BILL REQ. #: Z-0355.2
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/05/13. Referred to Committee on Higher Education.
AN ACT Relating to high school equivalency certificates; amending RCW 18.55.040, 28A.150.305, 28A.175.105, 28A.205.040, 28A.305.190, 28B.50.536, 28B.116.010, 28B.117.005, 28B.119.010, 28B.145.010, 28B.145.060, 28C.10.050, 35.21.333, 36.110.140, 41.04.015, 43.215.510, 70.128.120, 72.09.410, 72.09.460, 72.09.670, 74.04.535, 74.08A.250, 74.08A.380, 74.12.035, 74.13.540, and 74.15.230; amending 2011 c 330 s 1 (uncodified); amending 2010 c 20 s 1 (uncodified); and reenacting and amending RCW 28A.205.030, 28C.18.010, and 72.09.015.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 2011 c 330 s 1 (uncodified) is amended to read as follows:
The Washington state legislature has consistently provided national
leadership on safe housing and support to foster youth transitioning
out of foster care. Since 2006, the legislature has addressed the
needs of foster youth aging out of care with medicaid to twenty-one
(2007), foster care to twenty-one (2006), the independent youth housing
program (2007), and Washington's alignment with the federal fostering
connections act (2009). As a result of this national leadership to
provide safe and basic housing to youth aging out of foster care, the
programs have demonstrated the significant cost-benefit to providing
safe housing to our youth exiting foster care.
The United States congress passed the fostering connections to
success and increasing adoptions act of 2008 in order to give states
another financial tool to continue to provide foster care services to
dependent youth who turn eighteen years old while in foster care.
However, substantially declining revenues have resulted in markedly
decreased funds for states to use to meet the federal requirements
necessary to help these youth. Current fiscal realities require that
the scope of programs must be narrowed.
The Washington state legislature intends to serve, within the
resources available, the maximum number of foster youth who are legally
dependent on the state and who reach the age of eighteen while still in
foster care. The legislature intends to provide these youth continued
foster care services to support basic and healthy transition into
adulthood. The legislature recognizes the extremely poor outcomes of
unsupported foster youth aging out of the foster care system and is
committed to ensuring that those foster youth who engage in positive,
age-appropriate activities receive support. It is the intent of the
legislature to fully engage in the fostering connections act by
providing support, including extended court supervision to foster youth
pursuing a high school diploma or ((GED)) high school equivalency
certificate as provided in RCW 28B.50.536 to age twenty-one with the
goal of increasing support to all children up to age twenty-one who are
eligible under the federal fostering connections to success act as
resources become available.
Sec. 2 RCW 18.55.040 and 1996 c 191 s 32 are each amended to read
as follows:
No applicant shall be licensed under this chapter until the
applicant complies with administrative procedures, administrative
requirements, and fees determined by the secretary according to RCW
43.70.250 and 43.70.280. Qualifications must require that the
applicant:
(1) Is eighteen years or more of age;
(2) Has graduated from high school or has received a ((general
equivalency degree)) high school equivalency certificate as provided in
RCW 28B.50.536;
(3) Is of good moral character; and
(4)(a) Had at least ten thousand hours of apprenticeship training
under the direct supervision of a licensed ocularist; or
(b) Successfully completed a prescribed course in ocularist
training programs approved by the secretary; or
(c) Has had at least ten thousand hours of apprenticeship training
under the direct supervision of a practicing ocularist, or has the
equivalent experience as a practicing ocularist, or any combination of
training and supervision, not in the state of Washington; and
(5) Successfully passes an examination conducted or approved by the
secretary.
Sec. 3 RCW 28A.150.305 and 2002 c 291 s 1 are each amended to
read as follows:
(1) The board of directors of school districts may contract with
alternative educational service providers for eligible students.
Alternative educational service providers that the school district may
contract with include, but are not limited to:
(a) Other schools;
(b) Alternative education programs not operated by the school
district;
(c) Education centers;
(d) Skills centers;
(e) The Washington national guard youth challenge program;
(f) Dropout prevention programs; or
(g) Other public or private organizations, excluding sectarian or
religious organizations.
(2) Eligible students include students who are likely to be
expelled or who are enrolled in the school district but have been
suspended, are academically at risk, or who have been subject to
repeated disciplinary actions due to behavioral problems.
(3) If a school district board of directors chooses to initiate
specialized programs for students at risk of expulsion or who are
failing academically by contracting out with alternative educational
service providers identified in subsection (1) of this section, the
school district board of directors and the organization must specify
the specific learning standards that students are expected to achieve.
Placement of the student shall be jointly determined by the school
district, the student's parent or legal guardian, and the alternative
educational service provider.
(4) For the purpose of this section, the superintendent of public
instruction shall adopt rules for reporting and documenting enrollment.
Students may reenter at the grade level appropriate to the student's
ability. Students who are sixteen years of age or older may take ((the
GED)) a test to earn a high school equivalency certificate as provided
in RCW 28B.50.536 in accordance with rules adopted under RCW
28A.305.190.
(5) The board of directors of school districts may require that
students who would otherwise be suspended or expelled attend schools or
programs listed in subsection (1) of this section as a condition of
continued enrollment in the school district.
Sec. 4 2010 c 20 s 1 (uncodified) is amended to read as follows:
(1) In every school district there are older youth who have become
disengaged with the traditional education program of public high
schools. They may have failed multiple classes and are far behind in
accumulating credits to graduate. They do not see a high school
diploma as an achievable goal. They may have dropped out of school
entirely. They are not likely to become reengaged in their education
by the prospect of reenrollment in a traditional or even an alternative
high school.
(2) For many years, school districts, community and technical
colleges, and community-based organizations have created partnerships
to provide appropriate educational programs for these students.
Programs such as career education options and career link have
successfully offered individualized academic instruction, case
management support, and career-oriented skills in an age-appropriate
learning environment to hundreds of disengaged older youth.
Preparation for ((the GED)) a test to earn a high school equivalency
certificate as provided in RCW 28B.50.536 in accordance with rules
adopted under RCW 28A.305.190 is provided but is not the end goal for
students.
(3) However, in recent years, many of these partnerships have
ceased to operate. The laws and rules authorizing school districts to
contract using basic education allocations do not provide sufficient
guidance and instead present barriers. Program providers are forced to
adapt to rules that were not written to address the needs of the
students being served. Questions and concerns about liability,
responsibility, and administrative burden have caused districts
reluctantly to abandon their partnerships, and consequently leave
hundreds of students without a viable alternative for continuing their
public education.
(4) Therefore the legislature intends to provide a statutory
framework to support a statewide dropout reengagement system for older
youth. The framework clarifies and standardizes funding, programs, and
administration by directing the office of the superintendent of public
instruction to develop model contracts and interlocal agreements. It
is the legislature's intent to encourage school districts, community
and technical colleges, and community-based organizations to
participate in this system and provide appropriate instruction and
services to reengage older students and help them make progress toward
a meaningful credential and career skills.
Sec. 5 RCW 28A.175.105 and 2010 c 20 s 3 are each amended to read
as follows:
The definitions in this section apply throughout RCW 28A.175.100
through 28A.175.110 unless the context clearly requires otherwise:
(1) "Dropout reengagement program" means an educational program
that offers at least the following instruction and services:
(a) Academic instruction, including but not limited to ((GED))
preparation to earn a high school equivalency certificate as provided
in RCW 28B.50.536 in accordance with rules adopted under RCW
28A.305.190, academic skills instruction, and college and work
readiness preparation, that generates credits that can be applied to a
high school diploma from the student's school district or from a
community or technical college under RCW 28B.50.535 and has the goal of
enabling the student to obtain the academic and work readiness skills
necessary for employment or postsecondary study. A dropout
reengagement program is not required to offer instruction in only those
subject areas where a student is deficient in accumulated credits.
