RCW 28B.10.016
Definitions.
For the purposes of this title:
(1) "State universities" means the University of Washington and Washington State University.
(2) "Regional universities" means Western Washington University at Bellingham, Central Washington University at Ellensburg, and Eastern Washington University at Cheney.
(3) "State college" means The Evergreen State College in Thurston county.
(4) "Institutions of higher education" or "postsecondary institutions" means the state universities, the regional universities, The Evergreen State College, the community colleges, and the technical colleges.
(5) "Governing board" means the board of regents or the board of trustees of the institutions of higher education.
[
1992 c 231 s 1
;
1991 c 238 s 113
;
1977 ex.s. c 169 s 1
.]
NOTES:
Effective date
—
1992 c 231:
"This act shall take effect July 1, 1992." [
1992 c 231 s 35
.]
Tenure or terms, rights, including property rights, not affected
—
1977 ex.s. c 169:
"Nothing in this 1977 amendatory act shall affect the tenure of or the terms of any officials, administrative assistants, faculty members, or other employees of any institution of higher education within this state, whether such institutions have hereinabove in this 1977 amendatory act been redesignated as regional universities or otherwise. Nothing in this 1977 amendatory act shall affect any rights, whether to property or otherwise, existing on or after the effective date of this 1977 amendatory act, the intent of the legislature being solely to redesignate as regional universities certain institutions of higher education within this state." [
1977 ex.s. c 169 s 113
.]
Statute and RCW designations affected
—
1977 ex.s. c 169:
"It is the intent of the legislature that after the effective date of this 1977 amendatory act, where the names "Western Washington State College", "Central Washington State College", or "Eastern Washington State College" are used in any bill enacted by the legislature or found within the Revised Code of Washington, they shall mean "Western Washington University", "Central Washington University", and "Eastern Washington University", respectively." [
1977 ex.s. c 169 s 114
.]
Severability
—
1977 ex.s. c 169:
"If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1977 ex.s. c 169 s 116
.]
RCW 28B.10.017
"Eligible student" defined.
"Eligible student" means a student who (1) was enrolled in a Washington college, university, community college, or vocational-technical institute on or after August 2, 1990, and (2) is unable to complete the period of enrollment or academic term in which the student was enrolled because the student was deployed either in the Persian Gulf combat zone, as designated by the president of the United States by executive order, or in another location in support of the Persian Gulf combat zone. An eligible student is required to verify his or her inability to complete an academic term through military service records, movement orders, or a certified letter signed by the student's installation personnel officer.
[
1991 c 164 s 1
.]
RCW 28B.10.019
Electronic signatures.
(1) Institutions of higher education and state higher education agencies may use or accept secure electronic signatures for any human resource, benefits, or payroll processes that require a signature. Such signatures are valid and enforceable.
(2) The definitions in this subsection apply throughout this section.
(a) "Electronic signature" means an electronic sound, symbol, or process, attached to, or logically associated with, a contract or other record and executed or adopted by a person with the intent to sign the record.
(b) "Secure electronic signature" means an electronic signature that:
(i) Is unique to the person making the signature;
(ii) Uses a technology or process to make the signature that is under the sole control of the person making the signature;
(iii) Uses a technology or process that can identify the person using the technology or process; and
(iv) Can be linked with an electronic record in such a way that it can be used to determine whether the electronic record has been changed since the electronic signature was incorporated in, attached to, or associated with the electronic record.
[
2013 c 218 s 2
.]
RCW 28B.10.020
Acquisition of property by universities and The Evergreen State College.
The boards of regents of the University of Washington and Washington State University, respectively, and the boards of trustees of Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College, respectively, shall have the power and authority to acquire by exchange, gift, purchase, lease, or condemnation in the manner provided by chapter
8.04
RCW for condemnation of property for public use, such lands, real estate and other property, and interests therein as they may deem necessary for the use of said institutions respectively. However, the purchase or lease of major off-campus facilities is subject to the approval of the student achievement council under RCW 28B.77.080
.
[
2012 c 229 s 509
;
2004 c 275 s 47
;
1985 c 370 s 50
;
1977 ex.s. c 169 s 7
;
1969 ex.s. c 223 s 28B.10.020
. Prior:
1967 c 47 s 16
;
1947 c 104 s 1
; Rem. Supp. 1947 s 4623-20. Formerly RCW 28.76.020
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Part headings not law
—
2004 c 275:
See note following RCW 28B.76.090
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.022
Authority to enter into financing contracts
—
Notice.
(1) The boards of regents of the state universities and the boards of trustees of the regional universities, The Evergreen State College, and the state board for community and technical colleges, are severally authorized to enter into financing contracts as provided in chapter
39.94
RCW. Except as provided in subsection (2) of this section, financing contracts shall be subject to the approval of the state finance committee.
(2) The board of regents of a state university may enter into financing contracts which are payable solely from and secured by all or any component of the fees and revenues of the university derived from its ownership and operation of its facilities not subject to appropriation by the legislature and not constituting "general state revenues," as defined in Article VIII, section 1 of the state Constitution, without the prior approval of the state finance committee.
(3) Except for financing contracts for facilities or equipment described under chapter
28B.140
RCW, the board of regents shall notify the state finance committee at least sixty days prior to entering into such contract and provide information relating to such contract as requested by the state finance committee.
[
2003 c 6 s 1
;
2002 c 151 s 5
;
1989 c 356 s 6
.]
RCW 28B.10.023
Contracts subject to requirements established under office of minority and women's business enterprises.
All contracts entered into under this chapter by institutions of higher education on or after September 1, 1983, are subject to the requirements established under chapter
39.19
RCW.
[
1983 c 120 s 10
.]
NOTES:
Effective date
—
Applicability
—
Severability
—
Conflict with federal requirements
—
1983 c 120:
See RCW 39.19.910, 39.19.920
.
RCW 28B.10.024
Awards of procurement contracts to veteran-owned businesses.
All procurement contracts entered into under this chapter on or after June 10, 2010, are subject to the requirements established under RCW 43.60A.200
.
[
2010 c 5 s 7
.]
NOTES:
Purpose
—
Construction
—
2010 c 5:
See notes following RCW 43.60A.010
.
RCW 28B.10.025
Purchases of works of art
—
Procedure.
The Washington state arts commission shall, in consultation with the boards of regents of the University of Washington and Washington State University and with the boards of trustees of the regional universities, The Evergreen State College, and the community and technical college districts, determine the amount to be made available for the purchases of art under RCW 28B.10.027, and payment therefor shall be made in accordance with law. The designation of projects and sites, the selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the board of regents or trustees.
[
2015 c 55 s 201
;
2005 c 36 s 2
;
1990 c 33 s 557
;
1983 c 204 s 8
;
1977 ex.s. c 169 s 8
;
1974 ex.s. c 176 s 4
.]
NOTES:
Purpose
—
Statutory references
—
Severability
—
1990 c 33:
See RCW 28A.900.100
through
28A.900.102
.
Severability
—
1983 c 204:
See note following RCW 43.46.090
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Acquisition of works of art for public buildings and lands
—
Visual arts program established: RCW 43.46.090
.
Allocation of moneys for acquisition of works of art
—
Expenditure by arts commission
—
Conditions: RCW 43.17.200
.
Purchase of works of art
—
Interagency reimbursement for expenditure by visual arts program: RCW 43.17.205
.
State art collection: RCW 43.46.095
.
RCW 28B.10.027
Allocation of moneys for acquisition of works of art
—
Expenditure by arts commission
—
Conditions.
(1) All universities and colleges shall allocate as a nondeductible item, out of any moneys appropriated for the original construction or any major renovation or remodel work exceeding two hundred thousand dollars of any building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission with the approval of the board of regents or trustees for the acquisition of works of art.
(2) For projects funded in the capital budget, an institution of higher education, working with the Washington state arts commission, may expend up to ten percent of the projected art allocation for a project during the design phase in order to select an artist and design art to be integrated in the building design. The one-half of one percent to be expended by the Washington state arts commission must be adjusted downward by the amount expended by a university or college during the design phase of the capital project.
(3) The works of art may be placed on public lands of institutions of higher education, integral to or attached to a public building or structure of institutions of higher education, detached within or outside a public building or structure of institutions of higher education, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities.
(4) In addition to the cost of the works of art, the one-half of one percent of the appropriation shall be used to provide for the administration of the visual arts program, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the work of art. For the purpose of this section building shall not include sheds, warehouses, and other buildings of a temporary nature.
[
2019 c 240 s 1
;
2018 c 2 s 7013
;
2016 sp.s. c 35 s 6008
;
2005 c 36 s 3
;
1983 c 204 s 9
.]
NOTES:
Effective date
—
2018 c 2:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [January 19, 2018]." [
2018 c 2 s 7033
.]
Effective date
—
2016 sp.s. c 35:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 18, 2016]." [
2016 sp.s. c 35 s 6023
.]
Severability
—
1983 c 204:
See note following RCW 43.46.090
.
RCW 28B.10.029
Property purchase and disposition
—
Independent purchasing authority
—
Purchase of correctional industries products.
(1)(a) An institution of higher education may, consistent with RCW 28B.10.925
and
28B.10.926, exercise independently those powers otherwise granted to the director of enterprise services in chapters
43.19
and
39.26
RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education.
(b) Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of enterprise services.
(c)(i) Except as provided in (c)(ii) and (iii) of this subsection and elsewhere as provided by law, purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters
39.19, 39.26, and
43.03
RCW, and RCW 43.19.1917, 43.19.685, and
43.19.560
through
43.19.637
.
(ii) Institutions of higher education may use all appropriate means for making and paying for travel arrangements including, but not limited to, electronic booking and reservations, advance payment and deposits for tours, lodging, and other necessary expenses, and other travel transactions based on standard industry practices and federal accountable plan requirements. Such arrangements shall support student, faculty, staff, and other participants' travel, by groups and individuals, both domestic and international, in the most cost-effective and efficient manner possible, regardless of the source of funds.
(iii) Formal sealed, electronic, or web-based competitive bidding is not necessary for purchases or personal services contracts by institutions of higher education for less than one hundred thousand dollars. However, for purchases and personal services contracts of ten thousand dollars or more and less than one hundred thousand dollars, quotations must be secured from at least three vendors to assure establishment of a competitive price and may be obtained by telephone, electronic, or written quotations, or any combination thereof. As part of securing the three vendor quotations, institutions of higher education must invite at least one quotation each from a certified minority and a certified woman-owned vendor that otherwise qualifies to perform the work. A record of competition for all such purchases and personal services contracts of ten thousand dollars or more and less than one hundred thousand dollars must be documented for audit purposes.
(d) Purchases under chapter
39.26, 43.19, or
43.105
RCW by institutions of higher education may be made by using contracts for materials, supplies, services, or equipment negotiated or entered into by, for, or through group purchasing organizations.
(e) The community and technical colleges shall comply with RCW 43.19.450
.
(f) Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.769, 43.19.763, and
43.19.781
.
(g) If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685
and
43.19.637
.
(h) When any institution of higher education exercises its independent purchasing authority for a commodity or group of commodities, the director of enterprise services shall not be required to provide those services for that institution for the duration of the enterprise services contract term for that commodity or group of commodities.
(2) The council of presidents and the state board for community and technical colleges shall convene its correctional industries business development advisory committee, and work collaboratively with correctional industries, to:
(a) Reaffirm purchasing criteria and ensure that quality, service, and timely delivery result in the best value for expenditure of state dollars;
(b) Update the approved list of correctional industries products from which higher education shall purchase; and
(c) Develop recommendations on ways to continue to build correctional industries' business with institutions of higher education.
(3) Higher education and correctional industries shall develop a plan to build higher education business with correctional industries to increase higher education purchases of correctional industries products, based upon the criteria established in subsection (2) of this section. The plan shall include the correctional industries' production and sales goals for higher education and an approved list of products from which higher education institutions shall purchase, based on the criteria established in subsection (2) of this section. Higher education and correctional industries shall report to the legislature regarding the plan and its implementation no later than January 30, 2005.
(4)(a) Institutions of higher education shall set as a target to contract, beginning not later than June 30, 2006, to purchase one percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs operated by the department of corrections. Institutions of higher education shall set as a target to contract, beginning not later than June 30, 2008, to purchase two percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs operated by the department of corrections.
(b) Institutions of higher education shall endeavor to assure the department of corrections has notifications of bid opportunities with the goal of meeting or exceeding the purchasing target in (a) of this subsection.
[
2016 c 197 s 1
;
2015 c 79 s 1
;
2013 c 291 s 27
;
2012 c 230 s 4
. Prior:
2011 1st sp.s. c 43 s 303
;
2011 c 198 s 1
;
2010 c 61 s 1
;
2004 c 167 s 10
; prior:
1998 c 344 s 5
;
1998 c 111 s 2
;
1996 c 110 s 5
;
1993 c 379 s 101
.]
NOTES:
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
Intent
—
Findings
—
1998 c 344:
"It is the intent of the legislature to provide the necessary access to quality upper-division and graduate higher education opportunities for the citizens of Spokane. The legislature intends that the Spokane branch campus of Washington State University, offering upper-division and graduate programs, be located at the Riverpoint Higher Education Park and that Washington State University be the administrative and fiscal agent for the Riverpoint Higher Education Park. In addition, those programs offered by Eastern Washington University that meet the rules and guidelines established by the higher education coordinating board's program approval process may serve students at the Riverpoint Higher Education Park. The legislature intends to streamline the program planning and approval process in Spokane by eliminating the joint center for higher education; thereby treating the Spokane higher education community like other public higher education communities in Washington that receive program approval from the higher education coordinating board. However, the legislature encourages partnerships, collaboration, and avoidance of program duplication through regular communication among the presidents of Spokane's public and private institutions of higher education. The legislature further intends that the residential mission of Eastern Washington University in Cheney be strengthened and that Eastern Washington University focus on the excellence of its primary campus in Cheney.
In addition, the legislature finds that the Spokane intercollegiate research and technology institute is a vital and necessary element in the academic and economic future of eastern Washington. The legislature also finds that it is in the interest of the state of Washington to support and promote applied research and technology in areas of the state that, because of geographic or historic circumstances, have not developed fully balanced economies. It is the intent of the legislature that institutions of higher education and the *department of community, trade, and economic development work cooperatively with the private sector in the development and implementation of a technology transfer and integration program to promote the economic development and enhance the quality of life in eastern Washington." [
1998 c 344 s 1
.]
*Reviser's note:
The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Intent
—
1993 c 379:
"The legislature acknowledges the academic freedom of institutions of higher education, and seeks to improve their efficiency and effectiveness in carrying out their missions. By this act, the legislature intends to increase the flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition." [
1993 c 379 s 1
.]
Severability
—
1993 c 379:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1993 c 379 s 407
.]
Effective date
—
1993 c 379:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [
1993 c 379 s 408
.]
RCW 28B.10.0291
Savings report
—
2012 c 230.
By January 1, 2017, institutions of higher education as defined in RCW 28B.10.016
must report to the legislature and the governor on: (1) The amount of savings resulting from use of the higher education provisions of chapter 230, Laws of 2012; and (2) the manner in which such savings were used to promote student academic success.
[
2012 c 230 s 5
.]
RCW 28B.10.030
Display of United States flag.
Every board of trustees or board of regents shall cause a United States flag being in good condition to be displayed on the campus of their respective state institution of higher education during the hours of nine o'clock a.m. and four o'clock p.m. on school days, except during inclement weather.
[
1969 ex.s. c 223 s 28B.10.030
. Prior:
1939 c 17 s 1
; RRS s 4531-1. Formerly RCW 28.76.030
.]
RCW 28B.10.031
Check cashing privileges.
(1) Any institution of higher education may, at its option and after the approval by governing boards, accept in exchange for cash a payroll check, expense check, financial aid check, or personal check from a student or employee of that institution of higher education in accordance with the following conditions:
(a) The check shall be drawn to the order of cash or bearer and be immediately payable by a drawee financial institution;
(b) The person presenting the check to the institution of higher education shall produce identification that he or she is currently enrolled or employed at the institution of higher education; and
(c) The payroll check, expense check, or financial aid check shall have been issued by the institution of higher education.
(2) In the event that any personal check cashed under this section is dishonored by the drawee financial institution when presented for payment, the institution of higher education, after giving notice of the dishonor to the student or employee and providing an opportunity for a brief adjudicative proceeding, may:
(a) In the case of a student, place a hold on the student's enrollment and transcript records until payment in full of the value of the dishonored check and reasonable collection fees and costs;
(b) In the case of an employee, withhold from the next payroll check or expense check the full amount of the dishonored check plus a collection fee. In the case that the employee no longer is employed by the institution of higher education at time of dishonor, then the institution of higher education may pursue other legal collection efforts that are to be paid by the drawer or endorser of the dishonored check along with the full value of the check.
[
1993 c 145 s 1
.]
RCW 28B.10.032
Public and private institutions offering teacher preparation programs
—
Exploration of methods to enhance awareness of teacher preparation programs.
The state's public and private institutions of higher education offering teacher preparation programs and school districts are encouraged to explore ways to facilitate faculty exchanges, and other cooperative arrangements, to generate increased awareness and understanding by higher education faculty of the common school teaching experience and increased awareness and understanding by common school faculty of the teacher preparation programs.
[
1987 c 525 s 233
.]
NOTES:
Intent
—
Short title
—
1987 c 525 ss 202-233:
See notes following RCW 28A.410.040
.
Severability
—
1987 c 525:
See note following RCW 28A.300.050
.
RCW 28B.10.033
Teacher preparation programs.
(1)(a) Each Washington professional educator standards board-approved teacher preparation program, including an alternative route teacher certification program, must develop a plan describing how the program will partner with school districts in the general geographic region of the program regarding field placement of student teachers. The plans must be developed in collaboration with school districts desiring to partner with the programs, and may include use of unexpended federal or state funds to support residencies and mentoring for students who are likely to continue teaching in the district in which they have a supervised field placement.
