BILL REQ. #: H-1628.2
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/07/2007. Referred to Committee on Higher Education.
AN ACT Relating to increasing access to higher education; amending RCW 28B.92.060, 28B.92.080, 28B.15.820, 28B.50.030, and 28B.76.250; adding new sections to chapter 28B.15 RCW; adding a new section to chapter 28B.92 RCW; adding new sections to chapter 28B.50 RCW; adding a new chapter to Title 28B RCW; creating new sections; making appropriations; providing an expiration date; and declaring an emergency.
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 paramount importance to 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.
(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) 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.
(3) 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.
(4) 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:
Sec. 201 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.)) The state need grant award for an individual student shall be
the base grant, appropriate for the educational sector attended, and a
dependent care allowance, if applicable, adjusted for the student's
family income and rate of enrollment.
(5)
(5) The maximum base grant for students shall:
(a) Be established based on the representative average resident
tuition, service, and activity fees charged within each public sector
of higher education. The average is to be determined annually by the
higher education coordinating board. The amount of the base grant may
be less than the actual average if the higher education coordinating
board finds it necessary to be able to serve the expected number of
eligible students;
(b) Not exceed the actual tuition and fees charged to the eligible
student; and
(c) Be the same for students attending private four-year
institutions of higher education and students attending the public
four-year research universities. The base grant for students attending
private vocational institutions shall be the same as students attending
the public community and technical colleges.
(6)(a) For full-time students, the amount of the state need grant
shall be as follows:
(i) Students with family incomes less than or equal to fifty
percent of the state's median family income shall receive the maximum
award;
(ii) Students whose incomes are greater than fifty percent, but
less than or equal to sixty-five percent, of the state's median family
income shall receive seventy-five percent of the maximum award;
(iii) Students whose incomes are greater than sixty-five percent,
but less than or equal to seventy-five percent, of the state's median
family income shall receive fifty percent of the maximum award;
(iv) Students whose incomes are greater than seventy-five percent,
but less than or equal to eighty-five percent, of the state's median
family income shall receive twenty-five percent of the maximum award;
and
(v) Each eligible grant recipient must receive the maximum grant
award for which he or she is eligible, unless the award would exceed
the student's overall need or the institution's approved gift equity
packaging policy.
(b) Students attending less than full time shall have their grants
prorated based on attendance.
(7)(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.
(8) 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. 301 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. 302 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. 303 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. 401 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. 402 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 404 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. 403 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 402 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 July 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. 404 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 employer
demand for workers exceeds the supply of qualified job applicants
throughout the state or in a specific region;
(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. 405 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. 406 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.
NEW SECTION. Sec. 501 (1)(a) The legislature finds that in
Washington, there are more than seven thousand three hundred children
in foster family or group care. These children face unique obstacles
and burdens as they transition to adulthood, including lacking
continuity in their elementary and high school educations. As compared
to the general population of students, twice as many foster care youth
change schools at least once during their elementary and secondary
school careers, and three times as many change schools at least three
times. Only thirty-four percent of foster care youth graduate from
high school within four years, compared to seventy percent for the
general population. Of the former foster care youth who earn a high
school diploma, more than twenty-eight percent earn a GED instead of a
traditional high school diploma. This is almost six times the rate of
the general population. Research indicates that GED holders tend not
to be as economically successful as the holders of traditional high
school diplomas. Only twenty percent of former foster care youth who
earn a high school degree enroll in college, compared to over sixty
percent of the population generally. Of the former foster care youth
who do enroll in college, very few go on to earn a degree. Less than
two percent of former foster care youth hold bachelor's degrees,
compared to twenty-eight percent of Washington's population generally.
(b) Former foster care youth face two critical hurdles to enrolling
in college. The first is a lack of information regarding preparation
for higher education and their options for enrolling in higher
education. The second is finding the financial resources to fund their
education. As a result of the unique hurdles and challenges that face
former foster care youth, a disproportionate number of them are part of
society's large group of marginalized youth and are at increased risk
of continuing the cycle of poverty and violence that frequently plagues
their families.
(c) Former foster care youth suffer from mental health problems at
a rate greater than that of the general population. For example, one
in four former foster care youth report having suffered from
posttraumatic stress disorder within the previous twelve months,
compared to only four percent of the general population. Similarly,
the incidence of major depression among former foster care youth is
twice that of the general population, twenty percent versus ten
percent.