Academic instruction must be provided by teachers certified by the
Washington professional educator standards board or by instructors
employed by a community or technical college whose required credentials
are established by the college;
(b) Case management, academic and career counseling, and assistance
with accessing services and resources that support at-risk youth and
reduce barriers to educational success; and
(c) If the program provider is a community or technical college,
the opportunity for qualified students to enroll in college courses
that lead to a postsecondary degree or certificate. The college may
not charge an eligible student tuition for such enrollment.
(2) "Eligible student" means a student who:
(a) Is at least sixteen but less than twenty-one years of age at
the beginning of the school year;
(b) Is not accumulating sufficient credits toward a high school
diploma to reasonably complete a high school diploma from a public
school before the age of twenty-one or is recommended for the program
by case managers from the department of social and health services or
the juvenile justice system; and
(c) Is enrolled or enrolls in the school district in which the
student resides, or is enrolled or enrolls in a nonresident school
district under RCW 28A.225.220 through 28A.225.230.
(3) "Full-time equivalent eligible student" means an eligible
student whose enrollment and attendance meet criteria adopted by the
office of the superintendent of public instruction specifically for
dropout reengagement programs. The criteria shall be:
(a) Based on the community or technical college credits generated
by the student if the program provider is a community or technical
college; and
(b) Based on a minimum amount of planned programming or instruction
and minimum attendance by the student rather than hours of seat time if
the program provider is a community-based organization.
Sec. 6 RCW 28A.205.030 and 1993 c 218 s 2 and 1993 c 211 s 3 are
each reenacted and amended to read as follows:
The superintendent of public instruction shall adopt, by rules,
policies and procedures to permit a prior common school dropout to
reenter at the grade level appropriate to such individual's ability:
PROVIDED, That such individual shall be placed with the class he or she
would be in had he or she not dropped out and graduate with that class,
if the student's ability so permits notwithstanding any loss of credits
prior to reentry and if such student earns credits at the normal rate
subsequent to reentry.
Notwithstanding any other provision of law, any certified education
center student sixteen years of age or older, upon completion of an
individual student program, ((shall be)) is eligible to take ((the
general educational development)) a test to earn a high school
equivalency certificate as provided in RCW 28B.50.536 in accordance
with rules adopted under RCW 28A.305.190 as given throughout the state.
Sec. 7 RCW 28A.205.040 and 2006 c 263 s 412 are each amended to
read as follows:
(1)(a) From funds appropriated for that purpose, the superintendent
of public instruction shall pay fees to a certified center on a monthly
basis for each student enrolled in compliance with RCW 28A.205.020.
The superintendent shall set fees by rule.
(b) Revisions in such fees proposed by an education center shall
become effective after thirty days notice unless the superintendent
finds such a revision is unreasonable in which case the revision shall
not take effect. The administration of any ((general education
development)) test to earn a high school equivalency certificate as
provided in RCW 28B.50.536 in accordance with rules adopted under RCW
28A.305.190 shall not be a part of such initial diagnostic procedure.
(c) Reimbursements shall not be made for students who are absent.
(d) No center shall make any charge to any student, or the
student's parent, guardian or custodian, for whom a fee is being
received under the provisions of this section.
(2) Payments shall be made from available funds first to those
centers that have in the judgment of the superintendent demonstrated
superior performance based upon consideration of students' educational
gains taking into account such students' backgrounds, and upon
consideration of cost effectiveness. In considering the cost
effectiveness of nonprofit centers the superintendent shall take into
account not only payments made under this section but also factors such
as tax exemptions, direct and indirect subsidies or any other cost to
taxpayers at any level of government which result from such nonprofit
status.
(3) To be eligible for such payment, every such center, without
prior notice, shall permit a review of its accounting records by
personnel of the state auditor during normal business hours.
(4) If total funds for this purpose approach depletion, the
superintendent shall notify the centers of the date after which further
funds for reimbursement of the centers' services will be exhausted.
Sec. 8 RCW 28A.305.190 and 2010 c 20 s 6 are each amended to read
as follows:
The state board of education shall adopt rules governing the
eligibility of a child sixteen years of age and under nineteen years of
age to take ((the GED)) a test to earn a high school equivalency
certificate as provided in RCW 28B.50.536 if the child provides a
substantial and warranted reason for leaving the regular high school
education program, if the child was home-schooled, or if the child is
an eligible student enrolled in a dropout reengagement program under
RCW 28A.175.100 through 28A.175.110.
Sec. 9 RCW 28B.50.536 and 1993 c 218 s 3 are each amended to read
as follows:
(1) Subject to rules adopted by the state board of education under
RCW 28A.305.190, the state board for community and technical colleges
shall adopt rules governing the eligibility of persons sixteen years of
age and older to take ((the general educational development)) a test to
earn a high school equivalency certificate, rules governing the
administration of the test, and rules governing the issuance of a high
school equivalency certificate ((of educational competence)) to persons
who successfully complete the test.
(2) A high school equivalency certificate is a certificate issued
jointly by the college board and the office of the superintendent of
public instruction that indicates that the holder has attained standard
scores at or above the minimum proficiency level prescribed by the
college board on a high school equivalency test.
(3) High school equivalency certificates ((of educational
competence)) issued under this section shall be issued in such form and
substance as agreed upon by the state board for community and technical
colleges and superintendent of public instruction.
Sec. 10 RCW 28B.116.010 and 2012 c 229 s 568 are each 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)) high school equivalency
certificate as provided in RCW 28B.50.536;
(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 student achievement
council.
(4) "Office" means the office of student financial assistance.
Sec. 11 RCW 28B.117.005 and 2007 c 314 s 1 are each amended to
read as follows:
(1)(a) The legislature finds that in Washington, there are more
than seven thousand three hundred children in foster family or group
care. These children face unique obstacles and burdens as they
transition to adulthood, including lacking continuity in their
elementary and high school educations. As compared to the general
population of students, twice as many foster care youth change schools
at least once during their elementary and secondary school careers, and
three times as many change schools at least three times. Only thirty-four percent of foster care youth graduate from high school within four
years, compared to seventy percent for the general population. Of the
former foster care youth who earn a high school diploma, more than
twenty-eight percent earn a ((GED)) high school equivalency certificate
as provided in RCW 28B.50.536 instead of a traditional high school
diploma. This is almost six times the rate of the general population.
Research indicates that ((GED)) holders of high school equivalency
certificates tend not to be as economically successful as the holders
of traditional high school diplomas. Only twenty percent of former
foster care youth who earn a high school degree enroll in college,
compared to over sixty percent of the population generally. Of the
former foster care youth who do enroll in college, very few go on to
earn a degree. Less than two percent of former foster care youth hold
bachelor's degrees, compared to twenty-eight percent of Washington's
population generally.
(b) Former foster care youth face two critical hurdles to enrolling
in college. The first is a lack of information regarding preparation
for higher education and their options for enrolling in higher
education. The second is finding the financial resources to fund their
education. As a result of the unique hurdles and challenges that face
former foster care youth, a disproportionate number of them are part of
society's large group of marginalized youth and are at increased risk
of continuing the cycle of poverty and violence that frequently plagues
their families.
