AN ACT Relating to vocational education; amending RCW 28C.04.530, 28C.04.535, and 28C.04.540; adding new sections to chapter 28C.04 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. As used in this chapter the following definitions shall apply:

(1) "Board" means the state board for vocational education.

(2) "Vocational education" means a planned series of learning experiences, the specific objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations, and home and family life programs, which are not designated as professional or requiring a baccalaureate or higher degree.

(3) "State plan" means the Washington state plan for vocational education, adopted as required by P.L. 98-524 as amended, and other federal congressional and administrative directives pertaining to vocational education.

(4) "Council" means the council for vocational education established within this state pursuant to 20 U.S.C. 1244B.

NEW SECTION. Sec. 2. (1) The state board for vocational education is established as the successor agency to the commission for vocational education. The board shall be composed of five members consisting of the governor, the superintendent of public instruction, the director of the state board for community college education, a representative of organized labor, and a representative of business. It is further provided that each board member shall be able to appoint a designee to attend meetings and vote in his or her absence. The representatives from organized labor and business shall serve three-year terms. Other members shall be the incumbents of the respective offices.

(2) All references to the commission for vocational education in the Revised Code of Washington shall be construed to mean the state board for vocational education.

NEW SECTION. Sec. 3. (1) The board shall be responsible for complying with federal directives to ensure the development and maintenance of a state plan for vocational education, but initial planning shall be accomplished by the secondary and postsecondary education systems.

(2) The board shall be the sole agency for the receipt and allocation of federal funds in accordance with the state plan, and shall be the primary state liaison with the federal government for the state plan for vocational education.

(3) The board shall have the following powers and duties for the job skills program:

(a) To collect and disseminate to interested individuals, in cooperation with and through any agencies of federal, state, and municipal government, information concerning areas of present and projected employment need, programs of skills training and education consistent therewith, and any other relevant information;

(b) To apply for, utilize, and accept grants from other federal, state, and local agencies for the purposes of matching requirements and to facilitate the purposes of RCW 28C.04.420 through 28C.04.480;

(c) To help identify, upon the request of business and industry, those educational institutions which could provide the training services sought by business and industry and to identify any existing programs which could serve the particular needs of business and industry;

(d) To provide job skills grants to educational institutions to facilitate the development of programs of job skills training and education consistent with employment needs;

(e) To work cooperatively with the employment security department to enhance and update the state's occupational information system and the state's career information system; and

(f) To adopt rules to carry out its powers and duties for the job skills program.

NEW SECTION. Sec. 4. The board is authorized to promulgate such rules as are necessary to comply with the intent of this chapter in accordance with chapter 34.05 RCW, the administrative procedure act, and adopt such bylaws as deemed necessary to the business of the board. Rules of the predecessor agency shall remain in effect until the board acts to adopt or revoke those rules. The board is further authorized to take whatever action is necessary to ensure compliance with federal vocational education enactments and state legislative and administrative directives concerning vocational education. The board is also authorized to delegate by board resolution to the executive director those functions it deems necessary to the operation of the board.

NEW SECTION. Sec. 5. Members of the board shall be compensated in accordance with RCW 43.03.240 and will receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 6. The governor shall appoint an executive director for the board. The board may employ such other personnel as may be necessary to carry out the purposes of this chapter.

NEW SECTION. Sec. 7. The state of Washington hereby accepts all the provisions and benefits of an act passed by the senate and house of representatives of the United States of America in congress assembled, entitled "An act to provide for the promotion of vocational education, to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure", approved February 23, 1917; and of an act of congress entitled "An act to provide for the further development of vocational education in the several states and territories", approved June 8, 1936, and the Vocational Education Act of 1946 and supplemental vocational education acts including P.L. 98-524.

NEW SECTION. Sec. 8. (1) There is hereby created a state council on vocational education, hereinafter referred to as the "council," for so long as a state council is required by federal law for regulation as a condition for receipt of federal funds, consisting of not less than thirteen members appointed by the governor, without regard to the civil service laws, for terms of three years. The initial members of the council shall be the members of the state advisory council on vocational education as it existed immediately prior to the effective date of this section, who shall serve the remainder of their unexpired terms.

(2) The composition and duties of the council shall be in accordance with federal law. As terms expire, the governor shall make an appointment necessary to fill any vacancy.

(3) The council shall meet at least four times a year at the call of the chair, who shall be selected by vote of the members.

(4) Members of the council shall receive their travel expenses while engaged in the business of the council in accordance with RCW 43.03.050 and 43.03.060.

(5) Funds necessary for the execution of the council's duties shall be provided from funds paid pursuant to Public Law 98-524 and supplementary funds as appropriated by the legislature. The council may receive such 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 council and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

NEW SECTION. Sec. 9. The duties of the council shall be in accordance with federal law. The council shall obtain the services of an executive director and confidential secretary to such director, both of whom shall be exempt from the provisions of chapter 41.06 RCW, and such professional, technical, and clerical personnel as may be deemed necessary to enable it to carry out its functions under this section and to contract for such services as may be necessary to enable them to carry out their evaluation functions.

Sec. 10. Section 3, chapter 267, Laws of 1984 as amended by section 2, chapter 231, Laws of 1987 and RCW 28C.04.530 are each amended to read as follows:

(1) The ((~~commission~~)) council for vocational education ((~~or a successor agency~~)) shall have the responsibility for the development and administration of the Washington award for vocational excellence program. The ((~~commission or successor agency~~)) council shall develop the program in consultation with other state agencies and private organizations having interest and responsibility in vocational education, including but not limited to: The state board for vocational education, the state board for community college education, the office of the superintendent of public instruction, a voluntary professional association of vocational educators, and representatives from business, labor, and industry.

(2) The ((~~commission or successor agency~~)) council shall establish a planning committee to develop the criteria for screening and selecting the students who will receive the award. This criteria shall include but not be limited to the following characteristics: Proficiency in their chosen fields, attendance, attitude, character, leadership, and civic contributions.

Sec. 11. Section 4, chapter 267, Laws of 1984 and RCW 28C.04.535 are each amended to read as follows:

The Washington award for vocational excellence shall be granted annually. The ((~~commission~~)) council shall notify the students receiving the award, their vocational instructors, local chambers of commerce, the legislators of their respective districts, and the governor, after final selections have been made. The ((~~commission~~)) council, in conjunction with the governor's office, shall prepare appropriate certificates to be presented to the selected students. Awards shall be presented in public ceremonies at times and places determined by the ((~~commission~~)) council in cooperation with the office of the governor.

Sec. 12. Section 5, chapter 267, Laws of 1984 and RCW 28C.04.540 are each amended to read as follows:

The ((~~commission~~)) council may accept any and all donations, grants, bequests, and devices, conditional or otherwise, or money, property, service, or other things of value which may be received from any federal, state, or local agency, any institution, person, firm, or corporation, public and private, to be held, used, or applied for the purposes of the Washington award for vocational excellence program. The ((~~commission~~)) council shall encourage maximum participation from business, labor, and community groups. The ((~~commission~~)) council shall also coordinate, where feasible, the contribution activities of the various participants.

The ((~~commission~~)) council shall not make expenditures from funds collected under this section until February 15, 1985.

NEW SECTION. Sec. 13. Sections 1 through 9 of this act are each added to chapter 28C.04 RCW.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.