AN ACT Relating to vocational education; amending RCW 28C.04.020, 28C.04.030, 28C.04.040, 28C.04.050, 28C.04.060, 28C.04.150, 28C.04.200, 28C.04.410, 28C.04.420, 28C.04.430, 28C.04.440, 28C.04.460, 28C.04.470, 28C.04.530, 28C.04.535, 28C.04.540, 28C.04.550, 28B.05.030, 28B.05.050, and 28B.05.130; adding new sections to chapter 28C.04 RCW; creating a new section; repealing RCW 28C.04.080, 28C.04.230, 28C.04.300, 28C.04.310, 28C.04.500, 28C.04.510, 43.131.287, and 43.131.288; and providing an effective date.

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

Sec. 1. Section 2, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.020 are each amended to read as follows:

As used in this chapter the following definitions shall apply:

(1) "Commission" shall mean the commission for vocational education.

(2) "Secondary education system" shall mean those educational courses and programs, within the jurisdiction of the superintendent of public instruction, being offered in the common schools of the state of Washington in the grades 7 through 12, or any part thereof, which are traditionally provided for the purpose of granting a recognized certificate of completion or a high school diploma: PROVIDED, That notwithstanding the provisions of this chapter and RCW 28B.50.140(1), existing vocational-technical institutes operating within the secondary school system shall continue to function within the common school system.

(3) "Postsecondary education system" shall mean those educational courses and programs, not within the jurisdiction of the superintendent of public instruction, being offered beyond secondary education by institutions of higher education in the state of Washington to those who hold a certificate of completion or high school diploma which includes academic, vocational, technical or professional training traditionally leading to an associate, baccalaureate or higher degree or a certificate of achievement.

(4) "Vocational education" shall mean a planned series of learning experiences, the specific objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations, homemaking, and home and family life programs, ((~~and volunteer fire fighting training,~~)) which are not designated as professional or requiring a baccalaureate or higher degree.

(5) "State plan" shall mean the Washington state plan for vocational education, adopted as required by Public Law 88-210 as ((~~amended~~)) added to by Public Law 98-524, and other federal congressional and administrative directives pertaining to vocational education, and shall be the single comprehensive plan which provides approval standards for vocational education operated in or by community colleges, common schools, area nongraded vocational-technical institutes, occupational skill centers, state institutions, private proprietary and parochial schools, on-the-job training facilities or any other training location where local, state or federal vocational funds are allocated: PROVIDED, That standards of, rules and regulations for, and supervision of indentured apprenticeship in the apprenticeable crafts shall continue to be governed by the director of labor and industries and the state apprenticeship council in accordance with chapter 49.04 RCW.

(6) "Vocational-technical institute" shall mean a specialized area nongraded vocational education facility established and operated for the purpose of offering comprehensive courses primarily oriented to the job market area in vocational education for persons sixteen years of age and older without regard to residence, pursuant to laws and rules and regulations pertaining to the maintenance, operation, and capital funding of vocational-technical institutes: PROVIDED, That service areas for common school vocational-technical institutes shall be defined specifically by the commission, recognizing areas traditionally served.

(7) ((~~"Advisory council"~~)) "State council" means the ((~~advisory~~)) state council ((~~for~~)) on vocational education established within this state pursuant to 20 USCA ((~~1244B~~)) 2322.

(8) "Joint policy council" means the council established under section 8 of this 1986 act for the purpose of helping the superintendent of pubic instruction and the state board for community college education develop vocational education related policy and perform administrative functions.

Sec. 2. Section 3, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.030 are each amended to read as follows:

There is hereby established a commission for vocational education comprised of ((~~seven~~)) the members of the state board of education under RCW 28A.04.010, each of ((~~which~~)) whom shall be a voting member. ((The chairman shall be a citizen member chosen by a majority of its members pursuant to its bylaws. Five citizen members shall be appointed by the governor and confirmed by the state senate. The superintendent of public instruction and the director of the state board for community college education shall serve as the remaining two members. In making citizen member appointments initially, and subsequently thereafter, the governor shall be cognizant of the desirability of appointing persons well versed regarding vocational and occupational needs of management, labor, and agriculture.

The initial citizen appointments shall be for periods of one, two, three, four, and five years. Thereafter such citizen members shall serve for terms of five years. No citizen member shall be eligible to serve who is also a member of a state or local educational agency, board, council or commission, or who is employed by a common school or institution of higher education.

~~Four~~)) Ten members shall constitute a quorum, and no action shall be taken by less than ((~~four~~)) an affirmative ((~~votes~~)) vote of a majority of the members present.

