S-2960

AN ACT Relating to community and technical college tenure; amending RCW 28B.50.851; and adding a new section to chapter 28B.50 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28B.50.851 and 1991 c 294 s 2 are each amended to read as follows:

As used in RCW 28B.50.850 through 28B.50.869 and section 2 of this act:

(1) "Tenure" shall mean a faculty appointment for an indefinite period of time which may be revoked only for adequate cause and by due process;

(2)(a) "Faculty appointment", except as otherwise provided in subsection (2)(b) below, shall mean (i) full-time employment as a teacher, counselor, librarian or other position for which the training, experience, and responsibilities are comparable as determined by the appointing authority, except administrative appointments; ((~~"faculty appointment" shall also mean~~)) (ii) department heads, division heads and administrators to the extent that such department heads, division heads or administrators have had or do have status as a teacher, counselor, or librarian; ((~~faculty appointment shall also mean~~)) (iii) employment on a reduced work load basis when a faculty member has retained tenure under RCW 28B.50.859; and (iv) employment on a reduced workload basis to one of the positions described in (a)(i) and (ii) of this subsection if employment is part of a job-share as designated by the appointing authority;

(b) "Faculty appointment" shall not mean special faculty appointment as a teacher, counselor, librarian, or other position as enumerated in subsection (2)(a) of this section, when such employment results from special funds provided to a community and technical college district from federal moneys or other special funds which other funds are designated as "special funds" by the state board for community and technical colleges ((~~education~~)): PROVIDED, That such "special funds" so designated by the state board for purposes of this section shall apply only to teachers, counselors and librarians hired from grants and service agreements and teachers, counselors and librarians hired in nonformula positions. A special faculty appointment resulting from such special financing may be terminated upon a reduction or elimination of funding or a reduction or elimination of program: PROVIDED FURTHER, That "faculty appointees" holding faculty appointments pursuant to subsections (1) or (2)(a) who have been subsequently transferred to positions financed from "special funds" pursuant to subsection (2)(b) and who thereafter lose their positions upon reduction or elimination of such "special funding" shall be entitled to be returned to previous status as faculty appointees pursuant to subsection (1) or (2)(a) depending upon their status prior to the "special funding" transfer. Notwithstanding the fact that tenure shall not be granted to anyone holding a special faculty appointment, the termination of any such faculty appointment prior to the expiration of the term of such faculty member's individual contract for any cause which is not related to elimination or reduction of financing or the elimination or reduction of program shall be considered a termination for cause subject to the provisions of this chapter;

(3) "Probationary faculty appointment" shall mean a faculty appointment for a designated period of time which may be terminated without cause upon expiration of the probationer's terms of employment;

(4) "Probationer" shall mean an individual holding a probationary faculty appointment;

(5) "Administrative appointment" shall mean employment in a specific administrative position as determined by the appointing authority;

(6) "Appointing authority" shall mean the board of trustees of a community college district;

(7) "Review committee" shall mean a committee composed of the probationer's faculty peers or tenured faculty member's peers, a student representative, and the administrative staff of the community college: PROVIDED, That the majority of the committee shall consist of the probationer's faculty peers or tenured faculty member's peers.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:

(1) In making an appointment to a full-time faculty position, the appointing authority shall consider applications from two individuals wishing to share a job. All announcements of job openings shall contain a statement indicating that applications from individuals wishing to share the position will be accepted.

(2) A job share appointment shall be of sufficient number of hours to permit each appointee to be eligible for benefits to the same extent as faculty with half-time or more employment.