title: RCW 28B.77.240

text:
(1) The council may:
(a) Recognize and endorse online, competency-based education as an important component of Washington's higher education system;
(b) Work to eliminate unnecessary barriers to the delivery of online competency-based education by Western Governors University - Washington; and
(c) Work with Western Governors University - Washington, as appropriate, to integrate its academic programs and services into Washington higher education policy and strategy.
(2) The council shall work with Western Governors University - Washington to create data-sharing processes to assess the institution's performance and determine the extent to which it helps the state achieve the goals of the current ten-year plan for higher education.
(3) The council shall adopt rules and policies to implement this section and that require council consultation and approval before:
(a) Modifications of contractual terms or relationships between the state and the institution of higher education; or
(b) Changes or modifications in the nonprofit status of the institution of higher education.
[ 2012 c 229 s 118; 2011 c 146 s 2. Formerly RCW 28B.76.695.]
Notes:
Findings—Intent—2011 c 146: "The legislature finds that the key to Washington's economic prosperity over the past twenty years has been a thriving employment sector for workers who have high levels of education. The legislature finds that by 2018, sixty-seven percent of all jobs in Washington will require some postsecondary education - the fifth highest in the nation - and that between 2011 and 2018, the number of Washington jobs requiring postsecondary education will increase by two hundred fifty-nine thousand. The legislature finds that while Washington enterprises that rely on highly educated workers have been able to fill positions from within the state and by attracting workers from other states or nations, businesses located in states that fail to produce sufficient numbers of degreed workers will be at a competitive disadvantage, since these employers will incur the added expense of recruiting heavily in other states and countries to find their skilled workforce. Citizens of Washington will not have access to the jobs Washington firms are producing unless the state dramatically increases postsecondary educational opportunities for them. The legislature further finds that increasing the numbers of Washington graduates to meet the needs of the state's citizens and businesses demands innovative institutions and educational delivery systems.
The legislature intends to partner with Western Governors University, a regionally and nationally accredited nonprofit and independent university, to establish Western Governors University -Washington. Western Governors University would offer online, competency-based degrees and provide enhanced access to postsecondary education for all Washington students, including dislocated workers and placebound students. The legislature further intends that the institution be recognized as a Washington baccalaureate degree-granting institution that is self-supporting and does not receive state funding. It is the intent of the legislature that the higher education coordinating board, the state board for community and technical colleges, and the other institutions of higher education in Washington include the institution in policies and agreements regarding the efficient transfer of credits and courses between institutions." [ 2011 c 146 s 1.]

catchline: Western Governors University - Washington—Recognition and endorsement—Rules.


doc_type: statute

jurisdiction: wa

title: RCW 28B.77.250

text:
(1) To the extent funds are appropriated for this purpose, the council, with input from the office of the superintendent of public instruction; the department of children, youth, and families; the department of commerce office of homeless youth prevention and protection programs; and the department of social and health services, shall contract with at least one nongovernmental entity to develop, implement, and administer a program of supplemental educational transition planning for youth in foster care and unaccompanied youth experiencing homelessness in Washington state.
(2) The nongovernmental entity or entities chosen by the council shall have demonstrated success in working with foster care and unaccompanied homeless youth and assisting foster care and unaccompanied homeless youth in successfully making the transition from high school to a postsecondary plan, including postsecondary enrollment, career, or service.
(3) The selected nongovernmental entity or entities shall provide supplemental educational transition planning to foster care and unaccompanied homeless youth in Washington state. Youth eligible for referral are not currently served by programs under RCW 28A.300.592, dependent pursuant to chapter 13.34 RCW, age thirteen through twenty-one, and remain eligible for continuing service following fulfillment of the permanent plan and through initiation of a postsecondary plan. After high school completion, services are concluded within a time period specified in the contract to pursue engagement of continuing postsecondary support services provided by local education agencies, postsecondary education, community-based programs, or the passport to careers program. The nongovernmental entity or entities must facilitate the educational progress, graduation, and postsecondary plan initiation of eligible youth. The contract must be outcome driven with a stated goal of improving the graduation rates and postsecondary plan initiation of eligible youth by two percent per year over five school year periods starting with the 2016-17 school year and ending with the 2021-22 school year. With each new contract, a baseline must be established at the end of the first year of service provision.
(4) The supplemental transition planning shall include:
(a) Consultation with schools and the department of social and health services' caseworkers to develop educational plans for and with participating youth;
(b) Age-specific developmental and logistical tasks to be accomplished for high school and postsecondary success;
(c) Facilitating youth participation with appropriate school and local resources that may assist in educational access and success;
(d) Coordinating youth, caregivers, schools, and social workers to support youth progress in the educational system; and
(e) Establishing postsecondary plan initiation in coordination with the passport to careers program.
(5) The selected nongovernmental entity or entities may be colocated in the offices of the department of social and health services to provide timely consultation. These entities must have access to all paper and electronic education records and case information pertinent to the educational planning and services of youth referred and are subject to RCW 13.50.010 and 13.50.100.
(6) The contracted nongovernmental entity or entities must report outcomes to the council and the department of social and health services semiannually.
(7) For purposes of this section, "homeless" and "unaccompanied" have the same meanings as in RCW 28B.117.020.
[ 2018 c 232 s 6; 2016 c 71 s 5; 2011 1st sp.s. c 11 s 224; 2007 c 314 s 7. Formerly RCW 28B.117.060.]
Notes:
Recommendation—2018 c 232 ss 6 and 8: "The legislature strongly recommends that the entities selected in sections 6 and 8 of this act coordinate on technological models to keep the students they serve engaged." [ 2018 c 232 s 9.]
Short title—2018 c 232: See note following RCW 28B.117.010.
Intent—2016 c 71: See note following RCW 28A.300.590.
Effective date—2011 1st sp.s. c 11 ss 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Expiration date—2011 1st sp.s. c 11 ss 220-225: See note following RCW 28B.117.020.
Intent—2011 1st sp.s. c 11: See note following RCW 28B.76.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Program of supplemental educational transition planning—Contract with nongovernmental entity—Reports.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28B.77.270

text:
(1) The council's rules or other requirements for institutions to participate in state financial aid programs shall assure that contracts between postsecondary institutions participating in state financial aid programs, as defined in RCW 28B.10.287, and financial institutions or third-party servicers for the disbursement of student financial aid:
(a) Ensure that all state aid to students is available for the student's educational purposes with one hundred percent of the student's state financial aid available to the student without incurring any fees;
(b) Are in the "best financial interest of the students";
(c) Provide that the student's ability to access his or her disbursement is geographically convenient and practical for the student;
(d) Provide that the student is given a choice regarding the method by which the student receives his or her financial aid disbursement, for example, whether disbursed by direct deposit, check, or debit card, in accordance with federal regulations;
(e) Provide that the postsecondary institution has an effective process for reviewing complaints filed by students regarding student state financial aid disbursements, with appropriate notice to students; and
(f) Require that the postsecondary institution does not have a revenue-sharing agreement with the third-party servicer or financial institution.
(2) The council must compile a list of all postsecondary institutions that use third-party servicers or financial institutions for student financial aid disbursements and make the list available on the council's website.
[ 2018 c 13 s 3.]
Notes:
Finding—Intent—2018 c 13: See note following RCW 28B.10.287.

catchline: Postsecondary institution contracts with third parties to disburse financial aid.


title: RCW 28B.77.280

text:
(1) The council shall adopt a centralized online statewide calculator tool for the purposes of estimating federal Pell grant and Washington college grant awards for all public four-year institutions of higher education in Washington state.
(2) The tool must provide an estimate of state and federal aid based on student and family financial circumstances.
(3) The calculator tool must be published on a website managed by the council.
(4) The financial aid calculator must be for estimation purposes only and is not a guarantee of state aid. Neither this section nor the estimates provided by the financial aid calculator constitute an entitlement on the part of the state, and no institution, agency, or their agents or employees may be held liable for any estimates created through its usage.
(5) The financial aid calculator must be designed for anonymous use and may not be used to collect or share any data.
[ 2020 c 307 s 2.]
Notes:
Intent—Conflict with federal requirements—2020 c 307: See notes following RCW 28B.77.290.

