AN ACT Relating to higher education; amending RCW 28A.58.824, 28A.58.826, 28A.58.828, 28A.58.830, 28B.04.020, 28B.04.030, 28B.04.040, 28B.04.050, 28B.04.060, 28B.04.070, 28B.04.080, 28B.04.110, 28B.05.030, 28B.05.050, 28B.05.130, 28B.07.030, 28B.07.040, 28B.10.045, 28B.10.052, 28B.10.215, 28B.10.220, 28B.10.650, 28B.10.790, 28B.10.792, 28B.10.802, 28B.10.806, 28B.10.832, 28B.10.840, 28B.15.012, 28B.15.013, 28B.15.015, 28B.15.070, 28B.15.076, 28B.15.100, 28B.15.543, 28B.15.730, 28B.15.732, 28B.15.734, 28B.15.736, 28B.15.750, 28B.15.752, 28B.15.754, 28B.15.756, 28B.15.758, 28B.15.760, 28B.15.762, 28B.15.764, 28B.20.280, 28B.35.100, 28B.30.500, 28B.35.205, 28B.40.206, 28B.65.040, 28B.50.050, 28B.65.050, 28B.65.060, 28B.80.040, 28B.80.060, 28B.80.090, 28B.80.110, 28B.80.120, 28B.80.150, 28B.80.160, 28B.80.170, 28B.80.230, 28B.80.240, 28B.80.250, 28B.80.260, and 28B.80.270; adding a new chapter to Title 28B RCW; adding a new section to chapter 28B.80 RCW; creating new sections; repealing RCW 28B.10.650, 28B.40.240, 28B.40.244, 28B.80.010, 28B.80.020, 28B.80.030, 28B.80.035, 28B.80.200, 28B.80.210, 28B.80.220, 28B.80.280, 28B.80.290, 28B.80.900, 28B.80.910, 43.131.259, and 43.131.260; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds there is a need for strengthened and improved higher education planning, coordination, and policy research in the state of Washington and that there is a further need to separate these functions and responsibilities from the administration and management of student financial aid and other administrative programs. To these ends, it is the intent of the legislature that the state higher education board should plan and coordinate higher education, taking into consideration the programs and resources of both the state institutions of higher education and the private colleges and universities. The purpose of the state higher education financial aid commission should be to administer the state student financial aid programs and such other management programs as may be assigned.

NEW SECTION. Sec. 2. The state higher education board is hereby created.

NEW SECTION. Sec. 3. The board shall have the following powers and duties and perform the following functions:

(1) Conduct comprehensive needs assessments to determine present and future higher education needs in the state of Washington. Such assessments shall include but not be limited to needs for college graduates in the state and in particular geographic areas; the basic and continuing education needs of various age groups, particularly high school graduates seeking further education, business, industrial, and other needs for job entry, retraining, and continuing education; analyses of demographic, social, and economic trends to project current and possible future educational needs; consideration of the changing ethnic composition of the population and the special educational needs arising from such trends; the patterns of movement of high school graduates into the colleges, college attendance rates, drop-out rates from high schools and colleges; the flow of students through the educational system; and such other information and data as may be necessary to provide a substantive assessment of the higher educational needs of the state. The board should consider the needs of residents of all geographic regions, but its initial priorities should be applied to the Seattle, Vancouver-Longview, Spokane, and Tri-Cities areas.

(2) Develop and propose a state higher education enrollment policy to the governor and legislature and present recommendations on budgeted enrollment levels at the beginning of each biennium.

(3) With the assistance of the community colleges, vocational-technical institutes, and the four-year institutions of higher education establish a higher education goal identification process. The goals should be presented to the governor and the legislature for their consideration and the goals shall guide the board's higher education planning process.

(4) Engage in overall planning for higher education in this state. The board's planning process shall culminate in a plan for higher education, or a series of planning recommendations, as the board determines, and the plan or planning recommendations shall address the needs of the state to be served by higher education, contain an assessment of how these needs are being and should be met, define priorities among these needs, and specify the resources necessary to meet them. In its planning, the board shall consider but not be limited to policies concerning higher education admissions, programs and procedures for minority students, tuition and fees, student financial assistance, degree program need, and institutional resource requirements. The board's initial plan or planning recommendations shall be presented to the governor and legislature, and the institutes, colleges, and universities, not later than January 1, 1988. The board shall review the plan or planning recommendations at least once every four years and revise the report accordingly. Upon formal adoption of the plan or planning recommendations by the legislature they shall become official state higher educational policy.

(5) Develop explicit biennial objectives and policy recommendations for the improvement of higher education in this state. These objectives and policy recommendations shall be defined with the assistance of the vocational-technical institutes, the community college system, and the state institutions of higher education and the private colleges and universities. They shall address particular programs and stages consistent with state fiscal planning periods and be presented for legislative and executive consideration and action.

(6) Establish a process leading to the identification of distinctive roles and missions for each of the public institutions of higher education. The board shall include its recommendations on distinctive institutional roles and missions in its plan or planning recommendations.

(7) Coordinate higher education in the state, and in that respect, review and approve or disapprove proposals for new degrees and degree programs, proposals to terminate degrees or degree programs, off-campus centers, and off-campus physical facilities. The board shall adopt rules for the operation of higher education consortia; promote interinstitutional and interstate cooperation and sharing; review four year institutions of higher education, community college, and vocational-technical institute budget requests for conformance with the state higher education plan or planning recommendations and institutional roles and missions; and develop and present a list of state higher education budget priorities to the governor and legislature each biennium.

(8) With the cooperation of the vocational-technical institutes and institutions of higher education, develop and adopt plans for minority participation to be used to monitor the progress and effectiveness of state policies on minority participation in higher education.

(9) Stress advisory and consultative procedures in the development of board reports and recommendations and establish advisory committees facilitating representation of the various institutions of higher education, the public, the faculty, and the students.

(10) At the request of the governor, legislature, or institutions of higher education, and in conjunction with such legislative standing committees on higher education as may be in existence, study and make recommendations regarding any aspect of higher education.

(11) Adopt such rules as may be necessary to carry out its duties under this chapter.

NEW SECTION. Sec. 4. The state higher education board shall consist of nine members who are truly representative of the public, including the minority community, appointed by the governor and confirmed by the senate. Board members shall not be current employees of a state institution of higher education or private college or university in this state or have been so employed within the five years preceding the appointment. The terms of board members shall be six years, except that the terms of the initial members shall be staggered, with three members appointed for six years, three appointed for four years, and three appointed for two years. Terms shall expire on June 30 of the applicable year. Vacancies shall be filled in the same manner as appointments, subject to confirmation of the senate if in session, or, if not in session, at the next session. Members so appointed shall have full authority to act as members before the senate acts on their confirmation.

NEW SECTION. Sec. 5. The members shall select a chair by majority vote and adopt bylaws as necessary. The board shall meet at least six times a year and at such other times as determined by the chair, who shall notify the members within a reasonable time before each meeting. A majority of the members shall constitute a quorum. A simple majority of those present shall constitute a majority for board actions. Members of the board shall be reimbursed for travel expenses incurred in performing the duties of the board in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 6. The board shall hire staff members as necessary to assist it in performing its powers and duties under this chapter which employees shall serve at the pleasure of the board. The board shall appoint an executive director and may delegate to the director such management authority as the board deems appropriate. The board may contract with outside consulting services. The board may seek the assistance, as necessary, of state agencies involved with higher education, including but not limited to the office of financial management, the student financial assistance commission, the state board for community college education, the commission on vocational education, the office of the superintendent of public instruction, the vocational-technical institutes, the state institutions of higher education, and private colleges and universities. These organizations shall fully cooperate with the board in the fulfillment of its duties and responsibilities under this chapter.

NEW SECTION. Sec. 7. The board may accept and expend federal funds and private gifts or grants to carry out its duties.

NEW SECTION. Sec. 8. The state board of higher education shall, in cooperation with the state institutions of higher education and the state board for community college education, establish and maintain a state-wide transfer of credit policy and agreement. The policy and agreement shall, where feasible, include course and program descriptions consistent with state-wide interinstitutional guidelines. The institutions of higher education shall provide support and staff resources as necessary to assist in developing and maintaining this policy and agreement. The state-wide transfer of credit policy and agreement shall be effective beginning with the 1985-86 academic year.

NEW SECTION. Sec. 9. The state-wide transfer of credit policy and agreement shall 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 state-wide transfer of credit policy and agreement shall not require nor encourage the standardization of course content and shall not prescribe course content or the credit value assigned by any institution to the course.

