title: RCW 28B.95.070

text:
(1) The investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the account. All investment and operating costs associated with the investment of money shall be paid pursuant to RCW 43.33A.160 and 43.84.160. With the exception of these expenses, the earnings from the investment of the money shall be retained by the account.
(2) All investments made by the investment board shall be made with the exercise of that degree of judgment and care pursuant to RCW 43.33A.140 and the investment policy established by the state investment board.
(3) As deemed appropriate by the investment board, money in the account may be commingled for investment with other funds subject to investment by the board.
(4) The authority to establish all policies relating to the account, other than the investment policies as set forth in subsections (1) through (3) of this section, resides with the governing body. With the exception of expenses of the investment board set forth in subsection (1) of this section, disbursements from the account shall be made only on the authorization of the governing body, and money in the account may be spent only for the purposes of the program as specified in this chapter.
(5) The investment board shall routinely consult and communicate with the governing body on the investment policy, earnings of the trust, and related needs of the program.
[ 2000 c 14 s 6; 1997 c 289 s 7.]

catchline: Washington advanced college tuition payment program account—Powers and duties of the investment board.


doc_type: statute

jurisdiction: wa

title: RCW 28B.95.080

text:
The governing body shall annually evaluate, and cause to be evaluated by the state actuary, the soundness of the advanced college tuition payment program account and determine the additional assets needed, if any, to defray the obligations of the account. The governing body may, at its discretion, consult with a nationally recognized actuary for periodic assessments of the account.
If funds are determined by the governing body, based on actuarial analysis to be insufficient to ensure the actuarial soundness of the account, the governing body shall adjust the price of subsequent tuition credit purchases to ensure its soundness.
If there are insufficient numbers of new purchases to ensure the actuarial soundness of the account, the governing body shall request such funds from the legislature as are required to ensure the integrity of the program. Funds may be appropriated directly to the account or appropriated under the condition that they be repaid at a later date. The repayment shall be made at such time that the account is again determined to be actuarially sound.
[ 2016 c 69 s 10; 2011 1st sp.s. c 12 s 3; 1997 c 289 s 8.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Washington advanced college tuition payment program account—Actuarial soundness—Adjustment of tuition credit purchases.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28B.95.085

text:
(1) The Washington college savings program account is created in the custody of the state treasurer. The account shall be a discrete nontreasury account retaining its interest earnings in accordance with RCW 43.79A.040.
(2) The governing body shall deposit in the account all moneys received for the program. The account shall be self-sustaining and consist of payments received for the purposes of college savings for the beneficiary. With the exception of investment and operating costs associated with the investment of money by a nonstate entity or paid under RCW 43.08.190, 43.33A.160, and 43.84.160, the account shall be credited with all investment income earned by the account. Disbursements from the account are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. Money used for program administration is subject to the allotment of all expenditures. However, an appropriation is not required for such expenditures. Program administration includes, but is not limited to: The salaries and expenses of the Washington college savings program personnel including lease payments, travel, and goods and services necessary for program operation; contracts for Washington college savings program promotion and advertisement, audits, and account management; and other general costs of conducting the business of the Washington college savings program.
(3) The account is authorized to maintain a cash deficit in the account for a period no more than five fiscal years to defray its initial program administration costs. By December 31, 2017, the governing body shall establish a program administration spending plan and a fee schedule to discharge any projected cash deficit to the account. The legislature may make appropriations into the account for the purpose of reducing program administration costs.
(4) The assets of the account may be spent without appropriation for the purpose of making payments to institutions of higher education on behalf of the qualified beneficiaries, making refunds, transfers, or direct payments upon the termination of the Washington college savings program. Disbursements from the account shall be made only on the authorization of the governing body.
(5) With regard to the assets of the account, the state acts in a fiduciary, not ownership, capacity. Therefore the assets of the program are not considered state money, common cash, or revenue to the state.
[ 2016 c 69 s 9.]

catchline: Washington college savings program account—Initial cash deficit.


title: RCW 28B.95.087

text:
(1) The investment manager has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the Washington college savings program without limitation as to the amount pursuant to RCW 43.84.150 and 43.33A.140. All investment and operating costs associated with the investment of money must be paid to the investment manager as allowed by RCW 43.33A.160 and 43.84.160. With the exception of these expenses and the administrative costs authorized in RCW 28B.95.032 and 28B.95.085, one hundred percent of all earnings from investments accrue directly to the owner of the individual college savings program account.
(2) The governing body may allow owners to self-direct the investment of moneys in individual college savings program accounts through the selection of investment options. The governing body may provide plans that it deems are in the interests of the owners and beneficiaries.
(a) The investment manager, after consultation with the governing body, shall provide a set of options for owners to choose from for investment of individual college savings program account contributions, including an age-based investment option.
(b) The investment manager has the full authority to invest moneys pursuant to the investment directions of the owner of a self-directed individual college savings program account.
(3) Annually on each December 1st, the committee shall report to the governor and the appropriate committees of the legislature regarding the total fees charged to each investment option offered in the Washington college savings program. It is the intent of the legislature that fees charged to the owner not exceed one-half of one percent for any investment option on an annual basis. Beginning January 1, 2018, fees charged to the owner may not exceed one-half of one percent for any investment option on an annual basis.
(4) In the next succeeding legislative session following receipt of a report required under subsection (3) of this section, the appropriate committees of the legislature shall review the report and consider whether any legislative action is necessary with respect to the investment option with fees that exceed one-half of one percent, including but not limited to consideration of whether any legislative action is necessary with respect to reducing the fees and expenses associated with the underlying investment option. With the exception of fees associated with the administration of the program authorized in RCW 28B.95.032 and 28B.95.085, all moneys in the college savings program account, all property and rights purchased with the account, and all income attributable to the account, shall be held in trust for the exclusive benefit of the owners and their eligible beneficiaries.
(5) All investments made by the investment manager shall be made with the exercise of that degree of judgment and care expressed in chapter 43.33A RCW.
(6) As deemed appropriate by the investment manager, money in the Washington college savings program account may be commingled for investment with other funds subject to investment by the investment manager.
(7) The authority to establish all policies relating to the Washington college savings program and the Washington college savings program account, other than investment policies resides with the governing body. With the exception of expenses of the investment manager as provided in subsection (1) of this section, disbursements from the Washington college savings program account shall be made only on the authorization of the governing body or its designee, and moneys in the account may be spent only for the purposes of the Washington college savings program as specified in this chapter.
(8) The investment manager shall routinely consult and communicate with the governing body on the investment policy, earnings of the trust, and related needs of the Washington college savings program.
[ 2016 c 69 s 13.]

catchline: Washington college savings program—Investment manager's authority—Owner's investment options—Reports—Legislative review of fees and expenses—Governing body's authority.


title: RCW 28B.95.090

text:
(1) In the event that the legislature determines that the advanced college tuition payment program is not financially feasible, or for any other reason, the legislature may declare the discontinuance of the program. At the time of such declaration, the governing body will cease to accept any further tuition unit contracts or purchases.
(2) The remaining tuition units for all beneficiaries who have either enrolled in higher education or who are within four years of graduation from a secondary school shall be honored until such tuition units have been exhausted, or for ten fiscal years from the date that the program has been discontinued, whichever comes first. All other contract holders shall receive a refund equal to the value of the current tuition units in effect at the time that the program was declared discontinued.
(3) At the end of the ten-year period, any tuition units remaining unused by currently active beneficiaries enrolled in higher education shall be refunded at the value of the current tuition unit in effect at the end of that ten-year period.
(4) At the end of the ten-year period, all other funds remaining in the account not needed to make refunds or to pay for administrative costs shall be deposited to the state general fund.
(5) The governing body may make refunds under other exceptional circumstances as it deems fit, however, no tuition units may be honored after the end of the tenth fiscal year following the declaration of discontinuance of the program.
[ 2016 c 69 s 12; 2005 c 272 s 3; 1997 c 289 s 9.]

catchline: Advanced college tuition payment program—Discontinuation—Use of units—Refunds.


