RCW ch. 28B.15 — Revised Code of Washington Chapter 28B.15 RCW — College And University Fees

RCW 28B.15.005 "Colleges and universities" defined. (1) "Colleges and universities" for the purposes of this chapter shall mean Central Washington University at Ellensburg, Eastern Washington University at Cheney, Western Washington University at Bellingham, The Evergreen State College in Thurston county, community colleges as are provided for in chapter 28B.50 RCW, the University of Washington, and Washington State University. (2) "State universities" for the purposes of this chapter shall mean the University of Washington and Washington State University. (3) "Regional universities" for the purposes of this chapter shall mean Central Washington University, Eastern Washington University and Western Washington University. [ 1977 ex.s. c 169 s 33; 1971 ex.s. c 279 s 1.] NOTES: Severability— RCW 28B.15.011 Classification as resident or nonresident student—Legislative intent. It is the intent of the legislature that the state institutions of higher education shall apply uniform rules as prescribed in RCW 28B.15.012 through 28B.15.014, and not otherwise, in determining whether students shall be classified as resident students or nonresident students for all tuition and fee purposes. [ 1971 ex.s. c 273 s 1.] NOTES: Severability— RCW 28B.15.012 Classification as resident or nonresident student—Definitions. Whenever used in this chapter: (1) The term "institution" shall mean a public university, college, or community or technical college within the state of Washington. (2) The term "resident student" shall mean: (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) A student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous; (d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, 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 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; (e) Any person who has completed and obtained a high school diploma, or a person who has received the equivalent of a diploma; who has continuously lived in the state of Washington for at least a year primarily for purposes other than postsecondary education before the individual is admitted to an institution of higher education under subsection (1) of this section; and who provides to the institution an affidavit indicating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so and a willingness to engage in any other activities necessary to acquire citizenship, including but not limited to citizenship or civics review courses; (f) Any person who has lived in Washington, primarily for purposes other than postsecondary education, for at least one year immediately before the date on which the person has enrolled in an institution, and who holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful nonimmigrant status as the spouse or child of a person having nonimmigrant status under one of those subsections, or who, holding or having previously held such lawful nonimmigrant status as a principal or derivative, has filed an application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a); (g) A student who is on active military duty stationed in the state or who is a member of the Washington national guard; (h) A student who is on active military duty or a member of the Washington national guard who meets the following conditions: (i) Entered service as a Washington resident; (ii) Has maintained a Washington domicile; and (iii) Is stationed out-of-state; (i) A student who is on active military duty who is stationed out-of-state after having been stationed in Washington and is either: (i) Admitted to an institution of higher education in Washington before the reassignment and enrolls in that institution for the term the student was admitted; (ii) Enrolled in an institution of higher education in Washington and remains continuously enrolled at the institution; or (iii) Enrolls in an institution of higher education in Washington within three years from the date of reassignment out-of-state; (j) A student who is the spouse, state registered domestic partner, or a dependent as defined in Title 10 U.S.C. Sec. 1072(2) as it existed on January 18, 2022, or such subsequent date as the student achievement council may determine by rule of a person defined in (g) or (h) of this subsection. If the person defined in (g) of this subsection is reassigned out-of-state, the student maintains the status as a resident student so long as the student is either: (i) Admitted to an institution before the reassignment and enrolls in that institution for the term the student was admitted; (ii) Enrolled in an institution and remains continuously enrolled at the institution; or (iii) Enrolled in an institution of higher education in Washington within three years from the date of reassignment out-of-state; (k) A student who is eligible for veterans administration educational assistance or rehabilitation benefits under Title 38 U.S.C. or educational assistance under Title 10 U.S.C. chapter 1606 as the titles existed on January 18, 2022, or such subsequent date as the student achievement council may determine by rule; (l) A student who has separated or retired from the uniformed services with at least 10 years of service and at least 90 days of active duty service, with a qualifying discharge as defined in RCW 73.04.005, and who enters an institution of higher education in Washington within three years of the date of separation or retirement; (m) A student who is the spouse, state registered domestic partner, or child under the age of 26 years of an individual who has separated or retired from the uniformed services with at least 10 years of service and at least 90 days of active duty service, with a qualifying discharge as defined in RCW 73.04.005, and who enters an institution of higher education in Washington within three years of the service member's date of separation or retirement; (n) A student who has separated from the uniformed services who was discharged for a reason described in *RCW 73.04.005(1)(d); (o) A student who is defined as a covered individual in 38 U.S.C. Sec. 3679(c)(2) as it existed on January 18, 2022, or such subsequent date as the student achievement council may determine by rule; (p) 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; (q) A student who meets the requirements of RCW 28B.15.0131 or 28B.15.0139: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational; (r) 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; or (s) A student who resides in Washington and is the spouse or a dependent of a person defined in (r) of this subsection. If the