(d) There are other barriers for former foster care youth to
achieving successful adulthood. One-third of former foster care youth
live in households that are at or below the poverty level. This is
three times the rate for the general population. The percentage of
former foster care youth who report being homeless within one year of
leaving foster care varies from over ten percent to almost twenty-five
percent. By comparison, only one percent of the general population
reports having been homeless at sometime during the past year. One in
three former foster care youth lack health insurance, compared to less
than one in five people in the general population. One in six former
foster care youth receive cash public assistance. This is five times
the rate of the general population.
(e) Approximately twenty-five percent of former foster care youth
are incarcerated at sometime after leaving foster care. This is four
times the rate of incarceration for the general population. Of the
former foster care youth who "age out" of foster care, twenty-seven
percent of the males and ten percent of the females are incarcerated
within twelve to eighteen months of leaving foster care.
(f) Female former foster care youth become sexually active more
than seven months earlier than their nonfoster care counterparts, have
more sexual partners, and have a mean age of first pregnancy of almost
two years earlier than their peers who were not in foster care.
(2) The legislature further finds that a court may order a
noncustodial parent to pay for some or all of their children's
reasonable higher education costs. With respect to youth who have been
in the foster care system during their adolescent years, and
particularly with respect to youth who age out of the foster care
system, the state has a duty to these youth that is not less than that
of a noncustodial parent.
(3) The legislature intends to create the passport to college
promise program that will have two primary components, as follows:
(a) Significantly increasing outreach to foster care youth between
the ages of fifteen and eighteen regarding the higher education
opportunities available to them, how to apply to college, and how to
apply for and obtain financial aid; and
(b) Providing financial aid to former foster care youth to ensure
that the entire costs of their public undergraduate college education
are paid for.
NEW SECTION. Sec. 502 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Cost of attendance" means the cost associated with attending
a particular institution of higher education as determined by the
higher education coordinating board, including but not limited to
tuition, fees, room, board, books, and transportation, plus a cost-of-living enhancement equal to fifty percent of the room and board cost
for undergraduate students living on campus.
(2) "Eligible student" means a student who:
(a) Is between the ages of sixteen and twenty-six;
(b) Has been in foster care in the state of Washington for a
minimum of six months since his or her fifteenth birthday;
(c) Is a resident student, as defined in RCW 28B.15.012(2);
(d) Has enrolled with or will enroll with an institution of higher
education in Washington state by the age of twenty-one;
(e) Is making satisfactory progress toward the completion of a
degree or certificate program;
(f) Has not earned a bachelor's or professional degree; and
(g) Is not pursuing a degree in theology.
(3) "Independent college or university" means a private, nonprofit
institution of higher education, open to residents of the state,
providing programs of education beyond the high school level leading to
at least the baccalaureate degree, and accredited by the Northwest
association of schools and colleges, and other institutions as may be
developed that are approved by the higher education coordinating board
as meeting equivalent standards as those institutions accredited under
this section.
(4) "Institution of higher education" means:
(a) Any public university, college, community college, or technical
college operated by the state of Washington or any political
subdivision thereof; or
(b) Any other university, college, school, or institute in the
state of Washington offering instruction beyond the high school level
that is a member institution of an accrediting association recognized
by rule of the higher education coordinating board for the purposes of
this section: PROVIDED, That any institution, branch, extension, or
facility operating within the state of Washington that is affiliated
with an institution operating in another state must be a separately
accredited member institution of any such accrediting association, or
a branch of a member institution of an accrediting association
recognized by rule of the board for purposes of this section, that is
eligible for federal student financial aid assistance and has operated
as a nonprofit college or university delivering on-site classroom
instruction for a minimum of twenty consecutive years within the state
of Washington, and has an annual enrollment of at least seven hundred
full-time equivalent students.
(5) "Program" means the passport to college promise program created
in this chapter.
NEW SECTION. Sec. 503 The passport to college promise program is
created. The purpose of the program is:
(1) To encourage current and former foster care youth to prepare
for, attend, and successfully complete higher education; and
(2) To provide current and former foster care youth with the
educational planning, information, institutional support, and direct
financial resources necessary for them to succeed in higher education.
