WSR 04-07-095

PROPOSED RULES

STATE BOARD FOR

COMMUNITY AND TECHNICAL COLLEGES

[ Filed March 16, 2004, 3:25 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-03-032.

Title of Rule: Exceptional faculty awards trust funds.

Purpose: Revision to existing rules related to this program required by passage of EHB 1403 by the 2003 legislature.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Section 603, chapter 371, Laws of 2002.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Bill Moore, 319 7th Avenue S.E., Olympia, WA 98504, (360) 704-4346; Implementation and Enforcement: Jan Yoshiwara, 319 7th Avenue S.E., Olympia, WA 98504, (360) 704-4353.

Name of Proponent: State Board for Community and Technical Colleges, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Revision to existing rules related to this program is required by the passage of EHB 1403 by 2003 legislature. The program has been changed in two ways: (a) The amount of matching grant fund increments has been reduced from $25,000 to $10,000, and (b) the biennial grant award limit of $100,000 has been removed.

Proposal Changes the Following Existing Rules: Revision to existing rules related to the exceptional faculty award trust funds required by passage of EHB 1403 by the 2003 legislature.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business economic impact.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Yakima Valley Community College, P.O. Box 22520, 16th Avenue and Nob Hill Boulevard, Yakima, WA 98907, on May 6, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact DelRae Oderman by April 30, 2004, fax (360) 586-6440.

Submit Written Comments to: Jan Yoshiwara, State Board for Community and Technical Colleges, P.O. Box 42495, Olympia, WA 98504-2495, fax (360) 586-0050, by April 30, 2004.

Date of Intended Adoption: May 6, 2004.

March 15, 2004

DelRae Oderman

Executive Assistant

Agency Rules Coordinator

OTS-6952.1


AMENDATORY SECTION(Amending WSR 00-20-039, filed 9/28/00, effective 10/29/00)

WAC 131-16-450   Exceptional faculty awards trust fund.   (1) Pursuant to chapter 29, Laws of 1990, the community and technical college exceptional faculty award program shall be subject to the following limitations:

(a) All funds generated by and through this program shall be credited to the college or its foundation exceptional faculty local endowment trust fund, from which only the earnings of such funds may be expended for the purpose of this program.

(b) Authorization to transfer funds from the exceptional faculty award trust fund in the state treasury to a college or its foundation endowment fund shall be contingent upon certification by the college that no less than ((twenty-five)) ten thousand dollars of matching cash donations from private sources has been deposited in the college endowment fund.

(c) ((Grants to an individual college or its foundation shall not exceed: Four grants to each college, in any single biennium.

(d))) Award of requested grants to a college or its foundation shall be contingent upon determination by the state board for community and technical college that the request is consistent with and meets the requirements of the rules of the state board for community and technical colleges and RCW 28B.50.835 through 28B.50.844. Further, if grant requests exceed available funds, the state board for community and technical college shall select the recipients.

(((e))) (d) Funds granted for the purposes of the faculty awards program shall be held in trust by the college to which such funds were specifically awarded.

(((f))) (e) Each college shall establish procedures by which awards may be named in honor of a donor, benefactor, or honoree; may designate the use of funds to individuals, groups, or for the improvement of the faculty as a whole; and may renew or redesignate the award annually.

(((g))) (f) At the end of each fiscal year, the state board for community and technical colleges will request an accounting from each of the participating colleges to include the amount of contributed endowment funds, their earnings, type of investments, and uses made during the previous fiscal year.

(((h))) (g) The process for determining awards shall be subject to collective bargaining, except that the amount of individual awards and the recipient(s) shall be determined by the district board of trustees.

(((i))) (h) Only individuals, groups, or the faculty as a whole, who hold faculty assignments as defined by RCW 28B.52.020(2) shall be eligible to receive awards under this section.

(2) The award of exceptional faculty grants from the college endowment fund shall be subject to the following limitations:

The proceeds from the endowment fund shall be used to pay expenses for faculty awards, which may include faculty development activities, in-service training, temporary substitute or replacement costs directly associated with faculty development programs, conferences, travel, publication and dissemination of exemplary projects; to make a one time supplement to the salary of the holder or holders of a faculty award, for the duration of the award; or to pay expenses associated with the holder's program area.

(3) Funds from this program shall not be used to supplant existing faculty development funds.

[Statutory Authority: Chapter 28B.50 RCW. 00-20-039, 131-16-450, filed 9/28/00, effective 10/29/00; 99-13-013, 131-16-450, filed 6/4/99, effective 7/5/99; 98-15-007, 131-16-450, filed 7/2/98, effective 8/2/98. Statutory Authority: RCW 28B.50.090 (7)(d) and (10), 28B.50.851, 28B.15.502(4), 28B.15.522, 28B.50.140(3) and 1990 c 29. 90-20-009 (Order 122, Resolution Nos. 90-42 and 90-43), 131-16-450, filed 9/20/90, effective 10/21/90.]

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