BILL REQ. #: H-2468.3
| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/28/07.
AN ACT Relating to higher education costs; amending RCW 28B.95.060, 28B.50.030, 28B.92.060, 28B.92.080, and 28B.15.820; reenacting and amending RCW 43.79A.040; adding new sections to chapter 28B.15 RCW; adding a new section to chapter 28B.95 RCW; adding new sections to chapter 28B.50 RCW; adding a new section to chapter 28B.92 RCW; adding a new section to chapter 28B.76 RCW; adding a new chapter to Title 28B RCW; creating new sections; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that access to
higher education is of critical importance to the current and future
prosperity of the citizens of the state of Washington. However, the
legislature further finds that the following three factors are creating
barriers to access for students:
(a) Tuition increases have varied dramatically over the last
decade, making the cost of postsecondary attendance unpredictable for
students and families.
(b) There are at least thirty separate state and federal programs
providing direct financial aid or tax benefits to individuals seeking
postsecondary education, in addition to institutional aid, private
scholarships, and other programs. The system is complicated and
difficult to understand, with the unfortunate effect of discouraging
some low-income students from even applying to college. Additionally,
some students are not able to access enough financial assistance to
make postsecondary education affordable.
(c) Students frequently must repeat college-level coursework when
transferring from one institution of higher education to another,
increasing their financial and time costs.
(2) Through implementing of a complementary and coordinated set of
policies around tuition, financial aid, and student transitions, the
legislature intends to make access to higher education a top priority.
NEW SECTION. Sec. 101 A new section is added to chapter 28B.15
RCW to read as follows:
(2) If in any year, the level of instructional state support per
full-time equivalent student at a public four-year institution does not
equal or exceed the amount of the previous year's instructional state
support adjusted for inflation using the implicit price deflator, the
tuition cap may be increased. In this circumstance, the governing
board of each impacted institution may elect to increase tuition and
fee revenues above the seven percent cap to a level sufficient to cover
the amount not received through the state appropriation. Upon meeting
the goal established in subsection (3) of this section, this authority
is suspended.
(3) The state shall adopt as its goal total per-student funding
levels, from state appropriations plus tuition and fees, of at least
the sixtieth percentile of total per-student funding at similar public
institutions of higher education in the global challenge states. The
office of financial management shall develop a funding trajectory for
each four-year institution of higher education and for the community
and technical college system as a whole that when combined with tuition
and fees revenue allows the state to achieve its funding goal for each
four-year institution and the community and technical college system as
a whole no later than fiscal year 2017. The state shall not reduce
enrollment levels below fiscal year 2007 budgeted levels in order to
improve or alter the per-student funding amount at any four-year
institution of higher education or the community and technical college
system as a whole. The state recognizes that each four-year
institution of higher education and the community and technical college
system as a whole have different funding requirements to achieve
desired performance levels, and that increases to the total per-student
funding amount may need to exceed the minimum funding goal.
(4) By September 1st of each year beginning in 2008, the office of
financial management shall report to the governor, the higher education
coordinating board, and appropriate committees of the legislature with
updated estimates of the total per-student funding level that
represents the sixtieth percentile of funding for comparable
institutions of higher education in the global challenge states, and
the progress toward that goal that was made for each of the public
institutions of higher education.
(5) As used in this section, "global challenge states" are the top
performing states on the new economy index published by the progressive
policy institute as of the effective date of this section. The new
economy index ranks states on indicators of their potential to compete
in the new economy. At least once every five years, the office of
financial management shall determine if changes to the list of global
challenge states are appropriate. The office of financial management
shall report its findings to the governor and the legislature.
NEW SECTION. Sec. 102 A new section is added to chapter 28B.15
RCW to read as follows:
NEW SECTION. Sec. 201 (1) The GET ready for math and science
scholarship program is established. The purpose of the program is to
provide scholarships to students who achieve level four on the
mathematics or science portions of the tenth grade Washington
assessment of student learning, major in a mathematics, science, or
related field in college, and commit to working in mathematics,
science, or a related field for at least three years in Washington
following completion of their bachelor's degree. The program shall be
administered by the nonprofit organization selected as the private
partner in the public-private partnership.
(2) The total annual amount of each GET ready for math and science
scholarship may vary, but shall not exceed the annual cost of resident
undergraduate tuition fees and mandatory fees at the University of
Washington. For full-time students, the amount of the scholarship
shall be as follows:
(a) Students with family incomes less than or equal to one hundred
percent of the state's median family income shall receive the maximum
scholarship award for the institution attended;
(b) Students whose incomes are greater than one hundred percent,
but less than or equal to one hundred fifty percent, of the state's
median family income shall receive fifty percent of the maximum award
for the institution attended; and
(c) Students whose incomes are greater than one hundred fifty
percent, but less than or equal to two hundred percent, of the state's
median family income shall receive twenty-five percent of the maximum
award for the institution attended.
(3) An eligible recipient may receive a GET ready for math and
science scholarship for up to one hundred eighty quarter credits, or
the semester equivalent, or for up to five years, whichever comes
first.
NEW SECTION. Sec. 202 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the higher education coordinating board.
(2) "GET units" means tuition units under the advanced college
tuition payment program in chapter 28B.95 RCW.
