SENATE BILL REPORT
ESHB 451
BYHouse Committee on State Government (originally sponsored by Representatives H. Sommers, B. Williams, Winsley and Miller; by request of Governor Gardner)
Creating the office of educational services.
House Committe on State Government
Senate Committee on Education
Senate Hearing Date(s):April 1, 1987; April 2, 1987
Majority Report: Do pass as amended.
Signed by Senators Gaspard, Chairman; Bauer, Vice Chairman; Rinehart, Vice Chairman; Bailey, Bender, Craswell, Smitherman, Warnke.
Senate Staff:Don Bennett (786-7424)
April 3, 1987
AS REPORTED BY COMMITTEE ON EDUCATION, APRIL 2, 1987
BACKGROUND:
In 1975 the Legislature created the Commission of Vocational Education (CVE) to coordinate vocational education between the common school system and the community college system. CVE is governed by a seven-member board, consisting of five citizen members, the Superintendent of Public Instruction, and the director of the State Board for Community College Education. CVE is responsible for insuring the development of a state plan, adjudicating plan related disputes between the common school system and the community college system, receiving and allocating state funds, and administering the job skills program and portions of the Job Training Partnership Act. The Commission also administers the Washington Award for Vocational Excellence program, registers private vocational institutions, and approves the recipients of veterans vocational education benefits.
The Council of Vocational Education (COVE), a state advisory council of 13 members appointed by the Governor, is directed to advise CVE on policy matters, evaluate programs, and submit an annual evaluation report to the federal government.
CVE was scheduled for sunset termination on June 30, 1986. In a 1985 Legislative Budget Committee (LBC) sunset review of the CVE, the LBC recommended that CVE functions be placed in an office of education under the Governor's jurisdiction, and that the office be given additional powers. Because the 1986 Legislature did not act to reauthorize the CVE, the Commission has been terminated and currently is in its one-year wind-down period. Its enabling statutes expire on June 30, 1987.
In 1985 the Legislature established the Higher Education Coordinating Board. The board was assigned policy functions, coordination functions, and the administrative responsibility for several existing programs. The Board was directed to study delegating these administrative functions and make recommendations to the Legislature. In October 1986, the board recommended to the Governor's Task Force on Reorganization that the board be relieved of certain administrative responsibilities in order to allow the board to concentrate on matters of policy and coordination.
The administrative programs to be delegated include: programs for student financial assistance, the Displaced Homemaker Program, the Washington Scholars Program, the regulation of private degree-granting schools, and veterans approval functions for degree-granting institutions.
The Governor's Task Force on Reorganization recommended that the administration of these programs be transferred to a newly created Office of Educational Services, along with the functions of CVE.
SUMMARY:
The Office of Educational Services is established and shall be subdivided into divisions, including a division of financial aid. The Director is appointed by the Governor. The Office will administer the following programs: Student Financial Aid; Job Skills; Washington Award for Vocational Excellence (WAVE); Washington Scholars Program; Assistance to Blind Students; programs for state and veterans administration approval; and regulation of private academic and vocational schools. The office shall work with Employment Security Department on various employment information systems.
The Office shall administer activities mandated by federal statute which includes receiving federal vocational education funds, and acting as state liaison with the federal government.
The Office shall initiate and adopt a state planning process for vocational education together with the two delivery systems (the common school system and the community college system). If the planning process is not adopted within 180 days of the effective date of this act, the Governor shall establish the process.
The Superintendent of Public Instruction and the State Board for Community College Education in consultation with parties interested in vocational education will jointly develop an integrated state plan for all state and federally funded vocational education services.
The Office shall receive and expend federal funds in accordance with the state plan which is developed by the two delivery systems.
The Vocational Education Advisory Board is established. Members include the Superintendent of Public Instruction, the Director of the State Board for Community Colleges, the Director of Employment Security, four citizen members (one business, one labor, two knowledgeable about vocational education); and the Director of the Office who also serves as chair.
The advisory board approves and adopts the state plan which is developed by the two delivery systems (Superintendent of Public Instruction and State Board for Community College Education).
The Director shall appoint a financial aid advisory committee to advise the office on various functions related to programs for student financial assistance. The committee will be composed of financial aid administrators, a representative of the Higher Education Coordinating Board, and other financial aid constituencies. The responsibility for analyzing student financial aid issues remains with the Higher Education Coordinating Board.
The Director of Financial Management, in consultation with the Department of Personnel, and the Higher Education Personnel Board, will conduct an analysis of the personnel classifications and staff needed by the Office. No vacancies may be filled until the analysis is completed without the approval of the director of Financial Management. When the analysis is completed, the Governor must determine to which personnel system the office will be assigned. All classified staff of the Commission on Vocational Education and those involved in transferred functions from the Higher Education Coordinating Board are transferred to the office.