(c) Former foster care youth suffer from mental health problems at
a rate greater than that of the general population. For example, one
in four former foster care youth report having suffered from
posttraumatic stress disorder within the previous twelve months,
compared to only four percent of the general population. Similarly,
the incidence of major depression among former foster care youth is
twice that of the general population, twenty percent versus ten
percent.
(d) There are other barriers for former foster care youth to
achieving successful adulthood. One-third of former foster care youth
live in households that are at or below the poverty level. This is
three times the rate for the general population. The percentage of
former foster care youth who report being homeless within one year of
leaving foster care varies from over ten percent to almost twenty-five
percent. By comparison, only one percent of the general population
reports having been homeless at sometime during the past year. One in
three former foster care youth lack health insurance, compared to less
than one in five people in the general population. One in six former
foster care youth receive cash public assistance. This is five times
the rate of the general population.
(e) Approximately twenty-five percent of former foster care youth
are incarcerated at sometime after leaving foster care. This is four
times the rate of incarceration for the general population. Of the
former foster care youth who "age out" of foster care, twenty-seven
percent of the males and ten percent of the females are incarcerated
within twelve to eighteen months of leaving foster care.
(f) Female former foster care youth become sexually active more
than seven months earlier than their nonfoster care counterparts, have
more sexual partners, and have a mean age of first pregnancy of almost
two years earlier than their peers who were not in foster care.
(2) The legislature intends to create the passport to college
promise pilot program. The pilot program will initially operate for a
six-year period, and will have two primary components, as follows:
(a) Significantly increasing outreach to foster care youth between
the ages of fourteen and eighteen regarding the higher education
opportunities available to them, how to apply to college, and how to
apply for and obtain financial aid; and
(b) Providing financial aid to former foster care youth to assist
with the costs of their public undergraduate college education.
Sec. 12 RCW 28B.119.010 and 2011 1st sp.s. c 11 s 231 are each
amended to read as follows:
The office of student financial assistance shall design the
Washington promise scholarship program based on the following
parameters:
(1) Scholarships shall be awarded to students graduating from
public and approved private high schools under chapter 28A.195 RCW,
students participating in home-based instruction as provided in chapter
28A.200 RCW, and persons twenty-one years of age or younger receiving
a ((GED certificate)) high school equivalency certificate as provided
in RCW 28B.50.536, who meet both an academic and a financial
eligibility criteria.
(a) Academic eligibility criteria shall be defined as follows:
(i) Beginning with the graduating class of 2002, students
graduating from public and approved private high schools under chapter
28A.195 RCW must be in the top fifteen percent of their graduating
class, as identified by each respective high school at the completion
of the first term of the student's senior year; or
(ii) Students graduating from public high schools, approved private
high schools under chapter 28A.195 RCW, students participating in home-based instruction as provided in chapter 28A.200 RCW, and persons
twenty-one years of age or younger receiving a ((GED certificate)) high
school equivalency certificate as provided in RCW 28B.50.536, must
equal or exceed a cumulative scholastic assessment test I score of
twelve hundred on their first attempt or must equal or exceed a
composite American college test score of twenty-seven on their first
attempt.
(b) To meet the financial eligibility criteria, a student's family
income shall not exceed one hundred thirty-five percent of the state
median family income adjusted for family size, as determined by the
office of student financial assistance for each graduating class.
Students not meeting the eligibility requirements for the first year of
scholarship benefits may reapply for the second year of benefits, but
must still meet the income standard set by the office for the student's
graduating class.
(2) Promise scholarships are not intended to supplant any grant,
scholarship, or tax program related to postsecondary education. If the
office of student financial assistance finds that promise scholarships
supplant or reduce any grant, scholarship, or tax program for
categories of students, then the office shall adjust the financial
eligibility criteria or the amount of scholarship to the level
necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall receive
two consecutive annual awards, the value of each not to exceed the
full-time annual resident tuition rates charged by Washington's
community colleges. The office of student financial assistance shall
award scholarships to as many students as possible from among those
qualifying under this section.
(4) By October 15th of each year, the office of student financial
assistance shall determine the award amount of the scholarships, after
taking into consideration the availability of funds.
(5) The scholarships may only be used for undergraduate coursework
at accredited institutions of higher education in the state of
Washington.
(6) The scholarships may be used for undergraduate coursework at
Oregon institutions of higher education that are part of the border
county higher education opportunity project in RCW 28B.76.685 when
those institutions offer programs not available at accredited
institutions of higher education in Washington state.
(7) The scholarships may be used for college-related expenses,
including but not limited to, tuition, room and board, books, and
materials.
(8) The scholarships may not be awarded to any student who is
pursuing a degree in theology.
(9) The office of student financial assistance may establish
satisfactory progress standards for the continued receipt of the
promise scholarship.
(10) The office of student financial assistance shall establish the
time frame within which the student must use the scholarship.
Sec. 13 RCW 28B.145.010 and 2011 1st sp.s. c 13 s 2 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Board" means the higher education coordinating board or its
successor.
(2) "Eligible education programs" means high employer demand and
other programs of study as determined by the opportunity scholarship
board.
(3) "Eligible expenses" means reasonable expenses associated with
the costs of acquiring an education such as tuition, books, equipment,
fees, room and board, and other expenses as determined by the program
administrator in consultation with the board and the state board for
community and technical colleges.
(4) "Eligible student" means a resident student who received
((their)) his or her high school diploma or ((GED)) high school
equivalency certificate as provided in RCW 28B.50.536 in Washington and
who:
(a)(i) Has been accepted at a four-year institution of higher
education into an eligible education program leading to a baccalaureate
degree; or
(ii) Will attend a two-year institution of higher education and
intends to transfer to an eligible education program at a four-year
institution of higher education;
(b) Declares an intention to obtain a baccalaureate degree; and
(c) Has a family income at or below one hundred twenty-five percent
of the state median family income at the time the student applies for
an opportunity scholarship.
(5) "High employer demand program of study" has the same meaning as
provided in RCW 28B.50.030.
(6) "Participant" means an eligible student who has received a
scholarship under the opportunity scholarship program.
(7) "Program administrator" means a college scholarship
organization that is a private nonprofit corporation registered under
Title 24 RCW and qualified as a tax-exempt entity under section
501(c)(3) of the federal internal revenue code, with expertise in
managing scholarships and college advising.
(8) "Resident student" has the same meaning as provided in RCW
28B.15.012.
Sec. 14 RCW 28B.145.060 and 2011 1st sp.s. c 13 s 7 are each
amended to read as follows:
(1) The opportunity expansion program is established.
(2) The opportunity scholarship board shall select institutions of
higher education to receive opportunity expansion awards. In so doing,
the opportunity scholarship board must:
(a) Solicit, receive, and evaluate proposals from institutions of
higher education that are designed to directly increase the number of
baccalaureate degrees produced in high employer demand and other
programs of study, and that include annual numerical targets for the
number of such degrees, with a strong emphasis on serving students who
received their high school diploma or ((GED)) high school equivalency
certificate as provided in RCW 28B.50.536 in Washington or are adult
Washington residents who are returning to school to gain a
baccalaureate degree;
(b) Develop criteria for evaluating proposals and awarding funds to
the proposals deemed most likely to increase the number of
baccalaureate degrees and degrees produced in high employer demand and
other programs of study;
(c) Give priority to proposals that include a partnership between
public and private partnership entities that leverage additional
private funds;
(d) Give priority to proposals that are innovative, efficient, and
cost-effective, given the nature and cost of the particular program of
study;
(e) Consult and operate in consultation with existing higher
education stakeholders, including but not limited to: Faculty, labor,
student organizations, and relevant higher education agencies; and
(f) Determine which proposals to improve and accelerate the
production of baccalaureate degrees in high employer demand and other
programs of study will receive opportunity expansion awards for the
following state fiscal year, notify the state treasurer, and announce
the awards.