(3) "Institution of higher education" has the same meaning as in
RCW 28B.92.030.
(4) "Program administrator" means the private nonprofit corporation
that is registered under Title 24 RCW and qualified as a tax-exempt
entity under section 501(c)(3) of the federal internal revenue code,
that will serve as the private partner in the public-private
partnership under this chapter.
(5) "Qualified program" or "qualified major" means a mathematics,
science, or related degree program or major line of study offered by an
institution of higher education that is included on the list of
programs or majors selected by the board and the program administrator
under section 209 of this act.
NEW SECTION. Sec. 203 (1) An eligible student is a student who:
(a) Is eligible for resident tuition and fee rates as defined in
RCW 28B.15.012;
(b) Achieved level four on the mathematics or science portion of
the tenth grade Washington assessment of student learning;
(c) Has a family income at or below one hundred twenty-five percent
of the state median family income at the time the student applies for
a GET ready for math and science scholarship and for up to the two
previous years;
(d) Has declared an intention to complete a qualified program or
qualified major or has entered a qualified program or declared a
qualified major at an institution of higher education;
(e) Has declared an intention to work in a mathematics, science, or
related field in Washington for at least three years immediately
following completion of a bachelor's degree or higher degree.
(2) An eligible recipient is an eligible student who:
(a) Enrolls at an institution of higher education within one year
of graduating from high school;
(b) Maintains satisfactory academic progress, as defined by the
institution of higher education where the student is enrolled;
(c) Takes at least one college-level mathematics or science course
each term since enrolling in an institution of higher education; and
(d) Enters a qualified program or qualified major no later than the
end of the first term in which the student has junior level standing.
NEW SECTION. Sec. 204 (1) If the student enrolls in a qualified
program or declares a qualified major and the program or major is
subsequently removed from the list of qualified programs and qualified
majors by the board and the program administrator, the student's
eligibility to receive a GET ready for math and science scholarship
shall not be affected.
(2) If a student who received a GET ready for math and science
scholarship ceases to be enrolled in an institution of higher
education, withdraws or is no longer enrolled in a qualified program,
declares a major that is not a qualified major, or otherwise is no
longer eligible to receive a GET ready for math and science
scholarship, the student shall notify the program administrator as soon
as practicable and is not eligible for further GET ready for math and
science scholarship awards. Such a student shall also repay the amount
of the GET ready for math and science scholarship awarded to the
student as required by section 205 of this act.
NEW SECTION. Sec. 205 (1) A recipient of a GET ready for math
and science scholarship incurs an obligation to repay the scholarship,
with interest and an equalization fee, if he or she does not:
(a) Graduate with a bachelor's degree from a qualified program or
in a qualified major within five years of first enrolling at an
institution of higher education; and
(b) Work in Washington in a mathematics, science, or related
occupation full time for at least three years following completion of
a bachelor's degree, unless he or she is enrolled in a graduate degree
program as provided in subsection (4) of this section.
(2) A former scholarship recipient who has earned a bachelor's
degree shall annually verify to the board that he or she is working
full time in a mathematics, science, or related field for three years.
(3) If a former scholarship recipient begins but then stops working
full time in a mathematics, science, or related field within three
years following completion of a bachelor's degree, he or she shall pay
back a prorated portion of the amount of the GET ready for math and
science scholarship award received by the recipient, plus interest and
a prorated equalization fee.
(4) A recipient may postpone for up to three years his or her in-state work obligation if he or she enrolls full time in a graduate
degree program in mathematics, science, or a related field.
NEW SECTION. Sec. 206 The office of the superintendent of public
instruction shall:
(1) Notify elementary, middle, junior high, and high school
students, parents, teachers, counselors, principals, and the children's
administration of the department of social and health services about
the GET ready for math and science scholarship program;
(2) Notify students who achieve level four of the mathematics or
science Washington assessment of student learning in tenth grade that
they may be eligible to apply for a GET ready for math and science
scholarship and provide them with contact information for the program
administrator;
(3) Notify the program administrator and the board, as early as
possible during the fall of the students' junior year in high school,
of the names and contact information of all students who achieved level
four on the mathematics or science Washington assessment of student
learning during tenth grade so that the program administrator may
provide them with scholarship information; and
(4) Provide data showing the race, ethnicity, income, and other
available demographic information of students who achieve level four of
the math and science Washington assessment of student learning in the
tenth grade. Compare those data with comparable information on the
tenth grade student population as a whole. Submit a report with the
analysis to the committees responsible for education and higher
education in the legislature on December 1st of even-numbered years.
NEW SECTION. Sec. 207 The board shall:
(1) Purchase GET units to be owned and held in trust by the board,
for the purpose of scholarship awards as provided for in this section;
(2) Distribute scholarship funds, in the form of GET units or
through direct payments from the GET ready for math and science
scholarship account, to institutions of higher education on behalf of
eligible recipients identified by the program administrator;
(3) Provide the program administrator with annual reports regarding
enrollment, contact, and graduation information of GET ready for math
and science scholarship recipients, if the recipients have given
permission for the board to do so;
(4) Collect repayments from former scholarship recipients who do
not meet the eligibility criteria or work obligations; and
(5) Establish rules for scholarship repayment, approved leaves of
absence, deferments, and exceptions to recognize extenuating
circumstances that may impact students.
