the first two years of such service toward the purchase of such
annuity or retirement income plan; such contributions may be in
addition to federal social security tax contributions, if any.
Sec. 511 RCW 28B.10.410 and 2011 1st sp.s. c 47 s 4 are each
amended to read as follows:
The boards of regents of the state universities, the boards of
trustees of the regional universities and of The Evergreen State
College, the council for higher education ((coordinating board)), or
the state board for community and technical colleges shall pay not more
than one-half of the annual premium of any annuity or retirement income
plan established under the provisions of RCW 28B.10.400. Such
contribution shall not exceed ten percent of the salary of the faculty
member or other employee on whose behalf the contribution is made.
This contribution may be in addition to federal social security tax
contributions made by the boards, if any.
Sec. 512 RCW 28B.10.415 and 2011 1st sp.s. c 47 s 5 are each
amended to read as follows:
The boards of regents of the state universities, the boards of
trustees of the regional universities and of The Evergreen State
College, the council for higher education ((coordinating board)), or
the state board for community and technical colleges shall not pay any
amount to be added to the annuity or retirement income plan of any
retired person who was first hired on or after July 1, 2011, or who has
served for less than ten years in one or more of the state institutions
of higher education. In the case of persons who have served more than
ten years but less than twenty-five years no amount shall be paid in
excess of four percent of the amount authorized in RCW
28B.10.400(1)(c), multiplied by the number of years of full-time
service rendered by such person: PROVIDED, That credit for years of
service at an institution of higher education shall be limited to those
years in which contributions were made by a faculty member or other
employee designated pursuant to RCW 28B.10.400(1)(a) and the
institution or the state as a result of which a benefit is being
received by a retired person from any Washington state public
retirement plan: PROVIDED FURTHER, That all such benefits that a
retired person is eligible to receive shall reduce any supplementation
payments provided for in RCW 28B.10.400.
Sec. 513 RCW 28B.10.423 and 2011 1st sp.s. c 47 s 7 are each
amended to read as follows:
(1) For employees who are first employed by an institution of
higher education in a position eligible for participation in an old age
annuities or retirement income plan under this chapter prior to July 1,
2011, it is the intent of RCW 28B.10.400, 28B.10.405, 28B.10.410,
28B.10.415, 28B.10.420, and 28B.10.423 that the retirement income
resulting from the contributions described herein from the state of
Washington and the employee shall be projected actuarially so that it
shall not exceed sixty percent of the average of the highest two
consecutive years salary. Periodic review of the retirement systems
established pursuant to RCW 28B.10.400, 28B.10.405, 28B.10.410,
28B.10.415, 28B.10.420, and 28B.10.423 will be undertaken at such time
and in such manner as determined by the committees on ways and means of
the senate and of the house of representatives, the select committee on
pension policy, and the pension funding council, and joint contribution
rates will be adjusted if necessary to accomplish this intent.
(2) Beginning July 1, 2011, state funding for annuity or retirement
income plans under RCW 28B.10.400 shall not exceed six percent of
salary. The state board for community and technical colleges and the
council for higher education ((coordinating board)) are exempt from the
provisions of this subsection (2).
(3) By June 30, 2013, and every two years thereafter, each
institution of higher education that is responsible for payment of
supplemental amounts under RCW 28B.10.400(1)(c) shall contract with the
state actuary under chapter 41.44 RCW for an actuarial valuation of
their supplemental benefit plan. By June 30, 2013, and at least once
every six years thereafter, each institution shall also contract with
the state actuary under chapter 41.44 RCW for an actuarial experience
study of the mortality, service, compensation, and other experience of
the annuity or retirement income plans created in this chapter, and
into the financial condition of each system. At the discretion of the
state actuary, the valuation or experience study may be performed by
the state actuary or by an outside actuarial firm under contract to the
office of the state actuary. Each institution of higher education is
required to provide the data and information required for the
performance of the valuation or experience study to the office of the
state actuary or to the actuary performing the study on behalf of the
state actuary. The state actuary may charge each institution for the
actual cost of the valuation or experience study through an interagency
agreement. Upon completion of the valuation or experience study, the
state actuary shall provide copies of the study to the institution of
higher education and to the select committee on pension policy and the
pension funding council.
(4)(a) A higher education retirement plan supplemental benefit fund
is created in the custody of the state treasurer for the purpose of
funding future benefit obligations of higher education retirement plan
supplemental benefits. The state investment board has the full power
to invest, reinvest, manage, contract, sell, or exchange investment
money in the fund.
(b) From January 1, 2012, through June 30, 2013, an employer
contribution rate of one-quarter of one percent of salary is
established to begin prefunding the unfunded future obligations of the
supplemental benefit established in RCW 28B.10.400.
(c) Beginning July 1, 2013, an employer contribution rate of one-half of one percent of salary is established to prefund the unfunded
future obligations of the supplemental benefit established in RCW
28B.10.400.
(d) Consistent with chapter 41.50 RCW, the department of retirement
systems shall collect the employer contribution rates established in
this section from each state institution of higher education, and
deposit those contributions into the higher education retirement plan
supplemental benefit fund. The contributions made by each employer
into the higher education retirement plan supplemental benefit fund and
the earnings on those contributions shall be accounted for separately
within the fund.
(e) Following the completion and review of the initial actuarial
valuations and experience study conducted pursuant to subsection (3) of
this section, the pension funding council may:
(i) Adopt and make changes to the employer contribution rates
established in this subsection consistent with the procedures
established in chapter 41.45 RCW. If the actuarial valuations of the
higher education retirement plans of each institution contributing to
the higher education retirement plan supplemental benefit fund suggest
that different contribution rates are appropriate for each institution,
different rates may be adopted. Rates adopted by the pension funding
council are subject to revision by the legislature;
(ii) Recommend legislation that will, upon accumulation of
sufficient funding in the higher education retirement plan supplemental
benefit fund, transfer the responsibility for making supplemental
benefit payments to the department of retirement systems, and adjust
employer contribution rates to reflect the transfer of responsibility.