NEW SECTION. Sec. 10. The board is designated as the state commission as provided for in Section 1202 of the education amendments of 1972 (Public Law 92-318), as amended; and shall perform such functions as is necessary to comply with federal directives pertaining to that law.

NEW SECTION. Sec. 11. The board shall administer the following programs: Title IV-B and VI of the Higher Education Act of 1965; Title I of the Higher Education Facilities Act of 1963; and any other federal act pertaining to higher education which is not administered by another state agency.

NEW SECTION. Sec. 12. Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.

"Management employees" mean administrative exempt personnel of the state board of higher education who are specified by the state board of higher education as management.

NEW SECTION. Sec. 13. (1) The state board of higher education shall develop performance evaluation procedures and forms which shall be used for the appraisal of management employees.

(2) The performance evaluation shall measure management employees' performance within at least five performance rating categories.

(3) The board shall adopt rules designed to insure that performance evaluations of management employees do not result in unrealistic concentration in any performance rating category.

NEW SECTION. Sec. 14. Beginning on the effective date of this act, management employees of the board shall be subject to performance evaluation using the procedures developed under section 13 of this act. Such employees may be granted merit increases in salary based on performance as determined by the board for its employees.

NEW SECTION. Sec. 15. A new section is added to chapter 28B.80 RCW to read as follows:

The council for postsecondary education is redesignated the state higher education commission.

NEW SECTION. Sec. 16. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the council for postsecondary education and pertaining to the powers, functions, and duties of the state board of higher education shall be delivered to the custody of the state board of higher education. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the council for postsecondary education in carrying out the powers, functions, and duties transferred to the state board of higher education shall be made available to the state board of higher education. All funds, credits, or other assets held by the council for postsecondary education for the functions transferred to the state board of higher education shall be assigned to the state board of higher education.

Any appropriations made to the council for postsecondary education for carrying out the powers, functions, and duties of the council for postsecondary education transferred to the state board of higher education shall, on the effective date of this act, be transferred and credited to the state board of higher education.

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.

NEW SECTION. Sec. 17. Employees of the council for postsecondary education engaged in performing the powers, functions, and duties transferred to the state board of higher education or the state higher education commission are transferred to the jurisdiction of the state board of higher education or the state higher education commission as appropriate. All employees classified under chapter 28B.16 RCW, the higher education personnel law, are assigned to the state board of higher education or the higher education financial assistance commission 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 higher education personnel.

NEW SECTION. Sec. 18. All rules and all pending business before the council for postsecondary education pertaining to the powers, functions, and duties transferred to the state board of higher education shall be continued and acted upon as applicable. All existing contracts and obligations pertaining to the powers, duties and functions transferred shall remain in full force and shall be performed by the state board of higher education.

NEW SECTION. Sec. 19. The transfer of the powers, duties, functions, and personnel of the council for postsecondary education shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 20. If apportionments of budgeted funds are required because of the transfers directed by sections 16 through 19 of this act, 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.

NEW SECTION. Sec. 21. Nothing contained in sections 16 through 20 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the higher education personnel board as provided by law.

Sec. 22. Section 3, chapter 54, Laws of 1981 and RCW 28A.58.824 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state higher education commission shall have the responsibility for administration of the Washington scholars program. The program will be developed cooperatively with the Washington association of secondary school principals, a voluntary professional association of secondary school principals. The cooperation of other state agencies and private organizations having interest and responsibility in public and private education shall be sought for planning assistance.

Sec. 23. Section 4, chapter 54, Laws of 1981 and RCW 28A.58.826 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state higher education commission shall establish a planning committee to develop criteria for screening and selection of the Washington scholars each year in accordance with RCW 28A.58.822(1). It is the intent that these criteria shall emphasize scholastic achievement but not exclude such criteria as leadership ability and community contribution in final selection procedures. The Washington scholars planning committee shall have members from selected state agencies and private organizations having an interest and responsibility in education, including but not limited to, the state board of education, the office of superintendent of public instruction, the council of presidents, the state board for community college education, and the Washington friends of higher education.

Sec. 24. Section 5, chapter 54, Laws of 1981 and RCW 28A.58.828 are each amended to read as follows:

Each year on or before March 1st, the Washington association of secondary school principals shall submit to the ((~~council for postsecondary education~~)) state higher education commission the names of graduating senior high school students who have been identified and recommended to be outstanding in academic achievement by their school principals based on criteria to be established under RCW 28A.58.826.

Sec. 25. Section 6, chapter 54, Laws of 1981 and RCW 28A.58.830 are each amended to read as follows:

Washington scholars annually shall be selected from among the students so identified. The ((~~council for postsecondary education~~)) state higher education commission shall notify the students so designated, their high school principals, the legislators of their respective districts, and the governor when final selections have been made.

The ((~~council~~)) state higher education commission, in conjunction with the governor's office, shall prepare appropriate certificates to be presented to the Washington scholars recipients. An awards ceremony at an appropriate time and place shall be planned by the council in cooperation with the Washington association of secondary school principals, and with the approval of the governor.

Sec. 26. Section 2, chapter 73, Laws of 1979 as amended by section 1, chapter 15, Laws of 1982 1st ex. sess. and RCW 28B.04.020 are each amended to read as follows:

The legislature finds that homemakers are an unrecognized part of the work force who make an invaluable contribution to the strength, durability, and purpose of our state.

The legislature further finds that there is an increasing number of persons in this state who, having fulfilled a role as homemaker, find themselves "displaced" in their middle years through divorce, death of spouse, disability of spouse, or other loss of family income of a spouse. As a consequence, displaced homemakers are very often left with little or no income; they are ineligible for categorical welfare assistance; they are subject to the highest rate of unemployment of any sector of the work force; they face continuing discrimination in employment because of their age and lack of recent paid work experience; they are ineligible for unemployment insurance because they have been engaged in unpaid labor in the home; they are ineligible for social security benefits because they are too young, and many never qualify because they have been divorced from the family wage earner; they may have lost beneficiaries' rights under employer's pension and health plans through divorce or death of spouse; and they are often unacceptable to private health insurance plans because of their age.

It is the purpose of this chapter to establish guidelines under which the ((~~council for postsecondary education~~)) state board for community college education shall contract to establish multipurpose service centers and programs to provide necessary training opportunities, counseling, and services for displaced homemakers so that they may enjoy the independence and economic security vital to a productive life.

Sec. 27. Section 3, chapter 73, Laws of 1979 and RCW 28B.04.030 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) ((~~"Council"~~)) "Board" means the ((~~council for postsecondary education~~)) state board for community college education.

(2) "Center" means a multipurpose service center for displaced homemakers as described in RCW 28B.04.040.

(3) "Program" means those programs described in RCW 28B.04.050 which provide direct, outreach, and information and training services which serve the needs of displaced homemakers.

(4) "Displaced homemaker" means an individual who:

(a) Has worked in the home for ten or more years providing unsalaried household services for family members on a full-time basis; and

(b) Is not gainfully employed;

(d) Has been dependent on the income of another family member but is no longer supported by that income, or has been dependent on federal assistance but is no longer eligible for that assistance, or is supported as the parent of minor children by public assistance or spousal support but whose children are within two years of reaching their majority.

Sec. 28. Section 4, chapter 73, Laws of 1979 as amended by section 2, chapter 15, Laws of 1982 1st ex. sess. and RCW 28B.04.040 are each amended to read as follows:

(1) The ((~~council~~)) board, in consultation with state and local governmental agencies, community groups, and local and national organizations concerned with displaced homemakers, shall receive applications and may contract with public or private nonprofit organizations to establish multipurpose service centers for displaced homemakers. In determining sites and administering agencies or organizations for the centers, the ((~~council~~)) board shall consider the experience and capabilities of the public or private nonprofit organizations making application to provide services to a center.

(2) Not later than ninety days after ((~~June 7, 1979, the council~~)) the effective date of this 1985 act, the board shall issue rules prescribing the standards to be met by each center in accordance with the policies set forth in this chapter. Continuing funds for the maintenance of each center shall be contingent upon the determination by the ((~~council~~)) board that the center is in compliance with the contractual conditions and with the rules prescribed by the ((~~council~~)) board.

