AN ACT Relating to higher education; adding a new section to chapter 28B.20 RCW; adding a new section to chapter 28B.30 RCW; adding a new section to chapter 28B.35 RCW; adding a new section to chapter 28B.40 RCW; adding a new section to chapter 28B.50 RCW; adding a new chapter to Title 28B RCW; creating new sections; repealing RCW 28B.50.050, 28B.50.055, 28B.50.060, 28B.50.070, 28B.50.080, 28B.50.085, 28B.20.130, 28B.20.135, 28B.20.140, 28B.20.145, 28B.30.150, 28B.35.120, 28B.40.120, and 28B.50.140; and providing an effective date.

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

NEW SECTION. Sec. 1. The council for postsecondary education and the state board for community college education are hereby abolished and their powers, duties, and functions are hereby transferred to the state board of regents for higher education. All references to the council for postsecondary education or the state board of regents for higher education in the Revised Code of Washington shall be construed to mean the state board of regents for higher education.

NEW SECTION. Sec. 2. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the council for postsecondary education and the state board for community college education shall be delivered to the custody of the state board of regents for higher education. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the council for postsecondary education and the state board for community college education shall be made available to the state board of regents for higher education. All funds, credits, or other assets held by the council for postsecondary education and the state board for community college education shall be assigned to the state board of regents for higher education.

Any appropriations made to the council for postsecondary education and the state board for community college education shall, on the effective date of this act, be transferred and credited to the state board of regents for 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. 3. All classified employees of the council for postsecondary education and the state board for community college education are transferred to the jurisdiction of the state board of regents for higher education. All employees classified under chapter 41.06 RCW, the state civil service law, or chapter 28B.16 RCW, the state higher education personnel law, are assigned to the state board of regents for higher education 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 civil service.

NEW SECTION. Sec. 4. All rules and all pending business before the council for postsecondary education and the state board for community college education shall be continued and acted upon by the state board of regents for higher education. All existing contracts and obligations shall remain in full force and shall be performed by the state board of regents for higher education.

NEW SECTION. Sec. 5. The transfer of the powers, duties, functions, and personnel of the council for postsecondary education and the state board for community college education shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 6. If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 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. 7. Nothing contained in sections 1 through 6 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 personnel board as provided by law.

NEW SECTION. Sec. 8. (1) The state board of regents for higher education is created.

(2) The board shall be composed of nine citizen members appointed by the governor with the consent of the senate with one from each congressional district and one member serving at large and as chairperson at the pleasure of the governor. The members shall serve for four-year terms and until their successors are appointed and qualified. The terms of the initial members shall be staggered.

(3) In case of a vacancy, or when an appointment is made after the date of the expiration of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office was vacant or expired.

(4) A majority of the members shall constitute a quorum.

(5) The board shall meet at the call of the chairperson, but shall meet at least quarterly.

(6) The board may adopt bylaws or rules for its own governance.

NEW SECTION. Sec. 9. On the effective date of this section, the state board of regents for higher education shall develop a plan to implement this chapter, for the transfer of duties to the board from the state board for community college education and the council for postsecondary education, and for the modified duties of the boards of regents and trustees of the state universities, regional universities, and The Evergreen State College. The board shall prepare a report containing its recommendations and draft legislation to submit to the legislature by January 1990, containing necessary statutory changes, including terminology changes, to implement the transfer. In developing the plan the board shall either assume the responsibility for financial aid programs, the displaced homemaker program, the Washington scholars program, providing staff support for the high-technology coordinating board, the programs under the educational services registration act under chapter 28B.05 RCW, applicable federal programs, reciprocity agreements between British Columbia and boarder states, or shall recommend that the responsibility for a particular program or duty be delegated to another entity.

NEW SECTION. Sec. 10. Unless the context clearly requires otherwise, as used in this chapter "board" means the state board of regents for higher education.

NEW SECTION. Sec. 11. As needed, the board shall establish advisory committees composed of members representing the faculty, administration, students, trustees or regents, and staff of the state institutions of higher education and the private institutions of higher education.

NEW SECTION. Sec. 12. The board shall:

(1) Identify in consultation with representatives of the institutions of higher education and other interested persons the state's higher education goals and objectives;

(2) Establish a consultative process for identifying the roles and missions for each institution of higher education and develop statements about the roles and missions;

(3) Prepare a comprehensive master plan in consultation with representatives from the faculty, administration, students, trustees or regents, and staff of the institutions of higher education. The initial plan shall be completed by December 1, 1990. The plan shall be updated biennially beginning in 1991. The plan shall be submitted to the legislature under section 13 of this act. In developing the plan the board shall also:

(a) Assess the higher educational needs of the persons in this state;

(b) Identify and recommend state policies designed to meet those higher educational needs;

(c) Establish guidelines for continuing education, adult education, public service, and other higher educational programs; and

(d) Outline the states' higher education goals and objectives and the roles and missions for each institution of higher education.