NEW SECTION. Sec. 504 (1) Institutions of higher education are
encouraged to recruit and actively assist current and former foster
care youth to attend institutions of higher education. Any institution
of higher education that receives funds under this chapter must provide
enrolled eligible students with comprehensive guidance regarding the
financial aid process.
(2) For fiscal year 2008, the office of financial management shall
allocate the appropriation made for the purposes of this section
between the higher education coordinating board and the state board for
community and technical colleges. The allocation shall be based on and
in proportion to the historical enrollment of former foster care youth
ages sixteen to twenty-six from 2001 to 2006 at the community and
technical colleges in Washington state and at the four-year public
institutions of higher education in Washington state. Thereafter, the
office of financial management shall allocate the funds appropriated
for the purposes of this section based on the prior academic year's
enrollments of former foster care youth ages sixteen to twenty-six at
the community and technical colleges and at the four-year public
institutions of higher education.
(3) Up to the amount allocated to the state board for community and
technical colleges for the purposes of this section, for every eligible
student enrolled in a community or technical college in this state who
earns forty-five quarter or thirty semester credits, or the equivalent,
from a particular community or technical college, the state board for
community and technical colleges shall award the college three thousand
five hundred dollars. Thereafter, the state board for community and
technical colleges shall award the college an additional two thousand
five hundred dollars for every additional forty-five quarter or thirty
semester credits, or the equivalent, the eligible student earns from
the college, until the student has earned ninety quarter or sixty
semester college credits, or met other certification or training
requirements established by the state board for community and technical
colleges.
(4) Up to the amount allocated to the higher education coordinating
board for the purposes of this section, for every eligible student
enrolled at a four-year institution of higher education who earns
forty-five quarter or thirty semester credits, or the equivalent, from
a particular four-year institution, the higher education coordinating
board shall award the institution three thousand five hundred dollars.
Thereafter, the higher education coordinating board shall award the
institution an additional two thousand five hundred dollars for every
additional forty-five quarter or thirty semester credits, or the
equivalent, the eligible student earns from the institution, until the
student has earned one hundred eighty quarter or one hundred twenty
semester college credits.
NEW SECTION. Sec. 505 (1) The purpose of this section is to
provide supplemental scholarships to cover the full, effective, and
true cost of attendance for eligible students' undergraduate higher
education. However, in no instance shall the annual amount of an
eligible student's scholarship under this section exceed the lower of
(a) the cost of attendance at the institution of higher education
attended by the student, plus an amount equal to fifty percent of the
cost of room and board for undergraduate students living on campus as
established by the higher education coordinating board, or (b) the
resident undergraduate cost of attendance at the University of
Washington per academic year for a full-time student, plus an amount
equal to fifty percent of the cost of room and board for undergraduate
students living on campus as estimated by the higher education
coordinating board.
(2) The institution of higher education at which an eligible
student is enrolled shall award the student all financial aid that he
or she qualifies for, including all need-based, merit-based,
campus-based, and institutional aid that the student is eligible to
receive, but excluding work-study in an amount greater than twenty
percent of the student's cost of attendance and student loans.
(3) Subject to the limitation set forth in subsection (1) of this
section, the institution of higher education at which an eligible
student is enrolled shall provide each eligible student with a
supplementary scholarship equal to the difference between the student's
cost of attendance and the amount of financial aid awarded to the
student under subsection (2) of this section.
(4) Each institution of higher education providing supplementary
scholarships under this section shall submit, at least annually, a
request for reimbursement to the higher education coordinating board
for the amount of the supplementary scholarships provided to eligible
students. The higher education coordinating board shall timely
reimburse the individual institutions of higher education for the
amount of the supplementary scholarships from funds appropriated to the
board for this purpose.
(5) A student receiving a scholarship under this section shall be
placed on probation if he or she fails to maintain a cumulative grade
point average of 2.0 or better. If a student on probation fails to
achieve a cumulative grade point average of 2.0 or better within one
quarter or semester of being placed on probation, he or she ceases to
be eligible to receive scholarship funds under this section until he or
she achieves a cumulative grade point average of 2.0 or better.
(6) An eligible student is eligible to receive a scholarship under
this section for a maximum of five consecutive years after the student
first enrolls with an institution of higher education or until the
student turns age twenty-six, whichever occurs first. If a student
turns age twenty-six during an academic year, and would otherwise be
eligible for a scholarship under this section, the student shall
continue to be eligible for a scholarship for the remainder of the
academic year.
