BILL REQ. #: H-0309.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
Prefiled 01/10/13. Read first time 01/14/13. Referred to Committee on Higher Education.
AN ACT Relating to higher education governance; amending RCW 28A.150.510, 28B.10.630, 28B.50.903, 28B.67.010, 28B.76.335, 28B.76.340, 28B.76.670, 28B.77.003, 28B.77.005, 28B.77.010, 28B.77.020, 28B.77.070, 28B.105.020, 28B.105.030, 28B.115.100, 28B.115.150, 28B.117.020, 28B.117.030, 28B.118.040, 28B.145.010, 28B.145.030, 28B.145.050, 28B.145.060, and 28B.145.070; reenacting and amending RCW 28B.15.068, 28B.118.010, 43.88.230, and 44.04.260; reenacting RCW 43.330.310; adding new sections to chapter 28B.77 RCW; recodifying RCW 28B.76.335 and 28B.76.340; repealing RCW 44.04.360, 44.04.362, and 44.04.364; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28A.150.510 and 2012 c 163 s 9 are each amended to
read as follows:
(1) In order to effectively serve students who are dependent
pursuant to chapter 13.34 RCW, education records shall be transmitted
to the department of social and health services within two school days
after receiving the request from the department provided that the
department certifies that it will not disclose to any other party the
education records without prior written consent of the parent or
student unless authorized to disclose the records under state law. The
department of social and health services is authorized to disclose
education records it obtains pursuant to this section to a foster
parent, guardian, or other entity authorized by the department to
provide residential care to the student. The department is also
authorized to disclose educational records it obtains pursuant to this
section to those entities with which it has contracted, or with which
it is formally collaborating, having responsibility for educational
support services and educational outcomes of students who are dependent
pursuant to chapter 13.34 RCW. The department is encouraged to put in
place data-sharing agreements to assure accountability.
(2)(a) The K-12 data governance group established under RCW
28A.300.507 shall create a comprehensive needs requirement document
detailing the specific information, technical capacity, and any federal
and state statutory and regulatory changes needed by school districts,
the office of the superintendent of public instruction, the department
of social and health services, or the ((higher education coordinating
board or its successor)) student achievement council, to enable the
provision, on at least a quarterly basis, of:
(i) Current education records of students who are dependent
pursuant to chapter 13.34 RCW to the department of social and health
services and, from the department, to those entities with which the
department has contracted, or with which it is formally collaborating,
having responsibility for educational support services and educational
outcomes; and
(ii) The names and contact information of students who are
dependent pursuant to chapter 13.34 RCW and are thirteen years or older
to the ((higher education coordinating board or its successor)) student
achievement council and the private agency with which it has contracted
to perform outreach for the passport to college promise program under
chapter 28B.117 RCW or the college bound scholarship program under
chapter 28B.118 RCW.
(b) In complying with (a) of this subsection, the K-12 data
governance group shall consult with: Educational support service
organizations, with which the department of social and health services
contracts or collaborates, having responsibility for educational
support services and educational outcomes of dependent students; the
passport to college advisory committee; the education support service
organizations under contract to perform outreach for the passport to
college promise program under chapter 28B.117 RCW; the department of
social and health services; the office of the attorney general; the
((higher education coordinating board or its successor)) student
achievement council; and the office of the administrator for the
courts.
(c) By December 1, 2012, the superintendent of public instruction
shall submit a report to the governor and the appropriate committees of
the legislature regarding: The analysis of needs by the K-12 data
governance group; a timeline for addressing those needs for which no
statutory changes are necessary and that can be implemented within
existing resources; and recommended options for addressing identified
needs for which statutory changes, additional funding, or both, are
necessary.
Sec. 2 RCW 28B.10.630 and 2010 1st sp.s. c 14 s 1 are each
amended to read as follows:
(1) It is the intent of the legislature that state universities
engage in the commercialization of research and other economic
development and workforce development activities that benefit the
intermediate and long-term economic vitality of Washington. State
universities are expected to develop and strengthen university-industry
relationships through the conduct of research, the support of company
formation and job generation, and collaborative training. The state
universities, using a collaborative process that may include both in-house resources and independent contractors with necessary technical
expertise or innovative processes, must perform one or more of the
following functions:
(a) Provide collaborative research and technology transfer
opportunities;
(b) Publicize their commercialization processes and include an
explanation of how to access commercialization resources at the
universities;
(c) Develop mechanisms for pairing researchers, entrepreneurs, and
investors. Such mechanisms are to include, but are not limited to,
developing guides, web sites, or workshops on funding opportunities, on
entrepreneurship and the process of starting a company, and on
university-industry relations;
(d) Host events to connect researchers to entrepreneurs, investors,
and individuals from the state's technology-based industries; and
(e) Provide opportunities for training undergraduate and graduate
students through direct involvement in research and industry
interactions.
(2) In carrying out the functions in this section, the universities
may work with and through the ((higher education coordinating board))
student achievement council.
Sec. 3 RCW 28B.15.068 and 2012 c 229 s 524 are each reenacted and
amended to read as follows:
(1) In order to facilitate the full implementation of chapter 10,
Laws of 2011 1st sp. sess. for the 2011-12 through 2018-19 academic
years ((and thereafter)), the institutions of higher education are
authorized to adopt tuition levels that are less than, equal to, or
greater than the tuition levels assumed in the omnibus appropriations
act, subject to the conditions and limitations in this chapter and the
omnibus appropriations act.
(2) By September 1st of each year beginning in 2011, the office of
financial management shall report to the governor, the student
achievement council, and appropriate committees of the legislature with
updated estimates of:
(a) The total per-student funding level that represents the
sixtieth percentile of funding for similar institutions of higher
education in the global challenge states; and
(b) The tuition that represents the sixtieth percentile of resident
undergraduate tuition for similar institutions of higher education in
the global challenge states.
(3) 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 July 22, 2007. 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.
(4) Institutions of higher education, in collaboration with
relevant student associations, shall aim to have all students who can
benefit from available tax credits that mitigate the costs of higher
education take advantage of these opportunities. These tax credits
include the American opportunity tax credit provided in the American
recovery and reinvestment act of 2009, the lifetime learning credit,
and other relevant tax credits for as long as they are available.
(5)(a) Institutions shall make every effort to communicate to
students and their families the benefits of such tax credits and
provide assistance to students and their families on how to apply.
(b) Information about relevant tax credits shall, to the greatest
extent possible, be incorporated into financial aid counseling,
admission information, and individual billing statements.
(c) Institutions shall, to the greatest extent possible, use all
means of communication, including but not limited to web sites, online
catalogues, admission and registration forms, mass email messaging,
social media, and outside marketing to ensure information about
relevant tax credits is visible and compelling, and reaches the maximum
amount of student and families that can benefit.