person defined in (r) of this subsection moves from Washington or is reassigned out of the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington, the student maintains the status as a resident student so long as the student resides in Washington and is either: (i) Admitted to an institution before the reassignment and enrolls in that institution for the term the student was admitted; or (ii) Enrolled in an institution and remains continuously enrolled at the institution. (3)(a) A student who qualifies under subsection (2)(k), (l), (m), (n), or (o) of this section and who remains continuously enrolled at an institution of higher education shall retain resident student status. (b) Nothing in subsection (2)(k), (l), (m), or (o) of this section applies to students who have a bad conduct discharge, officer dismissal, or dishonorable discharge from the uniformed services, or to students who are the spouse or child of an individual who has a bad conduct discharge, officer dismissal, or dishonorable discharge from the uniformed services, unless the student is receiving veterans administration educational assistance benefits. (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. Except for students qualifying under subsection (2)(e) or (p) of this section, a nonresident student shall include: (a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter. This condition shall not apply to students from Columbia, Multnomah, Clatsop, Clackamas, or Washington county, Oregon participating in the border county pilot project under RCW 28B.76.685, 28B.76.690, and 28B.15.0139. (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: (i) A lawful permanent resident; (ii) A temporary resident; (iii) A person who holds "refugee-parolee," "conditional entrant," or U or T nonimmigrant status with the United States citizenship and immigration services; (iv) A person who has been issued an employment authorization document by the United States citizenship and immigration services that is valid as of the date the person's residency status is determined; (v) A person who has been granted deferred action for childhood arrival status before, on, or after June 7, 2018, regardless of whether the person is no longer or will no longer be granted deferred action for childhood arrival status due to the termination, suspension, or modification of the deferred action for childhood arrival program; or (vi) A person who is otherwise permanently residing in the United States under color of law, including deferred action status. (5) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student. (6) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules adopted by the student achievement council and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the council may require. (7) The term "active military duty" means the person is serving on active duty in: (a) The armed forces of the United States government; or (b) The Washington national guard; or (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. (8) The term "active duty service" means full-time duty, other than active duty for training, as a member of the uniformed services of the United States. Active duty service as a national guard member under Title 32 U.S.C. for the purpose of organizing, administering, recruiting, instructing, or training and active service under Title 32 U.S.C. Sec. 502(f) for the purpose of responding to a national emergency is recognized as active duty service. (9) The term "uniformed services" is defined by Title 10 U.S.C.; subsequently structured and organized by Titles 14, 33, and 42 U.S.C.; consisting of the United States army, United States marine corps, United States navy, United States air force, United States coast guard, United States space force, United States public health service commissioned corps, and the national oceanic and atmospheric administration commissioned officer corps. (10) "Washington national guard" means that part of the military force of the state that is organized, equipped, and federally recognized under the provisions of the national defense act of the United States, and in the event the national guard is called into federal service or in the event the state guard or any part or individual member thereof is called into active state service by the commander-in-chief. National guard service includes being subject to call up for active duty under Title 32 U.S.C. or Title 10 U.S.C. status or when called to state active service by the governor under the provisions of RCW 38.08.040. (11) "Child" includes, but is not limited to: (a) A legitimate child; (b) An adopted child; (c) A stepchild; (d) A foster child; and (e) A legal dependent. [ 2024 c 146 s 11; 2022 c 249 s 1; 2021 c 272 s 9; 2020 c 232 s 1; 2019 c 126 s 1; 2018 c 204 s 3; 2017 c 191 s 1; 2015 3rd sp.s. c 8 s 1. Prior: 2015 c 55 s 207; 2014 c 183 s 1; 2012 c 229 s 521; 2011 1st sp.s. c 11 s 148; 2010 c 183 s 1; 2009 c 220 s 1; 2004 c 128 s 1; 2003 c 95 s 1; 2002 c 186 s 2; prior: (2002 c 186 s 1 expired June 30, 2002); 2000 c 160 s 1; 2000 c 117 s 2; (2000 c 117 s 1 expired June 30, 2002); 1999 c 320 s 5; 1997 c 433 s 2; 1994 c 188 s 2; 1993 sp.s. c 18 s 4; prior: 1987 c 137 s 1; 1987 c 96 s 1; 1985 c 370 s 62; 1983 c 285 s 1; 1982 1st ex.s. c 37 s 1; 1972 ex.s. c 149 s 1; 1971 ex.s. c 273 s 2.] NOTES: *Reviser's note: RCW 28B.15.013 Classification as resident or nonresident student—Standards for determining domicile in the state—Presumptions—Cut-off date for classification application change. (1) The establishment of a new domicile in the state of Washington by a person formerly domiciled in another state has occurred if such person is physically present in Washington primarily for purposes other than educational and can show satisfactory proof that such person is without a present intention to return to such other state or to acquire a domicile at some other place outside of Washington. (2) Unless proven to the contrary it shall be presumed that: (a) The domicile of any person shall be determined according to the individual's situation and circumstances rather than by marital status or sex. (b) A person does not lose a domicile in the state of Washington by reason of residency in any state or country while a member of the civil or military service of this state or of the United States, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas if that person returns to the state of Washington within one year of discharge from said service with the intent to be domiciled in the state of Washington; any resident dependent student who remains in this state when such student's parents, having theretofore