catchline: Statewide financial aid calculator tool.


title: RCW 28B.77.285

text:
(1) The council shall ensure that a postsecondary institution participating in the state student financial aid program has a gift equity packaging policy allowing for a student who receives a private scholarship to receive up to 100 percent of the student's unmet need, as determined by the United States department of education's federal need analysis methodology, before any of the student's federal, state, or institutional financial aid is reduced under the institution's gift equity packaging policy.
(2) This section does not apply to public community and technical colleges.
[ 2022 c 138 s 2.]
Notes:
Intent—2022 c 138: "The legislature recognizes the importance of philanthropic entities that donate millions of dollars in private scholarships to students and that such entities are a key component in helping students attain their educational goals. The legislature seeks to encourage philanthropic giving of private scholarships and declares that such entities are more likely to donate money when they know their scholarships will genuinely help recipients meet their financial needs. Therefore, the legislature intends to incentivize the giving of scholarships by private entities by addressing scholarship displacement." [ 2022 c 138 s 1.]

catchline: Gift equity packaging policy.


title: RCW 28B.77.290

text:
(1) In collaboration with financial aid experts from public four-year and two-year institutions of higher education, as well as independent colleges in Washington state, the Washington student achievement council shall develop clear, consistent definitions for institutions of higher education to adopt regarding financial aid package award letters.
(2) By July 1, 2021, all public four-year and two-year institutions of higher education, as well as all independent colleges in Washington state, must adopt uniform terminology and a standardized template for financial aid award packages so that students may easily compare them.
[ 2020 c 307 s 3.]
Notes:
Intent—2020 c 307: "The legislature recognizes the increasing importance of postsecondary education as a tool for economic resilience and mobility, as well as the financial barriers many students in our state face in pursuing postsecondary education. In light of the 2019 expansion of the Washington college grant, it is also important to share information about new financial aid opportunities available to prospective postsecondary students. The legislature also acknowledges Washington's low completion rate of the free application for federal student aid in comparison with other states, as well as other states' successes in increasing these rates by expanding supports for students and their families. Research has shown that increased completion of student aid applications in other states has led to increases in high school graduation and college matriculation, especially for students in underrepresented groups. Given these facts, the legislature intends to undertake several actions to improve financial aid awareness and to increase coordination in this area among schools, districts, agencies, and institutions of higher education." [ 2020 c 307 s 1.]
Conflict with federal requirements—2020 c 307: "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." [ 2020 c 307 s 8.]

catchline: Financial aid package award letters—Consistent terminology.


title: RCW 28B.77.300

text:
Subject to availability of amounts appropriated for this specific purpose, the student achievement council shall conduct a statewide marketing campaign to increase awareness of the Washington college grant program established in chapter 28B.92 RCW. The student achievement council shall issue a request for proposal for hiring a marketing firm that will produce high quality advertisements to promote the state's largest financial aid program. Advertisements should be marketed towards potential postsecondary students and their parents with the goal of increasing awareness of the Washington college grant program to further the state's educational attainment goals. The advertisements may include television commercials, billboards, advertisements on public transit, paid internet search advertisements, and social media marketing.
[ 2022 c 214 s 2.]
Notes:
Intent—2022 c 214: "The legislature recognizes that, in 2020, Washington ranked 49th nationally for completion of the free application for federal student aid among high school seniors. The free application for federal student aid is the form that prospective and current postsecondary education students use to receive federal and state financial aid, such as the federal Pell grant, the Washington college grant, the college bound scholarship, the opportunity scholarship, federal student loans, and many other financial resources for college. For students who cannot file a free application for federal student aid, the state has an alternative financial aid application called the Washington application for state financial aid. The free application for federal student aid is a strong indicator for college enrollment. Ninety-two percent of high school seniors who completed the free application for federal student aid enrolled in a postsecondary institution by the November following graduation versus 51 percent of students who did not complete a free application for federal student aid. In addition, the legislature recognizes that the pandemic has exacerbated equity gaps in college access as colleges and universities are experiencing decreases in enrollments among low-income students, despite having one of the largest and most generous need-based financial aid programs in the country. The legislature recognizes that the Washington college grant program established in chapter 28B.92 RCW, which education trust called "the most equity-focused free college program in the country" is a critical tool to address these equity gaps and help students enter college and apprenticeships. Therefore, it is the legislature's intent to establish an outreach initiative for the Washington college grant and an outreach and completion initiative for the free application for federal student aid and Washington application for state financial aid to help students succeed." [ 2022 c 214 s 1.]

catchline: Washington college grant program—Statewide marketing campaign.


title: RCW 28B.77.310

text:
(1) The workforce education investment accountability and oversight board is established. The board consists of 18 members, as provided in this subsection:
(a) Four members of the legislature consisting of the chairs and ranking minority members of the respective higher education and workforce development committees of the senate and house of representatives, ex officio; and
(b) The following members appointed by the governor with the consent of the senate:
(i) Five members representing the businesses described in RCW 82.04.299 or subject to the tax rate under RCW 82.04.290(2)(a)(i);
(ii) Two members representing labor organizations, one of which must have expertise in registered apprenticeships and training a high-demand workforce and one of which must represent faculty at the four-year institutions of higher education;
(iii) Two members representing the institutions of higher education, as defined in RCW 28B.10.016, one of which must be from the four-year sector and one of which must be from the community and technical college sector;
(iv) Two members representing students, one of which must be a community and technical college student;
(v) One member representing the independent, not-for-profit higher education institutions;
(vi) One member representing the workforce training and education coordinating board created under RCW 28C.18.020; and
(vii) One member representing the student achievement council, established under this chapter.
(2) Except for ex officio and student members, board members shall hold their offices for a term of three years until their successors are appointed. Student board members shall hold one-year terms.
(3) The board shall have two cochairs. One cochair shall be one of the chairs of the respective higher education and workforce development committees of the legislature and the other cochair shall be one of the board members representing the businesses described in RCW 82.04.299 or subject to the tax rate under RCW 82.04.290(2)(a)(i). The cochairs shall hold the position for a one-year term. The board members shall elect the cochairs annually.
(4) Nine voting members of the board constitute a quorum for the transaction of business. The board shall meet four times a year.
(5) Staff support for the board shall be provided by the student achievement council established in this chapter.
(6) The purposes of the board are to:
(a) Provide guidance and recommendations to the legislature on what workforce education priorities should be funded with the workforce education investment account; and
(b) Ensure accountability that the workforce education investments funded with the workforce education investment account are producing the intended results and are effectively increasing student success and career readiness, such as by increasing retention, completion, and job placement rates.
(7) The board shall consult data from the education data center established under RCW 43.41.400 and the workforce training and education coordinating board established under this chapter when reviewing and determining whether workforce education investments funded from the workforce education investment account are effectively increasing student success and career readiness. The workforce training and education coordinating board shall maintain the workforce education investment accountability and oversight board data dashboard on a public-facing portal and work with the board to update and modify the data dashboard as new performance metrics are identified.
(8) The board shall report its recommendations to the appropriate committees of the legislature by August 1st of each year.
(9) For the purposes of this section, "board" means the workforce education investment accountability and oversight board established in this section.
[ 2023 c 282 s 1; 2020 c 2 s 1; 2019 c 406 s 3. Formerly RCW 28C.18.200.]
Notes:
Tax preference performance statement exemption—Automatic expiration date exemption—Effective dates—2020 c 2: See notes following RCW 82.04.290.
Findings—Intent—2019 c 406: See note following RCW 43.79.195.
Findings—Short title—2019 c 406: See notes following RCW 28B.92.200.
Findings—2019 c 406: See note following RCW 28B.94.020.
Findings—Intent—2019 c 406: See note following RCW 28C.30.050.
Findings—Intent—2019 c 406: See note following RCW 43.216.135.

catchline: Workforce education investment accountability and oversight board.


