COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - PROPERTY - APPROPRIATIONS
USE AND DISPOSITION OF PROCEEDS FROM SALE OF COMMUNITY COLLEGE REAL PROPERTY In the event of a sale of community college real property by the State Board for Community College Education pursuant to RCW 28B.50.090(12), the proceeds of that sale are not required, under existing law, to be received, kept and disbursed by the state treasurer but, instead, they may be retained by the college as local funds and expended without a specific legislative appropriation.
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES
RESPECTIVE POWERS OF COLLEGE BOARD AND LOCAL BOARDS OF TRUSTEES (1) The State Board for Community College Education has the authority, under RCW 28B.50.090, to (a) specify the number of days in an academic year or quarter in which instruction must be offered by each of the various community colleges; (b) define the number of hours of instruction that must be provided as the basis for counting a unit of academic credit for state funding purposes; (c) prescribe the maximum number of academic credit units per each particular class that are allowed to be counted for a particular degree or certificate by students enrolled in the various courses offered by the community colleges; and (d) designate a class or course involving students who are repeating a course previously completed and reduce a college's state funded enrollment count by such repeat enrollments.(2) The State Board for Community College Education does not have the authority, under RCW 28B.50.090, to (a) change the academic year for all community colleges from a quarter plan to a semester or a trimester plan; or (b) establish a minimum number of days of compensable service to be rendered by faculty and administrators employed by the community colleges.(3) To the extent that the State Board for Community College Education determines that accomplishment of the goals described in RCW 28B.50.090(3) requires either or both of those courses of action, the College Board may (a) direct a particular community college to alter its mix of courses in a manner that would make its overall curriculum more comprehensive; and (b) direct a particular community college to terminate a given course or program either because it is deemed to be unproductive (i.e., low enrollment or few completions) or because such termination would enhance the comprehensiveness of the total curriculum.
COMMUNITY COLLEGES - EMPLOYEES - PROFESSIONAL NEGOTIATIONS - DELEGATION OF DUTY TO NEGOTIATE
COMMUNITY COLLEGES ‑- EMPLOYEES ‑- PROFESSIONAL NEGOTIATIONS ‑- DELEGATION OF DUTY TO NEGOTIATE The board of trustees of a community college may delegate its duty to meet, confer and negotiate with representatives of its academic employees under chapter 196, Laws of 1971, 1st Ex. Sess., to a committee composed of members of the board; however, it may not delegate this function to a negotiating committee that consists either partly or entirely of non-board members.
OFFICES AND OFFICERS - STATE - COMMUNITY COLLEGES - CIVIL SERVICE - RETIREMENT - ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- COMMUNITY COLLEGES ‑- CIVIL SERVICE ‑- RETIREMENT ‑- ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES The board of trustees of a community college may not adopt a rule establishing a mandatory retirement age of 65 years for all of its classified civil service employees who are also members of the Washington public employees' retirement system, without regard to the particular jobs which they hold.
COMMUNITY COLLEGES - BOARD FOR COMMUNITY COLLEGE EDUCATION - CONTRACTS - EDUCATION
COMMUNITY COLLEGES ‑- BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- CONTRACTS ‑- EDUCATION 1. The Legislature has established limits upon community college enrollment. As a creature of statute a community college must have specific statutory authority to enroll students in excess of those authorized by the Legislature. 2. RCW 28B.50.140(16) authorizes community colleges to offer educational services on a contractual basis to private and governmental entities. The students receiving instruction pursuant to such a contract do not fall within the enrollment lid. However, RCW 28B.50.140(16) does not authorize community colleges to avoid the enrollment lid by enrolling students on a contract basis when those students are treated the same as any other student and pay the same tuition and fees.
COMMUNITY COLLEGES - SALARIES AND WAGES - COMPENSATION - AUTOMOBILES - REIMBURSEMENT OF TRANSPORTATION EXPENSES
COMMUNITY COLLEGES ‑- SALARIES AND WAGES ‑- COMPENSATION ‑- AUTOMOBILES ‑- REIMBURSEMENT OF TRANSPORTATION EXPENSES 1. Prior to its amendment in 1990, RCW 28B.50.140(3) empowered a community college board of trustees to fix the salary and duties of community college presidents. RCW 28B.50.140(3) only empowered the board to pay salary. Payments to reimburse a president for the president's transportation expenses did not constitute salary and were not authorized under RCW 28B.50.140(3). 2. In 1990 RCW 28B.50.140(3) was amended. Laws of 1990, ch. 135, § 1, p. 926. Amended RCW 28B.50.140(3) authorizes a community college board of trustees to fix the compensation and duties of community college presidents. Payments to reimburse a president for the president's transportation expenses are not authorized as compensation since RCW 43.03.060(1) provides the procedure to reimburse state employees for travel expenses. RCW 28B.50.140(3) does not authorize the board to supplant this reimbursement system.