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 council for 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 council for 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.10.790 and 2011 1st sp.s. c 11 s 139 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(((5))) (4), and (2) the institution attended is a
member institution of an accrediting association recognized by rule of
the ((office of student financial assistance)) council for higher
education 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. 516 RCW 28B.12.030 and 2011 1st sp.s. c 11 s 142 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 postsecondary institution who, according
to a system of need analysis approved by the 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 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. 517 RCW 28B.15.068 and 2011 1st sp.s. c 10 s 7 are each
amended to read as follows:
(1) By September 1st of each year beginning in 2011, the office of
financial management shall report to the governor, the council for
higher education ((coordinating board)), and appropriate committees of
the legislature with updated estimates of:
(a) The total per-student funding level that represents the
sixtieth percentile of funding for similar institutions of higher
education in the global challenge states; and
(b) The tuition that represents the sixtieth percentile of resident
undergraduate tuition for similar institutions of higher education in
the global challenge states.
(2) 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.
(3) Institutions of higher education, in collaboration with
relevant student associations, shall aim to have all students who can
benefit from available tax credits that mitigate the costs of higher
education take advantage of these opportunities. These tax credits
include the American opportunity tax credit provided in the American
recovery and reinvestment act of 2009, the lifetime learning credit,
and other relevant tax credits for as long as they are available.
(4)(a) Institutions shall make every effort to communicate to
students and their families the benefits of such tax credits and
provide assistance to students and their families on how to apply.
(b) Information about relevant tax credits shall, to the greatest
extent possible, be incorporated into financial aid counseling,
admission information, and individual billing statements.
(c) Institutions shall, to the greatest extent possible, use all
means of communication, including but not limited to web sites, online
catalogues, admission and registration forms, mass email messaging,
social media, and outside marketing to ensure information about
relevant tax credits is visible and compelling, and reaches the maximum
amount of student and families that can benefit.
(5) In the event that the economic value of the American
opportunity tax credit is reduced or expires at any time before
December 31, 2012, institutions of higher education shall:
(a) Develop an updated tuition mitigation plan established under
RCW 28B.15.102 for the purpose of minimizing, to the greatest extent
possible, the increase in net cost of tuition or total cost of
attendance for students resulting from any such change. This plan
shall include the methods specified by the four-year institution of
higher education to avoid adding additional loan debt burdens to
students regardless of the source of such loans;
(b) Report to the governor and the relevant committees of the
legislature on their plans to adjust their tuition mitigation plans no
later than ninety days after any such change to the American
opportunity tax credit.
Sec. 518 RCW 28B.15.068 and 2011 1st sp.s. c 50 s 928 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. In order to facilitate the full
implementation of chapter 10, Laws of 2011 1st sp. sess. for the
2011-12 academic year and thereafter, the institutions of higher
education are authorized to adopt tuition levels that are less than,
equal to, or greater than the tuition levels assumed in the omnibus
appropriations act, subject to the conditions and limitations in this
chapter and the omnibus appropriations act.
(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 council for
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. 519 RCW 28B.15.102 and 2011 1st sp.s. c 10 s 6 are each
amended to read as follows:
(1) Beginning with the 2011-12 academic year, any four-year
institution of higher education that increases tuition beyond levels
assumed in the omnibus appropriations act is subject to the financial
aid requirements included in this section and shall remain subject to
these requirements through the 2018-19 academic year.
(2) Beginning July 1, 2011, each four-year institution of higher
education that raises tuition beyond levels assumed in the omnibus
appropriations act shall, in a manner consistent with the goal of
enhancing the quality of and access to their institutions, provide
financial aid to offset full-time tuition fees for resident
undergraduate students as follows:
(a) Subtract from the full-time tuition fees an amount that is
equal to the maximum amount of a state need grant award that would be
given to an eligible student with a family income at or below fifty
percent of the state's median family income as determined by the
council for higher education ((coordinating board)); and
(b) Offset the remainder as follows:
(i) Students with demonstrated need whose family incomes are at or
below fifty percent of the state's median family income shall receive
financial aid equal to one hundred percent of the remainder if an
institution's full-time tuition fees for resident undergraduate
students is five percent or greater of the state's median family income
for a family of four as provided by the council for higher education
((coordinating board));
(ii) Students with demonstrated need whose family incomes are
greater than fifty percent and no more than seventy percent of the
state's median family income shall receive financial aid equal to
seventy-five percent of the remainder if an institution's full-time
tuition fees for resident undergraduate students is ten percent or
greater of the state's median family income for a family of four as
provided by the council for higher education ((coordinating board));
(iii) Students with demonstrated need whose family incomes exceed
seventy percent and are less than one hundred percent of the state's
median family income shall receive financial aid equal to fifty percent
of the remainder if an institution's full-time tuition fees for
resident undergraduate students is fifteen percent or greater of the
state's median family income for a family of four as provided by the
council for higher education ((coordinating board)); and
(iv) Students with demonstrated need whose family incomes are at or
exceed one hundred percent and are no more than one hundred twenty-five
percent of the state's median family income shall receive financial aid
equal to twenty-five percent of the remainder if an institution's
full-time tuition fees for resident undergraduate students is twenty
percent or greater of the state's median family income for a family of
four as provided by the council for higher education ((coordinating
board)).
(3) The financial aid required in subsection (2) of this section
shall:
(a) Be reduced by the amount of other financial aid awards, not
including the state need grant;
(b) Be prorated based on credit load; and
(c) Only be provided to students up to demonstrated need.
(4) Financial aid sources and methods may be:
(a) Tuition revenue or locally held funds;
(b) Tuition waivers created by a four-year institution of higher
education for the specific purpose of serving low and middle-income
students; or
(c) Local financial aid programs.
(5) Use of tuition waivers as specified in subsection (4)(b) of
this section shall not be included in determining total state tuition
waiver authority as defined in RCW 28B.15.910.