title: RCW 28B.77.320

text:
(1) Subject to availability of amounts appropriated for this specific purpose, the postsecondary wrestling grant program is created. The purpose of the postsecondary wrestling grant program is to provide funding to institutions of higher education to establish or maintain intercollegiate wrestling programs.
(2) The council shall administer the postsecondary wrestling grant program and award grants, based on a competitive grant process. The council shall establish minimum criteria for institutions of higher education to be awarded a grant.
(3) Grant funds may be allocated on a one-time or once every four-year basis dependent on the needs of the program and may be used for purposes including, but not limited to, support of one-time start-up costs, equipment, and student scholarships.
(4) For purposes of this section, "institutions of higher education" has the same meaning as in RCW 28B.10.016.
[ 2023 c 190 s 1.]
Notes:
Short title—2023 c 190: "This act may be known and cited as the Charles Cate II act." [ 2023 c 190 s 2.]

catchline: Postsecondary wrestling grant program.


title: RCW 28B.77.850

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, each public four-year institution of higher education and a public tribal college located in Washington and accredited by the northwest commission on colleges and universities or another accrediting association recognized by the United States department of education may implement a program to provide assistance to students experiencing homelessness and to students who were in the foster care system when they graduated high school. The program must provide certain accommodations to these students that may include, but are not limited to, the following:
(a) Access to laundry facilities;
(b) Access to storage;
(c) Access to locker room and shower facilities;
(d) Reduced-price meals or meal plans, and access to food banks;
(e) Access to technology;
(f) Access to short-term housing or housing assistance, especially during seasonal breaks; and
(g) Case management services.
(2) The four-year institutions of higher education and the tribal college may also establish plans to develop surplus property for affordable housing to accommodate the needs of students experiencing homelessness and students who were in the foster care system when they graduated high school.
(3) The four-year institutions of higher education and the tribal college participating in the program shall leverage existing community resources by making available to students in the program information that is available for individuals experiencing homelessness, including through not-for-profit organizations, the local housing authority, and the department of commerce's office of homeless youth.
(4) The four-year institutions of higher education and the tribal college participating in the program shall annually provide a joint report to the appropriate committees of the legislature in accordance with RCW 43.01.036 beginning December 1, 2023, that includes at least the following information:
(a) The number of students experiencing homelessness or food insecurity, and the number of students who were in the foster care system when they graduated high school who attended a four-year institution of higher education or a tribal college during the program. The council shall coordinate with all of the four-year institutions of higher education and the tribal college to collect voluntary data on how many students experiencing homelessness or food insecurity are attending the four-year institutions of higher education and the tribal college;
(b) The number of students assisted by the program;
(c) Strategies for accommodating students experiencing homelessness or food insecurity, and former foster care students; and
(d) Legislative recommendations for how students experiencing homelessness or food insecurity, and former foster care students could be better served.
(5) For purposes of this section, "program" means the students experiencing homelessness and foster youth program.
[ 2025 c 92 s 1; 2023 c 339 s 2; 2021 c 62 s 2; 2019 c 330 s 2.]

catchline: Students experiencing homelessness and foster youth program.


title: RCW 28B.77.900

text:
(1) All powers, duties, and functions of the higher education coordinating board are transferred to the student achievement council. All references to the executive director or the higher education coordinating board in the Revised Code of Washington shall be construed to mean the executive director or the student achievement council when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the higher education coordinating board pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the student achievement council. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education coordinating board in carrying out the powers, functions, and duties transferred shall be made available to the student achievement council. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the student achievement council.
(b) Any appropriations made to the higher education coordinating board for carrying out the powers, functions, and duties transferred shall, on June 7, 2012, be transferred and credited to the student achievement council.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the higher education coordinating board necessary to the assigned functions of the student achievement council are transferred to the jurisdiction of the student achievement council subject to review by the executive director of the student achievement council. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the student achievement council to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the higher education coordinating board pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the student achievement council. All existing contracts and obligations shall remain in full force and shall be performed by the student achievement council.
(5) The transfer of the powers, duties, and functions of the higher education coordinating board shall not affect the validity of any act performed before June 7, 2012.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified employees of the higher education coordinating board assigned to the student achievement council under this section whose positions are within an existing bargaining unit description at the student achievement council shall become a part of the existing bargaining unit at the student achievement council and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.
[ 2012 c 229 s 121.]

catchline: Transfer of powers, duties, and functions—2012 c 229.


title: RCW 28B.85.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Council" means the student achievement council.
(2) "Degree" means any designation, appellation, letters, or words including but not limited to "associate," "bachelor," "master," "doctor," or "fellow" which signify or purport to signify satisfactory completion of the requirements of an academic program of study beyond the secondary school level.
(3) "Degree-granting institution" means an entity that offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree beyond the secondary level.
[ 2012 c 229 s 542; 1986 c 136 s 1.]
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.

catchline: Definitions.