(b) Beginning July 1, 2020, the following goals must be considered when developing the plans required under this section:
(i) Field placement of student teachers should be targeted to high-need subject areas, including special education and English learner, and high-need geographic areas, including Title I and rural schools; and
(ii) Student teacher mentors should be highly effective as evidenced by the mentors having received level 3 or above on both criteria 3 (recognizing individual student learning needs and developing strategies to address those needs) and criteria 6 (using multiple student data elements to modify instruction and improve student learning) on their most recent comprehensive performance evaluation under RCW 28A.405.100
. Student teacher mentors should also have received or be concurrently receiving professional development in mentoring skills.
(2) The plans required under subsection (1) of this section must be submitted to the Washington professional educator standards board and updated by July 1st every even-numbered year.
(3) The Washington professional educator standards board shall post the plans and updates required under this section on its website.
[
2019 c 295 s 202
;
2016 c 233 s 10
.]
NOTES:
Findings
—
Intent
—
2019 c 295:
"(1) The legislature finds that financial incentives, assistance, and supports are essential to recruit and retain persons into educator positions within the public common school system. In order to have the most impact, these incentives, assistance, and supports must be related explicitly and directly to the legislature's objectives for recruiting and retaining an educator workforce that will best serve diverse student populations, as well as meet the state's short-term and long-term educator workforce needs.
(2) Therefore, the legislature intends to:
(a) Promote effective incentives, assistance, and supports;
(b) Remove barriers and disincentives; and
(c) Enhance and encourage capacity-building for and coordination between educator preparation programs and the public common school system, especially in underserved areas.
(3) The legislature finds that conditional scholarship and loan repayment programs are effective tools to attract persons into the profession of education and to encourage future teachers to seek certifications in shortage areas. Therefore, the legislature intends to utilize conditional scholarships to recruit candidates to meet targeted needs in education and to assist with keeping new educators in the profession during the early years of their career. The legislature recognizes that the state need grant does not meet the needs of many qualified students, so conditional scholarships are intended to be provided in a "last dollar in" model. The legislature also intends for loan repayment programs to help retain certificated educators who are already working in the public common schools.
(4) The legislature finds that the location and characteristics of a student teacher's field placement are strong predictors of where the teacher takes his or her first job. Therefore, the legislature intends to encourage the appropriate placement of student teachers, especially in high-need subject and geographic areas. In addition, the legislature intends to continue providing grants for student teachers at Title I public common schools." [
2019 c 295 s 201
.]
Intent
—
2019 c 295:
"The legislature recognizes the important role of teacher preparation programs in addressing the shortages in the educator career continuum. Through the omnibus appropriations act, the legislature intends to prioritize the expansion of teacher preparation program enrollments in high-need subjects and high-need locations within the state, taking into consideration the community and technical colleges' capacity to contribute to teacher preparation." [
2019 c 295 s 231
.]
Effective date
—
Findings
—
Intent
—
2019 c 295:
See notes following RCW 28A.310.235
.
Intent
—
2019 c 295:
See note following RCW 28B.102.030
.
Findings
—
Intent
—
2019 c 295:
See note following RCW 28A.415.265
.
Findings
—
Intent
—
2019 c 295:
See note following RCW 28A.180.120
.
RCW 28B.10.034
Central Washington University
—
Student teacher remote supervision.
(1) Subject to the availability of amounts appropriated for this specific purpose, Central Washington University shall acquire the necessary audiovisual technology and equipment for university faculty to remotely supervise student teachers in ten schools.
(2) A school selected for the purposes of remote supervision of student teachers under this section must be a rural public school that currently is unable to have student teachers from Central Washington University's teacher preparation program due to its geographic location.
[
2019 c 295 s 205
.]
NOTES:
Effective date
—
Findings
—
Intent
—
2019 c 295:
See notes following RCW 28A.310.235
.
Findings
—
Intent
—
2019 c 295:
See notes following RCW 28B.10.033
.
Intent
—
2019 c 295:
See note following RCW 28B.102.030
.
Findings
—
Intent
—
2019 c 295:
See note following RCW 28A.415.265
.
Findings
—
Intent
—
2019 c 295:
See note following RCW 28A.180.120
.
RCW 28B.10.035
Concurrent enrollment program accreditation.
(1) To establish a uniform standard by which concurrent enrollment programs and professional development activities may be measured, any college or university offering concurrent enrollment program courses at a public high school, or college in the high school programs, must receive accreditation by a national accrediting body for concurrent enrollment by the 2027-28 school year.
(2) Any college or university engaged in concurrent enrollment program courses at a public high school, or college in the high school programs, during or before the 2019-20 academic year that are not accredited by a national accrediting body for concurrent enrollment must continue to meet the same quality and eligibility standards and obtain approval in a manner consistent with the procedure established by rules adopted for the college in the high school program until the program is accredited by a national accrediting body for concurrent enrollment.
(3) After the 2027-28 school year, any college or university with concurrent enrollment program courses in place at a public high school, or college in the high school programs, during or before the 2019-20 academic year that have not been accredited in accordance with subsection (1) of this section or do not have an application pending further action by the accrediting body under subsection (1) of this section may not offer a concurrent enrollment program course at a public high school or college in the high school program.
(4) New college and university concurrent enrollment program courses that are implemented after the 2019-20 academic year have seven years from the beginning of the first term of classes to submit an application for accreditation for review by a national accrediting body for concurrent enrollment to comply with this section.
(5) All colleges and universities are encouraged to provide institutional resources to support the transition to accreditation, including professional development, engage with national associations focused on concurrent enrollment accreditation, and collaboration with the state board for community and technical colleges or an organization that represents the public, four-year universities, and colleges.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "College in the high school program" is a program that meets the requirements of RCW 28A.600.287
.
(b) "Concurrent enrollment program" means a partnership between K-12 schools and postsecondary education institutions through which credit-bearing college courses offered by public or private institutions of higher education and taught by appropriately qualified high school teachers are taken in high school by high school students who have not yet received the credits required for the award of a high school diploma, and for which earned credits are recorded on a college or university transcript. "Concurrent enrollment program" does not include programs under RCW 28B.50.531
or the running start program.
(c) "Public high school" means a high school that is a public school as defined in RCW 28A.150.010
.
[
2021 c 71 s 5
;
2019 c 272 s 1
.]
RCW 28B.10.037
Student expression in school-sponsored media.
(1) Students at institutions of higher education have the right to exercise freedom of speech and of the press in school-sponsored media, whether or not the media are supported financially by the school or by use of school facilities, or are produced in conjunction with a class. All school-sponsored media produced primarily by students at an institution of higher education are public forums for expression by the student journalists and student editors at the particular institution. Student media, whether school-sponsored or nonschool sponsored, are not subject to mandatory prior review by school officials.
(2) Student editors of school-sponsored media are responsible for determining the news, opinion, feature, and advertising content of the media. This subsection does not prevent a student media adviser from teaching professional standards of English and journalism to the student journalists. A student media adviser may not be terminated, transferred, removed, or otherwise disciplined for refusing to suppress the protected free expression rights of student journalists.
(3) Nothing in this section may be interpreted to authorize expression by students that:
(a) Is libelous or slanderous;
(b) Constitutes an unwarranted invasion of privacy;
(c) Violates the federal communications act or any rule or regulation of the federal communications commission; or
(d) So incites students as to create a clear and present danger of:
(i) The commission of unlawful acts on school premises;
(ii) The violation of lawful school regulations, policies, or procedures; or
(iii) The material and substantial disruption of the orderly operation of the school. A school official must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.
(4) Any student enrolled in an institution of higher education may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court for a violation of subsection (1) of this section by the institution of higher education. Upon a motion, a court may award reasonable attorneys' fees to a prevailing plaintiff in a civil action brought under this section.
(5) Expression made by students in school-sponsored media is not the expression of school policy. Neither a school official nor the governing board of any institution of higher education may be held responsible in any civil or criminal action for any expression made or published by students in school-sponsored media unless school officials or the governing board have interfered with or altered the content of the student expression.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "School-sponsored media" means any matter that is prepared, substantially written, published, or broadcast by student journalists, that is distributed or generally made available, either free of charge or for a fee, to members of the student body, and that is prepared under the direction of a student media adviser. "School-sponsored media" does not include media that is intended for distribution or transmission solely in the classrooms in which they are produced.
(b) "Student journalist" means a student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
(c) "Student media adviser" means a person who is employed, appointed, or designated by the school to supervise, or provide instruction relating to, school-sponsored media.
[
2018 c 125 s 3
.]
NOTES:
Finding
—
Intent
—
2018 c 125:
See note following RCW 28A.600.027
.
RCW 28B.10.040
Higher educational institutions to be nonsectarian.
All institutions of higher education supported wholly or in part by state funds, and by whatsoever name so designated, shall be forever free from religious or sectarian control or influence.
[
1969 ex.s. c 223 s 28B.10.040
. Prior: (i) 1909 c 97 p 242 s 7; RRS s 4559; prior:
1897 c 118 s 188
;
1890 p 396 s 5
. Formerly RCW 28.77.013
; 28.76.040, part. (ii) 1909 c 97 p 243 s 1, part; RRS s 4568, part; prior: 1897 c 118 s 190, part; 1891 c 145 s 1, part. Formerly RCW 28.80.015, part; 28.76.040, part.]
NOTES:
Nonsectarian: State Constitution Art. 9 s 4, Art. 26.
RCW 28B.10.041
High school directory information
—
Data-sharing agreements with the office of the superintendent of public instruction.
(1) The Washington student achievement council and institutions of higher education must enter into data-sharing agreements with the office of the superintendent of public instruction to facilitate the transfer of high school student directory information collected under RCW 28A.150.515
for the purposes of informing Washington high school students of postsecondary financial aid and educational opportunities available in the state.
(2) Data-sharing agreements entered into under this section must provide for the education research and data center to share student enrollment and outcome information from institutions of higher education, including federally designated minority serving institutions of higher education that are participating in data-sharing agreements under subsection (4) of this section, to the office of the superintendent of public instruction. Information provided in accordance with this subsection (2) must include the statewide student identifier for each student. To the extent possible, the office of the superintendent of public instruction shall transmit student enrollment information to the enrolled students' host districts for the current year.
(3)(a) Data-sharing agreements entered into by a community college or technical college as defined in RCW 28B.50.030
are limited to informing Washington high school students of postsecondary educational opportunities available within a college's service district as enumerated in RCW 28B.50.040
.
(b) The state board for community and technical colleges may coordinate with all of the community and technical colleges to develop a single data-sharing agreement between the community and technical colleges and the office of the superintendent of public instruction.
(4) Federally designated minority-serving institutions of higher education that are bachelor degree-granting institutions and not subject to subsection (1) of this section may enter into data-sharing agreements with the office of the superintendent of public instruction to facilitate the transfer of high school student directory information collected under RCW 28A.150.515
for the purpose of informing Washington high school students of postsecondary educational opportunities available in the state.
(5) Agreements entered into under this section must obligate the Washington student achievement council and institutions that will receive information through an agreement to maintain the statewide student identifier for each student.
(6) For the purposes of this section, "statewide student identifier" means the statewide student identifier required by RCW 28A.320.175
that is included in the longitudinal student data system established under RCW 28A.300.500
.
(7) For the purposes of this section, "directory information" has the same meaning as in RCW 28A.150.515
.
[
2024 c 324 s 1
;
2023 c 406 s 1
.]
RCW 28B.10.042
Personal identifiers
—
Use of social security numbers prohibited.
(1) Institutions of higher education shall not use the social security number of any student, staff, or faculty for identification except for the purposes of employment, financial aid, research, assessment, accountability, transcripts, or as otherwise required by state or federal law.
(2) Each institution of higher education shall develop a system of personal identifiers for students to be used for grading and other administrative purposes. The personal identifiers may not be social security numbers.
[
2001 c 103 s 2
.]
NOTES:
Findings
—
2001 c 103:
"The legislature finds that the occurrences of identity theft are increasing. The legislature also finds that widespread use of the federally issued social security numbers has made identity theft more likely to occur." [
2001 c 103 s 1
.]
Effective date
—
2001 c 103 s 2:
"Section 2 of this act takes effect July 1, 2002." [
2001 c 103 s 5
.]
RCW 28B.10.0421
Personal identifiers
—
Funding.
Each institution of higher education shall use its own existing budgetary funds to develop the system for personal identifiers. No new state funds shall be allocated for this purpose.
[
2001 c 103 s 4
.]
NOTES:
Findings
—
2001 c 103:
See note following RCW 28B.10.042
.
RCW 28B.10.050
Entrance requirements exceeding minimum requirements.
Except as the legislature shall otherwise specifically direct, the boards of regents and the boards of trustees for the state universities, the regional universities, and The Evergreen State College may establish entrance requirements for their respective institutions of higher education which meet or exceed the minimum entrance requirements established under *RCW 28B.76.290
(2).
[
2004 c 275 s 48
;
1985 c 370 s 91
;
1984 c 278 s 19
;
1977 ex.s. c 169 s 9
;
1969 ex.s. c 223 s 28B.10.050
. Prior:
1917 c 10 s 9
; RRS s 4540. Formerly RCW 28.76.050
.]
NOTES:
*Reviser's note:
RCW 28B.76.290
was repealed by
2012 c 229 s 120
.
Part headings not law
—
2004 c 275:
See note following RCW 28B.76.090
.
Severability
—
1984 c 278:
See note following RCW 28A.185.010
.
Effective date
—
1984 c 278:
See note following RCW 28A.230.130
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.053
Postsecondary credit for high school coursework
—
Master list of qualifying courses and qualifying examination scores
—
Dissemination of information.
(1) By December 1, 2011, and by June of each odd-numbered year thereafter, the institutions of higher education shall collaboratively develop a master list of postsecondary courses that can be fulfilled by taking the advanced placement, international baccalaureate, or other recognized college-level proficiency examinations, including but not limited to examinations by a national multidisciplinary science, technology, engineering, and mathematics program, and meeting the qualifying examination score or demonstrated competencies for lower division general education requirements or postsecondary professional technical requirements. The master list of postsecondary courses fulfilled by proficiency examinations or demonstrated competencies are those that fulfill lower division general education requirements or career and technical education requirements and qualify for postsecondary credit. From the master list, each institution shall create and publish a list of its courses that can be satisfied by successful proficiency examination scores or demonstrated competencies for lower division general education requirements or postsecondary professional technical requirements. The qualifying examination scores and demonstrated competencies shall be included in the published list. The requirements to develop a master list under this section do not apply if an institution has a clearly published policy of awarding credit for the advanced placement, international baccalaureate, or other recognized college-level placement exams and does not require those credits to meet specific course requirements but generally applies those credits towards degree requirements.
(2) To the maximum extent possible, institutions of higher education shall agree on examination qualifying scores and demonstrated competencies for the credits or courses under subsection (3) of this section, with scores equivalent to qualified or well-qualified. Nothing in this subsection shall prevent an institution of higher education from adopting policies using higher scores for additional purposes.
(3) Each institution of higher education, in designing its certificate, technical degree program, two-year academic transfer program, or first-year student and sophomore courses of a baccalaureate program or baccalaureate degree, must recognize the equivalencies of at least one year of course credit and maximize the application of the credits toward lower division general education requirements that can be earned through successfully demonstrating proficiency on examinations, including but not limited to advanced placement and international baccalaureate examinations. The successful completion of the examination and the award of credit shall be noted on the student's college transcript.
(4) Each institution of higher education must clearly include in its admissions materials and on its website the credits or the institution's list of postsecondary courses that can be fulfilled by proficiency examinations or demonstrated competencies and the agreed-upon examination scores and demonstrated competencies that qualify for postsecondary credit. Each institution must provide the information to the student achievement council and state board for community and technical colleges in a form that the superintendent of public instruction is able to distribute to school districts.
[
2013 c 23 s 52
;
2012 c 229 s 510
;
2011 2nd sp.s. c 3 s 1
;
2011 c 77 s 3
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Findings
—
Intent
—
Short title
—
2011 c 77:
See notes following RCW 28A.230.130
.
RCW 28B.10.054
Credit policies for AP, international baccalaureate, and Cambridge international exams
—
Reports.
(1) The institutions of higher education must establish a coordinated, evidence-based policy for granting as many undergraduate college credits, as possible and appropriate, to students who have earned minimum scores of three on advanced placement exams, four on standard-level and higher-level international baccalaureate exams, or scores of E(e) or higher on A and AS level Cambridge international exams.
(2) Each institution of higher education must create a process for retroactively awarding international baccalaureate exam undergraduate college credits under the terms of this section to students who first enrolled in the institution of higher education in the 2018-19 academic year.
(3) Credit policies regarding all advanced placement and international baccalaureate exams must be posted on campus websites effective for the 2019 fall academic term. Credit policies regarding all Cambridge international exams must be posted on campus websites effective for the 2020 fall academic term. If an institution of higher education is unable to award a general education course equivalency, the student may request in writing an evidence-based reason as to why general education course equivalency cannot be granted. Institutions of higher education must maintain websites regarding their advanced placement, international baccalaureate, and Cambridge international policies in a publicly accessible way. The institutions of higher education must conduct biennial reviews of their advanced placement, international baccalaureate, and Cambridge international credit policies and report noncompliance to the appropriate committees of the legislature by November 1st each biennium beginning November 1, 2019.
(4) The institutions of higher education must provide an update to the joint legislative audit and review committee on their credit awarding policies by December 31, 2019.
(5) For the purposes of this section, "general education course equivalency" means credit that fulfills general education or major requirements and is not awarded as elective credit.
[
2019 c 316 s 2
;
2017 c 179 s 2
.]
NOTES:
Findings
—
2019 c 316:
"The legislature finds that advanced placement, international baccalaureate, and Cambridge international coursework prepares students for postsecondary success and provides opportunities for them to earn college credit or secure placement in advanced courses.
The legislature feels strongly that students who have earned minimum scores of three on advanced placement exams, four on standard-level and higher-level international baccalaureate exams, or scores of E(e) or higher on A and AS level Cambridge international exams deserve to receive undergraduate college credit, including elective credit and, where appropriate, course equivalent credit, for their work.
The legislature finds it necessary to develop a systemwide credit policy that allows those students to easily understand in advance whether institutions of higher education will award them credit, as well as which type of credit students will receive and the rationale for the institution of higher education's determination.
