BILL REQ. #:  H-3754.4 

READ FIRST TIME 03/05/12.   

     AN ACT Relating to increasing educational attainment; amending RCW 28B.76.020, 28B.76.090, 28B.76.110, 28B.76.230, 28B.76.240, and 28B.76.270; amending 2011 1st sp.s. c 11 s 403 (uncodified); adding new sections to chapter 28B.76 RCW; adding a new section to chapter 44.04 RCW; creating a new section; repealing RCW 28B.76.080, 28B.76.210, 28B.76.290, 28B.76.310, and 28B.77.005; providing an effective date; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.76 RCW to read as follows:
     The legislature recognizes that increasing educational attainment is critical to the social and economic well-being of Washington. It is the intent of the legislature to create the student achievement council to provide the focus and set the goals for increasing educational attainment including improving student transitions from secondary to postsecondary education and training and between and among postsecondary institutions.
     The legislature finds that increasing educational attainment is essential for maintaining the health of a democratic society and the competitiveness of the state in the global economy. By increasing educational attainment, students will develop into citizens who are more capable of critical thinking, more aware of their world and its diversity, more creative in their problem-solving, and more successful in addressing social and economic challenges of the future in an informed and thoughtful way. It is necessary to have educational opportunities that meet both the civic and economic requirements of the state.
     The legislature finds that educational attainment is a powerful predictor of well-being. Students who have completed higher levels of education or training are more likely to achieve success in work or life than those who have not. Education is perhaps the most important engine of economic growth and individual and financial health. Success in growing a stronger economy and democracy and lifting incomes and well-being depends upon increasing educational attainment.
     The legislature recognizes that reaching the overall objective of increased educational attainment means that Washington's education systems must enable many more students to gain meaningful high school diplomas, postsecondary certificates, associate degrees, bachelor's degrees, and graduate degrees.
     The legislature recognizes that the requirement for academic attainment is increasing. According to various academic studies, Washington's economy is becoming even more highly dependent on workers with postsecondary education. Other studies indicate that rates of successful participation in higher education by Washington residents, especially among lower-income and disadvantaged persons, are among the lowest in the nation.
     Due to the large and growing gap between education requirements and achievement, it is the intent of the legislature to focus on increased educational attainment as a key priority and to closely track progress towards meeting this statewide objective.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.76 RCW to read as follows:
     (1) The student achievement council is created.
     (2) The council is composed of ten voting members as provided in this subsection.
     (a) Five citizen members shall be appointed by the governor with the consent of the senate. One of the citizen members shall be a student. The citizen members shall be selected based on their knowledge of or experience in higher education and reflect diverse, statewide representation. The citizen members shall serve for four-year terms; however, the terms of the initial members shall be staggered.
     (b) A representative of an independent nonprofit higher education institution as defined in RCW 28B.07.020(4), selected by an association of independent nonprofit baccalaureate degree-granting institutions. The representative appointed under this section shall excuse himself or herself from voting on matters relating primarily to public institutions of higher education.
     (c) Chosen for their recognized ability and innovative leadership experience in broad education policy and system design, a representative of each of the following shall be selected by the respective organizations, who shall serve at the pleasure of the appointing organizations:
     (i) A representative of the four-year institutions of higher education as defined in RCW 28B.10.016, selected by the presidents of those institutions;
     (ii) A representative of the state's community and technical college institutions, selected by the state board for community and technical colleges;
     (iii) A representative of the state's K-12 education institutions, selected by the superintendent of public instruction in consultation with the director of the department of early learning; and
     (iv) A representative of workforce training who is especially knowledgeable in training for innovative advanced technology sectors of the economy, selected by the workforce training and education coordinating board.
     (3) The chair shall be selected by the council from among the citizen members appointed to the council. The chair shall serve a one-year term but may serve more than one term if selected to do so by the membership.
     (4) The council may create advisory committees on an ad hoc basis for the purpose of obtaining input from students, faculty, and higher education experts and practitioners, citizens, business and industry, and labor, and for the purpose of informing their research, policy, and programmatic functions. The council shall maintain a contact list of higher education stakeholder organizations to provide notices to stakeholders regarding the purposes of ad hoc advisory committees, timelines for planned work, means for participation, and a statement of desired outcomes.
     (5) Any vacancies on the council shall be filled in the same manner as the original appointments. Appointments to fill vacancies shall be only for such terms as remain unexpired. Any vacancies among council members appointed by the governor shall be filled by the governor subject to confirmation by the senate and shall have full authority to act before the time the senate acts on their confirmation.

