AGO Opinion Topics: ADULT EDUCATION

(1) May a school district, in providing community education programs on a nontuition and noncredit basis pursuant to § 1, chapter 138, Laws of 1973, include within such programs one or more courses of study which come within the purview of the term "vocational education" as defined in RCW 28A.09.120 (1)?  (2) In view of the fact that chapter 138, Laws of 1973, only authorizes a school district to provide community education programs on a noncredit and nontuition basis, what authority is there under any other existing state statutes for a school district which had not established a vocational‑technical institute under former RCW 28.09.050 prior to its repeal by § 73, chapter 8, Laws of 1967, Ex. Sess., either to charge tuition or to grant credit to adults [Orig. Op. Page 3] enrolled in a vocational education course being conducted by it outside of its regular K‑12 (elementary and secondary school) programs? (3) If a school district, having previously operated an adult education program in accordance with a contract with a community college district under RCW 28B.50.530, terminates that contract and then proceeds to provide the same courses of study itself on a nontuition and noncredit basis pursuant to § 1, chapter 138, Laws of 1973, will the program in question then constitute a "new community education program" so as to be ineligible for immediate state funding to begin it under the final proviso of that statute?