AN ACT Relating to tuition and fees waivers and other activities for achieving gender equity; amending RCW 28B.15.014; and adding new sections to chapter 28B.15 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that women are underrepresented in intercollegiate athletics at most institutions of higher education in this state. It is the intent of the legislature that money saved by institutions as a result of the use of the tuition and fee waivers authorized by section 2 of this act shall be used to increase the percentage of women participating in intercollegiate athletics.

NEW SECTION. Sec. 2. (1) The boards of regents and trustees of the state universities, regional universities, and the state college, each as defined in RCW 28B.10.016, may waive the nonresident portion of tuition for eligible nonresident students participating in intercollegiate athletics.

(2) The governing boards also may waive tuition and fees for eligible resident students participating in intercollegiate athletics.

(3) The waivers of tuition and fees for resident students and of the nonresident portion of tuition for nonresident students, each as defined in RCW 28B.15.012 and 28B.15.013, are subject to the following conditions:

(a) Eligible students are limited to those listed on the institution's squad list, including redshirts, for institutions belonging to the national collegiate athletic association and the national association of intercollegiate athletics;

(b) Waivers of the nonresident portion of tuition may be granted to up to half the eligible nonresident students participating in intercollegiate athletic programs for men and up to half the eligible nonresident students participating in intercollegiate athletic programs for women;

(c) Tuition and fee waivers may be granted to up to half the eligible resident students participating in intercollegiate athletic programs for men, and up to half the eligible resident students participating in intercollegiate programs for women;

(d) The number of waivers granted shall not exceed the number of scholarships authorized by the athletic association to which the institution belongs; and

(e) Institutions granting the waivers shall fulfill the requirements of sections 3 and 4 of this act.

NEW SECTION. Sec. 3. For the purposes of qualifying for the waivers outlined in section 2 of this act, institutions of higher education shall strive to accomplish the following goals:

(1) Provide the following benefits and services equitably to male and female athletes participating in intercollegiate athletic programs: Equipment and supplies; medical services; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; scholarships and other forms of financial aid; conditioning programs; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling of games and practice times, including use of courts, gyms, and pools. Each institution which provides showers, toilets, lockers, or training room facilities for athletic purposes shall provide access to comparable facilities for both males and females.

(2) Provide equitable intercollegiate athletic opportunities for male and female students including opportunities to participate and to receive the benefits of the services listed in subsection (1) of this section.

(3) Provide participants with female coaches and administrators to act as role models.

NEW SECTION. Sec. 4. (1) An institution of higher education may grant waivers authorized in section 2 of this act, for the 1989-90 academic year only if the institution's governing board has adopted a plan for complying with the provisions of section 3 of this act and submitted the plan to the higher education coordinating board.

(2) Beginning in the 1990-91 academic year, an institution of higher education shall not grant any waiver authorized in section 2 of this act unless the institution's plan has been approved by the higher education coordinating board.

(3) The plan shall include, but not be limited to:

(a) Provisions that ensure that by July 1, 1994, the institution shall provide athletic opportunities for women at a rate that meets or exceeds the rate at which girls participate in high school interscholastic athletics in Washington state;

(b) Activities to be undertaken by the institution to increase participation rates of females in interscholastic and intercollegiate athletics. These activities may include, but are not limited to: Sponsoring equity conferences, coaches clinics and sports clinics; and taking a leadership role in working with athletic conferences to reduce barriers to women's participation in interscholastic and intercollegiate athletics;

(d) Measures to achieve institutional compliance with the provisions of section 3 of this act.

NEW SECTION. Sec. 5. (1) The higher education coordinating board shall report biennially, beginning December 1990, to the governor and the house of representatives and senate committees on higher education, on institutional efforts to comply with the requirements of sections 1 through 5 of this act. Each report shall include recommendations on measures to assist institutions with compliance. The first report shall also include a recommendation on whether to grant this waiver authority to community college governing boards.

(2) Before the board makes its report in December 1994, the board shall assess the extent of institutional compliance with the requirements of sections 1 through 5 of this act. The 1994 report shall include a recommendation on whether to continue this waiver authority.

Sec. 6. Section 4, chapter 273, Laws of 1971 ex. sess. as last amended by section 1, chapter 362, Laws of 1985 and RCW 28B.15.014 are each amended to read as follows:

The following nonresidents shall be exempted from paying the nonresident tuition and fee differential:

(1) Any person who resides in the state of Washington and who holds a graduate service appointment designated as such by a public institution of higher education or is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week during the term such person shall hold such appointment.

(2) Any faculty member, classified staff member or administratively exempt employee holding not less than a half time appointment at an institution who resides in the state of Washington, and the dependent children and spouse of such persons.

(3) Active-duty military personnel stationed in the state of Washington and the spouses and dependents of such military personnel.

(4) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole status, or (b) has received an immigrant visa, or (c) has applied for United States citizenship; and

(5) Any student granted a waiver under section 2 of this 1989 act.

NEW SECTION. Sec. 7. Sections 1 through 5 of this act are each added to chapter 28B.15 RCW.