NEW SECTION.  Sec. 3   A new section is added to chapter 28B.76 RCW to read as follows:
     (1) The council shall employ an executive director. The executive director shall be appointed by the council and serve at the pleasure of the council.
     (2) The executive director may employ necessary deputy and assistant directors and other exempt staff under chapter 41.06 RCW, who shall serve at the executive director's pleasure on such terms and conditions as he or she determines. Subject to the provisions of chapter 41.06 RCW, the executive director may appoint and employ such other employees as may be required for the proper discharge of the functions of the council.

Sec. 4   RCW 28B.76.020 and 2011 1st sp.s. c 11 s 101 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Council" means the student achievement council ((for higher education)).
     (2) "Director" means the executive director of the council.
     (3) "Four-year institutions" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College.
     (((3))) (4) "Major expansion" means expansion of the higher education system that requires significant new capital investment, including building new institutions, campuses, branches, or centers or conversion of existing campuses, branches, or centers that would result in a mission change.
     (((4))) (5) "Mission change" means a change in the level of degree awarded or institutional type not currently authorized in statute.
     (((5))) (6) "Office" means the office of student financial assistance within the council.

NEW SECTION.  Sec. 5   A new section is added to chapter 28B.76 RCW to read as follows:
     (1) Guided by the state's overarching objective of substantially increasing educational attainment for the purposes outlined in section 1 of this act, the council has a dual mission:
     (a) To propose to the governor and the legislature goals for increasing educational attainment in Washington, recommend the resources necessary to achieve the goals, and monitor progress toward meeting the goals; and
     (b) To propose to the governor, the legislature, and the state's educational institutions, improvements and innovations needed to continually adapt the state's educational institutions to evolving educational attainment needs.
     (2) In the pursuit of the missions the council links the work of educational programs, schools, and institutions from secondary through postsecondary education and training and through careers. The council must connect the work of the superintendent of public instruction, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, and the four-year institutions of higher education, as well as the independent schools and colleges.
     (3) Drawing on the staff expertise of the council and other state, national, and international analysis and research assets, the council must also take a leading role in facilitating educational attainment analysis and research leading to increased educational attainment and education system development.