(6) In the event that the economic value of the American
opportunity tax credit is reduced or expires at any time before
December 31, 2012, institutions of higher education shall:
(a) Develop an updated tuition mitigation plan established under
RCW 28B.15.102 for the purpose of minimizing, to the greatest extent
possible, the increase in net cost of tuition or total cost of
attendance for students resulting from any such change. This plan
shall include the methods specified by the four-year institution of
higher education to avoid adding additional loan debt burdens to
students regardless of the source of such loans;
(b) Report to the governor and the relevant committees of the
legislature on their plans to adjust their tuition mitigation plans no
later than ninety days after any such change to the American
opportunity tax credit.
Sec. 4 RCW 28B.50.903 and 2012 c 50 s 2 are each amended to read
as follows:
(1) The state board for community and technical colleges, in
collaboration with aerospace or advanced materials long-term training
providers, short-term training providers whose mission is focused on
customized and innovative short-term training, and apprenticeship
program providers, shall facilitate coordination and alignment of
aerospace training programs to the maximum extent possible. This
coordination and alignment shall include but not be limited to the
following activities:
(a) Providing up-to-date information about the aerospace and
advanced materials manufacturing training programs in the state;
(b) Providing information about grants and partnership
opportunities;
(c) Providing coordination for professional development for faculty
and other education and training providers;
(d) Evaluating programs identified by the aerospace and advanced
materials manufacturing pipeline advisory committee annually for
completion and job placement results; and
(e) Making budget recommendations to the governor and the
legislature specific to the aerospace and advanced materials
manufacturing training programs.
(2) The state board for community and technical colleges shall
establish an aerospace and advanced materials manufacturing pipeline
advisory committee consisting of not less than eleven nor more than
fifteen members. A majority of members shall represent industry with
the chair selected by the committee from among the industry members.
Members of the advisory committee shall also include at least two
persons representing labor who represent aerospace or advanced
materials production workers and also include education and training
providers including, but not limited to, the director of a long-term
training program, the director of a short-term training program whose
mission is to focus on customized and innovative short-term training,
and the director of an apprenticeship program. The advisory
committee's duties include but are not limited to:
(a) Providing direction for a skills gap analysis that is: (i)
Produced with the workforce training and education coordinating board
using data developed through the education data center; and (ii)
consistent with the joint assessment by the ((higher education
coordinating board or its successor)) student achievement council, the
state board for community and technical colleges, and the workforce
training and education coordinating board of the number and type of
higher education and training credentials required to match employer
demand for a skilled and educated workforce;
(b) Establishing goals for students served, program completion
rates, and employment rates;
(c) Coordinating and disseminating industry advice for aerospace
and advanced materials manufacturing training programs; and
(d) Recommending training programs for review by the workforce
training and education coordinating board in coordination with the
state board for community and technical colleges.
(3) All requirements in this section are subject to the
availability of amounts appropriated for the specific purposes
described.
Sec. 5 RCW 28B.67.010 and 2006 c 112 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Board" means the state board for community and technical
colleges.
(2) "Costs of training" and "training costs" means the direct costs
experienced under a contract with a qualified training institution for
formal technical or skill training, including basic skills. "Costs of
training" includes amounts in the contract for costs of instruction,
materials, equipment, rental of class space, marketing, and overhead.
"Costs of training" does not include employee tuition reimbursements
unless the tuition reimbursement is specifically included in a
contract.
(3) "Participant" means a private employer that, under this
chapter, undertakes a training program with a qualified training
institution.
(4) "Qualified training institution" means a public community or
technical college or a private vocational school licensed by either the
workforce training and education coordinating board or the ((higher
education coordinating board)) student achievement council.
(5) "Training allowance" and "allowance" means a voucher, credit,
or payment from the board to a participant to cover training costs.
(6) "Training program" means a program funded under this chapter at
a qualified training institution.
Sec. 6 RCW 28B.76.335 and 2010 c 235 s 507 are each amended to
read as follows:
As part of the state needs assessment process conducted by the
((board)) council in accordance with RCW ((28B.76.230)) 28B.77.080, the
((board)) council shall, in collaboration with the professional
educator standards board, assess the need for additional degree and
certificate programs in Washington that specialize in teacher
preparation to meet regional or subject area shortages. If the
((board)) council determines that there is a need for additional
programs, then the ((board)) council shall encourage the appropriate
institutions of higher education or institutional sectors to create
such a program.
Sec. 7 RCW 28B.76.340 and 2010 c 235 s 508 are each amended to
read as follows:
(1) The ((board)) council must establish boundaries for service
regions for institutions of higher education as defined in RCW
28B.10.016 implementing professional educator standards board-approved
educator preparation programs. Regions shall be established to
encourage and support, not exclude, the reach of public institutions of
higher education across the state.
(2) Based on the data in the assessment in RCW ((28B.76.230))
28B.77.080 and 28B.76.335 (as recodified by this act), the ((board))
council shall determine whether reasonable teacher preparation program
access for prospective teachers is available in each region. If access
is determined to be inadequate in a region, the institution of higher
education responsible for the region shall submit a plan for meeting
the access need to the ((board)) council.
(3) Partnerships with other teacher preparation program providers
and the use of appropriate technology shall be considered. The
((board)) council shall review the plan and, as appropriate, assist the
institution in developing support and resources for implementing the
plan.
Sec. 8 RCW 28B.76.670 and 2011 1st sp.s. c 11 s 124 are each
amended to read as follows:
(1) Recipients of the Washington award for vocational excellence
under RCW 28C.04.520 through 28C.04.550, who receive the award after
June 30, 1994, may receive a grant, if funds are available. The grant
shall be used to attend a postsecondary institution located in the
state of Washington. Recipients may attend an institution of higher
education as defined in RCW 28B.10.016, or an independent college or
university, or a licensed private vocational school. The office shall
distribute grants to eligible students under this section from moneys
appropriated for this purpose. The individual grants shall not exceed,
on a yearly basis, the yearly, full-time, resident, undergraduate
tuition and service and activities fees in effect at the state-funded
research universities. In consultation with the workforce training and
education coordinating board, the office shall establish procedures, by
rule, to disburse the awards as direct grants to the students.
(2) To qualify for the grant, recipients shall enter the
postsecondary institution within three years of high school graduation
and maintain a minimum grade point average at the institution
equivalent to 3.00, or, at a technical college, an above average
rating. Students shall be eligible to receive a maximum of two years
of grants for undergraduate study and may transfer among in-state
eligible postsecondary institutions during that period and continue to
receive the grant.
(3) No grant may be awarded to any student who is pursuing a degree
in theology.
(4) As used in this section, "independent college or university"
means a private, nonprofit educational institution, the main campus of
which is permanently situated in the state, open to residents of the
state, providing programs of education beyond the high school level
leading at least to the baccalaureate degree, and accredited by the
Northwest association of schools and colleges as of June 9, 1988, and
other institutions as may be developed that are approved by the
((higher education coordinating board)) student achievement council as
meeting equivalent standards as those institutions accredited under
this section.
