BILL REQ. #:  S-0862.1 

Read first time 02/08/11.   Referred to Committee on Higher Education & Workforce Development.

     AN ACT Relating to tuition for qualified individuals with disabilities; amending RCW 28B.15.067; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that educational opportunity is a human right that is often denied to individuals with disabilities as they encounter significant financial obstacles while attempting to gain access to the postsecondary educational opportunities available at Washington's institutions of higher education. The legislature further finds that, when given equal educational opportunities, individuals with disabilities make significant contributions to the state's social fiber and economic well-being. The legislature intends to mitigate the financial burden encountered by individuals with disabilities as they progress through the state's educational system.

Sec. 2   RCW 28B.15.067 and 2010 c 20 s 7 are each amended to read as follows:
     (1) Tuition fees shall be established under the provisions of this chapter.
     (2) Beginning with the 2003-04 academic year and ending with the 2012-13 academic year, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act.
     (3)(a) Beginning with the 2003-04 academic year and ending with the 2012-13 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates, including summer school students and students in other self-supporting degree programs. Percentage increases in full-time tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students.
     (b) Prior to reducing or increasing tuition for each academic year, the governing boards of the state universities, the regional universities, and The Evergreen State College shall consult with existing student associations or organizations with student undergraduate and graduate representatives regarding the impacts of potential tuition increases. Governing boards shall be required to provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.
     (c) Prior to reducing or increasing tuition for each academic year, each college in the state board for community and technical college system shall consult with existing student associations or organizations with undergraduate student representation regarding the impacts of potential tuition increases. Colleges shall provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.
     (4) Academic year tuition for full-time students at the state's institutions of higher education beginning with 2015-16, other than summer term, shall be as charged during the 2014-15 academic year unless different rates are adopted by the legislature.
     (5) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400.
     (6) The tuition fees established under this chapter shall not apply to eligible students enrolling in a dropout reengagement program through an interlocal agreement between a school district and a community or technical college under RCW 28A.175.100 through 28A.175.110.
     (7) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college participating in the pilot program under RCW 28B.50.534 for the purpose of obtaining a high school diploma.
     (8) For the academic years 2003-04 through 2008-09, the University of Washington shall use an amount equivalent to ten percent of all revenues received as a result of law school tuition increases beginning in academic year 2000-01 through academic year 2008-09 to assist needy low and middle-income resident law students.
     (9) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students.
     (10) Any tuition increases above seven percent shall fund costs of instruction, library and student services, utilities and maintenance, other costs related to instruction as well as institutional financial aid. Through 2010-11, any funding reductions to instruction, library and student services, utilities and maintenance and other costs related to instruction shall be proportionally less than other program areas including administration.
     (11)(a) Beginning with the 2010-11 academic year, for the duration of each qualified student's enrollment and full-time attendance at a college or university, tuition fees for each qualified student shall remain fixed at the rate in effect on the first day of the first academic term in which that student is enrolled. Colleges and universities may only make annual inflation adjustments to tuition fees charged to each qualified student.
     (b) For qualified students who have attended colleges or universities before the 2010-11 academic year, tuition fees for each qualified student shall remain fixed at the rate in effect on the first day of the first academic term of the 2010-11 academic year. Colleges and universities may only make annual inflation adjustments to tuition fees charged to each qualified student.
     (12)(a) Subsection (11) of this section does not apply when a qualified student withdraws from a college or university, or transfers to a different college or university. When a former qualified student later reenrolls, tuition fees shall remain fixed at the rate in effect on the first day of the first academic term of reenrollment. When a qualified student transfers to a different college or university, tuition fees shall remain fixed at the rate in effect on the first day of the first academic term that the student is enrolled at that college or university.
     (b) However, (a) of this subsection does not apply if a qualified student withdraws from a college or university because of serious medical illness or personal injury. Upon later reenrollment, the qualified student's tuition fees under this subsection (12)(b) shall remain fixed at the rate in effect on the first day of the first academic term following the 2010-11 academic year that the student was enrolled at that college or university, pursuant to subsection (11) of this section.
     (13) Subsection (11) of this section does not apply when a qualified student who has received an undergraduate degree at a college or university is immediately enrolled as a student in a graduate degree program at the same college or university. When a qualified student who has received an undergraduate degree at a college or university is immediately enrolled as a student in a graduate degree program at the same college or university, tuition fees shall remain fixed at the rate in effect on the first day of the first academic term that the student is enrolled in any graduate program at that college or university. Colleges and universities may only make annual inflation adjustments to tuition fees charged to each qualified student.
     (14) The definitions in this subsection apply throughout this section.
     (a) "Qualified student" means a student who is identified as a qualified individual with a disability under the federal Americans with disability act of 1990 as amended.
     (b) "Inflation" means the percentage change in the implicit price deflator for the United States for each fiscal year as published by the federal bureau of labor statistics.