Sec. 29. Section 5, chapter 73, Laws of 1979 as amended by section 3, chapter 15, Laws of 1982 1st ex. sess. and RCW 28B.04.050 are each amended to read as follows:

(1) Each center contracted for under this chapter shall include or provide information and referral to the following services:

(a) Job counseling services which shall:

(i) Be specifically designed for displaced homemakers;

(ii) Counsel displaced homemakers with respect to appropriate job opportunities; and

(iii) Take into account and build upon the skills and experience of a homemaker and emphasize job readiness as well as skill development;

(b) Job training and job placement services which shall:

(i) Emphasize short-term training programs and programs which expand upon homemaking skills and volunteer experience and which lead to gainful employment;

(ii) Develop, through cooperation with state and local government agencies and private employers, model training and placement programs for jobs in the public and private sectors;

(iii) Assist displaced homemakers in gaining admission to existing public and private job training programs and opportunities, including vocational education and apprenticeship training programs; and

(iv) Assist in identifying community needs and creating new jobs in the public and private sectors;

(i) General principles of preventative health care;

(ii) Health care consumer education, particularly in the selection of physicians and health care services, including, but not limited to, health maintenance organizations and health insurance;

(iii) Family health care and nutrition;

(iv) Alcohol and drug abuse; and

(v) Other related health care matters;

(d) Financial management services which provide information and assistance with respect to insurance, taxes, estate and probate problems, mortgages, loans, and other related financial matters;

(e) Educational services, including:

(i) Outreach and information about courses offering credit through secondary or postsecondary education programs, and other re-entry programs, including bilingual programming where appropriate; and

(ii) Information about such other programs as are determined to be of interest and benefit to displaced homemakers by the council;

(f) Legal counseling and referral services; and

(g) Outreach and information services with respect to federal and state employment, education, health, public assistance, and unemployment assistance programs which the ((~~council~~)) board determines would be of interest and benefit to displaced homemakers.

(2) The staff positions of each multipurpose center contracted for in accordance with RCW 28B.04.040, including supervisory, technical, and administrative positions, shall, to the maximum extent possible, be filled by displaced homemakers.

Sec. 30. Section 6, chapter 73, Laws of 1979 as amended by section 4, chapter 15, Laws of 1982 1st ex. sess. and RCW 28B.04.060 are each amended to read as follows:

The ((~~council~~)) board may contract, where appropriate, with public or private nonprofit groups or organizations serving the needs of displaced homemakers for programs designed to:

(1) Provide direct services to displaced homemakers, including job counseling, job training and placement, health counseling, financial management, educational counseling, legal counseling, and referral services as described in RCW 28B.04.050;

(2) Provide state-wide outreach and information services for displaced homemakers; and

(3) Provide training opportunities for persons serving the needs of displaced homemakers, including those persons in areas not directly served by programs and centers established under this chapter.

Sec. 31. Section 7, chapter 73, Laws of 1979 as amended by section 5, chapter 15, Laws of 1982 1st ex. sess. and RCW 28B.04.070 are each amended to read as follows:

The ((~~council~~)) board shall submit to the legislature ((~~an evaluation at the end of the first two years and~~)) a biennial evaluation beginning in January ((~~1984~~)) 1986. The evaluations may include recommendation for future programs as determined by the ((~~council~~)) board.

Sec. 32. Section 8, chapter 73, Laws of 1979 as amended by section 6, chapter 15, Laws of 1982 1st ex. sess. and RCW 28B.04.080 are each amended to read as follows:

(1) The ((~~council~~)) state board for community college education shall consult and cooperate with the department of social and health services; the ((~~state board for community college education~~)) state board of higher education; the superintendent of public instruction; ((~~the commission for vocational education;~~)) the employment security department; the department of labor and industries; sponsoring agencies under the federal comprehensive employment and training act (87 Stat. 839; 29 U.S.C. Sec. 801 et seq.), and any other persons or agencies as the ((~~council~~)) board deems appropriate to facilitate the coordination of centers established under this chapter with existing programs of a similar nature.

(2) Annually on July 1st, each agency listed in subsection (1) of this section shall submit a description of each service or program under its jurisdiction which would support the programs and centers established by this chapter and the funds available for such support.

(3) The ((~~council~~)) board shall serve as a clearinghouse for displaced homemaker information and resources and shall compile and disseminate state-wide information to the centers, related agencies, and interested persons upon request.

Sec. 33. Section 11, chapter 73, Laws of 1979 and RCW 28B.04.110 are each amended to read as follows:

The ((~~council~~)) board may, in carrying out this chapter, accept, use, and dispose of contributions of money, services, and property: PROVIDED, That funds generated within individual centers may be retained and utilized by those centers. All moneys received by the ((~~council~~)) board or any employee thereof pursuant to this section shall be deposited in a depository approved by the state treasurer. Disbursements of such funds shall be on authorization of the ((~~council~~)) board or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control such funds shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditure of such funds.

Sec. 34. Section 3, chapter 188, Laws of 1979 ex. sess. as amended by section 1, chapter 283, Laws of 1981 and RCW 28B.05.030 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter, unless the context clearly indicates to the contrary:

(1) "Educational institution" includes, but is not limited to, an academic, vocational, technical, home study, business, professional, or other school, institution, college, or university, or other organization or person not exempted under RCW 28B.05.040, offering educational credentials, instruction, or services primarily to persons who have completed or terminated their secondary education, or who are beyond the age of compulsory high school attendance, for attainment of educational, professional, or vocational objectives.

(2) "To operate", means to establish, keep, or maintain any facility or location in this state where, from, or through which education is offered or educational credentials are offered or granted, and includes contracting for the performance of any such act.

(3) "To offer" includes, in addition to its usual meanings, to advertise, or publicize. "To offer" shall also mean to solicit or encourage any person, directly or indirectly, to perform the act described.

(4) "To grant" includes to award, issue, sell, confer, bestow, or give.

(5) "Education" or "educational services" includes but is not limited to, any class, course, or program of training, instruction, or study.

(6) "Chief administrative officer" means the person designated by the institution under RCW 28B.05.070.

(7) "Agent" means a person owning an interest in, employed by, or representing for remuneration an educational institution within or without this state, who enrolls or personally attempts to secure the enrollment in such school of a resident of this state, offers to award educational credentials for remuneration on behalf of any such school, or holds himself or herself out to residents of this state as representing an educational institution for any such purpose.

(8) "Educational credentials" means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers, or words which signify or appear to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for any educational program.

(9) "Entity" includes but is not limited to a person, company, firm, society, association, partnership, corporation, and trust.

(10) "Degree granting institution" shall mean an educational institution, which offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree or certificate beyond the secondary level.

(11) "Private vocational school" shall mean an educational institution, the objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations which are not designated as professional or requiring a baccalaureate or higher degree.

(12) "Private nonvocational school" shall mean any educational institution that is not a "degree granting institution" or a "private vocational school."

(13) "Dual purpose institution" shall mean any educational institution which satisfies the definitions of both (a) "degree-granting institution" and (b) "private vocational school" or "private nonvocational school." Either the council for postsecondary education or the commission for vocational education may be selected by the "dual purpose institution" for purposes of complying with the requirements of RCW 28B.05.080, 28B.05.090, 28B.05.100 and 28B.05.110.

(14) "Agency" shall mean the ((~~council for postsecondary education in the case of degree granting institutions and the commission for vocational education in the case of private vocational schools and private nonvocational schools~~)) state board for community college education.

Sec. 35. Section 5, chapter 188, Laws of 1979 ex. sess. and RCW 28B.05.050 are each amended to read as follows:

The ((~~commission for vocational education with respect to private vocational schools, the council for postsecondary education with respect to degree granting institutions,~~)) state board for community college education shall:

(1) Establish more detailed criteria to implement the standards set forth in RCW 28B.05.060;

(2) Maintain a list of educational institutions registered in this state under this chapter, which list shall separately identify dual purpose institutions and be available to the public((~~; upon the registration of a "dual purpose institution" insure that such registration is communicated to the council for postsecondary education and the commission for vocational education~~));

(3) Adopt reasonable rules and regulations in accordance with chapter 34.04 RCW, the administrative procedure act, for enforcing and carrying out the provisions and purposes of this chapter;

(4) Investigate on its own initiative or in response to any complaint filed with it, any person, group, or entity subject to, or reasonably believed by the agency to be subject to, the jurisdiction of this chapter; and in connection therewith, to 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 such investigation;

(5) Coordinate the policies and rules developed under subsections (1) and (3) of this section so as to develop where possible consistent procedures and standards applicable to degree-granting institutions, private vocational school, and dual purpose institutions.