(5) As used in this section, "licensed private vocational school"
means a private postsecondary institution, located in the state,
licensed by the workforce training and education coordinating board
under chapter 28C.10 RCW, and offering postsecondary education in order
to prepare persons for a vocation or profession, as defined in RCW
28C.10.020(7).
Sec. 9 RCW 28B.77.003 and 2012 c 229 s 103 are each amended to
read as follows:
(1) Guided by the state's overarching objective of substantially
increasing educational attainment for the purposes outlined in RCW
28B.77.001, the council's ((has a dual)) mission is:
(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;
(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; and
(c) To advocate for higher education through various means, with
the goal of educating the general public on the economic, social, and
civic benefits of postsecondary education, and the consequent need for
increased financial support and civic commitment in the state.
(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 professional educator standards board,
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.
Sec. 10 RCW 28B.77.005 and 2012 c 229 s 101 are each amended to
read as follows:
(1) On July 1, 2012, the higher education coordinating board is
abolished and the student achievement council is created.
(2) The council is composed of ((nine)) eleven 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. In making appointments
to the council, the governor shall give consideration to citizens
representing labor, business, women, and racial and ethnic minorities,
as well as geographic representation, to ensure that the council's
membership reflects the state's diverse population. The citizen
members shall serve for four-year terms except for the student member,
who shall serve for one year; 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)) subsection (2)(b)
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 system, selected by the state board for community and technical
colleges; ((and))
(iii) A representative of workforce training who is especially
knowledgeable in training for innovative advanced technology and other
growing sectors of the economy, selected by the workforce training and
education coordinating board;
(iv) A representative of early learning, selected by the department
of early learning; and
(v) A representative of the state's K-12 education system, selected
by the superintendent of public instruction in consultation with the
department of early learning and the state board of education. The
representative appointed under this subsection (2)(c)(((iii))) (v)
shall excuse himself or herself from voting on matters relating
primarily to institutions of higher education.
(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. Ad hoc advisory committees addressing
secondary to postsecondary transitions and university and college
admissions requirements must include K-12 sector representatives
including teachers, school directors, principals, administrators, and
others as the council may direct, in addition to higher education
representatives. The council shall maintain a contact list of K-12 and
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.
Sec. 11 RCW 28B.77.010 and 2012 c 229 s 102 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Committee" means the joint higher education committee.)) "Council" means the student achievement council.
(2)
(((3))) (2) "Education data center" means the education data center
established in the office of financial management as provided under RCW
43.41.400.
(((4))) (3) "Four-year institutions of higher education" means the
University of Washington, Washington State University, Central
Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College.
(((5))) (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.
(((6))) (5) "Mission change" means a change in the level of degree
awarded or institutional type not currently authorized in statute.
(((7))) (6) "Office" means the office of student financial
assistance created in RCW 28B.76.090.
Sec. 12 RCW 28B.77.020 and 2012 c 229 s 104 are each amended to
read as follows:
(1) Aligned with the state's biennial budget and policy cycles, the
council shall propose educational attainment goals and priorities to
meet the state's evolving needs. The council shall identify strategies
for meeting the goals and priorities by means of a short-term strategic
action plan and a ten-year plan that serves as a roadmap.
(a) The goals must address the needs of Washington residents to
reach higher levels of educational attainment and Washington's
workforce needs for certificates and degrees in particular fields of
study.
(b) The council shall identify the resources it deems appropriate
to meet statewide goals and also recognize current state economic
conditions and state resources.
(c) In proposing goals, the council shall collaborate with the
superintendent of public instruction, the professional educator
standards board, the state board of education, the state board for
community and technical colleges, the four-year institutions of higher
education, independent colleges and degree-granting institutions,
certificate-granting institutions, and the workforce training and
education coordinating board.
(2) The council shall update the strategic action plan every two
years with the first strategic action plan to be submitted to the
governor and the legislature by December 1, 2012. The ten-year roadmap
must be updated every two years with the first roadmap to be submitted
to the governor and the legislature by December 1, 2013. ((The council
must provide regular updates to the joint higher education committee
created in RCW 44.04.360 as needed.))
(3) In order to develop the ten-year roadmap, the council shall
conduct strategic planning in collaboration with agencies and
stakeholders and include input from the legislature. The roadmap must
encompass all sectors of higher education, including secondary to
postsecondary transitions. The roadmap must outline strategies that
address:
(a) Strategic planning, which includes setting benchmarks and goals
for long-term degree production generally and in particular fields of
study;
(b) Expanding access, affordability, quality, efficiency, and
accountability among the various institutions of higher education;
(c) Higher education finance planning and strategic investments
including budget recommendations necessary to meet statewide goals;
(d) System design and coordination;
(e) Improving student transitions;
(f) Higher education data and analysis, in collaboration with the
education data center, which includes outcomes for recruitment,
retention, and success of students;
(g) College and career access preparedness, in collaboration with
the office of the superintendent of public instruction and the state
board of education;
(h) Expanding participation and success for racial and ethnic
minorities in higher education;
(i) Development and expansion of innovations in higher education
including innovations to increase attainment of postsecondary
certificates, and associate, baccalaureate, graduate, and professional
degrees; and innovations to improve precollege education in terms of
cost-effectiveness and transitions to college-level education; and
(j) Relevant policy research.
(4) As needed, the council must conduct system reviews consistent
with RCW 28B.77.080.
(5) The council shall 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.
(6) The council shall 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 data from 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 appropriate to
conduct duties in (a) through (e) of this subsection.
(7) The council shall collaborate with the appropriate state
agencies and stakeholders, including the state board of education, the
office of the superintendent of public instruction, the state board for
community and technical colleges, the workforce training and education
coordinating board, and the four-year institutions of higher education
to 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) Proposing comprehensive policies and programs to encourage
students to prepare for, understand how to access, and pursue
postsecondary college and career programs, including specific policies
and programs for students with disabilities;
(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.
(8) 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.
(9) 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.
(10) The council shall protect higher education consumers
including:
(a) Approving degree-granting postsecondary institutions consistent
with existing statutory criteria;
(b) Establishing minimum criteria to assess whether students who
attend proprietary institutions of higher education shall be eligible
for the state need grant and other forms of state financial aid.
(i) The criteria shall include retention rates, completion rates,
loan default rates, and annual tuition increases, among other criteria
for students who receive state need grant as in chapter 28B.92 RCW and
any other state financial aid.
(ii) The council may remove proprietary institutions of higher
education from eligibility for the state need grant or other form of
state financial aid if it finds that the institution or college does
not meet minimum criteria.
(iii) The council shall report by December 1, 2014, to the
((joint)) higher education committees ((in RCW 44.04.360)) of the
legislature on the outcomes of students receiving state need grants,
impacts on meeting the state's higher education goals for educational
attainment, and options for prioritization of the state need grant and
possible consequences of implementing each option. When examining
options for prioritizing the state need grant the council shall
consider awarding grants based on need rather than date of application
and making awards based on other criteria selected by the council.