NEW SECTION. Sec. 13. The first comprehensive plan shall be submitted to the legislature by January 1991, for review and comment. By December 1, 1991, and every two years thereafter the board shall submit the plan, as revised, to the committees responsible for higher education in the house of representatives and the senate. The committees shall each hold a public hearing on the plan. The members of the legislature shall consider the plan and shall express their recommendation by concurrent resolution. The first plan shall be in effect July 1, 1990, and revised plans shall go into effect by July 1 of subsequent even-numbered years.

NEW SECTION. Sec. 14. The board shall establish procedures for arbitrating disputes between or among institutions of higher education. The board has the power to settle these disputes.

NEW SECTION. Sec. 15. (1) The boards of regents and trustees of the institutions of higher education shall submit their budget requests to the board. The board shall review and modify the requests as necessary and submit a budget for the institutions of higher education as required under chapter 43.88 RCW.

(2) The board, by rule, shall establish guidelines for the disbursement of funds appropriated to the board consistent with the requirements of the legislature.

NEW SECTION. Sec. 16. The board shall:

(1) Approve creation of all new degree programs at the institutions of higher education;

(2) Evaluate proposals for eliminating existing degree programs at the institutions of higher education;

(3) Regularly review existing degree programs for academic rigor and unnecessary duplication at the state's institutions of higher education;

(4) Establish campus service areas and define on-campus and off-campus activities at the state's institutions of higher education;

(5) Approve all state-supported off-campus programs, centers, and owned or leased facilities;

(6) Adopt rules for the formation and operation of higher education consortia among the institutions of higher education;

(7) Approve contracts for off-campus educational programs offered by the institutions of higher education individually, or with other institutions of higher education, or with private colleges or universities; and

(8) Initiate development of educational programs to meet specific educational needs.

NEW SECTION. Sec. 17. The board shall:

(1) Study and recommend levels of tuition and fees;

(2) Develop criteria for identifying needs for new institutions or branches of institutions of higher education;

(3) Prepare recommendations on merging or closing institutions of higher education;

(4) Establish priorities and develop recommendations on student financial aid programs;

(5) Recommend enrollment policies to the legislature;

(6) Propose legislation about higher education issues;

(7) Develop and specify minimum admission standards for each institution of higher education;

(8) Develop and implement policies for transferring students;

(9) Establish and implement a state system for collecting, analyzing, and distributing information;

(10) Monitor the institutions' of higher education compliance with all relevant state policies for higher education;

(11) Develop rules for establishing resident status for the purpose of paying resident tuition;

(12) Review and recommend levels of compensation using comparative data from comparable colleges and universities. The review of compensation levels shall include proposed levels of compensation for faculty, administrators including presidents, student employees including research associates and teaching assistants, and other exempt staff; and

(13) Develop reciprocity agreements with bordering states and the province of British Columbia.

NEW SECTION. Sec. 18. The board may adopt rules to carry out its powers and duties under this title.

NEW SECTION. Sec. 19. A new section is added to chapter 28B.20 RCW to read as follows:

The board of regents:

(1) Shall operate the University of Washington;

(2) Shall employ the president;

(3) May construct or lease new facilities with the approval of the state board of regents for higher education;

(4) May, with the approval of the state board of regents for higher education, borrow money and issue and sell revenue bonds;

(5) May, consistent with rules adopted by the state board of regents for higher education, receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise for the use and benefit of the purposes of the University of Washington and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(6) Shall prescribe, with the assistance of the faculty, courses of study consistent with rules adopted by the state board of regents for higher education;

(7) Shall enforce applicable rules adopted by the state board of regents for higher education; and

(8) May perform other activities consistent with the mission and purpose of the University of Washington.

NEW SECTION. Sec. 20. A new section is added to chapter 28B.30 RCW to read as follows:

The board of regents:

(1) Shall operate Washington State University;

(2) Shall employ the president;

(3) May construct or lease new facilities with the approval of the state board of regents for higher education;

(4) May, with the approval of the state board of regents for higher education, borrow money and issue and sell revenue bonds;

(5) May, consistent with rules adopted by the state board of regents for higher education, receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise for the use and benefit of the purposes of Washington State University and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(6) Shall prescribe, with the assistance of the faculty, courses of study consistent with rules adopted by the state board of regents for higher education;

(7) Shall enforce applicable rules adopted by the state board of regents for higher education; and

(8) May perform other activities consistent with the mission and purpose of Washington State University.