Sec. 3. Section 4, chapter 174, Laws of 1975 1st ex. sess. as last amended by section 89, chapter 370, Laws of 1985 and RCW 28C.04.040 are each amended to read as follows:

The commission for vocational education shall have the following functions:

(1) Plan development. The commission shall be responsible for complying with federal directives to insure the development and maintenance of a state plan for vocational education but initial planning and drafting of such state plans shall be accomplished by the secondary and postsecondary education systems with the advice and approval of the joint policy council. Prior to the adoption of the state plan, the commission shall request comments from the higher education coordinating board and the ((~~advisory~~)) state council ((~~for~~)) on vocational education.

(2) State plan modification adjudication. Decisions on new programs and/or facilities for vocational education shall be made internally within the respective secondary or postsecondary education system in accordance with the provisions of the state plan. The commission may review such decisions to insure compliance with the state plan and avoid unnecessary duplication of current or projected programs.

Any common school or community college district, or the superintendent of public instruction, or the state board for community college education, or other interested parties as authorized by the commission, shall be afforded the opportunity to comment upon any new programs or facilities proposed. ((~~The commission, subject to dispute resolution rules adopted by said commission,~~)) An arbitration panel composed of the governor, the superintendent of public instruction, and the executive director of the state board for community college education shall have the final determination on any disputes arising out of such program proposals.

In adjudicating disputes between the two secondary and postsecondary education systems regarding the state plan, the ((~~commission~~)) arbitration panel will use at least the following criteria: Recognition that secondary education is constitutionally the responsibility of the superintendent of public instruction and that by legislative action postsecondary education is the responsibility of institutions of higher education; adhere to the general policy set forth in the state plan; consider the particular vocational need of the community, region, or state and whether the common school or community college, or both, can best respond to those needs; encourage cooperation and coordination rather than competition and program conflict between secondary and postsecondary education systems; consider the desires and preferences of the residents of the immediate program service area and of the representatives of the fields of management, labor, and agriculture which benefit from possible program offerings; and avoid unnecessary duplication of vocational education programs and facilities.

(3) Vocational education administration. The commission shall be the sole agency for the receipt and allocation of federal funds in accordance with the state plan. The supervision of the state plan shall be carried out by the commission((~~; however, daily administration of the state plan shall be primarily the responsibility of~~)) to the minimum extent required by federal law. The commission shall delegate all other administrative, operational, and supervisory functions to the superintendent of public instruction and the state board for community college education((: PROVIDED, That the commission shall review and approve state plan development proposals or special programs requiring personal service contracts, and activities beyond the program responsibilities of the superintendent of public instruction and the state board for community college education)) to the full extent permitted by federal law. The superintendent of public instruction and the state board for community college education shall contract for the joint funding or performance of their respective functions or both pursuant to this chapter to the end of promoting efficiency as well as cooperation between the two agencies.

Under the state plan the commission shall make periodic compliance audits at least once a biennium of the vocational education programs individually and jointly conducted by the common schools and community colleges to insure compliance with the state plan.

The commission shall be the primary state liaison with the federal government for the state plan for vocational education.

(4) ((~~Fire service training program.~~)) The commission may accept any and all donations, grants, bequests, and devices, conditional or otherwise, or money, property, service, or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm, or corporation, public and private, to be held, used, or applied for the purposes of ((~~the fire service training program established in RCW 28C.04.140~~)) this chapter.

((~~(5) Job skills program. The commission shall have the following powers and duties for the job skills program:~~

(a) To collect and disseminate to interested individuals, in cooperation with and through any agencies of federal, state, and municipal government, information concerning areas of present and projected employment need, programs of skills training and education consistent therewith, and any other relevant information;

(b) To apply for, utilize, and accept grants from other federal, state, and local agencies for the purposes of matching requirements and to facilitate the purposes of RCW 28C.04.420 through 28C.04.480;

(c) To help identify, upon the request of business and industry, those educational institutions which could provide the training services sought by business and industry and to identify any existing programs which could serve the particular needs of business and industry;

~~(d) To provide job skills grants to educational institutions to facilitate the development of programs of job skills training and education consistent with employment needs;~~

~~(e) To work cooperatively with the employment security department to enhance and update the state's occupational information system and the state's career information system;~~

~~(f) To adopt rules to carry out its powers and duties for the job skills program.~~))

Sec. 4. Section 5, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.050 are each amended to read as follows:

In addition to powers and duties under RCW 28C.04.040, the commission shall make periodic reports to the governor and the legislature. ((The initial report shall be submitted, with the governor's comments, to the 1977 legislature by December 1, 1976 and shall include, but not be limited to, review of and recommendations on the following: (1) Vocational education program modification, including common informational data systems; (2) reorganization of the administration of vocational education; (3) an appropriate level of expenditure for the state administration of vocational education programs; (4) appropriate charges for vocational and adult education programs in the secondary and postsecondary education systems; and (5) provisions for personnel standards for vocational education instructors.)) Such recommendations, to the greatest extent possible, shall comply with the intent of this chapter and be consistent with federal requirements.