NEW SECTION. Sec. 208 The program administrator shall:
(1) Recruit a minimum of eight private partners to provide input
into the development and administration of the GET ready for math and
science program;
(2) Solicit and accept grants and donations from private sources to
match state funds appropriated for the GET ready for math and science
scholarship program;
(3) Develop and implement an application, selection, and
notification process for awarding GET ready for math and science
scholarships;
(4) Notify institutions of higher education of scholarship
recipients who will attend their institutions and inform them of the
terms of the students' eligibility; and
(5) Report to private donors on the program outcomes and facilitate
contact between scholarship recipients and donors, if the recipients
have given the program administrator permission to do so, in order for
donors to offer employment opportunities, internships, and career
information to recipients.
NEW SECTION. Sec. 209 The board and the program administrator
shall jointly determine criteria for qualifying undergraduate programs,
majors, and courses leading to a bachelor's degree in mathematics,
science, or a related field, offered by institutions of higher
education. The board shall publish the criteria for qualified courses,
and lists of qualified programs and qualified majors on its web site on
a biennial basis.
NEW SECTION. Sec. 210 (1) The GET ready for math and science
scholarship account is created in the custody of the state treasurer.
(2) The board shall deposit into the account all money received for
the GET ready for math and science scholarship program from
appropriations and private sources. The account shall be
self-sustaining.
(3) Expenditures from the account shall be used for scholarships to
eligible students and for purchases of GET units. Purchased GET units
shall be owned and held in trust by the board. Expenditures from the
account shall be an equal match of state appropriations and private
funds raised by the program administrator.
(4) With the exception of the operating costs associated with the
management of the account by the treasurer's office as authorized in
chapter 43.79A RCW, the account shall be credited with all investment
income earned by the account.
(5) Disbursements from the account are exempt from appropriations
and the allotment provisions of chapter 43.88 RCW.
(6) Disbursements from the account shall be made only on the
authorization of the board.
NEW SECTION. Sec. 211 A new section is added to chapter 28B.95
RCW to read as follows:
Ownership of tuition units purchased by the higher education
coordinating board for the GET ready for math and science scholarship
program under section 207 of this act shall be in the name of the state
of Washington and may be redeemed by the state of Washington on behalf
of recipients of GET ready for math and science scholarship program
scholarships for tuition and fees.
Sec. 212 RCW 28B.95.060 and 2000 c 14 s 5 are each amended to
read as follows:
(1) The Washington advanced college tuition payment program account
is created in the custody of the state treasurer. The account shall be
a discrete nontreasury account retaining its interest earnings in
accordance with RCW 43.79A.040.
(2)(a) Except as provided in (b) of this subsection, the governing
body shall deposit in the account all money received for the program.
The account shall be self-sustaining and consist of payments received
from purchasers of tuition units and funds received from other sources,
public or private. With the exception of investment and operating
costs associated with the investment of money by the investment board
paid under RCW 43.33A.160 and 43.84.160, the account shall be credited
with all investment income earned by the account. Disbursements from
the account are exempt from appropriations and the allotment provisions
of chapter 43.88 RCW. Money used for program administration is subject
to the allotment of all expenditures. However, an appropriation is not
required for such expenditures. Program administration shall include,
but not be limited to: The salaries and expenses of the program
personnel including lease payments, travel, and goods and services
necessary for program operation; contracts for program promotion and
advertisement, audits, and account management; and other general costs
of conducting the business of the program.
(b) All money received by the program from the higher education
coordinating board for the GET ready for math and science scholarship
program shall be deposited in the GET ready for math and science
scholarship account created in section 210 of this act.
(3) The assets of the account may be spent without appropriation
for the purpose of making payments to institutions of higher education
on behalf of the qualified beneficiaries, making refunds, transfers, or
direct payments upon the termination of the Washington advanced college
tuition payment program. Disbursements from the account shall be made
only on the authorization of the governing body.
(4) With regard to the assets of the account, the state acts in a
fiduciary, not ownership, capacity. Therefore the assets of the
program are not considered state money, common cash, or revenue to the
state.
Sec. 213 RCW 43.79A.040 and 2006 c 311 s 21 and 2006 c 120 s 2
are each reenacted and amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury.
