RCW ch. 28B.50 — Revised Code of Washington Chapter 28B.50 RCW — Community And Technical Colleges

RCW 28B.50.010 Short title. This chapter shall be known as and may be cited as the community and technical college act of 1991. [ 1991 c 238 s 20; 1969 ex.s. c 223 s 28B.50.010. Prior: 1967 ex.s. c 8 s 1. Formerly RCW 28.85.010.] RCW 28B.50.020 Purpose. The purpose of this chapter is to provide for the dramatically increasing number of students requiring high standards of education either as a part of the continuing higher education program or for occupational education and training, or for adult basic skills and literacy education, by creating a new, independent system of community and technical colleges which will: (1) Offer an open door to every citizen, regardless of his or her academic background or experience, at a cost normally within his or her economic means; (2) Ensure that each college district, in coordination with adjacent college districts, shall offer thoroughly comprehensive educational, training, and service programs to meet the needs of both the communities and students served by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and workforce literacy programs and services; (3) Provide for basic skills and literacy education, and occupational education and technical training in order to prepare students for careers in a competitive workforce; (4) Provide or coordinate related and supplemental instruction for apprentices at community and technical colleges; (5) Provide administration by state and local boards which will avoid unnecessary duplication of facilities, programs, student services, or administrative functions; and which will encourage efficiency in operation and creativity and imagination in education, training, and service to meet the needs of the community and students; (6) Allow for the growth, improvement, flexibility and modification of the community colleges and their education, training, and service programs as future needs occur; and (7) Establish firmly that as provided under RCW 28B.50.810, community colleges are, for purposes of academic training, two year institutions, and are an independent, unique, and vital section of our state's higher education system, separate from both the common school system and other institutions of higher learning. [ 2010 c 246 s 2; 2010 c 245 s 2; 2009 c 64 s 2; 2005 c 258 s 7; 1991 c 238 s 21; 1969 ex.s. c 261 s 17; 1969 ex.s. c 223 s 28B.50.020. Prior: 1967 ex.s. c 8 s 2.] NOTES: Reviser's note: RCW 28B.50.030 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adult education" means all education or instruction, including academic, vocational education or training, basic skills and literacy training, and "occupational education" provided by public educational institutions, including common school districts for persons who are eighteen years of age and over or who hold a high school diploma or certificate. However, "adult education" shall not include academic education or instruction for persons under twenty-one years of age who do not hold a high school degree or diploma and who are attending a public high school for the sole purpose of obtaining a high school diploma or certificate, nor shall "adult education" include education or instruction provided by any four-year public institution of higher education. (2) "Applied baccalaureate degree" means a baccalaureate degree awarded by a college under RCW 28B.50.810 for successful completion of a program of study that is: (a) Specifically designed for individuals who hold an associate of applied science degree, or its equivalent, in order to maximize application of their technical course credits toward the baccalaureate degree; and (b) Based on a curriculum that incorporates both theoretical and applied knowledge and skills in a specific technical field. (3) "Board" means the workforce training and education coordinating board. (4) "Board of trustees" means the local community and technical college board of trustees established for each college district within the state. (5) "Center of excellence" means a community or technical college designated by the college board as a statewide leader in industry-specific, community and technical college workforce education and training. (6) "College board" means the state board for community and technical colleges created by this chapter. (7) "Common school board" means a public school district board of directors. (8) "Community college" includes those higher education institutions that conduct education programs under RCW 28B.50.020. (9) "Director" means the administrative director for the state system of community and technical colleges. (10) "Dislocated forest product worker" means a forest products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business' services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area. (11) "Dislocated salmon fishing worker" means a finfish products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business's services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area. (12) "District" means any one of the community and technical college districts created by this chapter. (13) "Forest products worker" means a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting these definitions. (14) "High employer demand program of study" means an apprenticeship, or an undergraduate or graduate certificate or degree program