(6) By August 15, 2012, and August 15th every year thereafter,
four-year institutions of higher education shall report to the governor
and relevant committees of the legislature on the effectiveness of the
various sources and methods of financial aid in mitigating tuition
increases. A key purpose of these reports is to provide information
regarding the results of the decision to grant tuition-setting
authority to the four-year institutions of higher education and whether
tuition setting authority should continue to be granted to the
institutions or revert back to the legislature after consideration of
the impacts on students, including educational access, affordability,
and quality. These reports shall include:
(a) The amount of additional financial aid provided to middle-income and low-income students with demonstrated need in the aggregate
and per student;
(b) An itemization of the sources and methods of financial aid
provided by the four-year institution of higher education in the
aggregate and per student;
(c) An analysis of the combined impact of federal tuition tax
credits and financial aid provided by the institution of higher
education on the net cost to students and their families resulting from
tuition increases;
(d) In cases where tuition increases are greater than those assumed
in the omnibus appropriations act at any four-year institution of
higher education, the institution must include an explanation in its
report of why this increase was necessary and how the institution will
mitigate the effects of the increase. The institution must include in
this section of its report a plan and specific timelines; and
(e) An analysis of changes in resident student enrollment patterns,
participation rates, graduation rates, and debt load, by race and
ethnicity, gender, state and county of origin, age, and socioeconomic
status, and a plan to mitigate effects of reduced diversity due to
tuition increases. This analysis shall include disaggregated data for
resident students in the following income brackets:
(i) Up to seventy percent of the median family income;
(ii) Between seventy-one percent and one hundred twenty-five
percent of the median family income; and
(iii) Above one hundred twenty-five percent of the median family
income.
(7) Beginning in the 2012-13 academic year, the University of
Washington shall enroll during each academic year at least the same
number of resident freshman undergraduate students at the Seattle
campus, as defined in RCW 28B.15.012, as enrolled during the 2009-10
academic year. This requirement shall not apply to nonresident
undergraduate and graduate and professional students.
Sec. 520 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. 521 RCW 28B.15.760 and 2011 1st sp.s. c 11 s 155 are each
reenacted and 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) (("Board" means the higher education coordinating board.)) "Borrower" means an eligible student who has received a loan
under RCW 28B.15.762.
(2)
(2) "Council" means the council for higher education.
(3) "Eligible student" means a student registered for at least ten
credit hours or the equivalent and demonstrates achievement of a 3.00
grade point average for each academic year, who is a resident student
as defined by RCW 28B.15.012 through 28B.15.015, who is a "needy
student" as defined in RCW 28B.92.030, and who has a declared major in
a program leading to a degree in teacher education in a field of
science or mathematics, or a certificated teacher who meets the same
credit hour and "needy student" requirements and is seeking an
additional degree in science or mathematics.
(4) "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.
(5) "Institution of higher education" or "institution" means a
college or university in the state of Washington which is a member
institution of an accrediting association recognized as such by rule of
the ((higher education coordinating board)) council.
(6) "Office" means the office of student financial assistance.
(7) "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.
(8) "Satisfied" means paid-in-full.
Sec. 522 RCW 28B.30.515 and 2011 c 321 s 1 are each amended to
read as follows:
(1) The legislature finds that access to baccalaureate and graduate
degree programs continues to be limited for residents of north
Snohomish, Island, and Skagit counties. Studies conducted by the state
board for community and technical colleges, the higher education
coordinating board, and the council of presidents confirm that
enrollment in higher education compared to demand in this geographic
region lags behind enrollment in other parts of the state, particularly
for upper-division courses leading to advanced degrees.
(2) The legislature also finds that access to high employer demand
programs of study is imperative for the state's global competitiveness
and economic prosperity, particularly those degrees in the science,
technology, engineering, and mathematics (STEM) fields that align with
the workforce skill demands of the regional economy, that support the
aerospace industry, and provide skilled undergraduate and
graduate-degree engineers required by the largest employers in the
aerospace industry cluster.
(3) The legislature finds that meeting the long-range goal of
greatly expanded access for the population of the region to the widest
array of baccalaureate and graduate programs can best be accomplished
by assigning responsibility to a research university with multiple
experiences in similar settings.
(4) Management and leadership of the University Center of North
Puget Sound is assigned to Washington State University to meet the
needs of the Everett metropolitan area and the north Snohomish, Island,
and Skagit county region and the state of Washington for baccalaureate
and graduate degrees offered by a state university. The chief
executive officer of the University Center of North Puget Sound is the
director who reports to the president of Washington State University.
The director shall manage the activities and logistics of operating the
center, make policy and planning recommendations to the council in
subsection (5) of this section, and implement decisions of the council.
(5)(a) Washington State University and Everett Community College
must collaborate with community leaders, and other four-year
institutions of higher education that offer programs at the University
Center of North Puget Sound to serve the varied interests of students
in the region. To this end, a coordinating and planning council must
be established to be responsible for long-range and strategic planning,
interinstitutional collaboration, collaboration with the community
served, and dispute resolution for the center. The following
individuals shall comprise the coordinating and planning council:
(i) The president of Washington State University, or his or her
designee;
(ii) The provost of Washington State University, or his or her
designee;
(iii) The president of Everett Community College;
(iv) Two representatives of two other institutions of higher
education that offer baccalaureate or graduate degree programs at the
center;
(v) A student enrolled at the University Center of North Puget
Sound appointed by the coordinating and planning council;
(vi) The director of the council, as the nonvoting chair;
(vii) A community leader appointed by the president of Everett
Community College; and
(viii) A community leader appointed by the mayor of Everett.
(b) The coordinating and planning council may appoint other groups,
as appropriate, to advise on administration and operations, and may
alter its own composition by agreement of all the members.
(6)(a) Washington State University shall assume leadership of the
center upon completion and approval by the legislature as provided
under (d) of this subsection of a strategic plan for meeting the
academic needs of the region and successful establishment of an
engineering degree program. The strategic plan must build on the
strengths of the institutions, reflecting each institution's mission,
in order to provide the region with the highest standard of educational
programs, research, and service to the community. The strategic plan
must include a multibiennium budget that addresses both operating and
capital expenses required to effectively implement the plan. The
strategic plan shall be developed with the collaboration of the
University Center at Everett Community College and all the institutions
of higher education that provide baccalaureate degrees at the
University Center, and community leaders.
(b) Center partners must implement the strategic plan with careful
attention to the academic and professional standards established and
maintained by each institution and by the appropriate accrediting
bodies, and to the historic role of each institution's governing board
in setting policy.