NEW SECTION. Sec. 21. A new section is added to chapter 28B.35 RCW to read as follows:

Each board of trustees of the respective regional universities:

(1) Shall operate the regional universities;

(2) Shall employ the president;

(3) May construct or lease new facilities with the approval of the state board of regents for higher education;

(4) May, with the approval of the state board of regents for higher education, borrow money and issue and sell revenue bonds;

(5) May, consistent with rules adopted by the state board of regents for higher education, receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise for the use and benefit of the purposes of the regional universities and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(6) Shall prescribe, with the assistance of the faculty, courses of study consistent with rules adopted by the state board of regents for higher education;

(7) Shall enforce applicable rules adopted by the state board of regents for higher education; and

(8) May perform other activities consistent with the mission and purpose of the regional universities.

NEW SECTION. Sec. 22. A new section is added to chapter 28B.40 RCW to read as follows:

The board of trustees:

(1) Shall operate The Evergreen State College;

(2) Shall employ the president;

(3) May construct or lease new facilities with the approval of the state board of regents for higher education;

(4) May, with the approval of the state board of regents for higher education, borrow money and issue and sell revenue bonds;

(5) May, consistent with rules adopted by the state board of regents for higher education, receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise for the use and benefit of the purposes of The Evergreen State College and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(6) Shall prescribe, with the assistance of the faculty, courses of study consistent with rules adopted by the state board of regents for higher education;

(7) Shall enforce applicable rules adopted by the state board of regents for higher education; and

(8) May perform other activities consistent with the mission and purpose of The Evergreen State College.

NEW SECTION. Sec. 23. A new section is added to chapter 28B.50 RCW to read as follows:

Each community college board of trustees:

(1) Shall operate the community colleges;

(2) Shall employ the president;

(3) May construct or lease new facilities with the approval of the state board of regents for higher education;

(4) May, with the approval of the state board of regents for higher education, borrow money and issue and sell revenue bonds;

(5) May, consistent with rules adopted by the state board of regents for higher education, receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise for the use and benefit of the purposes of the community colleges and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(6) Shall prescribe, with the assistance of the faculty, courses of study consistent with rules adopted by the state board of regents for higher education;

(7) Shall enforce applicable rules adopted by the state board of regents for higher education; and

(8) May perform other activities consistent with the mission and purpose of the community colleges.

NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:

(1) Section 28B.50.050, chapter 223, Laws of 1969 ex. sess., section 19, chapter 261, Laws of 1969 ex. sess., section 13, chapter 62, Laws of 1973, section 74, chapter 34, Laws of 1975-'76 2nd ex. sess., section 9, chapter 30, Laws of 1982 1st ex. sess., section 64, chapter 287, Laws of 1984, section 1, chapter 76, Laws of 1988 and RCW 28B.50.050;

(2) Section 10, chapter 30, Laws of 1982 1st ex. sess. and RCW 28B.50.055;

(3) Section 28B.50.060, chapter 223, Laws of 1969 ex. sess., section 20, chapter 261, Laws of 1969 ex. sess., section 14, chapter 62, Laws of 1973, section 8, chapter 46, Laws of 1973 1st ex. sess., section 75, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 28B.50.060;

(4) Section 28B.50.070, chapter 223, Laws of 1969 ex. sess., section 15, chapter 62, Laws of 1973, section 26, chapter 75, Laws of 1977, section 1, chapter 130, Laws of 1986, section 15, chapter 505, Laws of 1987 and RCW 28B.50.070;

(5) Section 28B.50.080, chapter 223, Laws of 1969 ex. sess. and RCW 28B.50.080; and

(6) Section 4, chapter 246, Laws of 1981 and RCW 28B.50.085.

NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed:

(1) Section 28B.20.130, chapter 223, Laws of 1969 ex. sess., section 20, chapter 75, Laws of 1977, section 92, chapter 370, Laws of 1985 and RCW 28B.20.130;

(2) Section 28B.20.135, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.135;

(3) Section 28B.20.140, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.140;

(4) Section 28B.20.145, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.145;

(5) Section 28B.30.150, chapter 223, Laws of 1969 ex. sess., section 47, chapter 154, Laws of 1973 1st ex. sess., section 21, chapter 75, Laws of 1977, section 93, chapter 370, Laws of 1985 and RCW 28B.30.150;

(6) Section 48, chapter 169, Laws of 1977 ex. sess., section 94, chapter 370, Laws of 1985 and RCW 28B.35.120;

(7) Section 28B.40.120, chapter 223, Laws of 1969 ex. sess., section 68, chapter 169, Laws of 1977 ex. sess., section 95, chapter 370, Laws of 1985 and RCW 28B.40.120; and

(8) Section 6, chapter 14, Laws of 1979, section 11, chapter 226, Laws of 1979 ex. sess., section 3, chapter 246, Laws of 1981, section 96, chapter 370, Laws of 1985, section 14, chapter 314, Laws of 1987, section 1, chapter 407, Laws of 1987 and RCW 28B.50.140.

NEW SECTION. Sec. 26. Sections 8 through 18 of this act shall constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 27. Sections 1 through 7 and 10 through 25 of this act shall take effect July 1, 1990.

NEW SECTION. Sec. 28. 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.