in which the number of students prepared for employment per year from in-state institutions is substantially less than the number of projected job openings per year in that field, statewide or in a substate region. (15) "K-12 system" means the public school program including kindergarten through the twelfth grade. (16) "Occupational education" means education or training that will prepare a student for employment that does not require a baccalaureate degree, and education and training that will prepare a student for transfer to bachelor's degrees in professional fields, subject to rules adopted by the college board. (17) "Qualified institutions of higher education" means: (a) Washington public community and technical colleges; (b) Private career schools that are members of an accrediting association recognized by rule of the student achievement council for the purposes of chapter 28B.92 RCW; and (c) Washington state apprenticeship and training council-approved apprenticeship programs. (18) "Rural natural resources impact area" means: (a) A nonmetropolitan county, as defined by the 1990 decennial census, that meets three of the five criteria set forth in subsection (19) of this section; (b) A nonmetropolitan county with a population of less than forty thousand in the 1990 decennial census, that meets two of the five criteria as set forth in subsection (19) of this section; or (c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that meets three of the five criteria set forth in subsection (19) of this section. (19) For the purposes of designating rural natural resources impact areas, the following criteria shall be considered: (a) A lumber and wood products employment location quotient at or above the state average; (b) A commercial salmon fishing employment location quotient at or above the state average; (c) Projected or actual direct lumber and wood products job losses of one hundred positions or more; (d) Projected or actual direct commercial salmon fishing job losses of one hundred positions or more; and (e) An unemployment rate twenty percent or more above the state average. The counties that meet these criteria shall be determined by the employment security department for the most recent year for which data is available. For the purposes of administration of programs under this chapter, the United States post office five-digit zip code delivery areas will be used to determine residence status for eligibility purposes. For the purpose of this definition, a zip code delivery area of which any part is ten miles or more from an urbanized area is considered nonurbanized. A zip code totally surrounded by zip codes qualifying as nonurbanized under this definition is also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to all agencies and organizations providing services under this chapter. (20) "Salmon fishing worker" means a worker in the finfish industry affected by 1994 or future salmon disasters. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries involved in the commercial and recreational harvesting of finfish including buying and processing finfish. The commissioner may adopt rules further interpreting these definitions. (21) "System" means the state system of community and technical colleges, which shall be a system of higher education. (22) "Technical college" includes those higher education institutions with the mission of conducting occupational education, basic skills, literacy programs, and offering on short notice, when appropriate, programs that meet specific industry needs. For purposes of this chapter, technical colleges shall include the following college districts as created in RCW 28B.50.040: The twenty-fifth college district, the twenty-sixth college district, the twenty-seventh college district, the twenty-eighth college district, and the twenty-ninth college district. [ 2021 c 2 s 2; 2015 c 55 s 226; 2012 c 229 s 536. Prior: 2009 c 353 s 1; 2009 c 151 s 3; 2009 c 64 s 3; 2007 c 277 s 301; 2005 c 258 s 8; 2003 2nd sp.s. c 4 s 33; 1997 c 367 s 13; 1995 c 226 s 17; 1992 c 21 s 5; prior: 1991 c 315 s 15; 1991 c 238 s 22; 1985 c 461 s 14; 1982 1st ex.s. c 53 s 24; 1973 c 62 s 12; 1969 ex.s. c 261 s 18; 1969 ex.s. c 223 s 28B.50.030; prior: 1967 ex.s. c 8 s 3.] NOTES: Intent— RCW 28B.50.040 College districts enumerated. The state of Washington is hereby divided into thirty college districts as follows: (1) The first district shall encompass the counties of Clallam and Jefferson; (2) The second district shall encompass the counties of Grays Harbor and Pacific; (3) The third district shall encompass the counties of Kitsap and Mason; (4) The fourth district shall encompass the counties of San Juan, Skagit and Island; (5) The fifth district shall encompass Snohomish county except for the Northshore common school district and that portion encompassed by the twenty-third district created in subsection (23) of this section: PROVIDED, That the fifth district shall encompass the Everett Community College; (6) The sixth district shall encompass the present boundaries of the common school districts of Seattle and Vashon Island, King county; (7) The seventh district shall encompass the present boundary of the common school district of Shoreline in King county; (8) The eighth district shall encompass the present boundaries of the common school districts of Bellevue, Issaquah, Mercer Island, Skykomish and