(c) The strategic plan must address expansion of the range and
depth of educational opportunities in the region and include strategies
that:
(i) Build upon baccalaureate and graduate degree offerings at the
center;
(ii) Meet projected student enrollment demands for baccalaureate,
graduate, and certificate programs in the region;
(iii) Meet employers' needs for skilled workers by expanding high
employer demand programs of study as defined in RCW 28B.50.030, with an
initial and ongoing emphasis by Washington State University on
undergraduate and graduate science, technology, mathematics, and
engineering degree programs, including a variety of engineering
disciplines such as civil, mechanical, aeronautical, and aerospace
manufacturing;
(iv) Coordinate delivery of lower and upper division courses to
maximize student opportunities and resources; and
(v) Transfer budget support and resources for the center from
Everett Community College to Washington State University.
(d) The strategic plan must be completed by December 1, 2012, and
submitted to the legislature for review. The strategic plan shall be
considered approved if the legislature does not take further action on
the strategic plan during the 2013 legislative session. The transfer
of the responsibility for the management and operation of the
University Center of North Puget Sound to Washington State University
must occur by July 1, 2014.
(7)(a) Academic programming and delivery at the center must be
developed in accordance with the missions of Washington State
University, Everett Community College, and other institutions of higher
education that have a presence at the center.
(b) Each institution shall abide by the guidelines for university
centers adopted by the council for higher education ((coordinating
board)).
(c) Each institution shall award all degrees and certificates
granted in the programs it delivers at the center.
(d) The coordinating council described in subsection (5) of this
section shall establish a process for prioritizing new programs and
revising existing programs that facilitates timeliness of new
offerings, recognizes the internal processes of the proposing
institutions, and addresses each proposal's fit with the needs of the
region.
(8)(a) Washington State University shall review center expansion
needs and consider capital facilities funding at least annually.
Washington State University and Everett Community College must
cooperate in preparing funding requests and bond financing for
submission to the legislature on behalf of development at the center,
in accordance with each institution's process and priorities for
advancing legislative requests.
(b) Washington State University shall design, construct, and manage
any facility developed at the center. Any facility developed at the
center with Everett Community College capital funding must be designed
by Everett Community College in consultation with Washington State
University. Building construction may be managed by Washington State
University via an interagency agreement which details responsibility
and associated costs. Building operations and management for all
facilities at the center must be governed by the infrastructure and
operating cost allocation method described in subsection (9) of this
section.
(9) Washington State University has responsibility for
infrastructure development and maintenance for the center. All
infrastructure operating and maintenance costs are to be shared in what
is deemed to be an equitable and fair manner based on space allocation,
special cost, and other relevant considerations. Washington State
University may make infrastructure development and maintenance
decisions in consultation with the council described in subsection (5)
of this section.
(10) In the event that conflict cannot be resolved through the
coordinating council described in subsection (5) of this section the
council for higher education ((coordinating board)) dispute resolution
must be employed.
Sec. 523 RCW 28B.45.014 and 2011 c 208 s 1 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 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
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) ((Subject to approval by the higher education coordinating
board, in accordance with RCW 28B.76.230,)) Research universities are
authorized to develop doctoral degree programs at their branch
campuses.
(7) The council for higher education ((coordinating board)) shall
monitor and evaluate growth of 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. 524 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. 525 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 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.)) Beginning in the fall of 2007, the Washington State
University Tri-Cities branch campus may ((
(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 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)begin, subject to approval by
the 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)) directly admit freshman and
sophomore students.
Sec. 526 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. 527 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 council for higher education
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. 528 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. 529 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 council
for higher education ((coordinating board)) pursuant to RCW 28B.76.230
(as recodified by this act);
(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
higher education coordinating board under RCW 28B.76.230));
(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. 530 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 council for 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 under RCW
28B.76.230 before a college may enroll students in upper division
courses)).
Sec. 531 RCW 28B.50.820 and 2005 c 258 s 12 are each amended to
read as follows:
(1) One strategy to accomplish expansion of baccalaureate capacity
in underserved regions of the state is to allocate state funds for
student enrollment to a community and technical college and authorize
the college to enter into agreements with a regional university or
state college as defined in RCW 28B.10.016 or a branch campus under
chapter 28B.45 RCW, to offer baccalaureate degree programs.
(2) Subject to legislative appropriation for the purpose described
in this section, the college board shall select and allocate funds to
three community or technical colleges for the purpose of entering into
an agreement with one or more regional universities, branch campuses,
or the state college to offer baccalaureate degree programs on the
college campus.
(3) The college board shall select the community or technical
college based on analysis of gaps in service delivery, capacity, and
student and employer demand for programs. Before taking effect, the
agreement under this section must be approved by the council for higher
education ((coordinating board)).
(4) Students enrolled in programs under this section are considered
students of the regional university, branch campus, or state college
for all purposes including tuition and reporting of state-funded
enrollments.
Sec. 532 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 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 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)) the director of the council for higher education,
or the director's designee, 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. 533 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 council for 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
council for 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. 534 RCW 28B.76.250 and 2004 c 55 s 2 are each amended to
read as follows:
(1) The ((higher education coordinating board)) council must
convene work groups to develop transfer associate degrees that will
satisfy lower division requirements at public four-year institutions of
higher education for specific academic majors. Work groups must
include representatives from the state board for community and
technical colleges and the council of presidents, as well as faculty
from two and four-year institutions. Work groups may include
representatives from independent four-year institutions.
(2) Each transfer associate degree developed under this section
must enable a student to complete the lower-division courses or
competencies for general education requirements and preparation for the
major that a direct-entry student would typically complete in the
freshman and sophomore years for that academic major.
(3) Completion of a transfer associate degree does not guarantee a
student admission into an institution of higher education or admission
into a major, minor, or professional program at an institution of
higher education that has competitive admission standards for the
program based on grade point average or other performance criteria.
(4) During the 2004-05 academic year, the work groups must develop
transfer degrees for elementary education, engineering, and nursing.
Each year thereafter, the ((higher education coordinating board))
council must convene additional groups to identify and develop
additional transfer degrees. The ((board)) council must give priority
to majors in high demand by transfer students and majors that the
general direct transfer agreement associate degree does not adequately
prepare students to enter automatically upon transfer.