OFFICES AND OFFICERS - STATE - BOARD OF NURSING - NURSES - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
STANDARDS FOR NURSING SCHOOLS The act regulating the practice of physical therapy, chapter 18.74 RCW, does not exempt masseurs from the prohibitions contained therein nor are they exempt from similar prohibitions found in acts regulating other branches of practice within the healing arts.
COMMUNITY COLLEGES - EMPLOYEES - LABOR - LEGALITY OF AGENCY SHOP CLAUSE COVERING COMMUNITY COLLEGE ACADEMIC EMPLOYEES
COMMUNITY COLLEGES ‑- EMPLOYEES ‑- LABOR ‑- LEGALITY OF AGENCY SHOP CLAUSE COVERING COMMUNITY COLLEGE ACADEMIC EMPLOYEES The board of trustees of a community college district may not legally include what is commonly referred to as an "agency shop" clause in a negotiated agreement entered into between such board and the faculty employees of the district under the provisions of chapter 28B.52 RCW for the reason that such a clause is prohibited by RCW 28B.52.070.
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - LANDS - ENABLING ACT
USE OF ENABLING ACT LANDS FOR TRUST PURPOSES (1) Funds generated from the management, sale or other disposition of public lands granted at statehood for charitable, educational, penal and reformatory institutions (CEP & RI) by § 17 of the state's Enabling Act may be appropriated by the legislature for support of specific state institutions. (2) Designated state institutions may, as well, be allowed by the legislature, in the exercise of reasonable prudence related to fulfillment of the particular trust purpose, to utilize CEP & RI lands themselves for their institutional purposes without cost. (3) The state's community colleges are among the classes of educational institutions for the benefit of which CEP & RI lands, or revenues derived therefrom, may be applied or appropriated.
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - INSURANCE - STATE RISK MANAGEMENT ACT - PURCHASE OF BONDS AND LIABILITY INSURANCE FOR COMMUNITY COLLEGES
COLLEGES AND UNIVERSITIES ‑- COMMUNITY COLLEGES ‑- INSURANCE ‑- STATE RISK MANAGEMENT ACT ‑- PURCHASE OF BONDS AND LIABILITY INSURANCE FOR COMMUNITY COLLEGES (1) Under the provisions of chapter 270, Laws of 1977, 1st Ex. Sess., the risk management office of the State Department of General Administration is vested with the authority and responsibility for the purchase of (a) liability and property insurance covering the state's community colleges and (b) such surety bonds as are necessary for those institutions. (2) This same authority and responsibility also extends to the purchase of liability insurance obtained at state expense to cover the trustees, officers or employees of the community colleges under RCW 28B.10.844; however, it does not extend to the purchase of liability insurance as a part of the compensation plan for community college officers or employees under RCW 28B.10.660.
STATUTES - APPROPRIATIONS - COMMUNITY COLLEGES
USE OF BUDGET ACT TO LIMIT DELEGATED AUTHORITY TO FIX COMPENSATION 1. The Legislature may not, through the use of conditions in its biennial appropriation act and without amending permanent statute, eliminate or limit the authority of community college districts to grant salary increases to district employees. 2. The Legislature may use conditions in the biennial appropriation act to limit the use of the funds appropriated in the act, including limits on their use for community college employee salary increase purposes, so long as the legislature does not impair vested contract rights. 3. The Legislature could establish authority to control community college employee salary increases through the biennial budget act, by amending current statutory law. 4. The State Board for Community College Education currently has only a minor role in the enforcement of salary policy for community college employees.
COMMUNITY COLLEGES - SCHOOL DISTRICTS - LIABILITY OF SCHOOL DISTRICT FOR PERFORMANCE OF CERTAIN COMMUNITY COLLEGE CONTRACTS
COMMUNITY COLLEGES - SCHOOL DISTRICTS - LIABILITY OF SCHOOL DISTRICT FOR PERFORMANCE OF CERTAIN COMMUNITY COLLEGE CONTRACTS Pursuant to § 64, chapter 8, Laws of 1967, Ex. Sess., the community college districts which have taken over from common school districts the responsibility for administration of community colleges are now primarily liable for the performance of all contractual obligations (except those covered by §§ 60 and 75 of the act) which were entered into for community college purposes by the school districts prior to the effective date of the act; however, the common school districts remain secondarily liable for the performance of these contracts.