Sec. 36. Section 13, chapter 188, Laws of 1979 ex. sess. as amended by section 3, chapter 283, Laws of 1981 and RCW 28B.05.130 are each amended to read as follows:

The executive director or executive coordinator of the agency may suspend or modify any of the registration or other requirements contained in this chapter in a particular case if the executive director or executive coordinator finds (1) that such suspension or modification will not frustrate the purposes of this chapter and (2) that the educational services to be offered address a substantial, demonstrated need among residents of the state of Washington or that literal application of this chapter works a manifestly unreasonable hardship on the educational institution: PROVIDED, That the chief administrative officer of the institution, after hearing, shall be entitled to appeal the decision of the executive director or executive coordinator to the ((~~commission for vocational education or the council for postsecondary education~~)) state board for community college education.

Sec. 37. Section 3, chapter 169, Laws of 1983 as amended by section 62, chapter 287, Laws of 1984 and RCW 28B.07.030 are each amended to read as follows:

(1) The Washington higher education facilities authority is hereby established as a public body corporate and politic, with perpetual corporate succession, constituting an agency of the state of Washington exercising essential governmental functions. The authority is a "public body" within the meaning of RCW 39.53.010.

(2) The authority shall consist of seven members as follows: The governor, lieutenant governor, ((~~executive coordinator of the state council for postsecondary education~~)) a member of the state board of higher education, and four public members, one of whom shall be the president of a higher education institution at the time of appointment. The public members shall be residents of the state and appointed by the governor, subject to confirmation by the senate, on the basis of their interest or expertise in the provision of higher education and the financing of higher education. The public members of the authority shall serve for terms of four years. The initial terms of the public members shall be staggered in a manner determined by the governor. In the event of a vacancy on the authority due to death, resignation, or removal of one of the public members, and upon the expiration of the term of any public member, the governor shall appoint a successor for a term expiring on the fourth anniversary of the successor's date of the appointment. If any of the state offices are abolished, the resulting vacancy on the authority shall be filled by the state officer who shall succeed substantially to the power and duties of the abolished office. Any public member of the authority may be removed by the governor for misfeasance, malfeasance, wilful neglect of duty, or any other cause after notice and a public hearing, unless such notice and hearing shall be expressly waived in writing.

(3) The governor shall serve as chairperson of the authority. The authority shall elect annually one of its members as secretary. If the governor shall be absent from a meeting of the authority, the secretary shall preside. However, the governor may designate an employee of the governor's office to act on the governor's behalf in all other respects during the absence of the governor at any meeting of the authority. If the designation is in writing and is presented to the person presiding at the meetings of the authority who is included in the designation, the vote of the designee has the same effect as if cast by the governor.

(4) Any person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be the custodian of all books, documents, and papers filed with the authority, the minute book or a journal of the authority, and the authority's official seal, if any. The person may cause copies to be made of all minutes and other records and documents of the authority, and may give certificates to the effect that such copies are true copies. All persons dealing with the authority may rely upon the certificates.

(5) Four members of the authority constitute a quorum. The authority may act on the basis of a motion except when authorizing the issuance and sale of bonds, in which case the authority shall act by resolution. Bond resolutions and other resolutions shall be adopted upon the affirmative vote of four members of the authority, and shall be signed by those members voting yes. Motions shall be adopted upon the affirmative vote of a majority of a quorum of members present at any meeting of the authority. All actions taken by the authority shall take effect immediately without need for publication or other public notice. A vacancy in the membership of the authority does not impair the power of the authority to act under this chapter.

(6) The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for travel expenses as determined by the authority incurred in the discharge of their duties under this chapter.

Sec. 38. Section 4, chapter 169, Laws of 1983 and RCW 28B.07.040 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 34.04 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 postsecondary education~~)) state board of higher education 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. 39. Section 18, chapter 278, Laws of 1984 and RCW 28B.10.045 are each amended to read as follows:

(1) Notwithstanding the provisions of RCW 28B.10.050, the boards of regents or trustees of the state universities, regional universities, and The Evergreen State College shall mutually establish uniform minimum entrance requirements.

The ((~~council for postsecondary education~~)) state board of higher education shall publish and disseminate the entrance requirements to all high schools in this state. Commencing July 1, 1986, and by July 1 annually thereafter, the ((~~council for postsecondary education~~)) state board of higher education shall report to the legislature on the entrance requirements.

(2) The boards of regents or trustees shall ensure that special admission procedures shall be available to applicants who may be unable to meet the requirements in subsection (1) of this section for admission. Such applicants must be able to submit additional evidence of academic capability sufficient to ensure that the applicant will benefit from or contribute to the institutions' undergraduate program: PROVIDED, That such special admission procedures shall not be interpreted as guaranteeing admittance to the institutions. The special admission of students into educational opportunity programs shall be included in this special admission procedure.

Sec. 40. Section 20, chapter 278, Laws of 1984 and RCW 28B.10.052 are each amended to read as follows:

The boards of regents or trustees of the state universities, regional universities, and The Evergreen State College, in consultation with the ((~~council for postsecondary education~~)) state board of higher education, shall mutually set uniform academic transfer policies for students who complete Washington state community college associate degrees.

Sec. 41. Section 28B.10.215, chapter 223, Laws of 1969 ex. sess. as last amended by section 6, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.10.215 are each amended to read as follows:

There is allocated to each and every blind student attending any institution of higher education within the state a sum not to exceed two hundred dollars per quarter, or so much thereof as may be necessary in the opinion of the ((~~council for postsecondary education~~)) state higher education commission in the state of Washington, to provide said blind student with readers, books, recordings, recorders, or other means of reproducing and imparting ideas, while attending said institution of higher education: PROVIDED, That said allocation shall be made out of any moneys in the general fund not otherwise appropriated.

Sec. 42. Section 28B.10.220, chapter 223, Laws of 1969 ex. sess. as last amended by section 7, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.10.220 are each amended to read as follows:

All blind student assistance shall be distributed under the supervision of the ((~~council for postsecondary education~~)) state higher education commission in the state of Washington. The moneys or any part thereof allocated in the manner referred to in RCW 28B.10.215 shall, for furnishing said books or equipment or supplying said services, be paid by said ((~~council~~)) commission directly to the state institution of higher education, directly to such blind student, heretofore mentioned, or to his parents, guardian, or some adult person, if the blind student is a minor, designated by said blind student to act as trustee of said funds, as shall be determined by the ((~~council~~)) commission.

The ((~~council~~)) commission shall have power to prescribe and enforce all rules and regulations necessary to carry out the provisions of this section and RCW 28B.10.215.

Sec. 43. Section 3, chapter 14, Laws of 1979 as last amended by section 1, chapter 113, Laws of 1981 and RCW 28B.10.650 are each amended to read as follows:

It is the intent of the legislature that when the state and regional universities, The Evergreen State College, and community colleges grant professional leaves to faculty and exempt staff, such leaves be for the purpose of providing opportunities for study, research, and creative activities for the enhancement of the institution's instructional and research programs.

The boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College and the board of trustees of each community college district may grant remunerated professional leaves to faculty members and exempt staff, as defined in RCW 28B.16.040, in accordance with regulations adopted by the respective governing boards for periods not to exceed twelve consecutive months in accordance with the following provisions:

(1) The remuneration from state general funds and general local funds for any such leave granted for any academic year shall not exceed the average of the highest quartile of a rank order of salaries of all full time teaching faculty holding academic year contracts or appointments at the institution or in the district.

(2) Remunerated professional leaves for a period of more or less than an academic year shall be compensated at rates not to exceed a proportional amount of the average salary as otherwise calculated for the purposes of subsection (1) hereof.

(3) The grant of any such professional leave shall be contingent upon a signed contractual agreement between the respective governing board and the recipient providing that the recipient shall return to the granting institution or district following his or her completion of such leave and serve in a professional status for a period commensurate with the amount of leave so granted. Failure to comply with the provisions of such signed agreement shall constitute an obligation of the recipient to repay to the institution any remuneration received from the institution during the leave.

(4) The aggregate cost of remunerated professional leaves awarded at the institution or district during any year, including the cost of replacement personnel, shall not exceed the cost of salaries which otherwise would have been paid to personnel on leaves: PROVIDED, That for community college districts the aggregate cost shall not exceed one hundred fifty percent of the cost of salaries which would have otherwise been paid to personnel on leaves: PROVIDED FURTHER, That this subsection shall not apply to any community college district with fewer than seventy-five full time faculty members and granting fewer than three individuals such leaves in any given year.

(5) The average number of annual remunerated professional leaves awarded at any such institution or district shall not exceed four percent of the total number of full time equivalent faculty, as defined by the office of financial management, who are engaged in instruction, and exempt staff as defined in RCW 28B.16.040.