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment
fund, the foster care scholarship endowment fund, the foster care
endowed scholarship trust fund, the students with dependents grant
account, the basic health plan self-insurance reserve account, the
contract harvesting revolving account, the Washington state combined
fund drive account, the commemorative works account, the Washington
international exchange scholarship endowment fund, the developmental
disabilities endowment trust fund, the energy account, the fair fund,
the fruit and vegetable inspection account, the future teachers
conditional scholarship account, the game farm alternative account, the
GET ready for math and science scholarship account, the grain
inspection revolving fund, the juvenile accountability incentive
account, the law enforcement officers' and fire fighters' plan 2
expense fund, the local tourism promotion account, the produce railcar
pool account, the regional transportation investment district account,
the rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, the children's
trust fund, the Washington horse racing commission Washington bred
owners' bonus fund account, the Washington horse racing commission
class C purse fund account, the individual development account program
account, the Washington horse racing commission operating account
(earnings from the Washington horse racing commission operating account
must be credited to the Washington horse racing commission class C
purse fund account), the life sciences discovery fund, and the reading
achievement account. However, the earnings to be distributed shall
first be reduced by the allocation to the state treasurer's service
fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right of way
revolving fund, the advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 301 The legislature finds that:
(1) The economic trends of globalization and technological change
are increasing the demand for higher and differently skilled workers
than in the past;
(2) Increasing Washington's economic competitiveness requires
increasing the supply of skilled workers in the state;
(3) Improving the labor market competitiveness of all Washington
residents requires that all residents have access to postsecondary
education; and
(4) Community and technical college workforce training programs and
Washington state apprenticeship and training council-approved
apprenticeship programs provide effective and efficient pathways for
people to enter high wage, high skill careers while also meeting the
needs of the economy.
NEW SECTION. Sec. 302 A new section is added to chapter 28B.50
RCW to read as follows:
(1) The college board shall develop and implement a workforce
education program known as the opportunity grant program to provide
funding for students enrolled at qualified institutions of higher
education in opportunity grant-eligible programs of study as described
in section 304 of this act. Students enrolled in the opportunity grant
program are eligible for:
(a) Funding for tuition and mandatory fees at the public community
and technical college rate, prorated if the credit load is less than
full time, paid directly to the educational institution; and
(b) An additional one thousand dollars per academic year for books,
tools, and supplies, prorated if the credit load is less than full
time.
(2) Funding under subsection (1)(a) and (b) of this section is
limited to a maximum forty-five credits or the equivalent in an
opportunity grant-eligible program of study, including required related
courses. No student may receive opportunity grant funding for more
than forty-five credits or for more than three years from initial
receipt of grant funds in one or a combination of programs.
NEW SECTION. Sec. 303 A new section is added to chapter 28B.50
RCW to read as follows:
(1) To be eligible for participation in the opportunity grant
program established in section 302 of this act, a student must:
(a) Be a Washington resident student as defined in RCW 28B.15.012
enrolled in an opportunity grant-eligible program of study; and
(b)(i) Be enrolled on or after January 1, 2008, but before January
1, 2010, and have a family income that is at or below two hundred
percent of the federal poverty level using the most current guidelines
available from the United States department of health and human
services;
(ii) Be enrolled on or after January 1, 2010, but before January 1,
2012, and have a family income that is at or below the state median
family income using the state need grant schedule for the same academic
year; or
(iii) Be enrolled in a qualified institution of higher education on
or after January 1, 2012.
(2) Upon enrolling, the student must provide evidence of commitment
to complete the program. The student must make satisfactory progress
and maintain a cumulative 2.0 grade point average for continued
eligibility. If a student's cumulative grade point average falls below
2.0, the student may petition the institution of higher education of
attendance. The qualified institution of higher education has the
authority to establish a probationary period until such time as the
student's grade point average reaches required standards.
(3) Subject to funds appropriated for this specific purpose,
qualified institutions of higher education shall receive an enhancement
of one thousand five hundred dollars for each full-time equivalent
student enrolled in the opportunity grant program whose income is below
two hundred percent of the federal poverty level. The funds shall be
used for individualized support services which may include, but are not
limited to, college and career advising, tutoring, emergency child
care, and emergency transportation. The qualified institution of
higher education is expected to help students access all financial
resources and support services available to them through alternative
sources.
(4) The college board shall be accountable for student retention
and completion of opportunity grant-eligible programs of study. It
shall set annual performance measures and targets and monitor the
performance at all qualified institutions of higher education. The
college board must reduce funding at institutions of higher education
that do not meet targets for two consecutive years, based on criteria
developed by the college board.
(5) The college board and higher education coordinating board shall
work together to ensure that students participating in the opportunity
grant program:
(a) Receive all other state and federal financial aid to which they
are entitled while receiving an opportunity grant; and
(b) Receive priority for state and federal financial aid when
pursuing a subsequent related credential, certificate, or degree at a
two or four-year institution of higher education, after completing the
opportunity grant program.
(6) The college board and higher education coordinating board shall
document the amount of opportunity grant assistance and the types and
amounts of other sources of financial aid received by participating
students. Annually, they shall produce a summary of the data.
(7) The college board shall:
(a) Begin developing the program no later than August 1, 2007, with
student enrollment to begin no later than January 14, 2008; and
(b) Submit a progress report to the legislature by December 1,
2008.
(8) The college board may, in implementing the opportunity grant
program, accept, use, and expend or dispose of contributions of money,
services, and property. All such moneys received by the college board
for the program must be deposited in an account at a depository
approved by the state treasurer. Only the college board or a duly
authorized representative thereof may authorize expenditures from this
account. In order to maintain an effective expenditure and revenue
control, the account is subject in all respects to chapter 43.88 RCW,
but no appropriation is required to permit expenditure of moneys in the
account.
