S-5825.1

SUBSTITUTE SENATE BILL 6505

BySenate Early Learning & K-12 Education (originally sponsored by Senators Mullet, Wellman, Hunt, Braun, Holy, Pedersen, Wagoner, Rolfes, Salomon, Padden, McCoy, Liias, Wilson, C., Hawkins, Rivers, Conway, Nguyen, and Van De Wege; by request of Superintendent of Public Instruction)

AN ACT Relating to expanding access to dual credit opportunities by eliminating direct costs to students and families; amending RCW 28A.600.290 and 28A.600.290; reenacting and amending RCW 28A.600.310; adding new sections to chapter 28A.600 RCW; creating new sections; providing an effective date; and providing expiration dates.

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

Further, the legislature recognizes that dual credit students are students served at the same time by multiple publicly funded education systems. Solving the challenges driving inequitable access to and success in dual credit courses requires coordination, collaboration, and transparency between these systems.

Further, cost should not be a barrier for any basic education student. Students earning college credit while enrolled in high school are basic education students. As such, students and their families should not have to pay out-of-pocket for fees, books, or supplies required for participation in dual credit programs.

Sec. 2. RCW 28A.600.310 and 2019 c 252 s 115 and 2019 c 176 s 2 are each reenacted and amended to read as follows:

(1)(a) Eleventh and twelfth grade students or students who have not yet received the credits required for the award of a high school diploma and are eligible to be in the eleventh or twelfth grades may apply to a participating institution of higher education to enroll in courses or programs offered by the institution of higher education.

(b) The course sections and programs offered as running start courses must also be open for registration to matriculated students at the participating institution of higher education and may not be a course consisting solely of high school students offered at a high school campus.

(c) A student receiving home-based instruction enrolling in a public high school for the sole purpose of participating in courses or programs offered by institutions of higher education shall not be counted by the school district in any required state or federal accountability reporting if the student's parents or guardians filed a declaration of intent to provide home-based instruction and the student received home-based instruction during the school year before the school year in which the student intends to participate in courses or programs offered by the institution of higher education. Students receiving home-based instruction under chapter 28A.200 RCW and students attending private schools approved under chapter 28A.195 RCW shall not be required to meet the student learning goals or to learn the state learning standards. However, students are eligible to enroll in courses or programs in participating universities only if the board of directors of the student's school district has decided to participate in the program. Participating institutions of higher education, in consultation with school districts, may establish admission standards for these students. If the institution of higher education accepts a secondary school pupil for enrollment under this section, the institution of higher education shall send written notice to the pupil and the pupil's school district within ten days of acceptance. The notice shall indicate the course and hours of enrollment for that pupil.

(2)(a) In lieu of tuition and fees, as defined in RCW 28B.15.020 and 28B.15.041:

(i) ((Running))Through the 2021-22 school year, running start students shall pay to the community or technical college all other mandatory fees as established by each community or technical college and, in addition, the state board for community and technical colleges may authorize a fee of up to ten percent of tuition and fees as defined in RCW 28B.15.020 and 28B.15.041; ((and))

(ii) ((All))Through the 2021-22 school year, all other institutions of higher education operating a running start program may charge running start students a fee of up to ten percent of tuition and fees as defined in RCW 28B.15.020 and 28B.15.041 in addition to technology fees;

(iii) Beginning with the 2022-23 school year, institutions of higher education must waive all fees for running start students, except for those fees voted on by an institution of higher education's student body.

(b) The fees charged under this subsection (2) shall be prorated based on credit load.

(c) Students may pay fees under this subsection with advanced college tuition payment program tuition units at a rate set by the advanced college tuition payment program governing body under chapter 28B.95 RCW.

(3) Beginning with the 2023-24 school year, institutions of higher education must waive all fees for running start students, except for those fees voted on by an institution of higher education's student body, and ensure running start students are not charged for the costs of any books, fees, and/or supplies required for the courses in which a student is enrolled.