Sec. 5. Section 6, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.060 are each amended to read as follows:

The commission is authorized to promulgate such rules and regulations as are necessary to comply with the intent of this chapter in accordance with chapter 34.04 RCW, the administrative procedure act, and adopt such bylaws as deemed necessary to the business of the commission. Existing rules and regulations of any state agency relating to vocational education should be considered amended in accordance with the intent of this chapter. Initial rules and regulations of the commission, prior to their effective date, shall be submitted to the respective rules committees of the senate and house for review concurrently at such time as notice of intent to adopt is filed. The commission is further authorized to take whatever action is necessary to insure compliance with federal vocational education enactments and state legislative and administrative directives concerning vocational education. The commission is also authorized to delegate by commission resolution to ((~~the executive director those functions~~)) one or more staff members assigned by the superintendent of public instruction or the state board for community college education to perform functions in behalf of the commission as it deems necessary to the operation of the commission.

The commission shall meet, consult and cooperate with the office of the state superintendent of public instruction on all matters falling within his constitutional supervisory powers in advance of exercising any of the powers or duties granted to the commission by this chapter.

Sec. 6. Section 7, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.150 are each amended to read as follows:

Common school districts and community college districts shall cooperate in offering vocational education programs, particularly when establishing specialized facility support for such programs. Such cooperation shall also extend to noncredit vocational courses in common school community education programs and community college community service programs as the same are authorized in RCW 28A.58.247 and 28B.50.020.

Except as provided for by the rules and regulations of the commission, (1) common school vocational-technical institutes shall not offer new or expanded vocational programs outside their traditional service areas; (2) community colleges shall not offer new or expanded vocational programs outside their college districts. Common school vocational-technical institutes and community colleges desiring to offer new or expanded programs outside their respective service areas or community college districts shall provide reasonable notice, as determined by the commission, to the common school and community college districts affected thereby.

If such joint cooperation cannot be attained at the local level the superintendent of public instruction and the state board for community college education shall attempt to resolve the matter. Matters unresolved shall be referred to the ((~~commission for adjudication~~)) arbitration panel under RCW 28C.04.040(2).

Sec. 7. Section 28A.09.070, chapter 223, Laws of 1969 ex. sess. and RCW 28C.04.200 are each amended to read as follows:

The state of Washington hereby accepts all the provisions and benefits of an act passed by the senate and house of representatives of the United States of America in congress assembled, entitled "An act to provide for the promotion of vocational education, to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure", approved February 23, 1917; and of an act of congress entitled "An act to provide for the further development of vocational education in the several states and territories", approved June 8, 1936, and the Vocational Education Act of 1946 and supplemental vocational education acts including but not limited to Public Law 88-210 as added to by Public Law 98-524.

NEW SECTION. Sec. 8. A new section is added to chapter 28C.04 RCW to read as follows:

(1) A joint policy council is hereby created.

(a) The council shall consist of seven members, as follows:

(i) One member representing local nonpublic vocational education training agencies who shall be appointed jointly by the superintendent of public instruction and the executive director of the state board for community college education;

(ii) Two members representing labor who shall be appointed jointly by the superintendent of public instruction and the executive director of the state board for community college education, subject to confirmation by the senate, from names submitted by one or more labor organizations including not less than three names for each position submitted by an organization, state-wide in scope, which through its affiliates embraces a cross-section and a majority of the organized labor of the state;

(iii) Two members representing business who shall be appointed jointly by the superintendent of public instruction and the executive director of the state board for community college education, subject to confirmation by the senate, from names submitted by one or more business organizations including not less than three names for each position submitted by a recognized state-wide organization of employers, representing the largest number of employers in this state;

(iv) A member of the state board of education appointed by that board; and

(v) A member of the state board for community college education appointed by that board.

(b) The term of office of each council member shall be for a period of three years, subject to the following exceptions:

(i) An appointment to fill any vacancy which occurs shall be for the balance of the unexpired term of office for the position;

(ii) A member appointed subject to confirmation by the senate shall cease to hold office if his or her appointment is rejected by a vote of the senate.

(c) The initial terms of the members appointed under (a) (i) through (iii) of this subsection shall be staggered as determined jointly by the superintendent of public instruction and the executive director of the state board for community college education.

(d) The term of office of initial council members shall be deemed to have commenced July 1, 1986, for the purpose of computing initial and subsequent terms of office.

(2) The council shall:

(a) Advise the superintendent of public instruction and the state board for community college education respecting vocational education matters in general;

(b) Perform the advisory and approval functions specified in this chapter respecting the state plan, job skills program grant awards, and Washington awards for vocational excellence; and

(c) Approve grants of federal job training partnership act funds administered by the superintendent of public instruction as designated by the governor.

(3) The term of office of each appointed council member shall be for a period of three years.

