SB 5194 — Providing for equity and access in the community and technical colleges.

(b) DedicatedAcademic advising and career counselingplanning; that helps students make informed program choices and develop completion plans.

Advising(c) servicesBasic mustfinancial includeliteracy processesand thatinformation helpand studentsrequirements explorefor possiblefinancial careeraid, including student loan programs and educationaldebt, choicesparticularly whilefor alsostudents emphasizingfrom earlycultural planning.or economic backgrounds with limited knowledge of student loans and debt;

Advising(d) mustAcclimating bestudents culturallyto competentthe andinstitution's withcampus, anresources, emphasisservices, onand helpingculture, historicallyincluding underserved,the low-income,expectations and studentsdemands of colorpostsecondary navigate their education;

(c)(e) DataTutoring analyticsor thatpeer measuretutoring; student learning as well as program and service outcomes.

Data(f) mustCohort-based beprograms; used to inform program development, the creation and further refinement of student pathways, and to provide opportunities for early intervention to help students succeed;

and (d)(g) APeer studentmentorship; success support infrastructure using programs that the state board for community and technical colleges finds have been effective in closing equity gaps among historically underserved student populations and improve student completion rates.

The(2) studentAn successevidence-based supportremedial programprogram, mustsuch beas basedthe onintegrated researchbasic oreducation documentedand evidenceskills oftraining successprogram, atfor institutionsthose students with comparableremedial studentmathematics p.or English education needs.

4The SSBremedial 5194program populations.may include elements of:

In(a) tandemTeam withteaching; guided pathways implementation, student success support programs may include evidence-based elements such as:

(i)(b) EquityMixed competentbasic academicskills advisingand services;college-level curriculum;

(ii)(c) EquityAccelerated competentbasic careerskills developmentcurriculum; programming;

(iii)and Clear(d) informationFlipped regardingclassroom financialinstruction; aid and financial literacy;

and(3) (iv)Subject Inclusiveto curriculumthe andavailability teachingof practices.amounts appropriated for this specific purpose, the guided pathways program;

(2)(a)(4) TheAdvising Washingtonprograms statefor institutestudents forreceiving publicstate policyor shallfederal completeneed angrant evaluationaid ofthat includes the guidedfollowing pathwaysstaff model.persons who are dedicated solely to the program:

Top. the extent possible, the institute shall complete a preliminary report that evaluates the effect of the guided pathways model on early student outcomes including, but not limited to, student retention and persistence, college remediation, and science, technology, engineering, and mathematics coursework.

The5 preliminarySB report5194 must(a) reviewA theprogram implementationdirector ofto theoversee, guidedtrain, pathwaysand modelcoordinate inprogram Washingtonstaff and anyfaculty, availablein evidenceaddition ofto theleading effectivenessefforts ofon theevaluation guidedand pathwaysdata model.collection;

The(b) preliminaryA reportprogram mustadvisor beor submittedadvisors, bywho Decembereach 15,shall: 2023.

(b)(i) TheHave Washington state institute for public policy shall complete a finalmaximum reportcaseload that evaluates the effect of the150 guidedstudents pathwaysand onwhose longer-termcaseloads studentare outcomesmade including,up butof notonly limitedstudents to,participating degreein completion, time to degree, transfer to four-year institutions, employment, and earnings, to the extentprogram; possible.

The(ii) finalMeet reportwith mustprogram bestudents submittedat byleast Decemberonce 15,per 2029.month throughout the students' time in the program;

(c)and Both(iii) theCommunicate preliminary and finalcoordinate reportswith mustfaculty considerregarding differencesprogram instudents' outcomesprogress; by racial and ethnic subgroups and socioeconomic status.

(c) A career and employment specialist to work with program students individually and in groups to:

(i) Facilitate career exploration, awareness, and preparation;

(ii) Assist students with finding immediate employment compatible with their course schedules;

and (iii) Encourage networking and internship opportunities;

(5) In addition to dedicated program staff:

(a) Adequate numbers of tutors that are available for program students with remedial needs who are required to attend tutoring and for other program students who may voluntarily seek academic assistance;

or (b) Expanded use of integrated remedial and workforce or academic learning using the state board for community and technical colleges' integrated basic education and skills training program model.

(1) By JulyDecember 1, 2023, each community and technical college shall establish a faculty diversity program designed to provide for the retention and recruitment of faculty from diverse racial, ethnic, and cultural backgrounds.

In developing the standards, the state board for community and technical colleges must also consider model faculty diversity programs from other institutions, including recommended methods for mentoring students, staff, and members of the p.