title: RCW 28B.95.092

text:
The governing body shall begin and continue to accept applications for new tuition unit contracts and authorize the sale of new tuition units by July 1, 2018. Upon reopening the advanced college tuition payment program, in any year in which the total annual sale of tuition units is below five hundred thousand, the governing body shall determine how to reinvigorate the advanced college tuition payment program to incentivize Washingtonians to enter into tuition unit contracts and purchase tuition units.
[ 2017 3rd sp.s. c 1 s 957; 2016 c 69 s 11.]
Notes:
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.

catchline: Advanced college tuition payment program—Reopening—Reinvigorating the program.


title: RCW 28B.95.100

text:
(1) The governing body, in planning and devising the advanced college tuition payment program and the Washington college savings program, shall consult with the investment board, the state treasurer, the office of financial management, and the institutions of higher education.
(2) The governing body may seek the assistance of the state agencies named in subsection (1) of this section, private financial institutions, and any other qualified party with experience in the areas of accounting, actuary, risk management, or investment management to assist with preparing an accounting of the programs and ensuring the fiscal soundness of the advanced college tuition payment program account and the Washington college savings program account.
(3) State agencies and public institutions of higher education shall fully cooperate with the governing body in matters relating to the programs in order to ensure the solvency of the advanced college tuition payment [program] account and the Washington college savings program account and ability of the governing body to meet outstanding commitments.
[ 2016 c 69 s 14; 2000 c 14 s 7; 1997 c 289 s 10.]

catchline: Programs—Planning—Consultation with public and private entities—Cooperation.


title: RCW 28B.95.110

text:
(1) The intent of the Washington advanced college tuition payment program is to redeem tuition units for attendance at an institution of higher education. Refunds shall be issued under specific conditions that may include the following:
(a) Certification that the beneficiary, who is eighteen years of age or older, will not attend an institution of higher education, will result in a refund not to exceed the current value, as determined by the governing body, in effect at the time of such certification minus a penalty at the rate established by the governing body. The refund shall be made no sooner than ninety days after such certification, less any administrative processing fees assessed by the governing body;
(b) If there is certification of the death or disability of the beneficiary, the refund shall be equal to one hundred percent of any remaining unused tuition units at the current value, as determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body;
(c) If there is certification by the student of graduation or program completion, the refund shall be as great as one hundred percent of any remaining unused tuition units at the current value, as determined by the governing body, at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body. The governing body may, at its discretion, impose a penalty if needed to comply with federal tax rules;
(d) If there is certification of other tuition and fee scholarships, which will cover the cost of tuition for the eligible beneficiary. The refund shall be equal to one hundred percent of the current value of tuition units, as determined by the governing body, in effect at the time of the refund request, less any administrative processing fees assessed by the governing body. The refund under this subsection may not exceed the value of the scholarship;
(e) Incorrect or misleading information provided by the purchaser or beneficiaries may result in a refund of the purchaser's investment, less any administrative processing fees assessed by the governing body. The value of the refund will not exceed the actual dollar value of the purchaser's contributions; and
(f) The governing body may determine other circumstances qualifying for refunds of remaining unused tuition units and may determine the value of that refund.
(2) With the exception of subsection (1)(b), (e), and (f) of this section no refunds may be made before the units have been held for two years.
[ 2005 c 272 s 4; 2001 c 184 s 3; 2000 c 14 s 8; 1997 c 289 s 12.]
Notes:
Effective date—2001 c 184 s 3: "Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 c 184 s 5.]

catchline: Washington advanced college tuition payment program—Refunds.


title: RCW 28B.95.115

text:
The intent of the Washington college savings program is to make distributions from individual college savings program accounts for beneficiaries' attendance at public or private institutions of higher education. Federal penalties and taxes associated with 529 savings plan refunds may apply to any refund issued by the Washington college savings plan. Refunds shall be issued under specific conditions that may include the following:
(1) Certification that the beneficiary, who is eighteen years of age or older, will not attend a public or private institution of higher education, will result in a refund not to exceed the current value at the time of such certification. The refund shall be made no sooner than ninety days after such certification, less any administrative processing fees assessed by the governing body;
(2) If there is certification of the death or disability of the beneficiary, the refund shall be equal to one hundred percent of the current value at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body;
(3) If there is certification by the student of graduation or program completion, the refund shall be as great as one hundred percent of the current value at the time that such certification is submitted to the governing body, less any administrative processing fees assessed by the governing body. The governing body may, at its discretion, impose a penalty if needed to comply with federal tax rules;
(4) If there is certification of other tuition and fee scholarships that will cover the cost of tuition for the eligible beneficiary, the refund may not exceed the value of the scholarship or scholarships, less any administrative processing fees assessed by the governing body;
(5) Incorrect or misleading information provided by the purchaser or beneficiaries may result in a refund of the purchaser's and contributors' contributions, less any administrative processing fees assessed by the governing body. The value of the refund must not exceed the actual dollar value of the purchaser's or contributors' contributions; and
(6) The governing body may determine other circumstances qualifying for refunds of remaining unused participant Washington college savings program account balances and may determine the value of that refund.
[ 2016 c 69 s 15.]

catchline: Washington college savings program—Refunds.


title: RCW 28B.95.120

text:
In regard to bankruptcy filings and enforcement of judgments under Title 6 RCW, tuition units purchased more than two years prior to the date of filing or judgment will be considered excluded personal assets.
[ 2005 c 272 s 5.]

catchline: Tuition units exempt from bankruptcy and enforcement of judgments.


title: RCW 28B.95.125

text:
With regard to bankruptcy filings and enforcement of judgments under Title 6 RCW, participant Washington college savings program account deposits made more than two years before the date of filing or judgment are considered excluded personal assets.
[ 2016 c 69 s 16.]

catchline: Washington college savings program account deposits—Effect of bankruptcy filings and enforcement of judgments.


title: RCW 28B.95.150

text:
(1) The committee may establish a college savings program. If such a program is established, the college savings program shall be established, in such form as may be determined by the committee, to be a qualified state tuition program as defined by the internal revenue service under section 529 of the internal revenue code, and shall be administered in a manner consistent with the Washington advanced college tuition payment program. The committee, in planning and devising the program, shall consult with the state investment board, the state treasurer, the state actuary, the legislative fiscal and higher education committees, and the institutions of higher education. The governing body may, at its discretion, consult with a qualified actuarial consulting firm with appropriate expertise to evaluate such plans for periodic assessments of the program.
(2) Up to two hundred thousand dollars of administrative fees collected from guaranteed education tuition program participants may be applied as a loan to fund the development and start-up of a college savings program. This loan must be repaid with interest before the conclusion of the biennium following the biennium in which the committee draws funds for this purpose from the advanced college tuition payment program account.
(3) The committee, after consultation with the state investment board or other contracted investment manager, shall determine the investment policies for the college savings program. Program contributions may be invested by the state investment board, in which case it and not the committee shall determine the investment policies for the college savings program, or the committee may contract with an investment company licensed to conduct business in this state to do the investing. The committee shall keep or cause to be kept full and adequate accounts and records of the assets of each individual participant in the college savings program.
(4)(a) The governing body may elect to have the state investment board serve as investment manager for the funds in the college savings program. Members of the state investment board and its officers and employees are not considered an insurer of the funds or assets and are not liable for any action or inaction.
(b) Members of the state investment board and its officers and employees are not liable to the state, to the fund, or to any other person as a result of their activities as members, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law. The state investment board in its discretion may purchase liability insurance for members.
(c) If selected by the governing body to be the investment manager, the state investment board retains all authority to establish all investment policies relating to the investment of college savings program moneys.
(d) The state investment board shall routinely consult and communicate with the committee on the investment policy, earnings of the accounts, and related needs of the college savings program.
(5) The owner has exclusive authority and responsibility to establish and change the asset allocation for an individual participant college savings program account.
(6) Neither the state nor any eligible educational institution may be considered or held to be an insurer of the funds or assets of the individual participant accounts in the college savings program created under this section nor may any such entity be held liable for any shortage of funds in the event that balances in the individual participant accounts are insufficient to meet the educational expenses of the institution chosen by the student for which the individual participant account was intended.
(7) The committee shall adopt rules to implement this section. Such rules shall include but not be limited to administration, investment management, recordkeeping, promotion, and marketing; compliance with internal revenue service standards and applicable securities regulations; application procedures and fees; start-up costs; phasing in the savings program and withdrawals therefrom; deterrents to early withdrawals and provisions for hardship withdrawals; and reenrollment in the savings program after withdrawal.
(8) The committee may, at its discretion, determine to cease operation of the college savings program if it determines the continuation is not in the best interest of the state. The committee shall adopt rules to implement this section addressing the orderly distribution of assets.
[ 2016 c 69 s 17; 2012 c 198 s 16; 2011 1st sp.s. c 12 s 4; 2001 c 184 s 2.]
Notes:
Effective date—2012 c 198: See note following RCW 70A.15.5110.