(4) The council shall meet no less than four times each fiscal year at the joint call of the superintendent of public instruction and the executive director of the state board for community college education. Council members shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 for attendance at such meetings. The cost of such compensation and expenses shall be borne in equal shares by the superintendent of public instruction and the state board for community college education.

NEW SECTION. Sec. 9. A new section is added to chapter 28C.04 RCW to read as follows:

(1) The state council on vocational education is created. As used in this chapter "state council" means the state council on vocational education. The state council shall consist of thirteen members appointed by the governor. The members of the state council shall be broadly representative of citizens and groups within the state having an interest in vocational education. Its composition shall be as follows:

(a) Seven members shall be representative of the private sector in the state. Five of the seven members shall be representative of business, industry, and agriculture including one member who is representative of small business concerns, and one member who is a private sector member of the state job training coordinating council established pursuant to section 122 of the Job Training Partnership Act (29 USCA 1532); and, two of the seven members shall be representative of labor organizations.

(b) Six members shall be representative of secondary and postsecondary vocational institutions and also represent career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations (including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities), and special education.

(2) Due consideration shall be given to the appointment of individuals who serve on a private industry council under the Job Training Partnership Act, or on state councils established under other related federal acts.

(3) Members of the state council shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(4) This section is intended to recognize the requirements of Public Law 98-524 respecting the composition of the state council, and to ratify the administrative recomposition of the state council that has already been effected in order to comply with such requirements. The terms of office of state council members shall continue to be for three years, and as currently staggered.

NEW SECTION. Sec. 10. A new section is added to chapter 28C.04 RCW to read as follows:

The state council on vocational education shall:

(1) Meet with the commission or its representatives during the planning year to advise on the development of the state plan;

(2) Advise the commission and make reports to the governor, the business community, and general public of the state, concerning policies the state should pursue to strengthen vocational education, with particular attention to programs for the handicapped, and initiatives and methods the private sector could undertake to assist in the modernization of vocational education programs;

(3) Analyze and report on the distribution of spending for vocational education in the state and on the availability of vocational education activities and services within the state;

(4) Furnish consultation to the commission on the establishment of evaluation criteria for vocational education programs within the state;

(5) Submit recommendations to the commission on the conduct of vocational education programs conducted in the state which emphasize the use of business concerns and labor organizations;

(6) Assess the distribution of federal financial assistance, particularly with the analysis of the distribution of financial assistance between secondary vocational education programs and postsecondary vocational education programs;

(7) Recommend procedures to the commission to ensure and enhance the participation of the public in the provision of vocational education at the local level within the state, particularly the participation of local employers and local labor organizations;

(8) Report to the commission on the extent to which the individuals described in section 20a(b) 920 USCS 2331(b) are provided with equal access to quality vocational education programs;

(9) Evaluate at least once every two years the vocational education program delivery systems assisted under Public Law 98-524 and under the Job Training Partnership Act in terms of their adequacy and effectiveness in achieving the purposes of each of the two acts;

(10) Make recommendations to the commission on the adequacy and effectiveness of the coordination that takes place between vocational education and the Job Training Partnership Act;

(11) Advise the governor, the commission, the state job training coordinating council, the secretary of education, and the secretary of labor of the findings and recommendations made pursuant to subsections (9) and (10) of this section; and

(12) Obtain the services of an executive director and confidential secretary to such director, both of whom shall be exempt from the provisions of chapter 41.06 RCW, and such professional, technical, and clerical personnel as may be deemed necessary to enable the state council to carry out its functions under this section and to contract for such services as may be necessary to enable the state council to carry out their evaluation functions.

NEW SECTION. Sec. 11. A new section is added to chapter 28C.04 RCW to read as follows:

The superintendent of public instruction shall employ and assign the personnel necessary to perform the nondelegable responsibilities and functions of the commission. To the maximum extent permitted by federal law, however, the nondelegable responsibilities and functions of the commission shall also be performed on behalf of the commission by vocational education staff members of the superintendent of public instruction and the state board for community college education.

NEW SECTION. Sec. 12. A new section is added to chapter 28C.04 RCW to read as follows:

The superintendent of public instruction may adopt rules pursuant to chapter 34.04 RCW authorizing school districts to conduct vocational education programs for elementary and secondary school students and authorizing the financial maintenance and program operations of the vocational technical institutes existing on the effective date of this act as components of the common school system.

NEW SECTION. Sec. 13. (1) The commission for vocational education created pursuant to chapter 174, Laws of 1975 1st ex. sess., referred to as the old commission in this section, is hereby abolished effective midnight June 30, 1986, and all reports, documents, surveys, books, records, files, papers, other public records, cabinets, furniture, office equipment, motor vehicles, and any other tangible property of any kind or form employed by said commission shall be transferred to the commission created pursuant to section 2 of this act, referred to in this section as the new commission, and in turn transferred by the new commission to the superintendent of public instruction and the state board for community college education on the basis of the respective roles of the two agencies under this chapter.