56 SSBSB 5194 state board for community and technical colleges must also consider model faculty diversity programs from other institutions, including recommended methods for mentoring students, staff, and members of the community to become faculty in the system.

(3) AsSubject partto of the assessmentavailability requirementsof inamounts sectionappropriated 3(5)for of this act,specific purpose, the state board for community and technical colleges shall reportgrant to theeach state board for community and technical collegescollege an annual assessmentgrant not to exceed $150,000 to be used exclusively for the purpose of progressdeveloping towardand administering faculty diversity goals.programs required under this section.

(4) Each community and technical college shall report to the state board for community and technical colleges an annual assessment of progress toward faculty diversity goals.

(1) By December 31, 2023, and except as provided in subsection (3) of this section, the state board for community and technical colleges must create a plan to achieve a systemwide ratio, determined by employee headcount, of full-time, tenure-track faculty to nontenure-track faculty of at least 70 percent and establish equal-pay-for-equal-work for all faculty members by the end of the 2030-31 academic year.

Except as provided in subsection (2) of this section, the plan must be implemented in phases, with the first phase-in of the plan to begin in the fall quarter of 2024.

(2) The planfirst must:priority for the plans must be the faculty in programs that provide basic education for adults.

The required 70 percent ratio of full-time to part-time faculty for instructors in the basic education for adults program must be achieved by the 2026 academic year.

(3) The plan must:

create new, full-time tenure-track faculty positions and more opportunitiesp. for nontenure-track faculty;

include7 anSB assessment5194 ofopportunities thefor totalnontenure-track costfaculty; necessary to meet the goals identified in the plan;

(3)(4) The planstate mayboard suggestfor acommunity goaland technical colleges shall report to the higher education committees of lessthe thanlegislature 70by percentDecember tenure-1, track2024, facultyand afterby consultationDecember with1st stakeholders.every two years thereafter until 2030 regarding phase-in of the systemwide plan required by this section and information regarding the systemwide plan and each college's progress in achieving the plan.

If the recommended goal is less than 70 percent, the state board for p.

6 SSB 5194 community and technical colleges must identify how a lower threshold of tenure-track faculty will assist the system in meeting the educational needs of students, goals for improved student success, and ensuring equitable outcomes.

(4) The state board for community and technical colleges shall include implementation funding for the plan as part of the budget submittal to the office of financial management for the 2023-25 biennial budget.

(1)COUNSELOR SubjectSTAFFING. to the availability of amounts appropriated for this specific purpose, the college board shall administer a pilot program to increase student access to mental health counseling and services.

(2)(1) TheBeginning collegethe board,fall inacademic collaborationquarter withof the2021, selectionevery committee,community shalland selecttechnical eightcollege communitymust orhave technicaland collegesmaintain toa participatestaffing inratio theof pilotno program,more withthan half900 ofaid-eligible thestudents participatingto collegesone locatedfull-time outsideequivalent offaculty counselor, based on the Pugetprevious Soundfall area.quarter's unduplicated student head count.

Each(2) participatingThe collegeratio mustrequired receiveunder athis grantsection toapplies implement one or more strategies to increasecounselor studentpositions accessthat toare mentalstate-funded. health counseling and services, including substance abuse disorder counseling and services.

(3)(a)Counselor Apositions selectionthat committeeare consistingfunded ofby thesources followingother shallthan assiststate withfunds may not be counted when determining if a community or technical college has met the applicationstudent-to-counselor selectionratio process:requirement.

(i)(3) OneThe state board for community orand technical collegecolleges president;shall include data on each community and technical college's student-to- counselor ratio in its annual fall quarter enrollment and staffing report.

(ii)(4) OneThe communityrequirements orand technicalstandards imposed through this subsection shall not apply to an individual employed by a college vicedistrict presidentas fora studentcounselor servicesbefore orthe studenteffective instruction;date of this section.

(iii)(5) TwoFor facultypurposes counselorsof employedthis atsection, athe communityfollowing ordefinitions technicalapply: college;

and(a) (iv)"Aid-eligible Onestudent" communitymeans ora technicalstudent who qualifies for the federal Pell grant, Washington college student.grant, or college bound scholarship.

(b) The selection committee may consult with representatives of an entity within the University of Washington school of social work that has expertise in suicide prevention and the department of health in developing selection criteria.

78 SSBSB 5194 (4)(b) Community"Counselor" andmeans technicalpersons collegeswho wishingmeet tominimum participatestandards inestablished by the pilotstate programboard shallfor applycommunity toand thetechnical collegecolleges. board.