NEW SECTION. Sec. 304 A new section is added to chapter 28B.50
RCW to read as follows:
The college board, in partnership with business, labor, and the
workforce training and education coordinating board, shall:
(1) Identify job specific training programs offered by qualified
postsecondary institutions that lead to a credential, certificate, or
degree in high demand occupations, which are occupations where data
show that employer demand for workers exceeds the supply of qualified
job applicants throughout the state or in a specific region, and where
training capacity is underutilized;
(2) Gain recognition of the credentials, certificates, and degrees
by Washington's employers and labor organizations. The college board
shall designate these recognized credentials, certificates, and degrees
as "opportunity grant-eligible programs of study"; and
(3) Market the credentials, certificates, and degrees to potential
students, businesses, and apprenticeship programs as a way for
individuals to advance in their careers and to better meet the needs of
industry.
NEW SECTION. Sec. 305 A new section is added to chapter 28B.50
RCW to read as follows:
(1) Community and technical colleges shall partner with local
workforce development councils to develop the opportunity partnership
program. The opportunity partnership program may be newly developed or
part of an existing program, and shall provide mentoring to students
participating in the opportunity grant program. The program must
develop criteria and identify opportunity grant students who would
benefit by having a mentor. Each participating student shall be
matched with a business or labor mentor employed in the field in which
the student is interested. The mentor shall help the student explore
careers and employment options through any combination of tours,
informational interviews, job shadowing, and internships.
(2) Subject to funds appropriated for this specific purpose, the
workforce training and education coordinating board shall create the
opportunity partnership program. The board, in partnership with
business, labor, and the college board, shall determine the criteria
for the distribution of funds.
(3) The board may, in implementing this section, accept, use, and
dispose of contributions of money, services, and property. All moneys
received by the board for the purposes of this section must be
deposited in a depository approved by the state treasurer. Only the
board or a duly authorized representative thereof may authorize
expenditures from this account. In order to maintain an effective
expenditure and revenue control, the account is subject in all respects
to chapter 43.88 RCW, but no appropriation is required to permit
expenditure of moneys in the account.
Sec. 306 RCW 28B.50.030 and 2005 c 258 s 8 are each amended to
read as follows:
As used in this chapter, unless the context requires otherwise, the
term:
(1) "System" shall mean the state system of community and technical
colleges, which shall be a system of higher education.
(2) "Board" shall mean the work force training and education
coordinating board.
(3) "College board" shall mean the state board for community and
technical colleges created by this chapter.
(4) "Director" shall mean the administrative director for the state
system of community and technical colleges.
(5) "District" shall mean any one of the community and technical
college districts created by this chapter.
(6) "Board of trustees" shall mean the local community and
technical college board of trustees established for each college
district within the state.
(7) "Occupational education" shall mean that education or training
that will prepare a student for employment that does not require a
baccalaureate degree, and education and training leading to an applied
baccalaureate degree.
(8) "K-12 system" shall mean the public school program including
kindergarten through the twelfth grade.
(9) "Common school board" shall mean a public school district board
of directors.
(10) "Community college" shall include those higher education
institutions that conduct education programs under RCW 28B.50.020.
(11) "Technical college" shall include those higher education
institutions with the sole mission of conducting occupational
education, basic skills, literacy programs, and offering on short
notice, when appropriate, programs that meet specific industry needs.
The programs of technical colleges shall include, but not be limited
to, continuous enrollment, competency-based instruction, industry-experienced faculty, curriculum integrating vocational and basic skills
education, and curriculum approved by representatives of employers and
labor. For purposes of this chapter, technical colleges shall include
Lake Washington Vocational-Technical Institute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park
Vocational Institute, and Bellingham Vocational-Technical Institute.
(12) "Adult education" shall mean all education or instruction,
including academic, vocational education or training, basic skills and
literacy training, and "occupational education" provided by public
educational institutions, including common school districts for persons
who are eighteen years of age and over or who hold a high school
diploma or certificate. However, "adult education" shall not include
academic education or instruction for persons under twenty-one years of
age who do not hold a high school degree or diploma and who are
attending a public high school for the sole purpose of obtaining a high
school diploma or certificate, nor shall "adult education" include
education or instruction provided by any four year public institution
of higher education.
(13) "Dislocated forest product worker" shall mean a forest
products worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in
the individual's principal occupation or previous industry because of
a diminishing demand for his or her skills in that occupation or
industry; or (ii) is self-employed and has been displaced from his or
her business because of the diminishing demand for the business'
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural resources
impact area.
(14) "Forest products worker" shall mean a worker in the forest
products industries affected by the reduction of forest fiber
enhancement, transportation, or production. The workers included
within this definition shall be determined by the employment security
department, but shall include workers employed in the industries
assigned the major group standard industrial classification codes "24"
and "26" and the industries involved in the harvesting and management
of logs, transportation of logs and wood products, processing of wood
products, and the manufacturing and distribution of wood processing and
logging equipment. The commissioner may adopt rules further
interpreting these definitions. For the purposes of this subsection,
"standard industrial classification code" means the code identified in
RCW 50.29.025(3).
(15) "Dislocated salmon fishing worker" means a finfish products
worker who: (a)(i) Has been terminated or received notice of
termination from employment and is unlikely to return to employment in
the individual's principal occupation or previous industry because of
a diminishing demand for his or her skills in that occupation or
industry; or (ii) is self-employed and has been displaced from his or
her business because of the diminishing demand for the business's
services or goods; and (b) at the time of last separation from
employment, resided in or was employed in a rural natural resources
impact area.