(2) Each person employed as of midnight June 30, 1986, by the old commission shall have the right to transfer without any loss of rights, subject to any action that may be appropriate thereafter in accordance with law, to such like or such vocational education related position of employment with the superintendent of public instruction and the state board for community college education as the office for financial management shall designate for each such employee in consultation with the superintendent of public instruction and the executive director of the state board for community college education. Nothing in providing for the transfer is intended to impair the existing contractual right or rights of any such employee, nor to provide any such employee any assurance of continued employment following such transfer of employment.

(3) All pending business before the old commission shall be continued and acted upon by the new commission or by the superintendent of public instruction or the state board for community college education or both in accordance with the provisions of this chapter and delegation by the new commission.

(4) All existing contracts and obligations of the old commission shall remain in full force and shall be performed by the new commission or by the superintendent of public instruction or the state board for community college education or both in accordance with the provisions of this chapter and delegation by the new commission.

(5) All permanent rules adopted in compliance with chapter 34.04 RCW by the old commission shall remain in effect as if adopted by the new commission, until such time as they are readopted, repealed, or amended by the new commission.

(6) Any appropriations made to the old commission shall, on the effective date of this act, be transferred and credited to the new commission.

(7) The transfer of the powers, duties, functions, and personnel of the old commission shall not affect the validity of any act performed prior to the effective date of this act.

NEW SECTION. Sec. 14. A new section is added to chapter 28C.04 RCW to read as follows:

The state board for community college education shall have the following powers and duties for the job skills program:

(1) To collect and disseminate to interested individuals, in cooperation with and through any agencies of federal, state, and local government, information concerning areas of present and projected employment need, programs of skills training and education consistent therewith, and any other relevant information;

(2) To apply for, utilize, and accept grants from other federal, state, and local agencies for the purposes of matching requirements and to facilitate the purposes of RCW 28C.04.420 through 28C.04.480;

(3) To help identify, upon the request of business and industry, those educational institutions which could provide the training services sought by business and industry and to identify any existing programs which could serve the particular needs of business and industry;

(4) To provide job skills grants to educational institutions to facilitate the development of programs of job skills training and education consistent with employment needs;

(5) To work cooperatively with the employment security department to enhance and update the state's occupational information system and the state's career information system;

(6) To adopt rules to carry out its powers and duties for the job skills program.

Sec. 15. Section 2, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.410 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW ((~~28C.04.040 and~~)) 28C.04.420 through 28C.04.480.

(1) "Applicant" means an educational institution which has made application for a job skills grant under RCW 28C.04.420 through 28C.04.480.

(2) "Business and industry" means a private corporation, institution, firm, person, group, or association concerned with commerce, trades, manufacturing, or the provision of services within the state, or a public or nonprofit hospital licensed by the department of social and health services.

(3) "Educational institution" means a public secondary or postsecondary institution or an independent institution within the state authorized by law to provide a program of skills training or education beyond the secondary school level. Any educational institution receiving a job skills grant under RCW 28C.04.420 through 28C.04.480 shall be free of sectarian control or influence as set forth in Article IX, section 4 of the state Constitution.

(4) "Equipment" means tangible personal property which will further the objectives of the supported program and for which a definite value and evidence in support of the value have been provided by the donor.

(5) "Financial support" means any thing of value which is contributed by business and industry to an educational institution which is reasonably calculated to support directly the development and expansion of a particular program under RCW 28C.04.420 through 28C.04.480 and represents an addition to any financial support previously or customarily provided to such educational institutions by the donor. "Financial support" includes, but is not limited to, funds, equipment, facilities, faculty, and scholarships for matriculating students and trainees.

(6) "Job skills grant" means funding that is provided to an educational institution by the ((~~commission~~)) state board for community college education for the development or significant expansion of a program under RCW 28C.04.420 through 28C.04.480.

(7) "Job skills program" means a program of skills training or education separate from and in addition to existing vocational education programs and which:

(a) Provides short-term training which has been designated for specific industries;

(b) Provides training for prospective employees before a new plant opens or when existing industry expands;

(c) Includes training and retraining for workers already employed by an existing industry or business where necessary to avoid dislocation or where upgrading of existing employees would create new vacancies for unemployed persons;

(d) Serves areas with high concentrations of economically disadvantaged persons and high unemployment;

(e) Serves areas with new and growing industries;

(f) Serves areas where there is a shortage of skilled labor to meet job demands; or

(g) Promotes the location of new industry in areas affected by economic dislocation.

(8) "Technical assistance" means professional and any other assistance provided by business and industry to an educational institution, which is reasonably calculated to support directly the development and expansion of a particular program and which represents an addition to any technical assistance previously or customarily provided to the educational institutions by the donor.