ApplicantsFor thatthe demonstratepurposes aof partnershipcounselors withemployed externalunder communitythis providerssection, mustthese beminimum prioritized,standards includingmust thoseinclude: who provide crisis services and substance use disorder treatment and counseling.

In(i) addition,A applicationsgraduate that demonstrate plans to include one or moreprofessional ofdegree thefrom followinga strategiesregionally recommendedaccredited byinstitution thein communitycounseling andpsychology, technicalschool collegecounseling, counselorsclinical tasksocial forcework, mustor bea prioritized:related field;

(a)(ii) ImproveCompletion equity,of diversity,appropriate andgraduate inclusioncoursework inwith counselingcontent services,covering suchassessment asand bytesting, diversifyingcareer thecounseling, counselorcrisis workforceintervention byand adoptingmanagement, equity-centeredlegal recruiting,and training,ethical andissues retentionin practicescounseling, orlifespan bydevelopment, providingmulticultural equitycounseling, trainingtheories andof awarenesscounseling, forand alltreatment counselors;planning;

(b)and Meet(iii) mentalCompletion healthof needsa ofsupervised studentspracticum throughand aninternship all-campusat effort;the graduate level.

(c) Engage students to help increase mental health and counseling awareness and promote help-seeking behavior through student groups and other methods;

(d) Increase the visibility of counseling services on campus;

(e) Increase or expand external partnerships with community service providers;

(f) Adopt the use of telebehavioral health, especially in under resourced communities;

(g) Develop an assessment of counseling services to inform improvements and ensure counseling services are meeting student needs;

or (h) Implement counseling approaches grounded in theory that have evidence of being effective.

(5) Colleges selected to participate in the pilot program shall submit a joint report to the appropriate committees of the legislature and in accordance with RCW 43.01.036 by November 1, 2023.

The report must include:

(a) Information on which colleges were selected for the pilot program, how much grant funding was received per college, and what strategies each implemented to increase student access to mental health counseling and services;

(b) Demographic data of students accessing mental health counseling and services, including those students who are considered underrepresented or traditionally have limited access to mental health counseling and services;

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8 SSB 5194 (c) Whether the mental health counseling and services provided are meeting the demand of students in terms of type and availability, and whether mental health needs are served by a community partnership versus on-campus services;

(d) Information and data on the effectiveness of each strategy used to increase student access to mental health counseling and services, including substance abuse disorder counseling and services, such as the number of additional students served, reduced wait times for counseling appointments, or other data that reflects expanded access;

and (e) Lessons learned and recommendations for improving student access to mental health counseling and services at community and technical colleges, including whether there were any strategies implemented that proved more effective than others in increasing access.

(6) For purposes of this section, the definitions in RCW 28B.50.030 apply.

(7) The pilot program expires July 1, 2025.

(8) This section expires January 1, 2026.

MINIMUMFINDINGS. COUNSELOR STANDARDS.

(1)The It is the intent of the legislature tofinds providethat clearchild minimumcare standardsis toa ensuresignificant qualifiedneed facultyof counselorsstudents while also providing flexibility to allow for differences in criteriathe requiredcommunity byand hiringtechnical institutions.colleges.

FacultyThe counselorneed responsibilitiesfor maychild includecare meetingis thea mentalbarrier healththat needsprevents ofstudents students,from crisisentering intervention,the system and providingcontributes associatedto the low student supportcompletion functions.rate.

BeginningNEW SeptemberSECTION. 1, 2021, the minimum hiring standards for a counselor must include:

(a) A graduate or professional degree from a regionally accredited institution in counseling psychology, school counseling, clinical social work, or a related field;

(b) Completion of appropriate graduate coursework with content covering assessment and testing, career counseling, crisis intervention and management, legal and ethical issues in counseling, lifespan development, multicultural counseling, theories of counseling, and treatment planning;

(c) Completion of a supervised practicum and internship at the graduate level;

and (d) Standards established by the state board for community and technical colleges.

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9 SSB 5194 (2) The state board for community and technical colleges may develop a process for hiring faculty counselors who do not meet the minimum standards provided in this section if the faculty counselor agrees to meet these requirements within two years from the date of first hire.

(3) The requirements and standards imposed through this section do not apply to an individual employed by a college district as a counselor before September 1, 2021.

Counselors who began employment at one college district prior to September 1, 2021, and moved employment to a different college district after that date may carry the exemptions from the requirements and standards imposed through this section to their new place of employment.

A new section is added to chapter 28B.50 RCW to read as follows:

CHILDCARE SERVICES.

(1) The state board for community and technical colleges, after consultation with the student achievement council and the department of children, youth, and families, shall design a program to help both full-time and part-time students to access child care services and to assist eligible students to qualify for child care subsidies.