The supervision and delivery of vocational education in the public schools and the community colleges will remain the responsibility of the Superintendent of Public Instruction and the State Board for Community College Education. They will also supervise and administer the implementation of the state plan, develop the plan and modifications to the plan, and adopt rules needed to implement their responsibilities, including rules for existing and future common school vocational-technical institutes.
Public schools and community colleges are directed to establish local advisory committees to provide advice on employment needs and on courses necessary to meet those needs. These committees must help determine vocational program needs, review and evaluate program elements, and consult with and include local representatives of business, labor, and the community.
The Council on Vocational Education is authorized as required by federal law. The composition and the duties of the Council will be in accordance with federal law.
The Higher Education Coordinating Board is authorized to delegate to the Board's executive director agency management and other duties assigned to the Board except rule-making authority. The Board's approval of major off campus facility purchases or leases is limited to four year institutions and is based on the intended use of the proposed facility.
Fiscal Note: available
Effective Date:The bill contains an emergency clause and takes effect on July 1, 1987.
SUMMARY OF PROPOSED SENATE AMENDMENT:
The State Board for Vocational Education is created with the primary purpose of coordinating state policy related to vocational education. The board consists of nine members including the Executive Director of the State Board for Community College Education, the Superintendent of Public Instruction, the Commissioner of the Department of Employment Security, or their respective designees, and six persons appointed by the Governor. The Governor's appointees include two representatives each from labor and business, and two persons knowledgeable about vocational education. The chairperson of the board shall be a citizen member chosen by a majority of its members.
The board may employ an executive director who serves at the pleasure of the board. The board may employ other personnel as necessary to carry out its duties.
The State Board for Vocational Education (SBVE) acts as the state liaison with the federal government and is designated sole state agency for receipt of federal funds for vocational education to be allocated to the office of the Superintendent of Public Instruction (SPI) and the State Board for Community College Education (SBCCE). All nondelegable activities required by the federal Carl D. Perkins Vocational Education Act of 1984 are performed by the board but all other responsibilities are delegated to SPI and SBCCE.
The board adopts the comprehensive state plan for vocational education submitted by SPI and SBCCE and is charged with reviewing performance under the plan. Additionally, the board is to: work with the Department of Employment Security on occupational and career information systems; approve job skills program grants; approve grants under the job training and partnership act; select recipients of the Washington award for vocational excellence; approve staffing and budget requirements; make recommendations on vocational education; and adopt rules.
The supervision and delivery of vocational education in the public schools and community colleges remains the responsibility of SPI and SBCCE respectively. The two public delivery systems are given various powers and duties relating to vocational education including jointly developing the comprehensive state plan, establishing a data base for vocational education, and establishing an interagency memorandum of agreement specifying working relationships between the agencies.
Several sections of existing law are reenacted stating the state's obligations under federal law relating to vocational education. Other provisions of prior law are enacted which are automatically repealed on June 30, 1987 under the sunset laws. Definitions of terms in the various chapters of law relating to vocational education are consolidated and new terms added. References to the Commission for Vocational Education in existing law are replaced by the State Board for Vocational Education, the Superintendent of Public Instruction, or the State Board for Community College Education as necessary.
All records, property, and employees of the Commission for Vocational Education are transferred to the appropriate agency charged with carrying on the powers, functions, and duties of CVE. A staffing analysis conducted by the Office of Financial Management, Department of Personnel, and Higher Education Personnel Board is to be completed by September 1, 1987. SBVE cannot fill any vacancies occurring during this period without approval of the Director of OFM.
The Higher Education Coordinating Board may delegate authority to its executive director to perform discretionary functions, other than rulemaking, under the degree authorization act by board resolution.
The section of the sunset law repealing laws related to vocational education is amended to include all sections of law made obsolete by the striking amendment.
The proposed amendment contains an emergency clause with an effective date of July 1, 1987.
Senate Committee - Testified: Dr. John Terrey, Executive Director, State Board for Community College Education; Dr. Frank Brouillet, Superintendent of Public Instruction; Chuck Bailey, Washington State Labor Council, AFL-CIO; Don Barber, Association of Washington Business; Sam Hunt, Office of the Governor; Linda Broderick, Deputy Director, Commission for Vocational Education; Marry Foss, Washington Vocational Association; Bob Leingang, Associate Dan, Centralia Community College; Jim Capelli, Washington Association of Vocational Administrators