(16) "Salmon fishing worker" means a worker in the finfish industry
affected by 1994 or future salmon disasters. The workers included
within this definition shall be determined by the employment security
department, but shall include workers employed in the industries
involved in the commercial and recreational harvesting of finfish
including buying and processing finfish. The commissioner may adopt
rules further interpreting these definitions.
(17) "Rural natural resources impact area" means:
(a) A nonmetropolitan county, as defined by the 1990 decennial
census, that meets three of the five criteria set forth in subsection
(18) of this section;
(b) A nonmetropolitan county with a population of less than forty
thousand in the 1990 decennial census, that meets two of the five
criteria as set forth in subsection (18) of this section; or
(c) A nonurbanized area, as defined by the 1990 decennial census,
that is located in a metropolitan county that meets three of the five
criteria set forth in subsection (18) of this section.
(18) For the purposes of designating rural natural resources impact
areas, the following criteria shall be considered:
(a) A lumber and wood products employment location quotient at or
above the state average;
(b) A commercial salmon fishing employment location quotient at or
above the state average;
(c) Projected or actual direct lumber and wood products job losses
of one hundred positions or more;
(d) Projected or actual direct commercial salmon fishing job losses
of one hundred positions or more; and
(e) An unemployment rate twenty percent or more above the state
average. The counties that meet these criteria shall be determined by
the employment security department for the most recent year for which
data is available. For the purposes of administration of programs
under this chapter, the United States post office five-digit zip code
delivery areas will be used to determine residence status for
eligibility purposes. For the purpose of this definition, a zip code
delivery area of which any part is ten miles or more from an urbanized
area is considered nonurbanized. A zip code totally surrounded by zip
codes qualifying as nonurbanized under this definition is also
considered nonurbanized. The office of financial management shall make
available a zip code listing of the areas to all agencies and
organizations providing services under this chapter.
(19) "Applied baccalaureate degree" means a baccalaureate degree
awarded by a college under RCW 28B.50.810 for successful completion of
a program of study that is:
(a) Specifically designed for individuals who hold an associate of
applied science degree, or its equivalent, in order to maximize
application of their technical course credits toward the baccalaureate
degree; and
(b) Based on a curriculum that incorporates both theoretical and
applied knowledge and skills in a specific technical field.
(20) "Qualified institutions of higher education" means:
(a) Washington public community and technical colleges;
(b) Private career schools that are members of an accrediting
association recognized by rule of the higher education coordinating
board for the purposes of chapter 28B.92 RCW; and
(c) Washington state apprenticeship and training council-approved
apprenticeship programs.
Sec. 401 RCW 28B.92.060 and 2005 c 93 s 3 are each amended to
read as follows:
In awarding need grants, the board shall proceed substantially as
follows: PROVIDED, That nothing contained herein shall be construed to
prevent the board, in the exercise of its sound discretion, from
following another procedure when the best interest of the program so
dictates:
(1) The board shall annually select the financial aid award
recipients from among Washington residents applying for student
financial aid who have been ranked according to:
(a) Financial need as determined by the amount of the family
contribution; and
(b) Other considerations, such as whether the student is a former
foster youth.
(2) The financial need of the highest ranked students shall be met
by grants depending upon the evaluation of financial need until the
total allocation has been disbursed. Funds from grants which are
declined, forfeited or otherwise unused shall be reawarded until
disbursed, except that eligible former foster youth shall be assured
receipt of a grant.
(3) A student shall be eligible to receive a state need grant for
up to five years, or the credit or clock hour equivalent of five years,
or up to one hundred twenty-five percent of the published length of
time of the student's program. A student may not start a new associate
degree program as a state need grant recipient until at least five
years have elapsed since earning an associate degree as a need grant
recipient, except that a student may earn two associate degrees
concurrently. Qualifications for renewal will include maintaining
satisfactory academic progress toward completion of an eligible program
as determined by the board. Should the recipient terminate his or her
enrollment for any reason during the academic year, the unused portion
of the grant shall be returned to the state educational grant fund by
the institution according to the institution's own policy for issuing
refunds, except as provided in RCW 28B.92.070.
(4) In computing financial need, the board shall determine a
maximum student expense budget allowance, not to exceed an amount equal
to the total maximum student expense budget at the public institutions
plus the current average state appropriation per student for operating
expense in the public institutions.
(5)(a) A student who is enrolled in three to six credit-bearing
quarter credits, or the equivalent semester credits, may receive a
grant for up to one academic year before beginning a program that leads
to a degree or certificate.
(b) An eligible student enrolled on a less-than-full-time basis
shall receive a prorated portion of his or her state need grant for any
academic period in which he or she is enrolled on a less-than-full-time
basis, as long as funds are available.