(3) The state treasurer, at the direction of the opportunity
scholarship board, must distribute the funds that have been awarded to
the institutions of higher education from the opportunity expansion
account.
(4) Institutions of higher education receiving awards under this
section may not supplant existing general fund state revenues with
opportunity expansion awards.
(5) Annually, the office of financial management shall report to
the opportunity scholarship board, the governor, and the relevant
committees of the legislature regarding the percentage of Washington
households with incomes in the middle-income bracket or higher. For
purposes of this section, "middle-income bracket" means household
incomes between two hundred and five hundred percent of the 2010
federal poverty level, as determined by the United States department of
health and human services for a family of four, adjusted annually for
inflation.
(6) Annually, the ((higher education coordinating board)) student
achievement council must report to the opportunity scholarship board,
the governor, and the relevant committees of the legislature regarding
the increase in the number of degrees in high employer demand and other
programs of study awarded by institutions of higher education over the
average of the preceding ten academic years.
(7) In its comprehensive plan, the workforce training and education
coordinating board shall include specific strategies to reach the goal
of increasing the percentage of Washington households living in the
middle-income bracket or higher, as calculated by the office of
financial management and developed by the agency or education
institution that will lead the strategy.
Sec. 15 RCW 28C.10.050 and 2007 c 462 s 2 are each amended to
read as follows:
(1) The agency shall adopt by rule minimum standards for entities
operating private vocational schools. The minimum standards shall
include, but not be limited to, requirements to assess whether a
private vocational school is eligible to obtain and maintain a license
in this state.
(2) The requirements adopted by the agency shall, at a minimum,
require a private vocational school to:
(a) Disclose to the agency information about its ownership and
financial position and to demonstrate to the agency that the school is
financially viable and responsible and that it has sufficient financial
resources to fulfill its commitments to students. Financial
disclosures provided to the agency shall not be subject to public
disclosure under chapter 42.56 RCW;
(b) Follow a uniform statewide cancellation and refund policy as
specified by the agency;
(c) Disclose through use of a school catalog, brochure, or other
written material, necessary information to students so that students
may make informed enrollment decisions. The agency shall specify what
information is required;
(d) Use an enrollment contract or agreement that includes: (i) The
school's cancellation and refund policy, (ii) a brief statement that
the school is licensed under this chapter and that inquiries may be
made to the agency, and (iii) other necessary information as determined
by the agency;
(e) Describe accurately and completely in writing to students
before their enrollment prerequisites and requirements for (i)
completing successfully the programs of study in which they are
interested and (ii) qualifying for the fields of employment for which
their education is designed;
(f) Comply with the requirements of RCW 28C.10.084;
(g) Assess the basic skills and relevant aptitudes of each
potential student to determine that a potential student has the basic
skills and relevant aptitudes necessary to complete and benefit from
the program in which the student plans to enroll, including but not
limited to administering a United States department of education-approved English as a second language exam before enrolling students
for whom English is a second language unless the students provide proof
of graduation from a United States high school or proof of completion
of a ((GED)) high school equivalency certificate as provided in RCW
28B.50.536 in English or results of another academic assessment
determined appropriate by the agency. Guidelines for such assessments
shall be developed by the agency, in consultation with the schools;
(h) Discuss with each potential student the potential student's
obligations in signing any enrollment contract and/or incurring any
debt for educational purposes. The discussion shall include the
inadvisability of acquiring an excessive educational debt burden that
will be difficult to repay given employment opportunities and average
starting salaries in the potential student's chosen occupation;
(i) Ensure that any enrollment contract between the private
vocational school and its students has an attachment in a format
provided by the agency. The attachment shall be signed by both the
school and the student. The attachment shall stipulate that the school
has complied with (h) of this subsection and that the student
understands and accepts his or her responsibilities in signing any
enrollment contract or debt application. The attachment shall also
stipulate that the enrollment contract shall not be binding for at
least five days, excluding Sundays and holidays, following signature of
the enrollment contract by both parties; and
(j) Comply with the requirements related to qualifications of
administrators and instructors.
(3) The agency may deny a private vocational school's application
for licensure if the school fails to meet the requirements in this
section.
(4) The agency may determine that a licensed private vocational
school or a particular program of a private vocational school is at
risk of closure or termination if:
(a) There is a pattern or history of substantiated student
complaints filed with the agency pursuant to RCW 28C.10.120; or
(b) The private vocational school fails to meet minimum licensing
requirements and has a pattern or history of failing to meet the
minimum requirements.
(5) If the agency determines that a private vocational school or a
particular program is at risk of closure or termination, the agency
shall require the school to take corrective action.
Sec. 16 RCW 28C.18.010 and 2009 c 151 s 5 are each reenacted and
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this title.
(1) "Adult basic education" means instruction designed to achieve
mastery of skills in reading, writing, oral communication, and
computation at a level sufficient to allow the individual to function
effectively as a parent, worker, and citizen in the United States,
commensurate with that individual's actual ability level, and includes
English as a second language and preparation and testing services for
((the general education development exam)) a high school equivalency
certificate as provided in RCW 28B.50.536.
(2) "Board" means the workforce training and education coordinating
board.
(3) "Director" means the director of the workforce training and
education coordinating board.
(4) "Industry skill panel" means a regional partnership of
business, labor, and education leaders that identifies skill gaps in a
key economic cluster and enables the industry and public partners to
respond to and be proactive in addressing workforce skill needs.
(5) "Training system" means programs and courses of secondary
vocational education, technical college programs and courses, community
college vocational programs and courses, private career school and
college programs and courses, employer-sponsored training, adult basic
education programs and courses, programs and courses funded by the
federal workforce investment act, programs and courses funded by the
federal vocational act, programs and courses funded under the federal
adult education act, publicly funded programs and courses for adult
literacy education, and apprenticeships, and programs and courses
offered by private and public nonprofit organizations that are
representative of communities or significant segments of communities
and provide job training or adult literacy services.
(6) "Vocational education" means organized educational programs
offering a sequence of courses which are directly related to the
preparation or retraining of individuals in paid or unpaid employment
in current or emerging occupations requiring other than a baccalaureate
or advanced degree. Such programs shall include competency-based
applied learning which contributes to an individual's academic
knowledge, higher-order reasoning, and problem-solving skills, work
attitudes, general employability skills, and the occupational-specific
skills necessary for economic independence as a productive and
contributing member of society. Such term also includes applied
technology education.
(7) "Workforce development council" means a local workforce
investment board as established in P.L. 105-220 Sec. 117.
(8) "Workforce skills" means skills developed through applied
learning that strengthen and reinforce an individual's academic
knowledge, critical thinking, problem solving, and work ethic and,
thereby, develop the employability, occupational skills, and management
of home and work responsibilities necessary for economic independence.