COMMUNITY COLLEGES - OFFICES AND OFFICERS - SALARIES AND WAGES - DEFERRED COMPENSATION
Authority of community college Boards of Trustees to grant salary increases to college presidents in light of statutory restrictions 1. When the term of employment of a community college president expires, and the college's Board of Trustees wishes to re-appoint the same president for an additional term, the Board may not increase the president's salary by any amount greater than permitted in the current budget pursuant to RCW 28B.50.140(3). 2. A community college Board of Trustees and the college president may mutually rescind an existing employment contract before it expires, and enter into a new contract with new duties and a different compensation, but increases in compensation are limited to those authorized in the current budget pursuant to RCW 28B.50.140(3). 3. Community college presidents are entitled to the deferred compensation benefits provided to other state employees; changes in these benefits are potentially subject to statutory limitations on increases in compensation.
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
COSTS OF TRANSCRIPT ON APPEAL
(1) The requirement of WAC 251-12-285 that employers pay the initial costs of transcribing the record for appeal under RCW 28B.16.130 is not enforceable in personnel actions arising under RCW 28B.16.120 in view of the Washington Supreme Court's decision in the analogous case of Zoutendyk v. Washington State Patrol, 95 Wn.2d 693, 628 P.2d 1308 (1981).
COMMUNITY COLLEGES - EMPLOYEES - SICK LEAVE
CASHING OUT ACCUMULATED SICK LEAVE UNDER CHAPTER 150, LAWS OF 1979, 1ST EX. SESS. (1) An otherwise eligible community college employee who had, at the beginning of a particular calendar year, accumulated the statutory maximum number of sick leave days (180) allowed by RCW 28B.50.551 prior to its amendment by § 3, chapter 182, Laws of 1980 and who, during that calendar year, used none of those accumulated sick leave days may receive no remuneration for unused sick leave earned and accumulated during that year pursuant to RCW 41.04.340.
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - TUITION - FEES
IMPOSITION OF CERTAIN FEES BY COMMUNITY COLLEGES
(1) A community college district board of trustees does not have the statutory authority to charge all students who enroll a common consolidated fee in lieu of all of the special, laboratory, or similar fees that a student might be assessed during the time he or she attends the college.(2) A community college board of trustees does not have authority to assess a parking fee to all enrolled students, whether or not they drive an automobile to the campus and utilize parking facilities.
COMMUNITY COLLEGES - LABOR - APPRENTICESHIPS
ADMISSION TO COMMUNITY COLLEGE APPRENTICESHIP COURSES (1) A community college may not restrict enrollments in courses commonly known as "related apprenticeship training" solely to students who are "registered apprentices" pursuant to chapter 49.04 RCW and chapter 296-04 WAC. (2) A community college may not apply the tuition and fee schedule set forth in WAC 131-28-026(1) to students who are registered apprentices pursuant to chapter 49.04 RCW and chapter 296-04 WAC, but whose program of studies consists of graded courses taken for credit and selected from the regular college curriculum rather than those courses specifically designated as apprenticeship related training courses.
APPROPRIATIONS - STATE - COMMUNITY COLLEGES - SALARIES
LIMITATION UPON SALARY INCREASES FOR COMMUNITY COLLEGE EMPLOYEES Answers several questions pertaining to the average 5% salary increase provided for by § 6(3), chapter 133, Laws of 1975-76, 2nd Ex. Sess., for community college and other educational employees.
INITIATIVE NO. 276 - COMMUNITY COLLEGES
USE OF COMMUNITY COLLEGE FACILITIES IN CONNECTION WITH POLITICAL CAMPAIGNS Lawfulness of the expenditure of funds or use of facilities by a community college for the purpose of conducting a campaign for the support of or opposition to a political campaign or issue; legal status of certain political science course in practical politics as offered by North Seattle Community College; use by students of work product of such course; constitutional ability of the legislature to regulate or prohibit the conduct of a given course of study by a community college.
OFFICES AND OFFICERS - STATE - BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES - FEES - BUDGET LAW
PREDISCHARGE EDUCATION PROGRAMS (PREP) The state board for community college education does not have the authority, in complying with § 2, chapter 105, (RCW 28B.50.093), to exempt those predischarge education programs which were already being operated by a community college prior to the effective date of the aforesaid 1973 law from any review and determination by the state board that such programs ". . . will not deter from the primary functions of the community college system within this state."
COMMUNITY COLLEGES - FEES - BUDGET LAW
STATUS OF COMMUNITY COLLEGE 'PREP' REVENUES (1) Revenues of a community college from the operation of a predischarge education program (PREP) under RCW 28B.50.092 do not constitute tuition revenues payable into the state general fund under RCW 28B.50.360; however, they are subject to the requirements of the state budget law under RCW 28B.50.320. (2) A community college district may not engage in a PREP operation by means of a contract to provide educational services to a private nonprofit corporation formed for that purpose which will, in turn, contract with the military personnel who are to receive the services.