((~~(9) "Commission" or "commission for vocational education" shall mean the commission for vocational education or any successor agency or organization.~~))

Sec. 16. Section 4, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.420 are each amended to read as follows:

The ((~~commission~~)) state board for community college education may, subject to appropriation from the legislature or from funds made available from any other public or private source and pursuant to rules adopted by the ((~~commission~~)) state board for community college education, provide job skills grants to educational institutions. The job skills grants shall be used exclusively for programs which are consistent with the job skills program. A job skills grant may be awarded only after:

(1) Receipt of an application from an educational institution which contains a proposal for a program of skills training and education, including a description of the program, the type of skills training or education to be provided, a statement of the total cost of the program and a breakdown of the costs associated with equipment, personnel, facilities, and materials, a statement of the employment needs for the program and evidence in support thereof, demonstrates that the program does not unnecessarily duplicate existing programs in the area and is provided at a reasonable cost, a statement of the technical assistance and financial support for the program received or to be received from business and industry, and such other information as the ((~~commission~~)) state board for community college education requests; and

(2) The ((~~commission~~)) joint policy council, based on the application submitted by the educational institution and such additional investigation as the staff of the ((~~commission~~)) state board for community college education shall make, finds that:

(a) The program is within the scope of the job skills program under this chapter and may reasonably be expected to succeed and thereby increase employment within the state;

(b) Provision has been made to use any available alternative funding from local, state, and federal sources;

(d) The program will not unnecessarily duplicate existing programs and could not be provided by another educational institution more effectively or efficiently;

(e) The program involves an area of skills training and education for which there is a demonstrable need;

(f) The applicant has made provisions for the use of existing federal and state resources for student financial assistance;

(g) The job skills grant is essential to the success of the program as the resources of the applicant are inadequate to attract the technical assistance and financial support necessary for the program from business and industry;

(h) The commitment of financial support from business and industry shall be equal to or greater than the amount of the requested job skills grant;

(i) Binding commitments have been made to the ((~~commission~~)) state board of community college education by the applicant for adequate reporting of information and data regarding the program to the ((~~commission~~)) state board for community college education, particularly information concerning the recruitment and employment of trainees and students, and including a requirement for an annual or other periodic audit of the books of the applicant directly related to the program, and for such control on the part of the ((~~commission~~)) state board for community college education as it considers prudent over the management of the program, so as to protect the use of public funds, including, in the discretion of the ((~~commission~~)) state board for community college education and without limitation, right of access to financial and other records of the applicant directly related to the programs;

(j) Provision has been made by the applicant to work, in cooperation with the employment security department, to identify and screen potential trainees and that provision has been made by the applicant of persons who are victims of economic dislocation and persons from minority and economically disadvantaged groups to participate in the program; and

(k) Binding commitments have been made to the ((~~commission~~)) state board for community college education by the applicant for compliance with the monitoring and evaluation rules of the ((~~commission~~)) state board for community college education.

Sec. 17. Section 5, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.430 are each amended to read as follows:

Upon approval of a job skills grant application by the ((~~commission~~)) joint policy council, the ((~~commission~~)) state board for community college education shall immediately provide notification of ((~~its~~)) the decision to the employment security department. The notification shall include the following information regarding the supported program: The trade, occupation, or profession with which the program is concerned; a description of the curriculum, the requirements for participation, and the procedures for making application; the duration of the program; a description of support services available to participants in the program; and any other information relevant to encouraging and facilitating the participation in the program of those in economic need.

Sec. 18. Section 6, chapter 21, Laws of 1983 1st ex. sess. as amended by section 40, chapter 466, Laws of 1985 and RCW 28C.04.440 are each amended to read as follows:

The department of trade and economic development or its successor and the employment security department shall each enter into an interagency agreement with the ((~~commission on vocational~~)) state board for community college education to establish cooperative working arrangements for the purposes of RCW 28C.04.410 through 28C.04.480.

Sec. 19. Section 8, chapter 21, Laws of 1983 1st ex. sess. as amended by section 41, chapter 466, Laws of 1985 and RCW 28C.04.460 are each amended to read as follows:

The department of trade and economic development or its successor shall for the purposes of RCW 28C.04.410 through 28C.04.480:

(1) Work cooperatively with the ((~~commission on vocational~~)) state board for community college education to market the job skills program to business and economic development agencies and other firms;

(2) Recruit industries from outside the state to participate in the job skills training program; and

(3) Refer business and industry interested in developing a job skills training program to the ((~~commission on vocational~~)) state board for community college education.

Sec. 20. Section 9, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.470 are each amended to read as follows:

The ((~~commission~~)) state board for community college education shall annually submit a complete and detailed report of the ((~~commission's~~)) state board's activities within ninety days after the end of the fiscal year to the chief clerk of the house of representatives, to the secretary of the senate, and to the governor. The annual report shall include, but not be limited to, descriptions of all programs funded, and evaluation of the performance of each program, a summary of the public moneys expended, and the demographic and economic characteristics of the individuals trained, educated, and employed, including, in particular, the number of minority and economically disadvantaged individuals.