Sec. 17 RCW 35.21.333 and 1987 c 339 s 4 are each amended to read
as follows:
(1) A person seeking appointment to the office of chief of police
or marshal, of a city or town, including a code city, with a population
in excess of one thousand, is ineligible unless that person:
(a) Is a citizen of the United States of America;
(b) Has obtained a high school diploma or ((general equivalency
diploma)) high school equivalency certificate as provided in RCW
28B.50.536;
(c) Has not been convicted under the laws of this state, another
state, or the United States of a felony;
(d) Has not been convicted of a gross misdemeanor or any crime
involving moral turpitude within five years of the date of application;
(e) Has received at least a general discharge under honorable
conditions from any branch of the armed services for any military
service if the person was in the military service;
(f) Has completed at least two years of regular, uninterrupted,
full-time commissioned law enforcement employment involving enforcement
responsibilities with a government law enforcement agency; and
(g) The person has been certified as a regular and commissioned
enforcement officer through compliance with this state's basic training
requirement or equivalency.
(2) A person seeking appointment to the office of chief of police
or marshal, of a city or town, including a code city, with a population
of one thousand or less, is ineligible unless that person conforms with
the requirements of subsection (1) (a) through (e) of this section. A
person so appointed as chief of police or marshal must successfully
complete the state's basic training requirement or equivalency within
nine months after such appointment, unless an extension has been
granted by the criminal justice training commission.
(3) A person seeking appointment to the office of chief of police
or marshal shall provide a sworn statement under penalty of perjury to
the appointing authority stating that the person meets the requirements
of this section.
Sec. 18 RCW 36.110.140 and 1993 c 285 s 14 are each amended to
read as follows:
To the extent possible, jail industries programs shall be augmented
by education and training to improve worker literacy and employability
skills. Such education and training may include, but is not limited
to, basic adult education, work towards ((a certificate of educational
competence following successful completion of the general educational
development test)) earning a high school equivalency certificate as
provided in RCW 28B.50.536, vocational and preemployment work maturity
skills training, and apprenticeship classes.
Sec. 19 RCW 41.04.015 and 1971 c 43 s 1 are each amended to read
as follows:
A Washington ((certificate of educational competence)) high school
equivalency certificate as awarded by the Washington state
superintendent of public instruction or ((an official report of
equivalent acceptable scores of the general educational development
test)) a high school equivalency certificate as provided in RCW
28B.50.536 shall be accepted in lieu of a high school diploma by the
state and any local political subdivision when considering applicants
for employment or promotion.
Sec. 20 RCW 43.215.510 and 2006 c 265 s 206 are each amended to
read as follows:
Child care centers adopting the child care career and wage ladder
established pursuant to RCW 43.215.505 shall increase wages for child
care workers who have earned a high school diploma or ((GED
certificate)) high school equivalency certificate as provided in RCW
28B.50.536, gain additional years of experience, or accept increasing
levels of responsibility in providing child care, in accordance with
the child care career and wage ladder. The adoption of a child care
career and wage ladder shall not prohibit the provision of wage
increases based upon merit. The department shall pay wage increments
for child care workers employed by child care centers adopting the
child care career and wage ladder established pursuant to RCW
43.215.505 who earn early childhood education credits or meet relevant
requirements in the state training and registry system, in accordance
with the child care career and wage ladder.
Sec. 21 RCW 70.128.120 and 2012 c 164 s 703 are each amended to
read as follows:
Each adult family home provider, applicant, and each resident
manager shall have the following minimum qualifications, except that
only applicants are required to meet the provisions of subsections (10)
and (11) of this section:
(1) Twenty-one years of age or older;
(2) For those applying after September 1, 2001, to be licensed as
providers, and for resident managers whose employment begins after
September 1, 2001, a United States high school diploma or ((general
educational development (GED) certificate)) high school equivalency
certificate as provided in RCW 28B.50.536 or any English or translated
government documentation of the following:
(a) Successful completion of government-approved public or private
school education in a foreign country that includes an annual average
of one thousand hours of instruction over twelve years or no less than
twelve thousand hours of instruction;
(b) A foreign college, foreign university, or United States
community college two-year diploma;
(c) Admission to, or completion of coursework at, a foreign
university or college for which credit was granted;
(d) Admission to, or completion of coursework at, a United States
college or university for which credits were awarded;
(e) Admission to, or completion of postgraduate coursework at, a
United States college or university for which credits were awarded; or
(f) Successful passage of the United States board examination for
registered nursing, or any professional medical occupation for which
college or university education preparation was required;
(3) Good moral and responsible character and reputation;
(4) Literacy and the ability to communicate in the English
language;
(5) Management and administrative ability to carry out the
requirements of this chapter;
(6) Satisfactory completion of department-approved basic training
and continuing education training as required by RCW 74.39A.074, and in
rules adopted by the department;
(7) Satisfactory completion of department-approved, or equivalent,
special care training before a provider may provide special care
services to a resident;
(8) Not been convicted of any crime that is disqualifying under RCW
43.43.830 or 43.43.842, or department rules adopted under this chapter,
or been found to have abused, neglected, exploited, or abandoned a
minor or vulnerable adult as specified in RCW 74.39A.056(2);
(9) For those applying to be licensed as providers, and for
resident managers whose employment begins after August 24, 2011, at
least one thousand hours in the previous sixty months of successful,
direct caregiving experience obtained after age eighteen to vulnerable
adults in a licensed or contracted setting prior to operating or
managing an adult family home. The applicant or resident manager must
have credible evidence of the successful, direct caregiving experience
or, currently hold one of the following professional licenses:
Physician licensed under chapter 18.71 RCW; osteopathic physician
licensed under chapter 18.57 RCW; osteopathic physician assistant
licensed under chapter 18.57A RCW; physician assistant licensed under
chapter 18.71A RCW; registered nurse, advanced registered nurse
practitioner, or licensed practical nurse licensed under chapter 18.79
RCW;
(10) For applicants, proof of financial solvency, as defined in
rule; and
(11) Applicants must successfully complete an adult family home
administration and business planning class, prior to being granted a
license. The class must be a minimum of forty-eight hours of classroom
time and approved by the department. The department shall promote and
prioritize bilingual capabilities within available resources and when
materials are available for this purpose.
Sec. 22 RCW 72.09.015 and 2011 1st sp.s. c 21 s 38 and 2011 c 282
s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Adult basic education" means education or instruction designed
to achieve general competence of skills in reading, writing, and oral
communication, including English as a second language and preparation
and testing services for obtaining a high school diploma or a ((general
equivalency diploma)) high school equivalency certificate as provided
in RCW 28B.50.536.
(2) "Base level of correctional services" means the minimum level
of field services the department of corrections is required by statute
to provide for the supervision and monitoring of offenders.
(3) "Civil judgment for assault" means a civil judgment for
monetary damages awarded to a correctional officer or department
employee entered by a court of competent jurisdiction against an inmate
that is based on, or arises from, injury to the correctional officer or
department employee caused by the inmate while the correctional officer
or department employee was acting in the course and scope of his or her
employment.
(4) "Community custody" has the same meaning as that provided in
RCW 9.94A.030 and also includes community placement and community
supervision as defined in RCW 9.94B.020.
(5) "Contraband" means any object or communication the secretary
determines shall not be allowed to be: (a) Brought into; (b) possessed
while on the grounds of; or (c) sent from any institution under the
control of the secretary.
(6) "Correctional facility" means a facility or institution
operated directly or by contract by the secretary for the purposes of
incarcerating adults in total or partial confinement, as defined in RCW
9.94A.030.