(6) Negotiated agreements made in accordance with chapter 28B.52 RCW and entered into after July 1, 1977, shall be in conformance with the provisions of this section.

(7) The respective institutions and districts shall maintain such information which will ensure compliance with the provisions of this section. ((~~The council for postsecondary education~~)) State higher education board shall periodically request such information as to ensure institutions are in compliance.

Sec. 44. Section 1, chapter 13, Laws of 1980 and RCW 28B.10.790 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 RCW 28B.10.800 through 28B.10.824 if (1) they qualify as a "needy student" under RCW 28B.10.802(3), and (2) the institution attended is a member institution of an accrediting association recognized by rule of the ((~~council~~)) state higher education commission 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.10.822.

Sec. 45. Section 2, chapter 13, Laws of 1980 and RCW 28B.10.792 are each amended to read as follows:

The ((~~council~~)) state higher education commission shall develop guidelines for determining the conditions under which an institution can be determined to be directly affected by a reciprocity agreement for the purposes of RCW 28B.10.790: PROVIDED, That no institution shall be determined to be directly affected unless students from the county in which the institution is located are provided, pursuant to a reciprocity agreement, access to Washington institutions at resident tuition and fee rates to the extent authorized by Washington law.

Sec. 46. Section 8, chapter 222, Laws of 1969 ex. sess. as last amended by section 1, chapter 235, Laws of 1979 ex. sess. and RCW 28B.10.802 are each amended to read as follows:

As used in RCW 28B.10.800 through 28B.10.824:

(1) "Institutions of higher education" shall mean (1) any public university, college, community college, or vocational-technical institute operated by the state of Washington or any political subdivision thereof or (2) 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 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: 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.10.822.

(2) The term "financial aid" shall mean loans and/or grants to needy students enrolled or accepted for enrollment as a full time student at institutions of higher education.

(3) The term "needy student" shall mean a post high school student of an institution of higher learning as defined in subsection (1) above who demonstrates to the ((~~council~~)) state higher education commission the financial inability, either through his parents, family and/or personally, to meet the total cost of board, room, books, and tuition and incidental fees for any semester or quarter.

(4) The term "disadvantaged student" shall mean a post high 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 learning, who would otherwise qualify as a needy student, and who is attending an institution of higher learning under an established program designed to qualify him for enrollment as a full time student.

(5) "Commission" ((~~or "council"~~)) shall mean the ((~~council for postsecondary education created in RCW 28B.80.010 as now or hereafter amended~~)) state higher education commission.

Sec. 47. Section 11, chapter 222, Laws of 1969 ex. sess. and RCW 28B.10.806 are each amended to read as follows:

The commission shall have the following powers and duties:

(1) Conduct a full analysis of student financial aid as a means of:

(a) Fulfilling educational aspirations of students of the state of Washington, and

(b) Improving the general, social, cultural, and economic character of the state.

Such an analysis will be a continuous one and will yield current information relevant to needed improvements in the state program of student financial aid. The commission will disseminate the information yielded by their analyses to all appropriate individuals and agents.

(i) all programs and sources of available student financial aid,

(ii) distribution of Washington citizens by socio-economic class,

(iii) data from federal and state studies useful in identifying:

(A) demands of students for specific educational goals in colleges, and

(B) the discrepancy between high school students' preferences and the colleges they actually selected.

(2) Design a state program of student financial aid based on the data of the study referred to in this section. The state program will supplement available federal and local aid programs. The state program of student financial aid will not exceed the difference between the budgetary costs of attending an institution of higher learning and the student's total resources, including family support, personal savings, employment, and federal and local aid programs.

(3) Work with institutional financial aid offices to seek improved ways of delivering clear, timely, and understandable student financial aid information, including the state work study program, to students and their parents at the secondary school level, with particular efforts directed to minority and disadvantaged students, and to students beyond the secondary level who may be returning to school, displaced homemakers, or members of other disadvantaged or high need groups.

(4) Determine and establish criteria for financial need of the individual applicant based upon the consideration of that particular applicant. In making this determination the commission shall consider the following:

(a) Assets and income of the student.

(b) Assets and income of the parents, or the individuals legally responsible for the care and maintenance of the student.

(d) Any other criteria deemed relevant to the commission.

((~~(4)~~)) (5) Set the amount of financial aid to be awarded to any individual needy or disadvantaged student in any school year.

((~~(5)~~)) (6) Award financial aid to full time needy or disadvantaged students for a school year based upon only that amount necessary to fill the financial gap between the budgetary cost of attending an institution of higher education and the family and student contribution.

((~~(6)~~)) (7) Review the need and eligibility of all applications on an annual basis and adjust financial aid to reflect changes in the financial need of the recipients and the cost of attending the institution of higher education.

Sec. 48. Section 2, chapter 56, Laws of 1971 ex. sess. and RCW 28B.10.832 are each amended to read as follows:

The ((~~council on higher education~~)) commission, in addition to its other duties as prescribed in chapter 28B.80 RCW is hereby directed to develop and administer a state plan to provide a tuition supplement program to undergraduate resident students attending an accredited independent or private institution of higher education within the state of Washington.

Sec. 49. Section 1, chapter 23, Laws of 1972 ex. sess. as amended by section 17, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.10.840 are each amended to read as follows:

The term "institution of higher education" whenever used in RCW 28B.10.840 through 28B.10.844, shall be held and construed to mean any public institution of higher education in Washington. The term "educational board" whenever used in RCW 28B.10.840 through 28B.10.844, shall be held and construed to mean the state board for community college education and the ((~~council on [for] postsecondary education~~)) state higher education commission.

Sec. 50. Section 2, chapter 273, Laws of 1971 ex. sess. as last amended by section 1, chapter 285, Laws of 1983 and RCW 28B.15.012 are each amended to read as follows:

Whenever used in chapter 28B.15 RCW:

(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 he 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 his 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; or (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: 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 he has in fact established a bona fide domicile in this state primarily for purposes other than educational.

(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.011 through 28B.15.014 and 28B.15.015, each as now or hereafter amended. 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 resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service and who does not also meet and comply with all the applicable requirements in RCW 28B.15.011 through 28B.15.014 and 28B.15.015, each as now or hereafter amended.

(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain, and to which he expects to return when he leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the ((~~council for postsecondary education~~)) state higher education commission and shall include, but not be limited to, the state and federal income tax returns of the person and/or his parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the ((~~council~~)) commission may require.

(6) The terms "he" or "his" shall apply to the female as well as the male sex unless the context clearly requires otherwise.

Sec. 51. Section 3, chapter 273, Laws of 1971 ex. sess. as last amended by section 2, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.013 are each amended to read as follows:

(1) The establishment of a new domicile in the state of Washington by a person formerly domiciled in another state has occurred if such person is physically present in Washington primarily for purposes other than educational and can show satisfactory proof that such person is without a present intention to return to such other state or to acquire a domicile at some other place outside of Washington.

(2) Unless proven to the contrary it shall be presumed that:

(a) The domicile of any person shall be determined according to the individual's situation and circumstances rather than by marital status or sex.

(b) A person does not lose a domicile in the state of Washington by reason of residency in any state or country while a member of the civil or military service of this state or of the United States, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas if that person returns to the state of Washington within one year of discharge from said service with the intent to be domiciled in the state of Washington; any resident dependent student who remains in this state when such student's parents, having theretofore been domiciled in this state for a period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution, remove from this state, shall be entitled to continued classification as a resident student so long as such student's attendance (except summer sessions) at an institution in this state is continuous.

(3) To aid the institution in deciding whether a student, parent, legally appointed guardian or the person having legal custody of a student is domiciled in the state of Washington primarily for purposes other than educational, the rules and regulations adopted by the ((~~council for postsecondary education~~)) state higher education commission shall include but not be limited to the following:

(a) Registration or payment of Washington taxes or fees on a motor vehicle, mobile home, travel trailer, boat, or any other item of personal property owned or used by the person for which state registration or the payment of a state tax or fee is required will be a factor in considering evidence of the establishment of a Washington domicile.

(b) Permanent full time employment in Washington by a person will be a factor in considering the establishment of a Washington domicile.

(c) Registration to vote for state officials in Washington will be a factor in considering the establishment of a Washington domicile.

(4) After a student has registered at an institution such student's classification shall remain unchanged in the absence of satisfactory evidence to the contrary. A student wishing to apply for a change in classification shall reduce such evidence to writing and file it with the institution. In any case involving an application for a change from nonresident to resident status, the burden of proof shall rest with the applicant. Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence maintained in the files of the institution and, if approved, shall take effect the semester or quarter such evidence was filed with the institution: PROVIDED, That applications for a change in classification shall be accepted up to the thirtieth calendar day following the first day of instruction of the quarter or semester for which application is made. Any determination of classification shall be considered a ruling on a contested case subject to court review only under procedures prescribed by chapter 28B.19 RCW.