NEW SECTION.  Sec. 6   A new section is added to chapter 28B.76 RCW to read as follows:
     (1)(a) Aligned with the state's biennial budget and policy cycles, the council must propose educational attainment goals for the short-term by means of a biennial strategic plan and for the long-term by means of a ten-year roadmap for increasing educational attainment and system improvement toward evolving attainment needs.
     (b) Educational attainment goals include reaching higher levels of educational attainment and earning certificates or degrees that meet workforce needs.
     (c) In proposing these goals, the council must collaborate with the superintendent of public instruction, the state board of education, the state board for community and technical colleges, the four-year institutions of higher education, organizations of independent colleges and degree-granting and certificate-granting institutions, and the workforce training and education coordinating board to develop statewide goals to increase educational attainment. Each agency and institution shall continue to have individual goals and strategic plans.
     (d) The council must identify the resources necessary to meet statewide goals and also recognize current state economic conditions and state resources.
     (e) The council must propose updated strategic action goals every two years with the first review due to the governor and legislature by December 1, 2012.
     (2)(a) The council must conduct long-term strategic planning for meeting the goal of increasing educational attainment. The ten-year strategic roadmap must include meeting the needs of creating an educated citizenry for a democracy and the current and future requirement to meet the workforce needs for a vigorous economy. The ten-year strategic roadmap shall be the result of collaboration with agencies and stakeholders, and include input from the legislature.
     (b) The strategic roadmap shall be updated every two years, with the initial roadmap due by December 1, 2013.
     (3) As needed, the council must conduct system reviews consistent with RCW 28B.76.230.
     (4) The council must facilitate the development and expansion of innovative practices within, between, and among the sectors to increase educational attainment and assess the effectiveness of the innovations.
     (5) The council must use the data and analysis produced by, and in consultation with, the education data center created in RCW 43.41.400 in developing policy recommendations and proposing goals. In conducting research and analysis the council at a minimum must:
     (a) Identify barriers to increasing educational attainment, evaluate effectiveness of various educational models, identify best practices, and recommend methods to overcome barriers;
     (b) Analyze data from multiple sources including data from academic research and from areas and agencies outside of education including but not limited to data from the department of health, the department of corrections, and the department of social and health services, to determine best practices to remove barriers and to improve educational attainment;
     (c) Assess educational achievement disaggregated by income level, age, gender, race and ethnicity, country of origin, and other relevant demographic groups working with the education data center;
     (d) Track progress toward meeting the state's goals;
     (e) Communicate results and provide access to data analysis to policymakers, the superintendent of public instruction, institutions of higher education, students, and the public; and
     (f) Use data from the education data center wherever possible to conduct duties in (a) through (e) of this subsection.
     (6) The council must improve student transitions and success including but not limited to:
     (a) Setting minimum college admission standards for four-year institutions of higher education, including a requirement that coursework in American sign language or an American Indian language satisfies any requirement for instruction in a language other than English that the council or the institutions may establish as a general undergraduate admissions requirement;
     (b) Developing programs to encourage students to prepare for, understand how to access, and pursue postsecondary college and career programs;
     (c) Recommending policies that require coordination between or among sectors such as dual high school-college programs, awarding college credit for advanced high school work, and transfer between two and four-year institutions of higher education or between different four-year institutions of higher education; and
     (d) Identifying transitions issues and solutions for students, from high school to postsecondary education including community and technical colleges, four-year institutions of higher education, apprenticeships, training, or workplace education; between two-year and four-year institutions of higher education; and from postsecondary education to career. In addressing these issues the council must recognize that these transitions may occur multiple times as students continue their education.
     (7) The council directs the work of the office, which includes administration of student financial aid programs under RCW 28B.76.090, including the state need grant and other scholarships, the Washington advanced college tuition payment program, and work study programs.
     (8) The council may administer state and federal grants and programs including but not limited to those programs that provide incentives for improvements related to increased access and success in postsecondary education.
     (9) The council must protect consumers including:
     (a) Approving private, degree-granting postsecondary institutions consistent with existing statutory criteria; and
     (b) Approving programs that are eligible programs for students to use federal benefits such as veterans' benefits.
     (10) The council must adopt residency requirements by rule.

NEW SECTION.  Sec. 7   A new section is added to chapter 28B.76 RCW to read as follows:
     Members of the council shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 8   RCW 28B.76.090 and 2011 1st sp.s. c 11 s 102 are each amended to read as follows:
     (1) The office of student financial assistance is created within the student achievement council.
     (2) The purpose of the office is to administer state and federal financial aid and other education services programs, including the advanced college tuition payment program in chapter 28B.95 RCW, in a cost-effective manner.
     (3) The ((office)) council shall employ a deputy director who shall serve at the pleasure of the ((governor)) director and shall administer the provisions of this chapter. ((The director shall: (a) Employ necessary deputy and assistant directors and other exempt staff under chapter 41.06 RCW who shall serve at his or her pleasure on such terms and conditions as he or she determines and (b) subject to the provisions of chapter 41.06 RCW, appoint and employ such other employees as may be required for the proper discharge of the functions of the office.))