(2) Subject to the availability of amounts appropriated for this specific purpose, by December 31, 2021, the state board for community and technical colleges shall conduct a comprehensive survey of the child care needs of students, employees, and faculty in the community and technical colleges and to report their findings to the legislature, along with recommendations to improve access to child care subsidies and services.

The recommendations developed pursuant to this subsection must include recommendations concerning how to achieve access to quality and affordable child care for all community and technical college students, faculty, and staff.

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9 SB 5194 (3) The program design and survey provided for in subsections (1) and (2) of this section are subject to the availability of amounts appropriated for this specific purpose.

Sec.

10.

(ii) A branch of a member institution of an accrediting association recognized by rule of the council for purposes of this section, that is eligible for federal student financial aid p.assistance and has operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years within the state of Washington, and has an annual enrollment of at least seven hundred full-time equivalent students;

10 SSB 5194 assistance and has operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years within the state of Washington, and has an annual enrollment of at least seven hundred full-time equivalent students;

(a)p. For students attending two or four-year institutions of higher education as defined in RCW 28B.10.016, is tuition and estimated fees for fifteen quarter credit hours or the equivalent, as determined by the office, including operating fees, building fees, and services and activities fees.

10 SB 5194 (a) For students attending two or four-year institutions of higher education as defined in RCW 28B.10.016, is tuition and estimated fees for fifteen quarter credit hours or the equivalent, as determined by the office, including operating fees, building fees, and services and activities fees.

p.(6) "Office" means the office of student financial assistance.

11 SSB 5194 (6) "Office" means the office of student financial assistance.

10.11.

WASHINGTONp. COLLEGE GRANT STIPEND PROGRAM.

11 SB 5194 WASHINGTON COLLEGE GRANT STIPEND PROGRAM.

11.12.

p.(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;

12(b) SSB 5194 (a) A financiallydependent independentstudent, studentif who has had a domicile in the state of Washington for the period of one yearor immediatelyboth prior to the time of commencement of the firststudent's dayparents of the semester or quarterlegal forguardians whichhave themaintained student has registered at any institution and has in fact established a bona fide domicile in thisthe state primarilyp. for purposes other than educational;

(b)12 ASB dependent5194 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;

p.Sec.

1313. SSB 5194 Sec.

12.

(a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior top. 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;

13 SB 5194 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;

((who has lived in Washington for at least three years immediately prior to receiving the diploma or its equivalent;)) who has continuously lived in the state of Washington ((after receiving the diploma or its equivalent and until such time as)) for at least a year before the individual is admitted to an institution of higher p.education under subsection (1) of this section;

14 SSB 5194 education under subsection (1) of this section;

(f) Any person who has lived in Washington, primarily for purposes other than educational, for at least one year immediately before the date on which the person has enrolled in an institution, andp. who holds lawful nonimmigrant status pursuant to 8 U.S.C.

14 SB 5194 and who holds lawful nonimmigrant status pursuant to 8 U.S.C.

12551255(a); (a);

p.(l) A student who resides in the state of Washington and is the spouse or a dependent of a person who is a member of the Washington national guard;

15 SSB 5194 (l) A student who resides in the state of Washington and is the spouse or a dependent of a person who is a member of the Washington national guard;

(n) A student who is on terminal, transition, or separation leave pending separation, or release from active duty, from the uniformed services with any period of honorable service after at least ninety daysp. of active duty service and is eligible for educational assistance benefits under Title 38 U.S.C.;

15 SB 5194 days of active duty service and is eligible for educational assistance benefits under Title 38 U.S.C.;

p.(u) A student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition agreement as described in RCW 28B.15.725;

16 SSB 5194 (u) A student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition agreement as described in RCW 28B.15.725;

(w)p. A student who resides in Washington and is on active military duty stationed in the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington;

16 SB 5194 (w) A student who resides in Washington and is on active military duty stationed in the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington;

p.(4) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of this section and RCW 28B.15.013.

17 SSB 5194 (4) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of this section and RCW 28B.15.013.

(b)p. A person who is not a citizen of the United States of America, unless the person meets and complies with all applicable requirements in this section and RCW 28B.15.013 and is one of the following:

17 SB 5194 (b) A person who is not a citizen of the United States of America, unless the person meets and complies with all applicable requirements in this section and RCW 28B.15.013 and is one of the following:

p.(6) The term "dependent" shall mean a person who is not financially independent.

18 SSB 5194 (6) The term "dependent" shall mean a person who is not financially independent.

or (c)p. The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the United States government as equivalent to service in the armed forces.