The legislature further encourages institutions of higher education to establish a policy favoring the award of course equivalent credit for the successful completion of standardized and commonly required courses." [
2019 c 316 s 1
.]
Findings
—
Intent
—
2017 c 179:
"The legislature finds that advanced placement coursework prepares students for postsecondary success and provides opportunities for them to earn college credit or secure placement in advanced courses. The legislature further finds that eighty-four thousand eight hundred sixty-six students took an AP exam in Washington state in 2015. The legislature further finds that six thousand six hundred sixty-seven of those students were underrepresented minority students and nine thousand four hundred seventy-one were low-income students. The legislature further finds that of the students that took an AP exam in Washington state in 2015, fifty-one thousand seven hundred twenty-five scored a three, four, or five.
Therefore, the legislature intends to establish a policy for granting as many undergraduate course credits as possible to students who have earned a minimum score of three on their AP exams and clearly communicate credit awarding policies and course equivalencies to students. The goal of the policy is to award course credit in all appropriate instances and maximize the number of college students given college credit for AP exam scores of three or higher." [
2017 c 179 s 1
.]
RCW 28B.10.057
Academic credit for military training.
(1) Before December 31, 2015, each institution of higher education must adopt a policy to award academic credit for military training applicable to the student's certificate or degree requirements. The policy shall apply to any individual who is enrolled in the institution of higher education and who has successfully completed a military training course or program as part of his or her military service that is:
(a) Recommended for credit by a national higher education association that provides credit recommendations for military training courses and programs;
(b) Included in the individual's military transcript issued by any branch of the armed services; or
(c) Other documented military training or experience.
(2) Each institution of higher education must develop a procedure for receiving the necessary documentation to identify and verify the military training course or program that an individual is claiming for academic credit.
(3) Each institution of higher education must provide a copy of its policy for awarding academic credit for military training to any applicant who listed prior or present military service in his or her application. Each institution of higher education must develop and maintain a list of military training courses and programs that have qualified for academic credit.
(4) Each institution of higher education must submit its policy for awarding academic credit for military training to the prior learning assessment work group convened pursuant to RCW 28B.77.230
.
[
2014 c 186 s 1
.]
RCW 28B.10.058
College in the high school program
—
At no cost
—
Rate per college funding.
(1) Beginning on September 1, 2023, institutions of higher education must provide enrollment and registration in college in the high school courses in which a student is eligible to receive college credit available at no cost for students in the ninth, 10th, 11th, or 12th grade at public high schools.
(2) Beginning with the 2023-2025 omnibus operating appropriations act, the legislature must pass an omnibus operating appropriations act that appropriates to the state board of [for] community and technical colleges and each of the public four-year institutions of higher education state funding for college in high school courses administered at public secondary schools.
(3) State appropriations for the college in the high school program to the institutions of higher education shall be calculated as follows: The total college in the high school courses administered in the prior academic year, funded at $300 per student up to a maximum rate of:
(a) $6,000 per college in the high school course administered by a state university as defined in RCW 28B.10.016
;
(b) $5,000 per college in the high school course administered by a regional university or the state college; or
(c) $3,500 per college in the high school course administered by a community or technical college.
(4) Beginning with fiscal year 2025 the rate per college in the high school course administered must be adjusted annually for inflation as measured by the consumer price index.
(5) State appropriations must be based on the total number of college in the high school courses administered by an institution of higher education for the academic year immediately prior to the current fiscal year. The state appropriation is based on course administration data submitted annually by October 15th to the office of financial management and legislative fiscal staff.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Community or technical college" has the same meaning as provided for under RCW 28B.50.030
.
(b) "Course" means a class taught under a contract between an institution of higher education and a single high school teacher on an articulated subject in which the student is eligible to receive college credit.
(c) "High school" means a public school, as defined in RCW 28A.150.010, that serves students in any of grades nine through 12.
(d) "Institutions of higher education" has the same meaning as provided for under RCW 28B.10.016
.
(e) "College in the high school" is the program created under RCW 28A.600.287.
[
2023 c 314 s 1
.]
RCW 28B.10.063
College in the high school
—
Private institution pilot program.
(Expires December 31, 2030.)
(1) Subject to the amounts appropriated for this specific purpose, the student achievement council shall select a private, not-for-profit four-year institution as defined in RCW 28B.07.020
(4) with a main campus located in Yakima county and who serves rural or underserved communities to participate in a pilot program to offer college in the high school courses at no cost to the students enrolling in the courses.
(2) The student achievement council shall distribute funds to the pilot institution at a rate of $300 per student, up to a maximum of $6,000 per college in the high school course administered by the pilot institution.
(3) College in the high school courses shall not include content or instruction that would subject students to religious behavior or conduct by the pilot institution or its faculty.
(4)(a) The pilot institution shall provide the following information to the student achievement council by November 1, 2025, and annually thereafter:
(i) College in the high school courses offered, including:
(A) The name of each course;
(B) The number of courses offered;
(C) The specific locations where the courses are taught; and
(D) Student enrollment information disaggregated by school districts and high schools;
(ii) Data on college in the high school student demographics;
(iii) Awards of postsecondary credit at the pilot institution; and
(iv) The academic performance of students taking the offered college in the high school courses.
(b) The student achievement council shall compile the information provided in (a) of this subsection and provide a report to the legislature by December 1, 2025, and annually thereafter, in compliance with RCW 43.01.036
.
(5) As used in this section:
(a) "Course" means a class taught under a contract between an institution and a single high school teacher on an articulated subject in which the student is eligible to receive college credit.
(b) "High school" means a public school, as defined in RCW 28A.150.010, that serves students in any of grades nine through 12.
(6) This section expires December 31, 2030.
[
2024 c 240 s 1
.]
RCW 28B.10.065
College in the high school
—
Affidavit necessary for pilot program participation.
(1) In administering RCW 28B.10.063, the student achievement council shall adopt rules which allow for each institution of higher education to annually sign an affidavit that the institution has adopted policies in compliance with this section. The affidavit must attest to the following nondiscrimination policies:
(a) The institution prohibits discrimination on the basis of race, creed, color, national origin, citizenship or immigration status, sex, veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability;
(b) The institution operates its education program or activity in a manner free of discrimination. No student may be excluded from participation in an education program or activity, denied the benefits of an education program or activity, or subjected to discrimination on the basis of that student's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, or the presence of any sensory[,] mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon bona fide qualification of the education program; and
(c) The institution, acting in its capacity as an employer, does not:
(i) Refuse to hire, promote, or confer tenure to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon bona fide occupational qualification. However, the prohibition against discrimination because of a disability in this subsection (1)(c)(i) does not apply if the particular disability prevents the proper performance of the particular work involved. This subsection may not be construed to require an employer to establish employment goals or quotas based on sexual orientation;
(ii) Discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability;
(iii) Discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. However, this section does not prohibit an employer from segregating wash rooms or locker room facilities on the basis of sex, or basing other terms and conditions of employment on the sex of employees where the Washington state human rights commission, created under chapter
49.60
RCW, has by regulation or ruling in a particular instance found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes; or
(iv) Print or circulate, or cause to be printed or circulated, any statement, advertisement, or publication, or use any form of application for employment, or make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification. However, nothing in this subsection prohibits advertising in a foreign language.
(2) Participation in theology academic programs and campus ministry departments, including the employment, promotion, or granting of tenure of faculty members for courses of study in theology, is exempt from the requirements under this section.
(3) Institutions of higher education that take no action regarding the signing of the affidavit are ineligible to participate in the pilot program in RCW 28B.10.063
.
[
2024 c 240 s 2
.]
RCW 28B.10.100
"Major line" defined.
The term "major line," whenever used in this code, shall be held and construed to mean the development of the work or courses of study in certain subjects to their fullest extent, leading to a degree or degrees in that subject.
[
1969 ex.s. c 223 s 28B.10.100
. Prior:
1917 c 10 s 1
; RRS s 4532. Formerly RCW 28.76.010
.]
RCW 28B.10.105
Courses exclusive to the University of Washington.
See RCW 28B.20.060
.
RCW 28B.10.106
Courses exclusive to Washington State University.
See RCW 28B.30.060
and
28B.30.065
.
RCW 28B.10.115
Major lines common to University of Washington and Washington State University.
Except as provided in RCW 28B.30.058, the courses of instruction of both the University of Washington and Washington State University shall embrace as major lines, pharmacy, architecture, and forest management as distinguished from forest products and logging engineering which are exclusive to the University of Washington. These major lines shall be offered and taught at said institutions only.
[
2015 c 6 s 2
;
2009 c 207 s 1
;
2003 c 82 s 1
;
1985 c 218 s 1
;
1969 ex.s. c 223 s 28B.10.115
. Prior:
1963 c 23 s 2
;
1961 c 71 s 2
; prior: (i)
1917 c 10 s 8
; RRS s 4539. (ii)
1917 c 10 s 4
; RRS s 4535. Formerly RCW 28.76.080
.]
RCW 28B.10.118
Accelerated baccalaureate degree programs
—
Approval.
(1) State universities, regional universities, and The Evergreen State College may develop accelerated baccalaureate degree programs that will allow academically qualified students to obtain a baccalaureate degree in three years without attending summer classes or enrolling in more than a full-time class load during the regular academic year. The programs must allow academically qualified students to begin coursework within their academic field during their first term or semester of enrollment.
(2) The state universities, regional universities, and The Evergreen State College shall report on their plans for the accelerated baccalaureate degree programs to the student achievement council for approval.
[
2012 c 229 s 511
;
2011 c 108 s 2
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Findings
—
Intent
—
2011 c 108:
"The legislature finds that some students are eager to complete a degree in the shortest time possible in order to enter the job market. The legislature further finds that providing a streamlined path to a baccalaureate degree would shorten the time required for students to complete a degree, improve the graduation rate, and improve accessibility for students who have proven academic abilities. The legislature intends to provide an accelerated baccalaureate degree program that will allow academically qualified students to obtain baccalaureate degrees in three years. The legislature finds that this streamlined path does not represent a new three-year standard for all students. The legislature intends to provide greater options to students, while not diminishing the quality or value of a standard baccalaureate degree. Further, the legislature intends that baccalaureate institutions explore reasonable possibilities for accelerated degree programs for academically qualified students." [
2011 c 108 s 1
.]
RCW 28B.10.120
Graduate work.
Whenever a course is authorized to be offered and taught by this code, in any of the institutions herein mentioned, as a major line, it shall carry with it the right to offer, and teach graduate work in such major lines.
[
1969 ex.s. c 223 s 28B.10.120
. Prior:
1917 c 10 s 7
; RRS s 4538. Formerly RCW 28.76.100
.]
RCW 28B.10.140
Teachers' training courses.
The University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College are each authorized to train teachers and other personnel for whom teaching certificates or special credentials prescribed by the Washington professional educator standards board are required, for any grade, level, department, or position of the public schools of the state.
[
2005 c 497 s 217
;
2004 c 60 s 1
;
1977 ex.s. c 169 s 10
;
1969 ex.s. c 223 s 28B.10.140
. Prior:
1967 c 47 s 17
;
1949 c 34 s 1
; Rem. Supp. 1949 s 4618-3. Formerly RCW 28.76.120
.]
NOTES:
Intent
—
Part headings not law
—
Effective date
—
2005 c 497:
See notes following RCW 28A.305.011
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.145
Diversity, equity, inclusion, and antiracism
—
Professional development.
(1) Each institution of higher education must:
(a) Provide professional development, either existing or new, focused on diversity, equity, inclusion, and antiracism for faculty and staff. This program must be developed in partnership with the institution's administration, faculty, staff, and student leadership groups. Efforts must be made to ensure the program is developed and delivered by individuals with innate and acquired experience and expertise in the field of diversity, equity, and inclusion. The content framework for professional development must be posted on each institution's public website for parents and community members. The professional development must begin in the 2022-23 academic year;
(b) Create an evaluation for professional development participants. The evaluations must, at minimum, capture a participant's level of satisfaction with the professional development opportunity, the degree to which the learning objectives were achieved, and how the knowledge gained may be applied to their work;
(c)(i) Share completed evaluations of program participants annually with either the state board for community and technical colleges or an organization representing the presidents of the public four-year institutions of higher education, depending on the institution; and (ii) submit curriculum and other pertinent information regarding the program beginning July 1, 2023, and, subsequently, if there is a meaningful change or by request of the reporting entity.
(2) The purpose of each professional development program curriculum must be rooted in eliminating structural racism against all races and promoting diversity, equity, and inclusion while improving academic, social, and health and wellness outcomes for students from historically marginalized communities. The program must also include elements that focus on commonalities and humanity. Institutions of higher education may further develop a curriculum that is reflective of the needs of the campus community.
(3)(a) Beginning with the 2022-23 academic year, every new faculty and staff member at an institution of higher education must participate in the program, regardless of whether they are a full-time or part-time employee. All faculty and staff participating in the professional development program must complete an evaluation. Other faculty and staff may participate in the professional development program as needed or required by their institution. Each institution must develop a goal of at least 80 percent of their total faculty and staff completing the professional development program every two years and report on their goal's progress in the report established in RCW 28B.10.151
. Each institution may determine how to show progress towards their goal. Part-time faculty and staff who are employed at more than one institution of higher education are only required to complete the professional development program at one institution if they provide proof of completion to their other institution of higher education employers to receive credit for participation.
(b) Beginning with the 2024-25 academic year, 35 percent of tenured faculty and 35 percent of administrators at each institution of higher education must complete the professional development program every two years, regardless of whether they are a full-time or part-time employee.
(4) The state board for community and technical colleges and an organization representing the presidents of the public four-year institutions of higher education may conduct further analysis of the professional development programs through participant evaluation data, use of focus groups, or other methods to determine promising practices. The state board for community and technical colleges and an organization representing the presidents of the public four-year institutions of higher education must post a list of model standards and promising practices for professional development on their public websites for parents and community members.
(5) The institutions of higher education shall adopt rules as necessary or appropriate for effecting the provisions of this section, not in conflict with this chapter, and in accordance with the provisions of chapter
34.05
RCW, the administrative procedure act.
[
2021 c 275 s 2
.]
NOTES:
Findings
—
Intent
—
2021 c 275:
"The legislature finds that a postsecondary credential such as a degree, apprenticeship, or certificate is increasingly necessary to obtain a job that offers a good salary and advancement opportunities and that increasing the number of students in Washington who obtain such a credential is essential to the state's economic success. The legislature also recognizes that equity gaps remain among postsecondary students and that those gaps particularly impact students from historically marginalized communities.
The legislature finds that developing and maintaining a culture of belonging and support for students, faculty, and staff at institutions of higher education is essential to student success, and that faculty and staff play a key role. The legislature therefore seeks to ensure that public institutions of higher education provide faculty and staff, as well as students, with training to give them tools to address matters related to antiracism, diversity, equity, and inclusion.
The legislature further finds it necessary to regularly analyze the impact of that training on the campus community and to identify any measures needed to increase diversity, equity, and inclusion. Accordingly, the legislature intends that each public institution of higher education assess the learning, working, and living environment on campus that students, faculty, and staff experience to better understand the evolving state of diversity, equity, and inclusion." [
2021 c 275 s 1
.]
Conflict with federal requirements
—
2021 c 275:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
2021 c 275 s 6
.]
RCW 28B.10.147
Diversity, equity, inclusion, and antiracism
—
Campus climate assessment.
(1)(a) The institutions of higher education as defined in RCW 28B.10.016
shall each conduct a campus climate assessment to understand the current state of diversity, equity, and inclusion in the learning, working, and living environment on campus for students, faculty, and staff. The assessment shall occur, at minimum, every five years. Institutions of higher education shall use the results of the campus climate assessment to inform the professional development, established in RCW 28B.10.145, and program, established in RCW 28B.10.149
. Institutions may use an existing campus climate assessment to meet this requirement.
(b) The state board for community and technical colleges shall develop a model campus climate assessment for the community and technical colleges that the colleges may use or modify to meet the requirements of this section.
(2) The design of an existing or new campus climate assessment must involve, at minimum, students, college and university diversity officers, faculty, and staff. The campus climate assessment must include, at minimum, an evaluation of student and employee attitudes and awareness of campus diversity, equity, and inclusion issues. The campus climate assessment may also include questions evaluating the prevalence of discrimination, sexual assault, harassment, and retaliation on and off campus, in addition to student, faculty, and staff knowledge of campus policies and procedures addressing discrimination, sexual assault, harassment, and retaliation. College and university diversity officers and students must be consulted in the development of recommendations.
(3) Institutions of higher education must, at minimum, conduct annual listening and feedback sessions for diversity, equity, and inclusion for the entire campus community during periods between campus climate assessments. Institutions of higher education must, to the maximum extent practicable, compensate students for their participation in the annual listening and feedback sessions.
(4) Beginning July 1, 2022, the institutions of higher education shall report findings or progress in completing their campus climate assessment and, when applicable, information on their listening and feedback sessions annually to either the state board for community and technical colleges or an organization representing the presidents of the public four-year institutions of higher education. The institutions of higher education must also publish annually on the institution's public website the results of either the campus climate assessment or listening and feedback sessions.
(5) The state board for community and technical colleges may require colleges to repeat their campus climate assessment. An organization representing the presidents of the public four-year institutions of higher education may also request state universities, regional universities, and The Evergreen State College to repeat their campus climate assessment.
[
2021 c 275 s 3
.]
NOTES:
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 275:
See notes following RCW 28B.10.145
.
RCW 28B.10.149
Diversity, equity, inclusion, and antiracism
—
Program for students.
(1) Each institution of higher education must:
(a) Provide a program, either existing or new, on diversity, equity, inclusion, and antiracism to students beginning with the 2024-25 academic year. Institutions of higher education may expand the focus of its program to reflect the needs of the campus community. This program must be developed in partnership with the institution's administration, faculty, staff, and student leadership groups. Efforts should be made to ensure the program is developed and delivered by individuals with innate and acquired experience and expertise in the field of diversity, equity, and inclusion. The content framework for each program must be posted on each institution's public website for parents and community members; and
(b) Create an evaluation for program participants. The evaluation must, at minimum, capture a participant's level of satisfaction with the program and how they will apply the program to their education.