Sec. 9   RCW 28B.76.110 and 2004 c 275 s 5 are each amended to read as follows:
     The ((higher education coordinating board)) council is designated as the state commission as provided for in Section 1202 of the education amendments of 1972 (Public Law 92-318), as now or hereafter amended; and shall perform such functions as is necessary to comply with federal directives pertaining to the provisions of such law.

NEW SECTION.  Sec. 10   A new section is added to chapter 44.04 RCW to read as follows:
     (1) A joint select legislative committee on student achievement is established.
     (2) Members of the joint select committee shall be appointed and reappointed before the close of each regular legislative session during odd-numbered years from members serving on education, higher education, workforce development, or appropriations committees as follows:
     (a) The president of the senate shall appoint four members from each of the two largest caucuses of the senate; and
     (b) The speaker of the house of representatives shall appoint four members from each of the two largest caucuses of the house of representatives.
     (3) The committee shall choose its chair and vice chair. The chair and vice chair may not be members of the same political party. The chair shall alternate between members of the majority parties in the senate and the house of representatives.
     (4) The committee shall review the work of the student achievement council and make policy and budget recommendations on improving educational attainment in Washington.
     (5) Staff support for the committee shall be provided by senate committee services and house of representatives office of program research.
     (6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120.
     (7) The expenses of the committee shall be paid jointly by the senate and the house of representatives. Committee expenditures are subject to approval by the senate facilities and operations committee and the house executive rules committee, or their successor committees.
     (8) The committee shall report its findings and recommendations to the governor and to committees of the legislature related to education, higher education, workforce development, and appropriations each year by December 1st.

Sec. 11   RCW 28B.76.230 and 2010 c 245 s 5 are each amended to read as follows:
     (1) The ((board)) council shall develop a comprehensive and ongoing assessment process to analyze the need for additional degrees and programs, additional off-campus centers and locations for degree programs, and consolidation or elimination of programs by the four-year institutions. ((Board)) The assessment must align with the ten-year strategic roadmap in section 6 of this act. Council recommendations regarding proposed major expansion shall be limited to determinations of whether the major expansion is within the scope indicated in the most recent strategic master plan for higher education or most recent system design plan. Recommendations regarding existing capital prioritization processes are not within the scope of the evaluation of major expansion. Major expansion and proposed mission changes may be proposed by the ((board)) council, any public institution of higher education, or by a state or local government.
     (2) As part of the needs assessment process, the ((board)) council shall examine:
     (a) Projections of student, employer, and community demand for education and degrees, including liberal arts degrees, on a regional and statewide basis;
     (b) Current and projected degree programs and enrollment at public and private institutions of higher education, by location and mode of service delivery;
     (c) Data from the workforce training and education coordinating board and the state board for community and technical colleges on the supply and demand for workforce education and certificates and associate degrees; and
     (d) Recommendations from the technology transformation task force created in chapter 407, Laws of 2009, and institutions of higher education relative to the strategic and operational use of technology in higher education. These and other reports, reviews, and audits shall allow for: The development of enterprise-wide digital information technology across educational sectors, systems, and delivery methods; the integration and streamlining of administrative tools including but not limited to student information management, financial management, payroll, human resources, data collection, reporting, and analysis; and a determination of the costs of multiple technology platforms, systems, and models.