Snoqualmie, King county; (9) The ninth district shall encompass the present boundaries of the common school districts of Federal Way, Highline and South Central, King county; (10) The tenth district shall encompass the present boundaries of the common school districts of Auburn, Black Diamond, Renton, Enumclaw, Kent, Lester and Tahoma, King county, and the King county portion of Puyallup common school district No. 3; (11) The eleventh district shall encompass all of Pierce county, except for the present boundaries of the common school districts of Tacoma and Peninsula; (12) The twelfth district shall encompass Lewis county, the Rochester common school district No. 401, the Tenino common school district No. 402 of Thurston county, and the Thurston county portion of the Centralia common school district No. 401; (13) The thirteenth district shall encompass the counties of Cowlitz, and Wahkiakum; (14) The fourteenth district shall encompass the counties of Clark, Skamania and that portion of Klickitat county not included in the sixteenth district; (15) The fifteenth district shall encompass the counties of Chelan, Douglas and Okanogan; (16) The sixteenth district shall encompass the counties of Kittitas, Yakima, and that portion of Klickitat county included in United States census divisions 1 through 4; (17) The seventeenth district shall encompass the counties of Ferry, Lincoln (except consolidated school district 105-157-166J and the Lincoln county portion of common school district 167-202), Pend Oreille, Spokane, Stevens and Whitman; (18) The eighteenth district shall encompass the counties of Adams and Grant, and that portion of Lincoln county comprising consolidated school district 105-157-166J and common school district 167-202; (19) The nineteenth district shall encompass the counties of Benton and Franklin; (20) The twentieth district shall encompass the counties of Asotin, Columbia, Garfield and Walla Walla; (21) The twenty-first district shall encompass Whatcom county; (22) The twenty-second district shall encompass the present boundaries of the common school districts of Tacoma and Peninsula, Pierce county; (23) The twenty-third district shall encompass that portion of Snohomish county within such boundaries as the state board for community and technical colleges shall determine: PROVIDED, That the twenty-third district shall encompass the Edmonds Community College; (24) The twenty-fourth district shall encompass all of Thurston county except the Rochester common school district No. 401, the Tenino common school district No. 402, and the Thurston county portion of the Centralia common school district No. 401; (25) The twenty-fifth district shall encompass all of Whatcom county; (26) The twenty-sixth district shall encompass the Northshore, Lake Washington, Bellevue, Mercer Island, Issaquah, Riverview, Snoqualmie Valley and Skykomish school districts; (27) The twenty-seventh district shall encompass the Renton, Kent, Auburn, Tahoma, and Enumclaw school districts and a portion of the Seattle school district described as follows: Commencing at a point established by the intersection of the Duwamish river and the south boundary of the Seattle Community College District (number six) and thence north along the centerline of the Duwamish river to the west waterway; thence north along the centerline of the west waterway to Elliot Bay; thence along Elliot Bay to a line established by the intersection of the extension of Denny Way to Elliot Bay; thence east along the line established by the centerline of Denny Way to Lake Washington; thence south along the shoreline of Lake Washington to the south line of the Seattle Community College District; and thence west along the south line of the Seattle Community College District to the point of beginning; (28) The twenty-eighth district shall encompass all of Pierce county; (29) The twenty-ninth district shall encompass all of Pierce county; and (30) The thirtieth district shall encompass the present boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King and Snohomish counties. [ 1994 c 217 s 2; 1991 c 238 s 23; 1988 c 77 s 1; 1981 c 72 s 1; 1973 1st ex.s. c 46 s 7; 1969 ex.s. c 223 s 28B.50.040. Prior: 1967 ex.s. c 8 s 4. Formerly RCW 28.85.040.] NOTES: Effective date— RCW 28B.50.050 State board for community and technical colleges. (1) There is hereby created the "state board for community and technical colleges," to consist of 10 members who represent the geographic diversity of the state, and who shall be appointed by the governor, with the consent of the senate. At least two members shall reside east of the Cascade mountains. In making these appointments, the governor shall attempt to provide geographic balance and give consideration to representing labor, business, women, and racial and ethnic minorities, among the membership of the board. At least one member of the board shall be from business and at least one member of the board shall be from labor. One member of the board shall be a student enrolled at a community or technical college. (2) The members, except for the student member, shall be appointed for terms of four years except that a person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of such term. The student member shall serve for a term of one year. The student member must be at least 18 years of age at the time of appointment. Each member shall serve