(2) The purpose of each program must be rooted in eliminating structural racism against all races and promoting diversity, equity, and inclusion while improving outcomes for students from historically marginalized communities. The program must also include elements that focus on commonalities and humanity. Institutions of higher education may further develop a curriculum that is reflective of the needs of the campus community.
(3) During the 2024-25 academic year, all degree-seeking students at institutions of higher education must participate in the program, regardless of whether they are a full-time or part-time student. Beginning with the 2025-26 academic year, the program is only required for degree-seeking students who are new or have transferred to the institution and have not yet participated in a required diversity, equity, inclusion, and antiracism program at an institution of higher education. Students must be allowed to opt out of participation in the program if they self-attest to taking a diversity, equity, inclusion, and antiracism training at an institution of higher education within the previous five years.
(4) The state board for community and technical colleges and an organization representing the presidents of the public four-year institutions of higher education may conduct further analysis of the programs, through participant evaluation data, use of focus groups, or other methods to determine promising practices. The state board for community and technical colleges and an organization representing the presidents of the public four-year institutions of higher education must post a list of model standards and promising practices for programs on their public websites for parents and community members.
(5) The institutions of higher education shall adopt rules as necessary or appropriate for effecting the provisions of this section, not in conflict with this chapter, and in accordance with the provisions of chapter
34.05
RCW, the administrative procedure act.
(6) For purposes of this section, "student" or "students" does not include nonmatriculated students.
[
2021 c 275 s 4
.]
NOTES:
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 275:
See notes following RCW 28B.10.145
.
RCW 28B.10.151
Diversity, equity, inclusion, and antiracism
—
Reports.
By December 31, 2024, and biennially thereafter, the state board for community and technical colleges and an organization representing the presidents of the public four-year institutions of higher education shall each submit a report to the higher education committees of the legislature in accordance with RCW 43.01.036
for their respective institutions of higher education. The reports must include the following:
(1) Information on the professional development programs implemented by each institution of higher education, including updates on progress towards meeting the goal outlined in section 1, chapter 275, Laws of 2021;
(2) A summary of results of the campus climate assessments and other relevant information received by the institutions of higher education; and
(3) By December 31, 2026, and biennially thereafter, the reports must also include information on the student diversity, equity, inclusion, and antiracism programs implemented by each institution of higher education.
[
2021 c 275 s 5
.]
NOTES:
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 275:
See notes following RCW 28B.10.145
.
RCW 28B.10.170
College and university fees.
See chapter
28B.15
RCW.
RCW 28B.10.270
Rights of Washington national guard and other military reserve students called to service.
(1) A member of the Washington national guard or any other military reserve component who is a student at an institution of higher education and who is ordered for a period exceeding thirty days to either active state service, as defined in RCW 38.04.010, or to federal active military service has the following rights:
(a) With regard to courses in which the person is enrolled, the person may:
(i) Withdraw from one or more courses for which tuition and fees have been paid that are attributable to the courses. The tuition and fees must be credited to the person's account at the institution. Any refunds are subject to the requirements of the state or federal financial aid programs of origination. In such a case, the student shall not receive credit for the courses and shall not receive a failing grade, an incomplete, or other negative annotation on the student's record, and the student's grade point average shall not be altered or affected in any manner because of action under this item;
(ii) Be given a grade of incomplete and be allowed to complete the course upon release from active duty under the institution's standard practice for completion of incompletes; or
(iii) Continue and complete the course for full credit. Class sessions the student misses due to performance of state or federal active military service must be counted as excused absences and must not be used in any way to adversely impact the student's grade or standing in the class. Any student who selects this option is not, however, automatically excused from completing assignments due during the period the student is performing state or federal active military service. A letter grade or a grade of pass must only be awarded if, in the opinion of the faculty member teaching the course, the student has completed sufficient work and has demonstrated sufficient progress toward meeting course requirements to justify the grade;
(b) To receive a refund of amounts paid for room, board, and fees attributable to the time period during which the student was serving in state or federal active military service and did not use the facilities or services for which the amounts were paid. Any refund of room, board, and fees is subject to the requirements of the state or federal financial aid programs of origination; and
(c) If the student chooses to withdraw, the student has the right to be readmitted and enrolled as a student at the institution, without penalty or redetermination of admission eligibility, within one year following release from the state or federal active military service.
(2)(a) A member of the Washington national guard or any other military reserve or guard component who is a student at an institution of higher education and who is ordered for a period of thirty days or less to either active or inactive state or federal service and as a result of that service or follow-up medical treatment for injury incurred during that service misses any class, test, examination, laboratory, or class day on which a written or oral assignment is due, or other event upon which a course grade or evaluation is based, is entitled to make up the class, test, examination, laboratory, presentation, or event without prejudice to the final course grade or evaluation. The makeup must be scheduled after the member's return from service and after a reasonable time for the student to prepare for the test, examination, laboratory, presentation, or event.
(b) Class sessions a student misses due to performance of state or federal active or inactive military service must be counted as excused absences and may not be used in any way to adversely impact the student's grade or standing in class.
(c) If the faculty member teaching the course determines that the student has completed sufficient work and has demonstrated sufficient progress toward meeting course requirements to justify the grade without making up the class, test, examination, presentation, or other event, the grade may be awarded without the makeup, but the missed class, test, examination, laboratory, class day, presentation, or other event must not be used in any way to adversely impact the student's grade or standing in the class.
(3) The protections in this section may be invoked as follows:
(a) The person, or an appropriate officer from the military organization in which the person will be serving, must give written notice that the person is being, or has been, ordered to qualifying service; and
(b) Upon written request from the institution, the person shall provide written verification of service.
(4) This section provides minimum protections for students. Nothing in this section prevents institutions of higher education from providing additional options or protections to students who are ordered to state or federal active military service.
[
2013 c 271 s 1
;
2004 c 161 s 1
.]
NOTES:
Effective date
—
2004 c 161:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004]." [
2004 c 161 s 7
.]
RCW 28B.10.280
Student loans
—
Federal student aid programs.
The boards of regents of the state universities and the boards of trustees of regional universities, The Evergreen State College, and community and technical college districts may each create student loan funds, and qualify and participate in the National Defense Education Act of 1958 and such other similar federal student aid programs as are or may be enacted from time to time, and to that end may comply with all of the laws of the United States, and all of the rules, regulations and requirements promulgated pursuant thereto.
[
2015 c 55 s 202
;
1977 ex.s. c 169 s 11
;
1970 ex.s. c 15 s 27
;
1969 ex.s. c 222 s 2
;
1969 ex.s. c 223 s 28B.10.280
. Prior:
1959 c 191 s 1
. Formerly RCW 28.76.420
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
1970 ex.s. c 15:
See note following RCW 28A.230.160
.
Legislative declaration
—
1969 ex.s. c 222:
"The legislature hereby declares that it regards the higher education of its qualified domiciliaries to be a public purpose of great importance to the welfare and security of this state and nation; and further declares that the establishment of a student financial aid program, assisting financially needy or disadvantaged students in this state to be a desirable and economical method of furthering this purpose. The legislature has concluded that the benefit to the state in assuring the development of the talents of its qualified domiciliaries will bring tangible benefits to the state in the future.
The legislature further declares that there is an urgent need at present for the establishment of a state of Washington student financial aid program, and that the most efficient and economical way to meet this need is through the plan prescribed in this act." [
1969 ex.s. c 222 s 6
.]
State educational trust fund
—
Established
—
Deposits
—
Use: RCW 28B.92.140
.
RCW 28B.10.281
Student loans
—
Certain activities may make student ineligible for aid.
Any student who organizes and/or participates in any demonstration, riot or other activity of which the effect is to interfere with or disrupt the normal educational process at such institution shall not be eligible for such aid.
[
1969 ex.s. c 222 s 3
. Formerly RCW 28.76.421
.]
NOTES:
Legislative declaration
—
1969 ex.s. c 222:
See note following RCW 28B.10.280
.
RCW 28B.10.284
Uniform minor student capacity to borrow act.
See chapter
26.30
RCW.
RCW 28B.10.285
Student financial aid information
—
Notice to students
—
Development of reporting form
—
Compliance reporting.
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Educational institution" includes any entity that is an institution of higher education as defined in RCW 28B.10.016, a degree-granting institution as defined in RCW 28B.85.010, a private vocational school as defined in RCW 28C.10.020, or school as defined in RCW 18.16.020
.
(b) "Student education loan" means any loan solely for personal use to finance postsecondary education and costs of attendance at an educational institution.
(2) An educational institution must provide to an enrolled student who has applied for student financial aid a notification including the following information about the student education loans the educational institution has certified:
(a) An estimate, based on information available at the time the notification is provided, of the:
(i) Total amount of student education loans taken out by the student;
(ii) Potential total payoff amount of the student education loans incurred or a range of the total payoff amount, including principal and interest;
(iii) The monthly repayment amount that the student may incur for the amount of student education loans the student has taken out, based on the federal loan repayment plan borrowers are automatically enrolled in if they do not select an alternative repayment plan;
(iv) A statement that income-driven repayment plans may allow a federal student loan borrower to reduce their monthly payment according to a percentage of their income, and a brief summary of the potentially applicable plans; and
(v) Percentage of the aggregate federal direct loan borrowing limit applicable to the student's program of study the student has reached at the time the information is sent to the student; and
(b) Consumer information about the differences between private student loans and federal student loans, including a brief overview of the availability of income-driven repayment plans and loan forgiveness programs for federal loans.
(3) The notification provided under subsection (2) of this section must include a statement that the estimates and ranges provided are general in nature and not meant as a guarantee or promise of the actual projected amount. It must also include a statement that a variety of repayment plans are available for federal student loans that may limit the monthly repayment amount based on income.
(4) The notification must include information about how to access resources for student education loan borrowers provided by federal or state agencies, such as a student education loan debt hotline and website or student loan advocate, federal student loan repayment calculator, complaint portals, or other available resources. This information must include contact information for the student loan advocate established pursuant to RCW 28B.77.007
.
(5) An educational institution must provide the notification required in subsection (2) of this section via email. In addition, the educational institution may provide the notification in writing, in an electronic format, or in person.
(6) An educational institution does not incur liability, including for actions under chapter
19.86
RCW by the attorney general, for any good faith representations made under subsection (2) of this section.
(7) Educational institutions must begin providing the notification required under subsection (2) of this section by July 1, 2018, each time a financial aid package that includes a new or revised student education loan is offered to the student.
(8) Subject to the availability of amounts appropriated for this specific purpose, an organization representing the public four-year colleges and universities, an organization representing the private nonprofit institutions, the state board for community and technical colleges under chapter
28B.50
RCW, the workforce training and education coordinating board as defined in RCW 28C.18.020, and the department of licensing under chapter
46.01
RCW, must develop a form for the educational institutions to use to report compliance by July 1, 2018.
(9) Beginning December 1, 2019, and biannually thereafter until December 25, 2025, the organizations under subsection (8) of this section must submit a report in compliance with RCW 43.01.036
to the legislature that details how the educational institutions are in compliance with this section.
[
2018 c 62 s 2
;
2017 c 154 s 2
.]
NOTES:
Application
—
Short title
—
2018 c 62:
See RCW 31.04.905
and
31.04.906
.
Finding
—
Intent
—
2017 c 154:
"The legislature finds and declares that students pursuing higher education benefit from periodic notification about the balance of their student education loan debt. This notification helps students and their families make informed borrowing decisions about how to finance their postsecondary education and be more prepared for repayment when leaving school. The legislature recognizes the steps many higher education institutions in Washington have already taken to provide financial education and information to their students. The legislature encourages schools to continue to strengthen financial literacy training, financial aid counseling, and other resources available to students. It is the intent of the legislature to ensure that all students pursuing higher education in Washington receive periodic notifications about their student education loan debt." [
2017 c 154 s 1
.]
Short title
—
2017 c 154:
"This act may be known and cited as the Washington student loan transparency act." [
2017 c 154 s 3
.]
RCW 28B.10.287
Postsecondary institution financial aid disbursement by third party.
(1) For purposes of this section and RCW 28B.77.270, "postsecondary institution" means the institutions of higher education as defined in RCW 28B.10.016
and any degree-granting institution, for-profit institution, or for-profit vocational institute, operating in the state and offering instruction and training beyond the high school level for gainful employment in a recognized profession.
(2) A postsecondary institution that disburses a student's federal or state financial aid balance by means other than directly depositing the student's balance into the student's existing account or issuing a check directly from the postsecondary institution must comply with the requirements of this section.
(3) The postsecondary institution must:
(a) Provide the student, in a readily noticeable way and a reasonably understandable format, a summary of the key features associated with the debit card, access device, or financial account associated with the student's financial aid disbursement and the commonly assessed fees that the student may incur, such as surcharges if a student uses an automated teller machine that is not affiliated with the third-party servicer or financial institution issuing the disbursement. The notice may be provided by a link to a public website;
(b) Provide the student with information on the location of every surcharge-free automated teller machine located on campus that the student may use to access the student's financial aid disbursement funds without incurring a fee and whether the machines are accessible twenty-four hours a day;
(c) Provide the student with full disclosure of the contract the postsecondary institution has entered into with a third-party servicer or financial institution in the disbursement of student financial aid balances. The disclosure may be provided by a link to a public website;
(d) Provide easily understandable and prominent notice to the student of the student's rights as a consumer and notice of a complaint process for students to file complaints with the postsecondary institution if the student is being charged excessive fees or is unable to access his or her funds without incurring fees;
(e) Develop and maintain a complaint resolution process to be used by students who have complaints regarding the timeliness of the student's financial aid disbursement or fees charged related to the disbursement. The process must include procedures for students to have the student achievement council review unresolved complaints; and
(f) Comply with the rules or requirements for participation in the state financial aid programs adopted by the student achievement council, as authorized under RCW 28B.77.270
.
(4) The federal laws and regulations that apply to the disbursement of federal financial aid using third-party servicers or financial institutions also applies to the disbursement of state financial aid using third-party servicers or financial institutions.
(5) Nothing in this section requires a postsecondary institution to duplicate notices or disclosures or provide additional notices or disclosures on federal financial aid that would otherwise be required under federal law.
[
2018 c 13 s 2
.]
NOTES:
Finding
—
Intent
—
2018 c 13:
"(1) In the last few years, there has been an increase in the number of postsecondary institutions entering into agreements with financial account providers to disburse students' federal financial aid. Disbursement of financial aid often is made using access cards, such as debit cards or prepaid cards, that have fees associated with the use of those cards. Recent reports from the federal government and consumer groups have documented troubling practices used by some financial account providers, such as providers prioritizing disbursements to their own affiliated accounts over the student's preexisting bank accounts, providers and schools giving students the impression that signing up for the financial provider's card account is required to receive financial aid, and students being charged unavoidable fees to access their funds. The federal government adopted regulations in 2015 to address these issues. The legislature intends for sections 2 and 3 of this act to be compatible with federal rules.
(2) The legislature finds that although the federal regulations provide some protection for students, Washington's postsecondary institutions must ensure that students are treated fairly and that one hundred percent of state financial aid awards be available to students for purposes for which aid is granted, rather than for fees or other costs incurred by the student to access their aid awards. The legislature intends to strengthen protections for students by requiring that postsecondary institutions give students full disclosure and notice, comply with all federal and state rules and regulations, and operate their student financial aid disbursements in a manner where students bear none of the financial weight of accessing their own funds and are not discouraged from having funds disbursed to them in the manner that provides the greatest ease of access. The legislature intends to extend similar protections required under federal rules for federal financial aid to the disbursement of state financial aid." [
2018 c 13 s 1
.]
RCW 28B.10.293
Collection of debts
—
Conditions and limitations on institutions of higher education.
(1) Institutions of higher education may, in the control and collection of any debt or claim due owing to it, impose reasonable financing and late charges, as well as reasonable costs and expenses incurred in the collection of such debts, if provided for in the note or agreement signed by the debtor.
(2) Institutions of higher education may not do any of the following for the purposes of debt collection, unless the debts are related to nonpayment of tuition fees, room and board fees, or financial aid funds owed:
(a) Refuse to provide an official transcript for a current or former student on the grounds that the student owes a debt;
(b) Condition the provision of an official transcript on the payment of the debt, other than a fee charged to provide the official transcript;
(c) Charge a higher fee for obtaining the official transcript, or provide less than favorable treatment of an official transcript request because a student owes a debt; or
(d) Use transcript issuance as a tool for debt collection.
(3) Institutions of higher education may not withhold a student's official transcript, regardless of debt, except the fee charged to provide an official transcript, if the official transcript is requested by a student or entity for any of the following purposes:
(a) Job applications;
(b) Transferring to another institution;
(c) Applying for financial aid;
(d) Pursuit of opportunities in the military or national guard; or
(e) Pursuit of other postsecondary opportunities.
(4) Institutions of higher education may not withhold registration privileges as a debt collection tool, excluding the case of any debts related to nonpayment of tuition fees, room and board fees, or financial aid funds owed.
(5) If an institution of higher education chooses to withhold official transcripts or registration privileges as a tool for debt collection, the institution shall disclose to students through a secure portal or email and the class registration process the following at the start of each academic term:
(a) The amount of debt, if any, owed by the student to the institution;
(b) Information on payment of the debt, including who to contact to set up a payment plan; and
(c) Any consequences that will result from the nonpayment of the debt.
(6) For the purposes of this section:
(a) "Debt" means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a student.
(b) "Financial aid funds owed" means any financial aid funds owed to the institution under Title IV, or to the state, due to miscalculation, withdrawal, misinformation, or other reason, not including standard repayment of student loans.
(c) "Institutions of higher education" means the same as in RCW 28B.92.030
.
(d) "Room and board fees" means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a student for the provision of contractually agreed to on-campus housing or meal services plans.
(e) "Tuition fees" means tuition fees as defined in RCW 28B.15.020, services and activities fees as defined in RCW 28B.15.041, technology fees as defined in RCW 28B.15.051, and fees charged for nonstate funded, fee-based, self-supporting degree, certificate, or continuing education courses, or similar charges for nonpublic institutions.