(11) The council shall adopt residency requirements by rule.
(12) The council shall arbitrate disputes between and among four-year institutions of higher education and the state board for community
and technical colleges at the request of one or more of the
institutions involved, or at the request of the governor, or from a
resolution adopted by the legislature. The decision of the council
shall be binding on the participants in the dispute.
(13) The council may solicit, accept, receive, and administer
federal funds or private funds, in trust, or otherwise, and contract
with foundations or with for-profit or nonprofit organizations to
support the purposes and functions of the council.
(14) The council shall represent the broad public interest above
the interests of the individual institutions of higher education.
Sec. 13 RCW 28B.77.070 and 2012 c 229 s 110 are each amended to
read as follows:
(1) The council shall identify budget priorities and levels of
funding for higher education, including the two and four-year
institutions of higher education and state financial aid programs. It
is the intent of the legislature for the council to make budget
recommendations for allocations for major policy changes in accordance
with priorities set forth in the ten-year plan, but the legislature
does not intend for the council to review and make recommendations on
individual institutional budgets. It is the intent of the legislature
that recommendations from the council prioritize funding needs for the
overall system of higher education in accordance with priorities set
forth in the ten-year plan. It is also the intent of the legislature
that the council's recommendations take into consideration the total
per-student funding at similar public institutions of higher education
in the global challenge states.
(2) By December of each odd-numbered year, the council shall
outline the council's fiscal priorities under the ten-year plan that it
must distribute to the institutions, the state board for community and
technical colleges, the office of financial management, and the
((joint)) higher education and fiscal committees of the legislature.
(a) Capital budget outlines for the two-year institutions shall be
submitted to the office of financial management by August 15th of each
even-numbered year, and shall include the prioritized ranking of the
capital projects being requested, a description of each capital
project, and the amount and fund source being requested.
(b) Capital budget outlines for the four-year institutions must be
submitted to the office of financial management by August 15th of each
even-numbered year, and must include: The institutions' priority
ranking of the project; the capital budget category within which the
project will be submitted to the office of financial management in
accordance with RCW 43.88D.010; a description of each capital project;
and the amount and fund source being requested.
(c) The office of financial management shall reference these
reporting requirements in its budget instructions.
(3) The council shall submit recommendations on the operating
budget priorities to support the ten-year plan to the office of
financial management by October 1st each year, and to the legislature
by January 1st each year.
(4)(a) The office of financial management shall develop one
prioritized list of capital projects for the legislature to consider
that includes all of the projects requested by the four-year
institutions of higher education that were scored by the office of
financial management pursuant to chapter 43.88D RCW, including projects
that were previously scored but not funded. The prioritized list of
capital projects shall be based on the following priorities in the
following order:
(i) Office of financial management scores pursuant to chapter
43.88D RCW;
(ii) Preserving assets;
(iii) Degree production; and
(iv) Maximizing efficient use of instructional space.
(b) The office of financial management shall include all of the
capital projects requested by the four-year institutions of higher
education, except for the minor works projects, in the prioritized list
of capital projects provided to the legislature.
(c) The form of the prioritized list for capital projects requested
by the four-year institutions of higher education shall be provided as
one list, ranked in priority order with the highest priority project
ranked number "1" through the lowest priority project numbered last.
The ranking for the prioritized list of capital projects may not:
(i) Include subpriorities;
(ii) Be organized by category;
(iii) Assume any state bond or building account biennial funding
level to prioritize the list; or
(iv) Assume any specific share of projects by institution in the
priority list.
(5) Institutions and the state board for community and technical
colleges shall submit any supplemental capital budget requests and
revisions to the office of financial management by November 1st and to
the legislature by January 1st.
Sec. 14 RCW 28B.105.020 and 2011 1st sp.s. c 11 s 183 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "GET units" means tuition units under the advanced college
tuition payment program in chapter 28B.95 RCW.
(2) "Institution of higher education" has the same meaning as in
RCW 28B.92.030.
(3) "Office" means the office of student financial assistance.
(4) "Program administrator" means the private nonprofit corporation
that is registered under Title 24 RCW and qualified as a tax-exempt
entity under section 501(c)(3) of the federal internal revenue code,
that will serve as the private partner in the public-private
partnership under this chapter.
(5) "Qualified program" or "qualified major" means a mathematics,
science, or related degree program or major line of study offered by an
institution of higher education that is included on the list of
programs or majors selected by the ((board)) student achievement
council and the program administrator under RCW 28B.105.100.
Sec. 15 RCW 28B.105.030 and 2007 c 214 s 3 are each amended to
read as follows:
(1) An eligible student is a student who:
(a) Is eligible for resident tuition and fee rates as defined in
RCW 28B.15.012;
(b) Achieved level four on the mathematics or science portion of
the tenth grade ((Washington)) statewide student assessment ((of
student learning)) or achieved a score in the math section of the SAT
or the math section of the ACT that is above the ninety-fifth
percentile;
(c) Has a family income at or below one hundred twenty-five percent
of the state median family income at the time the student applies for
a GET ready for math and science scholarship and for up to the two
previous years;
(d) Has declared an intention to complete a qualified program or
qualified major or has entered a qualified program or declared a
qualified major at an institution of higher education;
(e) Has declared an intention to work in a mathematics, science, or
related field in Washington for at least three years immediately
following completion of a bachelor's degree or higher degree.
(2) An eligible recipient is an eligible student who:
(a) Has been awarded a scholarship in accordance with the selection
criteria and process established by the ((board)) student achievement
council and the program administrator;
(b) Enrolls at an institution of higher education within one year
of graduating from high school;
(c) Maintains satisfactory academic progress, as defined by the
institution of higher education where the student is enrolled;
(d) Takes at least one college-level mathematics or science course
each term since enrolling in an institution of higher education; and
(e) Enters a qualified program or qualified major no later than the
end of the first term in which the student has junior level standing.
Sec. 16 RCW 28B.115.100 and 1991 c 332 s 23 are each amended to
read as follows:
In providing health care services the participant shall not
discriminate against a person on the basis of the person's ability to
pay for such services or because payment for the health care services
provided to such persons will be made under the insurance program
established under part A or B of Title XVIII of the federal social
security act or under a state plan for medical assistance including
Title XIX of the federal social security act or under the state medical
assistance program authorized by chapter 74.09 RCW and agrees to accept
assignment under section 18.42(b)(3)(B)(ii) of the federal social
security act for all services for which payment may be made under part
B of Title XVIII of the federal social security act and enters into an
appropriate agreement with the department of social and health services
for medical assistance under Title XIX of the federal social security
act to provide services to individuals entitled to medical assistance
under the plan and enters into appropriate agreements with the
department of social and health services for medical care services
under chapter 74.09 RCW. Participants found by the ((board)) student
achievement council or the department in violation of this section
shall be declared ineligible for receiving assistance under the program
authorized by this chapter.