title: RCW 28B.85.020

text:
(1) The council:
(a) Shall adopt by rule, in accordance with chapter 34.05 RCW, minimum standards for degree-granting institutions concerning granting of degrees, quality of education, unfair business practices, financial stability, and other necessary measures to protect citizens of this state against substandard, fraudulent, or deceptive practices. The rules shall require that an institution operating in Washington:
(i) Be accredited;
(ii) Have applied for accreditation and such application is pending before the accrediting agency;
(iii) Have been granted a waiver by the council waiving the requirement of accreditation; or
(iv) Have been granted an exemption by the council from the requirements of this subsection (1)(a), provided that any such exemption shall not suspend, supersede, or reduce student consumer protections or the authority of the council to investigate and enforce provisions of this chapter;
(b) May investigate any entity the council reasonably believes to be subject to the jurisdiction of this chapter. In connection with the investigation, the council may 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 council deems relevant or material to the investigation. The council, including its staff and any other authorized persons, may conduct site inspections, the cost of which shall be borne by the institution, and examine records of all institutions subject to this chapter;
(c) Is responsible for maintaining and developing interstate reciprocity agreements with other state or multistate entities if the agreements are consistent with the purposes in this chapter as determined by the council, and provided that, beginning July 1, 2028, the agreements:
(i) Do not suspend, supersede, or reduce student consumer protections or the authority of the council to investigate and enforce provisions of this chapter;
(ii) Maintain the authority and capabilities of the council to investigate complaints of students who are residents of, or domiciled in, Washington in regard to compliance provisions of this chapter for distance, online, or other degree programs;
(iii) Do not reduce surety or bond requirements for institutions adopted by the council pursuant to this chapter; and
(iv) Ensure disclosure of any investigation, suspension, or provisional status relating to either financial instability, eligibility for participation in federal or state financial aid programs, or accreditation requirements to the council and students of the institutions, or prospective students, residing in Washington;
(d) May enter into agreements with degree-granting institutions of higher education based in this state, that are otherwise exempt under the provisions of (a) of this subsection, for the purpose of ensuring consistent consumer protection in interstate distance delivery of higher education;
(e) Shall develop an interagency agreement with the workforce training and education coordinating board to regulate degree-granting private vocational schools with respect to degree and nondegree programs; and
(f) Shall develop and disseminate information to the public about entities that sell or award degrees without requiring appropriate academic achievement at the postsecondary level, including but not limited to, a description of the substandard and potentially fraudulent practices of these entities, and advice about how the public can recognize and avoid the entities. To the extent feasible, the information shall include links to additional resources that may assist the public in identifying specific institutions offering substandard or fraudulent degree programs.
(2) Financial disclosures provided to the council by degree-granting private vocational schools are not subject to public disclosure under chapter 42.56 RCW to the extent that such records are exempt from disclosure by the federal government and are not relied on as part of federal or state determinations relating to (a) eligibility of students enrolled in the institution to receive federal or state financial aid; (b) the level of surety or bond required to be maintained by the institution; or (c) resolving any investigation relating to the ability of the institution to offer educational programs authorized by the council or workforce training and education coordinating board.
(3)(a) If the governing council of state authorization reciprocity agreements has not amended its bylaws and policies to provide student consumer protections equivalent to those established in chapter 82, Laws of 2025 by July 1, 2028, the student achievement council shall undertake a review of continuing participation in state authorization reciprocity agreements and may initiate alternative arrangements with individual states or groups of states. The student achievement council shall determine whether the governing council's bylaws and policies provide equivalent protections.
(b) By December 31, 2026, the student achievement council shall report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature on whether the governing council of state authorization reciprocity agreements has amended its bylaws and policies, or is likely to amend its bylaws and policies, by July 1, 2028.
(c) If the student achievement council determines that the bylaws and policies of state authorization reciprocity agreements do not provide for such equivalent student consumer protections, then the student achievement council shall establish a process for administering interstate reciprocity agreements for distance education outside of state authorization reciprocity agreements and for facilitating a smooth transition of the administration by July 1, 2028.
(4) For purposes of this section, "prospective student" includes any resident who has submitted an application, all or in part, for admission or acceptance to a program of an institution, and anyone who the institution is soliciting to enroll.
[ 2025 c 82 s 2; 2013 c 218 s 3; 2012 c 229 s 543; 2006 c 234 s 3; 2005 c 274 s 246; 2004 c 96 s 1; 1996 c 305 s 1; 1994 c 38 s 1; 1986 c 136 s 2.]
Notes:
Findings—2025 c 82: See note following RCW 28B.85.250.
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.
Severability—1996 c 305: "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." [ 1996 c 305 s 5.]
PDF
RCW 28B.85.020
Council's duties—Rule-making authority. (Effective December 1, 2026.)
(1) The council:
(a) Shall adopt by rule, in accordance with chapter 34.05 RCW, minimum standards for degree-granting institutions concerning granting of degrees, quality of education, unfair business practices, financial stability, and other necessary measures to protect citizens of this state against substandard, fraudulent, or deceptive practices. The rules shall require that an institution operating in Washington:
(i) Be accredited;
(ii) Have applied for accreditation and such application is pending before the accrediting agency;
(iii) Have been granted a waiver by the council waiving the requirement of accreditation; or
(iv) Have been granted an exemption by the council from the requirements of this subsection (1)(a), provided that any such exemption shall not suspend, supersede, or reduce student consumer protections or the authority of the council to investigate and enforce provisions of this chapter;
(b) Shall recognize accrediting agencies that maintain rigorous standards for institutional eligibility, including requirements related to institutional effectiveness, student learning, assessment, governance, academic independence, administrative and fiscal responsibility, and transparency;
(c) May investigate any entity the council reasonably believes to be subject to the jurisdiction of this chapter. In connection with the investigation, the council may 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 council deems relevant or material to the investigation. The council, including its staff and any other authorized persons, may conduct site inspections, the cost of which shall be borne by the institution, and examine records of all institutions subject to this chapter;
(d) Is responsible for maintaining and developing interstate reciprocity agreements with other state or multistate entities if the agreements are consistent with the purposes in this chapter as determined by the council, and provided that, beginning July 1, 2028, the agreements:
(i) Do not suspend, supersede, or reduce student consumer protections or the authority of the council to investigate and enforce provisions of this chapter;
(ii) Maintain the authority and capabilities of the council to investigate complaints of students who are residents of, or domiciled in, Washington in regard to compliance provisions of this chapter for distance, online, or other degree programs;
(iii) Do not reduce surety or bond requirements for institutions adopted by the council pursuant to this chapter; and
(iv) Ensure disclosure of any investigation, suspension, or provisional status relating to either financial instability, eligibility for participation in federal or state financial aid programs, or accreditation requirements to the council and students of the institutions, or prospective students, residing in Washington;
(e) May enter into agreements with degree-granting institutions of higher education based in this state, that are otherwise exempt under the provisions of (a) of this subsection, for the purpose of ensuring consistent consumer protection in interstate distance delivery of higher education;
(f) Shall develop an interagency agreement with the workforce training and education coordinating board to regulate degree-granting private vocational schools with respect to degree and nondegree programs; and
(g) Shall develop and disseminate information to the public about entities that sell or award degrees without requiring appropriate academic achievement at the postsecondary level, including but not limited to, a description of the substandard and potentially fraudulent practices of these entities, and advice about how the public can recognize and avoid the entities. To the extent feasible, the information shall include links to additional resources that may assist the public in identifying specific institutions offering substandard or fraudulent degree programs.
(2) Financial disclosures provided to the council by degree-granting private vocational schools are not subject to public disclosure under chapter 42.56 RCW to the extent that such records are exempt from disclosure by the federal government and are not relied on as part of federal or state determinations relating to (a) eligibility of students enrolled in the institution to receive federal or state financial aid; (b) the level of surety or bond required to be maintained by the institution; or (c) resolving any investigation relating to the ability of the institution to offer educational programs authorized by the council or workforce training and education coordinating board.
(3)(a) If the governing council of state authorization reciprocity agreements has not amended its bylaws and policies to provide student consumer protections equivalent to those established in chapter 82, Laws of 2025 by July 1, 2028, the student achievement council shall undertake a review of continuing participation in state authorization reciprocity agreements and may initiate alternative arrangements with individual states or groups of states. The student achievement council shall determine whether the governing council's bylaws and policies provide equivalent protections.
(b) By December 31, 2026, the student achievement council shall report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature on whether the governing council of state authorization reciprocity agreements has amended its bylaws and policies, or is likely to amend its bylaws and policies, by July 1, 2028.
(c) If the student achievement council determines that the bylaws and policies of state authorization reciprocity agreements do not provide for such equivalent student consumer protections, then the student achievement council shall establish a process for administering interstate reciprocity agreements for distance education outside of state authorization reciprocity agreements and for facilitating a smooth transition of the administration by July 1, 2028.
(4) For purposes of this section, "prospective student" includes any resident who has submitted an application, all or in part, for admission or acceptance to a program of an institution, and anyone who the institution is soliciting to enroll.
[ 2025 c 157 s 1; 2025 c 82 s 2; 2013 c 218 s 3; 2012 c 229 s 543; 2006 c 234 s 3; 2005 c 274 s 246; 2004 c 96 s 1; 1996 c 305 s 1; 1994 c 38 s 1; 1986 c 136 s 2.]
Notes:
Reviser's note: This section was amended by 2025 c 82 s 2 and by 2025 c 157 s 1, 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—2025 c 157 s 1: "Section 1 of this act takes effect December 1, 2026." [ 2025 c 157 s 3.]
Findings—2025 c 82: See note following RCW 28B.85.250.
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.
Severability—1996 c 305: "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." [ 1996 c 305 s 5.]

catchline: Council's duties—Rule-making authority. (Effective until December 1, 2026.)


title: RCW 28B.85.030

text:
(1) A degree-granting institution shall not operate and shall not grant or offer to grant any degree unless the institution has obtained current authorization from the council.
(2) Any person, group, or entity or any owner, officer, agent, or employee of such entity who willfully violates this section is guilty of a gross misdemeanor and shall be punished by a fine not to exceed one thousand dollars or by imprisonment in the county jail for a term not to exceed one year, or by both such fine and imprisonment. Each day on which a violation occurs constitutes a separate violation. The criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the attorney general of this state.
[ 2012 c 229 s 544; 2003 c 53 s 175; 1986 c 136 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.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Current authorization required to offer or grant degree—Penalty for violation.