(c) An institution of higher education may award a state need grant
to an eligible student on a provisional basis before the student
completes the required free application for federal student aid if:
(i) The student has not previously received a state need grant from
that institution;
(ii) The institution has conducted a review of the student's
financial condition, and the financial condition of the student's
family if the student is a dependent student, and has determined that
the student is likely eligible for a state need grant; and
(iii) The student has signed a document attesting to the fact that
the financial information the student provided to the institution is
accurate and complete and that the student agrees to repay the
institution for the grant amount if the student is subsequently deemed
to be ineligible for a state need grant.
(d) An institution of higher education that awards a student a
state need grant on a provisional basis shall require the student to
submit his or her free application for federal student aid by no later
than the forty-fifth day of the quarter or sixtieth day of the semester
in which the student received the provisional grant.
(e) A student who fails to submit the free application for federal
student aid by the forty-fifth day of the quarter or the sixtieth day
of the semester in which the student receives a provisional grant shall
be deemed to have been ineligible to receive a state need grant for
that quarter or semester, and shall repay the amount of the grant. In
the case of exceptional circumstances, a school may extend the time
period in which a particular student must submit the free application
for federal student aid. However, that time period may not be extended
beyond the last day of the quarter or semester in which the student
received a provisional grant.
(f) No student who is required to repay a provisional state need
grant is eligible to receive a subsequent state need grant until the
student has repaid the provisional grant in full.
(6) As used in this section, "former foster youth" means a person
who is at least eighteen years of age, but not more than twenty-four
years of age, who was a dependent of the department of social and
health services at the time he or she attained the age of eighteen.
Sec. 402 RCW 28B.92.080 and 2004 c 275 s 39 are each amended to
read as follows:
For a student to be eligible for a state need grant a student must:
(1) Be a "needy student" or "disadvantaged student" as determined
by the board in accordance with RCW 28B.92.030 (3) and (4).
(2) Have been domiciled within the state of Washington for at least
one year.
(3) Be enrolled or accepted for enrollment ((on at least a half-time basis)) for at least three quarter credits or the equivalent
semester credits at an institution of higher education in Washington as
defined in RCW 28B.92.030(1).
(4) Have complied with all the rules and regulations adopted by the
board for the administration of this chapter.
NEW SECTION. Sec. 403 A new section is added to chapter 28B.92
RCW to read as follows:
Institutions of higher education are encouraged to review their
policies and procedures regarding financial aid for students taking a
less-than-half-time course load, and to implement policies and
procedures providing students taking a less-than-half-time course load
with the same access to institutional aid, including tuition waivers,
as provided to students enrolled half time or more.
Sec. 404 RCW 28B.15.820 and 2004 c 275 s 66 are each amended to
read as follows:
(1) Each institution of higher education, including technical
colleges, shall deposit a minimum of three and one-half percent of
revenues collected from tuition and services and activities fees in an
institutional financial aid fund that is hereby created and which shall
be held locally. Moneys in the fund shall be used only for the
following purposes: (a) To make guaranteed long-term loans to eligible
students as provided in subsections (3) through (8) of this section;
(b) to make short-term loans as provided in subsection (9) of this
section; or (c) to provide financial aid to needy students as provided
in subsection (10) of this section.
(2) An "eligible student" for the purposes of subsections (3)
through (8) and (10) of this section is a student registered for at
least ((six)) three credit hours or the equivalent, who is eligible for
resident tuition and fee rates as defined in RCW 28B.15.012 and
28B.15.013, and who is a "needy student" as defined in RCW 28B.92.030.
(3) The amount of the guaranteed long-term loans made under this
section shall not exceed the demonstrated financial need of the
student. Each institution shall establish loan terms and conditions
which shall be consistent with the terms of the guaranteed loan program
established by 20 U.S. Code Section 1071 et seq., as now or hereafter
amended. All loans made shall be guaranteed by the Washington student
loan guaranty association or its successor agency. Institutions are
hereby granted full authority to operate as an eligible lender under
the guaranteed loan program.
(4) Before approving a guaranteed long-term loan, each institution
shall analyze the ability of the student to repay the loan based on
factors which include, but are not limited to, the student's
accumulated total education loan burdens and the employment
opportunities and average starting salary characteristics of the
student's chosen fields of study. The institution shall counsel the
student on the advisability of acquiring additional debt, and on the
availability of other forms of financial aid.
(5) Each institution is responsible for collection of guaranteed
long-term loans made under this section and shall exercise due
diligence in such collection, maintaining all necessary records to
insure that maximum repayments are made. Institutions shall cooperate
with other lenders and the Washington student loan guaranty
association, or its successor agency, in the coordinated collection of
guaranteed loans, and shall assure that the guarantability of the loans
is not violated. Collection and servicing of guaranteed long-term
loans under this section shall be performed by entities approved for
such servicing by the Washington student loan guaranty association or
its successor agency: PROVIDED, That institutions be permitted to
perform such servicing if specifically recognized to do so by the
Washington student loan guaranty association or its successor agency.
Collection and servicing of guaranteed long-term loans made by
community colleges under subsection (1) of this section shall be
coordinated by the state board for community and technical colleges and
shall be conducted under procedures adopted by the state board.