COMMUNITY COLLEGES - EMPLOYEES - LABOR - ELECTIONS
WEIGHTED VOTING IN SELECTION OF BARGAINING REPRESENTATIVE A community college district may not adopt a regulation under which those academic employees working full time would each be allocated one full vote, those employed two-thirds of full time would be allotted two-thirds of a vote, and those employed less than two-thirds of full time would be allocated one‑third of a vote in the election of their recognized bargaining representative under chapter 28B.52 RCW.
COMMUNITY COLLEGES - EMPLOYEES - CONTRACTS
PAYMENT OF SALARIES TO COMMUNITY COLLEGE EMPLOYEES A community college, pursuant to contract, may legally pay its academic employees their salaries in twelve equal installments commencing in September and concluding in August of the succeeding year where the employee in question is assigned to teach fall, winter and spring quarters; or fall, winter and summer quarters; or fall, spring and summer quarters, but not winter, spring and summer quarters.
COLLEGES - UNIVERSITIES - COMMUNITY COLLEGES
CONSTITUTIONALITY OF LEGISLATION RESTRICTING AUTHORITY OF GOVERNING BODY House Bill No. 1145, which proposes to restrict the authority of the governing bodies of the several state colleges, universities and community colleges to expend revenues derived from service and activities fees, would not be violative of Article XIII, § 1 of the state constitution.
COMMUNITY COLLEGES - EMPLOYEES - SALARIES - APPROPRIATION - STATE
SALARY INCREASES FOR COMMUNITY COLLEGE EMPLOYEES So much of § 11, chapter 269, Laws of 1975, 1st Ex. Sess., as provides that not more than $117,016,320 in general fund moneys shall be expended for the continuation of certain specified salary increases for state employees does not have the effect of prohibiting community college faculty and staff who are not covered by chapter 28B.16 RCW from being granted additional pay raises during the 1975-77 biennium in accordance with RCW 28B.50.140(3).
COMMUNITY COLLEGES - CONTRACTS - NATUROPATHY - AUTHORITY OF COMMUNITY COLLEGE TO OFFER BASIC SCIENCE COURSE UNDER CONTRACT WITH COLLEGE OF NATUROPATHY
COMMUNITY COLLEGES ‑- CONTRACTS ‑- NATUROPATHY ‑- AUTHORITY OF COMMUNITY COLLEGE TO OFFER BASIC SCIENCE COURSE UNDER CONTRACT WITH COLLEGE OF NATUROPATHY
(1) Under the authority granted to it by RCW 28A.50.140(16), a state community college district may offer, under contract with a private college of naturopathy, a two-year course in basic science representing the middle two years of a six-year curriculum leading to the issuance, by the private institution, of an N.D. (doctor of naturopathic medicine) degree, which two-year basic science program would be required to be preceded by two years of college level studies.
(2) The Council for Postsecondary Education is statutorily authorized to review the conduct of such a program and/or make advisory recommendations regarding the conduct thereof.
COMMUNITY COLLEGES - TUITION - FEES - WAIVER OF TUITION FOR STUDENTS ENROLLED IN HIGH SCHOOL COMPLETION PROGRAMS
COMMUNITY COLLEGES ‑- TUITION ‑- FEES ‑- WAIVER OF TUITION FOR STUDENTS ENROLLED IN HIGH SCHOOL COMPLETION PROGRAMS The amount of tuition and fees waived by a community college for its students enrolled in high school completion programs as required by chapter 148, Laws of 1979, 1st Ex. Sess., must be included in the 4 percent maximum waiver limitation contained in chapter 262, Laws of 1979, 1st Ex. Sess.
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - TENURE - RETENTION OF TENURE UPON APPOINTMENT TO OFFICE OF PRESIDENT
COLLEGES AND UNIVERSITIES ‑- COMMUNITY COLLEGES ‑- TENURE ‑- RETENTION OF TENURE UPON APPOINTMENT TO OFFICE OF PRESIDENT As amended by § 7, chapter 282, Laws of 1977, 1st Ex. Sess., RCW 28B.50.860 does not have the legal effect of restoring tenure to a formerly tenured community college faculty member who earlier lost his tenure upon being appointed to the position of community college president.
COMMUNITY COLLEGES - FACULTY AND EXEMPT EMPLOYEES - SALARY INCREASES UNDER SECTION 14(8), CHAPTER 339, LAWS OF 1977, 1ST EX. SESS.