Sec. 21. Section 3, chapter 267, Laws of 1984 and RCW 28C.04.530 are each amended to read as follows:

(1) The ((~~commission for vocational education~~)) superintendent of public instruction and the state board for community college education shall have the joint responsibility for the development and administration of the Washington award for vocational excellence program. The ((~~commission~~)) two agencies shall develop the program in consultation with other state agencies and private organizations having interest and responsibility in vocational education((, including but not limited to: The state board for community college education, the office of the superintendent of public instruction, a voluntary professional association of vocational educators, and representatives from business, labor, and industry)).

(2) The ((~~commission~~)) two agencies shall establish ((~~a planning committee to develop~~)) the criteria for screening and selecting the students who will receive the award. This criteria shall include but not be limited to the following characteristics: Proficiency in their chosen fields, attendance, attitude, character, leadership, and civic contributions.

Sec. 22. Section 4, chapter 267, Laws of 1984 and RCW 28C.04.535 are each amended to read as follows:

The Washington award for vocational excellence shall be granted annually to students selected by the joint policy council. The ((~~commission~~)) superintendent of public instruction and the state board for community college education shall ((~~notify~~)) provide for notification to the students receiving the award, their vocational instructors, local chambers of commerce, the legislators of their respective districts, and the governor, after final selections have been made. The ((~~commission~~)) two agencies, in conjunction with the governor's office, shall prepare appropriate certificates to be presented to the selected students. Awards shall be presented in public ceremonies at times and places determined by the ((~~commission~~)) two agencies in cooperation with the office of the governor.

Sec. 23. Section 5, chapter 267, Laws of 1984 and RCW 28C.04.540 are each amended to read as follows:

The ((~~commission~~)) superintendent of public instruction and the state board for community college education may accept any and all donations, grants, bequests, and devices, conditional or otherwise, or money, property, service, or other things of value which may be received from any federal, state, or local agency, any institution, person, firm, or corporation, public and private, to be held, used, or applied for the purposes of the Washington award for vocational excellence program. The ((~~commission~~)) two agencies shall encourage maximum participation from business, labor, and community groups. The ((~~commission~~)) two agencies shall also coordinate, where feasible, the contribution activities of the various participants.

((~~The commission shall not make expenditures from funds collected under this section until February 15, 1985.~~))

Sec. 24. Section 8, chapter 267, Laws of 1984 and RCW 28C.04.550 are each amended to read as follows:

The Washington award for vocational excellence shall be effective commencing with the 1984-85 academic year. The ((commission for vocational education shall report on the program to the legislature and to the governor by January 15, 1985. The report shall include a description of the program, a copy of any rules implementing the program, a list of the participants, and the commission's recommendations for any additional statutory changes needed to improve the program.

~~Thereafter, the commission~~)) superintendent of public instruction and the state board for community college education shall report on the results and effectiveness of this award program to the legislature and the governor on or before January 15 of each odd-numbered year. The 1987 report shall include an evaluation of the effects of expanding the tuition and fee waiver period from one to two years.

Sec. 25. Section 3, chapter 188, Laws of 1979 ex. sess. as last amended by section 44, chapter 370, Laws of 1985 and RCW 28B.05.030 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter, unless the context clearly indicates to the contrary:

(1) "Educational institution" includes, but is not limited to, an academic, vocational, technical, home study, business, professional, or other school, institution, college, or university, or other organization or person not exempted under RCW 28B.05.040, offering educational credentials, instruction, or services primarily to persons who have completed or terminated their secondary education, or who are beyond the age of compulsory high school attendance, for attainment of educational, professional, or vocational objectives.

(2) "To operate", means to establish, keep, or maintain any facility or location in this state where, from, or through which education is offered or educational credentials are offered or granted, and includes contracting for the performance of any such act.

(3) "To offer" includes, in addition to its usual meanings, to advertise, or publicize. "To offer" shall also mean to solicit or encourage any person, directly or indirectly, to perform the act described.

(4) "To grant" includes to award, issue, sell, confer, bestow, or give.

(5) "Education" or "educational services" includes but is not limited to, any class, course, or program of training, instruction, or study.

(6) "Chief administrative officer" means the person designated by the institution under RCW 28B.05.070.

(7) "Agent" means a person owning an interest in, employed by, or representing for remuneration an educational institution within or without this state, who enrolls or personally attempts to secure the enrollment in such school of a resident of this state, offers to award educational credentials for remuneration on behalf of any such school, or holds himself or herself out to residents of this state as representing an educational institution for any such purpose.

(8) "Educational credentials" means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers, or words which signify or appear to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for any educational program.