been domiciled in this state for a 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, remove from this state, shall be entitled to continued classification as a resident student so long as such student's attendance (except summer sessions) at an institution in this state is continuous. (3) To aid the institution in deciding whether a student, parent, legally appointed guardian or the person having legal custody of a student is domiciled in the state of Washington primarily for purposes other than educational, the rules adopted by the student achievement council shall include but not be limited to the following: (a) Registration or payment of Washington taxes or fees on a motor vehicle, mobile home, travel trailer, boat, or any other item of personal property owned or used by the person for which state registration or the payment of a state tax or fee is required will be a factor in considering evidence of the establishment of a Washington domicile. (b) Permanent full time employment in Washington by a person will be a factor in considering the establishment of a Washington domicile. (c) Registration to vote for state officials in Washington will be a factor in considering the establishment of a Washington domicile. (4) After a student has registered at an institution such student's classification shall remain unchanged in the absence of satisfactory evidence to the contrary. A student wishing to apply for a change in classification shall reduce such evidence to writing and file it with the institution. In any case involving an application for a change from nonresident to resident status, the burden of proof shall rest with the applicant. Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence maintained in the files of the institution and, if approved, shall take effect the semester or quarter such evidence was filed with the institution: PROVIDED, That applications for a change in classification shall be accepted up to the thirtieth calendar day following the first day of instruction of the quarter or semester for which application is made. [ 2012 c 229 s 522; 2011 1st sp.s. c 11 s 149; 1989 c 175 s 79; 1985 c 370 s 63; 1982 1st ex.s. c 37 s 2; 1979 ex.s. c 15 s 1; 1972 ex.s. c 149 s 2; 1971 ex.s. c 273 s 3.] NOTES: Effective date— RCW 28B.15.0131 Resident tuition rates—American Indian students. For the purposes of determining resident tuition rates, resident students shall include American Indian students who meet two conditions. First, for a period of one year immediately prior to enrollment at a state institution of higher education as defined in RCW 28B.10.016, the student must have been domiciled in one or a combination of the following states: Idaho; Montana; Oregon; or Washington. Second, the students must be members of one of the federally recognized Indian tribes whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington. Federal recognition of an Indian tribe shall be as determined under 25 C.F.R. by the United States bureau of Indian affairs. Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded enrollment for budgeting purposes, and no state general fund moneys shall be appropriated to a state institution of higher education for the support of such student. [ 2005 c 163 s 1; 1994 c 188 s 1.] RCW 28B.15.0139 Resident tuition rates—Border county higher education opportunity project. For the purposes of determining resident tuition rates, "resident student" includes a resident of Oregon, residing in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington county, who meets the following conditions: (1) The student is eligible to pay resident tuition rates under Oregon laws and has been domiciled in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington county for at least ninety days immediately before enrollment at a community college located in Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, or Walla Walla county, Washington; (2) The student is enrolled in courses located at the Tri-Cities or Vancouver campus of Washington State University for eight credits or less; or (3) The student is currently domiciled in Washington and: (a) Was eligible to pay resident tuition rates under Oregon laws; and (b) Had been domiciled in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington county for at least ninety days immediately before being domiciled in Washington. [ 2017 c 52 s 2; 2009 c 158 s 2; 2003 c 159 s 4; 2002 c 130 s 3; 2000 c 160 s 2; 1999 c 320 s 4.] RCW 28B.15.014 Exemption from nonresident tuition fees differential. Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community and technical colleges may exempt the following nonresidents from paying all or a portion of the nonresident tuition fees differential: (1) Any person who resides in the state of Washington and who holds a graduate service appointment designated as such by a public institution of higher education or is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week during the term such person shall hold such appointment. (2) Any faculty member, classified staff member or administratively exempt employee holding not less than a half time appointment at an institution who resides in the state of Washington, and the dependent children and spouse of such persons. (3) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole status, or (b) has received an immigrant visa, or (c) has applied for United States citizenship. (4) Any dependent of a member of the United States congress representing the state of Washington. [ 2015 c 55 s 208; 2000 c 117 s 3; 1997 c 433 s 3; 1993 sp.s. c 18 s 5; 1992 c 231 s 3. Prior: 1989 c 306 s 3; 1989 c 290 s 3; 1985 c 362 s 1; 1984 c 232 s 1; 1982 1st ex.s. c 37 s 3; 1971 ex.s. c 273 s 4.] NOTES: Intent— RCW 28B.15.015 Classification as resident or nonresident student—Rules. The student achievement council, with the advice of the attorney general, shall adopt rules to be used by the state's institutions for determining a student's resident and nonresident status and for recovery of fees for improper classification of residency. [ 2012 c 229 s 523; 2011 1st sp.s. c 11 s 150; 1985 c 370 s 64; 1982 1st ex.s. c 37 s 4.] NOTES: Effective date— RCW 28B.15.020 "Tuition fees" defined—Use. The term "tuition fees" as used in this chapter shall mean the fees charged students registering at the state's colleges and universities which consist of: (1) The "building fees" as defined in RCW 28B.15.025; and (2) The "operating fees" as defined in RCW 28B.15.031. [ 1985 c 390 s 11; 1977 ex.s. c 169 s 34; 1969 ex.s. c 223 s 28B.15.020. Prior: (i) 1967 ex.s. c 8 s 31, part. Formerly RCW 28.85.310, part. (ii) 1963 c 181 s 