title: RCW 28B.85.040

text:
(1) An institution or person shall not advertise, offer, sell, or award a degree or any other type of educational credential unless the student has enrolled in and successfully completed a prescribed program of study, as outlined in the institution's publications. This prohibition shall not apply to honorary credentials clearly designated as such on the front side of the diploma or certificate and awarded by institutions offering other educational credentials in compliance with state law.
(2) No exemption or waiver granted under this chapter is permanent. The council shall periodically review exempted degree-granting institutions and degree-granting institutions granted a waiver, and continue exemptions or waivers only if an institution meets the statutory or council requirements for exemption or waiver in effect on the date of the review.
(3) Except as provided in subsection (1) of this section, this chapter shall not apply to:
(a) Any public college, university, community college, technical college, or institute operating as part of the public higher educational system of this state;
(b) Institutions that have been accredited by an accrediting association recognized by the council for the purposes of this chapter: PROVIDED, That those institutions meet minimum exemption standards adopted by the council; and PROVIDED FURTHER, That an institution, branch, extension, or facility operating within the state of Washington which is affiliated with a nonprofit institution operating in another state:
(i) Has continuously offered degree programs in the state for 10 years or more;
(ii) Has been continuously authorized to offer degree programs in its home state for 20 years or more;
(iii) Has been continuously accredited as a degree-granting institution for 10 years or more by an accrediting association recognized by the council and maintains such accreditation status;
(iv) Maintains eligibility to participate in Title IV financial aid programs;
(v) Is recognized for its extensive academic research and innovation, doctoral programs, and advanced facilities and resources; and
(vi) Maintains ongoing compliance with the requirements for authorization specified in this chapter. If an institution fails to maintain compliance with such requirements, the council may:
(A) Deny an application for exemption; or
(B) Suspend or withdraw an existing exemption;
(c) Institutions of a religious character, but only as to those education programs devoted exclusively to religious or theological objectives if the programs are represented in an accurate manner in institutional catalogs and other official publications;
(d) Honorary credentials clearly designated as such on the front side of the diploma or certificate awarded by institutions offering other educational credentials in compliance with state law; or
(e) Institutions not otherwise exempt which offer only workshops or seminars and institutions offering only credit-bearing workshops or seminars lasting no longer than three calendar days.
[ 2025 c 157 s 2; 2012 c 229 s 545; 2006 c 234 s 4; 2004 c 96 s 2; 1996 c 97 s 1; 1994 c 38 s 2; 1986 c 136 s 4.]
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.

catchline: Completion of program of study prerequisite to degree—Application of chapter.


title: RCW 28B.85.050

text:
All degree-granting institutions subject to this chapter shall file information with the council as the council may require.
[ 2012 c 229 s 546; 1986 c 136 s 5.]
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.

catchline: Council may require information.


title: RCW 28B.85.060

text:
The council shall impose fees on any degree-granting institution authorized to operate under this chapter. Fees shall be set and revised by the council by rule at the level necessary to approximately recover the staffing costs incurred in administering this chapter. Fees shall be deposited in the general fund.
[ 2012 c 229 s 547; 1986 c 136 s 6.]
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.

catchline: Fees.


title: RCW 28B.85.070

text:
(1) The council may require any degree-granting institution to have on file with the council an approved surety bond or other security in lieu of a bond in an amount determined by the council.
(2) In lieu of a surety bond, an institution may deposit with the council a cash deposit or other negotiable security acceptable to the council. The security deposited with the council in lieu of the surety bond shall be returned to the institution one year after the institution's authorization has expired or been revoked if legal action has not been instituted against the institution or the security deposit at the expiration of the year. The obligations and remedies relating to surety bonds authorized by this section, including but not limited to the settlement of claims procedure in subsection (5) of this section, shall apply to deposits filed with the council, as applicable.
(3) Each bond shall:
(a) Be executed by the institution as principal and by a corporate surety licensed to do business in the state;
(b) Be payable to the state for the benefit and protection of any student or enrollee of an institution, or, in the case of a minor, his or her parents or guardian;
(c) Be conditioned on compliance with all provisions of this chapter and the council's rules adopted under this chapter;
(d) Require the surety to give written notice to the council at least thirty-five days before cancellation of the bond; and
(e) Remain in effect for one year following the effective date of its cancellation or termination as to any obligation occurring on or before the effective date of cancellation or termination.
(4) Upon receiving notice of a bond cancellation, the council shall notify the institution that the authorization will be suspended on the effective date of the bond cancellation unless the institution files with the council another approved surety bond or other security. The council may suspend or revoke the authorization at an earlier date if it has reason to believe that such action will prevent students from losing their tuition or fees.
(5) If a complaint is filed under RCW 28B.85.090(1) against an institution, the council may file a claim against the surety and settle claims against the surety by following the procedure in this subsection.
(a) The council shall attempt to notify all potential claimants. If the absence of records or other circumstances makes it impossible or unreasonable for the council to ascertain the names and addresses of all the claimants, the council after exerting due diligence and making reasonable inquiry to secure that information from all reasonable and available sources, may make a demand on a bond on the basis of information in the council's possession. The council is not liable or responsible for claims or the handling of claims that may subsequently appear or be discovered.
(b) Thirty days after notification, if a claimant fails, refuses, or neglects to file with the council a verified claim, the council shall be relieved of further duty or action under this chapter on behalf of the claimant.
(c) After reviewing the claims, the council may make demands upon the bond on behalf of those claimants whose claims have been filed. The council may settle or compromise the claims with the surety and may execute and deliver a release and discharge of the bond.
(d) If the surety refuses to pay the demand, the council may bring an action on the bond in behalf of the claimants. If an action is commenced on the bond, the council may require a new bond to be filed.
(e) Within ten days after a recovery on a bond or other posted security has occurred, the institution shall file a new bond or otherwise restore its security on file to the required amount.
(6) The liability of the surety shall not exceed the amount of the bond.
(7) The requirements for surety bonds established by the council may not be reduced based on whether an institution is headquartered, incorporated, or domiciled outside of Washington state. The council shall ensure that any authorization agreement with other states provides for at least the amount and security for surety applicable to an institution that is headquartered, incorporated, domiciled, or has a physical presence in Washington state.
[ 2025 c 82 s 3; 2012 c 229 s 548; 1986 c 136 s 7.]
Notes:
Findings—2025 c 82: See note following RCW 28B.85.250.
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.

catchline: Surety bonds—Security in lieu of bond—Cancellation of bond—Notice—Claims.


title: RCW 28B.85.080

text:
The council may suspend or modify any of the requirements under this chapter in a particular case if the council finds that:
(1) The suspension or modification is consistent with the purposes of this chapter; and
(2) The education to be offered addresses a substantial, demonstrated need among residents of the state or that literal application of this chapter would cause a manifestly unreasonable hardship.
[ 2012 c 229 s 549; 1986 c 136 s 8.]
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.

catchline: Suspension or modification of requirements authorized.


title: RCW 28B.85.090

text:
(1) Complaints may be filed with the council under this chapter by a person claiming loss of tuition or fees; other loss or injury due to misrepresentation of educational programs, accreditation, support for or statistics relating to job placement, or measurements of student debts and earnings; and other unfair business practices. The complaint shall set forth the alleged violation and shall contain information required by the council. A complaint may also be filed with the council by an authorized staff member of the council or by the attorney general.
(2) The council shall investigate any complaint under this section and may attempt to bring about a settlement. The council may hold a hearing pursuant to the administrative procedure act, chapter 34.05 RCW, in order to determine whether a violation has occurred. If the council prevails, the degree-granting institution shall pay the costs of the administrative hearing.
(3) If, after the hearing, the council finds that the institution or its agent engaged in or is engaging in any unfair business practice, the council shall issue and cause to be served upon the violator an order requiring the violator to cease and desist from the act or practice and may impose the penalties under RCW 28B.85.095 and 28B.85.100. If the council finds that the complainant has suffered loss as a result of the act or practice, the council may order full or partial restitution for the loss. The complainant is not bound by the council's determination of restitution and may pursue any other legal remedy.
(4) The council shall determine the manner by which any nonpublic, for-profit online institution of higher education offering online distance learning and serving students in Washington shall prominently disclose students' rights, including how students may contact the council to file a complaint, on appropriate websites and in promotional materials distributed and made available to students in Washington. The council may not delegate or otherwise agree to defer investigation or resolution of complaints filed by students who are residents of Washington state and enrolled in institutions of higher education authorized by Washington state to another state where the institution of higher education is headquartered or incorporated.
[ 2025 c 82 s 4; 2018 c 203 s 3; 2012 c 229 s 550; 1989 c 175 s 82; 1986 c 136 s 9.]
Notes:
Findings—2025 c 82: See note following RCW 28B.85.250.
Finding—Intent—2018 c 203: See note following RCW 28B.85.095.
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.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Complaints concerning unfair business practices—Online learning—Council must investigate—Penalties.