catchline: College savings program—Authorization and parameters.


title: RCW 28B.95.160

text:
Ownership of tuition units purchased by the office for the GET ready for math and science scholarship program under RCW 28B.105.070 shall be in the name of the state of Washington and may be redeemed by the state of Washington on behalf of recipients of GET ready for math and science scholarship program scholarships for tuition and fees except that during the 2013-2015 fiscal biennium any unused tuition units may be used for the college bound scholarship program established in chapter 28B.118 RCW.
[ 2013 2nd sp.s. c 4 s 962; 2011 1st sp.s. c 11 s 173; 2007 c 214 s 12.]
Notes:
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective date—2011 1st sp.s. c 11 ss 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020.
Intent—2011 1st sp.s. c 11: See note following RCW 28B.76.020.

catchline: GET ready for math and science scholarship program—Tuition units—Ownership and redemption.


title: RCW 28B.95.900

text:
This chapter shall not be construed as a promise that any beneficiary shall be granted admission to any institution of higher education, will earn any specific or minimum number of academic credits, or will graduate from any such institution. In addition, this chapter shall not be construed as a promise of either course or program availability.
Participation in the advanced college tuition payment program or the Washington college savings program does not guarantee an eligible beneficiary the right to resident tuition and fees. To qualify for resident and respective tuition subsidies, the eligible beneficiary must meet the applicable provisions of RCW 28B.15.011 through 28B.15.015.
This chapter shall not be construed to imply that the redemption of tuition units in the advanced college tuition payment program shall be equal to any value greater than the undergraduate tuition and services and activities fees at a state institution of higher education as computed under this chapter. Eligible beneficiaries will be responsible for payment of any other fee that does not qualify as a services and activities fee including, but not limited to, any expenses for tuition surcharges, tuition overload fees, laboratory fees, equipment fees, book fees, rental fees, room and board charges, or fines.
[ 2016 c 69 s 18; 1997 c 289 s 11.]

catchline: Construction of chapter—Limitations.


title: RCW 28B.96.005

text:
(1) The legislature recognizes that students seeking to attend an institution of higher education or to receive training at a technical college have a variety of ways to fund their education. Students who meet Washington state residency requirements have access to state-funded financial aid programs such as the Washington college grant, college bound, and running start. While state residents have access to these state-sponsored financial aid options, not all state residents are eligible to receive federal financial aid such as the Pell grant or subsidized and unsubsidized student loans. Students who rely solely on state financial aid or scholarships might have difficulty in affording the remaining cost of attendance that student loans could fund.
(2) Therefore, the legislature intends to increase access to those students who are ineligible for federal financial aid by creating a state-funded and state-administered student loan program. The legislature intends for the undocumented student support loan program to provide students loans that are competitive with federal student loans and offer multiple options for repayment including adjusted monthly payments based on income.
[ 2020 c 326 s 1.]

catchline: Intent.


title: RCW 28B.96.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Eligible student" means a student who:
(a) Is a resident student;
(b) Demonstrates financial need as defined in RCW 28B.92.030;
(c) Has indicated they will attend an institution of higher education or is making satisfactory progress in a program, as defined in rule by the office, at an institution of higher education;
(d) Fills out the Washington application for state financial aid; and
(e) Does not qualify for federally funded student financial aid because of their citizenship status.
(2) "Institution of higher education" has the same meaning as in RCW 28B.92.030.
(3) "Office" means the office of student financial assistance created in RCW 28B.76.090.
(4) "Participant" means an eligible student who has received an undocumented student support loan.
(5) "Resident student" means:
(a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational;
(b) A dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution;
(c) Any student:
(i) Who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state;
(ii) Whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school; and
(iii) Who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; or
(d) Any person who meets the requirements under RCW 28B.15.012(2)(e).
[ 2021 c 272 s 8; 2020 c 326 s 2.]
Notes:
Intent—Findings—Short title—2021 c 272: See notes following RCW 28B.50.920.

catchline: Definitions.


title: RCW 28B.96.020

text:
(1) The undocumented student support loan program is established.
(2) The program shall be designed by the office, in consultation with financial aid professionals at institutions of higher education, state and nonprofit programs that work with eligible students, and relevant student associations and stakeholders in the development of the program.
(3) The program shall be administered by the office. In administering the program, the office has the following powers and duties:
(a) Screen and select, in coordination with representatives of institutions of higher education, eligible students to receive an undocumented student support loan;
(b) Consider an eligible student's financial inability to meet the total cost of the participant's educational program in the selection process;
(c) Issue low-interest student loans that are competitive with federal student loan programs;
(d) Establish annual and lifetime loan limits equal to the cost of attendance minus any other financial aid received as provided in subsection (6) of this section;
(e) Define the terms of repayment, including applicable interest rates, fees, and deferments;
(f) Collect and manage repayments from students who do not meet their obligations under this chapter;
(g) Consider income-based repayment options;
(h) Solicit and accept grants and donations from public and private sources for the program; and
(i) Adopt rules necessary to implement the program.
(4) The undocumented student support loan does not accrue interest while a participant is enrolled in an institution of higher education.
(5) The office may impose a loan origination fee up to, but not to exceed, the current rate imposed by the federal government on subsidized student loans.
(6) The maximum annual loan amount granted per student for the undocumented student support loan program is:
(a)(i) The cost of tuition and required fees at the public institution of higher education the student is attending; or
(ii) If the student is attending a private institution of higher education, the tuition and required fees at an equivalent public institution; and
(b) Less the value of any state-funded grant, scholarship, or waiver assistance the student receives, plus five hundred dollars for books and materials.
(7) Student loans issued under the program shall follow the requirements under 11 U.S.C. Sec. 523 regarding dischargeability in bankruptcy.
(8) Data collected by the program is private and confidential and must only be used for statistical analysis, research, and evaluation purposes. Data sharing by the office may be extended to include the office of financial management and other state governmental entities with oversight responsibility for the program, as long as personally identifiable student information is removed.
(9) The office shall provide information to the appropriate fiscal and relevant policy committees of the legislature by December 1, 2023, and every two years thereafter that includes the following:
(a) Dollar amount and number of private donations received;
(b) Number of applications received;
(c) Number of student loans provided to eligible students per year;
(d) Average student loan amount provided per participant;
(e) Level of degree program participants are pursuing;
(f) Number of student loans in active repayment, deferment, and default status; and
(g) Any other information the office deems relevant.
[ 2020 c 326 s 3.]

catchline: Undocumented student support loan program.


title: RCW 28B.96.030

text:
(1) The undocumented student support loan match account is created in the custody of the state treasurer as a nonappropriated account to be used solely and exclusively for the program created in RCW 28B.96.020. The purpose of the account is to provide state matching funds for the undocumented student support loan program.
(2) Revenues to the account consist of appropriations by the legislature into the account.
(3)(a) The legislature must appropriate a state match, up to a maximum of two million dollars per fiscal biennium, beginning January 1, 2022, and each January 1st following the end of the fiscal year based on donations and pledges received by the office for the program as of the date each official state caseload forecast is submitted by the caseload forecast council to the legislative fiscal committees, as provided under RCW 43.88C.020. Nothing in this subsection expands or modifies the responsibilities of the caseload forecast council.
(b) In any year that the fund balance of the account is ten million dollars or more on the last day of the fiscal year, no state match shall be required the following year.
(4) Expenditures, in the form of matching funds, from the account may be made only upon receipt of proof from the office of private contributions to the program. Expenditures, in the form of matching funds, may not exceed the total amount of private contributions.
(5) Only the executive director of the office or the executive director's designee may authorize expenditures from the account. Such authorization must be made as soon as practicable following receipt of proof as required under subsection (4) of this section.
[ 2020 c 326 s 4.]

catchline: Undocumented student support loan match account.