1, part; 1961 ex.s. c 10 s 1, part; 1959 c 186 s 1, part; 1947 c 243 s 1, part; 1945 c 187 s 1, part; 1933 c 169 s 1, part; 1931 c 48 s 1, part; 1921 c 139 s 1, part; 1919 c 63 s 1, part; 1915 c 66 s 2, part; RRS s 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c 180 s 1, part; 1961 ex.s. c 11 s 1, part; 1949 c 73 s 1, part; 1931 c 49 s 1, part; 1921 c 164 s 1, part; Rem. Supp. 1949 s 4569, part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 s 10, part; 1965 ex.s. c 147 s 1, part; 1963 c 143 s 1, part; 1961 ex.s. c 13 s 3, part. Formerly RCW 28.81.080, part.] NOTES: Severability— RCW 28B.15.022 "Nonresident tuition fees differential" defined. Unless the context clearly requires otherwise, as used in this chapter "nonresident tuition fees differential" means the difference between resident tuition fees and nonresident tuition fees. [ 1992 c 231 s 32.] NOTES: Effective date— RCW 28B.15.025 "Building fees" defined—Use. The term "building fees" means the fees charged students registering at the state's colleges and universities, which fees are to be used as follows: At the University of Washington, solely for the purposes provided in RCW 28B.15.210; at Washington State University, solely for the purposes provided in RCW 28B.15.310; at each of the regional universities and at The Evergreen State College, solely for the purposes provided in RCW 28B.35.370; and at the community and technical colleges, for the purposes provided in RCW 28B.50.320, 28B.50.360 and 28B.50.370. The term "building fees" is a renaming of the "general tuition fee," and shall not be construed to affect otherwise moneys pledged to, or used for bond retirement purposes. [ 2015 c 55 s 209; 1985 c 390 s 12.] RCW 28B.15.031 "Operating fees"—Defined—Disposition. (1) The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, technology and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That a minimum of four percent of operating fees shall be retained by four-year institutions of higher education and a minimum of three and one-half percent of operating fees shall be retained by the community and technical colleges for the purposes of RCW 28B.15.820. At least thirty percent of operating fees required to be retained by the four-year institutions for purposes of RCW 28B.15.820 shall be used only for the purposes of RCW 28B.15.820(10). (2) In addition to the three and one-half percent of operating fees retained by the institutions under subsection (1) of this section, up to three percent of operating fees charged to students at community and technical colleges shall be transferred to the community and technical college innovation account for the implementation of the college board's strategic technology plan in RCW 28B.50.515. The percentage to be transferred to the community and technical college innovation account shall be determined by the college board each year but shall not exceed three percent of the operating fees collected each year. (3) Local operating fee accounts shall not be subject to appropriation by the legislature but shall be subject to allotment procedures by budget program and fiscal year under chapter 43.88 RCW. [ 2015 3rd sp.s. c 36 s 1; 2012 c 230 s 6. Prior: 2011 1st sp.s. c 10 s 2; 2011 c 274 s 2; 2003 c 232 s 2; 1996 c 142 s 2; 1995 1st sp.s. c 9 s 2; prior: 1993 sp.s. c 18 s 6; 1993 c 379 s 201; 1987 c 15 s 2; prior: 1985 c 390 s 13; 1985 c 356 s 2; 1982 1st ex.s. c 37 s 12; 1981 c 257 s 1; 1979 c 151 s 14; 1977 ex.s. c 331 s 3; 1971 ex.s. c 279 s 2.] NOTES: Short title— RCW 28B.15.041 "Services and activities fees" defined. The term "services and activities fees" as used in this chapter is defined to mean fees, other than tuition fees, charged to all students registering at the state's community colleges, technical colleges, regional universities, The Evergreen State College, and state universities. Services and activities fees shall be used as otherwise provided by law or by rule or regulation of the board of trustees or regents of each of the state's community colleges, technical colleges, The Evergreen State College, the regional universities, or the state universities for the express purpose of funding student activities and programs of their particular institution. Student activity fees, student use fees, student building use fees, special student fees, or other similar fees charged to all full time students, or to all students, as the case may be, registering at the state's colleges or universities and pledged for the payment of bonds heretofore or hereafter issued for, or other indebtedness incurred to pay, all or part of the cost of acquiring, constructing or installing any lands, buildings, or facilities of the nature described in RCW 28B.10.300 as now or hereafter amended, shall be included within and deemed to be services and activities fees. [ 2015 c 55 s 210; 1985 c 390 s 14; 1977 ex.s. c 169 s 35. Prior: 1973 1st ex.s. c 130 s 2; 1973 1st ex.s. c 46 s 1; 1971 ex.s. c 279 s 3.] NOTES: Severability— RCW 28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students. See RCW 28B.10.825. RCW 28B.15.044 Services and activities fees—Legislative declaration on expenditure. It is the intent of the legislature that students will propose budgetary recommendations for consideration by the college or university administration and governing board to the extent that such budget recommendations are intended to be funded by services and activities fees. It is also the intent of the legislature that services and activities fee expenditures for programs devoted to political or economic philosophies shall result in the presentation of a spectrum of ideas. [ 1986 c 91 s 1; 1980 c 80 s 1.] NOTES: Severability— RCW 28B.15.045 Services and activities fees—Guidelines governing establishment and funding of programs supported by—Scope—Mandatory provisions—Dispute resolution. The legislature recognizes that institutional governing boards have a responsibility to manage and protect institutions of higher education. This responsibility includes ensuring certain lawful agreements for which revenues from services and activities fees have been pledged. Such lawful agreements include, but are not limited to, bond covenant agreements and other contractual obligations. Institutional governing boards are also expected to protect the stability of programs that benefit students. The legislature also recognizes that services and activities fees are paid by students for the express purpose of funding student services and programs. It is the intent of the legislature that governing boards ensure that students have a strong voice in recommending budgets for