Sec. 17 RCW 28B.115.150 and 2011 c 150 s 2 are each amended to
read as follows:
Any osteopathic or allopathic medical school receiving state funds
or authorized by the ((higher education coordinating board)) student
achievement council may not prohibit a hospital or physician from
entering into an agreement to provide student clinical rotations to
qualified osteopathic or allopathic medical students.
Sec. 18 RCW 28B.117.020 and 2012 c 163 s 3 are each amended to
read as follows:
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
office, including but not limited to tuition, fees, room, board, books,
personal expenses, and transportation, plus the cost of reasonable
additional expenses incurred by an eligible student and approved by a
financial aid administrator at the student's school of attendance.
(2) "Financial need" means the difference between a student's cost
of attendance and the student's total family contribution as determined
by the method prescribed by the United States department of education.
(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 ((board)) student achievement
council as meeting equivalent standards as those institutions
accredited under this section.
(4) "Institution of higher education" means any institution
eligible to and participating in the state need grant program.
(5) "Office" means the office of student financial assistance.
(6) "Program" means the passport to college promise program created
in this chapter.
Sec. 19 RCW 28B.117.030 and 2011 1st sp.s. c 11 s 221 are each
amended to read as follows:
(1) The office shall design and, to the extent funds are
appropriated for this purpose, implement, a program of supplemental
scholarship and student assistance for students who have emancipated
from the state foster care system after having spent at least one year
in care.
(2) The office shall convene and consult with an advisory committee
to assist with program design and implementation. The committee shall
include but not be limited to former foster care youth and their
advocates; representatives from the state board for community and
technical colleges, and from public and private agencies that assist
current and former foster care recipients in their transition to
adulthood; and student support specialists from public and private
colleges and universities.
(3) To the extent that sufficient funds have been appropriated for
this purpose, a student is eligible for assistance under this section
if he or she:
(a) Emancipated from foster care on or after January 1, 2007, after
having spent at least one year in foster care subsequent to his or her
sixteenth birthday;
(b) Is a resident student, as defined in RCW 28B.15.012(2);
(c) Is enrolled with or will enroll on at least a half-time basis
with an institution of higher education in Washington state by the age
of twenty-one;
(d) Is making satisfactory academic progress toward the completion
of a degree or certificate program, if receiving supplemental
scholarship assistance;
(e) Has not earned a bachelor's or professional degree; and
(f) Is not pursuing a degree in theology.
(4) A passport to college scholarship under this section:
(a) Shall not exceed resident undergraduate tuition and fees at the
highest-priced public institution of higher education in the state; and
(b) Shall not exceed the student's financial need, less a
reasonable self-help amount defined by the ((board)) office, when
combined with all other public and private grant, scholarship, and
waiver assistance the student receives.
(5) An eligible student may receive a passport to college
scholarship under this section for a maximum of five 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.
(6) The office, in consultation with and with assistance from the
state board for community and technical colleges, shall perform an
annual analysis to verify that those institutions of higher education
at which students have received a scholarship under this section have
awarded the student all available need-based and merit-based grant and
scholarship aid for which the student qualifies.
(7) In designing and implementing the passport to college student
support program under this section, the office, in consultation with
and with assistance from the state board for community and technical
colleges, shall ensure that a participating college or university:
(a) Has a viable plan for identifying students eligible for
assistance under this section, for tracking and enhancing their
academic progress, for addressing their unique needs for assistance
during school vacations and academic interims, and for linking them to
appropriate sources of assistance in their transition to adulthood;
(b) Receives financial and other incentives for achieving
measurable progress in the recruitment, retention, and graduation of
eligible students.
Sec. 20 RCW 28B.118.010 and 2012 c 229 s 402 and 2012 c 163 s 8
are each reenacted and amended to read as follows:
The office of student financial assistance shall design the
Washington college bound scholarship program in accordance with this
section and in alignment with the state need grant program in chapter
28B.92 RCW unless otherwise provided in this section.
(1) "Eligible students" are those students who:
(a) Qualify for free or reduced-price lunches. If a student
qualifies in the seventh grade, the student remains eligible even if
the student does not receive free or reduced-price lunches thereafter;
or
(b) Are dependent pursuant to chapter 13.34 RCW and:
(i) In grade seven through twelve; or
(ii) Are between the ages of eighteen and twenty-one and have not
graduated from high school.
(2) Eligible students shall be notified of their eligibility for
the Washington college bound scholarship program beginning in their
seventh grade year. Students shall also be notified of the
requirements for award of the scholarship.
(3)(a) To be eligible for a Washington college bound scholarship,
a student eligible under subsection (1)(a) of this section must sign a
pledge during seventh or eighth grade that includes a commitment to
graduate from high school with at least a C average and with no felony
convictions. The pledge must be witnessed by a parent or guardian and
forwarded to the office of student financial assistance by mail or
electronically, as indicated on the pledge form.
(b) A student eligible under subsection (1)(b) of this section
shall be automatically enrolled, with no action necessary by the
student or the student's family, and the enrollment form must be
forwarded by the department of social and health services to the
((higher education coordinating board or its successor)) student
achievement council by mail or electronically, as indicated on the
form.
(4)(a) Scholarships shall be awarded to eligible students
graduating from public high schools, approved private high schools
under chapter 28A.195 RCW, or who received home-based instruction under
chapter 28A.200 RCW.
(b) To receive the Washington college bound scholarship, a student
must graduate with at least a "C" average from a public high school or
an approved private high school under chapter 28A.195 RCW in Washington
or have received home-based instruction under chapter 28A.200 RCW, must
have no felony convictions, and must be a resident student as defined
in RCW 28B.15.012(2) (a) through (d).
(5) A student's family income will be assessed upon graduation
before awarding the scholarship.
(6) If at graduation from high school the student's family income
does not exceed sixty-five percent of the state median family income,
scholarship award amounts shall be as provided in this section.
(a) For students attending two or four-year institutions of higher
education as defined in RCW 28B.10.016, the value of the award shall be
(i) the difference between the student's tuition and required fees,
less the value of any state-funded grant, scholarship, or waiver
assistance the student receives; (ii) plus five hundred dollars for
books and materials.
(b) For students attending private four-year institutions of higher
education in Washington, the award amount shall be the representative
average of awards granted to students in public research universities
in Washington.
(c) For students attending private vocational schools in
Washington, the award amount shall be the representative average of
awards granted to students in public community and technical colleges
in Washington.
(7) Recipients may receive no more than four full-time years' worth
of scholarship awards.
(8) Institutions of higher education shall award the student all
need-based and merit-based financial aid for which the student would
otherwise qualify. The Washington college bound scholarship is
intended to replace unmet need, loans, and, at the student's option,
work-study award before any other grants or scholarships are reduced.
(9) The first scholarships shall be awarded to students graduating
in 2012.
(10) The state of Washington retains legal ownership of tuition
units awarded as scholarships under this chapter until the tuition
units are redeemed. These tuition units shall remain separately held
from any tuition units owned under chapter 28B.95 RCW by a Washington
college bound scholarship recipient.
