SENATE BILL REPORT

SB 5430

BYSenators Bottiger, Gaspard, Hayner, Bauer, Deccio, von Reichbauer, Stratton, Warnke, Benitz, Wojahn, Johnson and Tanner

Authorizing state contracts with independent colleges and universities for instructional purposes.

Senate Committee on Education

Senate Hearing Date(s):February 9, 1987

Senate Staff:Judy McNickle (786-7423)

FEBRUARY 9, 1987

BACKGROUND:

In recent years, public colleges and universities occasionally have contracted with independent institutions to provide instructional services.  Examples of such contracts have included those between:  Washington State University and Seattle University on motel/hotel management programming; The Evergreen State College and the University of Puget Sound, for teacher training (a contract since expired); Eastern Washington University, Washington State University and Whitworth for the Intercollegiate Center for Nursing Education; and Eastern Washington University, Washington State University and Gonzaga, for masters of science in engineering.  Until 1986, these contracts were subject only to formal approval by the governing boards of participating institutions.  Public institutions usually also obtained informal advice or approval for such contracts from the Attorney General's office.  And, in most cases, the public institutions paid no more for these instructional services than they would have spent to provide the same services themselves.

Then, effective January 1, 1986, the Higher Education Coordinating Board was created by the Legislature to "provide planning, coordination, monitoring and policy analysis" for Washington..." in cooperation and consultation with all segments of postsecondary education.  The Legislature assigned the HEC Board primary responsibility for preparing a comprehensive master plan, including an assessment of the state's higher education needs, and noted that the Board should consider the "needs of residents of all geographic regions, but its initial priorities should be applied to heavily populated areas underserved by public institutions."

The Legislature required the HEC Board to deliver that master plan to the Legislature and the Governor by December 1, 1987.

In addition to its planning responsibilities, the HEC Board was granted seven major program responsibilities to be performed in consultation with the institutions. These responsibilities included approving contracts for off-campus education programs "initiated by the state's four-year institutions individually, in concert with other public institutions, or with independent institutions."

The Board also was required to coordinate educational activities among all segments of higher education "taking into account the educational programs, facilities and other resources of both public and independent two- and four-year colleges and universities."  These activities include promoting interinstitutional cooperation.  The HEC Board was not empowered with authority to initiate or fund contracts with independent institutions.

SUMMARY:

The Legislature declares it is sound public policy to provide courses for resident students by contracting for instructional services with one or more independent institutions, especially those offering programs in areas not directly served by a resident public program or higher education institution.  The Legislature requires that such contracts encourage, promote and facilitate cost-effective coordination of postsecondary educational developments which increase use of available education facilities, prevent duplication of educational programs, and motivate cooperative educational efforts.

Public higher education institutions are allowed to contract for courses with private, accredited higher education institutions that maintain their main campuses permanently in Washington, that do not restrict entry on racial or religious grounds, and that provide programs leading to at least an associate degree.  Public institutions also may contract with independent institutions for similar programs sponsored by an institute or center.  These contracts will provide courses of study that lead to certificates, licenses or degrees at associate, baccalaureate, masters or doctoral levels.  For providing approved courses and programs, independent higher education institutions may be reimbursed for direct and support instructional costs.  These costs are limited to the level of costs, as projected by the Office of Financial Management, such courses or programs would incur if they were offered solely by a state higher education institution.

Contracts are subject to review and approval by both the Higher Education Coordinating (HEC) Board and the Attorney General's Office.  Each contract must meet a finding of need and represent a cost-effective way of providing services to resident students.  Non-resident students may participate in contracted courses on a space available basis only, without state reimbursement of expenses and without tuition limits that apply to resident students.  Contracted programs must not include religious instruction or require students to participate in sectarian activities.

Tuition rates for resident students are limited to levels of comparable programs at public institutions as determined by the HEC Board.

The HEC Board is permitted to enter into contracts with independent institutions if a need exists, if such a contract is cost-effective, and if contracts between independent and public higher education institutions are not practical or possible.

The HEC Board is required to report on such contracting arrangements before February 1 of each odd-numbered year, but contracts existing before the effective date of this legislation are not subject to its constraints.

Fiscal Note:      none requested