[
2020 c 281 s 1
;
1977 ex.s. c 18 s 1
.]
RCW 28B.10.294
Collection of debts
—
Report.
Institutions of higher education shall report to the governor and the higher education committees of the legislature in accordance with RCW 43.01.036
annually beginning on December 1, 2020, on transcript and registration holds used as debt collection tools, including:
(1) Each institution's policy on when transcript and registration holds are used, including the time frames and amounts for which holds are to be used and the lowest amount for which an institution assigns a debt to a third-party collection agency;
(2) The number of official transcripts and registration privileges being withheld by each institution; and
(3) The number of past-due accounts assigned to third-party collection agencies.
[
2020 c 281 s 2
.]
RCW 28B.10.295
Educational materials on abuses of, and illnesses consequent from, alcohol.
The boards of regents of the state's universities, the boards of trustees of the respective state colleges, and the boards of trustees of the respective community colleges, with the cooperation of the *state board for community college education, shall make available at some place of prominence within the premises of each campus educational materials on the abuses of alcohol in particular and the illnesses consequent therefrom in general: PROVIDED, That such materials shall be obtained from public or private organizations at no cost to the state.
[
1975 1st ex.s. c 164 s 2
.]
NOTES:
*Reviser's note:
The state board for community college education was renamed the state board for community and technical colleges by
1991 c 238 s 30
.
Legislative recognition of community alcohol centers:
"The legislature recognizes the invaluable services performed by the community alcohol centers throughout the state, which centers would view making available such educational materials as referred to in section 2 of this act as a part of their community outreach education and preventive program and for which material no fees would be charged." [
1975 1st ex.s. c 164 s 1
.]
RCW 28B.10.300
Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College
—
Authorized.
The boards of regents of the state universities and the boards of trustees of the regional universities and The Evergreen State College are severally authorized to:
(1) Enter into contracts with persons, firms or corporations for the construction, installation, equipping, repairing, renovating and betterment of buildings and facilities for the following:
(a) Dormitories
(b) Hospitals
(c) Infirmaries
(d) Dining halls
(e) Student activities
(f) Services of every kind for students, including, but not limited to, housing, employment, registration, financial aid, counseling, testing and offices of the dean of students
(g) Vehicular parking
(h) Student, faculty and employee housing and boarding;
(2) Purchase or lease lands and other appurtenances necessary for the construction and installation of such buildings and facilities and to purchase or lease lands with buildings and facilities constructed or installed thereon suitable for the purposes aforesaid;
(3) Lease to any persons, firms, or corporations such portions of the campus of their respective institutions as may be necessary for the construction and installation of buildings and facilities for the purposes aforesaid and the reasonable use thereof;
(4) Borrow money to pay the cost of the acquisition of such lands and of the construction, installation, equipping, repairing, renovating, and betterment of such buildings and facilities, including interest during construction and other incidental costs, and to issue revenue bonds or other evidence of indebtedness therefor, and to refinance the same before or at maturity and to provide for the amortization of such indebtedness from services and activities fees or from the rentals, fees, charges, and other income derived through the ownership, operation and use of such lands, buildings, and facilities and any other dormitory, hospital, infirmary, dining, student activities, student services, vehicular parking, housing or boarding building or facility at the institution;
(5) Contract to pay as rental or otherwise the cost of the acquisition of such lands and of the construction and installation of such buildings and facilities on the amortization plan; the contract not to run over forty years;
(6) Expend on the amortization plan services and activities fees and/or any part of all of the fees, charges, rentals, and other income derived from any or all revenue-producing lands, buildings, and facilities of their respective institutions, heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land or the appurtenances thereon, and to pledge such services and activities fees and/or the net income derived through the ownership, operation and use of any lands, buildings or facilities of the nature described in subsection (1) hereof for the payment of part or all of the rental, acquisition, construction, and installation, and the betterment, repair, and renovation or other contract charges, bonds or other evidence of indebtedness agreed to be paid on account of the acquisition, construction, installation or rental of, or the betterment, repair or renovation of, lands, buildings, facilities and equipment of the nature authorized by this section.
[
1977 ex.s. c 169 s 13
;
1973 1st ex.s. c 130 s 1
;
1969 ex.s. c 223 s 28B.10.300
. Prior:
1967 ex.s. c 107 s 1
;
1963 c 167 s 1
;
1961 c 229 s 2
; prior: (i) 1950 ex.s. c 17 s 1, part; 1947 c 64 s 1, part; 1933 ex.s. c 23 s 1, part; 1925 ex.s. c 91 s 1, part; Rem. Supp. 1947 s 4543-1, part. (ii) 1947 c 64 s 2, part; 1933 ex.s. c 23 s 2, part; 1925 ex.s. c 91 s 2, part; Rem. Supp. 1947 s 4543-2, part. Formerly RCW 28.76.180
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Prior bonds validated: See
1961 c 229 s 10
.
RCW 28B.10.305
Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College
—
Use of lands, buildings, and facilities.
The lands, buildings, facilities, and equipment acquired, constructed or installed for those purposes shall be used in the respective institutions primarily for:
(1) Dormitories
(2) Hospitals
(3) Infirmaries
(4) Dining halls
(5) Student activities
(6) Services of every kind for students, including, but not limited to housing, employment, registration, financial aid, counseling, testing and offices of the dean of students
(7) Vehicular parking
(8) Student, faculty and employee housing and boarding.
[
1969 ex.s. c 223 s 28B.10.305
. Prior:
1967 ex.s. c 107 s 2
;
1963 c 167 s 2
;
1961 c 229 s 3
; prior: 1950 ex.s. c 17 s 1, part; 1947 c 64 s 1, part; 1933 ex.s. c 23 s 1, part; 1925 ex.s. c 91 s 1, part; Rem. Supp. 1947 s 4543-1, part. Formerly RCW 28.76.190
.]
RCW 28B.10.310
Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College
—
Bonds
—
Sale, interest, form, payment, term, execution, negotiability, etc.
Each issue or series of such bonds: Shall be sold at such price and at such rate or rates of interest; may be serial or term bonds; may mature at such time or times in not to exceed forty years from date of issue; may be sold at public or private sale; may be payable both principal and interest at such place or places; may be subject to redemption prior to any fixed maturities; may be in such denominations; may be payable to bearer or to the purchaser or purchasers thereof or may be registrable as to principal or principal and interest as provided in RCW 39.46.030
; may be issued under and subject to such terms, conditions, and covenants providing for the payment of the principal thereof and interest thereon, which may include the creation and maintenance of a reserve fund or account to secure the payment of such principal and interest and a provision that additional bonds payable out of the same source or sources may later be issued on a parity therewith, and such other terms, conditions, covenants, and protective provisions safeguarding such payment, all as determined and found necessary and desirable by said boards of regents or trustees. If found reasonably necessary and advisable, such boards of regents or trustees may select a trustee for the owners of each such issue or series of bonds and/or for the safeguarding and disbursements of the proceeds of their sale for the uses and purposes for which they were issued and, if such trustee or trustees are so selected, shall fix its or their rights, duties, powers, and obligations. The bonds of each such issue or series: Shall be executed on behalf of such universities or colleges by the president of the board of regents or the chair of the board of trustees, and shall be attested by the secretary or the treasurer of such board, one of which signatures may be a facsimile signature; and shall have the seal of such university or college impressed, printed, or lithographed thereon, and any interest coupons attached thereto shall be executed with the facsimile signatures of said officials. The bonds of each such issue or series and any of the coupons attached thereto shall be negotiable instruments within the provisions and intent of the negotiable instruments law of this state even though they shall be payable solely from any special fund or funds.
[
2011 c 336 s 709
;
1983 c 167 s 31
;
1972 ex.s. c 25 s 1
;
1970 ex.s. c 56 s 22
;
1969 ex.s. c 232 s 96
;
1969 ex.s. c 223 s 28B.10.310
. Prior:
1961 c 229 s 7
. Formerly RCW 28.76.192
.]
NOTES:
Liberal construction
—
Severability
—
1983 c 167:
See RCW 39.46.010
and note following.
Purpose
—
1970 ex.s. c 56:
See note following RCW 39.52.020
.
Validation
—
Saving
—
Severability
—
1969 ex.s. c 232:
See notes following RCW 39.52.020
.
RCW 28B.10.315
Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College
—
Funding, refunding bonds.
Such boards of regents or trustees may from time to time provide for the issuance of funding or refunding revenue bonds to fund or refund at or prior to maturity any or all bonds of other indebtedness, including any premiums or penalties required to be paid to effect such funding or refunding, heretofore or hereafter issued or incurred to pay all or part of the cost of acquiring, constructing, or installing any lands, buildings, or facilities of the nature described in RCW 28B.10.300
.
Such funding or refunding bonds and any coupons attached thereto shall be negotiable instruments within the provisions and intent of the negotiable instruments law of this state.
Such funding or refunding bonds may be exchanged for or applied to the payment of the bonds or other indebtedness being funded or refunded or may be sold in such manner and at such price, and at such rate or rates of interest as the boards of regents or trustees deem advisable, either at public or private sale.
The provisions of this chapter relating to the maturities, terms, conditions, covenants, interest rate, issuance, and sale of revenue bonds shall be applicable to such funding or refunding bonds except as may be otherwise specifically provided in this section.
[
1983 c 167 s 32
;
1970 ex.s. c 56 s 23
;
1969 ex.s. c 232 s 97
;
1969 ex.s. c 223 s 28B.10.315
. Prior:
1961 c 229 s 8
. Formerly RCW 28.76.194
.]
NOTES:
Liberal construction
—
Severability
—
1983 c 167:
See RCW 39.46.010
and note following.
Purpose
—
1970 ex.s. c 56:
See note following RCW 39.52.020
.
Validation
—
Saving
—
Severability
—
1969 ex.s. c 232:
See notes following RCW 39.52.020
.
RCW 28B.10.320
Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College
—
Authority to be liberally construed
—
Future acquisitions and installations may be pledged for payment.
The authority granted in RCW 28B.10.300
through
28B.10.330
and
28B.15.220
shall be liberally construed and shall apply to all lands, buildings, and facilities of the nature described in RCW 28B.10.300
heretofore or hereafter acquired, constructed, or installed and to any rentals, contract obligations, bonds or other indebtedness heretofore or hereafter issued or incurred to pay part or all of the cost thereof, and shall include authority to pledge for the amortization plan the net income from any and all existing and future lands, buildings and facilities of the nature described in RCW 28B.10.300
whether or not the same were originally financed hereunder or under predecessor statutes.
[
1969 ex.s. c 223 s 28B.10.320
. Prior:
1961 c 229 s 9
. Formerly RCW 28.76.196
.]
RCW 28B.10.325
Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College
—
Rate of interest on obligations.
The rate or rates of interest on the principal of any obligation made or incurred under the authority granted in RCW 28B.10.300
shall be as authorized by the board of regents or trustees.
[
1970 ex.s. c 56 s 24
;
1969 ex.s. c 232 s 98
;
1969 ex.s. c 223 s 28B.10.325
. Prior:
1961 c 229 s 4
; prior: 1950 ex.s. c 17 s 1, part; 1947 c 64 s 1, part; 1933 ex.s. c 23 s 1, part; 1925 ex.s. c 91 s 1, part; Rem. Supp. 1947 s 4353-1, part. Formerly RCW 28.76.200
.]
NOTES:
Purpose
—
1970 ex.s. c 56:
See note following RCW 39.52.020
.
Validation
—
Saving
—
Severability
—
1969 ex.s. c 232:
See notes following RCW 39.52.020
.
RCW 28B.10.330
Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College
—
Nonliability of state.
The state shall incur no liability by reason of the exercise of the authority granted in RCW 28B.10.300
.
[
1969 ex.s. c 223 s 28B.10.330
. Prior:
1961 c 229 s 5
; prior: 1950 ex.s. c 17 s 1, part; 1947 c 64 s 1, part; 1933 ex.s. c 23 s 1, part; 1925 ex.s. c 91 s 1, part; Rem. Supp. 1947 s 4543-1, part. Formerly RCW 28.76.210
.]
RCW 28B.10.335
Validation of prior bond issues.
All terms, conditions, and covenants, including the pledges of student activity fees, student use fees and student building use fees, special student fees or any similar fees charged to all full time students, or to all students, as the case may be, registering at the state's colleges and universities, contained in all bonds heretofore issued to pay all or part of the cost of acquiring, constructing or installing any lands, buildings, or facilities of the nature described in RCW 28B.10.300
are hereby declared to be lawful and binding in all respects.
[
1973 1st ex.s. c 130 s 3
.]
RCW 28B.10.350
Construction work, remodeling, or demolition
—
Public bid
—
Exemption
—
Waiver
—
Prevailing rate of wage
—
Universities and The Evergreen State College.
(1) When the cost to The Evergreen State College or any regional or state university of any building, construction, renovation, remodeling, or demolition, other than maintenance or repairs, will equal or exceed the sum of $110,000, or $90,000 if the work involves one trade or craft area, complete plans and specifications for the work shall be prepared, the work shall be put out for public bid, and the contract shall be awarded to the responsible bidder who submits the lowest responsive bid.
(2) Any building, construction, renovation, remodeling, or demolition project that exceeds the dollar amounts in subsection (1) of this section is subject to the provisions of chapter
39.12
RCW.
(3) The Evergreen State College or any regional or state university may require a project to be put to public bid even when it is not required to do so under subsection (1) of this section. Any project publicly bid under this subsection is subject to the provisions of chapter
39.12
RCW.
(4) Where the estimated cost of any building, construction, renovation, remodeling, or demolition is less than $110,000 or the contract is awarded by the small works roster procedure authorized in RCW 39.04.151
through
39.04.154, the publication requirements of RCW 39.04.020
do not apply.
(5) In the event of any emergency when the public interest or property of The Evergreen State College or a regional or state university would suffer material injury or damage by delay, the president of such college or university may declare the existence of an emergency and, reciting the facts constituting the same, may waive the requirements of this section with reference to any contract in order to correct the condition causing the emergency. For the purposes of this section, "emergency" means a condition likely to result in immediate physical injury to persons or to property of the college or university in the absence of prompt remedial action or a condition which immediately impairs the institution's ability to perform its educational obligations.
(6) This section does not apply when a contract is awarded by the small works roster procedure authorized in RCW 39.04.151
through
39.04.154
or under any other procedure authorized for an institution of higher education.
[
2023 c 395 s 18
;
2023 c 97 s 1
;
2009 c 229 s 2
;
2007 c 495 s 1
;
2001 c 38 s 1
;
2000 c 138 s 202
;
1993 c 379 s 109
;
1985 c 152 s 1
;
1979 ex.s. c 12 s 1
;
1977 ex.s. c 169 s 14
;
1971 ex.s. c 258 s 1
.]
NOTES:
Reviser's note:
This section was amended by 2023 c 97 s 1 and by 2023 c 395 s 18, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2023 c 395 ss 1-30, 32-34, 36, and 37:
See note following RCW 39.04.010
.
Findings
—
Intent
—
2023 c 395:
See note following RCW 39.04.010
.
Purpose
—
Part headings not law
—
2000 c 138:
See notes following RCW 39.04.010
.
Intent
—
Severability
—
Effective date
—
1993 c 379:
See notes following RCW 28B.10.029
.
Severability
—
1979 ex.s. c 12:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1979 ex.s. c 12 s 3
.]
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
1971 ex.s. c 258:
"If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1971 ex.s. c 258 s 3
.]
Subcontractors to be identified by bidder, when: RCW 39.30.060
.
RCW 28B.10.354
High-performance public buildings requirements.
Institutions of higher education must comply with high-performance public building[s] requirements under RCW 39.35D.010
through
39.35D.030
and
39.35D.060
.
[
2005 c 12 s 8
.]
RCW 28B.10.360
Educational and career opportunities in the military, student access to information on, when.
If a public institution of higher education provides access to the campus and the student information directory to persons or groups which make students aware of occupational or educational options, the institution of higher education shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military.
[
1980 c 96 s 2
.]
RCW 28B.10.365
Early course registration period
—
Service members.
(1) Beginning in the 2024-25 academic year, institutions of higher education that offer an early course registration period for any segment of the student population must have a process in place to offer students who are eligible veterans, national guard members, active duty military members, and their spouses, domestic partners, and dependents early course registration as follows:
(a) New students who are eligible under this subsection and who have completed all of their admission processes must be offered an early course registration period; and
(b) Continuing and returning former students who are eligible under this subsection and who have met current enrollment requirements must be offered early course registration among continuing students with the same level of class standing or credit as determined by the attending institution and according to institutional policies.
(2) For purposes of this section, "eligible veterans or national guard members" has the same meaning as in RCW 28B.15.621
.
[
2024 c 89 s 1
.]
RCW 28B.10.400
Annuities and retirement income plans
—
Authorized.