title: RCW 28B.85.095

text:
(1)(a) The council may deny, revoke, or suspend the authorization of any degree-granting institution authorized to operate under this chapter that is found to be in violation of this chapter.
(b) The council may not delegate to any other state its authority to oversee and enforce compliance with this chapter or its authority to respond to complaints by students in this state, regardless of whether the institution is authorized by, or has its home in, another state.
(2) It is a violation of this chapter for a degree-granting institution authorized to operate under this chapter or an agent employed by such a degree-granting institution to:
(a) Provide prospective students with any testimonial, endorsement, or other information that a reasonable person would find was likely to mislead or deceive prospective students or the public regarding current practices of the school, current conditions for employment opportunities, postgraduation employment by industry, or probable earnings in the occupation for which the education was designed, the likelihood of obtaining financial aid or low-interest loans for tuition, or the ability of graduates to repay loans;
(b) Use any official United States military logo in advertising or promotional materials; or
(c) Violate the provision of RCW 28B.85.175(1)(b) regarding the sale of, or inducing of students to obtain, specific consumer student loan products.
[ 2025 c 82 s 5; 2018 c 203 s 4.]
Notes:
Findings—2025 c 82: See note following RCW 28B.85.250.
Finding—Intent—2018 c 203: "(1) In 2016, the student achievement council contracted with the William D. Ruckelshaus center to conduct a two-part study analyzing the system of for-profit degree-granting institutions and private vocational schools in Washington. The Ruckelshaus center issued its first report in December 2016, followed by facilitated discussions amongst agencies and stakeholders that resulted in a second report issued in 2017. This act incorporates some of the findings and recommendations from the first phase of the report, including the benefits of ensuring that recruitment advertising and materials are consistent with state and federal verified data. In addition, this act incorporates findings regarding the need for a single student complaint portal and for agencies to have timely access to trust funds for tuition recovery and other methods of responding when schools close. This act also authorizes the second part of the study, as recommended by the center, that will include discussions of agency jurisdiction and consistency and how to improve the agencies' abilities to respond to school closures.
(2) The legislature finds that there are many private for-profit and nonprofit career colleges and degree-granting institutions providing Washington state residents with important postsecondary and career opportunities that contribute to the economic security of Washington residents and aid in meeting the needs of our state's growing economy. The legislature also recognizes that there have been high profile closures of, or federal and other state determinations regarding, some for-profit or formerly for-profit institutions that have damaged the reputation of the sector and impacted the expectations and financial stability of some students. It is the legislature's intent to provide a framework to ensure a level playing field exists for the many institutions that provide disclosures to prospective students based on verifiable metrics, which allow prospective students to be able to make the best decisions on school and career choices and on financial aid and loans to finance their educational goals. The legislature also intends to ensure that students are provided the information they need to make the best decisions for their educational future and careers in event of closure or potential closure of an institution. In addition, the legislature intends to protect the state's interest in the integrity of its grant and aid programs, from private decisions to close schools or programs under circumstances that may prevent students from obtaining the degree or certificate and career services that the students expected upon enrollment." [ 2018 c 203 s 1.]

catchline: Council's authority to enforce compliance—Violations.


title: RCW 28B.85.100

text:
Any person, group, or entity or any owner, officer, agent, or employee of such entity who willfully violates any provision of this chapter or the rules adopted under this chapter shall be subject to a civil penalty of not more than one hundred dollars for each violation. Each day on which a violation occurs constitutes a separate violation. The fine may be imposed by the council or by any court of competent jurisdiction.
[ 2012 c 229 s 551; 1986 c 136 s 10.]
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.

catchline: Violations—Civil penalties.


title: RCW 28B.85.120

text:
A degree-granting institution, whether located in this state or outside of this state, that conducts business of any kind, makes any offers, advertises, solicits, or enters into any contracts in this state or with a resident of this state is subject to the jurisdiction of the courts of this state for any cause of action arising from the acts.
[ 1986 c 136 s 12.]

catchline: Actions resulting in jurisdiction of courts.


title: RCW 28B.85.130

text:
If any degree-granting institution discontinues its operation, the chief administrative officer of the institution shall file with the council the original or legible true copies of all educational records required by the council. If the council determines that any educational records are in danger of being made unavailable to the council, the council may seek a court order to protect and if necessary take possession of the records. The council shall cause to be maintained a permanent file of educational records coming into its possession.
[ 2012 c 229 s 552; 1986 c 136 s 13.]
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.


title: RCW 28B.85.140

text:
If a student or prospective student is a resident of this state at the time any contract relating to payment for education or any note, instrument, or other evidence of indebtedness relating thereto is entered into, RCW 28B.85.150 shall govern the rights of the parties to the contract or evidence of indebtedness. If a contract or evidence of indebtedness contains any of the following agreements, the contract is voidable at the option of the student or prospective student:
(1) That the law of another state shall apply;
(2) That the maker or any person liable on the contract or evidence of indebtedness consents to the jurisdiction of another state;
(3) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
(4) That fixes venue.
[ 1986 c 136 s 14.]

catchline: Contracts voidable—When.


title: RCW 28B.85.150

text:
A note, instrument, or other evidence of indebtedness or contract relating to payment for education for a degree is not enforceable in the courts of this state by a degree-granting institution or holder of the instrument unless the institution was authorized to offer the degree under this chapter at the time the note, instrument, or other evidence of indebtedness or contract was entered into.
[ 1986 c 136 s 15.]

catchline: Enforceability of debts—Authority to offer degree required.


title: RCW 28B.85.160

text:
The attorney general or the prosecuting attorney of any county in which a degree-granting institution or agent of the institution is found may bring an action in any court of competent jurisdiction for the enforcement of this chapter. The court may issue an injunction or grant any other appropriate form of relief.
[ 1986 c 136 s 16.]

catchline: Actions to enforce chapter—Who may bring—Relief.


title: RCW 28B.85.170

text:
The council may seek injunctive relief, after giving notice to the affected party, in a court of competent jurisdiction for a violation of this chapter or the rules adopted under this chapter. The council need not allege or prove that the council has no adequate remedy at law. The right of injunction provided in this section is in addition to any other legal remedy which the council has and is in addition to any right of criminal prosecution provided by law. The existence of council action with respect to alleged violations of this chapter and rules adopted under this chapter does not operate as a bar to an action for injunctive relief under this section.
[ 2012 c 229 s 553; 1986 c 136 s 17.]
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.

catchline: Injunctive relief—Council may seek.


title: RCW 28B.85.175

text:
(1) A degree-granting institution authorized to operate under this chapter must:
(a) Present data about its completion rates, employment rates, loan or indebtedness metrics, or its graduates' median hourly and annual earnings, the posted data consistent with the data posted on the workforce training and education coordinating board's career bridge website or the data posted by the United States department of education, if the board or the department of education has posted such data;
(b) Not engage in any practice regarding the sale of, or inducing of students to obtain, specific consumer student loan products to fund education that financially benefits any person or entity that has an ownership interest in the institution, unless the institution can demonstrate to the council that the student has exhausted all federal aid options and has been denied noninstitutional private commercial loan products. The prohibition in this subsection (1)(b) applies to any degree-granting institution authorized to operate under this chapter, and any agent of the institution, that has at least one hundred fifty students or more enrolled in the state in any given year or that has been operating in the state for less than two consecutive years. A financial benefit for purposes of this subsection (1)(b) does not include merely having an interest in students with loans enrolling in the institution or assisting students with financial aid matters. For purposes of this subsection (1)(b), "agent" means any employee, officer, or contractor working on behalf of the institution; and
(c) Disclose to the council regarding any pending investigations by an oversight entity, including the nature of that investigation, within thirty days of the degree-granting institution's first knowledge of the investigation. For the purposes of this subsection, "investigation" means any inquiry into possible violations of any applicable laws or accreditation standards. For the purposes of this subsection, "oversight entity" means all of the following:
(i) Any federal or state entity that provides financial aid to students of the institution or approves the institution for participation in a financial aid program;
(ii) Any state or federal attorney general's office or department of justice;
(iii) Any regulator that approves the operation of the private vocational school;
(iv) The federal consumer financial protection bureau or the federal securities and exchange commission; and
(v) Any accrediting agency.
(2) A violation of any provision of this section is also a violation of RCW 19.86.020 of the consumer protection act. The penalties authorized pursuant to subsection (1) of this section do not preclude remedies available under the provisions of the consumer protection act.
[ 2018 c 203 s 5.]
Notes:
Finding—Intent—2018 c 203: See note following RCW 28B.85.095.