Sec. 52. Section 4, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.015 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state higher education commission, upon consideration of advice from representatives of the state's institutions with the advice of the attorney general, shall adopt rules and regulations to be used by the state's institutions for determining a student's resident and nonresident status and for recovery of fees for improper classification of residency.

Sec. 53. Section 7, chapter 322, Laws of 1977 ex. sess. as last amended by section 16, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.070 are each amended to read as follows:

The house and senate higher education committees shall develop, in cooperation with the ((~~council for postsecondary education~~)) state board of higher education and the respective fiscal committees of the house and senate, the office of financial management and the state institutions of higher education no later than December ((~~1981, and at each two year interval thereafter~~)) of each odd-numbered year, definitions, criteria and procedures for determining the undergraduate and graduate educational costs for the state universities, regional universities and community colleges upon which general tuition and operating fees will be based. In the event that no action is taken or disagreement exists between the committees as of that date, the recommendations of the ((~~council~~)) board shall be deemed to be approved.

Sec. 54. Section 4, chapter 257, Laws of 1981 as amended by section 17, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.076 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state board of higher education shall determine and transmit amounts constituting approved undergraduate and graduate educational costs to the several boards of regents and trustees of the state institutions of higher education by November 10 of each even-numbered year. General tuition fees and operating fees shall be based on such costs in accordance with the provisions of this chapter.

Sec. 55. Section 28B.15.100, chapter 223, Laws of 1969 ex. sess. as last amended by section 11, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.100 are each amended to read as follows:

(1) The board of regents or board of trustees at each of the state's regional and state universities and at The Evergreen State College shall charge to and collect from each of the students registering at the particular institution for any quarter or semester such general tuition fees, operating fees, services and activities fees, and other fees as such board shall in its discretion determine, the total of all such fees, the general tuition fee, operating fee, and services and activities fee, to be rounded-out to the nearest whole dollar amount: PROVIDED, That such general tuition fees and operating fees for other than summer session quarters or semesters shall be in the amounts for the respective institutions as otherwise set forth in this chapter, as now or hereafter amended: PROVIDED FURTHER, That the fees charged by boards of trustees of community college districts shall be in the amounts for the respective institutions as otherwise set forth in this chapter, as now or hereafter amended.

(2) Part time students shall be charged general tuition, operating, and services and activities fees proportionate to full time student rates established for residents and nonresidents: PROVIDED, That students registered for fewer than two credit hours shall be charged general tuition, operating, and services and activities fees at the rate established for two credit hours: PROVIDED FURTHER,That residents of Idaho or Oregon who are enrolled in community college district number twenty for six or fewer credits during any quarter or semester may be allowed to enroll at resident tuition and fee rates upon a declaration by the ((~~council for postsecondary education~~)) state higher education commission that it finds Washington residents from such community college district are afforded substantially equivalent treatment by such other states ((or that, until June 30, 1983, it is in the interest of the residents of such community college district to authorize the exchange of educational opportunities between Washington and other such states on a resident tuition and fee basis)).

(3) Full-time students registered for more than eighteen credit hours shall be charged an additional operating fee for each credit hour in excess of eighteen hours at the established per credit hour general tuition and operating fee rate applicable to part-time students in the respective institutional tuition and fee rate categories set forth in this chapter: PROVIDED, That the boards of regents of the University of Washington and Washington State University may exempt students who are registered exclusively in first professional programs in medicine, dental medicine, veterinary medicine and law: PROVIDED FURTHER, That the state board for community college education may exempt students who are registered exclusively in required courses in vocational preparatory programs from the additional charge.

Sec. 56. Section 17, chapter 278, Laws of 1984 and RCW 28B.15.543 are each amended to read as follows:

(1) The boards of regents and trustees of the regional universities, state universities, and The Evergreen State College shall waive tuition, operating, and service and activities fees for two years for recipients of the Washington scholars award under RCW 28A.58.820 through 28A.58.832. To qualify for the waiver, recipients shall enter the college or university within three years of high school graduation and maintain a minimum grade point average at the college or university equivalent to 3.50.

(2) The ((~~council for postsecondary education~~)) state higher education commission shall report to the legislature on or before January 15, 1986, on the tuition waivers for the Washington scholars program. The report shall include an evaluation and recommendations on the effect of extending the waivers for a period of four years.

Sec. 57. Section 1, chapter 80, Laws of 1979 as amended by section 1, chapter 104, Laws of 1983 and RCW 28B.15.730 are each amended to read as follows:

(1) The state board for community college education and the boards of trustees for community college districts thirteen, fourteen, sixteen, nineteen, and twenty, for Lower Columbia, Clark, Yakima Valley, Columbia Basin, and Walla Walla community colleges, respectively, and the board of trustees for The Evergreen State College, for any program it offers in Vancouver, shall waive the payment of nonresident tuition and fees by residents of Oregon, upon completion of an agreement between the ((~~council for postsecondary education~~)) state higher education commission and appropriate officials and agencies in Oregon granting similar waivers for residents of Cowlitz, Clark, Wahkiakum, Skamania, and Klickitat counties, Washington, who qualify for junior or senior standing to attend Portland State University at the undergraduate level.

(2) The state board for community college education and the boards of trustees of the state's community colleges, The Evergreen State College, and the regional universities and the boards of regents of the University of Washington and Washington State University shall waive the payment of nonresident tuition and fees by residents of Oregon, upon completion of and to the extent permitted by an agreement between the ((~~council for postsecondary education~~)) state higher education commission and appropriate officials and agencies in Oregon granting similar waivers for residents of the state of Washington.

Sec. 58. Section 2, chapter 80, Laws of 1979 and RCW 28B.15.732 are each amended to read as follows:

Prior to January 1, of each odd-numbered year the ((~~council for postsecondary education~~)) state higher education commission, in cooperation with the state board for community college education, and in consultation with appropriate agencies and officials in the state of Oregon, shall determine for the purposes of RCW 28B.15.730 the number of students for whom nonresident tuition and fees have been waived for the first academic year of the biennium and the fall term of the second academic year, and make an estimate of the number of such students for the remainder of the second academic year, and the difference between the aggregate amount of tuition and fees that would have been paid to the respective states by residents of the other state had such waivers not been made, and the aggregate amount of tuition and fees paid by residents of the other state. Should the ((~~council~~)) commission determine that the state of Oregon has experienced a greater net tuition and fee revenue loss than institutions in Washington, it shall pay from funds appropriated for this purpose to the appropriate agency or institutions in Oregon an amount determined by subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue loss of Oregon, minus twenty-five thousand dollars for each year of the biennium: PROVIDED, That appropriate officials in the state of Oregon agree to make similar restitution to the state of Washington should the net tuition and fee revenue loss in Washington be greater than that in Oregon.

Sec. 59. Section 3, chapter 80, Laws of 1979 and RCW 28B.15.734 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state higher education commission 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. 60. Section 4, chapter 80, Laws of 1979 as amended by section 2, chapter 104, Laws of 1983 and RCW 28B.15.736 are each amended to read as follows:

By January 10 of each odd-numbered year, the ((~~council for postsecondary education~~)) state higher education commission shall review the costs and benefits of this program and shall transmit copies ((~~or [of]~~)) of their review to the governor and the appropriate policy and fiscal committees of the legislature.

Sec. 61. Section 1, chapter 166, Laws of 1983 and RCW 28B.15.750 are each amended to read as follows:

The state board for community college education and the boards of trustees of the state's community colleges, The Evergreen State College, and the regional universities and boards of regents of the University of Washington and Washington State University shall waive the payment of nonresident tuition and fees by residents of Idaho, upon completion of and to the extent permitted by an agreement between the ((~~council for postsecondary education~~)) state higher education commission and appropriate officials and agencies in Idaho granting similar waivers for residents of the state of Washington.