     (3) Every two years the ((board)) council shall produce, jointly with the state board for community and technical colleges and the workforce training and education coordinating board, an assessment of the number and type of higher education and training credentials required to match employer demand for a skilled and educated workforce. The assessment shall include the number of forecasted net job openings at each level of higher education and training and the number of credentials needed to match the forecast of net job openings.
     (4) ((The board shall determine whether certain major lines of study or types of degrees, including applied degrees or research-oriented degrees, shall be assigned uniquely to some institutions or institutional sectors in order to create centers of excellence that focus resources and expertise.
     (5) The following activities are subject to approval by the board:
     (a) New degree programs by a four-year institution;
     (b) Creation of any off-campus program by a four-year institution;
     (c) Purchase or lease of major off-campus facilities by a four-year institution or a community or technical college;
     (d) Creation of higher education centers and consortia;
     (e) New degree programs and creation of off-campus programs by an independent college or university in collaboration with a community or technical college; and
     (f) Applied baccalaureate degree programs developed by colleges under RCW 28B.50.810.
     (6) Institutions seeking board approval under this section must demonstrate that the proposal is justified by the needs assessment developed under this section. Institutions must also demonstrate how the proposals align with or implement the statewide strategic master plan for higher education under RCW 28B.76.200.
     (7) The board shall develop clear guidelines and objective decision-making criteria regarding approval of proposals under this section, which must include review and consultation with the institution and other interested agencies and individuals.
     (8) The board shall periodically recommend consolidation or elimination of programs at the four-year institutions, based on the needs assessment analysis.
     (9))) In the case of a proposed major expansion or mission change, the needs assessment process under subsection (2) of this section constitutes a threshold inquiry. If the ((board)) council determines that the need for the proposed major expansion or mission change has not been justified, the inquiry is concluded. If the ((board)) council determines that the need for the proposed major expansion or mission change has been sufficiently established, the ((board)) council, in consultation with any directly involved institutions and other interested agencies and individuals, shall proceed to examine the viability of the proposal using criteria including, but not limited to:
     (a) The specific scope of the project including the capital investment requirements, the number of full-time equivalent students anticipated, and the number of academic programs planned;
     (b) The existence of an efficient and sustainable financial plan;
     (c) The extent to which existing resources can be leveraged;
     (d) The current and five-year projected student population, faculty, and staff to support the proposed programs, institution, or innovation;
     (e) The plans to accommodate expected growth over a twenty-year time frame;
     (f) The extent to which new or existing partnerships and collaborations are a part of the proposal; and
     (g) The feasibility of any proposed innovations to accelerate degree production.
     (((10))) (5) After the ((board)) council completes its evaluation of the proposed major expansion or mission change using the needs assessment under subsection (2) of this section and viability determination under subsection (((9))) (4) of this section, the ((board)) council shall make a recommendation to either proceed, modify, or not proceed with the proposed major expansion or mission change. The ((board's)) council's recommendation shall be presented to the governor and the legislature.

