AN
ACT Relating to higher education; amending RCW 28B.15.012, 28B.15.014,
28B.15.725, and 28B.15.910; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It
is the intent of the legislature to provide for diverse educational
opportunities at the state's institutions of higher education and to facilitate
student participation in educational exchanges with institutions outside the
state of Washington. To accomplish this, this act establishes a home tuition
program allowing students at Washington state institutions of higher education
to take advantage of out-of-state and international educational opportunities while
paying an amount equal to their regularly charged tuition and required fees.
Sec.
2. RCW
28B.15.012 and 1994 c 188 s 2 are each amended to read as follows:
Whenever
used in chapter 28B.15 RCW:
(1)
The term "institution" shall mean a public university, college, or
community college within the state of Washington.
(2)
The term "resident student" shall mean:
(a)
A financially independent student who has had a domicile in the state of
Washington for the period of one year immediately prior to the time of
commencement of the first day of the semester or quarter for which the student
has registered at any institution and has in fact established a bona fide
domicile in this state primarily for purposes other than educational;
(b)
A dependent student, if one or both of the student's parents or legal
guardians have maintained a bona fide domicile in the state of Washington for
at least one year immediately prior to commencement of the semester or quarter
for which the student has registered at any institution;
(c)
A student classified as a resident based upon domicile by an institution
on or before May 31, 1982, who was enrolled at a state institution during any
term of the 1982-1983 academic year, so long as such student's enrollment
(excepting summer sessions) at an institution in this state is continuous;
(d)
Any student who has spent at least seventy-five percent of both his or
her junior and senior years in high schools in this state, whose parents or
legal guardians have been domiciled in the state for a period of at least one
year within the five-year period before the student graduates from high school,
and who enrolls in a public institution of higher education within six months
of leaving high school, for as long as the student remains continuously
enrolled for three quarters or two semesters in any calendar year;
(e)
A student who is the spouse or a dependent of a person who is on active
military duty stationed in the state; ((or))
(f)
A student of an out-of-state institution of higher education who is
attending a Washington state institution of higher education pursuant to a home
tuition agreement as described in RCW 28B.15.725; or
(g)
A student who meets the requirements of RCW 28B.15.0131: PROVIDED, That a
nonresident student enrolled for more than six hours per semester or quarter
shall be considered as attending for primarily educational purposes, and for
tuition and fee paying purposes only such period of enrollment shall not be
counted toward the establishment of a bona fide domicile of one year in this
state unless such student proves that the student has in fact established a
bona fide domicile in this state primarily for purposes other than educational.
(3)
The term "nonresident student" shall mean any student who does not
qualify as a "resident student" under the provisions of RCW
28B.15.012 and 28B.15.013. Except for students qualifying under subsection
(2)(f) of this section, a nonresident student shall include:
(a)
A student attending an institution with the aid of financial assistance
provided by another state or governmental unit or agency thereof, such
nonresidency continuing for one year after the completion of such semester or
quarter.
(b)
A person who is not a citizen of the United States of America who does not have
permanent or temporary resident status or does not hold
"Refugee-Parolee" or "Conditional Entrant" status with the
United States immigration and naturalization service or is not otherwise
permanently residing in the United States under color of law and who does not
also meet and comply with all the applicable requirements in RCW 28B.15.012 and
28B.15.013.
(4)
The term "domicile" shall denote a person's true, fixed and permanent
home and place of habitation. It is the place where the student intends to
remain, and to which the student expects to return when the student leaves
without intending to establish a new domicile elsewhere. The burden of proof
that a student, parent or guardian has established a domicile in the state of
Washington primarily for purposes other than educational lies with the student.
(5)
The term "dependent" shall mean a person who is not financially
independent. Factors to be considered in determining whether a person is
financially independent shall be set forth in rules and regulations adopted by
the higher education coordinating board and shall include, but not be limited
to, the state and federal income tax returns of the person and/or the student's
parents or legal guardian filed for the calendar year prior to the year in
which application is made and such other evidence as the board may require.
Sec.
3. RCW
28B.15.014 and 1993 sp.s. c 18 s 5 are each amended to read as follows:
Subject
to the limitations of RCW 28B.15.910, the governing boards of the state
universities, the regional universities, The Evergreen State College, and the
community colleges may exempt the following nonresidents from paying all or a
portion of the nonresident tuition fees 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.
(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.
(5)
((Domestic exchange students participating in the program created under RCW
28B.15.725.