(5) The ((higher education coordinating board)) council, in
collaboration with the intercollege relations commission, must collect
and maintain lists of courses offered by each community and technical
college and public four-year institution of higher education that fall
within each transfer associate degree.
(6) The ((higher education coordinating board)) council must
monitor implementation of transfer associate degrees by public four-year institutions to ensure compliance with subsection (2) of this
section.
(7) Beginning January 10, 2005, the ((higher education coordinating
board)) council must submit a progress report on the development of
transfer associate degrees to the higher education committees of the
house of representatives and the senate. The first progress report
must include measurable benchmark indicators to monitor the
effectiveness of the initiatives in improving transfer and baseline
data for those indicators before the implementation of the initiatives.
Subsequent reports must be submitted by January 10 of each odd-numbered
year and must monitor progress on the indicators, describe development
of additional transfer associate degrees, and provide other data on
improvements in transfer efficiency.
Sec. 535 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")) "Council" means the council for higher education
((coordinating board)).
(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. 536 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. 537 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. 538 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)) council for the purposes of
this chapter: PROVIDED, That those institutions meet minimum exemption
standards adopted by the ((agency)) council; 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. 539 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. 540 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. 541 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. 542 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)) council 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. 543 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. 544 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. 545 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. 546 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. 547 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. 548 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. 549 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. 550 RCW 28B.92.030 and 2011 1st sp.s. c 11 s 159 are each
amended to read as follows:
As used in this chapter:
(1) "Council" means the council for higher education.
(2) "Disadvantaged student" means a 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.
(((2))) (3) "Financial aid" means loans and/or grants to needy
students enrolled or accepted for enrollment as a student at
institutions of higher education.
(((3))) (4) "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)) council 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)) council 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.
(((4))) (5) "Needy student" means a posthigh school student of an
institution of higher education who demonstrates to the ((board))
office 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))) (6) "Office" means the office of student financial
assistance.
(((6))) (7) "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. 551 RCW 28B.92.060 and 2011 1st sp.s. c 11 s 162 and 2011
1st sp.s. c 10 s 9 are each reenacted and amended to read as follows:
In awarding need grants, the office shall proceed substantially as
follows: PROVIDED, That nothing contained herein shall be construed to
prevent the office, in the exercise of its sound discretion, from
following another procedure when the best interest of the program so
dictates:
(1) The 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. The ((board)) office, in consultation with four-year institutions of higher education, the council for higher
education, and the state board for community and technical colleges,
shall develop award criteria and methods of disbursement based on level
of need, and not solely rely on a first-come, first-served basis.
(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 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 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. 552 RCW 28B.92.070 and 2004 c 275 s 38 are each amended to
read as follows:
Under rules adopted by the ((board)) council, the provisions of RCW
28B.92.060(3) shall not apply to eligible students, as defined in RCW
28B.10.017, and eligible students shall not be required to repay the
unused portions of grants received under the state student financial
aid program.
Sec. 553 RCW 28B.92.082 and 2009 c 215 s 3 are each amended to
read as follows:
(1) To the extent funds are appropriated for this purpose and
within overall appropriations for the state need grant, enhanced need
grants are provided for persons who meet all of the following criteria:
(a) Are needy students as defined in RCW 28B.92.030;
(b) Are placebound students as defined in RCW 28B.92.030; and
(c) Have completed the associate of arts or the associate of
science degree, or its equivalent.
(2) The enhanced need grants established in this section are
provided to this specific group of students in addition to the base
state need grant, as defined by rule of the ((board)) council.
Sec. 554 RCW 28B.97.020 and 2011 1st sp.s. c 11 s 175 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(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 ((board)) council for
higher education.
(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. 555 RCW 28B.102.020 and 2011 1st sp.s. c 11 s 176 are each
reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "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)) council for higher education.
(2) "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.
(3) "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.
(4) "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.
(5) "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.
(6) "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.
(7) "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.
(8) "Office" means the office of student financial assistance.
(9) "Participant" means an eligible student who has received a
conditional scholarship or loan repayment under this chapter.
(10) "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.
(11) "Satisfied" means paid-in-full.
(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. 556 RCW 28B.109.010 and 2011 1st sp.s. c 11 s 195 are each
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Eligible participant" means an international student whose
country of residence has a trade relationship with the state of
Washington.
(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))
council for higher education.
(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)) council for higher education
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. 557 RCW 28B.110.030 and 1989 c 341 s 3 are each amended to
read as follows:
In consultation with institutions of higher education, the council
for 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. 558 RCW 28B.110.040 and 2011 1st sp.s. c 11 s 203 are each
amended to read as follows:
The ((executive)) director of the council for higher education
((coordinating board)), in consultation with the council of presidents
and the state board for community and technical colleges, shall monitor
the compliance by institutions of higher education with this chapter.
(1) The ((board)) council shall establish a timetable and
guidelines for compliance with this chapter.
(2) By November 30, 1990, each institution shall submit to the
((board)) council 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)) council 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. 559 RCW 28B.116.010 and 2011 1st sp.s. c 11 s 214 are each
reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Cost of attendance" means the cost associated with the
attendance of the institution of higher education as determined by the
office of student financial assistance, including but not limited to
tuition, room, board, and books.
(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) "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)).
(4) "Office" means the office of student financial assistance.
Sec. 560 RCW 28B.117.020 and 2011 1st sp.s. c 11 s 220 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
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 ((board)) council 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 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. 561 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. 562 RCW 28B.120.020 and 2011 1st sp.s. c 11 s 235 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)) ten-year statewide 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 shall determine funding priorities for proposals for the
biennium in consultation with 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 office of financial management.
Sec. 563 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. 564 RCW 28B.120.030 and 1999 c 169 s 6 are each amended to
read as follows:
The council for 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. 565 RCW 28B.120.040 and 1999 c 169 s 7 are each amended to
read as follows:
The council for 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. 566 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. 567 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 council for
higher education ((coordinating board)) to regulate degree-granting
private vocational schools with respect to degree and nondegree
programs.
Sec. 568 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 council for higher education ((coordinating
board)).