services and activities fees. The boards of trustees and the boards of regents of the respective institutions of higher education shall adopt guidelines governing the establishment and funding of programs supported by services and activities fees. Such guidelines shall stipulate procedures for budgeting and expending services and activities fee revenue. Any such guidelines shall be consistent with the following provisions: (1) Student representatives from the services and activities fee committee and representatives of the college or university administration shall have an opportunity to address the board before board decisions on services and activities fee budgets and dispute resolution actions are made. (2) Members of the governing boards shall adhere to the principle that services and activities fee committee desires be given priority consideration on funding items that do not fall into the categories of preexisting contractual obligations, bond covenant agreements, or stability for programs affecting students. (3) Responsibility for proposing to the administration and the governing board program priorities and budget levels for that portion of program budgets that derive from services and activities fees shall reside with a services and activities fee committee, on which students shall hold at least a majority of the voting memberships, such student members shall represent diverse student interests, and shall be recommended by the student government association or its equivalent. The chairperson of the services and activities fee committee shall be selected by the members of that committee. The governing board shall insure that the services and activities fee committee provides an opportunity for all viewpoints to be heard at a public meeting during its consideration of the funding of student programs and activities. (4) The services and activities fee committee shall evaluate existing and proposed programs and submit budget recommendations for the expenditure of those services and activities fees with supporting documents simultaneously to the college or university governing board and administration. (5) The college or university administration shall review the services and activities fee committee budget recommendations and publish a written response to the services and activities fee committee. This response shall outline potential areas of difference between the committee recommendations and the administration's proposed budget recommendations. This response, with supporting documentation, shall be submitted to the services and activities fee committee in a timely manner to allow adequate consideration. (6)(a) In the event of a dispute or disputes involving the services and activities fee committee recommendations, the college or university administration shall meet with the services and activities fee committee in a good faith effort to resolve such dispute or disputes prior to submittal of final recommendations to the governing board. (b) If said dispute is not resolved within fourteen days, a dispute resolution committee shall be convened by the chair of the services and activities fee committee within fourteen days. (7) The dispute resolution committee shall be selected as follows: The college or university administration shall appoint two nonvoting advisory members; the governing board shall appoint three voting members; and the services and activities fee committee chair shall appoint three student members of the services and activities fee committee who will have a vote, and one student representing the services and activities fee committee who will chair the dispute resolution committee and be nonvoting. The committee shall meet in good faith, and settle by vote any and all disputes. In the event of a tie vote, the chair of the dispute resolution committee shall vote to settle the dispute. (8) The governing board may take action on those portions of the services and activities fee budget not in dispute in accordance with the customary budget approval timeline established by the board. The governing board shall consider the results, if any, of the dispute resolution committee and shall take action. (9) Services and activities fees and revenues generated by programs and activities funded by such fees shall be deposited and expended through the office of the chief fiscal officer of the institution. (10) Services and activities fees and revenues generated by programs and activities funded by such fees shall be subject to the applicable policies, regulations, and procedures of the institution and the budget and accounting act, chapter 43.88 RCW. (11) All information pertaining to services and activities fees budgets shall be made available to interested parties. Annually, by September 30th, the services and activities fees committee at each institution of higher education, in coordination with the administration of the institution of higher education, shall post services and activities fees expenditure information for the prior academic year on the college or university website so that the information is clearly visible and easily accessible to students and the public. At a minimum, the services and activities fees budget information must include all the major categories of expenditure and the amounts expended in each category. (12) With the exception of any funds needed for bond covenant obligations, once the budget for expending service and activities fees is approved by the governing board, funds shall not be shifted from funds budgeted for associated students or departmentally related categories or the reserve fund until the administration provides written justification to the services and activities fee committee and the governing board, and the governing board and the services and activities fee committee give their express approval. In the event of a fund transfer dispute among the services and activities fee committee, the administration, or the governing board, said dispute shall be resolved pursuant to subsections (6)(b), (7), and (8) of this section. (13) Any service and activities fees collected which exceed initially budgeted amounts are subject to subsections (1) through (10) and (12) of this section. [ 2012 c 104 s 2; 1994 c 41 s 1; 1990 c 7 s 1; 1986 c 91 s 2; 1980 c 80 s 2.] NOTES: Intent— RCW 28B.15.051 "Technology fees"—Defined—Use—Student government approval. (1) The governing board of each of the state universities, the regional universities, and The Evergreen State College, upon the written agreement of its respective student government association or its equivalent, may establish and charge each