title: RCW 28B.96.900

text:
This act takes effect July 1, 2021.
[ 2020 c 326 s 5.]

catchline: Effective date—2020 c 326.


title: RCW 28B.99.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Eligible student" means a resident student who is enrolled in an accredited doctor of medicine or doctor of osteopathic medicine program in the state, is making satisfactory progress, and has declared an intention to work as a physician in a rural underserved area in Washington following residency.
(2) "Medical student loan" means a loan that is approved by the office and awarded to a participant under the program.
(3) "Office" means the office of student financial assistance.
(4) "Participant" means an eligible student who has received a medical student loan under the program.
(5) "Program" means the medical student loan program.
(6) "Rural underserved area" means a rural county as defined in RCW 82.14.370 that is also designated by the health resources and services administration as a medically underserved area or having a medically underserved population.
[ 2018 c 209 s 1.]


title: RCW 28B.99.020

text:
The medical student loan program is established to increase the physician workforce in rural underserved areas in Washington state. The program must be funded exclusively with private funding for the purpose of providing medical student loans. State funding may be used for the administration of the program. The office shall administer the program and has the following powers and duties:
(1) To design and implement a low interest medical student loan program with the following elements:
(a) A low interest rate, comparable to or more favorable than the federal direct loan program, with interest charges that begin to accrue once the participant finishes his or her medical residency program;
(b) An annual loan limit not to exceed forty thousand dollars and no more than the participant's estimated cost of attendance as determined by his or her medical program;
(c) Loan repayments that do not commence until:
(i) Six months after the participant completes his or her medical residency program; or
(ii) Six months after a participant leaves his or her doctor of medicine program, doctor of osteopathic medicine program, or medical residency program before completing; and
(d) An interest rate of at least twelve percent plus capitalized interest that was deferred during the participant's doctor of medicine or doctor of osteopathic medicine program, and residency program, if the participant does not work as a physician in a rural underserved area in Washington for three years following completion of his or her medical residency program;
(2) To establish an application, selection, and notification process for awarding medical student loans to eligible students;
(3) To define the terms of repayment, including applicable interest rates, fees, and deferments;
(4) To collect and manage repayments on the medical student loans;
(5) To solicit and accept grants and donations from nonstate public and private sources for the program;
(6) To exercise discretion to revise repayment obligations in certain cases, such as economic hardship or disability;
(7) To publicize the program; and
(8) To adopt necessary rules.
[ 2018 c 209 s 2.]

catchline: Office powers and duties.


title: RCW 28B.99.030

text:
(1) The medical student loan account is created in the custody of the state treasurer. Only the executive director of the office or the executive director's designee may authorize expenditures from the account. No appropriation is required for expenditures from the account for medical student loans. An appropriation is required for expenditures from the account for costs associated with program administration by the office.
(2) The office shall deposit into the account all moneys received for the program. Revenues to the account consist of moneys received for the program by the office, including grants and donations, and receipts from participant repayments, including principal and interest.
(3) Expenditures from the account may be used solely for medical student loans to participants in the program established by this chapter and costs associated with program administration by the office.
(4) During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to transfer money in the medical student loan account to the state general fund.
[ 2025 c 424 s 928; 2018 c 209 s 3.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.

catchline: Medical student loan account.


title: RCW 28B.99.040

text:
(1) The office shall submit an annual report regarding the program to the governor and the appropriate committees of the legislature in accordance with the reporting requirements in RCW 43.01.036.
(2) The annual report shall describe the design and implementation of the program, and must include the following:
(a) The number of applicants for medical student loans;
(b) The number of participants in the program;
(c) The number of participants in the program who complete their medical program;
(d) The number of participants in the program who are placed in employment;
(e) The nature of that employment, including the type of job; whether the job is full-time, part-time, or temporary; and the income range;
(f) Whether the participant is working in a rural underserved area, and what percent of the participant's patients are served by medicaid, the children's health insurance program, apple health, or other programs with similar eligibility requirements;
(g) Demographic profiles of both applicants and participants;
(h) The amount of the private funding collected for the program; and
(i) An estimate of when the program will be self-sustaining.
(3) The annual report must be submitted by December 1st of each year after July 1, 2020.
[ 2018 c 209 s 4.]

catchline: Office annual report.


title: RCW 28C.04.390

text:
(1) The college board worker retraining program funds shall be used for training programs and related support services, including financial aid, counseling, referral to training resources, job referral, and job development that:
(a) Are consistent with the unified plan for workforce development;
(b) Provide increased enrollments for dislocated workers;
(c) Provide customized training opportunities for dislocated workers; and
(d) Provide increased enrollments and support services, including financial aid for those students not receiving unemployment insurance benefits, that do not replace or supplant any existing enrollments, programs, support services, or funding sources.
(2) The college board shall develop a plan for use of the worker retraining program funds in conjunction with the workforce training customer advisory committee established in subsection (3) of this section. In developing the plan the college board shall:
(a) Provide that applicants for worker retraining program funds shall solicit financial support for training programs and give priority in receipt of funds to those applicants which are most successful in matching public dollars with financial support;
(b) Provide that applicants for worker retraining program funds shall develop training programs in partnership with local businesses, industry associations, labor, and other partners as appropriate and give priority in receipt of funds to those applicants who develop customized training programs in partnership with local businesses, industry associations, and labor organizations;
(c) Give priority in receipt of funds to those applicants serving rural areas;
(d) Ensure that applicants receiving worker retraining program funds gather information from local workforce development councils on employer workforce needs, including the needs of businesses with less than twenty-five employees;
(e) Provide for specialized vocational training at a private career school or college at the request of a recipient eligible under subsection (1)(b) of this section. Available tuition for the training is limited to the amount that would otherwise be payable per enrolled quarter to a public institution; and
(f) Give priority in receipt of funds to those applicants working toward careers in the aerospace, health care, advanced manufacturing, construction, forest product, and renewable energy industries; high-demand occupations in strategic industry clusters identified in the state comprehensive plan and the workforce development councils' local comprehensive plans for workforce educational training as identified in RCW 28C.18.080 and 28C.18.150; and occupations and industries identified by community and technical colleges in collaboration with local workforce development councils. For purposes of this section, health care includes long-term care.
(3) The executive director of the college board shall appoint a workforce training customer advisory committee by July 1, 1999, to:
(a) Assist in the development of the plan for the use of the college board worker retraining program funds and recommend guidelines to the college board for the operation of worker retraining programs;
(b) Recommend selection criteria for worker retraining programs and grant applicants for receipt of worker retraining program grants;
(c) Provide advice to the college board on other workforce development activities of the community and technical colleges;
(d) Recommend selection criteria for job skills grants, consistent with criteria established in this chapter and chapter 121, Laws of 1999. Such criteria shall include a prioritization of job skills applicants in rural areas;
(e) Recommend guidelines to the college board for the operation of the job skills program; and
(f) Recommend grant applicants for receipt of job skills program grants.
(4) Members of the workforce training customer advisory committee shall consist of three college system representatives selected by the executive director of the college board, three representatives of business selected from nominations provided by statewide business organizations, and three representatives of labor selected from nominations provided by a statewide labor organization representing a cross section of workers in the state.
[ 2010 1st sp.s. c 24 s 2; 1999 c 121 s 1.]
Notes:
Findings—Intent—2010 1st sp.s. c 24: "(1) The legislature finds that in times of severe economic recession, the state has a special obligation to help unemployed and low-income citizens access the training and education necessary to help them find and keep living wage jobs. The legislature also finds that during times of recession, when state revenues are at their lowest, demand for education and training are at their highest, making it especially important for the legislature to set clear goals and make the most efficient use of limited state resources.
(2) The legislature therefore intends to expand training and education programs, which have proven to be successful, to help Washington citizens receive the training they need. These programs include the worker retraining program, the opportunity grant program, and the opportunity internship program. The legislature further intends to create more effective intake and outreach systems to reach the greatest number of citizens and connect them to the resources they need, including college, apprenticeship, and preapprenticeship." [ 2010 1st sp.s. c 24 s 1.]

catchline: Worker retraining program funds—Workforce training customer advisory committee.