Sec. 569 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 council for 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 council for higher education
((coordinating board)), 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 council for higher education
((coordinating board)), 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)) 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. 570 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
council for higher 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. 571 RCW 35.104.040 and 2011 c 155 s 1 are each amended to
read as follows:
(1) The council for higher 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 council for higher 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 council for higher education ((coordinating board)) may
adopt any rules necessary to implement this chapter.
(9) The council for higher education ((coordinating board)) must
develop evaluation criteria that enables the local governments to
measure the effectiveness of the program.
Sec. 572 RCW 42.17A.705 and 2011 1st sp.s. c 43 s 109 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 chief information officer of the office of chief information
officer, the director of the state system of community and technical
colleges, the director of commerce, the director of the consolidated
technology services agency, 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 director of enterprise services, 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
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
human resources director, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, 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 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, council for 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, 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. 573 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 council for higher
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.
Sec. 574 RCW 43.19.797 and 2011 1st sp.s. c 43 s 734 are each
amended to read as follows:
(1) State agencies that are purchasing wireless devices or services
must make such purchases through the state master contract, unless the
state agency provides to the office of the chief information officer
evidence that the state agency is securing its wireless devices or
services from another source for a lower cost than through
participation in the state master contract.
(2) For the purposes of this section, "state agency" means any
office, department, board, commission, or other unit of state
government, but does not include a unit of state government headed by
a statewide elected official, an institution of higher education as
defined in RCW 28B.10.016, the council for higher education
((coordinating board)), the state board for community and technical
colleges, or agencies of the legislative or judicial branches of state
government.
Sec. 575 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. 576 RCW 43.41A.100 and 2011 1st sp.s. c 43 s 721 are each
amended to read as follows:
(1) In overseeing the technical aspects of the K-20 network, the
office is not intended to duplicate the statutory responsibilities of
the council for higher education ((coordinating board)), the
superintendent of public instruction, the state librarian, or the
governing boards of the institutions of higher education.
(2) The office may not interfere in any curriculum or legally
offered programming offered over the K-20 network.
(3) The responsibility to review and approve standards and common
specifications for the K-20 network remains the responsibility of the
office under RCW 43.41A.025.
(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 43.41A.025(2)(f), the office
may recommend, but not require, revisions to the superintendent's
telecommunications plans.
Sec. 577 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 four-year institutions of higher education and the council for higher
education ((coordinating board)), and the state board for community and
technical colleges in those reviews that involve two-year institutions
of higher education.
(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. 578 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. 579 RCW 43.215.090 and 2011 c 177 s 2 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 one or more of the areas such as the following: The K-12
system, family day care providers, and child care centers with four of
the seven governor's appointees made as follows:
(i) The head start state collaboration office director or the
director's designee;
(ii) A representative of a head start, early head start,
migrant/seasonal head start, or tribal head start program;
(iii) A representative of a local education agency; and
(iv) A representative of the state agency responsible for programs
under section 619 or part C of the federal individuals with
disabilities education act;
(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 group, 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. 580 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
council for higher education ((coordinating board)), 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
council for higher education ((coordinating board)), 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 council for higher education ((coordinating
board)).
(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. 581 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, the state board for community and technical colleges, and the
council for higher education ((coordinating board)).
Sec. 582 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)) 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.
Sec. 583 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 council for
higher education ((coordinating board)), 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.
Sec. 584 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.
Sec. 601 RCW 28A.175.135 and 2011 c 288 s 3 are each amended to
read as follows:
Subject to funds appropriated for this purpose, funds shall be
allocated as specified in the omnibus appropriations act to support the
PASS program through the following programs:
(1) The opportunity internship program under RCW 28C.18.160 through
28C.18.168;
(2) The jobs for America's graduates program administered through
the office of the superintendent of public instruction;
(3) The building bridges program under RCW 28A.175.025, to be used
to expand programs that have been implemented by building bridges
partnerships and determined by the building bridges work group to be
successful in reducing dropout rates, or to replicate such programs in
new partnerships; and
(4) Individualized student support services provided by a college
scholarship organization with expertise in managing scholarships for
low-income, high potential students and foster care youth under
contract with the ((higher education coordinating board)) office of
student financial assistance, including but not limited to college and
career advising, counseling, tutoring, community mentor programs, and
leadership development.
Sec. 602 RCW 28A.660.050 and 2011 1st sp.s. c 11 s 134 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 office of student
financial assistance. In administering the programs, the 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)) office 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)) office 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 office of student financial assistance
shall adopt rules to define the terms for repayment, including
applicable interest rates, fees, and deferments.
(6) The 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. 603 RCW 28B.12.040 and 2011 1st sp.s. c 11 s 143 are each
amended to read as follows:
The office of student financial assistance shall develop and
administer the state work-study program. The ((board)) office 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 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 office shall define community service placements and
may determine any salary matching requirements for any community
service employers.
Sec. 604 RCW 28B.12.070 and 2011 1st sp.s. c 11 s 147 are each
amended to read as follows:
Each eligible institution shall submit to the office of student
financial assistance an annual report in accordance with such
requirements as are adopted by the ((board)) office.
Sec. 605 RCW 28B.15.012 and 2011 1st sp.s. c 11 s 148 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 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 adopted by the
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)) office of financial assistance 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. 606 RCW 28B.15.762 and 2011 1st sp.s. c 11 s 156 are each
amended to read as follows:
(1) The office may make long-term loans to eligible students at
institutions of higher education from the funds appropriated to the
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 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)) office 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)) office as lender is entitled, which
are paid by or on behalf of borrowers under subsection (1) of this
section, shall be deposited with the 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 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 office shall adopt necessary rules to implement this
section.
Sec. 607 RCW 28B.15.764 and 1985 c 370 s 81 are each amended to
read as follows:
The ((board)) office and institutions of higher education shall
work cooperatively to implement RCW 28B.15.762 and to publicize this
program to eligible students.
Sec. 608 RCW 28B.76.505 and 2011 1st sp.s. c 11 s 107 are each
amended to read as follows:
(1) The investment of funds from all scholarship endowment programs
administered by the 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)) office 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 office.
(7) The 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 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 office on the investment policy, earnings of the
scholarship endowment funds, and related needs of the programs.