(1) The boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, the state board for community and technical colleges, and the student achievement council are authorized and empowered:
(a) To assist the faculties and such other employees exempt from civil service pursuant to RCW 41.06.070
(1)(z) and (2) as any such board may designate in the purchase of old age annuities or retirement income plans under such rules as any such board may prescribe, subject to the restrictions in subsection (2) of this section. County agricultural agents, home demonstration agents, 4-H club agents, and assistant county agricultural agents paid jointly by the Washington State University and the several counties shall be deemed to be full-time employees of the Washington State University for the purposes of this section;
(b) To provide, under such rules as any such board may prescribe for the faculty members or other employees exempt from civil service pursuant to RCW 41.06.070
(1)(z) and (2) under its supervision, for the retirement of any such faculty member or other exempt employee on account of age or condition of health, retirement on account of age to be not earlier than the sixty-fifth birthday: PROVIDED, That such faculty member or such other exempt employee may elect to retire at the earliest age specified for retirement by federal social security law: PROVIDED FURTHER, That any supplemental payment authorized by (c) of this subsection and paid as a result of retirement earlier than age sixty-five shall be at an actuarially reduced rate; and shall be provided only to those persons who participate in an annuity or retirement income plan under (a) of this subsection prior to July 1, 2011;
(c) To pay only to those persons who participate in an annuity or retirement income plan under (a) of this subsection prior to July 1, 2011, or to his or her designated beneficiary(s), each year after his or her retirement, a supplemental amount which, when added to the amount of such annuity or retirement income plan, or retirement income benefit pursuant to RCW 28B.10.415, received by the retired person or the retired person's designated beneficiary(s) in such year, will not exceed fifty percent of the average annual salary paid to such retired person for his or her highest two consecutive years of full-time service under an annuity or retirement income plan established pursuant to (a) of this subsection at an institution of higher education: PROVIDED, HOWEVER, That if such retired person prior to retirement elected a supplemental payment survivors option, any such supplemental payments to such retired person or the retired person's designated beneficiary(s) shall be at actuarially reduced rates: PROVIDED FURTHER, That if a faculty member or other employee of an institution of higher education who is a participant in a retirement plan authorized by this section dies, or has died before retirement but after becoming eligible for retirement on account of age, the designated beneficiary(s) shall be entitled to receive the supplemental payment authorized by this subsection to which such designated beneficiary(s) would have been entitled had said deceased faculty member or other employee retired on the date of death after electing a supplemental payment survivors option: PROVIDED FURTHER, That for the purpose of this subsection, the designated beneficiary(s) shall be (i) the surviving spouse of the retiree; or, (ii) with the written consent of such spouse, if any, such other person or persons as shall have an insurable interest in the retiree's life and shall have been nominated by written designation duly executed and filed with the retiree's institution of higher education.
(2) Boards are prohibited from offering a purchased annuity or retirement income plan authorized under this section to employees hired on or after July 1, 2011, who have retired or are eligible to retire from a public employees' retirement system described in RCW 41.50.030
. The student achievement council shall only offer participation in a purchased annuity or retirement income plan authorized under this section to employees who have previously contributed premiums to a similar qualified plan.
(3) During the 2011 legislative interim, the select committee on pension policy shall evaluate the suitability and necessity of the annuity and retirement plans authorized under this chapter for employees in various positions within higher education institutions. The select committee shall report its findings, including any recommendations for restrictions on future plan membership, to the ways and means committees of the house of representatives and the senate no later than December 31, 2011.
[
2012 c 229 s 512
;
2011 1st sp.s. c 47 s 2
;
2010 c 21 s 1
;
1979 ex.s. c 259 s 1
;
1977 ex.s. c 169 s 15
;
1975 1st ex.s. c 212 s 1
;
1973 1st ex.s. c 149 s 1
;
1971 ex.s. c 261 s 1
;
1969 ex.s. c 223 s 28B.10.400
. Prior:
1965 c 54 s 2
;
1957 c 256 s 1
;
1955 c 123 s 1
;
1947 c 223 s 1
;
1943 c 262 s 1
;
1937 c 223 s 1
; Rem. Supp. 1947 s 4543-11. Formerly RCW 28.76.240
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Intent
—
2011 1st sp.s. c 47:
"The legislature intends that the retirement and annuity programs of the state's institutions of higher education be revised for future participants to reflect changes that have already occurred in state pension plans. The legislature intends also that newly hired employees who are eligible for participation in an annuity or retirement income plan offered by a higher education institution have an opportunity to participate in either (1) that plan without a supplemental benefit under RCW 28B.10.400
(1)(c), or (2) the public employees' retirement system plan 3 or the teachers' retirement system plan 3. Plan 3 provides a combination of defined contribution and defined benefit pension, which will be available for newly hired employees. Further, the legislature intends that effective July 1, 2011, state funding for annuity or retirement income plans under RCW 28B.10.400
will not exceed six percent of salary. The legislature also intends to reduce the expanded postretirement employment provisions for members of the public employees' retirement system plan 1 and the teachers' retirement system plan 1 that were temporarily expanded due to the shortage of qualified workers in particular teaching and public employment categories, and eliminate postretirement employment exceptions that existed for annuity or retirement income plan-covered positions that have been the subject of abuse." [
2011 1st sp.s. c 47 s 1
.]
Effective dates
—
2011 1st sp.s. c 47:
"Except for sections 10 and 19 of this act which take effect January 1, 2012, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [
2011 1st sp.s. c 47 s 23
.]
Effective date
—
1979 ex.s. c 259:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [
1979 ex.s. c 259 s 5
.]
Severability
—
1979 ex.s. c 259:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1979 ex.s. c 259 s 4
.]
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
1973 1st ex.s. c 149:
"If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1973 1st ex.s. c 149 s 9
.]
Appropriation
—
1973 1st ex.s. c 149:
"The sum of $1,611,650 is hereby appropriated from the general fund for the purpose of carrying out this 1973 amendatory act, to be allocated by the governor to the institutions of higher education." [
1973 1st ex.s. c 149 s 10
.]
Effective date
—
1973 1st ex.s. c 149:
"This 1973 amendatory act shall take effect on July 1, 1974." [
1973 1st ex.s. c 149 s 11
.]
Severability
—
1971 ex.s. c 261:
"If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1971 ex.s. c 261 s 7
.]
RCW 28B.10.401
Assumptions to be applied when establishing supplemental payment under RCW 28B.10.400
(3).
The boards of regents of the state universities, the boards of trustees of the state colleges, and the *state board for community college education, when establishing the amount of supplemental payment under **RCW 28B.10.400
(3) as now or hereafter amended, shall apply the following assumptions:
(1) That the faculty member or such other employee at the time of retirement elected a joint and two-thirds survivor option on their annuity or retirement income plan using actual ages, but not exceeding a five-year age difference if married, or an actuarial equivalent option if single, which represents accumulations including all dividends from all matching contributions and any benefit that such faculty member is eligible to receive from any Washington state public retirement plan while employed at an institution of higher education;
(2) That on and after July 1, 1974, matching contributions were allocated equally between a fixed dollar and a variable dollar annuity;
(3) That for each year after age fifty, the maximum amount of contributions pursuant to RCW 28B.10.410
as now or hereafter amended be contributed toward the purchase of such annuity or retirement income plan, otherwise three-fourths of the formula described in RCW 28B.10.415, as now or hereafter amended, shall be applied.
[
1979 ex.s. c 259 s 3
.]
NOTES:
Reviser's note:
*(1) The state board for community college education was renamed the state board for community and technical colleges by
1991 c 238 s 30
.
**(2) RCW 28B.10.400
was amended by 2011 1st sp.s. c 47 s 2, changing subsection (3) to subsection (1)(c).
Effective date
—
Severability
—
1979 ex.s. c 259:
See notes following RCW 28B.10.400
.
RCW 28B.10.405
Annuities and retirement income plans
—
Contributions by faculty and employees.
Members of the faculties and such other employees exempt from civil service pursuant to RCW 41.06.070
(1)(z) and (2) as are designated by the boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, the student achievement council, or the state board for community and technical colleges who do not opt to become members of the teachers' retirement system or the public employees' retirement system under RCW 41.32.836
or
41.40.798, or who are not prevented from participation in an annuity or retirement plan under RCW 28B.10.400
(2) shall be required to contribute not less than five percent of their salaries during each year of full-time service after the first two years of such service toward the purchase of such annuity or retirement income plan; such contributions may be in addition to federal social security tax contributions, if any.
[
2012 c 229 s 513
;
2011 1st sp.s. c 47 s 3
;
1977 ex.s. c 169 s 16
;
1973 1st ex.s. c 149 s 2
;
1971 ex.s. c 261 s 2
;
1969 ex.s. c 223 s 28B.10.405
. Prior:
1955 c 123 s 2
;
1947 c 223 s 2
; Rem. Supp. 1947 s 4543-12. Formerly RCW 28.76.250
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Intent
—
Effective dates
—
2011 1st sp.s. c 47:
See notes following RCW 28B.10.400
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
Appropriation
—
Effective date
—
1973 1st ex.s. c 149:
See notes following RCW 28B.10.400
.
Severability
—
1971 ex.s. c 261:
See note following RCW 28B.10.400
.
RCW 28B.10.407
Annuities and retirement income plans
—
Credit for authorized leaves of absence without pay.
(1) A faculty member or other employee designated by the boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, or the *state board for community college education who is granted an authorized leave of absence without pay may apply the period of time while on the leave in the computation of benefits in any annuity and retirement plan authorized under RCW 28B.10.400
through
28B.10.430
only to the extent provided in subsection (2) of this section.
(2) An employee who is eligible under subsection (1) of this section may receive a maximum of two years' credit during the employee's entire working career for periods of authorized leave without pay. Such credit may be obtained only if the employee pays both the employer and employee contributions required under RCW 28B.10.405
and
28B.10.410
while on the authorized leave of absence and if the employee returns to employment with the university or college immediately following the leave of absence for a period of not less than two years. The employee and employer contributions shall be based on the average of the employee's compensation at the time the leave of absence was authorized and the time the employee resumes employment. Any benefit under **RCW 28B.10.400
(3) shall be based only on the employee's compensation earned from employment with the university or college.
An employee who is inducted into the armed forces of the United States shall be deemed to be on an unpaid, authorized leave of absence.
[
1987 c 448 s 1
.]
NOTES:
Reviser's note:
*(1) The state board for community college education was renamed the state board for community and technical colleges by
1991 c 238 s 30
.
**(2) RCW 28B.10.400
was amended by 2011 1st sp.s. c 47 s 2, changing subsection (3) to subsection (1)(c).
RCW 28B.10.409
Annuities and retirement income plans
—
Membership while serving as state legislator.
(1) On or after January 1, 1997, any employee who is on leave of absence from an institution in order to serve as a state legislator may elect to continue to participate in any annuity or retirement plan authorized under RCW 28B.10.400
during the period of such leave.
(2) The institution shall pay the employee's salary attributable to legislative service and shall match the employee's retirement plan contributions based on the salary for the leave period. The state legislature shall reimburse the institution for the salary and employer contributions covering the leave period.
(3) "Institution" for purposes of this section means any institution or entity authorized to provide retirement benefits under RCW 28B.10.400
.
[
1997 c 123 s 2
.]
RCW 28B.10.410
Annuities and retirement income plans
—
Limitation on institution's contribution.
The boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, the student achievement council, or the state board for community and technical colleges shall pay not more than one-half of the annual premium of any annuity or retirement income plan established under the provisions of RCW 28B.10.400
. Such contribution shall not exceed ten percent of the salary of the faculty member or other employee on whose behalf the contribution is made. This contribution may be in addition to federal social security tax contributions made by the boards, if any.
[
2012 c 229 s 514
;
2011 1st sp.s. c 47 s 4
;
1977 ex.s. c 169 s 17
;
1973 1st ex.s. c 149 s 3
;
1971 ex.s. c 261 s 3
;
1969 ex.s. c 223 s 28B.10.410
. Prior:
1955 c 123 s 3
;
1947 c 223 s 3
; Rem. Supp. 1947 s 4543-13. Formerly RCW 28.76.260
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Intent
—
Effective dates
—
2011 1st sp.s. c 47:
See notes following RCW 28B.10.400
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
Appropriation
—
Effective date
—
1973 1st ex.s. c 149:
See notes following RCW 28B.10.400
.
Severability
—
1971 ex.s. c 261:
See note following RCW 28B.10.400
.
RCW 28B.10.415
Annuities and retirement income plans
—
Limitation on annuity or retirement income plan payment.
The boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, the student achievement council, or the state board for community and technical colleges shall not pay any amount to be added to the annuity or retirement income plan of any retired person who was first hired on or after July 1, 2011, or who has served for less than ten years in one or more of the state institutions of higher education. In the case of persons who have served more than ten years but less than twenty-five years no amount shall be paid in excess of four percent of the amount authorized in RCW 28B.10.400
(1)(c), multiplied by the number of years of full-time service rendered by such person: PROVIDED, That credit for years of service at an institution of higher education shall be limited to those years in which contributions were made by a faculty member or other employee designated pursuant to RCW 28B.10.400
(1)(a) and the institution or the state as a result of which a benefit is being received by a retired person from any Washington state public retirement plan: PROVIDED FURTHER, That all such benefits that a retired person is eligible to receive shall reduce any supplementation payments provided for in RCW 28B.10.400
.
[
2012 c 229 s 515
;
2011 1st sp.s. c 47 s 5
;
1979 ex.s. c 259 s 2
;
1977 ex.s. c 169 s 18
;
1973 1st ex.s. c 149 s 4
;
1971 ex.s. c 261 s 4
;
1969 ex.s. c 223 s 28B.10.415
. Prior:
1955 c 123 s 4
;
1947 c 223 s 4
; Rem. Supp. 1947 s 4543-14. Formerly RCW 28.76.270
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Intent
—
Effective dates
—
2011 1st sp.s. c 47:
See notes following RCW 28B.10.400
.
Effective date
—
Severability
—
1979 ex.s. c 259:
See notes following RCW 28B.10.400
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
Appropriation
—
Effective date
—
1973 1st ex.s. c 149:
See notes following RCW 28B.10.400
.
Severability
—
1971 ex.s. c 261:
See note following RCW 28B.10.400
.
RCW 28B.10.417
Annuities and retirement income plans
—
Rights and duties of faculty or employees with Washington state teachers' retirement system credit
—
Regional universities and The Evergreen State College.
(1) This section applies only to those persons who are first employed by a higher education institution in a position eligible for participation in an annuity or retirement program under RCW 28B.10.400
prior to July 1, 2011.
(2) A faculty member or other employee exempt from civil service pursuant to RCW 41.06.070
(1)(z) and (2) designated by the board of trustees of the applicable regional university or of The Evergreen State College as being subject to an annuity or retirement income plan and who, at the time of such designation, is a member of the Washington state teachers' retirement system, shall retain credit for such service in the Washington state teachers' retirement system and, except as provided in subsection (3) of this section, shall leave his or her accumulated contributions in the teachers' retirement fund. Upon his or her attaining eligibility for retirement under the Washington state teachers' retirement system, such faculty member or other employee shall receive from the Washington state teachers' retirement system a retirement allowance consisting of an annuity which shall be the actuarial equivalent of his or her accumulated contributions at his or her age when becoming eligible for such retirement and a pension for each year of creditable service established and retained at the time of said designation as provided in RCW 41.32.497
. Anyone who on July 1, 1967, was receiving pension payments from the teachers' retirement system based on thirty-five years of creditable service shall thereafter receive a pension based on the total years of creditable service established with the retirement system: PROVIDED, HOWEVER, That any such faculty member or other employee exempt from civil service pursuant to RCW 41.06.070
(1)(z) and (2) who, upon attainment of eligibility for retirement under the Washington state teachers' retirement system, is still engaged in public educational employment, shall not be eligible to receive benefits under the Washington state teachers' retirement system until he or she ceases such public educational employment. Any retired faculty member or other employee who enters service in any public educational institution shall cease to receive pension payments while engaged in such service: PROVIDED FURTHER, That such service may be rendered up to seventy-five days in a school year without reduction of pension.
(3) A faculty member or other exempt employee designated by the board of trustees of the applicable regional university or of The Evergreen State College as being subject to the annuity and retirement income plan and who, at the time of such designation, is a member of the Washington state teachers' retirement system may, at his or her election and at any time, on and after midnight June 10, 1959, terminate his or her membership in the Washington state teachers' retirement system and withdraw his or her accumulated contributions and interest in the teachers' retirement fund upon written application to the board of trustees of the Washington state teachers' retirement system. Faculty members or other employees who withdraw their accumulated contributions, on and after the date of withdrawal of contributions, shall no longer be members of the Washington state teachers' retirement system and shall forfeit all rights of membership, including pension benefits, theretofore acquired under the Washington state teachers' retirement system.
[
2015 c 225 s 28
;
2011 1st sp.s. c 47 s 6
;
1977 ex.s. c 169 s 19
;
1971 ex.s. c 261 s 5
.]
NOTES:
Intent
—
Effective dates
—
2011 1st sp.s. c 47:
See notes following RCW 28B.10.400
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
1971 ex.s. c 261:
See note following RCW 28B.10.400
.
RCW 28B.10.420
Annuities and retirement income plans
—
Retirement at age seventy
—
Reemployment, conditions when.
(1) Except as provided otherwise in subsection (2) of this section, faculty members or other employees designated by the boards of regents of the state universities, the boards of trustees of the regional universities or of The Evergreen State College, or the *state board for community college education pursuant to RCW 28B.10.400
through
28B.10.420
as now or hereafter amended shall be retired from their employment with their institutions of higher education not later than the end of the academic year next following their seventieth birthday.
(2) As provided in this subsection, the board of regents of a state university, the board of trustees of a regional university or The Evergreen State College, or the *state board for community college education may reemploy any person who is "retired" pursuant to subsection (1) of this section, who applies for reemployment and who has reached seventy years of age on or after July 1, 1970. The following provisions shall govern such reemployment:
(a) Prior to the reemployment, the board of regents, board of trustees, or state board shall have found that the person possesses outstanding qualifications which in the judgment of the board would permit the person to continue valuable service to the institution.
(b) The period of reemployment shall not be counted as service under, or result in any eligibility for benefits or increased benefits under, any state authorized or supported annuity or retirement income plan. Reemployment shall not result in the reemployed person or employer making any contributions to any such plan.
(c) No person may be reemployed on a full time basis if such person is receiving benefits under any state authorized or supported annuity or retirement income plan. The reemployment of any person on a full time basis shall be immediately terminated upon the person's obtaining of any such benefits.
(d) A person may be reemployed on a part time basis and receive or continue to receive any benefits for which such person is eligible under any state authorized or supported annuity or retirement income plan. Such part time work, however, shall not exceed forty percent of full time employment during any year.
(e) A person reemployed pursuant to this section shall comply with all conditions of reemployment and all rules providing for the administration of this subsection which are prescribed or adopted by the board of regents, or board of trustees, or by the *state board for community college education.
[
1979 c 14 s 1
. Prior:
1977 ex.s. c 276 s 1
;
1977 ex.s. c 169 s 20
;
1973 1st ex.s. c 149 s 5
;
1969 ex.s. c 223 s 28B.10.420
; prior:
1947 c 223 s 5
; Rem. Supp. 1947 s 4543-14a. Formerly RCW 28.76.280
.]