title: RCW 28C.04.400

text:
The legislature declares that it is an important function of government to increase opportunities for gainful employment, to assist in promoting a productive and expanding economy, and to encourage the flow of business and industry support to educational institutions. Therefore, the legislature finds that it is in the public interest of the state to encourage and facilitate the formation of cooperative relationships between business and industry and educational institutions which provide for the development and significant expansion of programs of skills training and education consistent with employment needs and to make interested individuals aware of the employment opportunities presented thereby. It is the policy of the state of Washington to ensure that programs of skill training are available on a regional basis and are utilized by a variety of businesses and industries.
[ 1983 1st ex.s. c 21 s 1.]
Notes:
Severability—1983 1st ex.s. c 21: "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." [ 1983 1st ex.s. c 21 s 12.]

catchline: Job skills program—Legislative declaration and policy.


title: RCW 28C.04.410

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28C.04.390 and 28C.04.420.
(1) "Applicant" means an educational institution which has made application for a job skills grant under RCW 28C.04.390 and 28C.04.420.
(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) "College board" means the state board for community and technical colleges under chapter 28B.50 RCW.
(4) "Dislocated worker" means an individual who meets the definition of dislocated worker contained in P.L. 113-128 Sec. 3.
(5) "Educational institution" means a public secondary or postsecondary institution, an independent institution, or a private career school or college 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 shall be free of sectarian control or influence as set forth in Article IX, section 4 of the state Constitution.
(6) "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.
(7) "Financial support" means any thing of value which is contributed by business, industry, and others to an educational institution which is reasonably calculated to support directly the development and expansion of a particular program under RCW 28C.04.390 and 28C.04.420 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.
(8) "Job skills grant" means funding that is provided to an educational institution by the college board for the development or significant expansion of a program under RCW 28C.04.390 and 28C.04.420.
(9) "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) Promotes the growth of industry clusters;
(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.
(10) "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.
[ 2017 c 39 s 2. Prior: 2009 c 554 s 1; 1999 c 121 s 2; 1983 1st ex.s. c 21 s 2.]
Notes:
Severability—1983 1st ex.s. c 21: See note following RCW 28C.04.400.

catchline: Job skills program—Definitions.


title: RCW 28C.04.420

text:
The college board 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 college board, and with the advice of the workforce training customer advisory committee established in RCW 28C.04.390, 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. The college board shall work in collaboration with the workforce training customer advisory committee established in RCW 28C.04.390 to assure that:
(1) 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;
(2) Provision has been made to use any available alternative funding from local, state, and federal sources;
(3) The job skills grant will only be used to cover the costs associated with the program;
(4) The program will not unnecessarily duplicate existing programs and could not be provided by another educational institution more effectively or efficiently;
(5) The program involves an area of skills training and education for which there is a demonstrable need;
(6) The applicant has made provisions for the use of existing federal and state resources for student financial assistance;
(7) 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;
(8) The program represents a collaborative partnership between business, industry, labor, educational institutions, and other partners, as appropriate;
(9)(a) The commitment of financial support from businesses with an annual gross business income of five hundred thousand dollars or more shall be equal to or greater than the amount of the requested job skills grant;
(b) The commitment of financial support from businesses with an annual gross business income of less than five hundred thousand dollars shall be at least equal to the trainees' salaries and benefits while in training;
(c) The annual gross business income shall be the income reported to the department of revenue for the previous fiscal year;
(10) The job skills program gives priority to applications:
(a) Proposing training that provides college credit or leads to a recognized industry credential;
(b) From firms in strategic industry clusters as identified by the state or local areas;
(c) Proposing coordination with other cluster-based programs or initiatives including, but not limited to, industry skill panels, centers of excellence, innovation partnership zones, state-supported cluster growth grants, and local cluster-based economic development initiatives;
(d) From consortia of colleges or consortia of employers; and
(e) Proposing increased capacity for educational institutions that can be made available to industry and students beyond the grant recipients;
(11) Binding commitments have been made to the college board by the applicant for adequate reporting of information and data regarding the program to the college board, 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 college board 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 college board and without limitation, right of access to financial and other records of the applicant directly related to the programs; and
(12) A 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 for the participation as trainees of low-income persons including temporary assistance for needy families recipients, dislocated workers, and persons from minority and economically disadvantaged groups to participate in the program.
Beginning January 1, 2014, and every year thereafter, the college board shall provide the legislature and the governor with a report describing the activities and outcomes of the state job skills program.
[ 2013 c 103 s 1; 2009 c 554 s 2; 1999 c 121 s 3; 1983 1st ex.s. c 21 s 4.]
Notes:
Severability—1983 1st ex.s. c 21: See note following RCW 28C.04.400.

catchline: Job skills program—Grants—Reports.


title: RCW 28C.04.520

text:
Every year community colleges, technical colleges, and high schools graduate students who have distinguished themselves by their outstanding performance in their occupational training programs. The legislature intends to recognize and honor these students by establishing a Washington award for vocational excellence.
[ 1995 1st sp.s. c 7 s 1; 1984 c 267 s 1.]
Notes:
Severability—1995 1st sp.s. c 7: "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." [ 1995 1st sp.s. c 7 s 9.]

catchline: Washington award for vocational excellence—Intent.


title: RCW 28C.04.525

text:
The Washington award for vocational excellence program is established. The purposes of this annual program are to:
(1) Maximize public awareness of the achievements, leadership ability, and community contributions of the students enrolled in occupational training programs in high schools, community colleges, and technical colleges;
(2) Emphasize the dignity of work in our society;
(3) Instill respect for those who become skilled in crafts and technology;
(4) Recognize the value of vocational education and its contribution to the economy of this state;
(5) Foster business, labor, and community involvement in vocational-technical training programs and in this award program; and
(6) Recognize the outstanding achievements of up to three vocational or technical students, at least two of whom should be graduating high school students, in each legislative district. Students who have completed at least one year of a vocational-technical program in a community college or public technical college may also be recognized.
[ 1995 1st sp.s. c 7 s 2; 1987 c 231 s 3; 1984 c 267 s 2.]
Notes:
Severability—1995 1st sp.s. c 7: See note following RCW 28C.04.520.
Effective date—1987 c 231 s 3: "Section 3 of this act shall take effect January 1, 1988." [ 1987 c 231 s 6.]

catchline: Washington award for vocational excellence—Establishment—Purposes.


title: RCW 28C.04.530

text:
(1) The workforce training and education coordinating board shall have the responsibility for the development and administration of the Washington award for vocational excellence program. The workforce training and education coordinating board 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 and technical colleges, the office of the superintendent of public instruction, a voluntary professional association of vocational educators, and representatives from business, labor, and industry.
(2) The workforce training and education coordinating board 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.
[ 1995 1st sp.s. c 7 s 3; 1987 c 231 s 2; 1984 c 267 s 3.]
Notes:
Severability—1995 1st sp.s. c 7: See note following RCW 28C.04.520.

catchline: Washington award for vocational excellence—Board's duties.


title: RCW 28C.04.535

text:
Except for the 2018-19, 2019-20, 2020-21, and 2026-27 school years, the Washington award for vocational excellence shall be granted annually. It is the intent of the legislature to continue the policy of not granting the Washington award for vocational excellence in the 2019-20, 2020-21, 2027-28, and 2028-29 school years. The workforce training and education coordinating board shall notify 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 workforce training and education coordinating board, 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 workforce training and education coordinating board in cooperation with the office of the governor.
[ 2025 c 424 s 929; 2019 c 415 s 955; 2017 3rd sp.s. c 1 s 960; 2015 3rd sp.s. c 4 s 948; 2013 2nd sp.s. c 4 s 964; 2011 1st sp.s. c 50 s 930; 1995 1st sp.s. c 7 s 4; 1984 c 267 s 4.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2019 c 415: See note following RCW 28B.20.476.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Severability—1995 1st sp.s. c 7: See note following RCW 28C.04.520.

catchline: Washington award for vocational excellence—Granted annually—Notice—Presentation.


title: RCW 28C.04.540

text:
The workforce training and education coordinating board 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 workforce training and education coordinating board shall encourage maximum participation from business, labor, and community groups. The workforce training and education coordinating board shall also coordinate, where feasible, the contribution activities of the various participants.
The workforce training and education coordinating board shall not make expenditures from funds collected under this section until February 15, 1985.
[ 1995 1st sp.s. c 7 s 5; 1984 c 267 s 5.]
Notes:
Severability—1995 1st sp.s. c 7: See note following RCW 28C.04.520.