Sec. 609 RCW 28B.92.080 and 2009 c 238 s 9 are each amended to
read as follows:
Except for opportunity internship graduates whose eligibility is
provided under RCW 28B.92.084, for a student to be eligible for a state
need grant a student must:
(1) Be a "needy student" or "disadvantaged student" as determined
by the ((board)) office in accordance with RCW 28B.92.030 (((3))) (1)
and (4);
(2) Have been domiciled within the state of Washington for at least
one year;
(3) Be enrolled or accepted for enrollment on at least a half-time
basis at an institution of higher education in Washington as defined in
RCW 28B.92.030(((1))) (3);
(4) Until June 30, 2011, to the extent funds are specifically
appropriated for this purpose, and subject to any terms and conditions
specified in the omnibus appropriations act, be enrolled or accepted
for enrollment for at least three quarter credits or the equivalent
semester credits at an institution of higher education in Washington as
defined in RCW 28B.92.030(((1))) (3); and
(5) Have complied with all the rules adopted by the ((board))
council for the administration of this chapter.
Sec. 610 RCW 28B.95.020 and 2011 1st sp.s. c 11 s 168 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)) office 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) "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 director of the 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.
(4) "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.
(5) "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.
(6) "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.
(7) "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.
(8) "Governing body" means the committee empowered by the
legislature to administer the Washington advanced college tuition
payment program.
(9) "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.
(10) "Investment board" means the state investment board as defined
in chapter 43.33A RCW.
(11) "Office" means the office of student financial assistance as
defined in chapter 28B.76 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. 611 RCW 28B.102.030 and 2011 1st sp.s. c 11 s 177 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
office. In administering the program, the ((board)) office 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. 612 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. 613 RCW 28B.108.020 and 2011 1st sp.s. c 11 s 192 are each
amended to read as follows:
(1) The American Indian endowed scholarship program is created.
The program shall be administered by the office. In administering the
program, the ((board's)) office's powers and duties shall include but
not be limited to:
(((1))) (a) 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;)) (b) Publicizing the program;
(3)
(((4))) (c) Accepting and depositing donations into the endowment
fund created in RCW 28B.108.060;
(((5))) (d) 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))) (e) Soliciting and accepting grants and donations from
public and private sources for the program; and
(((7))) (f) Naming scholarships in honor of those American Indians
from Washington who have acted as role models.
(2) The council for higher education shall adopt necessary rules
and guidelines for the American Indian endowed scholarship program.
Sec. 614 RCW 28B.108.040 and 1990 c 287 s 5 are each amended to
read as follows:
The ((board)) office may award scholarships to eligible students
from moneys earned from the endowment fund created in RCW 28B.108.060,
or 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. 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.
Sec. 615 RCW 28B.116.030 and 2011 1st sp.s. c 11 s 216 are each
amended to read as follows:
(1) The 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)) office for this purpose, from any private
donations, or from any other funds given to the office for the program.
(2) The 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)) office
for this purpose, or from any private donations, or from any other
funds given to the 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 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 office.
(3) Grants under this chapter shall not affect eligibility for the
state student financial aid program.
Sec. 616 RCW 28B.117.030 and 2011 1st sp.s. c 11 s 221 are each
amended to read as follows:
(1) The 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 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)) office, 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 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 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. 701 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)) office of financial management
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. 702 RCW 28A.600.310 and 2011 1st sp.s. c 10 s 10 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)(a) In lieu of tuition and fees, as defined in RCW 28B.15.020
and 28B.15.041:
(i) Running start students shall pay to the community or technical
college all other mandatory fees as established by each community or
technical college and, in addition, the state board for community and
technical colleges may authorize a fee of up to ten percent of tuition
and fees as defined in RCW 28B.15.020 and 28B.15.041; and
(ii) All other institutions of higher education operating a running
start program may charge running start students a fee of up to ten
percent of tuition and fees as defined in RCW 28B.15.020 and 28B.15.041
in addition to technology fees.
(b) The fees charged under this subsection (2) shall be prorated
based on credit load.
(3)(a) 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.
(b) Institutions of higher education, in collaboration with
relevant student associations, shall aim to have students who can
benefit from fee waivers take advantage of these waivers. Institutions
shall make every effort to communicate to students and their families
the benefits of the waivers and provide assistance to students and
their families on how to apply. Information about waivers shall, to
the greatest extent possible, be incorporated into financial aid
counseling, admission information, and individual billing statements.
Institutions also shall, to the greatest extent possible, use all means
of communication, including but not limited to web sites, online
catalogues, admission and registration forms, mass e-mail messaging,
social media, and outside marketing to ensure that information about
waivers is visible, compelling, and reaches the maximum number of
students and families that can benefit.
(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)) participating institutions
of higher education, 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. 703 RCW 28B.15.380 and 2010 c 261 s 4 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 shall exempt the following students from the payment of
all tuition fees and services and activities fees:
(1) Children of any law enforcement officer as defined in chapter
41.26 RCW, firefighter as defined in chapter 41.26 or 41.24 RCW, or
Washington state patrol officer who lost his or her life or became
totally disabled in the line of duty while employed by any public law
enforcement agency or full time or volunteer fire department in this
state: PROVIDED, That such persons may receive the exemption only if
they begin their course of study at a state-supported college or
university within ten years of their graduation from high school; and
(2) Surviving spouses of any law enforcement officer as defined in
chapter 41.26 RCW, firefighter as defined in chapter 41.26 or 41.24
RCW, or Washington state patrol officer who lost his or her life or
became totally disabled in the line of duty while employed by any
public law enforcement agency or full time or volunteer fire department
in this state.
(3) The governing boards of the state universities, the regional
universities, and The Evergreen State College shall report to the
((higher education coordinating board)) education data center on the
annual cost of tuition fees and services and activities fees waived for
surviving spouses and children under this section. The ((higher
education coordinating board)) education data center shall consolidate
the reports of the waived fees and annually report to the appropriate
fiscal and policy committees of the legislature.
Sec. 704 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
governing boards of the respective individual institutions of higher
education ((coordinating board)) and appropriate officials and agencies
in Oregon granting similar waivers for residents of the state of
Washington.
