Preproposal statement of inquiry was filed as WSR 97-21-012.

Title of Rule: Exceptional faculty awards trust fund.

Purpose: Proceeds from the endowment funds shall be used to pay expenses for faculty awards, which may include in-service training, faculty development programs, conferences, travel, publication and dissemination of exemplary projects, etc. (not all inclusive list).

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

Statute Being Implemented: Review of Title 131 WAC in response to Governor's Executive Order 97-02 pertaining to regulatory reform.

Summary: Defines exceptional faculty award program and provides limitations and uses for the endowment fund.

Name of Agency Personnel Responsible for Drafting and Implementation: Ron Crossland, State Board for Community and Technical Colleges, 319 7th Avenue, Olympia, WA, (360) 753-3674; and Enforcement: Howard Fischer, Senior Assistant Attorney General, Education Division, (360) 586-2789.

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: See Title of Rule and Purpose above.

Proposal Changes the Following Existing Rules: Minor updating of rules to reflect current practice.

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 College, South 16th Avenue and Nob Hill, Yakima, Washington, 98907-1647, on June 18, 1998, at 10 a.m.

Assistance for Persons with Disabilities: Contact Claire Krueger by June 1, 1998, FAX (360) 586-6440.

Submit Written Comments to: Claire Krueger, State Board for Community and Technical Colleges, P.O. Box 42495, Olympia, WA 98504, FAX (360) 586-6440, by June 1, 1998.

Date of Intended Adoption: June 18, 1998.

April 29, 1998

Claire C. Krueger

Executive Assistant and

Agency Rules Coordinator

AMENDATORY SECTION (Amending Order 122, Resolution Nos. 90-42 and 90-43, filed 9/20/90, effective 10/21/90)

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 district's 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 district endowment fund shall be contingent upon certification by the college district that no less than twenty-five thousand dollars of matching cash donations from private sources has been deposited in the district endowment fund.

(c) Grants to individual colleges shall not exceed:

(((i) One grant to each college prior to June 30, 1991, unless all colleges have received one grant each;

(ii))) Two grants to each college ((prior to December 31, 1991; and

(iii) Four grants to each college in any single biennium)), each year, beginning July 1, 1998.

(d) Award of requested grants to colleges shall be contingent upon determination by the state board for community and technical college ((education)) that the request is consistent with and meets the requirements of these guidelines. Further, if grant requests exceed available funds, the state board for community and technical college ((education)) shall select the recipients.

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

(f) Each college district shall establish procedures by which awards may be named in honor of a donor, benefactor, or honoree; may designate the use of funds; and may renew or redesignate the award annually.

(g) By September 1 of each year beginning in 1991, each district shall report to the state board for community and technical college ((education)) the amount of contributed endowment funds, their earnings, type of investments, and uses made during the previous fiscal year.

(h) 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) Only persons holding 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 district endowment fund shall be subject to the following limitations:

(a) The proceeds from the endowment fund shall be used to pay expenses for faculty awards, which may include 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.

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

[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.]