(7) "County" means a county or combination of counties.
(8) "Department" means the department of corrections.
(9) "Earned early release" means earned release as authorized by
RCW 9.94A.729.
(10) "Evidence-based" means a program or practice that has had
multiple-site random controlled trials across heterogeneous populations
demonstrating that the program or practice is effective in reducing
recidivism for the population.
(11) "Extended family visit" means an authorized visit between an
inmate and a member of his or her immediate family that occurs in a
private visiting unit located at the correctional facility where the
inmate is confined.
(12) "Good conduct" means compliance with department rules and
policies.
(13) "Good performance" means successful completion of a program
required by the department, including an education, work, or other
program.
(14) "Immediate family" means the inmate's children, stepchildren,
grandchildren, great grandchildren, parents, stepparents, grandparents,
great grandparents, siblings, and a person legally married to or in a
state registered domestic partnership with an inmate. "Immediate
family" does not include an inmate adopted by another inmate or the
immediate family of the adopted or adopting inmate.
(15) "Indigent inmate," "indigent," and "indigency" mean an inmate
who has less than a ten-dollar balance of disposable income in his or
her institutional account on the day a request is made to utilize funds
and during the thirty days previous to the request.
(16) "Individual reentry plan" means the plan to prepare an
offender for release into the community. It should be developed
collaboratively between the department and the offender and based on an
assessment of the offender using a standardized and comprehensive tool
to identify the offender's risks and needs. The individual reentry
plan describes actions that should occur to prepare individual
offenders for release from prison or jail, specifies the supervision
and services they will experience in the community, and describes an
offender's eventual discharge to aftercare upon successful completion
of supervision. An individual reentry plan is updated throughout the
period of an offender's incarceration and supervision to be relevant to
the offender's current needs and risks.
(17) "Inmate" means a person committed to the custody of the
department, including but not limited to persons residing in a
correctional institution or facility and persons released from such
facility on furlough, work release, or community custody, and persons
received from another state, state agency, county, or federal
jurisdiction.
(18) "Labor" means the period of time before a birth during which
contractions are of sufficient frequency, intensity, and duration to
bring about effacement and progressive dilation of the cervix.
(19) "Physical restraint" means the use of any bodily force or
physical intervention to control an offender or limit an offender's
freedom of movement in a way that does not involve a mechanical
restraint. Physical restraint does not include momentary periods of
minimal physical restriction by direct person-to-person contact,
without the aid of mechanical restraint, accomplished with limited
force and designed to:
(a) Prevent an offender from completing an act that would result in
potential bodily harm to self or others or damage property;
(b) Remove a disruptive offender who is unwilling to leave the area
voluntarily; or
(c) Guide an offender from one location to another.
(20) "Postpartum recovery" means (a) the entire period a woman or
youth is in the hospital, birthing center, or clinic after giving birth
and (b) an additional time period, if any, a treating physician
determines is necessary for healing after the woman or youth leaves the
hospital, birthing center, or clinic.
(21) "Privilege" means any goods or services, education or work
programs, or earned early release days, the receipt of which are
directly linked to an inmate's (a) good conduct; and (b) good
performance. Privileges do not include any goods or services the
department is required to provide under the state or federal
Constitution or under state or federal law.
(22) "Promising practice" means a practice that presents, based on
preliminary information, potential for becoming a research-based or
consensus-based practice.
(23) "Research-based" means a program or practice that has some
research demonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
(24) "Restraints" means anything used to control the movement of a
person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal
handcuffs, plastic ties, ankle restraints, leather cuffs, other
hospital-type restraints, tasers, or batons.
(25) "Secretary" means the secretary of corrections or his or her
designee.
(26) "Significant expansion" includes any expansion into a new
product line or service to the class I business that results from an
increase in benefits provided by the department, including a decrease
in labor costs, rent, or utility rates (for water, sewer, electricity,
and disposal), an increase in work program space, tax advantages, or
other overhead costs.
(27) "Superintendent" means the superintendent of a correctional
facility under the jurisdiction of the Washington state department of
corrections, or his or her designee.
(28) "Transportation" means the conveying, by any means, of an
incarcerated pregnant woman or youth from the correctional facility to
another location from the moment she leaves the correctional facility
to the time of arrival at the other location, and includes the
escorting of the pregnant incarcerated woman or youth from the
correctional facility to a transport vehicle and from the vehicle to
the other location.
(29) "Unfair competition" means any net competitive advantage that
a business may acquire as a result of a correctional industries
contract, including labor costs, rent, tax advantages, utility rates
(water, sewer, electricity, and disposal), and other overhead costs.
To determine net competitive advantage, the department of corrections
shall review and quantify any expenses unique to operating a for-profit
business inside a prison.
(30) "Vocational training" or "vocational education" means
"vocational education" as defined in RCW 72.62.020.
(31) "Washington business" means an in-state manufacturer or
service provider subject to chapter 82.04 RCW existing on June 10,
2004.
(32) "Work programs" means all classes of correctional industries
jobs authorized under RCW 72.09.100.
Sec. 23 RCW 72.09.410 and 1993 c 338 s 3 are each amended to read
as follows:
The department of corrections shall establish one work ethic camp.
The secretary shall locate the work ethic camp within an already
existing department compound or facility, or in a facility that is
scheduled to come on line within the initial implementation date
outlined in this section. The facility selected for the camp shall
appropriately accommodate the logistical and cost-effective objectives
contained in RCW 72.09.400 through 72.09.420, 9.94A.690, and section 5,
chapter 338, Laws of 1993. The department shall be ready to assign
inmates to the camp one hundred twenty days after July 1, 1993. The
department shall establish the work ethic camp program cycle to last
from one hundred twenty to one hundred eighty days. The department
shall develop all aspects of the work ethic camp program including, but
not limited to, program standards, conduct standards, educational
components including ((general education development test achievement))
preparation for a high school equivalency certificate as described in
RCW 28B.50.536, offender incentives, drug rehabilitation program
parameters, individual and team work goals, techniques for improving
the offender's self-esteem, citizenship skills for successful living in
the community, measures to hold the offender accountable for his or her
behavior, and the successful completion of the work ethic camp program
granted to the offender based on successful attendance, participation,
and performance as defined by the secretary. The work ethic camp shall
be designed and implemented so that offenders are continually engaged
in meaningful activities and unstructured time is kept to a minimum.
In addition, the department is encouraged to explore the integration
and overlay of a military style approach to the work ethic camp.
Sec. 24 RCW 72.09.460 and 2007 c 483 s 402 are each amended to
read as follows:
(1) The legislature intends that all inmates be required to
participate in department-approved education programs, work programs,
or both, unless exempted as specifically provided in this section.
Eligible inmates who refuse to participate in available education or
work programs available at no charge to the inmates shall lose
privileges according to the system established under RCW 72.09.130.
Eligible inmates who are required to contribute financially to an
education or work program and refuse to contribute shall be placed in
another work program. Refusal to contribute shall not result in a loss
of privileges.
(2) The legislature recognizes more inmates may agree to
participate in education and work programs than are available. The
department must make every effort to achieve maximum public benefit by
placing inmates in available and appropriate education and work
programs.