(5)(a) The institutions of higher education must make available fee waivers for low-income running start students. A student shall be considered low income and eligible for a fee waiver upon proof that the student is currently qualified to receive free or reduced-price lunch. Acceptable documentation of low-income status may also include, but is not limited to, documentation that a student has been deemed eligible for free or reduced-price lunches in the last five years, or other criteria established in the institution's policy.

(b)(i) By the beginning of the 2020-21 school year, school districts, upon knowledge of a low-income student's enrollment in running start, must provide documentation of the student's low-income status, under (a) of this subsection, directly to institutions of higher education.

(ii) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction, in consultation with the Washington student achievement council, shall develop a centralized process for school districts to provide students' low-income status to institutions of higher education to meet the requirements of (b)(i) of this subsection.

(c) Institutions of higher education, in collaboration with relevant student associations, shall aim to have students who can benefit from fee waivers take advantage of these waivers. Institutions shall make every effort to communicate to students and their families the benefits of the waivers and provide assistance to students and their families on how to apply. Information about waivers shall, to the greatest extent possible, be incorporated into financial aid counseling, admission information, and individual billing statements. Institutions also 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 that information about waivers is visible, compelling, and reaches the maximum number of students and families that can benefit.

(((4)))(6) The pupil's school district shall transmit to the institution of higher education an amount per each full-time equivalent college student at statewide uniform rates for vocational and nonvocational students. The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to school districts for purposes of making such payments and for granting school districts seven percent thereof to offset program related costs. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW. The superintendent of public instruction, participating institutions of higher education, and the state board for community and technical colleges shall consult on the calculation and distribution of the funds. The funds received by the institution of higher education from the school district shall not be deemed tuition or operating fees and may be retained by the institution of higher education. A student enrolled under this subsection shall be counted for the purpose of meeting enrollment targets in accordance with terms and conditions specified in the omnibus appropriations act.

Sec. 3. RCW 28A.600.290 and 2015 c 202 s 3 are each amended to read as follows:

(1)(a) Subject to the availability of amounts appropriated for this specific purpose and commencing with the 2015-16 school year, funding may be allocated at an amount per college credit for eleventh and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the eleventh or twelfth grade who are enrolled in college in the high school courses under this section as specified in the omnibus appropriations act and adjusted for inflation from the 2015-16 school year. The maximum annual number of allocated credits per participating student shall be specified in the omnibus appropriations act, which must not exceed ten credits. Funding shall be prioritized in the following order:

(i) High schools offering a running start in the high school program in school year 2014-15. These schools shall only receive prioritized funding in school year 2015-16;

(ii) Students whose residence or the high school in which they are enrolled is located twenty driving miles or more as measured by the most direct route from the nearest eligible institution of higher education offering a running start program, whichever is greater; and

(iii) High schools eligible for the small school funding enhancement in the omnibus appropriations act.

(b)(i) Subject to the availability of amounts appropriated for this specific purpose and commencing with the 2015-16 school year, and only after the programs in (a) of this subsection are funded, a subsidy may be provided per college credit for eleventh and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the eleventh or twelfth grade who have been deemed eligible for free or reduced-price lunch and are enrolled in college in the high school courses under this section as specified in the omnibus appropriations act and adjusted for inflation from the 2015-16 school year. The maximum annual number of subsidized credits per participating student shall be specified in the omnibus appropriations act, which must not exceed five credits.

(ii) Districts wishing to participate in the subsidy program must apply to the office of the superintendent of public instruction by July 1st of each year and report the preliminary estimate of eligible students to receive the subsidy and the total number of projected credit hours.

(iii) The office of the superintendent of public instruction shall notify districts by September 1st of each school year if the district's students will receive the subsidy. If more districts apply than funding is available, the office of the superintendent of public instruction shall prioritize the district applications. The superintendent shall develop factors to determine priority including, but not limited to, the number of dual credit opportunities available for low-income students in the districts.

(c) Districts shall remit any allocations or subsidies on behalf of participating students under (a) and (b) of this subsection to the participating institution of higher education and those students shall not be required to pay for the credits.

