AN ACT Relating to higher education; authorizing contracts with independent institutions of higher education for instructional programmatic services; adding new sections to chapter 28B.10 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. In order to secure for the citizens of Washington the advantages that would accrue through contracting for educational services from independent institutions of higher education situated in the state, especially those offering programs in localities not directly served by a resident public program or institution of higher learning, the legislature finds that it is sound public policy to contract for instructional program services with one or more such independent institutions to provide courses of study for resident students, using funds appropriated therefore. Such contracts shall encourage, promote, and facilitate the coordination of postsecondary educational developments that are cost-effective and beneficial to the citizens of the state, which increase the use of available educational facilities, which prevent the duplication of educational programs, and which motivate cooperative educational efforts.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.10 RCW to read as follows:

For the purposes of sections 3 through 6 of this act, "instructional program" means a course of study leading to certification, licensure, or a degree at the associate, baccalaureate, masters, or doctoral level. The term "independent institution of higher education" means a private educational institution, the main campus of which is permanently situated in the state, which is open to residents of the state, which does not restrict entry on racial or religious grounds, which provides programs of education beyond the high school leading at least to the associate degree, and which is accredited by the northwest association of schools and colleges or by an accrediting association recognized by the higher education coordinating board for the purposes of sections 2 through 6 of this act.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.10 RCW to read as follows:

A state institution of higher education may contract with an independent institution of higher education to offer instructional programs or degree programs, or with an independent institution of higher education for similar programs sponsored by an institute or center. The independent institution of higher education may be reimbursed for the direct and support instructional costs of approved courses and programs not to exceed the state funded projected costs of such courses and programs if offered solely by a state institution of higher education as determined by the office of financial management. The contract shall be subject to the review and approval of the higher education coordinating board and the office of the attorney general and shall meet the following conditions:

(1) There has been a finding of need and that the contract represents a cost-effective way of providing the services to resident students in a particular locality;

(2) Only resident students as defined by RCW 28B.15.012 and 28B.15.013 shall receive services pursuant to the terms of the contract. However, nonresident students may participate in courses and programs if space is available without state reimbursement of institutional expense and not subject to the limitation on tuition rates set forth in subsection (4) of this section;

(3) The content of the program shall not include any religious or sectarian instruction, nor shall any student for whom a contract provision has been made be expected to participate in any sectarian activity as a condition of enrollment; and

(4) The tuition to be charged resident students by the independent institution of higher education for the degree program or instructional program services shall not exceed the resident student rate of tuition and fees for comparable programs at state institutions of higher education as determined by the higher education coordinating board.

NEW SECTION. Sec. 4. A new section is added to chapter 28B.10 RCW to read as follows:

In the event that the higher education coordinating board determines that a need exists for a degree program or instructional program services and that a contract with an independent institution of higher education represents a cost-effective way of providing the services to resident students in a particular locality and that a contract between an independent institution of higher education and a state institution of higher education is not practical or possible, the higher education coordinating board, using funds appropriated therefore, may enter into such a contract subject to the conditions outlined in section 3 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 28B.10 RCW to read as follows:

Prior to February 1 of each odd-numbered year, the higher education coordinating board shall submit a report to the governor and the legislature identifying and evaluating contractual arrangements entered into under the terms of sections 2 through 6 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 28B.10 RCW to read as follows:

Contracts between state and independent institutions of higher education prior to the effective date of this section are not subject to the terms and conditions of sections 2 through 5 of this act.

NEW SECTION. Sec. 7. 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.