NOTES:
*Reviser's note:
The state board for community college education was renamed the state board for community and technical colleges by
1991 c 238 s 30
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Severability
—
Appropriation
—
Effective date
—
1973 1st ex.s. c 149:
See notes following RCW 28B.10.400
.
Retirement, earliest age allowable: RCW 28B.10.400
.
"State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined: RCW 28B.10.016
.
RCW 28B.10.423
Annuities and retirement income plans
—
Limit on retirement income
—
Adjustment of rates
—
Limitation of state funding
—
Actuarial valuation of supplemental benefit plans.
(1) For employees who are first employed by an institution of higher education in a position eligible for participation in an old age annuities or retirement income plan under this chapter prior to July 1, 2011, it is the intent of RCW 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, and
28B.10.420
and this section that the retirement income resulting from the contributions described herein from the state of Washington and the employee shall be projected actuarially so that it shall not exceed sixty percent of the average of the highest two consecutive years salary. Periodic review of the retirement systems established pursuant to RCW 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, and
28B.10.420
and this section will be undertaken at such time and in such manner as determined by the committees on ways and means of the senate and of the house of representatives, the select committee on pension policy, and the pension funding council, and joint contribution rates will be adjusted if necessary to accomplish this intent.
(2) Beginning July 1, 2011, state funding for annuity or retirement income plans under RCW 28B.10.400
shall not exceed six percent of salary. The state board for community and technical colleges and the student achievement council are exempt from the provisions of this subsection (2).
(3) By June 30, 2013, and every two years thereafter, each institution of higher education that is responsible for payment of supplemental amounts under RCW 28B.10.400
(1)(c) shall contract with the state actuary under chapter
41.44
RCW for an actuarial valuation of their supplemental benefit plan. By June 30, 2013, and at least once every six years thereafter, each institution shall also contract with the state actuary under chapter
41.44
RCW for an actuarial experience study of the mortality, service, compensation, and other experience of the annuity or retirement income plans created in this chapter, and into the financial condition of each system. At the discretion of the state actuary, the valuation or experience study may be performed by the state actuary or by an outside actuarial firm under contract to the office of the state actuary. Each institution of higher education is required to provide the data and information required for the performance of the valuation or experience study to the office of the state actuary or to the actuary performing the study on behalf of the state actuary. The state actuary may charge each institution for the actual cost of the valuation or experience study through an interagency agreement. Upon completion of the valuation or experience study, the state actuary shall provide copies of the study to the institution of higher education and to the select committee on pension policy and the pension funding council.
(4)(a) From January 1, 2012, through June 30, 2013, an employer contribution rate of one-quarter of one percent of salary is established to begin prefunding the unfunded future obligations of the supplemental benefit established in RCW 28B.10.400
.
(b) Beginning July 1, 2013, an employer contribution rate of one-half of one percent of salary is established to prefund the unfunded future obligations of the supplemental benefit established in RCW 28B.10.400
.
(c)(i) Beginning July 1, 2020, the employer contribution rates for each state institution of higher education are as follows:
University of Washington: 0.38 percent
Washington State University: 0.30 percent
Western Washington University: 0.21 percent
Eastern Washington University: 0.28 percent
Central Washington University: 0.28 percent
The Evergreen State College: 0.23 percent
State board for community and technical colleges: 0.13 percent
(ii) The contribution rates established in this section may be changed by rates adopted by the pension funding council beginning July 1, 2021, consistent with (e) of this subsection.
(iii) The rates in this subsection (4) are subject to the limit established in subsection (2) of this section.
(d) Consistent with chapter
41.50
RCW, the department of retirement systems shall collect the employer contribution rates established in this section from each state institution of higher education, and deposit those contributions into the higher education retirement plan supplemental benefit fund under RCW 41.50.075
(6). The contributions made by each employer into the higher education retirement plan supplemental benefit fund and the earnings on those contributions shall be accounted for separately within the fund.
(e) Following the completion and review of the actuarial valuations and experience study conducted pursuant to subsection (3) of this section, the pension funding council may, by July 31, 2020, and every two years thereafter, adopt and make changes to the employer contribution rates established in this subsection consistent with the procedures established in chapter
41.45
RCW. If the actuarial valuations of the higher education retirement plans of each institution contributing to the higher education retirement plan supplemental benefit fund suggest that different contribution rates are appropriate for each institution, different rates may be adopted. Rates adopted by the pension funding council are subject to revision by the legislature.
(f)(i) The rates adopted by the pension funding council must be designed to keep the cost of the higher education retirement plan supplemental benefits at a more level percentage of pay than a pay-as-you-go method. This more level percentage of pay of costs means a combination of the cost of supplemental benefits paid by the institution directly, plus the cost of contributions to the higher education retirement plan supplemental benefit fund. Contributions shall continue until the projected value of the funds equals the projected cost of future benefits for the institution.
(ii) Funds are anticipated to be accumulated in the higher education retirement plan supplemental benefit fund, and not expended on benefits until approximately the year 2035.
(iii) The pension funding council, in consultation with the state actuary, may choose and occasionally revise, a funding method designed to achieve these objectives.
[
2020 c 103 s 2
;
2012 c 229 s 516
;
2011 1st sp.s. c 47 s 7
;
1973 1st ex.s. c 149 s 8
.]
NOTES:
Findings
—
Intent
—
2020 c 103:
"(1) The legislature finds that:
(a) Chapter 47, Laws of 2011 1st sp. sess. (Engrossed Substitute House Bill No. 1981) established a framework to allow the state's institutions of higher education to begin funding the unfunded portion of the defined benefit component of the higher education retirement plans.
(b) Moneys in the fund are being invested in short-term assets with low rates of return because there is no stated or clear pathway for when these funds will be used to pay benefits and that a stated strategy would allow these funds to be invested at a higher rate of return.
(c) The first actuarial analysis of the plans was completed in 2016, which provided information about projected future costs and potential institution specific rates that would allow benefits to be paid from the fund beginning in 2035.
(2) Therefore, the legislature intends the following:
(a) To establish institution specific contribution rates for each institutions of higher education supplemental benefit plan;
(b) The pension funding council will adjust the institution specific rates periodically based on updated experience and actuarial analyses to maintain progress towards funding the actuarial liabilities of each institution and to allow payment from the funds by 2035;
(c) Future contribution rates represent the cost of paying on a combined prefunded and pay-as-you-go basis in a way that reduces the year-to-year changes in cost that the higher education retirement plan supplemental benefit has under current law;
(d) The department of retirement systems assumes responsibility for administering the higher education retirement plan supplemental benefit fund when sufficient assets have been accumulated, as determined by the pension funding council;
(e) When sufficient funding has been accumulated to begin making benefit payments that the payments be made solely from that institution's portion of the higher education retirement plan supplemental benefit fund;
(f) That moneys in the fund be invested in a way to maximize returns." [
2020 c 103 s 1
.]
Effective date
—
2020 c 103:
"This act takes effect July 1, 2020." [
2020 c 103 s 8
.]
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Intent
—
Effective dates
—
2011 1st sp.s. c 47:
See notes following RCW 28B.10.400
.
Severability
—
Appropriation
—
Effective date
—
1973 1st ex.s. c 149:
See notes following RCW 28B.10.400
.
RCW 28B.10.425
Additional pension for certain retired university faculty members or employees.
Retired faculty members or employees of the University of Washington or Washington State University, who have reached age sixty-five or are disabled from further service as of June 10, 1971, who at the time of retirement or disability were not eligible for federal old age, survivors, or disability benefit payments (social security), and who are receiving retirement income on July 1, 1970 pursuant to RCW 28B.10.400, shall, upon application approved by the board of regents of the institution retired from, receive an additional pension of three dollars per month for each year of full time service at such institution, including military leave. For periods of service that are less than full time service, the monthly rate of the pension shall be prorated accordingly to include such periods of service.
[
1971 ex.s. c 76 s 1
.]
RCW 28B.10.430
Annuities and retirement income plans
—
Minimum monthly benefit
—
Computation.
(1) This section applies only to those persons who are first employed by an institution of higher education in a position eligible for participation in an old age annuities or retirement income plan under this chapter prior to July 1, 2011.
(2) For any person receiving a monthly benefit pursuant to a program established under RCW 28B.10.400, the pension portion of such benefit shall be the sum of the following amounts:
(a) One-half of the monthly benefit payable under such program by a life insurance company; and
(b) The monthly equivalent of the supplemental benefit described in RCW 28B.10.400
(1)(c).
(3) Notwithstanding any provision of law to the contrary, effective July 1, 1979, no person receiving a monthly benefit pursuant to RCW 28B.10.400
shall receive, as the pension portion of that benefit, less than ten dollars per month for each year of service creditable to the person whose service is the basis of the benefit. Portions of a year shall be treated as fractions of a year and the decimal equivalent shall be multiplied by ten dollars. Where the benefit was adjusted at the time benefit payments to the beneficiary commenced, the minimum pension provided in this section shall be adjusted in a manner consistent with that adjustment.
(4) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the monthly benefit of each person who commenced receiving a monthly benefit under this chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. Such adjustment shall be calculated as follows:
(a) Monthly benefits to which this subsection and subsection (3) of this section are both applicable shall be determined by first applying subsection (3) of this section and then applying this subsection. The institution shall determine the total years of creditable service and the total dollar benefit base accrued as of December 31, 1978, except that this determination shall take into account only those persons to whom this subsection applies;
(b) The institution shall multiply the total benefits determined in (a) of this subsection by six percent and divide the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then be a post-retirement increase factor which shall be applied as specified in (c) of this subsection;
(c) Each person to whom this subsection applies shall receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of creditable service.
[
2011 1st sp.s. c 47 s 8
;
1979 ex.s. c 96 s 5
.]
NOTES:
Intent
—
Effective dates
—
2011 1st sp.s. c 47:
See notes following RCW 28B.10.400
.
RCW 28B.10.431
Annuities and retirement income plans
—
Monthly benefit
—
Post-retirement adjustment
—
Computation.
Notwithstanding any provision of law to the contrary, effective July 1, 1983, the monthly benefit of each person who either is receiving a benefit pursuant to a program established under RCW 28B.10.400
for their service as of July 1, 1978, or commenced receiving a monthly benefit as a surviving spouse or written designated beneficiary with an insurable interest in the retiree as of a date no later than December 31, 1982, shall be permanently increased by a post-retirement adjustment of $.74 per month for each year of creditable service the faculty member or employee established with the annuity or retirement income plan. Any fraction of a year of service shall be counted in the computation of the post-retirement adjustment.
[
1983 1st ex.s. c 56 s 2
.]
NOTES:
Effective date
—
1983 1st ex.s. c 56:
See note following RCW 2.12.046
.
RCW 28B.10.480
Tax deferred annuities for employees.
The regents or trustees of any of the state's institutions of higher education are authorized to provide and pay for tax deferred annuities for their respective employees in lieu of a portion of salary or wages as authorized under the provisions of 26 U.S.C., section 403(b), as amended by Public Law 87-370, 75 Stat. 796 as now or hereafter amended.
[
1969 ex.s. c 223 s 28B.10.480
. Prior: 1965 c 54 s 1, part. Formerly RCW 28.02.120, part.]
RCW 28B.10.485
Charitable gift annuities, issuance of by universities and The Evergreen State College
—
Scope.
The boards of the state universities, regional universities, and the state college are authorized to issue charitable gift annuities paying a fixed dollar amount to individual annuitants for their lifetimes in exchange for the gift of assets to the respective institution in a single transaction. The boards shall invest one hundred percent of the charitable gift annuity assets in a reserve for the lifetimes of the respective annuitants to meet liabilities that result from the gift program.
[
1979 c 130 s 1
.]
NOTES:
Severability
—
1979 c 130:
"If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1979 c 130 s 15
.]
Charitable gift annuity business: Chapter
48.38
RCW.
Title
48
RCW not to apply to charitable gift annuities issued by university or state college: RCW 48.23.010
.
RCW 28B.10.487
Charitable gift annuities, issuance of by universities and The Evergreen State College
—
Obligation as to annuity payments.
The obligation to make annuity payments to individuals under charitable gift annuity agreements issued by the board of a state university, regional university, or of the state college pursuant to RCW 28B.10.485
shall be secured by and limited to the assets given in exchange for the annuity and reserves established by the board. Such agreements shall not constitute:
(1) An obligation, either general or special, of the state; or
(2) A general obligation of a state university, regional university, or of the state college or of the board.
[
1979 c 130 s 5
.]
NOTES:
Severability
—
1979 c 130:
See note following RCW 28B.10.485
.
RCW 28B.10.500
Removal of regents or trustees from universities and The Evergreen State College.
No regent of the state universities, or trustee of the regional universities or of The Evergreen State College shall be removed during the term of office for which appointed, excepting only for misconduct or malfeasance in office, and then only in the manner hereinafter provided. Before any regent or trustee may be removed for such misconduct or malfeasance, a petition for removal, stating the nature of the misconduct or malfeasance of such regent or trustee with reasonable particularity, shall be signed and verified by the governor and served upon such regent or trustee. Said petition, together with proof of service of same upon such regent or trustee, shall forthwith be filed with the clerk of the supreme court. The chief justice of the supreme court shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the board by the tribunal shall disqualify such member for reappointment.
[
1977 ex.s. c 169 s 21
;
1969 ex.s. c 223 s 28B.10.500
. Prior:
1943 c 59 s 1
; Rem. Supp. 1943 s 4603-1. Formerly RCW 28.76.290
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.510
Attorney general as advisor.
The attorney general of the state shall be the legal advisor to the presidents and the boards of regents and trustees of the institutions of higher education and he or she shall institute and prosecute or defend all suits in behalf of the same.
[
2011 c 336 s 710
;
1973 c 62 s 3
;
1969 ex.s. c 223 s 28B.10.510
. Prior: 1909 c 97 p 242 s 8; RRS s 4560; prior:
1897 c 118 s 189
;
1890 p 399 s 19
. Formerly RCW 28.77.125
; 28.76.300.]
NOTES:
Savings
—
1973 c 62:
"Nothing in this 1973 amendatory act shall be construed to affect any existing right acquired under the statutes amended or repealed herein or the term of office or election or appointment or employment of any person elected, appointed or employed under the statutes amended or repealed herein." [
1973 c 62 s 26
.]
Severability
—
1973 c 62:
"If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1973 c 62 s 28
.]
Attorney general's powers in general: Chapter
43.10
RCW.
Employment of attorneys by state agencies restricted: RCW 43.10.067
.
RCW 28B.10.520
Regents and trustees
—
Oaths.
Each member of a board of regents or board of trustees of a university or other state institution of higher education, before entering upon his or her duties, shall take and subscribe an oath to discharge faithfully and honestly his or her duties and to perform strictly and impartially the same to the best of his or her ability, such oath to be filed with the secretary of state.
[
2011 c 336 s 711
;
1977 ex.s. c 169 s 22
;
1969 ex.s. c 223 s 28B.10.520
. Prior: 1909 c 97 p 248 s 13; RRS s 4593; prior:
1897 c 118 s 202
;
1891 c 145 s 14
. Formerly RCW 28.80.140
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.525
Regents and trustees
—
Travel expenses.
Each member of a board of regents or board of trustees of a university or other state institution of higher education, shall be entitled to receive travel expenses in accordance with RCW 43.03.050
and
43.03.060
as now existing or hereafter amended for each day or portion thereof in which he or she is actually engaged in business of the board.
[
1979 c 14 s 2
. Prior:
1977 ex.s. c 169 s 23
;
1977 ex.s. c 118 s 1
; 1975-'76 2nd ex.s. c 34 s 72;
1969 ex.s. c 223 s 28B.10.525
; prior: (i) 1939 c 176 s 1, part; 1927 c 227 s 1, part; 1909 c 97 p 240 s 5, part; RRS s 4557, part. Formerly RCW 28.77.130, part. (ii) 1909 c 97 p 249 s 14; RRS s 4594; prior:
1897 c 118 s 203
;
1891 c 145 s 15
. Formerly RCW 28.80.150
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Effective date
—
Severability
—
1975-'76 2nd ex.s. c 34:
See notes following RCW 2.08.115
.
RCW 28B.10.528
Delegation of powers and duties by governing boards.
The governing boards of institutions of higher education shall have power, when exercised by resolution, to delegate to the president or his or her designee, of their respective university or college, any of the powers and duties vested in or imposed upon such governing board by law. Delegated powers and duties may be exercised in the name of the respective governing boards.
[
2011 c 336 s 712
;
1971 ex.s. c 57 s 21
.]
RCW 28B.10.550
Police forces for universities and The Evergreen State College
—
Authorized.
The boards of regents of the state universities, and the boards of trustees of the regional universities or of The Evergreen State College, acting independently and each on behalf of its own institution:
(1) May each establish a police force for its own institution, which force shall function under such conditions and regulations as the board prescribes; and
(2) May supply appropriate badges and uniforms indicating the positions and authority of the members of such police force.
[
1977 ex.s. c 169 s 24
;
1969 ex.s. c 223 s 28B.10.550
. Prior:
1965 ex.s. c 16 s 1
;
1949 c 123 s 1
; Rem. Supp. 1949 s 4543-16. Formerly RCW 28.76.310
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.555
Police forces for universities and The Evergreen State College
—
Powers.
The members of a police force established under authority of RCW 28B.10.550, when appointed and duly sworn:
(1) Shall be peace officers of the state and have such police powers as are vested in sheriffs and peace officers generally under the laws of this state; and
(2) May exercise such powers upon state lands devoted mainly to the educational or research activities of the institution to which they were appointed; and
(3) Shall have power to pursue and arrest beyond the limits of such state lands, if necessary, all or any violators of the rules or regulations herein provided for.
[
1969 ex.s. c 223 s 28B.10.555
. Prior:
1965 ex.s. c 16 s 2
;
1949 c 123 s 2
; Rem. Supp. 1949 s 4543-17. Formerly RCW 28.76.320
.]