enrolled student a technology fee, separate from tuition fees. During the 1996-97 academic year, any technology fee shall not exceed one hundred twenty dollars for a full-time student. Any technology fee charged to a part-time student shall be calculated as a pro rata share of the fee charged to a full-time student. (2) Revenue from this fee shall be used exclusively for technology resources for general student use. (3) Only changes in the amount of the student technology fee agreed upon by both the governing board and its respective student government association or its equivalent shall be used to adjust the amount charged to students. Changes in the amount charged to students, once implemented, become the basis for future changes. (4) Annually, the student government association or its equivalent may abolish the fee by a majority vote. In the event of such a vote, the student government association or its equivalent shall notify the governing board of the institution. The fee shall cease being collected the term after the student government association or its equivalent voted to eliminate the fee. (5) The student government association or its equivalent shall approve the annual expenditure plan for the fee revenue. (6) The universities and The Evergreen State College shall deposit three and one-half percent of revenues from the technology fee into the institutional financial aid fund under RCW 28B.15.820. (7) As used in this section, "technology fee" is a fee charged to students to recover, in whole or in part, the costs of providing and maintaining services to students that include, but need not be limited to: Access to the internet and world wide web, email, computer and multimedia work stations and laboratories, computer software, and dial-up telephone services. (8) Prior to the establishment of a technology fee, a governing board shall provide to the student governing body a list of existing fees of a similar nature or for a similar purpose. The board and the student governing body shall ensure that student fees for technology are not duplicative. [ 1996 c 142 s 1.] NOTES: Severability— RCW 28B.15.065 Adjustment of state appropriations for student financial aid. It is the intent of the legislature that students who demonstrate financial need not be deprived of access to higher education due to increases in educational costs or consequent increases in tuition and fees. It is the sense of the legislature that state appropriations for student financial aid be adjusted in an amount which together with funds estimated to be available in the form of basic educational opportunity grants as authorized under Section 411 of the federal Higher Education Act of 1965 as now or hereafter amended will equal twenty-four percent of any change in revenue estimated to occur as a result of revisions in tuition and fee levels under the provisions of chapter 322, Laws of 1977 ex. sess. [ 2019 c 406 s 29; 1977 ex.s. c 322 s 6.] NOTES: Findings— RCW 28B.15.066 Appropriations to institutions of higher education—"Inflation" defined. (1) Beginning with the 2015-2017 omnibus appropriations act, the legislature shall appropriate to the state board for community and technical colleges and to each of the four-year institutions of higher education an amount that is at least equal to the total state funds appropriated in the 2013-2015 biennium and the net revenue loss from resident undergraduate tuition operating fees based on budgeted full-time equivalent enrollment received for the 2015-2017 fiscal biennium under *RCW 28B.15.067 (3) and (6). The net revenue loss shall be adjusted for inflation in subsequent biennia. (2) As used in this section and RCW 28B.15.069, "inflation" shall be based on the consumer price index, using the official current base, compiled by the bureau of labor statistics, United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people and covering areas exclusively within the boundaries of the state shall be used. [ 2015 3rd sp.s. c 36 s 2; 2003 c 232 s 3; 2000 c 152 s 2; 1999 c 309 s 932; 1995 1st sp.s. c 9 s 3; 1993 c 379 s 205.] NOTES: *Reviser's note: RCW 28B.15.067 Tuition fees—Established. (1) Tuition fees shall be established under the provisions of this chapter. (2) The maximum increase in tuition operating fees for resident undergraduates at institutions of higher education as defined in RCW 28B.10.016, excluding applied baccalaureate degrees as defined in RCW 28B.50.030, shall be calculated by the office of financial management and transmitted to the institutions of higher education by October 1st of each year for the following academic year. Tuition operating fees for resident undergraduates at institutions of higher education as defined in RCW 28B.10.016, excluding applied baccalaureate degrees as defined in RCW 28B.50.030, may increase by no more than the average annual percentage growth rate in the median hourly wage for Washington as the wage is determined by the federal bureau of labor statistics and calculated based on the previous 14 years prior to the transmittal date by the office of financial management. (3) The governing boards of the state universities, regional universities, and The Evergreen State College; and the state board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates, including nonresident students, summer school students, and students in other self-supporting degree programs. Percentage increases in full-time tuition may exceed the fiscal growth factor. Except during the 2013-2015 fiscal biennium, the state board for community and technical colleges may pilot or institute differential tuition models. The board may define scale, scope, and rationale for the models. (4) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400. (5)(a) The tuition fees established under this chapter shall not apply to eligible students enrolling in a dropout reengagement program through an interlocal agreement between a school district and a community or technical college under RCW 28A.175.100 through 28A.175.110. (b) The tuition fees established under this chapter shall not apply to students incarcerated with the department of corrections who are participating in credit-eligible postsecondary education courses and degree programs when the program expenses are funded by nontuition resources such as, but not limited to, grants, contracts, and donations. (6) As a result of any changes in tuition under section 3, chapter 36, Laws of 2015 3rd sp. sess., the governing boards of the state universities, the regional universities, and The Evergreen State College shall not reduce resident undergraduate enrollment below