BILL REQ. #:  H-1541.1 

Read first time 02/19/2003.   Referred to Committee on Higher Education.

     AN ACT Relating to providing assistance to institutions of higher education in managing overenrollment of students; amending RCW 28B.15.012 and 28B.15.013; adding new sections to chapter 28B.15 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   It is the legislature's intent to provide policy tools to assist the institutions of higher education in managing overenrollment of students, including students who may be enrolling in Washington institutions with resident status who should be considered nonresidents. It is also the legislature's intent to encourage students to make prudent choices and maximize the taxpayer investment in supporting their higher education. Students who are not making wise use of the opportunities provided by public institutions of higher education should not expect public support of their education to continue indefinitely.

Sec. 2   RCW 28B.15.012 and 2002 c 186 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 on active military duty stationed in the state or who is a member of the Washington national guard;
     (f) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state;
     (g) A student who resides in the state of Washington and is the spouse or a dependent of a person who is a member of the Washington national guard;
     (h) 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
     (i) 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)(h) 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, the amount of direct or indirect financial assistance in any form received from the student's parents or legal guardian, and such other evidence as the board may require. Unless convincingly proven otherwise, financial assistance from a trust or account made available to the student shall be considered evidence of financial dependence.

Sec. 3   RCW 28B.15.013 and 1989 c 175 s 79 are each amended to read as follows:
     (1) The establishment of a new domicile in the state of Washington by a person formerly domiciled in another state has occurred if such person is physically present in Washington primarily for purposes other than educational and can show ((satisfactory)) convincing proof that such person is without a present intention to return to such other state or to acquire a domicile at some other place outside of Washington.
     (2) Unless proven to the contrary it shall be presumed that:
     (a) The domicile of any person shall be determined according to the individual's situation and circumstances rather than by marital status or sex.
     (b) A person does not lose a domicile in the state of Washington by reason of residency in any state or country while a member of the civil or military service of this state or of the United States, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas if that person returns to the state of Washington within one year of discharge from said service with the intent to be domiciled in the state of Washington; any resident dependent student who remains in this state when such student's parents, having theretofore been domiciled in this state for a 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, remove from this state, shall be entitled to continued classification as a resident student so long as such student's attendance (except summer sessions) at an institution in this state is continuous.
     (3) To aid the institution in deciding whether a student, parent, legally appointed guardian or the person having legal custody of a student is domiciled in the state of Washington primarily for purposes other than educational, the rules and regulations adopted by the higher education coordinating board shall include but not be limited to the following:
     (a) Registration or payment of Washington taxes or fees on a motor vehicle, mobile home, travel trailer, boat, or any other item of personal property owned or used by the person for which state registration or the payment of a state tax or fee is required will be a factor in considering evidence of the establishment of a Washington domicile.
     (b) Permanent full time employment in Washington by a person will be a factor in considering the establishment of a Washington domicile.
     (c) Registration to vote for state officials in Washington will be a factor in considering the establishment of a Washington domicile.
     (4) After a student has registered at an institution such student's classification shall remain unchanged in the absence of ((satisfactory)) convincing evidence to the contrary. A student wishing to apply for a change in classification shall reduce such evidence to writing and file it with the institution. In any case involving an application for a change from nonresident to resident status, the burden of proof shall rest with the applicant. Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence maintained in the files of the institution and, if approved, shall take effect the semester or quarter such evidence was filed with the institution: PROVIDED, That applications for a change in classification shall be accepted up to the thirtieth calendar day following the first day of instruction of the quarter or semester for which application is made.

NEW SECTION.  Sec. 4   A new section is added to chapter 28B.15 RCW to read as follows:
     (1) Undergraduate students enrolled in a degree or certificate program at a state university, regional university, The Evergreen State College, or community college, and meeting one or more criteria under section 5 of this act shall pay a tuition surcharge in addition to the tuition and fees established under this title or set by the governing board of the institution.
     (2) The tuition surcharge under this section shall equal the average instructional support in state general funds and operating fees per full-time equivalent undergraduate for the prior academic year, as disclosed by the higher education coordinating board under RCW 28B.10.044, minus the operating fee per full-time equivalent resident undergraduate student for the prior academic year.
     (3) The average instructional support and operating fee used to calculate the tuition surcharge under this section shall be based on the institution where the student is enrolled, except a single average instructional support shall be used for all community colleges.
     (4) The amount of the tuition surcharge shall be prorated for part-time students based on the number of credits for which the student is registered.

NEW SECTION.  Sec. 5   A new section is added to chapter 28B.15 RCW to read as follows:
     Subject to the limitations in section 6 of this act, section 4 of this act shall apply to the following students:
     (1) Students enrolled in a four-year institution of higher education who have accumulated more than one hundred twenty percent of the number of credits required to complete a baccalaureate degree in their respective academic discipline;
     (2) Students enrolled in a community college who have accumulated more than one hundred twenty-two percent of the number of credits required to complete an associate degree or certificate in their respective academic or vocational program;
     (3) Students meeting an institution's definition of a full-time student at the beginning of an academic quarter or semester who drop courses during the quarter or semester and thereby fall below full-time status. Such students shall pay the tuition surcharge in section 4 of this act for all courses the student registered for at the beginning of the quarter or semester;
     (4) Students who have been placed on academic probation under policies established by the institution of higher education regarding low scholarship. Such students shall not be required to pay the tuition surcharge in section 4 of this act for the first quarter or semester of academic probation but shall pay the tuition surcharge for any subsequent quarter or semester that the student is considered on academic probation under policies established by the institution of higher education; and
     (5) Students who have been reinstated or readmitted to an institution of higher education after dismissal or disenrollment due to low scholarship. Such students shall pay the tuition surcharge in section 4 of this act for each quarter or semester the student is considered on academic probation under policies established by the institution of higher education.

NEW SECTION.  Sec. 6   A new section is added to chapter 28B.15 RCW to read as follows:
     (1) Credits earned in the following manner shall not be applied to the total credits accumulated for purposes of section 5 (1) and (2) of this act:
     (a) Credits earned at private institutions of higher education in the state of Washington, at public or private institutions of higher education in other states, or through advanced placement programs;
     (b) For former community or technical college students who transfer to a four-year institution of higher education, credits earned at a community or technical college that are in excess of the credits necessary to complete an associate degree;
     (c) Credits earned by a dislocated worker as defined by RCW 50.04.075 or any person engaging in a job training program under the purview of the work force training and education coordinating board;
     (d) Credits earned by students who are enrolled in institutionally established double-degree programs;
     (e) Credits earned by students participating in the border county higher education opportunity pilot project under RCW 28B.80.806; or
     (f) Credits earned by certificated teachers of the K-12 school system who are pursuing continuing education according to certification requirements.
     (2) Students who believe that extraordinary or unforeseen academic or personal circumstances or institutional constraints caused them to meet the criteria in section 5 of this act may petition the institution of higher education for a special waiver from the tuition surcharge imposed by section 4 of this act. The governing board of each institution of higher education shall create a process through which student petitions may be fairly processed, heard, and determined. The governing board of each institution of higher education may also impose a reasonable fee for students to file a waiver petition to defray the costs of administering the petition process and to discourage frivolous petition filings. A governing board shall refund the fee for students whose waiver petition is approved.