catchline: Degree-granting institution requirements—Consumer protection act violations.


title: RCW 28B.85.180

text:
A violation of this chapter or the rules adopted under this chapter affects the public interest and is an unfair or deceptive act or practice in violation of RCW 19.86.020 of the consumer protection act. The remedies and sanctions provided by this section shall not preclude application of other remedies and sanctions.
[ 1986 c 136 s 18.]

catchline: Violation of chapter unfair or deceptive practice under RCW 19.86.020.


title: RCW 28B.85.190

text:
The remedies and penalties provided for in this chapter are nonexclusive and cumulative and do not affect any other actions or proceedings.
[ 1986 c 136 s 19.]

catchline: Remedies and penalties in chapter nonexclusive and cumulative.


title: RCW 28B.85.220

text:
(1) It is unlawful for a person to:
(a) Grant or award a false academic credential or offer to grant or award a false academic credential in violation of this section;
(b) Represent that a credit earned or granted by the person, in violation of this section, can be applied toward a credential offered by another person; or
(c) Solicit another person to seek a credential or to earn a credit that is offered in violation of this section.
(2) The definitions in RCW 9A.60.070 apply to this section.
(3) A violation of this section constitutes an unfair or deceptive act or practice in the conduct of trade or commerce under chapter 19.86 RCW.
(4) In addition to any other venue authorized by law, venue for the prosecution of an offense under this section is in the county in which an element of the offense occurs.
[ 2006 c 234 s 1.]

catchline: False academic credentials—Unlawful acts—Violation of consumer protection act—Venue.


title: RCW 28B.85.230

text:
(1)(a) For the purpose of providing relief to students impacted by the voluntary or involuntary closure of schools regulated under this chapter, the council shall establish, maintain, and administer a student achievement council tuition recovery trust fund created in RCW 28B.85.240. All funds collected for the student achievement council tuition recovery trust fund are payable to the state for the benefit and protection of any student or enrollee of a private school licensed under this chapter, for purposes including but not limited to the settlement of claims related to school closures.
(b) No liability accrues to the state from claims made against the student achievement council tuition recovery trust fund.
(2)(a) The council may impose a fee structure, set forth in rule, on schools licensed under this chapter to fund the student achievement council tuition recovery trust fund.
(b) The council must determine an amount that would be sufficient in the student achievement council tuition recovery trust fund to provide relief to students in the event of a school closure. The council shall adopt schedules of times and amounts for effecting payments of fees. To reach the amount determined, the council may phase in the collection of fees, but must achieve the amount determined to be sufficient no later than five years from June 7, 2018.
(3) Money from the student achievement council tuition recovery trust fund may be used for:
(a) Providing refunds to students affected by school closures;
(b) Securing and administering student records; and
(c) Any other response the council determines is necessary to mitigate impacts of a potential or actual school closure.
(4) In order for a school to be and remain licensed under this chapter, each school owner shall, in addition to other requirements under this chapter, make cash deposits on behalf of the school into a student achievement council tuition recovery trust fund.
(5) The student achievement council tuition recovery trust fund's liability with respect to each participating school commences on the date of the initial deposit into the student achievement council tuition recovery trust fund made on its behalf and ceases one year from the date the school is no longer licensed under this chapter.
(6) The council shall adopt by rule a matrix for calculating the deposits into the student achievement council tuition recovery trust fund on behalf of each school.
(7) No vested right or interest in deposited funds is created or implied for the depositor at any time during the operation of the student achievement council tuition recovery trust fund or at any such future time that the student achievement council tuition recovery trust fund may be dissolved. All funds deposited are payable to the state for the purposes described under this section. The council shall maintain the student achievement council tuition recovery trust fund, serve appropriate notices to affected owners when scheduled deposits are due, collect deposits, and make disbursements to settle claims against the student achievement council tuition recovery trust fund.
(8) The council shall adopt rules to address notifying potential claimants, settling claims, disbursing funds, and any other processes necessary to implement the purpose of this section.
[ 2018 c 203 s 11.]
Notes:
Finding—Intent—2018 c 203: See note following RCW 28B.85.095.

catchline: Student achievement council tuition recovery trust fund.


title: RCW 28B.85.240

text:
The student achievement council tuition recovery trust fund is created in the custody of the state treasurer. All receipts from fees imposed on schools licensed under this chapter and RCW 28B.85.230 must be deposited into the fund. Expenditures from the fund may be used only for the purposes in RCW 28B.85.230. Only the council may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2018 c 203 s 12.]
Notes:
Finding—Intent—2018 c 203: See note following RCW 28B.85.095.

catchline: Student achievement council tuition recovery trust fund—State treasurer.


title: RCW 28B.85.250

text:
The council may utilize its authority to waive state requirements for institutions participating in interstate reciprocity agreements for online or distance education if:
(1) Such waivers are consistent with federal regulations and requirements for state authorization pursuant to 34 C.F.R. Sec. 600.2 and 600.9, including preserving Washington's authorization to administer federal financial aid programs; and
(2) The council finds that the institutions' authorizations are consistent with the council's policies for protection of Washington resident student consumers.
[ 2025 c 82 s 6.]
Notes:
Findings—2025 c 82: "The legislature finds that the Washington state attorney general and the attorneys general of 24 other states and the District of Columbia have found that online or distance education entities pose unique risks to student consumers. These risks may harm both students and the taxpayers in students' home states. The Washington state attorney general, along with the attorneys general of 24 other states and the District of Columbia, have urged the national council for the state authorization reciprocity agreement to reform the standards of state authorization reciprocity agreements. The national council for state authorization reciprocity agreements is not directly accountable to participating states and has had significant potential for conflict of interest.
According to the joint letter from the offices of the attorneys general, the national council for state authorization reciprocity agreements' current policies "do not adequately guard against the unique risks that arise from distance learning. For instance, NC-SARA's policy prohibiting member states from enforcing education-specific consumer protection laws against out-of-state NC-SARA participating schools undermines our Offices' and other state agencies' ability to protect students in our states. It also creates a two-tiered system of protection, in which students attending NC-SARA-participating schools receive the benefit of fewer consumer protection laws than students attending schools based in our state or attending schools that do not participate in NC-SARA. This incentivizes NC-SARA participating schools to locate in states with weaker education-specific consumer protection laws, such as financial protections in the event of unanticipated closure, to avoid having to comply with more student-protective laws. Our conversations with some of the representatives of state entities that enforce NC-SARA rules showed that they share this concern."
The legislature finds that Washington has led the western interstate commission for higher education to adopt proposed reforms to state authorization reciprocity agreements and intends to encourage the student achievement council and the western interstate commission for higher education to continue this effort through this act. It is the objective of the legislature to ensure that the state authorization reciprocity agreement is reformed to recognize that student consumer protections adopted through legislation or rule in Washington protect all students residing in Washington through the adoption of this act while providing institutions domiciled in Washington the benefits of reciprocal approval or authorization to offer programs in other states after meeting Washington's rigorous review and approval or authorization standards.
The legislature does not intend for this act to imply that the existing legislatively adopted student consumer protections do not provide protection to students in Washington while Washington engages in efforts to reform the state authorization reciprocity agreement." [ 2025 c 82 s 1.]

catchline: Waivers of state requirements—Interstate reciprocity agreements for online education.


title: RCW 28B.85.902

text:
This act shall take effect July 1, 1986.
[ 1986 c 136 s 24.]