Sec. 12   RCW 28B.76.240 and 2004 c 275 s 10 are each amended to read as follows:
     The ((board)) council shall adopt statewide transfer and articulation policies that ensure efficient transfer of credits and courses across public two and four-year institutions of higher education. The intent of the policies is to create a statewide system of articulation and alignment between two and four-year institutions. Policies may address but are not limited to creation of a statewide system of course equivalency, creation of transfer associate degrees, statewide articulation agreements, applicability of technical courses toward baccalaureate degrees, and other issues. The institutions of higher education and the state board for community and technical colleges shall cooperate with the ((board)) council in developing the statewide policies and shall provide support and staff resources as necessary to assist in maintaining the policies. ((The board shall submit a progress report to the higher education committees of the senate and house of representatives by December 1, 2006, by which time the legislature expects measurable improvement in alignment and transfer efficiency.))

Sec. 13   RCW 28B.76.270 and 2011 1st sp.s. c 10 s 8 are each amended to read as follows:
     (1) The ((board)) education data center shall establish an accountability monitoring and reporting system as part of a continuing effort to make meaningful and substantial progress towards the achievement of long-term performance goals in higher education.
     (2) To provide consistent, easily understood data among the public four-year institutions of higher education within Washington and in other states, the following data must be reported to the education data center annually by December 1st, and at a minimum include data recommended by a national organization representing state chief executives. The ((board)) education data center may change the data requirements to be consistent with best practices across the country. This data must, to the maximum extent possible, be disaggregated by race and ethnicity, gender, state and county of origin, age, and socioeconomic status, and include the following for the four-year institutions of higher education:
     (a) Bachelor's degrees awarded;
     (b) Graduate and professional degrees awarded;
     (c) Graduation rates: The number and percentage of students who graduate within four years for bachelor's degrees and within the extended time, which is six years for bachelor's degrees;
     (d) Transfer rates: The annual number and percentage of students who transfer from a two-year to a four-year institution of higher education;
     (e) Time and credits to degree: The average length of time in years and average number of credits that graduating students took to earn a bachelor's degree;
     (f) Enrollment in remedial education: The number and percentage of entering first-time undergraduate students who place into and enroll in remedial mathematics, English, or both;
     (g) Success beyond remedial education: The number and percentage of entering first-time undergraduate students who complete entry college-level math and English courses within the first two consecutive academic years;
     (h) Credit accumulation: The number and percentage of first-time undergraduate students completing two quarters or one semester worth of credit during their first academic year;
     (i) Retention rates: The number and percentage of entering undergraduate students who enroll consecutively from fall-to-spring and fall-to-fall at an institution of higher education;
     (j) Course completion: The percentage of credit hours completed out of those attempted during an academic year;
     (k) Program participation and degree completion rates in bachelor and advanced degree programs in the sciences, which includes agriculture and natural resources, biology and biomedical sciences, computer and information sciences, engineering and engineering technologies, health professions and clinical sciences, mathematics and statistics, and physical sciences and science technologies, including participation and degree completion rates for students from traditionally underrepresented populations;
     (l) Annual enrollment: Annual unduplicated number of students enrolled over a twelve-month period at institutions of higher education including by student level;
     (m) Annual first-time enrollment: Total first-time students enrolled in a four-year institution of higher education;
     (n) Completion ratio: Annual ratio of undergraduate and graduate degrees and certificates, of at least one year in expected length, awarded per one hundred full-time equivalent undergraduate students at the state level;
     (o) Market penetration: Annual ratio of undergraduate and graduate degrees and certificates, of at least one year in program length, awarded relative to the state's population age eighteen to twenty-four years old with a high school diploma;
     (p) Student debt load: Median three-year distribution of debt load, excluding private loans or debts incurred before coming to the institution;
     (q) Data related to enrollment, completion rates, participation rates, and debt load shall be disaggregated for students in the following income brackets to the maximum extent possible:
     (i) Up to seventy percent of the median family income;
     (ii) Between seventy-one percent and one hundred twenty-five percent of the median family income; and
     (iii) Above one hundred twenty-five percent of the median family income; and
     (r) Yearly percentage increases in the average cost of undergraduate instruction.
     (3) Four-year institutions of higher education must count all students when collecting data, not only first-time, full-time freshmen.
     (4) ((Based on guidelines prepared by the board, each four-year institution and the state board for community and technical colleges shall submit a biennial plan to achieve measurable and specific improvements each academic year on statewide and institution-specific performance measures. Plans shall be submitted to the board along with the biennial budget requests from the institutions and the state board for community and technical colleges. Performance measures established for the community and technical colleges shall reflect the role and mission of the colleges.
     (5) The board shall approve biennial performance targets for each four-year institution and for the community and technical college system and shall review actual achievements annually. The state board for community and technical colleges shall set biennial performance targets for each college or district, where appropriate.
     (6) The board shall submit a report on progress towards the statewide goals, with recommendations for the ensuing biennium, to the fiscal and higher education committees of the legislature along with the board's biennial budget recommendations.
     (7) The board, in collaboration with the four-year institutions and the state board for community and technical colleges, shall periodically review and update the accountability monitoring and reporting system.
     (8) The board shall develop measurable indicators and benchmarks for its own performance regarding cost, quantity, quality, and timeliness and including the performance of committees and advisory groups convened under this chapter to accomplish such tasks as improving transfer and articulation, improving articulation with the K-12 education system, measuring educational costs, or developing data protocols. The board shall submit its accountability plan to the legislature concurrently with the biennial report on institution progress.
     (9))) In conjunction with the office of financial management, all four-year institutions of higher education must display the data described in subsection (2) of this section in a uniform dashboard format on the office of financial management's web site no later than December 1, 2011, and updated thereafter annually by December 1st. To the maximum extent possible, the information must be viewable by race and ethnicity, gender, state and county of origin, age, and socioeconomic status. The information may be tailored to meet the needs of various target audiences such as students, researchers, and the general public.
     (5) The council may propose changes to the governor and the legislature regarding higher education accountability criteria and data requirements. The council shall consult with the education data center, the four-year institutions of higher education, and the state board for community and technical colleges in developing its recommendations.