(11) The scholarship award must be used within five years of
receipt. Any unused scholarship tuition units revert to the Washington
college bound scholarship account.
(12) Should the recipient terminate his or her enrollment for any
reason during the academic year, the unused portion of the scholarship
tuition units shall revert to the Washington college bound scholarship
account.
Sec. 21 RCW 28B.118.040 and 2011 1st sp.s. c 11 s 228 are each
amended to read as follows:
The office of student financial assistance shall:
(1) With the assistance of the office of the superintendent of
public instruction, implement and administer the Washington college
bound scholarship program;
(2) Develop and distribute, to all schools with students enrolled
in grade seven or eight, a pledge form that can be completed and
returned electronically or by mail by the student or the school to the
office of student financial assistance;
(3) Develop and implement a student application, selection, and
notification process for scholarships;
(4) Track scholarship recipients to ensure continued eligibility
and determine student compliance for awarding of scholarships;
(5) Subject to appropriation, deposit funds into the state
educational trust fund;
(6) Purchase tuition units under the advanced college tuition
payment program in chapter 28B.95 RCW to be owned and held in trust by
the ((board)) student achievement council, for the purpose of
scholarship awards as provided for in this section; and
(7) Distribute scholarship funds, in the form of tuition units
purchased under the advanced college tuition payment program in chapter
28B.95 RCW or through direct payments from the state educational trust
fund, to institutions of higher education on behalf of scholarship
recipients identified by the office, as long as recipients maintain
satisfactory academic progress.
Sec. 22 RCW 28B.145.010 and 2011 1st sp.s. c 13 s 2 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "((Board)) Council" means the ((higher education coordinating
board or its successor)) student achievement council.
(2) "Eligible education programs" means high employer demand and
other programs of study as determined by the opportunity scholarship
board.
(3) "Eligible expenses" means reasonable expenses associated with
the costs of acquiring an education such as tuition, books, equipment,
fees, room and board, and other expenses as determined by the program
administrator in consultation with the ((board)) council and the state
board for community and technical colleges.
(4) "Eligible student" means a resident student who received
((their)) his or her high school diploma or GED in Washington and who:
(a)(i) Has been accepted at a four-year institution of higher
education into an eligible education program leading to a baccalaureate
degree; or
(ii) Will attend a two-year institution of higher education and
intends to transfer to an eligible education program at a four-year
institution of higher education;
(b) Declares an intention to obtain a baccalaureate degree; and
(c) Has a family income at or below one hundred twenty-five percent
of the state median family income at the time the student applies for
an opportunity scholarship.
(5) "High employer demand program of study" has the same meaning as
provided in RCW 28B.50.030.
(6) "Participant" means an eligible student who has received a
scholarship under the opportunity scholarship program.
(7) "Program administrator" means a college scholarship
organization that is a private nonprofit corporation registered under
Title 24 RCW and qualified as a tax-exempt entity under section
501(c)(3) of the federal internal revenue code, with expertise in
managing scholarships and college advising.
(8) "Resident student" has the same meaning as provided in RCW
28B.15.012.
Sec. 23 RCW 28B.145.030 and 2011 1st sp.s. c 13 s 4 are each
amended to read as follows:
(1) The program administrator, under contract with the ((board))
council, shall staff the opportunity scholarship board and shall have
the duties and responsibilities provided in this chapter, including but
not limited to publicizing the program, selecting participants for the
opportunity scholarship award, distributing opportunity scholarship
awards, and achieving the maximum possible rate of return on investment
of the accounts in subsection (2) of this section, while ensuring
transparency in the investment decisions and processes. Duties,
exercised jointly with the opportunity scholarship board, include
soliciting funds and setting annual fund-raising goals. The program
administrator shall be paid an administrative fee as determined by the
opportunity scholarship board.
(2) With respect to the opportunity scholarship program, the
program administrator shall:
(a) Establish and manage two separate accounts into which to
receive grants and contributions from private sources as well as state
matching funds, and from which to disburse scholarship funds to
participants;
(b) Solicit and accept grants and contributions from private
sources, via direct payment, pledge agreement, or escrow account, of
private sources for deposit into one or both of the two accounts
created in this subsection (2)(b) in accordance with this subsection
(2)(b):
(i) The "scholarship account," whose principal may be invaded, and
from which scholarships must be disbursed beginning no later than
December 1, 2011, if, by that date, state matching funds in the amount
of five million dollars or more have been received. Thereafter,
scholarships shall be disbursed on an annual basis beginning no later
than May 1, 2012, and every May 1st thereafter;
(ii) The "endowment account," from which scholarship moneys may be
disbursed from earnings only in years when:
(A) The state match has been made into both the scholarship and the
endowment account;
(B) The state appropriations for the state need grant under RCW
28B.92.010 meet or exceed state appropriations for the state need grant
made in the 2011-2013 biennium, adjusted for inflation, and eligibility
for state need grant recipients is at least seventy percent of state
median family income; and
(C) The state has demonstrated progress toward the goal of 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, as defined, measured, and reported in RCW 28B.15.068.
In any year in which the office of financial management reports that
the state has not made progress toward this goal, no new scholarships
may be awarded. In any year in which the office of financial
management reports that the percentile of total per-student funding is
less than the sixtieth percentile and at least five percent less than
the prior year, pledges of future grants and contributions may, at the
request of the donor, be released and grants and contributions already
received refunded to the extent that opportunity scholarship awards
already made can be fulfilled from the funds remaining in the endowment
account; and
(iii) An amount equal to at least fifty percent of all grants and
contributions must be deposited into the scholarship account until such
time as twenty million dollars have been deposited into the account,
after which time the private donors may designate whether their
contributions must be deposited to the scholarship or the endowment
account. The opportunity scholarship board and the program
administrator must work to maximize private sector contributions to
both the scholarship account and the endowment account, to maintain a
robust scholarship program while simultaneously building the endowment,
and to determine the division between the two accounts in the case of
undesignated grants and contributions, taking into account the need for
a long-term funding mechanism and the short-term needs of families and
students in Washington. The first five million dollars in state match,
as provided in RCW 28B.145.040, shall be deposited into the scholarship
account and thereafter the state match shall be deposited into the two
accounts in equal proportion to the private funds deposited in each
account;
(c) Provide proof of receipt of grants and contributions from
private sources to the ((board)) council, identifying the amounts
received by name of private source and date, and whether the amounts
received were deposited into the scholarship or the endowment account;
(d) In consultation with the ((higher education coordinating
board)) council and the state board for community and technical
colleges, make an assessment of the reasonable annual eligible expenses
associated with eligible education programs identified by the
opportunity scholarship board;
(e) Determine the dollar difference between tuition fees charged by
institutions of higher education in the 2008-09 academic year and the
academic year for which an opportunity scholarship is being
distributed;
(f) Develop and implement an application, selection, and
notification process for awarding opportunity scholarships;
(g) Determine the annual amount of the opportunity scholarship for
each selected participant. The annual amount shall be at least one
thousand dollars or the amount determined under (e) of this subsection,
but may be increased on an income-based, sliding scale basis up to the
amount necessary to cover all reasonable annual eligible expenses as
assessed pursuant to (d) of this subsection, or to encourage
participation in baccalaureate degree programs identified by the
opportunity scholarship board;
(h) Distribute scholarship funds to selected participants. Once
awarded, and to the extent funds are available for distribution, an
opportunity scholarship shall be automatically renewed until the
participant withdraws from or is no longer attending the program,
completes the program, or has taken the credit or clock hour equivalent
of one hundred twenty-five percent of the published length of time of
the participant's program, whichever occurs first, and as long as the
participant annually submits documentation of filing both a free
application for federal student aid and for available federal education
tax credits, including but not limited to the American opportunity tax
credit; and
(i) Notify institutions of scholarship recipients who will attend
their institutions and inform them of the terms of the students'
eligibility.