RCW 28B.10.560
Police forces for universities and The Evergreen State College
—
Establishment of traffic regulations
—
Adjudication of parking infractions
—
Appeal.
(1) The boards of regents of the state universities, and the boards of trustees of the regional universities and of The Evergreen State College, acting independently and each on behalf of its own institution, may each:
(a) Establish and promulgate rules and regulations governing pedestrian traffic and vehicular traffic and parking upon lands and facilities of the university or college;
(b) Adjudicate matters involving parking infractions internally; and
(c) Collect and retain any penalties so imposed.
(2) If the rules or regulations promulgated under subsection (1) of this section provide for internal adjudication of parking infractions, a person charged with a parking infraction who deems himself or herself aggrieved by the final decision in an internal adjudication may, within ten days after written notice of the final decision, appeal by filing a written notice thereof with the college or university police force. Documents relating to the appeal shall immediately be forwarded to the district court in the county in which the offense was committed, which court shall have jurisdiction over such offense and such appeal shall be heard de novo.
[
1983 c 221 s 1
;
1977 ex.s. c 169 s 25
;
1969 ex.s. c 223 s 28B.10.560
. Prior:
1965 ex.s. c 16 s 3
;
1949 c 123 s 3
; Rem. Supp. 1949 s 4543-18. Formerly RCW 28.76.330
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.567
Police forces for universities and The Evergreen State College
—
Benefits for duty-related death, disability or injury.
The boards of regents of the state universities and board of trustees of the regional universities and the board of trustees of The Evergreen State College are authorized and empowered, under such rules and regulations as any such board may prescribe for the duly sworn police officers employed by any such board as members of a police force established pursuant to RCW 28B.10.550, to provide for the payment of death or disability benefits or medical expense reimbursement for death, disability, or injury of any such duly sworn police officer who, in the line of duty, loses his or her life or becomes disabled or is injured, and for the payment of such benefits to be made to any such duly sworn police officer or his or her surviving spouse or the legal guardian of his or her child or children, as defined in RCW 41.26.030
(6), or his or her estate: PROVIDED, That the duty-related benefits authorized by this section shall in no event be greater than the benefits authorized on June 25, 1976, for duty-related death, disability, or injury of a law enforcement officer under chapter
41.26
RCW: PROVIDED FURTHER, That the duty-related benefits authorized by this section shall be reduced to the extent of any amounts received or eligible to be received on account of the duty-related death, disability, or injury to any such duly sworn police officer, his or her surviving spouse, the legal guardian of his or her child or children, or his or her estate, under workers' compensation, social security including the changes incorporated under Public Law 89-97 as now or hereafter amended, or disability income insurance and health care plans under chapter
41.05
RCW.
[
2011 c 336 s 713
;
1987 c 185 s 2
;
1977 ex.s. c 169 s 26
; 1975-'76 2nd ex.s. c 81 s 1.]
NOTES:
Intent
—
Severability
—
1987 c 185:
See notes following RCW 51.12.130
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.10.570
Interfering by force or violence with any administrator, faculty member or student unlawful
—
Penalty.
(1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, faculty member, or student of any university, college, or community or technical college who is in the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross misdemeanor and shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months, or both such fine and imprisonment.
[
2015 c 55 s 203
;
2003 c 53 s 171
;
1971 c 45 s 1
;
1970 ex.s. c 98 s 1
. Formerly RCW 28.76.600
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Severability
—
1971 c 45:
"If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not affected." [
1971 c 45 s 8
.]
Severability
—
1970 ex.s. c 98:
"If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this act, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this act so adjudged to be invalid or unconstitutional." [
1970 ex.s. c 98 s 5
.]
Disturbing school, school activities or meetings
—
Penalty
—
Disposition of fines: RCW 28A.635.030
.
RCW 28B.10.571
Intimidating any administrator, faculty member, or student by threat of force or violence unlawful
—
Penalty.
(1) It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty member, or student of any university, college, or community or technical college who is in the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross misdemeanor and shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months, or both such fine and imprisonment.
[
2015 c 55 s 204
;
2003 c 53 s 172
;
1971 c 45 s 2
;
1970 ex.s. c 98 s 2
. Formerly RCW 28.76.601
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Severability
—
1971 c 45:
See note following RCW 28B.10.570
.
Severability
—
1970 ex.s. c 98:
See note following RCW 28B.10.570
.
RCW 28B.10.572
Certain unlawful acts
—
Disciplinary authority exception.
The crimes defined in RCW 28B.10.570
and
28B.10.571
shall not apply to school administrators or teachers who are engaged in the reasonable exercise of their disciplinary authority.
[
2003 c 53 s 173
;
1970 ex.s. c 98 s 3
. Formerly RCW 28.76.602
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Severability
—
1970 ex.s. c 98:
See note following RCW 28B.10.570
.
RCW 28B.10.575
Student housing
—
Liquor prohibited, areas
—
Complaints regarding liquor and illegal drug use
—
Policies, procedures, sanctions.
(1) Each public institution of higher education shall notify all students applying for college or university-owned student housing of the availability of housing in an area in which all liquor use is prohibited.
(2) Each public institution of higher education, upon request, shall provide students access to student housing on a residence hall floor, designated area, or in a building where liquor use is prohibited.
(3) Each public institution shall have in place, and distribute to students in college or university-owned student housing, a process for reporting violations and complaints of liquor and illegal drug use.
(4) Each public institution shall have in place, distribute to students, and vigorously enforce policies and procedures for investigating complaints regarding liquor and illegal drug use in college or university-owned student housing, including the sanctions that may be applied for violations of the institution's liquor and illegal drug use policies.
(5) Students who violate the institution's liquor and illegal drug use policies are subject to disciplinary action. Sanctions that may be applied for violations of the institution's liquor or illegal drug use policies include warnings, restitution for property damage, probation, expulsion from college or university-owned housing, and suspension from the institution.
(6) As used in this section:
(a) "Liquor" has the meaning in RCW 66.04.010
; and
(b) "Illegal drug use" refers to the unlawful use of controlled substances under chapter
69.50
RCW or legend drugs under chapter
69.41
RCW.
[
1996 c 17 s 2
.]
NOTES:
Policy
—
1996 c 17:
"The state makes a substantial investment of finances and resources in students who are attending state institutions of higher education. In exchange, students are expected to actively pursue their education and contribute to an academic environment that is conducive to learning. Students who abuse liquor and drugs, however, are unable to make full use of this educational opportunity. More important, students who abuse liquor and drugs create an environment that interferes with the ability of other students to pursue their education. This is especially true in university-owned student housing where liquor and drug abuse contribute to noise, vandalism, theft, and violence. While the universities and colleges may not be able to stop all liquor and drug abuse among student populations, the very least they can do is ensure that the vast majority of students without drug or liquor problems are provided with a living environment that is safe and conducive to the pursuit of higher education." [
1996 c 17 s 1
.]
RCW 28B.10.577
Opioid overdose reversal medication
—
Administration
—
Training
—
Assistance with grants and donations.
(1) For the purposes of this section:
(a) "Opioid overdose reversal medication" has the meaning provided in RCW 69.41.095
; and
(b) "Opioid-related overdose" has the meaning provided in RCW 69.41.095
.
(2) By the beginning of the 2019-20 academic year, a public institution of higher education with a residence hall housing at least one hundred students must develop a plan: (a) For the maintenance and administration of opioid overdose reversal medication in and around the residence hall; and (b) for the training of designated personnel to administer opioid overdose reversal medication to respond to symptoms of an opioid-related overdose. The training may utilize free online training resources including, but not limited to, the free online training resources identified as appropriate for public schools in RCW 28A.210.395
. The plan may identify: The ratio of residents to opioid overdose reversal medication doses; the designated trained personnel, who may include residence hall advisers; and whether the designated trained personnel covers more than one residence hall.
(3) The state board for community and technical colleges shall assist an individual community or technical college with applying for grants or donations to obtain opioid overdose reversal medication at no cost or at a discount.
[
2019 c 314 s 43
.]
NOTES:
Declaration
—
2019 c 314:
See note following RCW 18.22.810
.
RCW 28B.10.578
Opioid and fentanyl prevention education
—
Medication through standing order.
(1) Each public and private institution of higher education shall provide opioid and fentanyl prevention education and awareness information to all students. Education may be offered in person or electronically and must include information on the "good samaritan" statute in RCW 69.50.315
. This education must be posted on each institution's public website for students, parents, and legal guardians to view.
(2) Naloxone and fentanyl strips must be made available to students on campus in various accessible locations such as student wellness centers, student union buildings, and student housing.
(3) Institutions of higher education must provide staff working in residence halls education and training on administering naloxone.
(4) For the purpose of assisting a person at risk of experiencing an opioid-related overdose, an institution of higher education may obtain and maintain opioid overdose reversal medication through a standing order prescribed and dispensed in accordance with RCW 69.41.095
.
(5) For the purposes of this section, "institutions of higher education" has the same meaning as defined in RCW 28B.92.030
.
[
2024 c 211 s 1
.]
RCW 28B.10.580
Term papers, theses, dissertations, sale of prohibited
—
Legislative findings
—
Purpose.
(1) The legislature finds that commercial operations selling term papers, theses, and dissertations encourages academic dishonesty, and in so doing impairs the public confidence in the credibility of institutions of higher education whether in this state or any other to function within their prime mission, that of providing a quality education to the citizens of this or any other state.
(2) The legislature further finds that this problem, beyond the ability of these institutions to control effectively, is a matter of state concern, while at the same time recognizing the need for and the existence of legitimate research functions.
It is the declared intent of RCW 28B.10.580
through
28B.10.584, therefore, that the state of Washington prohibit the preparation for sale or commercial sale of term papers, theses and dissertations: PROVIDED, That such legislation shall not affect legitimate and proper research activities: PROVIDED FURTHER, That such legislation does not impinge on the rights, under the First Amendment, of freedom of speech, of the press, and of distributing information.
[
1981 c 23 s 1
;
1979 c 43 s 1
.]
NOTES:
Severability
—
1981 c 23:
"If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1981 c 23 s 3
.]
Severability
—
1979 c 43:
"If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [
1979 c 43 s 4
.]
RCW 28B.10.582
Term papers, theses, dissertations, sale of prohibited
—
Definitions.
Unless the context clearly indicates otherwise, the words used in RCW 28B.10.580
through
28B.10.584
shall have the meaning given in this section:
(1) "Person" means any individual, partnership, corporation, or association.
(2) "Assignment" means any specific written, recorded, pictorial, artistic, or other academic task, including but not limited to term papers, theses, dissertations, essays, and reports, that is intended for submission to any postsecondary institution in fulfillment of the requirements of a degree, diploma, certificate, or course of study at any such educational institution.
(3) "Prepare" means to create, write, or in any way produce in whole or substantial part a term paper, thesis, dissertation, essay, report, or other assignment for a monetary fee.
(4) "Postsecondary institution" means any university, college, or other postsecondary educational institution.
[
1981 c 23 s 2
;
1979 c 43 s 2
.]
NOTES:
Severability
—
1981 c 23:
See note following RCW 28B.10.580
.
Severability
—
1979 c 43:
See note following RCW 28B.10.580
.
RCW 28B.10.584
Term papers, theses, dissertations, sale of prohibited
—
Violations enumerated
—
Exempted acts
—
Civil penalties
—
Injunctive relief.
(1) No person shall prepare, offer to prepare, cause to be prepared, sell, or offer for sale to any other person, including any student enrolled in a postsecondary institution, any assignment knowing, or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under a student's name in fulfillment of the requirements for a degree, diploma, certificate, or course of study at any postsecondary institution.
(2) No person shall sell or offer for sale to any student enrolled in a postsecondary institution any assistance in the preparation, research or writing of an assignment knowing or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under said student's name to such educational institution in fulfillment of the requirements for a degree, diploma, certificate, or course of study.
(3) Nothing contained in this section shall prevent any person from providing tutorial assistance, research material, information, or other assistance to persons enrolled in a postsecondary institution which is not intended for submission in whole or in substantial part as an assignment under the student's name to such institution. Nor shall any person be prevented by this section from rendering services for a monetary fee which includes typing, assembling, transcription, reproduction, or editing of a manuscript or other assignment: PROVIDED, That such services are not rendered with the intent of making substantive changes in a manuscript or other assignment.
(4) Any person violating any provision of RCW 28B.10.580, 28B.10.582
or
28B.10.584
shall be subject to civil penalties of not more than one thousand dollars for each violation. Any court of competent jurisdiction is hereby authorized to grant such further relief as is necessary to enforce the provisions of this section, including the issuance of an injunction.
(5) Any person against whom a judgment has been entered pursuant to subsection (4) of this section, shall upon any subsequent violation of RCW 28B.10.580, 28B.10.582
or
28B.10.584
be subject to civil penalties not to exceed ten thousand dollars. Any court of competent jurisdiction is hereby authorized to grant such further relief as is necessary to enforce the provisions of this section, including the issuance of an injunction.
(6) Actions for injunction under the provisions of this section may be brought in the name of the state of Washington upon the complaint of the attorney general or any prosecuting attorney in the name of the state of Washington.
[
1979 c 43 s 3
.]
NOTES:
Severability
—
1979 c 43:
See note following RCW 28B.10.580
.
RCW 28B.10.590
Course materials
—
Cost savings
—
Online course descriptions.
(1) The boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, and the boards of trustees of each community and technical college district, in collaboration with affiliated bookstores and student and faculty representatives, shall adopt rules requiring that:
(a) Affiliated bookstores:
(i) Provide students the option of purchasing materials that are unbundled when possible, disclose to faculty and staff the costs to students of purchasing materials, and disclose publicly how new editions vary from previous editions;
(ii) Actively promote and publicize book buy-back programs;
(iii) Disclose retail costs for course materials on a per course basis to faculty and staff and make this information publicly available; and
(iv) Disclose information to students on required course materials including but not limited to title, authors, edition, price, and International Standard Book Number (ISBN) at least four weeks before the start of the class for which the materials are required. The chief academic officer may waive the disclosure requirement provided in this subsection (1)(a)(iv), on a case-by-case basis, if students may reasonably expect that nearly all information regarding course materials is available four weeks before the start of the class for which the materials are required. The requirement provided in this subsection (1)(a)(iv) does not apply if the faculty member using the course materials is hired four weeks or less before the start of class; and
(b) Faculty and staff members consider the least costly practices in assigning course materials, such as adopting the least expensive edition available, adopting free, open textbooks when available, and working with college librarians to put together collections of free online web and library resources, when educational content is comparable as determined by the faculty.
(2) The state universities, the regional universities, and The Evergreen State College shall each designate in their online course descriptions used by students for registration purposes whether a course uses open educational resources or low-cost required instructional materials. If a course's required textbooks and course materials are not determined prior to registration due to an unassigned faculty member, the textbooks' and course materials' low-cost or open educational resource designation must be provided as soon as feasible after a faculty member is assigned.
(3) As used in this section:
(a) "Materials" means any supplies or texts required or recommended by faculty or staff for a given course.
(b) "Bundled" means a group of objects joined together by packaging or required to be purchased as an indivisible unit.
(c) "Low-cost" means the entire course's required instructional materials equal $50 or less in 2021 dollars. The institutions of higher education shall adjust the dollar value of low-cost course materials at least once every five years to reflect the percentage change in the consumer price index over the preceding five years.
[
2021 c 152 s 1
;
2009 c 241 s 1
;
2007 c 457 s 1
;
2006 c 81 s 2
.]
NOTES:
Findings
—
Intent
—
2006 c 81:
"The legislature finds that:
(1) Often the bundling of texts, workbooks, CD-ROMs, and other course related materials is unnecessary since many students do not use all of the materials included and may realize cost savings if materials are also offered independently one from the other; and
(2) Many faculty and staff select materials uninformed of the retail costs and differences between versions.
It is the intent of the legislature to give students more choices for purchasing educational materials and to encourage faculty and staff to work closely with bookstores and publishers to implement the least costly option without sacrificing educational content and to provide maximum cost savings to students." [
2006 c 81 s 1
.]
RCW 28B.10.592
College textbook information
—
Publishers' duties.
(1) Each publisher of college textbooks shall make immediately available to faculty of institutions of higher education:
(a) The price at which the publisher would make the products available to the store run by or in a contractual relationship with the institution of higher education that would offer the products to students; and
(b) The history of revisions for the products, if any.
(2) For the purposes of this section:
(a) "Immediately available" means with any marketing materials presented to a member of the faculty.
(b) "Products" means all versions of a textbook or set of textbooks, except custom textbooks or special editions of textbooks, available in the subject area for which a faculty member is teaching a course, including supplemental items, both when sold together or separately from a textbook.
[
2007 c 186 s 1
.]
RCW 28B.10.600
District schools may be used for teacher training by universities and The Evergreen State College
—
Authority.
The boards of regents of the state universities are each authorized to enter into agreements with the board of directors of any school district in this state whereby one or more of the public schools operated by such district may be used by the university for the purpose of training students at said university as teachers, supervisors, principals, or superintendents. The boards of trustees of the regional universities and of The Evergreen State College are authorized to enter into similar agreements for the purpose of training students at their institutions as teachers, supervisors, or principals.
[
1977 ex.s. c 169 s 27
;
1969 ex.s. c 223 s 28B.10.600
. Prior:
1949 c 182 s 1
; Rem. Supp. 1949 s 4543-40. Formerly RCW 28.76.350
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Regional university model schools and training departments: RCW 28B.35.300
through
28B.35.315
.
The Evergreen State College model schools and training departments: RCW 28B.40.300
through
28B.40.315
.
RCW 28B.10.605
District schools may be used for teacher training by universities and The Evergreen State College
—
Agreement for financing, organization, etc.
The financing and the method of organization and administration of such a training program operated by agreement between a state university board of regents or a regional university board of trustees or The Evergreen State College board of trustees, and the board of directors of any school district, shall be determined by agreement between them.
[
1977 ex.s. c 169 s 28
;
1969 ex.s. c 223 s 28B.10.605
. Prior:
1949 c 182 s 2
; Rem. Supp. 1949 s 4543-41. Formerly RCW 28.76.360
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.