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

Title of Rule: General standards for qualifications for community and technical college personnel; definition of "special funds" for the purpose of determining eligibility for tenurable faculty positions; repealers "layoff unit defined" and "duration of reduction in force lists.".

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

Statute Being Implemented: Updated WACs to comply with Governor's Executive Order 97-02 related to regulatory reform.

Summary: See Title of Rule above.

Name of Agency Personnel Responsible for Drafting and Implementation: Scott Morgan, 319 7th Avenue, Olympia, WA, (360) 753-0880; 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 above.

Proposal Changes the Following Existing Rules: Minor changes to reflect current practice.

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

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Yakima Valley College, 16th and Nob Hill, Yakima, Washington, on June 18, 1998, at 10 a.m.

Assistance for Persons with Disabilities: Contact C. Krueger, FAX (360) 586-6440, by June 1, 1998, or phone (360) 753-7413.

Submit Written Comments to: C. Krueger, P.O. Box 42495, Olympia, WA 98504-2495, FAX (360) 586-6440, by June 1, 1998.

Date of Intended Adoption: June 18, 1998.

May 6, 1998

Claire C. Krueger

Executive Assistant and

Agency Rules Coordinator

AMENDATORY SECTION (Amending Order 134, Resolution No. 91-27, filed 10/4/91, effective 11/4/91)

WAC 131-16-080  General standards of qualifications for community and technical college personnel. Prior to employment of candidates to perform professional services in Washington community and technical colleges, the district board of trustees shall establish that the candidate possesses:

(1) Scholarship and/or technical skill that represents appropriate study, training, and skills in the proposed area of assignment,

(2) Expertise as a practitioner as evidenced by reports of former associates and supervisors,

(3) A demonstrable understanding and acceptance of the role to be played as a partner in an educational enterprise serving the best interests of the students,

(4) A demonstrable understanding and acceptance of the mission, role, and character of the community or technical college,

(5) The ability to perform assigned duties in a manner consistent with the goals of the institution and the community and technical college system, and

(6) Personal characteristics that contribute to the ability to promote the welfare of the students, the institution, and the state of Washington.

[Statutory Authority: RCW 28B.50.090 (7)(a). 91-21-009 (Order 134, Resolution No. 91-27), § 131-16-080, filed 10/4/91, effective 11/4/91; 80-13-011 (Order 82, Resolution No. 80-14), § 131-16-080, filed 9/8/80; Order 22, § 131-16-080, filed 11/27/73; Order 5, § 131-16-080, filed 12/12/69.]

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

WAC 131-16-400  Definition of "special funds" for the purpose of determining eligibility for tenurable faculty positions. (1) RCW 28B.50.851 authorizes the state board for community and technical colleges ((education)) to designate certain funds as "special funds" for the purpose of exempting positions funded thereby from the award of community college faculty tenure status as provided in RCW 28B.50.850 through 28B.50.869.

(2) For the purpose of implementing the provisions of RCW 28B.50.851, "special funds" shall be defined as all funds received by a ((community)) college district other than those generated by operating fees ((and special fees)) collected by such district pursuant to chapter 28B.15 RCW ((28B.15.100 and 28B.15.500)) and state general funds appropriated by the legislature and distributed to college districts by the state board by formula allocation.

(3) "Special funds" shall include, but not be limited to, funds designated as special funds by the legislature, funds received by a community college district through contracts with federal, state, local, or private agencies; grants or gifts from philanthropic organizations; revenue produced by any auxiliary enterprise operated by a college district; federal vocational funds ((distributed by the commission for vocational education; adult basic education funds distributed by the superintendent of public instruction)); funds awarded to colleges by the state board as grants for specified purposes, not allocated by formula; and specifically funds received for operating overseas military educational programs.

(4) In order to qualify for the exemption from faculty tenure status, a position must be primarily maintained and funded at least 51% for salary and related benefits by such "special funds" as defined in this section.

(5) Determination of the application of the provisions of this section to any future programs shall be made by the state director consistent with subsections (2) and (3) of this section.

[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), § 131-16-400, filed 9/20/90, effective 10/21/90; Order 67, § 131-16-400, filed 9/13/77; Order 57, § 131-16-400, filed 5/10/76; Order 43, § 131-16-400, filed 9/12/75.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 131-16-210 Layoff unit defined.

WAC 131-16-220 Duration of reduction in force lists.