(9) "Entity" includes but is not limited to a person, company, firm, society, association, partnership, corporation, and trust.

(10) "Degree granting institution" shall mean an educational institution, which offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree or certificate beyond the secondary level.

(11) "Private vocational school" shall mean an educational institution, the objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations which are not designated as professional or requiring a baccalaureate or higher degree.

(12) "Private nonvocational school" shall mean any educational institution that is not a "degree granting institution" or a "private vocational school."

(13) "Dual purpose institution" shall mean any educational institution which satisfies the definitions of both (a) "degree-granting institution" and (b) "private vocational school" or "private nonvocational school." Either the higher education coordinating board or the ((~~commission for vocational education~~)) superintendent of public instruction may be selected by the "dual purpose institution" for purposes of complying with the requirements of RCW 28B.05.080, 28B.05.090, 28B.05.100 and 28B.05.110.

(14) "Agency" shall mean the higher education coordinating board in the case of degree granting institutions and the ((~~commission for vocational education~~)) office of the superintendent of public instruction in the case of private vocational schools and private nonvocational schools.

Sec. 26. Section 5, chapter 188, Laws of 1979 ex. sess. as amended by section 45, chapter 370, Laws of 1985 and RCW 28B.05.050 are each amended to read as follows:

The ((~~commission for vocational education~~)) office of the superintendent of public instruction with respect to private vocational schools, the higher education coordinating board with respect to degree granting institutions, shall:

(1) Establish more detailed criteria to implement the standards set forth in RCW 28B.05.060;

(2) Maintain a list of educational institutions registered in this state under this chapter, which list shall separately identify dual purpose institutions and be available to the public; upon the registration of a "dual purpose institution" insure that such registration is communicated to the ((~~council for postsecondary education and the commission for vocational education~~)) higher education coordinating board and the superintendent of public instruction;

(3) Adopt reasonable rules and regulations in accordance with chapter 34.04 RCW, the administrative procedure act, for enforcing and carrying out the provisions and purposes of this chapter;

(4) Investigate on its own initiative or in response to any complaint filed with it, any person, group, or entity subject to, or reasonably believed by the agency to be subject to, the jurisdiction of this chapter; and in connection therewith, to administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records which the agency deems relevant or material to such investigation;

(5) Coordinate the policies and rules developed under subsections (1) and (3) of this section so as to develop where possible consistent procedures and standards applicable to degree-granting institutions, private vocational school, and dual purpose institutions.

Sec. 27. Section 13, chapter 188, Laws of 1979 ex. sess. as last amended by section 46, chapter 370, Laws of 1985 and RCW 28B.05.130 are each amended to read as follows:

The ((~~executive director or executive coordinator of the agency~~)) superintendent of public instruction's designee or the director of the higher education coordinating board may suspend or modify any of the registration or other requirements contained in this chapter in a particular case if the ((~~executive director or executive coordinator~~)) superintendent of public instruction's designee or the director of the higher education coordinating board finds (1) that such suspension or modification will not frustrate the purposes of this chapter and (2) that the educational services to be offered address a substantial, demonstrated need among residents of the state of Washington or that literal application of this chapter works a manifestly unreasonable hardship on the educational institution: PROVIDED, That the chief administrative officer of the institution, after hearing, shall be entitled to appeal the decision of the ((~~executive director or executive coordinator~~)) superintendent of public instruction's designee or the director of the higher education coordinating board to the ((~~commission for vocational~~)) state board of education or the higher education coordinating board.

NEW SECTION. Sec. 28. The following acts or parts of acts are each repealed:

(1) Section 10, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.080;

(2) Section 28B.50.240, chapter 223, Laws of 1969 ex. sess., section 24, chapter 261, Laws of 1969 ex. sess., section 1, chapter 285, Laws of 1971 ex. sess., section 41, chapter 3, Laws of 1983 and RCW 28C.04.230;

(3) Section 52, chapter 283, Laws of 1969 ex. sess., section 76, chapter 34, Laws of 1975-'76 2nd ex. sess., section 67, chapter 287, Laws of 1984 and RCW 28C.04.300;

(4) Section 53, chapter 283, Laws of 1969 ex. sess., section 16, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.310;

(5) Section 9, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.500;

(6) Section 12, chapter 174, Laws of 1975 1st ex. sess., section 1, chapter 86, Laws of 1975-'76 2nd ex. sess., section 23, chapter 151, Laws of 1979, section 90, chapter 370, Laws of 1985 and RCW 28C.04.510;

(7) Section 17, chapter 197, Laws of 1983 and RCW 43.131.287; and

(8) Section 43, chapter 197, Laws of 1983 and RCW 43.131.228.

NEW SECTION. Sec. 29. 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.

NEW SECTION. Sec. 30. This act shall take effect midnight June 30, 1986.