18 SB 5194 (c) The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the United States government as equivalent to service in the armed forces.

Sec.

14.

RCW 82.04.299 and 2020 c 2 s 4 are each amended to read as follows:

(1)(a) Beginning with business activities occurring on or after April 1, 2020, in addition to the taxes imposed under RCW 82.04.290(2), a workforce education investment surcharge is imposed on select advanced computing businesses.

The surcharge is equal to the gross income of the business subject to the tax under RCW 82.04.290(2), multiplied by the rate of 1.22 percent.

(b) ((Except as provided in (e) of this subsection (1), in no case will the combined surcharge imposed under this subsection (1) paid by all members of an affiliated group be more than nine million dollars annually.

(c))) For persons subject to the surcharge imposed under this subsection (1) that report under one or more tax classifications, the surcharge applies only to business activities taxed under RCW 82.04.290(2).

(((d))) (c) The surcharge imposed under this subsection (1) must be reported and paid on a quarterly basis in a manner as required by the department.

Returns and amounts payable under this subsection (1) are due by the last day of the month immediately following the end of the reporting period covered by the return.

All other taxes must be reported and paid as required under RCW 82.32.045.

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19 SB 5194 (((e))) (d)(i) To aid in the effective administration of the surcharge in this subsection (1), the department may require persons believed to be engaging in advanced computing or affiliated with a person believed to be engaging in advanced computing to disclose whether they are a member of an affiliated group and, if so, to identify all other members of the affiliated group subject to the surcharge.

(ii) If the department establishes, by clear, cogent, and convincing evidence, that one or more members of an affiliated group, with intent to evade the surcharge under this subsection (1), failed to fully comply with this subsection (1)(((e))) (d), the department must assess against that person, or those persons collectively, a penalty equal to fifty percent of the amount of the total surcharge payable by all members of that affiliated group for the calendar year during which the person or persons failed to fully comply with this subsection (1)(((e))) (d).

The penalty under this subsection (1) (((e))) (d) is in lieu of and not in addition to the evasion penalty under RCW 82.32.090(7).

(((f))) (e) For the purposes of this subsection (1) the following definitions apply:

(i) "Advanced computing" means designing or developing computer software or computer hardware, whether directly or contracting with another person, including modifications to computer software or computer hardware, cloud computing services, or operating an online marketplace, an online search engine, or online social networking platform;

(ii) "Affiliate" and "affiliated" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person;

(iii) "Affiliated group" means a group of two or more persons that are affiliated with each other;

(iv) "Cloud computing services" means on-demand delivery of computing resources, such as networks, servers, storage, applications, and services, over the internet;

(v) "Control" means the possession, directly or indirectly, of more than fifty percent of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract, or otherwise;

and (vi) "Select advanced computing business" means a person who is a member of an affiliated group with at least one member of the p.

20 SB 5194 affiliated group engaging in the business of advanced computing, and the affiliated group has worldwide gross revenue of more than twenty- five billion dollars during the immediately preceding calendar year.

A person who is primarily engaged within this state in the provision of commercial mobile service, as that term is defined in 47 U.S.C.

Sec.

332(d)(1), shall not be considered a select advanced computing business.

A person who is primarily engaged in this state in the operation and provision of access to transmission facilities and infrastructure that the person owns or leases for the transmission of voice, data, text, sound, and video using wired telecommunications networks shall not be considered a select advanced computing business.

A person that is primarily engaged in business as a "financial institution" as defined in RCW 82.04.29004, as that section existed on January 1, 2020, shall not be considered a select advanced computing business.

For purposes of this subsection (1) (((f))) (e)(vi), "primarily" is determined based on gross income of the business.

(2) The workforce education investment surcharge under this section does not apply to any hospital as defined in RCW 70.41.020, including any hospital that comes within the scope of chapter 71.12 RCW if the hospital is also licensed under chapter 70.41 RCW.

(3) Revenues from the surcharge under this section must be deposited directly into the workforce education investment account established in RCW 43.79.195.

(4) The department has the authority to determine through an audit or other investigation whether a person is subject to the surcharge imposed in this section.

13.15.

SectionsExcept 1for throughsection 812 of this act, this act constituteis anecessary newfor chapterthe inimmediate Titlepreservation 28Bof RCW.the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

14.16.

Section 12 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, 2021.

NEW SECTION.

Sec.

17.

Sections 1 through 7 of this act constitute a new chapter in Title 28B RCW.

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21 SB 5194 NEW SECTION.

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18.

1922 SSBSB 5194