catchline: Effective date—1986 c 136.


title: RCW 28B.85.905

text:
A degree-granting institution registered under chapter 188, Laws of 1979, as amended, as of June 30, 1986, is not required to apply for authorization under chapter 28B.85 RCW until the expiration date of such registration.
[ 1986 c 136 s 22.]

catchline: Validity of registration under prior laws.


title: RCW 28B.85.906

text:
This chapter shall not apply to any approved branch campus of a foreign degree-granting institution in compliance with chapter 28B.90 RCW.
[ 1993 c 181 s 7.]

catchline: Application of chapter to foreign degree-granting institution branch campuses.


title: RCW 28B.90.005

text:
The legislature finds that it has previously declared in *RCW 28B.107.005 that it is important to the economic future of the state to promote international awareness and understanding, and in RCW 1.20.100, that the state's economy and economic well-being depends heavily on foreign trade and international exchange.
The legislature finds that it is appropriate that such policies should be implemented by encouraging universities and colleges domiciled in foreign countries to establish branch campuses in Washington and that it is also important to those foreign colleges and universities that their status as authorized foreign degree-granting institutions be recognized by this state to facilitate the establishment and operation of such branch campuses.
In the furtherance of such policy, the legislature adopts the foreign degree-granting institution approved branch campus act.
[ 1995 c 335 s 404; 1993 c 181 s 1.]
Notes:
*Reviser's note: RCW 28B.107.005 expired June 30, 1996, pursuant to 1990 c 243 s 8.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.

catchline: Findings.


title: RCW 28B.90.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Approved branch campus" means a foreign degree-granting institution's branch campus that has been approved by the student achievement council to operate in the state.
(2) "Branch campus" means an educational facility located in the state that:
(a) Is either owned and operated directly by a foreign degree-granting institution or indirectly through a Washington profit or nonprofit corporation in which the foreign degree-granting institution is the sole or controlling shareholder or member; and
(b) Provides courses solely and exclusively to students enrolled in a degree-granting program offered by the foreign degree-granting institution who:
(i) Have received academic credit for courses of study completed at the foreign degree-granting institution in its country of domicile;
(ii) Will receive academic credit towards their degree from the foreign degree-granting institution for the courses of study completed at the educational facility in the state; and
(iii) Will return to the foreign degree-granting institution in its country of domicile for completion of their degree-granting program or receipt of their degree.
(3) "Council" means the student achievement council.
(4) "Degree" means any designation, appellation, certificate, letters or words including, but not limited to, "associate," "bachelor," "masters," "doctorate," or "fellow" that signifies, or purports to signify, satisfactory and successful completion of requirements of a postsecondary academic program of study.
(5) "Foreign degree-granting institution" means a public or private college or university, either profit or nonprofit:
(a) That is domiciled in a foreign country;
(b) That offers in its country of domicile credentials, instruction, or services prerequisite to the obtaining of an academic or professional degree granted by such college or university; and
(c) That is authorized under the laws or regulations of its country of domicile to operate a degree-granting institution in that country.
[ 2012 c 229 s 554; 1993 c 181 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
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.

catchline: Definitions.


title: RCW 28B.90.020

text:
A foreign degree-granting institution that submits evidence satisfactory to the council of its authorized status in its country of domicile and its intent to establish an educational facility in the state is entitled to operate a branch campus as defined in RCW 28B.90.010. Upon receipt of the satisfactory evidence, the council may certify that the branch campus of the foreign degree-granting institution is approved to operate in the state under this chapter, for as long as the foreign degree-granting institution retains its authorized status in its country of domicile.
[ 2012 c 229 s 555; 1999 c 85 s 1; 1993 c 181 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.

catchline: Approval of foreign degree-granting institution as branch campus.


title: RCW 28B.90.030

text:
A branch campus of a foreign degree-granting institution previously found by the council to be exempt from chapter 28B.85 RCW may continue to operate in the state. However, within one year of July 25, 1993, the institution shall provide evidence of authorization as required under RCW 28B.90.020. Upon receipt of the satisfactory evidence, the council shall certify that the branch campus of the foreign degree-granting institution is approved to operate in the state under this chapter.
[ 2012 c 229 s 556; 1993 c 181 s 4.]
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.

catchline: Branch campuses exempt under chapter 28B.85 RCW.


title: RCW 28B.900.010

text: See 1969 ex.s. c 223 s 28B.98.010. Formerly RCW 28B.98.010.

catchline: Repeals and savings—1969 ex.s. c 223.


title: RCW 28B.900.020

text:
All moneys in the Southwestern Washington State College bond retirement fund and the Southwestern Washington State College capital projects account are hereby transferred to The Evergreen State College bond retirement fund and The Evergreen State College capital projects account respectively, which latter fund and account are created in RCW 28B.35.370.
[ 1969 ex.s. c 223 s 28B.98.020. Formerly RCW 28B.98.020.]

catchline: Moneys transferred.


title: RCW 28B.900.030

text:
The provisions of this title, Title 28B RCW, insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Nothing in this 1969 code revision of Title 28 RCW shall be construed as authorizing any new bond issues or new or additional appropriations of moneys but the bond issue authorizations herein contained shall be construed only as continuations of bond issues authorized by prior laws herein repealed and reenacted, and the appropriations of moneys herein contained are continued herein for historical purposes only and this 1969 act shall not be construed as a reappropriation thereof and no appropriation contained herein shall be deemed to be extended or revived hereby and such appropriation shall lapse or shall have lapsed in accordance with the original enactment: PROVIDED, That this 1969 act shall not operate to terminate, extend, or otherwise affect any appropriation for the biennium commencing July 1, 1967 and ending June 30, 1969.
[ 1969 ex.s. c 223 s 28B.98.030. Formerly RCW 28B.98.030.]

catchline: Continuation of existing law.


title: RCW 28B.900.040

text:
The provisions of this title, Title 28B RCW, shall be construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same statute. The provisions of this title shall also be construed in pari materia with the provisions of Title 28A RCW, and with other laws relating to education. This section shall not operate retroactively.
[ 1969 ex.s. c 223 s 28B.98.040. Formerly RCW 28B.98.040.]

catchline: Provisions to be construed in pari materia.


title: RCW 28B.900.050

text:
Title headings, chapter headings, and section or subsection headings, as used in this title, Title 28B RCW, do not constitute any part of the law.
[ 1969 ex.s. c 223 s 28B.98.050. Formerly RCW 28B.98.050.]

catchline: Title, chapter, section headings not part of law.


title: RCW 28B.900.060

text:
If any provision of this title, Title 28B RCW, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.
[ 1969 ex.s. c 223 s 28B.98.060. Formerly RCW 28B.98.060.]

catchline: Invalidity of part of title not to affect remainder.


title: RCW 28B.900.070

text:
As used in this title, Title 28B RCW, "this code" means Titles 28A and 28B of this 1969 act.
[ 1969 ex.s. c 223 s 28B.98.070. Formerly RCW 28B.98.070.]

catchline: This code defined.


title: RCW 28B.900.080

text:
This act shall take effect on July 1, 1970.
[ 1969 ex.s. c 223 s 28B.98.080. Formerly RCW 28B.98.080.]

catchline: Effective date—1969 ex.s. c 223.


title: RCW 28B.92.005

text:
Community and technical colleges shall provide financial aid application due dates and information on whether or not financial aid will be awarded on a rolling basis to their admitted students at the time of acceptance. State universities, regional universities, and The Evergreen State College shall provide financial aid application due dates and distribution policies on their websites, including whether financial aid is awarded on a rolling basis, for prospective and admitted students.
[ 2015 c 212 s 1; 2014 c 53 s 2.]
Notes:
Intent—2014 c 53: "The legislature recognizes that in recent years not all students eligible for the state need grant program have received an award due to limited funds and unfamiliarity with disbursement policies. Therefore, it is the intent of the legislature to ensure that institutions of higher education clearly disseminate their financial aid policies to admitted and prospective students." [ 2014 c 53 s 1.]

catchline: Financial aid application due dates and information—Notification.