(3)(a) The department shall, to the extent possible and considering
all available funds, prioritize its resources to meet the following
goals for inmates in the order listed:
(i) Achievement of basic academic skills through obtaining a high
school diploma or ((its equivalent)) a high school equivalency
certificate as provided in RCW 28B.50.536;
(ii) Achievement of vocational skills necessary for purposes of
work programs and for an inmate to qualify for work upon release;
(iii) Additional work and education programs necessary for
compliance with an offender's individual reentry plan under RCW
72.09.270 with the exception of postsecondary education degree programs
as provided in RCW 72.09.465; and
(iv) Other appropriate vocational, work, or education programs that
are not necessary for compliance with an offender's individual reentry
plan under RCW 72.09.270 with the exception of postsecondary education
degree programs as provided in RCW 72.09.465.
(b) If programming is provided pursuant to (a)(i) through (iii) of
this subsection, the department shall pay the cost of such programming,
including but not limited to books, materials, supplies, and postage
costs related to correspondence courses.
(c) If programming is provided pursuant to (a)(iv) of this
subsection, inmates shall be required to pay all or a portion of the
costs, including books, fees, and tuition, for participation in any
vocational, work, or education program as provided in department
policies. Department policies shall include a formula for determining
how much an offender shall be required to pay. The formula shall
include steps which correlate to an offender average monthly income or
average available balance in a personal inmate savings account and
which are correlated to a prorated portion or percent of the per credit
fee for tuition, books, or other ancillary costs. The formula shall be
reviewed every two years. A third party may pay directly to the
department all or a portion of costs and tuition for any programming
provided pursuant to (a)(iv) of this subsection on behalf of an inmate.
Such payments shall not be subject to any of the deductions as provided
in this chapter.
(d) The department may accept any and all donations and grants of
money, equipment, supplies, materials, and services from any third
party, including but not limited to nonprofit entities, and may
receive, utilize, and dispose of same to complete the purposes of this
section.
(e) Any funds collected by the department under (c) and (d) of this
subsection and subsections (8) and (9) of this section shall be used
solely for the creation, maintenance, or expansion of inmate
educational and vocational programs.
(4) The department shall provide access to a program of education
to all offenders who are under the age of eighteen and who have not met
high school graduation ((or general equivalency diploma)) requirements
or requirements to earn a high school equivalency certificate as
provided in RCW 28B.50.536 in accordance with chapter 28A.193 RCW. The
program of education established by the department and education
provider under RCW 28A.193.020 for offenders under the age of eighteen
must provide each offender a choice of curriculum that will assist the
inmate in achieving a high school diploma ((or general equivalency
diploma)) or high school equivalency certificate. The program of
education may include but not be limited to basic education,
prevocational training, work ethic skills, conflict resolution
counseling, substance abuse intervention, and anger management
counseling. The curriculum may balance these and other rehabilitation,
work, and training components.
(5)(a) In addition to the policies set forth in this section, the
department shall consider the following factors in establishing
criteria for assessing the inclusion of education and work programs in
an inmate's individual reentry plan and in placing inmates in education
and work programs:
(i) An inmate's release date and custody level. An inmate shall
not be precluded from participating in an education or work program
solely on the basis of his or her release date, except that inmates
with a release date of more than one hundred twenty months in the
future shall not comprise more than ten percent of inmates
participating in a new class I correctional industry not in existence
on June 10, 2004;
(ii) An inmate's education history and basic academic skills;
(iii) An inmate's work history and vocational or work skills;
(iv) An inmate's economic circumstances, including but not limited
to an inmate's family support obligations; and
(v) Where applicable, an inmate's prior performance in department-approved education or work programs;
(b) The department shall establish, and periodically review, inmate
behavior standards and program goals for all education and work
programs. Inmates shall be notified of applicable behavior standards
and program goals prior to placement in an education or work program
and shall be removed from the education or work program if they
consistently fail to meet the standards or goals.
(6) Eligible inmates who refuse to participate in available
education or work programs available at no charge to the inmates shall
lose privileges according to the system established under RCW
72.09.130. Eligible inmates who are required to contribute financially
to an education or work program and refuse to contribute shall be
placed in another work program. Refusal to contribute shall not result
in a loss of privileges.
(7) The department shall establish, by rule, objective medical
standards to determine when an inmate is physically or mentally unable
to participate in available education or work programs. When the
department determines an inmate is permanently unable to participate in
any available education or work program due to a health condition, the
inmate is exempt from the requirement under subsection (1) of this
section. When the department determines an inmate is temporarily
unable to participate in an education or work program due to a medical
condition, the inmate is exempt from the requirement of subsection (1)
of this section for the period of time he or she is temporarily
disabled. The department shall periodically review the medical
condition of all inmates with temporary disabilities to ensure the
earliest possible entry or reentry by inmates into available
programming.
(8) The department shall establish policies requiring an offender
to pay all or a portion of the costs and tuition for any vocational
training or postsecondary education program if the offender previously
abandoned coursework related to education or vocational training
without excuse as defined in rule by the department. Department
policies shall include a formula for determining how much an offender
shall be required to pay. The formula shall include steps which
correlate to an offender average monthly income or average available
balance in a personal inmate savings account and which are correlated
to a prorated portion or percent of the per credit fee for tuition,
books, or other ancillary costs. The formula shall be reviewed every
two years. A third party may pay directly to the department all or a
portion of costs and tuition for any program on behalf of an inmate
under this subsection. Such payments shall not be subject to any of
the deductions as provided in this chapter.
(9) Notwithstanding any other provision in this section, an inmate
sentenced to life without the possibility of release, sentenced to
death under chapter 10.95 RCW, or subject to the provisions of 8 U.S.C.
Sec. 1227:
(a) Shall not be required to participate in education programming
except as may be necessary for the maintenance of discipline and
security;
(b) May receive not more than one postsecondary academic degree in
a program offered by the department or its contracted providers;
(c) May participate in prevocational or vocational training that
may be necessary to participate in a work program;
(d) Shall be subject to the applicable provisions of this chapter
relating to inmate financial responsibility for programming.
Sec. 25 RCW 72.09.670 and 2008 c 276 s 601 are each amended to
read as follows:
(1) The department shall study and establish best practices to
reduce gang involvement and recruitment among incarcerated offenders.
The department shall study and make recommendations regarding the
establishment of:
(a) Intervention programs within the institutions of the department
for offenders who are seeking to opt out of gangs. The intervention
programs shall include, but are not limited to, tattoo removal, anger
management, ((GED)) preparation to obtain a high school equivalency
certificate as described in RCW 28B.50.536, and other interventions;
and
(b) An intervention program to assist gang members with successful
reentry into the community.
(2) The department shall report to the legislature on its findings
and recommendations by January 1, 2009.
Sec. 26 RCW 74.04.535 and 2010 1st sp.s. c 8 s 3 are each amended
to read as follows:
(1) The department, the employment security department, and the
state board for community and technical colleges shall work in
partnership to expand the food stamp employment and training program.
Subject to federal approval, the program shall be expanded to three
additional community colleges or other community-based locations in
2010 and shall expand capacity at participating colleges. To the
greatest extent possible, expansion shall be geographically diverse.
The agencies shall:
(a) Identify and seek out partnerships with community-based
organizations that can provide support services and case management to
participants through performance-based contracts in the food stamp
employment and training program, and do not replace the positions or
work of department employees;
(b) Identify eligible nonfederal matching funds to draw down the
federal match for food stamp employment and training services.
Matching funds may include: Local funds, foundation grants, employer-paid costs, and the state allocation to community and technical
colleges.