the 2014-15 academic year levels. [ 2023 c 9 s 1; 2021 c 200 s 9; 2020 c 114 s 4; 2015 3rd sp.s. c 36 s 3; 2015 c 55 s 211; 2013 2nd sp.s. c 4 s 958. Prior: 2012 2nd sp.s. c 7 s 914; 2012 c 228 s 6; 2011 1st sp.s. c 10 s 3; 2010 c 20 s 7; 2009 c 574 s 1; 2007 c 355 s 7; 2006 c 161 s 6; 2003 c 232 s 4; 1997 c 403 s 1; 1996 c 212 s 1; 1995 1st sp.s. c 9 s 4; 1992 c 231 s 4; 1990 1st ex.s. c 9 s 413; 1986 c 42 s 1; 1985 c 390 s 15; 1982 1st ex.s. c 37 s 15; 1981 c 257 s 2.] NOTES: Effective date— RCW 28B.15.0681 Information provided to students on tuition billing statements or website—Notice of federal educational tax credits. (1) In addition to the requirement in *RCW 28B.76.300(4), institutions of higher education shall disclose to their undergraduate resident students on the tuition billing statement, in dollar figures for a full-time equivalent student: (a) The full cost of instruction; (b) The amount collected from student tuition and fees; and (c) The difference between the amounts for the full cost of instruction and the student tuition and fees. (2) The tuition billing statement shall note that the difference between the cost and tuition under subsection (1)(c) of this section was paid by state tax funds and other moneys. (3) Beginning in the 2010-11 academic year, the amount determined in subsection (1)(c) of this section shall be labeled an "opportunity pathway" on the tuition billing statement. (4) Beginning in the 2010-11 academic year, institutions of higher education shall label financial aid awarded to resident undergraduate students as an "opportunity pathway" on the tuition billing statement or financial aid award notification. Aid granted to students outside of the financial aid package provided through the institution of higher education and loans provided by the federal government are not subject to the labeling provisions in this subsection. All other aid from all sources including federal, state, and local governments, local communities, nonprofit and for-profit organizations, and institutions of higher education must be included. The disclosure requirements specified in this section do not change the source, award amount, student eligibility, or student obligations associated with each award. Institutions of higher education retain the ability to customize their tuition billing statements to inform students of the assistance source, amount, and type so long as provisions of this section are also fulfilled. (5) Institutions of higher education shall provide the following information to all undergraduate resident students either on the tuition billing statement or via a link to a website detailing the following information: (a) The sources of all institutional revenue received during the prior academic or fiscal year, including but not limited to state, federal, local, and private sources; (b) The uses of tuition revenue collected during the prior academic or fiscal year by program category as determined by the office of financial management; and (c) The accountability and performance data under **RCW 28B.76.270. (6) The tuition billing statement disclosures shall be in twelve-point type and boldface type where appropriate. (7) All tuition billing statements or financial aid award notifications at institutions of higher education must notify resident undergraduate students of federal tax credits related to higher education for which they may be eligible. [ 2011 1st sp.s. c 10 s 4; 2009 c 215 s 6; 2007 c 151 s 2.] NOTES: Reviser's note: RCW 28B.15.069 Building fees—Services and activities fees—Other fees. (1) The building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the office of financial management and be based on the actual percentage the building fee is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent. After October 9, 2015, the dollar value of the building fee shall not be reduced below the level in the 2014-15 academic year adjusted for inflation. As used in this subsection, "inflation" has the meaning in RCW 28B.15.066(2). (2) The governing boards of each institution of higher education shall charge to and collect from each student a services and activities fee. A governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by amounts that shall not exceed four percent per year, judged reasonable and necessary by the services and activities fee committee and the governing board. The governing boards of the community and technical colleges may increase the existing student and activities fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for resident undergraduate students: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. These rate adjustments may exceed the fiscal growth factor. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase. (3) Tuition and services and activities fees consistent with subsection (2) of this section shall be set by the state board for community and technical colleges for community and technical college summer school students unless the college charges fees in accordance with RCW 28B.15.515. (4) Subject to the limitations of RCW 28B.15.910, each governing board of a community or technical college may charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state board for community and technical colleges. (5) The governing board of a college offering an applied baccalaureate degree program under RCW 28B.50.810 or a bachelor of science degree program described in RCW 28B.50.825 may charge tuition fees for those courses above the associate degree level at rates consistent with rules adopted by the state board for community and technical colleges, not to exceed tuition fee rates at the regional universities. [ 2018 c 202 s 1. Prior: 2016 sp.s. c 33 s 2; 2016 c 202 s 57; prior: 2015 3rd sp.s. c 36 s 5; 2015 3rd sp.s. c 4 s 945; 2015 c 55 s 212; 2013 2nd sp.s. c 4 s 959; 2012 c 229 s 701; 2005 c 258 s 10; 2003 c 232 s 5; 1997 c 403 s 2; 1995 1st sp.s. c 9 s 5.] NOTES: Short title— RCW 28B.15.071 Degree program support—Change from state funding to self-supporting and fee-based. (1) When a decision is being considered to change an existing degree program that is supported by state funding to a program that is self-supporting and fee-based, the state universities, regional universities, and The Evergreen State College shall: (a) Publicly notify prospective students, including notification in admission offers with an estimate of tuition and fees; (b) Notify enrolled students and undergraduate or graduate student government associations at least six months before implementation with an estimate of tuition and fees; and (c) Allow students currently enrolled in the program