until the appointment and qualification of his or her successor. All members shall be citizens and bona fide residents of the state. (3) Members of the college board shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060 for each day actually spent in attending to the duties as a member of the college board. (4) The members of the college board may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office, in the manner provided by RCW 28B.10.500. (5) A student appointed under this section shall excuse themself from participating or voting on matters relating to hiring, discipline, personnel, or issues pertaining to pending litigation. (6) The college board may adopt rules to implement this section. [ 2025 c 91 s 2; 1991 c 238 s 30; 1988 c 76 s 1; 1984 c 287 s 64; 1982 1st ex.s. c 30 s 9; 1975-'76 2nd ex.s. c 34 s 74; 1973 c 62 s 13; 1969 ex.s. c 261 s 19; 1969 ex.s. c 223 s 28B.50.050. Prior: 1967 ex.s. c 8 s 5.] NOTES: Findings— RCW 28B.50.060 Director of the state system of community and technical colleges—Appointment—Term—Qualifications—Salary and travel expenses—Duties. A director of the state system of community and technical colleges shall be appointed by the college board and shall serve at the pleasure of the college board. The director shall be appointed with due regard to the applicant's fitness and background in education, and 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 or her time to the duties of his or her 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 42.52 RCW. The director shall receive a salary to be fixed by the college board and shall be reimbursed for travel expenses incurred in the discharge of his or her official duties in accordance with RCW 43.03.050 and 43.03.060. The director 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 and orders established thereunder and all other laws of the state. The director shall attend, but not vote at, all meetings of the college board. The director 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 and technical colleges. At the direction of the college board, the director shall, together with the chair 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 the director's pleasure on such terms and conditions as the director determines, and (2) subject to the provisions of chapter 41.06 RCW 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. [ 2011 c 336 s 738; 1994 c 154 s 306; 1991 c 238 s 31; 1975-'76 2nd ex.s. c 34 s 75; 1973 1st ex.s. c 46 s 8; 1973 c 62 s 14; 1969 ex.s. c 261 s 20; 1969 ex.s. c 223 s 28B.50.060. Prior: 1967 ex.s. c 8 s 6.] NOTES: Effective date— RCW 28B.50.070 College board—Organization—Meetings—Quorum—Biennial report—Fiscal year. The governor shall make the appointments to the college board. The college board shall organize, adopt a seal, and adopt bylaws for its administration, not inconsistent herewith, as it may deem expedient and may from time to time amend such bylaws. Annually the board shall elect a chairperson and vice chairperson; all to serve until their successors are appointed and qualified. The college board shall at its initial meeting fix a date and place for its regular meeting. Six members shall constitute a quorum, and no meeting shall be held with less than a quorum present, and no action shall be taken by less than a majority of the college board. Special meetings may be called as provided by its rules and regulations. Regular meetings shall be held at the college board's established offices in Olympia, but whenever the convenience of the public or of the parties may be promoted, or delay or expenses may be prevented, it may hold its meetings, hearings or proceedings at any other place designated by it. Subject to RCW 40.07.040, the college board shall transmit a report in writing to the governor biennially which report shall contain such information as may be requested by the governor. The fiscal year of the college board shall conform to the fiscal year of the state. [ 2025 c 91 s 3; 1987 c 505 s 15; 1986 c 130 s 1; 1977 c 75 s 26; 1973 c 62 s 15; 1969 ex.s. c 223 s 28B.50.070. Prior: 1967 ex.s. c 8 s 7. Formerly RCW 28.85.070.] NOTES: Findings— RCW 28B.50.080 College board—Offices and office equipment, including necessary expenses. Suitable offices and office equipment shall be provided by the state for the college board in the city of Olympia, and the college board may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter. [ 1969 ex.s. c 223 s 28B.50.080. Prior: 1967 ex.s. c 8 s 8. Formerly RCW 28.85.080.] RCW 28B.50.085 College board—Treasurer—Appointment, duties, bond—Depository. The state board for community and technical colleges shall appoint a treasurer who shall be the financial officer of the board, who shall make such vendor payments and salary payments for the entire community and technical college system as authorized by the state board, and who shall hold office during the pleasure of the board. All moneys received by the state board and not required to be deposited elsewhere, shall be deposited in a depository selected by the board, which moneys shall be subject to the budgetary and audit provisions of law applicable to state agencies. The depository selected by the state board shall conform to the collateral requirements required for the deposit of other state funds. Disbursement shall be made by check signed by the treasurer. The treasurer shall render a true and