catchline: Washington award for vocational excellence—Contributions.


title: RCW 28C.04.545

text:
(1) The respective governing boards of the public technical colleges shall provide fee waivers for a maximum of two years for those recipients of the Washington award for vocational excellence established under RCW 28C.04.520 through 28C.04.540 who received the award before June 30, 1994. To qualify for the waiver, recipients shall enter the public technical college within three years of receiving the award. An above average rating at the technical college in the first year shall be required to qualify for the second-year waiver.
(2) Students named by the workforce training and education coordinating board after June 30, 1994, as recipients of the Washington award for vocational excellence under RCW 28C.04.520 through 28C.04.550 shall be eligible to receive a grant for undergraduate coursework as authorized under RCW 28B.76.670.
(3)(a) Beginning with awards made during the 1998-99 academic year, recipients must complete using the award before the fall term in the sixth year following the date of the award. For these recipients, eligibility for the award is forfeited after this period.
(b) All persons awarded a Washington award for vocational excellence before the 1995-96 academic year and who have remaining eligibility on April 19, 1999, must complete using the award before September 2002. For these recipients, eligibility for the award is forfeited after this period.
(c) All persons awarded a Washington award for vocational excellence during the 1995-96, 1996-97, and 1997-98 academic years must complete using the award before September 2005. For these recipients, eligibility for the award is forfeited after this period.
[ 2004 c 275 s 61; 1999 c 28 s 1; 1995 1st sp.s. c 7 s 6; 1987 c 231 s 4; 1984 c 267 s 7.]
Notes:
Part headings not law—2004 c 275: See note following RCW 28B.76.090.
Effective date—1999 c 28: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 19, 1999]." [ 1999 c 28 s 2.]
Severability—1995 1st sp.s. c 7: See note following RCW 28C.04.520.

catchline: Washington award for vocational excellence—Fee waivers—Grants.


title: RCW 28C.04.550

text:
The Washington award for vocational excellence shall be effective commencing with the 1984-85 academic year.
[ 1987 c 505 s 16; 1984 c 267 s 8.]

catchline: Washington award for vocational excellence—When effective.


title: RCW 28C.04.600

text:
Each publicly operated vocational school shall make information available to all newly matriculated students on methods of transmission of the human immunodeficiency virus and prevention of acquired immunodeficiency syndrome. The curricula and materials shall be reviewed for medical accuracy by the office on AIDS in coordination with the appropriate regional AIDS service network.
[ 1988 c 206 s 503.]

catchline: AIDS information—Vocational schools.


title: RCW 28C.10.010

text:
It is the intent of this chapter to protect against practices by private vocational schools which are false, deceptive, misleading, or unfair, and to help ensure adequate educational quality at private vocational schools.
[ 1986 c 299 s 1.]

catchline: Intent.


title: RCW 28C.10.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means the workforce training and education coordinating board.
(2) "Agent" means a person owning an interest in, employed by, or representing for remuneration a private vocational school within or without this state, who enrolls or personally attempts to secure the enrollment in a private vocational school of a resident of this state, offers to award educational credentials for remuneration on behalf of a private vocational school, or holds himself or herself out to residents of this state as representing a private vocational school for any of these purposes.
(3) "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 an academic program of study beyond the secondary school level.
(4) "Education" includes but is not limited to, any class, course, or program of training, instruction, or study.
(5) "Educational credentials" means degrees, diplomas, certificates, transcripts, reports, or documents, that signify satisfactory completion of the requirements or prerequisites for any educational program.
(6) "Entity" includes, but is not limited to, a person, company, firm, society, association, partnership, corporation, or trust.
(7) "Private vocational school" means any location where an entity is offering postsecondary education in any form or manner for the purpose of instructing, training, or preparing persons for any vocation or profession.
(8) "Probation" means the agency has officially notified a private vocational school in writing that the school or a program offered by the school has been identified by the agency as at risk and has deficiencies that must be corrected within a specified time period.
(9) "Program" means a sequence of approved subjects offered by a school that teaches skills and fundamental knowledge required for employment in a particular occupation.
(10) "To grant" includes to award, issue, sell, confer, bestow, or give.
(11) "To offer" includes, in addition to its usual meanings, to advertise or publicize. "To offer" also means to solicit or encourage any person, directly or indirectly, to perform the act described.
(12) "To operate" means to establish, keep, or maintain any facility or location where, from, or through which education is offered or educational credentials are offered or granted to residents of this state, and includes contracting for the performance of any such act.
[ 2007 c 462 s 1; 1993 c 445 s 1; 1991 c 238 s 81; 1990 c 188 s 5; 1986 c 299 s 2.]
Notes:
Severability—1990 c 188: "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." [ 1990 c 188 s 14.]

catchline: Definitions.


title: RCW 28C.10.030

text:
This chapter does not apply to:
(1) Bona fide trade, business, professional, or fraternal organizations conducting educational programs primarily for that organization's membership or offered by that organization on a no-fee basis;
(2) Entities offering education that is exclusively avocational or recreational;
(3) Education not requiring payment of money or other consideration if this education is not advertised or promoted as leading toward educational credentials;
(4) Entities that are established, operated, and governed by this state or its political subdivisions under Title 28A or 28B RCW or this title;
(5) Degree-granting programs in compliance with the rules of the student achievement council;
(6) Any other entity to the extent that it has been exempted from some or all of the provisions of this chapter under RCW 28C.10.100;
(7) Entities not otherwise exempt that are of a religious character, but only as to those educational programs exclusively devoted to religious or theological objectives and represented accurately in institutional catalogs or other official publications;
(8) Entities offering only courses certified by the federal aviation administration;
(9) Barber and cosmetology schools licensed under chapter 18.16 RCW;
(10) Entities which only offer courses approved to meet the continuing education requirements for licensure under chapter 18.04, 18.79, or 48.17 RCW; and
(11) Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days.
[ 2014 c 11 s 1; 2012 c 229 s 576; 1994 sp.s. c 9 s 723; 1990 c 188 s 6; 1986 c 299 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.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1990 c 188: See note following RCW 28C.10.020.

catchline: Application of chapter.


title: RCW 28C.10.040

text:
The agency:
(1) Shall maintain a list of private vocational schools licensed under this chapter;
(2) Shall adopt rules in accordance with chapter 34.05 RCW to carry out this chapter;
(3) May investigate any entity the agency reasonably believes to be subject to the jurisdiction of this chapter. In connection with the investigation, the agency 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 agency deems relevant or material to the investigation. The agency, including its staff and any other authorized persons, may conduct site inspections and examine records of all schools subject to this chapter;
(4) Shall develop an interagency agreement with the student achievement council to regulate degree-granting private vocational schools with respect to degree and nondegree programs.
[ 2012 c 229 s 577; 1994 c 38 s 5; 1986 c 299 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: Agency's duties—Rules—Investigations—Interagency agreements about degree and nondegree programs.


