AN ACT Relating to education; amending RCW 28B.50.060 and 28C.04.080; adding new sections to chapter 28A.03 RCW; adding a new section to chapter 28B.50 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 28A.03 RCW to read as follows:

This act shall be known as the "education consolidation act of 1986."

NEW SECTION. Sec. 2. The purpose of this act is to amend the community college act of 1967 to:

(1) Provide greater local autonomy for local community college boards in order to:

(a) Ensure that the needs of local communities have been met and that local boards are responsive to the voters within the community college district; and

(b) Eliminate any implication that the intent of the legislature is to have the state board for community college education control the direct operation of individual community colleges or community college districts; and

(2) Provide for single administration at the state level for the kindergarten through twelfth grade common school system, technical institutes, and community colleges in order to:

(a) Minimize duplication of programs and facilities;

(b) Implement section 22, Article 2 of the Washington state Constitution which requires that the "superintendent of public instruction shall have supervision over all matters pertaining to public schools" and section 2, Article IX of the Washington state Constitution which states the "public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established";

(c) Avoid unnecessary duplication of state staff assigned to ancillary and support services to the kindergarten through twelfth grade common school system, technical institutes, and community college programs; and

(d) Provide greater coordination to program areas where joint jurisdiction exists within different systems such as adult education, community services and community schools, and high school and vocational-technical education programs.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.03 RCW to read as follows:

On the effective date of this act the superintendent of public instruction shall become the director of the state board for community college education and the committee for vocational education. The current director of the state board for community college education and the current director for the commission for vocational education shall serve for the remainder of their respective contracts as consultants to the superintendent of public instruction and shall perform such duties as requested by the superintendent of public instruction.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.03 RCW to read as follows:

There is hereby created a temporary fourteen-member special commission, consisting of the superintendent of public instruction, five senators, no more than three from one political party, to be selected by the president of the senate, five representatives, no more than three from one political party, to be selected by the speaker of the house of representatives, all members to be selected before the close of this forty-ninth regular session of the legislature, one representative of organized labor, one representative of management, and one representative of agriculture, all representatives to be appointed by the superintendent of public instruction. The commission shall meet upon the call of the superintendent of public instruction and organize in the manner best befitting their purposes. Legislative members shall be paid no compensation but shall receive, in lieu of per diem or any other payment, the amount provided for in RCW 44.04.120. Nonlegislative members shall be reimbursed for travel in accordance with RCW 43.03.050 and 43.03.060. The commission shall report to the first regular session of the 1987 legislature recommendations for necessary changes in current law that will provide for:

(1) The popular election of local community college board trustees;

(2) Authority for community colleges to raise revenue through local elections to cover capital and operating expenses in addition to those expenditures covered by state funds;

(3) The indirect election of members of the state board for community college education by the trustees of local community college districts;

(4) The division of authority between the state board for community college education and local boards of trustees, such division of authority to maximize the autonomy of local boards of trustees;

(5) The transfer of employee personnel rights of employees of the state board for community college education and the commission for vocational education to the common school system; and

(6) The necessary changes in the structure and authority of the state board of education, the superintendent of public instruction, the state board for community college education, and the commission for vocational education.

NEW SECTION. Sec. 5. A new section is added to chapter 28B.50 RCW to read as follows:

All exempt employees of the state board for community college education and the commission for vocational education, except as otherwise provided in section 3 of this act, shall be given the full rights of nonprobationary employees under the state employees merit system until July 1, 1988.

Sec. 6. Section 28B.50.060, chapter 223, Laws of 1969 ex. sess. as last amended by section 75, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 28B.50.060 are each amended to read as follows:

((A)) The superintendent of public instruction shall be the director of the state system of community colleges ((shall be appointed by the college board and shall serve at the pleasure of the college board. He shall be appointed with due regard to his fitness and background in education, by his knowledge of and recent practical experience in the field of educational administration particularly in institutions beyond the high school level. The college board may also take into consideration an applicant's proven management background even though not particularly in the field of education.

The director shall devote his time to the duties of his office and shall not have any direct pecuniary interest in or any stock or bonds of any business connected with or selling supplies to the field of education within this state, in keeping with chapter 42.18 RCW, the executive conflict of interest act.

He shall receive a salary to be fixed by the college board and shall be reimbursed for travel expenses incurred by him in the discharge of his official duties in accordance with RCW 43.03.050 and 43.03.060, as now existing or hereafter amended.

He)).

The superintendent of public instruction shall be the executive officer of the college board and serve as its secretary and under its supervision shall administer the provisions of this chapter and the rules, regulations and orders established thereunder and all other laws of the state. ((He)) The superintendent of public instruction shall attend, but not vote at, all meetings of the college board. ((He)) The superintendent of public instruction shall be in charge of offices of the college board and responsible to the college board for the preparation of reports and the collection and dissemination of data and other public information relating to the state system of community colleges. At the direction of the college board, ((he)) the superintendent of public instruction shall, together with the chairman of the college board, execute all contracts entered into by the college board.

The director shall, with the approval of the college board: (1) Employ necessary assistant directors of major staff divisions who shall serve at ((~~his~~)) the director's pleasure on such terms and conditions as ((he)) the director determines, and (2) subject to the provisions of chapter 28B.16 RCW, the higher education personnel law, the director shall, with the approval of the college board, appoint and employ such field and office assistants, clerks and other employees as may be required and authorized for the proper discharge of the functions of the college board and for whose services funds have been appropriated.

The board may, by written order filed in its office, delegate to the director any of the powers and duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised by the director in the name of the college board.

Sec. 7. Section 10, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.080 are each amended to read as follows:

The ((~~commission~~)) superintendent of public instruction shall be the executive director of the commission. The executive director may employ ((~~an executive director and~~)) such other personnel as may be necessary to carry out the purposes of this chapter. The commission in accordance with RCW 28C.04.040 shall keep its professional staff to the minimum number of persons necessary to fulfill its duties under this chapter and the performance of such other administrative responsibilities as the legislature may provide.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.