Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1991 NO. 16 >

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.                                                         

AGLO 1976 NO. 66 >

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."