(7) The higher education coordinating board shall perform an annual
analysis to ensure that those institutions of higher education at which
students have received a scholarship under this section during the
previous academic year are in compliance with this section, including
the requirement that other available sources of financial aid be used
before the use of scholarship funds under this section.
(8) To allow institutions of higher education to readily identify
students who may be eligible for a scholarship under this section, all
institutions of higher education shall include on their applications
for undergraduate or relevant admission a question asking whether the
applicant has been in foster care in Washington state for at least six
months since his or her fifteenth birthday. An institution shall not
consider whether an applicant may be eligible for a scholarship under
this section when deciding whether the applicant will be granted
admission to the institution.
NEW SECTION. Sec. 506 (1) The state board for community and
technical colleges, with input from the higher education coordinating
board and institutions of higher education, shall develop and maintain
an internet web site and outreach program to serve as a comprehensive
portal for foster care youth in Washington state to obtain information
regarding higher education including, but not necessarily limited to:
(a) Academic, social, family, financial, and logistical information
important to successful postsecondary educational success;
(b) How and when to obtain and complete college applications;
(c) What college placement tests, if any, are generally required
for admission to college and when and how to register for such tests;
(d) How and when to obtain and complete a federal free application
for federal student aid (FAFSA); and
(e) Detailed sources of financial aid likely available to eligible
former foster care youth, including the financial aid provided by this
chapter.
(2) The state board for community and technical colleges shall
determine whether to design, build, and operate such program and web
site directly or to use, support, and modify existing web sites created
by government or nongovernmental entities for a similar purpose.
NEW SECTION. Sec. 507 (1) The department of social and health
services, with input from the state board for community and technical
colleges, the higher education coordinating board, and institutions of
higher education, shall contract with at least one nongovernmental
entity through a request for proposals process to develop, implement,
and administer a program of supplemental educational transition
planning for youth in foster care in Washington state.
(2) The nongovernmental entity or entities chosen by the department
shall have demonstrated success in working with foster care youth and
assisting foster care youth in successfully making the transition from
foster care to independent adulthood.
(3) The selected nongovernmental entity or entities shall provide
supplemental educational transition planning to each foster care youth
in Washington state beginning at age fifteen and then at least every
six months thereafter. The supplemental transition planning shall
include:
(a) Comprehensive information regarding postsecondary educational
opportunities including, but not limited to, sources of financial aid,
institutional characteristics and record of support for former foster
care youth, transportation, housing, and other logistical
considerations;
(b) How and when to apply to postsecondary educational programs;
(c) What precollege tests, if any, the particular foster care youth
should take based on his or her postsecondary plans and when to take
the tests;
(d) What courses to take to prepare the particular foster care
youth to succeed at his or her postsecondary plans;
(e) Social, community, educational, logistical, and other issues
that frequently impact college students and their success rates; and
(f) Which web sites, nongovernmental entities, public agencies, and
other foster care youth support providers specialize in which services.
(4) The selected nongovernmental entity or entities shall work
directly with the school counselors at the foster care youths' high
schools to ensure that a consistent and complete transition plan has
been prepared for each foster care youth who emancipates out of the
foster care system in Washington state.
NEW SECTION. Sec. 508 (1) The state board for community and
technical colleges shall award one or more awards totaling twenty-five
thousand dollars annually, from the appropriation made for this
purpose, to the institutions of higher education that have been the
most successful, as determined by the board, in recruiting, retaining,
and graduating eligible students under this chapter.
(2) Institutions that receive an award under this section are
encouraged to use the award to further assist former foster care youth
in obtaining postsecondary education.
NEW SECTION. Sec. 509 (1) The state board for community and
technical colleges shall monitor and analyze the academic progress of
community and technical college students who receive scholarships under
this chapter, and shall submit a report regarding the number of
community and technical college students who have received scholarships
under this chapter and the academic progress of those students to the
higher education committees of the senate and the house of
representatives by January 15, 2010.
(2) The higher education coordinating board shall monitor and
analyze the academic progress of students enrolled at four-year
institutions of higher education who receive scholarships under this
chapter, and shall submit a report regarding the number of students who
have received scholarships under this chapter and the academic progress
of those students to the higher education committees of the senate and
the house of representatives by January 15, 2010.