(3) With respect to the opportunity expansion program, the program
administrator shall:
(a) Assist the opportunity scholarship board in developing and
implementing an application, selection, and notification process for
making opportunity expansion awards; and
(b) Solicit and accept grants and contributions from private
sources for opportunity expansion awards.
Sec. 24 RCW 28B.145.050 and 2011 1st sp.s. c 13 s 6 are each
amended to read as follows:
(1) The opportunity scholarship match transfer account is created
in the custody of the state treasurer as a nonappropriated account to
be used solely and exclusively for the opportunity scholarship program
created in RCW 28B.145.040. The purpose of the account is to provide
matching funds for the opportunity scholarship program.
(2) Revenues to the account shall consist of appropriations by the
legislature into the account and any gifts, grants, or donations
received by the director of the ((board)) council for this purpose.
(3) No expenditures from the account may be made except upon
receipt of proof, by the director of the ((board)) council from the
program administrator, of private contributions to the opportunity
scholarship program. Expenditures, in the form of matching funds, may
not exceed the total amount of private contributions.
(4) Only the director of the ((board)) council or the director's
designee may authorize expenditures from the opportunity scholarship
match transfer account. Such authorization must be made as soon as
practicable following receipt of proof as required under subsection (3)
of this section.
Sec. 25 RCW 28B.145.060 and 2011 1st sp.s. c 13 s 7 are each
amended to read as follows:
(1) The opportunity expansion program is established.
(2) The opportunity scholarship board shall select institutions of
higher education to receive opportunity expansion awards. In so doing,
the opportunity scholarship board must:
(a) Solicit, receive, and evaluate proposals from institutions of
higher education that are designed to directly increase the number of
baccalaureate degrees produced in high employer demand and other
programs of study, and that include annual numerical targets for the
number of such degrees, with a strong emphasis on serving students who
received their high school diploma or GED in Washington or are adult
Washington residents who are returning to school to gain a
baccalaureate degree;
(b) Develop criteria for evaluating proposals and awarding funds to
the proposals deemed most likely to increase the number of
baccalaureate degrees and degrees produced in high employer demand and
other programs of study;
(c) Give priority to proposals that include a partnership between
public and private partnership entities that leverage additional
private funds;
(d) Give priority to proposals that are innovative, efficient, and
cost-effective, given the nature and cost of the particular program of
study;
(e) Consult and operate in consultation with existing higher
education stakeholders, including but not limited to: Faculty, labor,
student organizations, and relevant higher education agencies; and
(f) Determine which proposals to improve and accelerate the
production of baccalaureate degrees in high employer demand and other
programs of study will receive opportunity expansion awards for the
following state fiscal year, notify the state treasurer, and announce
the awards.
(3) The state treasurer, at the direction of the opportunity
scholarship board, must distribute the funds that have been awarded to
the institutions of higher education from the opportunity expansion
account.
(4) Institutions of higher education receiving awards under this
section may not supplant existing general fund state revenues with
opportunity expansion awards.
(5) Annually, the office of financial management shall report to
the opportunity scholarship board, the governor, and the relevant
committees of the legislature regarding the percentage of Washington
households with incomes in the middle-income bracket or higher. For
purposes of this section, "middle-income bracket" means household
incomes between two hundred and five hundred percent of the 2010
federal poverty level, as determined by the United States department of
health and human services for a family of four, adjusted annually for
inflation.
(6) Annually, the ((higher education coordinating board)) council
must report to the opportunity scholarship board, the governor, and the
relevant committees of the legislature regarding the increase in the
number of degrees in high employer demand and other programs of study
awarded by institutions of higher education over the average of the
preceding ten academic years.
(7) In its comprehensive plan, the workforce training and education
coordinating board shall include specific strategies to reach the goal
of increasing the percentage of Washington households living in the
middle-income bracket or higher, as calculated by the office of
financial management and developed by the agency or education
institution that will lead the strategy.
Sec. 26 RCW 28B.145.070 and 2011 1st sp.s. c 13 s 8 are each
amended to read as follows:
(1) By December 1, 2012, and annually each December 1st thereafter,
the opportunity scholarship board, together with the program
administrator, shall report to the ((board)) council, the governor, and
the appropriate committees of the legislature regarding the opportunity
scholarship and opportunity expansion programs, including but not
limited to:
(a) Which education programs the opportunity scholarship board
determined were eligible for purposes of the opportunity scholarship;
(b) The number of applicants for the opportunity scholarship,
disaggregated, to the extent possible, by race, ethnicity, gender,
county of origin, age, and median family income;
(c) The number of participants in the opportunity scholarship
program, disaggregated, to the extent possible, by race, ethnicity,
gender, county of origin, age, and median family income;
(d) The number and amount of the scholarships actually awarded, and
whether the scholarships were paid from the scholarship account or the
endowment account;
(e) The institutions and eligible education programs in which
opportunity scholarship participants enrolled, together with data
regarding participants' completion and graduation;
(f) The total amount of private contributions and state match
moneys received for the opportunity scholarship program, how the funds
were distributed between the scholarship and endowment accounts, the
interest or other earnings on the accounts, and the amount of any
administrative fee paid to the program administrator; and
(g) Identification of the programs the opportunity scholarship
board selected to receive opportunity expansion awards and the amount
of such awards.
(2) In the next succeeding legislative session following receipt of
a report required under subsection (1) of this section, the appropriate
committees of the legislature shall review the report and consider
whether any legislative action is necessary with respect to either the
opportunity scholarship program or the opportunity expansion program,
including but not limited to consideration of whether any legislative
action is necessary with respect to the nature and level of focus on
high employer demand fields and the number and amount of scholarships.