faithful account of all moneys received and paid out by him or her and shall give bond for the faithful performance of the duties of his or her office in such amount as the board requires: PROVIDED, That the board shall pay the fee for any such bonds. [ 1991 c 238 s 32; 1981 c 246 s 4.] NOTES: Severability— RCW 28B.50.090 College board—Powers and duties. The college board shall have general supervision and control over the state system of community and technical colleges. In addition to the other powers and duties imposed upon the college board by this chapter, the college board shall be charged with the following powers, duties and responsibilities: (1) Review the budgets prepared by the boards of trustees, prepare a single budget for the support of the state system of community and technical colleges and adult education, and submit this budget to the governor as provided in RCW 43.88.090; (2) Establish guidelines for the disbursement of funds; and receive and disburse such funds for adult education and maintenance and operation and capital support of the college districts in conformance with the state and district budgets, and in conformance with chapter 43.88 RCW; (3) Ensure, through the full use of its authority: (a) That each college district, in coordination with colleges, within a regional area, shall offer thoroughly comprehensive educational, training, and service programs to meet the needs of both the communities and students served by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; and community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and workforce literacy programs and services; (b) That each college district shall maintain an open-door policy, to the end that no student will be denied admission because of the location of the student's residence or because of the student's educational background or ability; that, insofar as is practical in the judgment of the college board, curriculum offerings will be provided to meet the educational and training needs of the community generally and the students thereof; and that all students, regardless of their differing courses of study, will be considered, known and recognized equally as members of the student body: PROVIDED, That the administrative officers of a community or technical college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, the student would not be competent to profit from the curriculum offerings of the college, or would, by his or her presence or conduct, create a disruptive atmosphere within the college not consistent with the purposes of the institution. This subsection (3)(b) shall not apply to competency, conduct, or presence associated with a disability in a person twenty-one years of age or younger attending a technical college; (4) Prepare a comprehensive master plan for the development of community and technical college education and training in the state; and assist the office of financial management in the preparation of enrollment projections to support plans for providing adequate college facilities in all areas of the state. The master plan shall include implementation of the vision, goals, priorities, and strategies in the statewide strategic master plan for higher education under *RCW 28B.76.200 based on the community and technical college system's role and mission. The master plan shall also contain measurable performance indicators and benchmarks for gauging progress toward achieving the goals and priorities; (5) Define and administer criteria and guidelines for the establishment of new community and technical colleges or campuses within the existing districts; (6) Establish criteria and procedures for modifying district boundary lines and consolidating district structures to form multiple campus districts consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended and in accordance therewith make such changes as it deems advisable; (7) Establish minimum standards to govern the operation of the community and technical colleges with respect to: (a) Qualifications and credentials of instructional and key administrative personnel, except as otherwise provided in the state plan for vocational education; (b) Internal budgeting, accounting, auditing, and financial procedures as necessary to supplement the general requirements prescribed pursuant to chapter 43.88 RCW; (c) The content of the curriculums and other educational and training programs, and the requirement for degrees and certificates awarded by the colleges; (d) Standard admission policies; (e) Eligibility of courses to receive state fund support; and (f) Common student identifiers such that once a student has enrolled at any community or technical college he or she retains the same student identification upon transfer to any college district; (8) Encourage colleges to use multiple measures to determine whether a student must enroll in a precollege course including, but not limited to, placement tests, the SAT, high school transcripts, college transcripts, or initial class performance, and require colleges to post all the available options for course placement on their website and in their admissions materials; (9) Establish and administer criteria and procedures for all capital construction including the establishment, installation, and expansion of facilities within the various college districts; (10) Encourage innovation in the development of new