(d) ((The minimum allocation and subsidy under this section is sixty-five dollars per quarter credit for credit-bearing postsecondary coursework. The office of the superintendent of public instruction, the student achievement council, the state board for community and technical colleges, and the public baccalaureate institutions shall review funding levels for the program every four years beginning in 2017 and recommend changes))(i) The maximum per quarter credit tuition fee for credit-bearing postsecondary coursework is sixty-five dollars per quarter credit adjusted for inflation using the implicit price deflator for that fiscal year, using fiscal year 2019 as the base, as compiled by the bureau of labor statistics, United States department of labor for the state of Washington.

(ii) By July 1st of each year, the office of the superintendent of public instruction must calculate the maximum per quarter credit tuition fee and post the fee on its web site.

(e) Students may pay college in the high school fees with advanced college tuition payment program tuition units at a rate set by the advanced college tuition payment program governing body under chapter 28B.95 RCW.

(2) For the purposes of funding students enrolled in the college in the high school program in accordance with subsection (1) of this section, college in the high school is defined as a dual credit program located on a high school campus or in a high school environment in which a high school student is able to earn both high school and postsecondary credit by completing postsecondary level courses with a passing grade.

(3) College in the high school programs may include both academic and career and technical education.

(4) College in the high school programs shall each be governed by a local contract between the district and the participating institution of higher education, in compliance with the rules adopted by the superintendent of public instruction under this section.

(5) The college in the high school program must meet the accreditation standards established in RCW 28B.10.035 and also include the provisions in this subsection.

(a) The high school and participating institution of higher education together shall define the criteria for student eligibility. The institution of higher education may charge tuition fees to participating students. If specific funding is provided in the omnibus appropriations act for the per credit allocations and per credit subsidies under subsection (1) of this section, the maximum per credit fee charged to any enrolled student may not exceed the amount of the per credit allocation or subsidy.

(b) The funds received by the participating institution of higher education may not be deemed tuition or operating fees and may be retained by the institution of higher education.

(c) Enrollment information on persons registered under this section must be maintained by the institution of higher education separately from other enrollment information and may not be included in official enrollment reports, nor may such persons be considered in any enrollment statistics that would affect higher education budgetary determinations.

(d) A school district must grant high school credit to a student enrolled in a program course if the student successfully completes the course. If no comparable course is offered by the school district, the school district superintendent shall determine how many credits to award for the course. The determination shall be made in writing before the student enrolls in the course. The credits shall be applied toward graduation requirements and subject area requirements. Evidence of successful completion of each program course shall be included in the student's secondary school records and transcript.

(e) A participating institution of higher education must grant college credit to a student enrolled in a program course if the student successfully completes the course. The college credit shall be applied toward general education requirements or degree requirements at institutions of higher education. Evidence of successful completion of each program course must be included in the student's college transcript.

(f) ((Tenth))Ninth, tenth, eleventh, and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the ninth, tenth, eleventh, or twelfth grades may participate in the college in the high school program.

(g) Participating school districts must provide general information about the college in the high school program to all students in grades ((nine))eight through twelve and to the parents and guardians of those students.

(h) Full-time and part-time faculty at institutions of higher education, including adjunct faculty, are eligible to teach program courses.

(6) The superintendent of public instruction shall adopt rules for the administration of this section. The rules shall be jointly developed by the superintendent of public instruction, the state board for community and technical colleges, the student achievement council, and the public baccalaureate institutions. The association of Washington school principals must be consulted during the rules development. The rules must outline quality and eligibility standards that are informed by nationally recognized standards or models. In addition, the rules must encourage the maximum use of the program and may not narrow or limit the enrollment options.

(7) The definitions in this subsection apply throughout this section.

(a) "Institution of higher education" has the definition in RCW 28B.10.016, and also includes a public tribal college located in Washington and accredited by the Northwest commission on colleges and universities or another accrediting association recognized by the United States department of education.

(b) "Program course" means a college course offered in a high school under the college in the high school program.