(2) Employment and training funds may be allocated for:
Educational programs to develop skills for employability, vocational
education, English as a second language courses, adult basic education,
((GED)) courses to assist persons to obtain a high school equivalency
certificate as described in RCW 28B.50.536, remedial programs, job
readiness training, case management, intake, assessment, evaluation,
and barrier removal and support services such as tuition, books, child
care, transportation, housing, and counseling services.
(3) The department shall annually track and report outcomes
including those achieved through performance-based contracts as
follows: Federal funding received, the number of participants served,
achievement points, the number of participants who enter employment
during or after participation in the food stamp employment and training
program, and the average wage of jobs attained. The report shall be
submitted to the governor and appropriate committees of the legislature
on November 1st of each year, beginning in 2010.
(4) For purposes of this section, "food stamp employment and
training program" refers to a program established and administered
through the employment security department and the department of social
and health services.
Sec. 27 RCW 74.08A.250 and 2011 1st sp.s. c 42 s 8 are each
amended to read as follows:
Unless the context clearly requires otherwise, as used in this
chapter, "work activity" means:
(1) Unsubsidized paid employment in the private or public sector;
(2) Subsidized paid employment in the private or public sector,
including employment through the state or federal work-study program
for a period not to exceed twenty-four months;
(3) Work experience, including:
(a) An internship or practicum, that is paid or unpaid and is
required to complete a course of vocational training or to obtain a
license or certificate in a high-demand occupation, as determined by
the employment security department. No internship or practicum shall
exceed twelve months; or
(b) Work associated with the refurbishing of publicly assisted
housing, if sufficient paid employment is not available;
(4) On-the-job training;
(5) Job search and job readiness assistance;
(6) Community service programs, including a recipient's voluntary
service at a child care or preschool facility licensed under chapter
43.215 RCW or an elementary school in which his or her child is
enrolled;
(7) Vocational educational training, not to exceed twelve months
with respect to any individual;
(8) Job skills training directly related to employment;
(9) Education directly related to employment, in the case of a
recipient who has not received a high school diploma or a ((GED)) high
school equivalency certificate as provided in RCW 28B.50.536;
(10) Satisfactory attendance at secondary school or in a course of
study leading to a ((GED)) high school equivalency certificate as
provided in RCW 28B.50.536, in the case of a recipient who has not
completed secondary school or received such a certificate;
(11) The provision of child care services to an individual who is
participating in a community service program;
(12) Internships, that shall be paid or unpaid work experience
performed by an intern in a business, industry, or government or
nongovernmental agency setting;
(13) Practicums, which include any educational program in which a
student is working under the close supervision of a professional in an
agency, clinic, or other professional practice setting for purposes of
advancing their skills and knowledge;
(14) Services required by the recipient under RCW 74.08.025(3) and
74.08A.010(4) to become employable;
(15) Financial literacy activities designed to be effective in
assisting a recipient in becoming self-sufficient and financially
stable; and
(16) Parent education services or programs that support development
of appropriate parenting skills, life skills, and employment-related
competencies.
Sec. 28 RCW 74.08A.380 and 1997 c 58 s 503 are each amended to
read as follows:
All applicants under the age of eighteen years who are approved for
assistance and, within one hundred eighty days after the date of
federal certification of the Washington temporary assistance for needy
families program, all unmarried minor parents or pregnant minor
applicants shall, as a condition of receiving benefits, actively
progress toward the completion of a high school diploma or a ((GED))
high school equivalency certificate as provided in RCW 28B.50.536.
Sec. 29 RCW 74.12.035 and 1999 c 120 s 2 are each amended to read
as follows:
(1) Children over eighteen years of age and under nineteen years of
age who are full-time students reasonably expected to complete a
program of secondary school, or the equivalent level of vocational or
technical training, before reaching nineteen years of age are eligible
to receive temporary assistance for needy families: PROVIDED HOWEVER,
That if such students do not successfully complete such program before
reaching nineteen years of age, the assistance rendered under this
subsection during such period shall not be a debt due the state.
(2) Children with disabilities who are eighteen years of age and
under twenty-one years of age and who are full-time students whose
education is being provided in accordance with RCW 28A.155.020 are
eligible to receive temporary assistance for needy families benefits.
(3) The department is authorized to grant exceptions to the
eligibility restrictions for children eighteen years of age and under
twenty-one years of age under subsections (1) and (2) of this section
only when it determines by reasonable, objective criteria that such
exceptions are likely to enable the children to complete their high
school education, ((general equivalency diploma)) high school
equivalency certificate as provided in RCW 28B.50.536, or vocational
education.
Sec. 30 RCW 74.13.540 and 2001 c 192 s 2 are each amended to read
as follows:
Independent living services include assistance in achieving basic
educational requirements such as a ((GED)) high school equivalency
certificate as provided in RCW 28B.50.536, enrollment in vocational and
technical training programs offered at the community and vocational
colleges, and obtaining and maintaining employment; and accomplishing
basic life skills such as money management, nutrition, preparing meals,
and cleaning house. A baseline skill level in ability to function
productively and independently shall be determined at entry.
Performance shall be measured and must demonstrate improvement from
involvement in the program. Each recipient shall have a plan for
achieving independent living skills by the time the recipient reaches
age twenty-one. The plan shall be written within the first thirty days
of placement and reviewed every ninety days. A recipient who fails to
consistently adhere to the elements of the plan shall be subject to
reassessment by the professional staff of the program and may be
declared ineligible to receive services.
Sec. 31 RCW 74.15.230 and 1999 c 267 s 13 are each amended to
read as follows:
The secretary shall establish responsible living skills programs
that provide no more than seventy-five beds across the state and may
establish responsible living skills programs by contract, within funds
appropriated by the legislature specifically for this purpose.
Responsible living skills programs shall have the following:
(1) A license issued by the secretary;
(2) A professional with a master's degree in counseling, social
work, or related field and at least one year of experience working with
street youth available to serve residents or a bachelor of arts degree
in social work or a related field and five years of experience working
with street youth. The professional shall provide counseling services
and interface with other relevant resources and systems to prepare the
minor for adult living. Preference shall be given to those
professionals cross-credentialed in mental health and chemical
dependency;
(3) Staff trained in development needs of older adolescents
eligible to participate in responsible living skills programs as
determined by the secretary;
(4) Transitional living services and a therapeutic model of service
delivery that provides necessary program supervision of residents and
at the same time includes a philosophy, program structure, and
treatment planning that emphasizes achievement of competency in
independent living skills. Independent living skills include achieving
basic educational requirements such as a ((GED)) high school
equivalency certificate as provided in RCW 28B.50.536, enrollment in
vocational and technical training programs offered at the community and
vocational colleges, obtaining and maintaining employment;
accomplishing basic life skills such as money management, nutrition,
preparing meals, and cleaning house. A baseline skill level in ability
to function productively and independently shall be determined at
entry. Performance shall be measured and must demonstrate improvement
from involvement in the program. Each resident shall have a plan for
achieving independent living skills by the time the resident leaves the
placement. The plan shall be written within the first thirty days of
placement and reviewed every ninety days. A resident who fails to
consistently adhere to the elements of the plan shall be subject to
reassessment by the professional staff of the program and may be placed
outside the program; and
(5) A data collection system that measures outcomes for the
population served, and enables research and evaluation that can be used
for future program development and service delivery. Data collection
systems must have confidentiality rules and protocols developed by the
secretary.
(6) The department shall not award contracts for the operation of
responsible living skills programs until HOPE center beds are
operational.