(6))) Any
dependent of a member of the United States congress representing the state of
Washington.
Sec.
4. RCW
28B.15.725 and 1994 c 234 s 1 are each amended to read as follows:
((Subject
to the limitations of RCW 28B.15.910,)) (1) The governing boards of
the state universities, the regional universities, and The Evergreen State
College may ((enter into undergraduate student exchange)) establish
home tuition programs by negotiating home tuition agreements with an
out-of-state institution or consortium of institutions of higher education
((of other states and agree to exempt participating undergraduate students
from payment of all or a portion of the nonresident tuition fees differential
subject to the following restrictions:
(1)
In any given academic year, the number of students receiving a waiver at a
state institution shall not exceed the number of that institution's students
receiving nonresident tuition waivers at participating out-of-state
institutions. Waiver imbalances that may occur in one year shall be off-set in
the year immediately following)) if no loss of tuition
and fee revenue occurs as a result of the agreements.
(2)
((Undergraduate)) Home tuition agreements allow students at
Washington state institutions of higher education to attend an out-of-state
institution of higher education as part of a student exchange. Students
participating in a home tuition program shall pay an amount equal to their
regular, full-time tuition and required fees to either the Washington
institution of higher education or the out-of-state institution of higher
education depending upon the provisions of the particular agreement. Payment
of course fees in excess of generally applicable tuition and required fees must
be addressed in each home tuition agreement to ensure that the instructional
programs of the Washington institution of higher education do not incur
additional uncompensated costs as a result of the exchange.
(3)
Student participation in ((an exchange program)) a home tuition
agreement authorized by this section is limited to one academic year.
(4)
Students enrolled under a home tuition agreement shall reside in Washington
state for the duration of the program, may not use the year of enrollment under
this program to establish Washington state residency, and are not eligible for
state financial aid.
Sec.
5. RCW
28B.15.910 and 1993 sp.s. c 18 s 31 are each amended to read as follows:
(1)
Except for revenue waived under programs listed in subsection (3) of this
section, and unless otherwise expressly provided in the omnibus state
appropriations act, the total amount of operating fees revenue waived,
exempted, or reduced by a state university, a regional university, The
Evergreen State College, or the community colleges as a whole, shall not exceed
the percentage of total gross authorized operating fees revenue set forth
below. As used in this section, "gross authorized operating fees
revenue" means the estimated gross operating fees revenue as estimated
under RCW 82.33.020 or as revised by the office of financial management, before
granting any waivers. This limitation applies to all tuition waiver programs
established before or after July 1, 1992.
(a)
University of Washington 21 percent
(b)
Washington State University 20 percent
(c)
Eastern Washington University 11 percent
(d)
Central Washington University 8 percent
(e)
Western Washington University 10 percent
(f)
The Evergreen State College 6 percent
(g)
Community colleges as a whole 35 percent
(2)
The limitations in subsection (1) of this section apply to waivers, exemptions,
or reductions in operating fees contained in the following:
(a)
RCW 28B.10.265;
(b)
RCW 28B.15.014;
(c)
RCW 28B.15.100;
(d)
RCW 28B.15.225;
(e)
RCW 28B.15.380;
(f)
Ungraded courses under RCW 28B.15.502(4);
(g)
RCW 28B.15.520;
(h)
RCW 28B.15.526;
(i)
RCW 28B.15.527;
(j)
RCW 28B.15.543;
(k)
RCW 28B.15.545;
(l)
RCW 28B.15.555;
(m)
RCW 28B.15.556;
(n)
RCW 28B.15.615;
(o)
RCW 28B.15.620;
(p)
RCW 28B.15.628;
(q)
((RCW 28B.15.725;
(r))) RCW
28B.15.730;
(((s)))
(r) RCW 28B.15.740;
(((t)))
(s) RCW 28B.15.750;
(((u)))
(t) RCW 28B.15.756;
(((v)))
(u) RCW 28B.50.259;
(((w)))
(v) RCW 28B.70.050; and
(((x)))
(w) RCW 28B.80.580.
(3)
The limitations in subsection (1) of this section do not apply to waivers,
exemptions, or reductions in services and activities fees contained in the
following:
(a)
RCW 28B.15.522;
(b)
RCW 28B.15.535;
(c)
RCW 28B.15.540; and
(d)
RCW 28B.15.558.
NEW SECTION. Sec. 6. 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.