to continue in the state-supported program structure for a consecutive amount of time no greater than four years in length. (2)(a) The state universities, regional universities, and The Evergreen State College shall each establish or designate a committee comprised of administrators, faculty, and students to create criteria upon which to evaluate, prior to a shift being made, the proposed shift of a degree program from a state-supported degree program to a self-supporting funding basis. Where possible, an existing budget or advisory committee shall be designated instead of establishing a new committee. When establishing evaluation criteria, the committee shall consider including the following: (i) The financial health and sustainability of the program; (ii) If moving the program to a self-supporting funding basis alters the availability of student financial aid; (iii) The audience for the program, the format of the program, and the institutional priority for state funding of the program; (iv) Demographics of students served and graduates practicing in typical fields of study; and (v) Alternatives to shifting to a self-supporting funding basis including raising tuition within the state-funded context or program elimination. (b) The committee that creates the criteria for moving a degree from a state-supported degree program to a self-supporting funding basis may also establish a process to periodically evaluate programs that have shifted from a state-supported program to a fee-based funding model for alignment with criteria established. [ 2014 c 60 s 1.] RCW 28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain part-time, additional time, and out-of-state students. (1) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community and technical colleges shall charge to and collect from each of the students registering at the particular institution for any quarter or semester such tuition fees and services and activities fees, and other fees as such board shall in its discretion determine. For the governing boards of the state universities, the regional universities, and The Evergreen State College, the total of all fees shall be rounded to the nearest whole dollar amount: PROVIDED, That such tuition fees shall be established in accordance with RCW 28B.15.067. (2) Part-time students shall be charged tuition and services and activities fees proportionate to full-time student rates established for residents and nonresidents: PROVIDED, That except for students registered at community and technical colleges, students registered for fewer than two credit hours shall be charged tuition and services and activities fees at the rate established for two credit hours: PROVIDED FURTHER, That, subject to the limitations of RCW 28B.15.910, residents of Idaho or Oregon who are enrolled in community college district number twenty for six or fewer credits during any quarter or semester may be exempted from payment of all or a portion of the nonresident tuition fees differential upon a declaration by the office of student financial assistance that it finds Washington residents from the community college district are afforded substantially equivalent treatment by such other states. (3) Full-time students registered for more than eighteen credit hours shall be charged an additional operating fee for each credit hour in excess of eighteen hours at the applicable established per credit hour tuition fee rate for part-time students: PROVIDED, That, subject to the limitations of RCW 28B.15.910, the governing boards of the state universities and the community and technical colleges may exempt all or a portion of the additional charge, for students who are registered exclusively in first professional programs in medicine, dental medicine, veterinary medicine, doctor of pharmacy, or law, or who are registered exclusively in required courses in vocational preparatory programs. [ 2015 c 55 s 213; 2011 1st sp.s. c 11 s 151; 2011 c 274 s 5; 2003 c 232 s 6; 1999 c 321 s 2; 1998 c 75 s 1; 1995 1st sp.s. c 9 s 8; 1993 sp.s. c 18 s 7; 1992 c 231 s 6. Prior: 1985 c 390 s 18; 1985 c 370 s 67; 1982 1st ex.s. c 37 s 11; 1981 c 257 s 5; 1977 ex.s. c 322 s 2; 1977 ex.s. c 169 s 36; 1971 ex.s. c 279 s 5; 1969 ex.s. c 223 s 28B.15.100; prior: (i) 1967 ex.s. c 8 s 31, part. Formerly RCW 28.85.310, part. (ii) 1963 c 181 s 1, part; 1961 ex.s. c 10 s 1, part; 1959 c 186 s 1, part; 1947 c 243 s 1, part; 1945 c 187 s 1, part; 1933 c 169 s 1, part; 1931 c 48 s 1, part; 1921 c 139 s 1, part; 1919 c 63 s 1, part; 1915 c 66 s 2, part; RRS s 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c 180 s 1, part; 1961 ex.s. c 11 s 1, part; 1949 c 73 s 1, part; 1931 c 49 s 1, part; 1921 c 164 s 1, part; Rem. Supp. 1949 s 4569, part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 s 10, part; 1965 ex.s. c 147 s 1, part; 1963 c 143 s 1, part; 1961 ex.s. c 13 s 3, part. Formerly RCW 28.81.080, part.] NOTES: Effective date— RCW 28B.15.110 Tuition and fees when joint program of four year institutions—Supplemental fees, when. Where students at any of the four year state colleges or universities participate in a joint program undertaken by two or more of such institutions, and which leads to a degree, the tuition and fees assessed each student participating in such joint program shall be equal. The governing board at each state four year institution shall, where the tuition and fees which it charges resident students participating in a joint program falling within the scope of this section would be less than those charged to any such students from any other state four year institution who participates in such joint program, impose a supplemental fee upon its resident students so participating in order to make the tuition and fees charged to them equal to the highest amount charged to any other resident student from a state four year institution who participates in the program. Such governing board shall, where the tuition and fees which it charges nonresident students participating in a joint program falling within the scope of this section would be less than those charged to any such students participating from any other state four year institution who participates in such joint program, impose a supplemental fee upon its nonresident students so participating in order to make the tuition and fees charged to them equal to the highest amount charged to any other nonresident student from a state four year institution who participates in the program. [ 1977 ex.s. c 126 s 1.] NOTES: "State universities," "regional universities," "state college," "institutions of higher education," and "postseco