educational and training programs and instructional methods; coordinate research efforts to this end; and disseminate the findings thereof; (11) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter; (12) Authorize the various community and technical colleges to offer programs and courses in other districts when it determines that such action is consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended; (13) Notwithstanding any other law or statute regarding the sale of state property, sell or exchange and convey any or all interest in any community and technical college real and personal property, except such property as is received by a college district in accordance with RCW 28B.50.140(8), when it determines that such property is surplus or that such a sale or exchange is in the best interests of the community and technical college system; (14) In order that the treasurer for the state board for community and technical colleges appointed in accordance with RCW 28B.50.085 may make vendor payments, the state treasurer will honor warrants drawn by the state board providing for an initial advance on July 1, 1982, of the current biennium and on July 1st of each succeeding biennium from the state general fund in an amount equal to twenty-four percent of the average monthly allotment for such budgeted biennium expenditures for the state board for community and technical colleges as certified by the office of financial management; and at the conclusion of such initial month and for each succeeding month of any biennium, the state treasurer will reimburse expenditures incurred and reported monthly by the state board treasurer in accordance with chapter 43.88 RCW: PROVIDED, That the reimbursement to the state board for actual expenditures incurred in the final month of each biennium shall be less the initial advance made in such biennium; (15) Notwithstanding the provisions of subsection (13) of this section, may receive such gifts, grants, conveyances, devises, and bequests of real or personal property from private sources as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community and technical college programs and may sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof; and (16) The college board shall have the power of eminent domain. [ 2013 c 57 s 1; 2011 c 109 s 1; 2010 c 246 s 3; 2009 c 64 s 4; 2004 c 275 s 57; 2003 c 130 s 6; 1991 c 238 s 33; 1982 c 50 s 1; 1981 c 246 s 2; 1979 c 151 s 20; 1977 ex.s. c 282 s 4; 1973 c 62 s 16; 1969 ex.s. c 261 s 21; 1969 ex.s. c 223 s 28B.50.090. Prior: 1967 ex.s. c 8 s 9.] NOTES: *Reviser's note: RCW 28B.50.091 Board to waive fees for students finishing their high school education. See RCW 28B.15.520. RCW 28B.50.092 Program for military personnel—Restrictions as to high school completion program. The state board for community and technical colleges may authorize any board of trustees to do all things necessary to conduct an education, training, and service program authorized by chapter 28B.50 RCW, as now or hereafter amended, for United States military personnel and their dependents, and department of defense civilians and their dependents, at any geographical location: PROVIDED, That such programs shall be limited to those colleges which conducted programs for United States military personnel prior to January 1, 1977: PROVIDED FURTHER, That any high school completion program conducted pursuant to this section shall comply with standards set forth in rules and regulations promulgated by the superintendent of public instruction and the state board of education: AND PROVIDED FURTHER, That the superintendent of public instruction shall issue the certificate or diploma in recognition of high school completion education provided pursuant to this section. [ 1991 c 238 s 34; 1977 ex.s. c 131 s 1; 1973 c 105 s 1.] RCW 28B.50.093 Program for military personnel—Limitation. Prior to the state board granting authorization for any programs authorized under RCW 28B.50.092, the state board shall determine that such authorization will not deter from the primary functions of the community and technical college system within the state of Washington as prescribed by chapter 28B.50 RCW. [ 1991 c 238 s 35; 1973 c 105 s 2.] RCW 28B.50.094 Program for military personnel—Costs of funding. The costs of funding programs authorized by RCW 28B.50.092 through 28B.50.094 shall ultimately be borne by grants or fees derived from nonstate treasury sources. [ 1973 c 105 s 3.] RCW 28B.50.095 Registration at more than one community and technical college. In addition to other powers and duties, the college board may issue rules and regulations permitting a student to register at more than one community and technical college, provided that such student shall pay tuition and fees as if the student were registered at a single college, but not to exceed tuition and fees charged a full-time student as established under chapter 28B.15 RCW. [ 1995 1st sp.s. c 9 s 11; 1991 c 238 s 36; 1983 c 3 s 40; 1973 c 129 s 1.] NOTES: Intent— RCW 28B.50.096 Cooperation with workforce training and education coordinating board. The college board shall cooperate with the workforce training and education coordinating board in the conduct of the board's responsibilities under RCW 28C.18.060 and shall provide information and data in a format that is accessible to the board. [ 1991 c 238 s 79.] RCW 28B.50.097 Electronic job