NEW SECTION.  Sec. 4. A new section is added to chapter 28A.600 RCW to read as follows:

(1) Beginning with the 2021-22 school year, any school district that offers an exam-based dual credit course must use state or local funds, in compliance with RCW 28A.150.276, or appropriate federal funds, to ensure students are not charged any direct costs associated with the course or the related exam.

(2) For purposes of this section, "direct cost" means fees, books, or supplies required for participation in an exam-based dual credit course or program.

NEW SECTION.  Sec. 5. A new section is added to chapter 28A.600 RCW to read as follows:

(1) Beginning with the 2022-23 school year, any school district that offers career and technical education dual credit courses must use state or local funds, in compliance with RCW 28A.150.276, or appropriate federal funds, to ensure students are not charged any direct costs associated with the course.

(2) For purposes of this section:

(a) "Career and technical education dual credit courses" are courses, also known as tech prep, taught at a high school or skills center through an agreement with community and technical colleges as described in RCW 28B.50.531, and that offer high school and college credit to students who successfully complete the course.

(b) "Direct cost" means fees, books, or supplies required for participation in career and technical education dual credit courses.

(2) The task force must be convened by the office of the superintendent of public instruction by August 1, 2020. The superintendent of public instruction or the superintendent's designee must serve as chair of the task force.

(3) The task force must consist of, at a minimum:

(a) A representative from each major caucus of the house of representatives, appointed by the speaker of the house of representatives;

(b) A representative from each major caucus of the senate, appointed by the president of the senate;

(c) Representatives from the office of the superintendent of public instruction, the Washington student achievement council, the Washington state board for community and technical colleges, the council of presidents, and the independent colleges of Washington;

(d) A person knowledgeable about school district finances;

(e) A person knowledgeable about community and technical college finances;

(f) A person knowledgeable about baccalaureate institution finances;

(g) Representatives from the association of Washington school principals, Washington association of school administrators, and the Washington school counselors association; and

(h) Other persons selected by the office of the superintendent of public instruction.

(4)(a) By January 1, 2021, the task force must provide a report to the appropriate committees of the legislature describing each direct charge incurred by a student when participating in dual credit programs. The report must provide the information disaggregated by each institution of higher education and by each school district providing dual credit programming. Examples of such direct charges include, but are not limited to:

(i) Per credit tuition fees and any other fee charged for college in the high school courses;

(ii) Type of fee and fee amount charged to running start students when enrolling in college courses; and

(iii) Exam fees and other charges to students enrolling in exam-based dual credit courses.

(b) For the purposes of this subsection, "direct cost" means fees, books, or supplies required for participation in a dual credit course or program.

(5) By August 1, 2021, the task force must submit a report to the appropriate committees of the legislature describing recommendations for:

(a) Increasing the number of high school teachers qualified to teach college in the high school courses;

(b) Using existing funding to increase rural, remote, and small school access; and

(c) Guidelines for institutions of higher education and school districts to ensure students' earned dual credit is accurately transcribed on high school and college transcripts.

(6) By August 1, 2022, the task force must submit a report to the appropriate committees of the legislature describing recommendations for expanding access to dual credit opportunities for students in career and technical education pathways, including:

(a) Identifying professional-technical courses offered at community and technical colleges that also meet K-12 learning standards in English language arts, math, science, social studies, or arts, in order to increase the number of running start enrollments in professional-technical programs; and

(b) Ways skills center programming can be augmented to increase concurrent enrollment and exam-based dual credit offerings.

(7) By August 1, 2023, the task force must submit a final report to the appropriate committees of the legislature summarizing statutory or rule changes proposed, including whether the proposals have yet been enacted, to ensure the full implementation of the requirements under this act.

(8) This section expires December 31, 2023.