(6) Receipts from payment of interest or principal or any other
subsidies to which institutions as lenders are entitled, that are paid
by or on behalf of borrowers of funds under subsections (3) through (8)
of this section, shall be deposited in each institution's financial aid
fund and shall be used to cover the costs of making the guaranteed
long-term loans under this section and maintaining necessary records
and making collections under subsection (5) of this section: PROVIDED,
That such costs shall not exceed five percent of aggregate outstanding
loan principal. Institutions shall maintain accurate records of such
costs, and all receipts beyond those necessary to pay such costs, shall
be deposited in the institution's financial aid fund.
(7) The governing boards of the state universities, the regional
universities, and The Evergreen State College, and the state board for
community and technical colleges, on behalf of the community colleges
and technical colleges, shall each adopt necessary rules and
regulations to implement this section.
(8) First priority for any guaranteed long-term loans made under
this section shall be directed toward students who would not normally
have access to educational loans from private financial institutions in
Washington state, and maximum use shall be made of secondary markets in
the support of loan consolidation.
(9) Short-term loans, not to exceed one year, may be made from the
institutional financial aid fund to students enrolled in the
institution. No such loan shall be made to any student who is known by
the institution to be in default or delinquent in the payment of any
outstanding student loan. A short-term loan may be made only if the
institution has ample evidence that the student has the capability of
repaying the loan within the time frame specified by the institution
for repayment.
(10) Any moneys deposited in the institutional financial aid fund
that are not used in making long-term or short-term loans may be used
by the institution for locally-administered financial aid programs for
needy students, such as need-based institutional employment programs or
need-based tuition and fee scholarship or grant programs. These funds
shall be used in addition to and not to replace institutional funds
that would otherwise support these locally-administered financial aid
programs. First priority in the use of these funds shall be given to
needy students who have accumulated excessive educational loan burdens.
An excessive educational loan burden is a burden that will be difficult
to repay given employment opportunities and average starting salaries
in the student's chosen fields of study. Second priority in the use of
these funds shall be given to needy single parents, to assist these
students with their educational expenses, including expenses associated
with child care and transportation.
NEW SECTION. Sec. 501 (1) The higher education coordinating
board shall conduct a review of:
(a) The current types and amounts of need-based financial aid
available to students in Washington from state, federal, and
institutional sources, with information on the eligible population for
each source; and
(b) The level of understanding of available financial aid and
requirements for accessing the aid, among high school students, high
school parents, and college students.
(2) Based on the results of the review, the higher education
coordinating board shall develop and propose a plan to:
(a) Simplify the delivery of financial aid;
(b) Provide easy access to high quality financial aid information;
and
(c) Address gaps in the financial aid system.
(3) The board shall submit its plan to the fiscal and higher
education committees of the legislature by December 20, 2007, and shall
coordinate its research and development with the state board for
community and technical colleges and the superintendent of public
instruction.
(4) The board may, in carrying out this study, accept, use, and
dispose of contributions of money, services, and property. All moneys
received by the board for the study must be deposited in a depository
approved by the state treasurer. Disbursements of such funds shall be
on authorization of the institute or a duly authorized representative
thereof. In order to maintain an effective expenditure and revenue
control, such funds are subject in all respects to chapter 43.88 RCW,
but no appropriation is required to permit expenditure of such funds.
(5) This section expires December 31, 2007.
NEW SECTION. Sec. 601 A new section is added to chapter 28B.76
RCW to read as follows:
(1) The legislature desires to make transitions among high school,
two-year, and four-year institutions of higher education through a
standard practice, whether through course design, common course
numbering, or transfer agreements. The legislature recognizes that
significant progress has been accomplished in this area through a joint
access oversight group. However, challenges that still exist lead to
unnecessary time and money costs for students. The higher education
coordinating board, in collaboration with the state board for community
and technical colleges and the council of presidents, shall convene a
work group that includes representatives of the public baccalaureate
institutions and the community and technical colleges. The work group
may include representatives from independent four-year institutions as
appropriate. The work group shall be responsible for identifying and
examining:
(a) The criteria and circumstances under which courses that
transfer within an associate degree program do and do not transfer
separately from a degree;
(b) A comprehensive list of additional major-related program
agreements that are needed to best prepare transfer students for
specific baccalaureate majors;
(c) The current availability of baccalaureate degree programs into
which associate of applied science technical degrees transfer, and a
list of those to be considered in the future; and
(d) The transferability of advanced placement courses, and other
college-level and dual credit coursework taken during high school.
(2) Based upon the information identified by the work group in
subsection (1) of this section, the work group shall provide the higher
education coordinating board with a recommended work plan and timetable
to improve transfer, that includes: (a) Options for course and degree
transfer, (b) an expansion of baccalaureate degree options for
graduates of associate of applied science technical degree programs,
and (c) recommended strategies to improve student understanding of
courses that are appropriate for transfer into various types of
baccalaureate degrees. The higher education coordinating board, in
collaboration with the state board for community and technical colleges
and the council of presidents, shall review and modify the work group's
recommendations as necessary.
(3) The higher education coordinating board shall report to the
higher education committees of the house of representatives and the
senate on the work plan, its implementation, and any resulting policy
changes on an annual basis, beginning January 10, 2008.
NEW SECTION. Sec. 701 Part headings and captions used in this
act are not any part of the law.
NEW SECTION. Sec. 702 Sections 201 through 210 of this act
constitute a new chapter in Title