Sec. 62. Section 2, chapter 166, Laws of 1983 and RCW 28B.15.752 are each amended to read as follows:

Prior to January 1 of each odd-numbered year, the ((~~council for postsecondary education~~)) state higher education commission, in cooperation with the state board for community college education and in consultation with appropriate agencies and officials in the state of Idaho, shall determine for the purposes of RCW 28B.15.750 the number of students for whom nonresident tuition and fees have been waived for the first academic year of the biennium and the fall term of the second academic year, and make an estimate of the number of such students for the remainder of the second academic year, and the difference between the aggregate amount of tuition and fees that would have been paid to the respective states by residents of the other state had such waivers not been made, and the aggregate amount of tuition and fees paid by residents of the other state. Should the ((~~council~~)) commission determine that the state of Idaho has experienced a greater net tuition and fee revenue loss than institutions in Washington, it shall pay from funds appropriated for this purpose to the appropriate agency or institution in Idaho an amount determined by subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue loss of Idaho, minus twenty-five thousand dollars for each year of the biennium if the appropriate officials in the state of Idaho agree to make similar restitution to the state of Washington should the net tuition and fee revenue loss in Washington be greater than that in Idaho.

Sec. 63. Section 3, chapter 166, Laws of 1983 and RCW 28B.15.754 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state higher education commission may enter into an agreement with appropriate officials or agencies in the state of Idaho to implement RCW 28B.15.750 and 28B.15.752. By January 10 of each odd numbered year, the ((~~council~~)) commission shall review the costs and benefits of any agreement entered into under RCW 28B.15.750 and shall transmit copies of their review to the governor and the appropriate policy and fiscal committees of the legislature. In addition, the ((~~council~~)) commission shall make recommendations to the legislature on the continuation or termination of the authorization contained in this section not later than January, 1987.

Sec. 64. Section 4, chapter 166, Laws of 1983 and RCW 28B.15.756 are each amended to read as follows:

The boards of trustees of The Evergreen State College and the regional universities and the boards of regents of the University of Washington and Washington State University shall waive the payment of nonresident tuition and fees by residents of the Canadian province of British Columbia, upon completion of and to the extent permitted by an agreement between the ((~~council for postsecondary education~~)) state higher education commission 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. 65. Section 5, chapter 166, Laws of 1983 and RCW 28B.15.758 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state higher education commission may enter into an agreement with appropriate officials or agencies in the Canadian province of British Columbia to implement RCW 28B.15.756. The agreement should provide for a balanced exchange of enrollment opportunities, without payment of excess tuition or fees, for residents of the state of Washington or the Canadian province of British Columbia. By January 10 of each odd numbered year, the ((~~council~~)) commission shall review the costs and benefits of any agreement entered into under RCW 28B.15.756 and shall transmit copies of their review to the governor and the appropriate policy and fiscal committees of the legislature. In addition, the ((~~council~~)) commission shall make recommendations to the legislature on the continuation or termination of the authorization contained in this section not later than January, 1987.

Sec. 66. Section 1, chapter 74, Laws of 1983 1st ex. sess. and RCW 28B.15.760 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28B.15.762 and 28B.15.764.

(1) "Institution of higher education" or "institution" means a college or university in the state of Washington which is a member institution of an accrediting association recognized as such by rule of the ((~~council for postsecondary education~~)) state higher education commission.

(2) ((~~"Council" means the council for postsecondary 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.10.802, 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)~~)) (3) "Public school" means a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution.

((~~(5)~~)) (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.

((~~(6)~~)) (5) "Satisfied" means paid-in-full.

((~~(7)~~)) (6) "Borrower" means an eligible student who has received a loan under RCW 28B.15.762.

Sec. 67. Section 2, chapter 74, Laws of 1983 1st ex. sess. and RCW 28B.15.762 are each amended to read as follows:

(1) The ((~~council~~)) state higher education commission may make long-term loans to eligible students at institutions of higher education from the funds appropriated to the ((~~council~~)) commission 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 ((~~council~~)) commission 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 ((~~council~~)) commission 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 ((~~council~~)) commission as lender is entitled, which are paid by or on behalf of borrowers under subsection (1) of this section, shall be deposited with the ((~~council for postsecondary education~~)) commission 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 ((~~council~~)) commission 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) The ((~~council for postsecondary education~~)) state higher education commission shall adopt necessary rules to implement this section.

Sec. 68. Section 3, chapter 74, Laws of 1983 1st ex. sess. and RCW 28B.15.764 are each amended to read as follows:

The ((~~council for postsecondary education~~)) state higher education commission and institutions of higher education shall work cooperatively to implement RCW 28B.15.762 and to publicize this program to eligible students.

Sec. 69. Section 10, chapter 72, Laws of 1983 1st ex. sess. and RCW 28B.20.280 are each amended to read as follows:

The board of regents of the University of Washington may offer masters level and doctorate level degrees in technology subject to review and approval by the ((~~council for postsecondary education~~)) state board of higher education.

Sec. 70. Section 45, chapter 169, Laws of 1977 ex. sess. as amended by section 4, chapter 103, Laws of 1979 ex. sess. and RCW 28B.35.100 are each amended to read as follows:

The governance of each of the regional universities shall be vested in a board of trustees consisting of ((~~five~~)) seven members. They shall be appointed by the governor with the consent of the senate and shall hold their offices for a term of six years from the first day of October and until their successors are appointed and qualified. In case of a vacancy, or when an appointment is made after the date of expiration of the term, the governor shall fill the vacancy for the remainder of the term of the trustee whose office has become vacant or expired.

No more than the terms of two members will expire simultaneously on the last day of September in any one year.

Sec. 71. Section 12, chapter 72, Laws of 1983 1st ex. sess. and RCW 28B.30.500 are each amended to read as follows:

The board of regents of Washington State University may offer masters level and doctorate level degrees in technology subject to review and approval by the ((~~council for postsecondary education~~)) state board of higher education.

Sec. 72. Section 4, chapter 14, Laws of 1979 and RCW 28B.35.205 are each amended to read as follows:

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 recommendation of the ((~~council for postsecondary education~~)) state board of higher education.

Sec. 73. Section 1, chapter 78, Laws of 1979 ex. sess. and RCW 28B.40.206 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 favorable recommendation of the ((~~council for postsecondary education~~)) state board of higher education.

Sec. 74. Section 5, chapter 72, Laws of 1983 1st ex. sess. as amended by section 1, chapter 66, Laws of 1984 and RCW 28B.65.040 are each amended to read as follows:

(1) The Washington high-technology coordinating board is hereby created.

(2) The board shall be composed of seventeen members as follows:

(a) Eleven shall be citizen members appointed by the governor, with the consent of the senate, for four-year terms. In making the appointments the governor shall ensure that a balanced geographic representation of the state is achieved and shall attempt to choose persons experienced in high-technology fields, including at least one representative of labor. Any person appointed to fill a vacancy occurring before a term expires shall be appointed only for the remainder of that term; and

(b) Six of the members shall be as follows: One representative from each of the state's two research universities, one representative of the state college and regional universities, the director for the state system of community colleges or the director's designee, the superintendent of public instruction or the superintendent's designee, and a representative of the ((~~council for postsecondary education~~)) state board of higher education.

(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. 75. Section 28B.50.050, chapter 223, Laws of 1969 ex. sess. as last amended by section 64, chapter 287, Laws of 1984 and RCW 28B.50.050 are each amended to read as follows:

There is hereby created the "state board for community college education", to consist of ((~~eight~~)) nine members, one from each congressional district, as now or hereafter existing, and one member at large who shall be appointed by the governor, with the consent of the senate. The successors of the members initially appointed shall be appointed for terms of four years except that any persons appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. All members shall be citizens and bona fide residents of the state. No member of the college board shall be, during his term of office, also a member of the state board of education, a member of a K-12 board, a member of the governing board of any public or private educational institution, a member of a community college board of trustees, or an employee of any of the above boards, or have any direct pecuniary interest in education within this state.

The board shall not be deemed unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.

No member of the college board shall receive any salary for his services, but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended for each day actually spent in attending to his duties as a member of the college board.

The members of the college board may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office, in the manner provided by RCW 28B.10.500.

Sec. 76. Section 6, chapter 72, Laws of 1983 1st ex. sess. and RCW 28B.65.050 are each amended to read as follows:

(1) The board shall oversee and coordinate the high-technology education and training program.

(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 postsecondary education~~)) state board of higher education on their findings;

(b) Identify economic areas with high-technology industries in need of technical training critical to economic renewal or economic development and advise the institutions of higher education and the ((~~council for postsecondary education~~)) state board of higher education on their findings;

(c) Oversee and coordinate the Washington high-technology education and training program to insure 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 postsecondary education~~)) state board of higher education during the ((~~council's~~)) 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 postsecondary education~~)) state board of higher education over the review of new degree programs as established in ((~~RCW 28B.80.035~~)) section 3 of this 1985 act;

(f) ((Prepare and submit a report to the 1984 legislature on whether or not high-technology education and training consortiums should be established between the state's community colleges and four-year colleges and universities pursuant to RCW 28B.65.080, including their geographic division and the pattern of cooperation between the community colleges and the four-year colleges and universities and shall investigate the establishment of such consortiums within existing resources; and

~~(g)~~)) Prepare and submit to the legislature before the first day of each regular session an annual report on the Washington high-technology education and training program including, but not limited to:

(i) An evaluation of the program;

(ii) A determination of the feasibility of expanding the program; and

(iii) Recommendations, including recommendations for further legislation as the board deems necessary.