COMMUNITY COLLEGES ‑- FACULTY AND EXEMPT EMPLOYEES ‑- SALARY INCREASES UNDER SECTION 14(8), CHAPTER 339, LAWS OF 1977, 1st EX. SESS. In the context of a certain described factual situation, a reduction in the number of contract days required of the faculty and exempt employees of a community college district, coupled with a retention of the previous years' salary schedule, would result in salary increases within the meaning of § 14(8), chapter 339, Laws of 1977, 1st Ex. Sess.
COMMUNITY COLLEGES - EMPLOYEES - RELEASED TIME FOR LABOR NEGOTIATIONS - SUPPLIES AND MATERIALS FOR EMPLOYEE ORGANIZATION
COMMUNITY COLLEGES ‑- EMPLOYEES ‑- RELEASED TIME FOR LABOR NEGOTIATIONS ‑- SUPPLIES AND MATERIALS FOR EMPLOYEE ORGANIZATION
(1) It is only permissible for a community college to authorize released time, without loss of compensation, for union activities by its employees if it can readily be shown, based upon the factual circumstances involved, that the work thus being performed is also of significant benefit to the college as employer.
(2) The board of trustees of a community college may agree to provide community college property and facilities to a teachers' union or other employee organization only if (a) such use of the property or facilities is not inconsistent with the purposes of the college and (b) some form of equivalent consideration is provided for in return.
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES - APPROPRIATIONS - EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- STATE BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- COMMUNITY COLLEGES ‑- APPROPRIATIONS ‑- EMPLOYEES The state board for community college education may not use funds from the appropriation contained in § 114, chapter 339, Laws of 1977, 1st Ex.Sess., to fund staff positions in minority affairs in the office of the state board itself.
COMMUNITY COLLEGES - PROFESSIONAL NEGOTIATIONS - SENATE BILL NO. 2153 - 1973
COMMUNITY COLLEGES ‑- PROFESSIONAL NEGOTIATIONS ‑- SENATE BILL NO. 2153 ‑- 1973 Effect of § 4 of Senate Bill 2153 on professional negotiations in community colleges.
COLLEGES - COMMUNITY COLLEGES - WAIVER OF TUITION FEES FOR EMPLOYEES OF STATE COLLEGES AND UNIVERSITIES
COLLEGES ‑- COMMUNITY COLLEGES ‑- WAIVER OF TUITION FEES FOR EMPLOYEES OF STATE COLLEGES AND UNIVERSITIES Constitutionality of § 3 of House Bill No. 234 (1973) for tuition waiver for employees of state colleges and universities.
COMMUNITY COLLEGES - CONTRACTS - SCHOOL DISTRICTS - AUTHORITY OF COMMUNITY COLLEGE TO OPERATE ADULT EDUCATION PROGRAMS
COMMUNITY COLLEGES ‑- CONTRACTS ‑- SCHOOL DISTRICTS ‑- AUTHORITY OF COMMUNITY COLLEGE TO OPERATE ADULT EDUCATION PROGRAMS A board of trustees of Yakima Valley College, a community college operating under chapter 28B.50 RCW, has the legal right thereunder to operate certain adult education programs in the Grandview area following expiration of an existing contract with the Grandview district on June 30, 1973.
COMMUNITY COLLEGES - TUITION - FEES - EXEMPTION FOR EMPLOYEES
COMMUNITY COLLEGES ‑- TUITION ‑- FEES ‑- EXEMPTION FOR EMPLOYEES The board of trustees of a state community college does not have the legal authority under existing law to grant either a partial or total exemption from general tuition fees, operating fees, or services and activity fees to employees of the college who are also attending classes there.
COMMUNITY COLLEGES - FEES - TUITION - AUTHORITY TO WAIVE CERTAIN FEES
COMMUNITY COLLEGES ‑- FEES ‑- TUITION ‑- AUTHORITY TO WAIVE CERTAIN FEES A community college board of trustees does not have the authority to waive tuition, operating fees, and services and activities fees for students who are enrolled in programs designed to enable them to finish their high school education and obtain a high school diploma or certificate unless those students are "needy" as defined in RCW 28B.15.523.
COMMUNITY COLLEGES - EMPLOYEES - SICK LEAVE
LEGALITY OF SICK LEAVE BANK PLAN In adopting sick leave policies for its professional staff employees under RCW 28B.50.551, a community college district may not provide for the establishment of a "sick leave bank" into which voluntarily participating employees would be allowed to contribute a designated amount of their accumulated sick leave which could thereafter be withdrawn and used by any participants in the plan who have exhausted all of their own accumulated sick leave benefits.