Sec. 705 RCW 28B.15.734 and 1985 c 370 s 71 are each amended to
read as follows:
The ((higher education coordinating board)) governing boards of the
state universities, the regional universities, The Evergreen State
College, and the community and technical colleges 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. 706 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 governing boards of the individual
institutions of higher education ((coordinating board)) and appropriate
officials and agencies in Idaho granting similar waivers for residents
of the state of Washington.
Sec. 707 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
governing boards of the individual institutions of higher education
((coordinating board)) 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. 708 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)) publicly funded research institutions in the state
shall be responsible for implementing the plan ((in conjunction with
the publicly funded research institutions in the state)). 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. 801 RCW 28A.175.130 and 2011 c 288 s 2 are each amended to
read as follows:
(1) The pay for actual student success (PASS) program is created
under this section and RCW 28A.175.135 through 28A.175.160 to invest in
proven dropout prevention and intervention programs as provided in RCW
28A.175.135 and provide a financial award for high schools that
demonstrate improvement in the dropout prevention indicators
established under RCW 28A.175.140. The legislature finds that
increased accumulation of credits and reductions in incidents of
student discipline lead to improved graduation rates.
(2) The office of the superintendent of public instruction, the
workforce training and education coordinating board, the building
bridges working group, the ((higher education coordinating board,)) and
the college scholarship organization under RCW 28A.175.135(4) shall
collaborate to assure that the programs under RCW 28A.175.135 operate
systematically and are expanded to include as many additional students
and schools as possible.
Sec. 802 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. 803 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. 804 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. 805 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, 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. 806 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))). 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 higher education coordinating
board pursuant to RCW 28B.76.230,)) To 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. 807 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))). 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 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 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. 808 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. 809 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. 810 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. 811 RCW 28B.35.120 and 2011 c 336 s 728 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 or
her 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) May 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)) shall 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 higher education coordinating
board pursuant to RCW 28B.76.230,)) May 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. 812 RCW 28B.35.202 and 2011 c 136 s 1 are each amended to
read as follows:
The board of trustees of Eastern Washington University may offer
educational specialist degrees ((subject to review and approval by the
higher education coordinating board)).
Sec. 813 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 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. 814 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 higher education coordinating
board)).
Sec. 815 RCW 28B.40.120 and 2011 c 336 s 734 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 or her
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) May 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)) shall 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 to govern the receipt and
expenditure of the proceeds, rents, profits, and income thereof.
(11) ((Subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230,)) May 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
college.
Sec. 816 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 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. 817 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 higher
education coordinating board)).
Sec. 818 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 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. 819 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. 820 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. 821 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. 822 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. 901 2011 1st sp.s. c 11 s 244 (uncodified) is amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective July 1, 2012:
(1) RCW 28B.76.010 (Board created) and 1985 c 370 s 1;
(2) RCW 28B.76.030 (Purpose) and 2004 c 275 s 1;
(3) RCW 28B.76.040 (Members -- Appointment) and 2002 c 348 s 1, 2002
c 129 s 1, & 1985 c 370 s 10;
(4) 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;
(5) RCW 28B.76.060 (Members -- Vacancies) and 1985 c 370 s 12;
(6) RCW 28B.76.070 (Bylaws -- Meetings) and 1985 c 370 s 13;
(7) 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;
(8) 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;
(9) RCW 28B.76.260 (Statewide system of course equivalency -- Work
group) and 2004 c 55 s 3;
(10) ((RCW 28B.76.280 (Data collection and research -- Privacy
protection) and 2010 1st sp.s. c 7 s 58 & 2004 c 275 s 12;)) RCW 28B.76.330 (Coordination, articulation, and transitions
among systems of education -- Biennial updates to legislature) and 2004
c 275 s 17 & 1994 c 222 s 3; and
(11)
(((12))) (11) RCW 28B.76.530 (Board may develop and administer
demonstration projects) and 1989 c 306 s 2.
NEW SECTION. Sec. 902 The following acts or parts of acts are
each repealed:
(1) RCW 28B.10.682 (Precollege coursework -- Adoption of definitions)
and 1995 c 310 s 2;
(2) RCW 28B.15.732 (Washington/Oregon reciprocity tuition and fee
program -- Reimbursement when greater net revenue loss) and 2011 1st
sp.s. c 11 s 153, 1985 c 370 s 70, & 1979 c 80 s 2;
(3) RCW 28B.15.752 (Washington/Idaho reciprocity tuition and fee
program -- Reimbursement when greater net revenue loss) and 2011 1st
sp.s. c 11 s 154, 1985 c 370 s 74, & 1983 c 166 s 2;
(4) 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;
(5) RCW 28B.20.280 (Masters and doctorate level degrees in
technology authorized -- Review by higher education coordinating board)
and 1985 c 370 s 82 & 1983 1st ex.s. c 72 s 10;
(6) RCW 28B.30.500 (Masters and doctorate level degrees in
technology authorized -- Review by higher education coordinating board)
and 1985 c 370 s 83 & 1983 1st ex.s. c 72 s 12; and
(7) RCW 43.88D.005 (Findings -- Intent) and 2008 c 205 s 1.
NEW SECTION. Sec. 903 Sections 102 through 110 of this act are
each added to chapter
NEW SECTION. Sec. 904 RCW 28B.76.110, 28B.76.210, 28B.76.230,
28B.76.235, 28B.76.240, 28B.76.2401, 28B.76.250, 28B.76.270,
28B.76.280, 28B.76.325, 28B.76.510, and 28B.76.695 are each recodified
as sections in chapter 28B.77 RCW.
NEW SECTION. Sec. 905 RCW 28B.76.310 is recodified as a section
in chapter 43.41 RCW.
NEW SECTION. Sec. 906 RCW 28B.10.125 is decodified.
NEW SECTION. Sec. 907 Sections 560 and 616 of this act expire
June 30, 2013.
NEW SECTION. Sec. 908 Sections 101, 120, 124, 401, 501 through
584, 601 through 616, 701 through 708, 801 through 822, 902, and 904 of
this act take effect July 1, 2012.
NEW SECTION. Sec. 909 Sections 105 and 901 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect immediately.