NEW SECTION.  Sec. 14   (1) The state board for community and technical colleges, in consultation with the student achievement council, shall review higher education accountability measures, assess whether any of the measures for four-year institutions of higher education in RCW 28B.76.270(2) should be applied as performance measures for community and technical colleges, and whether performance indicators for the community and technical colleges should be added to the data dashboard in RCW 28B.76.270(4). The board shall report recommendations regarding appropriate changes to required community and technical college accountability measures to the governor and the legislature by December 1, 2012.
     (2) This section expires August 1, 2013.

NEW SECTION.  Sec. 15   A new section is added to chapter 28B.76 RCW to read as follows:
     (1) The higher education coordinating board is hereby abolished and its powers, duties, and functions are hereby transferred to the student achievement council. All references to the executive director or the higher education coordinating board in the Revised Code of Washington shall be construed to mean the executive director or the student achievement council.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the higher education coordinating board shall be delivered to the custody of the student achievement council. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education coordinating board shall be made available to the student achievement council. All funds, credits, or other assets held by the higher education coordinating board shall be assigned to the student achievement council.
     (b) Any appropriations made to the higher education coordinating board shall, on the effective date of this section, be transferred and credited to the student achievement council.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the higher education coordinating board necessary to the assigned functions of the council are transferred to the jurisdiction of the student achievement council subject to review by the executive director of the council. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the student achievement council to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the higher education coordinating board shall be continued and acted upon by the student achievement council. All existing contracts and obligations shall remain in full force and shall be performed by the student achievement council.
     (5) The transfer of the powers, duties, functions, and personnel of the higher education coordinating board shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) All classified employees of the higher education coordinating board assigned to the student achievement council under this section whose positions are within an existing bargaining unit description at the student achievement council shall become a part of the existing bargaining unit at the student achievement council and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 16   The following acts or parts of acts are each repealed:
     (1) RCW 28B.76.080 (Members -- Compensation and travel expenses) and 1985 c 370 s 16, 1984 c 287 s 65, 1975-'76 2nd ex.s. c 34 s 77, & 1969 ex.s. c 277 s 12;
     (2) RCW 28B.76.210 (Budget priorities and levels of funding--Guidelines for institutions -- Review and evaluation of budget requests--Prioritized list -- Recommendations) and 2011 1st sp.s. c 11 s 104, 2010 c 245 s 10, 2008 c 205 s 4, 2007 c 458 s 202, 2004 c 275 s 7, 2003 c 130 s 3, 1997 c 369 s 10, 1996 c 174 s 1, 1993 c 363 s 6, & 1985 c 370 s 4;
     (3) RCW 28B.76.290 (Coordination of activities with segments of higher education) and 1993 c 77 s 2, 1992 c 60 s 3, 1988 c 172 s 4, & 1985 c 370 s 6;
     (4) RCW 28B.76.310 (Development of methods and protocols for measuring educational costs) and 2011 1st sp.s. c 11 s 105, 2004 c 275 s 15, 1995 1st sp.s. c 9 s 7, 1992 c 231 s 5, & 1989 c 245 s 3; and
     (5) RCW 28B.77.005 (Council for higher education created -- Higher education coordinating board abolished) and 2011 1st sp.s. c 11 s 301.

Sec. 17   2011 1st sp.s. c 11 s 403 (uncodified) is amended to read as follows:
     Sections ((101 through 103,)) 106 through 202, 204 through 244, and 301 of this act take effect July 1, 2012.

NEW SECTION.  Sec. 18   Sections 1 through 16 of this act and section 103, chapter 11, Laws of 2011 1st sp. sess. are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 1, 2012.

NEW SECTION.  Sec. 19   Section 17 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.