title: RCW 28C.10.050

text:
(1) The agency shall adopt by rule minimum standards for entities operating private vocational schools. The minimum standards shall include, but not be limited to, requirements to assess whether a private vocational school is eligible to obtain and maintain a license in this state.
(2) The requirements adopted by the agency shall, at a minimum, require a private vocational school to:
(a) Disclose to the agency information about its ownership and financial position and demonstrate to the agency that the school is financially viable and responsible and that it has sufficient financial resources to fulfill its commitments to students. Financial disclosures provided to the agency shall not be subject to public disclosure under chapter 42.56 RCW;
(b) Follow a uniform statewide cancellation and refund policy as specified by the agency;
(c) Disclose through use of a school catalog, website, brochure, or other written material, necessary information to students so that students may make informed enrollment decisions. The agency shall specify what data and information are required. To the extent that these websites or materials present any data on the completion rates, employment rates, loan or indebtedness metrics, and its graduates' median hourly and annual earnings for any of the private vocational schools or its programs, the posted data must be consistent with the data posted on the agency's career bridge website or the data posted by the United States department of education, if the agency or the department of education has posted such data. Nothing in this subsection requires the agency to make changes to the career bridge website or add new elements or features to the career bridge website;
(d) Use an enrollment contract or agreement that includes: (i) The school's cancellation and refund policy, (ii) a brief statement that the school is licensed under this chapter and that inquiries, concerns, or complaints may be made to the agency, and (iii) other necessary information as determined by the agency;
(e) Describe accurately and completely in writing to students before their enrollment prerequisites and requirements for (i) completing successfully the programs of study in which they are interested and (ii) qualifying for the fields of employment for which their education is designed;
(f) Comply with the requirements of RCW 28C.10.084;
(g) Assess the basic skills and relevant aptitudes of each potential student to determine that a potential student has the basic skills and relevant aptitudes necessary to complete and benefit from the program in which the student plans to enroll, including but not limited to administering a United States department of education-approved English as a second language exam before enrolling students for whom English is a second language unless the students provide proof of graduation from a United States high school or proof of completion of a high school equivalency certificate as provided in RCW 28B.50.536 in English or results of another academic assessment determined appropriate by the agency. Guidelines for such assessments shall be developed by the agency, in consultation with the schools;
(h) Discuss with each potential student the potential student's obligations in signing any enrollment contract and/or incurring any debt for educational purposes. The discussion shall include the inadvisability of acquiring an excessive educational debt burden that will be difficult to repay given employment opportunities and average starting salaries in the potential student's chosen occupation;
(i) Ensure that any enrollment contract between the private vocational school and its students has an attachment in a format provided by the agency. The attachment shall be signed by both the school and the student. The attachment shall stipulate that the school has complied with (h) of this subsection and that the student understands and accepts his or her responsibilities in signing any enrollment contract or debt application. The attachment shall also stipulate that the enrollment contract shall not be binding for at least five days, excluding Sundays and holidays, following signature of the enrollment contract by both parties;
(j) Comply with the requirements related to qualifications of administrators and instructors; and
(k) Disclose to the agency regarding any pending investigations by an oversight entity, including the nature of that investigation, within thirty days of the school'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 school 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.
(3) A private vocational school that has at least one hundred fifty students or more in the state during any given year, or that has been operating in the state for less than two consecutive years, or that has not had at least one of its programs recognized by the agency as an eligible training provider for at least two consecutive years, may 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 agency that the student has exhausted all federal aid options and has been denied noninstitutional private commercial loan products. A financial benefit for purposes of this subsection 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, "agent" means any employee, officer, or contractor working on behalf of the institution.
(4) The agency may deny a private vocational school's application for licensure if the school fails to meet the requirements in this section.
(5) The agency may determine that a licensed private vocational school or a particular program of a private vocational school is at risk of closure or termination if:
(a) There is a pattern or history of substantiated student complaints filed with the agency pursuant to RCW 28C.10.120; or
(b) The private vocational school fails to meet minimum licensing requirements and has a pattern or history of failing to meet the minimum requirements.
(6) If the agency determines that a private vocational school or a particular program is at risk of closure or termination, the agency shall require the school to take corrective action.
[ 2018 c 203 s 6; 2014 c 11 s 2; 2013 c 39 s 15; 2007 c 462 s 2; 2005 c 274 s 247; 2001 c 23 s 1; 1990 c 188 s 7; 1987 c 459 s 3; 1986 c 299 s 5.]
Notes:
Finding—Intent—2018 c 203: See note following RCW 28B.85.095.
Severability—1990 c 188: See note following RCW 28C.10.020.

catchline: Minimum standards—Consumer student loan products—Denial of application for licensure—Determination that school or program is at risk of closure or termination.


title: RCW 28C.10.060

text:
Any entity desiring to operate a private vocational school shall apply for a license to the agency on a form provided by the agency. The agency shall issue a license if the school:
(1) Files a completed application with information satisfactory to the agency. Misrepresentation by an applicant shall be grounds for the agency, at its discretion, to deny or revoke a license.
(2) Complies with the requirements for the tuition recovery trust fund under RCW 28C.10.084.
(3) Pays the required fees.
(4) Meets the minimum standards adopted by the agency under RCW 28C.10.050.
Licenses shall be valid for one year from the date of issue unless revoked or suspended. If a school fails to file a completed renewal application at least thirty days before the expiration date of its current license the school shall be subject to payment of a late filing fee fixed by the agency.
[ 2014 c 11 s 3; 1987 c 459 s 4; 1986 c 299 s 6.]

catchline: Licenses—Requirements—Renewal.


title: RCW 28C.10.070

text:
The agency shall establish fees by rule at a level necessary to approximately recover the staffing costs incurred in administering this chapter. All fees collected under this section shall be deposited in the state general fund.
[ 1986 c 299 s 7.]

catchline: Fees.


title: RCW 28C.10.082

text:
The tuition recovery trust fund is hereby established in the custody of the state treasurer. The agency shall deposit in the fund all moneys received under RCW 28C.10.084. Moneys in the fund may be spent only for the purposes under RCW 28C.10.084. Disbursements from the fund shall be on authorization of the agency. Disbursements from the fund shall only be used to reimburse students who are Washington state residents, or agencies or businesses that pay tuition and fees on behalf of Washington students. During the 2013-2015 fiscal biennium, the legislature may transfer from the tuition recovery trust fund to the state general fund such amounts as reflect the excess fund balance in the fund. During the 2025-2027 fiscal biennium, moneys in the fund may also be used to cover the costs associated with the agency's administration, including private vocational school licensing and the veterans program. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
[ 2025 c 424 s 930; 2014 c 11 s 4; 2013 2nd sp.s. c 4 s 965; 1991 sp.s. c 13 s 85; 1987 c 459 s 2.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Tuition recovery trust fund—Established.