(3) The board may adopt rules under chapter 28B.19 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. 77. Section 7, chapter 72, Laws of 1983 1st ex. sess. and RCW 28B.65.060 are each amended to read as follows:

Staff support for the high-technology coordinating board shall be provided by the ((~~council for postsecondary education~~)) state board of higher education.

Sec. 78. Section 4, chapter 277, Laws of 1969 ex. sess. as last amended by section 43, chapter 169, Laws of 1977 ex. sess. and RCW 28B.80.040 are each amended to read as follows:

The ((~~council~~)) commission shall consist of members who are truly representative of the public, including the minority community, and shall be selected as follows:

Nine citizen members to be appointed by the governor and confirmed by the senate as representatives of the public at large, one of whom shall be a full time undergraduate student at the time of his or her appointment at a postsecondary educational institution((; the superintendent of public instruction; one member of the executive branch of government appointed by the governor; one president of the public state universities, regional universities, and The Evergreen State College who is the chairman of the council of presidents; the executive director of the state board for community college education; the executive director of the commission for vocational education; one president of the state's private universities or four-year colleges and one representative of postsecondary proprietary education, each appointed by the governor.

It shall be the duty of the director of the state board for community college education to represent not only the state board for community college education, but also all the community colleges in the state and their respective governing boards and he is further directed and charged to act as a liaison between the council and the state board for community college education and boards of trustees of the community college districts in the state.

It shall be the duty of the superintendent of public instruction to represent the common school system presenting such information to the council as may be of assistance in the development of overall educational plans and articulation between the common school and postsecondary systems of education.

It shall be the duty of the executive director of the commission for vocational education to represent vocational and technical education, presenting to the council such information regarding the state plan for vocational education and other data as may be of assistance in the development of overall educational plans)).

Sec. 79. Section 6, chapter 277, Laws of 1969 ex. sess. as amended by section 5, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.060 are each amended to read as follows:

Citizen members of the ((~~council~~)) commission shall serve for terms of six years, said terms expiring on June 30th of the sixth year of their term: PROVIDED, That the term of the student citizen member shall not exceed three years and shall be coextensive with his or her tenure as a student except for summer sessions.

The member of the ((~~council~~)) commission appointed by the governor from the executive branch of government shall serve at the governor's pleasure.

The term of the superintendent of public instruction, the executive director of the commission for vocational education, and the executive director of the state board for community college education shall be coextensive with their tenure in those respective offices.

The president-representatives appointed by the governor shall serve for a four year term, or until such earlier date as each shall cease to be the president of the institution or representative of a postsecondary group from which he or she was appointed.

Sec. 80. Section 10, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.090 are each amended to read as follows:

The ((~~council~~)) commission shall meet at least four times each year and at such other times as determined by the chairman who shall give reasonable notice to members of every meeting prior thereto. A majority of the citizen members shall constitute a quorum to conduct the affairs of the ((~~council~~)) commission.

Sec. 81. Section 12, chapter 277, Laws of 1969 ex. sess. as last amended by section 65, chapter 287, Laws of 1984 and RCW 28B.80.110 are each amended to read as follows:

Members of the ((~~council~~)) commission shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 82. Section 13, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.120 are each amended to read as follows:

The ((~~council~~)) commission, in addition to any funds appropriated or allocated from time to time to carry out the purposes of this chapter, may add thereto federal funds made available to the state for higher education research or otherwise under the terms of any act or acts of congress, or any private gifts or grants, such federal funds or private funds to be expended in accordance with the conditions contingent in such grant thereof.

Sec. 83. Section 3, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.150 are each amended to read as follows:

((~~In addition to the functions delegated to the council by RCW 28B.80.030,~~)) The ((~~council~~)) commission is hereby specifically directed to develop such state plans as are necessary to coordinate the state of Washington's participation within the student exchange compact programs under the auspices of the Western Interstate Commission for Higher Education, as provided by chapter 28B.70 RCW. In addition to establishing such plans the ((~~council~~)) commission shall designate the state certifying officer for student programs.

Sec. 84. Section 4, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.160 are each amended to read as follows:

In the development of any such plans as called for within RCW 28B.80.150, the ((~~council~~)) commission shall use at least the following criteria:

(1) Students who are eligible to attend compact-authorized programs in other states shall meet the Washington residency requirements of chapter 28B.15 RCW prior to being awarded tuition assistance grants;

(2) If appropriations are insufficient to fund all students qualifying under subsection (1) hereof, then the plans shall include criteria for student selection that would be in the best interest in meeting the state's educational needs, as well as recognizing the financial needs of students.

Sec. 85. Section 5, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.170 are each amended to read as follows:

The ((~~council~~)) commission shall periodically advise the governor and the legislature of the policy implications of the state of Washington's participation in the Western Interstate Commission for Higher Education student exchange programs as they affect long-range planning for post-secondary education, together with recommendations on the most efficient way to provide high cost or special educational programs to Washington residents.

Sec. 86. Section 14, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.230 are each amended to read as follows:

The ((~~council~~)) commission is authorized to receive and expend federal funds and any private gifts or grants, such federal funds or private funds to be expended in accordance with the conditions contingent in such grant thereof.

Sec. 87. Section 15, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.240 are each amended to read as follows:

The ((~~council~~)) commission shall administer any state program or state-administered federal program of student financial aid now or hereafter established.

Sec. 88. Section 27, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.80.250 are each amended to read as follows:

Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.

"Management employees" mean administrative exempt personnel of the ((~~council for postsecondary education~~)) commission who are specified by the ((~~council~~)) commission as management.

Sec. 89. Section 28, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.80.260 are each amended to read as follows:

(1) The ((~~council~~)) commission shall develop performance evaluation procedures and forms which shall be used for the appraisal of management employees.

(2) The performance evaluation shall measure management employees' performance within at least five performance rating categories.

(3) The ((~~council~~)) commission shall adopt rules designed to insure that performance evaluations of management employees do not result in unrealistic concentration in any performance rating category.

Sec. 90. Section 29, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.80.270 are each amended to read as follows:

((~~Beginning on July 1, 1984,~~)) Management employees of the ((~~council~~)) commission shall be subject to performance evaluation using the procedures developed under RCW 28B.80.260. Such employees may be granted merit increases in salary based on performance as determined by the ((~~council~~)) commission for its employees.

NEW SECTION. Sec. 91. The following acts or parts of acts are each repealed:

(1) Section 3, chapter 14, Laws of 1979, section 1, chapter 44, Laws of 1979, section 1, chapter 113, Laws of 1981 and RCW 28B.10.650;

(2) Section 2, chapter 78, Laws of 1979 ex. sess. and RCW 28B.40.240; and

(3) Section 3, chapter 78, Laws of 1979 ex. sess. and RCW 28B.40.244.

NEW SECTION. Sec. 92. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 277, Laws of 1969 ex. sess., section 1, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.010;

(2) Section 2, chapter 277, Laws of 1969 ex. sess., section 2, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.020;

(3) Section 3, chapter 277, Laws of 1969 ex. sess., section 3, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.030;

(4) Section 2, chapter 201, Laws of 1977 ex. sess. and RCW 28B.80.035;

(5) Section 9, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.200;

(6) Section 12, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.210;

(7) Section 13, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.220;

(8) Section 1, chapter 304, Laws of 1983 and RCW 28B.80.280;

(9) Section 2, chapter 304, Laws of 1983 and RCW 28B.80.290;

(10) Section 14, chapter 277, Laws of 1969 ex. sess., section 10, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.900; and

(11) Section 15, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.910.

NEW SECTION. Sec. 93. The following acts or parts of acts are each repealed:

(1) Section 3, chapter 197, Laws of 1983 and RCW 43.131.259; and

(2) Section 29, chapter 197, Laws of 1983 and RCW 43.131.260.

NEW SECTION. Sec. 94. Sections 1 through 16 of this act shall constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 95. Section 39 of this act amending RCW 28B.10.045 shall take effect July 1, 1986.

NEW SECTION. Sec. 96. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.