NEW SECTION. Sec. 510 Nothing in this chapter may be construed
to:
(1) Guarantee acceptance by, or entrance into, any institution of
higher education; or
(2) Limit the participation of youth, in or formerly in, foster
care in Washington state in any other program of financial assistance
for postsecondary education.
NEW SECTION. Sec. 601 (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 November 15, 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. 701 (1) The work groups convened pursuant to
RCW 28B.76.250, as those groups exist on the effective date of this
section, shall conduct a review of all approved associate transfer
degrees, including the direct transfer agreement. The purpose of the
review is to identify credits within each associate transfer degree
that, when not considered as part of the associate transfer degree, are
not transferable to a state four-year institution of higher education
on a stand-alone basis.
(2) The work groups shall identify alternatives to ensure that
course credits that are transferable to a state four-year institution
of higher education as part of an associate transfer degree are also
transferable when not part of an associate transfer degree.
(3) By January 10, 2008, the higher education coordinating board
shall submit to the higher education committees of the house of
representatives and the senate a report that identifies credits that do
not transfer separately from an associate transfer degree. The report
shall also contain information on alternatives to ensure that credits
within an associate transfer degree are transferable separately from an
associate transfer degree.
Sec. 702 RCW 28B.76.250 and 2004 c 55 s 2 are each amended to
read as follows:
(1) The higher education coordinating board must convene work
groups to develop transfer associate degrees that will satisfy lower
division requirements at public four-year institutions of higher
education for specific academic majors. Work groups must include
representatives from the state board for community and technical
colleges and the council of presidents, as well as faculty from two and
four-year institutions. Work groups may include representatives from
independent four-year institutions.
(2) Each transfer associate degree developed under this section
must enable a student to complete the lower-division courses or
competencies for general education requirements and preparation for the
major that a direct-entry student would typically complete in the
freshman and sophomore years for that academic major.
(3) Completion of a transfer associate degree does not guarantee a
student admission into an institution of higher education or admission
into a major, minor, or professional program at an institution of
higher education that has competitive admission standards for the
program based on grade point average or other performance criteria.
(4) During the 2004-05 academic year, the work groups must develop
transfer degrees for elementary education, engineering, and nursing.
Each year thereafter, the higher education coordinating board must
convene additional groups to identify and develop additional transfer
degrees. The board must give priority to majors in high demand by
transfer students and majors that the general direct transfer agreement
associate degree does not adequately prepare students to enter
automatically upon transfer. When developing additional transfer
degrees, the work groups shall ensure that at least fifteen of the
total credits or at least one-half of the elective credits, whichever
is greater, that are transferable as part of a transfer degree will be
transferable on a course by course basis without the corresponding
transfer degree.
(5) The higher education coordinating board, in collaboration with
the intercollege relations commission, must collect and maintain lists
of courses offered by each community and technical college and public
four-year institution of higher education that fall within each
transfer associate degree.
(6) The higher education coordinating board must monitor
implementation of transfer associate degrees by public four-year
institutions to ensure compliance with subsection (2) of this section.
(7) Beginning January 10, 2005, the higher education coordinating
board must submit a progress report on the development of transfer
associate degrees to the higher education committees of the house of
representatives and the senate. The first progress report must include
measurable benchmark indicators to monitor the effectiveness of the
initiatives in improving transfer and baseline data for those
indicators before the implementation of the initiatives. Subsequent
reports must be submitted by January 10 of each odd-numbered year and
must monitor progress on the indicators, describe development of
additional transfer associate degrees, and provide other data on
improvements in transfer efficiency.
NEW SECTION. Sec. 801 Part headings and captions used in this
act are not any part of the law.
NEW SECTION. Sec. 802 Sections 501 through 510 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 803 (1) The sum of three million dollars, or
as much thereof as may be necessary, is appropriated for the fiscal
year ending June 30, 2008, from the general fund to the office of
financial management for the purposes of sections 501 through 510 of
this act.
(2) The sum of three million dollars, or as much thereof as may be
necessary, is appropriated for the fiscal year ending June 30, 2009,
from the general fund to the office of financial management for the
purposes of sections 501 through 510 of this act.
NEW SECTION. Sec. 804 Section 402 of 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 takes effect immediately.