title: RCW 28C.10.084

text:
(1) The agency shall establish, maintain, and administer a tuition recovery trust fund. All funds collected for the tuition recovery trust fund are payable to the state for the benefit and protection of any student or enrollee of a private vocational school licensed under this chapter, in the case of a minor, his or her parents or guardian, or an agency or business that paid tuition and fees on behalf of Washington state students, for purposes including but not limited to the settlement of claims related to school closures under subsection (10) of this section and the settlement of claims under RCW 28C.10.120. The fund shall be liable for settlement of claims and costs of administration but shall not be liable to pay out or recover penalties assessed under RCW 28C.10.130 or 28C.10.140. No liability accrues to the state of Washington from claims made against the fund.
(2) By June 30, 1998, a minimum operating balance of one million dollars shall be achieved in the fund and maintained thereafter. If disbursements reduce the operating balance below two hundred thousand dollars at any time before June 30, 1998, or below one million dollars thereafter, each participating owner shall be assessed a pro rata share of the deficiency created, based upon the incremental scale created under subsection (6) of this section for each private vocational school. The agency shall adopt schedules of times and amounts for effecting payments of assessment.
(3) In order for a private vocational school to be and remain licensed under this chapter each owner shall, in addition to other requirements under this chapter, make cash deposits on behalf of the school into a tuition recovery trust fund as a means to assure payment of claims brought under this chapter.
(4) The amount of liability that can be satisfied by this fund on behalf of each private vocational school licensed under this chapter shall be the amount of unearned prepaid tuition and fees. If the claimant provides evidence to the agency of the lack of availability to continue his or her program of study at another institution, the agency's executive director or the executive director's designee has the authority to reimburse the student, agency, or business up to the full value of tuition and fees paid to date, subject to subsection (10) of this section. The agency may use the fund to pay for prior learning assessments for students who choose to attend another institution.
(5) The fund's liability with respect to each participating private vocational school commences on the date of the initial deposit into the fund made on its behalf and ceases one year from the date the school is no longer licensed under this chapter.
(6) The agency shall adopt by rule a matrix for calculating the deposits into the fund on behalf of each vocational school. Proration shall be determined by factoring the school's share of liability in proportion to the aggregated liability of all participants under the fund by grouping such prorations under the incremental scale created by subsection (4) of this section. Expressed as a percentage of the total liability, that figure determines the amount to be contributed when factored into a fund containing one million dollars. The total amount of its prorated share, minus the amount paid for initial capitalization, shall be payable in up to twenty increments over a ten-year period, commencing with the sixth month after the initial capitalization deposit has been made on behalf of the school. Additionally, the agency shall require deposits for initial capitalization, under which the amount each owner deposits is proportionate to the school's share of two hundred thousand dollars, employing the matrix developed under this subsection.
(7) No vested right or interests in deposited funds is created or implied for the depositor, either at any time during the operation of the fund or at any such future time that the fund may be dissolved. All funds deposited are payable to the state for the purposes described under this section. The agency shall maintain the fund, serve appropriate notices to affected owners when scheduled deposits are due, collect deposits, and make disbursements to settle claims against the fund. When the aggregated deposits total five million dollars and the history of disbursements justifies such modifications, the agency may at its own option reduce the schedule of deposits whether as to time, amount, or both and the agency may also entertain proposals from among the licensees with regard to disbursing surplus funds for such purposes as vocational scholarships.
(8) Based on annual financial data supplied by the owner, the agency shall determine whether the increment assigned to that private vocational school on the incremental scale established under subsection (6) of this section has changed. If an increase or decrease in gross annual tuition income has occurred, a corresponding change in the school's incremental position and contribution schedule shall be made before the date of the owner's next scheduled deposit into the fund. Such adjustments shall only be calculated and applied annually.
(9) If the majority ownership interest in a private vocational school is conveyed through sale or other means into different ownership, all contributions made to the date of transfer remain in the fund. The new owner shall continue to make contributions to the fund until the original ten-year cycle is completed. All tuition recovery trust fund contributions shall remain with the private vocational school transferred, and no additional cash deposits may be required beyond the original ten-year contribution cycle.
(10)(a) To settle claims adjudicated under RCW 28C.10.120 and claims resulting when a private vocational school ceases to provide educational services, the agency may make disbursements from the fund. Students enrolled under a training contract executed between a school and a public or private agency or business are not eligible to make a claim against the fund until January 1, 2016.
(b) In addition to the processes described for making reimbursements related to claims under RCW 28C.10.120, the following procedures are established to deal with reimbursements related to school closures:
(i) The agency shall attempt to notify all potential claimants. The unavailability of records and other circumstances surrounding a school closure may make it impossible or unreasonable for the agency to ascertain the names and whereabouts of each potential claimant but the agency shall make reasonable inquiries to secure that information from all likely sources. The agency shall then proceed to settle the claims on the basis of information in its possession. The agency is not responsible or liable for claims or for handling claims that may subsequently appear or be discovered.
(ii) Thirty days after identified potential claimants have been notified, if a claimant refuses or neglects to file a claim verification as requested in such notice, the agency may be relieved of further duty or action on behalf of the claimant under this chapter. The executive director of the agency or the executive director's designee will determine if an exemption to the thirty days shall be granted if the claimant furnishes proof of an extraordinary or exigent circumstance.
(iii) After verification and review, the agency may disburse funds from the tuition recovery trust fund to settle or compromise the claims for an amount up to the value of unearned prepaid tuition and fees. If the claimant provides evidence to the agency of the lack of availability to continue his or her program of study at another institution, the agency's executive director or the executive director's designee has the authority to reimburse the student, agency, or business up to the full value of tuition and fees paid to date, subject to (a) of this subsection. The agency may use the fund to pay for prior learning assessments for students who choose to attend another institution.
(iv) In the instance of claims against a closed school, the agency shall seek to recover such disbursed funds from the assets of the defaulted owner, including but not limited to asserting claims as a creditor in bankruptcy proceedings.
(11) When funds are disbursed to settle claims against a licensed private vocational school, the agency shall make demand upon the owner for recovery. The agency shall adopt schedules of times and amounts for effecting recoveries. An owner's failure to perform subjects the school's license to suspension or revocation under *RCW 28C.10.050 in addition to any other available remedies.
(12) For purposes of this section, "owner" includes, but is not limited to, a person, company, firm, society, association, partnership, corporation, or trust having a controlling ownership interest in a private vocational school.
[ 2014 c 11 s 5; 2001 c 23 s 2; 1999 c 321 s 3; 1993 c 445 s 2; 1990 c 188 s 8; 1987 c 459 s 1.]
Notes:
*Reviser's note: The suspension and revocation provisions of RCW 28C.10.050 were eliminated by 2007 c 462 s 2.
Intent—1999 c 321: See note following RCW 28B.15.100.
Severability—1990 c 188: See note following RCW 28C.10.020.

catchline: Tuition recovery trust fund—Operation—Liability—Claims.


title: RCW 28C.10.090

text:
A private vocational school, whether located in this state or outside of this state, shall not conduct business of any kind, make any offers, advertise or solicit, or enter into any contracts unless the private vocational school is licensed under this chapter.
[ 1986 c 299 s 9.]

catchline: Actions prohibited without license.


title: RCW 28C.10.100

text:
The executive director of the agency may suspend or modify any of the requirements under this chapter in a particular case if the agency 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.
[ 1986 c 299 s 10.]

catchline: Suspension or modification of requirements of chapter.


title: RCW 28C.10.110

text:
(1) It is a violation of this chapter for an entity operating a private vocational school to engage in an unfair business practice. The agency may deny, revoke, or suspend the license of any entity that is found to have engaged in a substantial number of unfair business practices or that has engaged in significant unfair business practices.
(2) It is an unfair business practice for an entity operating a private vocational school or an agent employed by a private vocational school to:
(a) Fail to comply with the terms of a student enrollment contract or agreement;
(b) Use an enrollment contract form, catalog, brochure, or similar written material affecting the terms and conditions of student enrollment other than that previously submitted to the agency and authorized for use;
(c) Advertise in the help wanted section of a newspaper or otherwise represent falsely, directly or by implication, that the school is an employment agency, is making an offer of employment or otherwise is attempting to conceal the fact that what is being represented are course offerings of a school;
(d) Represent falsely, directly or by implication, that an educational program is approved by a particular industry or that successful completion of the program qualifies a student for admission to a labor union or similar organization or for the receipt of a state license in any business, occupation, or profession;
(e) Represent falsely, directly or by implication, that a student who successfully completes a course or program of instruction may transfer credit for the course or program to any institution of higher education;
(f) Represent falsely, directly or by implication, in advertising or in any other manner, the school's size, location, facilities, equipment, faculty qualifications, number of faculty, or the extent or nature of any approval received from an accrediting association;
(g) Represent that the school is approved, recommended, or endorsed by the state of Washington or by the agency, except the fact that the school is authorized to operate under this chapter may be stated;
(h) Provide prospective students with: Any testimonial, endorsement, or other information that a reasonable person would find likely to mislead or deceive prospective students or the public, including those regarding current practices of the school; information regarding rates of completion or postgraduation employment by industry, or its graduates' median hourly or annual earnings, that is not consistent with the presentation of data as established under RCW 28C.10.050(2)(c); current conditions for employment opportunities; postgraduation employment by industry or probable earnings in the occupation for which the education was designed; total cost to obtain a diploma or certificate; the acceptance of a diploma or certificate by employers as a qualification for employment; the acceptance of courses, a diploma, or certificate by higher education institutions; the likelihood of obtaining financial aid or low-interest loans for tuition; and the ability of graduates to repay loans;
(i) Designate or refer to sales representatives as "counselors," "advisors," or similar terms which have the tendency to mislead or deceive prospective students or the public regarding the authority or qualifications of the sales representatives;
(j) Make or cause to be made any statement or representation in connection with the offering of education if the school or agent knows or reasonably should have known the statement or representation to be false, substantially inaccurate, or misleading;
(k) Engage in methods of advertising, sales, collection, credit, or other business practices which are false, deceptive, misleading, or unfair, as determined by the agency by rule;
(l) Attempt to recruit students in or within forty feet of a building that contains a welfare or unemployment office. Recruiting includes, but is not limited to canvassing and surveying. Recruiting does not include leaving materials at or near an office for a person to pick up of his or her own accord, or handing a brochure or leaflet to a person provided that no attempt is made to obtain a name, address, telephone number, or other data, or to otherwise actively pursue the enrollment of the individual;
(m) Violate RCW 28C.10.050(3) regarding the sale of, or inducing of students to obtain, specific consumer student loan products; or
(n) Use any official United States military logos in advertising or promotional materials.
[ 2018 c 203 s 7; 2014 c 11 s 6; 2001 c 23 s 3; 1990 c 188 s 9; 1986 c 299 s 11.]
Notes:
Finding—Intent—2018 c 203: See note following RCW 28B.85.095.
Severability—1990 c 188: See note following RCW 28C.10.020.

catchline: Unfair business practices.