Sec. 7. RCW 28A.600.290 and 2015 c 202 s 3 are each amended to read as follows:

(1)(((a) Subject to the availability of amounts appropriated for this specific purpose and commencing with the 2015-16 school year, funding may be allocated at an amount per college credit for eleventh and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the eleventh or twelfth grade who are enrolled in college in the high school courses under this section as specified in the omnibus appropriations act and adjusted for inflation from the 2015-16 school year. The maximum annual number of allocated credits per participating student shall be specified in the omnibus appropriations act, which must not exceed ten credits. Funding shall be prioritized in the following order:

(2) For the purposes of funding students enrolled in the college in the high school program in accordance with subsection (1) of this section, college))College in the high school is ((defined as)) a dual credit program located on a high school campus or in a high school environment in which a high school student is able to earn both high school and postsecondary credit by completing postsecondary level courses with a passing grade. The college in the high school program must meet the accreditation standards established in RCW 28B.10.035 and also meet the requirements of this section.

(((3)))(2) College in the high school programs may include both academic and career and technical education.

(((4)))(3)Ninth, tenth, eleventh, and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the ninth, tenth, eleventh, or twelfth grades may participate in the college in the high school program.

(5) College in the high school programs shall each be governed by a local contract between the district and the participating institution of higher education, in compliance with the rules adopted by the superintendent of public instruction under this section. The local contract must include criteria for student eligibility to enroll in a college in the high school course.

(((5) The college in the high school program must include the provisions in this subsection.

(b)))(6)(a) Institutions of higher education may charge tuition fees per credit for each enrolled student as established in this subsection.

(d) The funds received by the participating institution of higher education may not be deemed tuition or operating fees and may be retained by the institution of higher education.

(((c)))(7) Enrollment information on persons registered under this section must be maintained by the institution of higher education separately from other enrollment information and may not be included in official enrollment reports, nor may such persons be considered in any enrollment statistics that would affect higher education budgetary determinations.

(((d)))(8) A school district must grant high school credit to a student enrolled in a program course if the student successfully completes the course. If no comparable course is offered by the school district, the school district superintendent shall determine how many credits to award for the course. The determination shall be made in writing before the student enrolls in the course. The credits shall be applied toward graduation requirements and subject area requirements. Evidence of successful completion of each program course shall be included in the student's secondary school records and transcript.

(((e)))(9) A participating institution of higher education must grant college credit to a student enrolled in a program course if the student successfully completes the course. The college credit shall be applied toward general education requirements or degree requirements at institutions of higher education. Evidence of successful completion of each program course must be included in the student's college transcript.

(((f) Tenth, eleventh, and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the tenth, eleventh, or twelfth grades may participate in the college in the high school program.

(g)))(10) Participating school districts must provide general information about the college in the high school program to all students in grades ((nine))eight through twelve and to the parents and guardians of those students.

(((h)))(11) Full-time and part-time faculty at institutions of higher education, including adjunct faculty, are eligible to teach program courses.

(((6)))(12) The superintendent of public instruction shall adopt rules for the administration of this section. The rules shall be jointly developed by the superintendent of public instruction, the state board for community and technical colleges, the student achievement council, and the public baccalaureate institutions. The association of Washington school principals must be consulted during the rules development. The rules must outline quality and eligibility standards that are informed by nationally recognized standards or models. In addition, the rules must encourage the maximum use of the program and may not narrow or limit the enrollment options.

(((7)))(13) The definitions in this subsection apply throughout this section.

(a) "Institution of higher education" has the definition in RCW 28B.10.016, and also includes a public tribal college located in Washington and accredited by the Northwest commission on colleges and universities or another accrediting association recognized by the United States department of education.

(b) "Program course" means a college course offered in a high school under the college in the high school program.

NEW SECTION.  Sec. 8. A new section is added to chapter 28A.600 RCW to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Concurrent enrollment dual credit" means a course or program offered either on a high school campus or a college campus in which students earn both high school and college credit when they complete the course. Concurrent enrollment dual credit programs offered in Washington state are running start, college in the high school, and career and technical education, also know as tech prep, dual credit.

(2) "Exam-based dual credit" means courses or programs taught at the secondary school level which prepare students to sit for a proprietary exam.

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