Sec. 27 RCW 43.88.230 and 2012 c 229 s 205 and 2012 c 113 s 7 are
each reenacted and amended to read as follows:
For the purposes of this chapter, the statute law committee, the
joint legislative audit and review committee, the joint transportation
committee, the legislative evaluation and accountability program
committee, the office of legislative support services, ((the joint
higher education committee,)) the office of state actuary, and all
legislative standing committees of both houses shall be deemed a part
of the legislative branch of state government.
Sec. 28 RCW 43.330.310 and 2012 c 229 s 590 and 2012 c 198 s 12
are each reenacted to read as follows:
(1) The legislature establishes a comprehensive green economy jobs
growth initiative based on the goal of, by 2020, increasing the number
of green economy jobs to twenty-five thousand from the eight thousand
four hundred green economy jobs the state had in 2004.
(2) The department, in consultation with the employment security
department, the state workforce training and education coordinating
board, and the state board for community and technical colleges, shall
develop a defined list of terms, consistent with current workforce and
economic development terms, associated with green economy industries
and jobs.
(3)(a) The employment security department, in consultation with the
department, the state workforce training and education coordinating
board, the state board for community and technical colleges, Washington
State University small business development center, and the Washington
State University extension energy program, shall conduct labor market
research to analyze the current labor market and projected job growth
in the green economy, the current and projected recruitment and skill
requirement of green economy industry employers, the wage and benefits
ranges of jobs within green economy industries, and the education and
training requirements of entry-level and incumbent workers in those
industries.
(i) The employment security department shall conduct an analysis of
occupations in the forest products industry to: (A) Determine key
growth factors and employment projections in the industry; and (B)
define the education and skill standards required for current and
emerging green occupations in the industry.
(ii) The term "forest products industry" must be given a broad
interpretation when implementing (a)(i) of this subsection and
includes, but is not limited to, businesses that grow, manage, harvest,
transport, and process forest, wood, and paper products.
(b) The University of Washington business and economic development
center shall: Analyze the current opportunities for and participation
in the green economy by minority and women-owned business enterprises
in Washington; identify existing barriers to their successful
participation in the green economy; and develop strategies with
specific policy recommendations to improve their successful
participation in the green economy. The research may be informed by
the research of the Puget Sound regional council prosperity
partnership, as well as other entities. The University of Washington
business and economic development center shall report to the
appropriate committees of the house of representatives and the senate
on their research, analysis, and recommendations by December 1, 2008.
(4) Based on the findings from subsection (3) of this section, the
employment security department, in consultation with the department and
taking into account the requirements and goals of chapter 14, Laws of
2008 and other state clean energy and energy efficiency policies, shall
propose which industries will be considered high-demand green
industries, based on current and projected job creation and their
strategic importance to the development of the state's green economy.
The employment security department and the department shall take into
account which jobs within green economy industries will be considered
high-wage occupations and occupations that are part of career pathways
to the same, based on family-sustaining wage and benefits ranges.
These designations, and the results of the employment security
department's broader labor market research, shall inform the planning
and strategic direction of the department, the state workforce training
and education coordinating board, and the state board for community and
technical colleges.
(5) The department shall identify emerging technologies and
innovations that are likely to contribute to advancements in the green
economy, including the activities in designated innovation partnership
zones established in RCW 43.330.270.
(6) The department, consistent with the priorities established by
the state economic development commission, shall:
(a) Develop targeting criteria for existing investments, and make
recommendations for new or expanded financial incentives and
comprehensive strategies, to recruit, retain, and expand green economy
industries and small businesses; and
(b) Make recommendations for new or expanded financial incentives
and comprehensive strategies to stimulate research and development of
green technology and innovation, including designating innovation
partnership zones linked to the green economy.
(7) For the purposes of this section, "target populations" means
(a) entry-level or incumbent workers in high-demand green industries
who are in, or are preparing for, high-wage occupations; (b) dislocated
workers in declining industries who may be retrained for high-wage
occupations in high-demand green industries; (c) dislocated
agriculture, timber, or energy sector workers who may be retrained for
high-wage occupations in high-demand green industries; (d) eligible
veterans or national guard members; (e) disadvantaged populations; or
(f) anyone eligible to participate in the state opportunity grant
program under RCW 28B.50.271.
(8) The legislature directs the state workforce training and
education coordinating board to create and pilot green industry skill
panels. These panels shall consist of business representatives from:
Green industry sectors, including but not limited to forest product
companies, companies engaged in energy efficiency and renewable energy
production, companies engaged in pollution prevention, reduction, and
mitigation, and companies engaged in green building work and green
transportation; labor unions representing workers in those industries
or labor affiliates administering state-approved, joint apprenticeship
programs or labor-management partnership programs that train workers
for these industries; state and local veterans agencies; employer
associations; educational institutions; and local workforce development
councils within the region that the panels propose to operate; and
other key stakeholders as determined by the applicant. Any of these
stakeholder organizations are eligible to receive grants under this
section and serve as the intermediary that convenes and leads the
panel. Panel applicants must provide labor market and industry
analysis that demonstrates high demand, or demand of strategic
importance to the development of the state's clean energy economy as
identified in this section, for high-wage occupations, or occupations
that are part of career pathways to the same, within the relevant
industry sector. The panel shall:
(a) Conduct labor market and industry analyses, in consultation
with the employment security department, and drawing on the findings of
its research when available;
(b) Plan strategies to meet the recruitment and training needs of
the industry and small businesses; and
(c) Leverage and align other public and private funding sources.
Sec. 29 RCW 44.04.260 and 2012 c 229 s 204 and 2012 c 113 s 6 are
each reenacted and amended to read as follows:
The joint legislative audit and review committee, the joint
transportation committee, the select committee on pension policy, the
legislative evaluation and accountability program committee, the office
of legislative support services, ((the joint higher education
committee,)) and the joint legislative systems committee are subject to
such operational policies, procedures, and oversight as are deemed
necessary by the facilities and operations committee of the senate and
the executive rules committee of the house of representatives to ensure
operational adequacy of the agencies of the legislative branch. As
used in this section, "operational policies, procedures, and oversight"
includes the development process of biennial budgets, contracting
procedures, personnel policies, and compensation plans, selection of a
chief administrator, facilities, and expenditures. This section does
not grant oversight authority to the facilities and operations
committee of the senate over any standing committee of the house of
representatives or oversight authority to the executive rules committee
of the house of representatives over any standing committee of the
senate.
NEW SECTION. Sec. 30 The following acts or parts of acts are
each repealed:
(1) RCW 44.04.360 (Joint higher education committee -- Purpose) and
2012 c 229 s 201;
(2) RCW 44.04.362 (Joint higher education committee -- Membership)
and 2012 c 229 s 202; and
(3) RCW 44.04.364 (Joint higher education committee -- Meetings--Reimbursement -- Rules -- Staffing) and 2012 c 229 s 203.
NEW SECTION. Sec. 31 RCW 28B.76.335 and 28B.76.340 are each
recodified as sections in chapter 28B.77 RCW.
NEW SECTION. Sec. 32 Section 5 of this act expires July 1, 2017.