bank. (1) The college board shall create an electronic job bank on its website to act as a clearinghouse for people seeking academic teaching positions at the state's community and technical colleges. The job bank must be accessible on the internet. Use of the electronic job bank is not mandatory. (2) The college board shall include a separate section on its electronic job bank reserved for the exclusive listing of part-time academic employment opportunities at state community and technical colleges. (3) The separate section of the electronic job bank under subsection (2) of this section must, at a minimum, include an internet link to each of the following components, if available from the community or technical college offering the employment opportunity: (a) A description of the open position; (b) A listing of required skills and experience necessary for the position; and (c) The district where the employment opening exists. (4) The college board shall develop a strategy to promote its electronic job bank to prospective candidates. [ 2001 c 110 s 1.] RCW 28B.50.098 Appointment of trustees for new college district. In the event a new college district is created, the governor shall appoint new trustees to the district's board of trustees in accordance with RCW 28B.50.100. [ 1991 c 238 s 134.] RCW 28B.50.100 Boards of trustees—Generally. There is hereby created a board of trustees for each college district as set forth in this chapter. Each board of trustees shall be composed of five trustees, except as provided in RCW 28B.50.102, who shall be appointed by the governor for terms commencing October 1st of the year in which appointed. In making such appointments, the governor shall give consideration to geographical diversity, and representing labor, business, women, and racial and ethnic minorities, in the membership of the boards of trustees. The boards of trustees for districts containing technical colleges shall include at least one member from business and one member from labor. The successors of the trustees initially appointed shall be appointed by the governor to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of the term. Each member shall serve until a successor is appointed and qualified. Every trustee shall be a resident and qualified elector of the college district. No trustee may be an employee of the community and technical college system, a member of the board of directors of any school district, or a member of the governing board of any public or private educational institution. Each board of trustees shall organize itself by electing a chair from its members. The board shall adopt a seal and may adopt such bylaws, rules, and regulations as it deems necessary for its own government. Three members of the board shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations. The district president, or if there be none, the president of the college, shall serve as, or may designate another person to serve as, the secretary of the board, who shall not be deemed to be a member of the board. Each board of trustees shall follow procedures for open public meetings in chapter 42.30 RCW. Each board shall provide time for public comment at each meeting. Members of the boards of trustees may be removed for misconduct or malfeasance in office in the manner provided by RCW 28B.10.500. [ 2013 c 23 s 58. Prior: 2012 c 228 s 5; 2012 c 148 s 2; 2011 c 336 s 739; 1991 c 238 s 37; 1987 c 330 s 1001; 1983 c 224 s 1; 1979 ex.s. c 103 s 1; 1977 ex.s. c 282 s 2; 1973 c 62 s 17; 1969 ex.s. c 261 s 22; 1969 ex.s. c 223 s 28B.50.100; prior: 1967 ex.s. c 8 s 10.] NOTES: Finding— RCW 28B.50.102 Boards of trustees—Student trustee. (1) Boards of trustees for each college district, by majority vote, may establish a sixth trustee that shall be filled by a student. The governor shall select each student member from a list of candidates, of at least three and not more than five, submitted by the associated student governments or their equivalent of the college district. The student member shall hold his or her office for a term of one year, beginning July 1st and ending June 30th, or until the student member's successor is appointed and qualified, whichever is later. The student member shall be a full-time student in good standing at a college within the college district at the time of appointment and throughout the student's term. If the student member fails to be enrolled at the college full-time or forfeits his or her academic standing, the student member is disqualified and a new student member must be appointed. (2) A student appointed under this section shall excuse himself or herself from participation or voting on matters relating to the hiring, discipline, or tenure of faculty members and personnel or any other matters pertaining to collective bargaining agreements. [ 2012 c 148 s 3.] NOTES: Finding— RCW 28B.50.130 Boards of trustees—Bylaws, rules, and regulations—Chair and vice chair—Terms—Quorum. Within thirty days of their appointment the various district boards of trustees shall organize, adopt bylaws for its own government, and make such rules and regulations not inconsistent with this chapter as they deem necessary. At such organizational meeting it shall elect from among its members a chair and vice chair, each to serve for one year, and annually thereafter shall elect such officers to serve until their successors are appointed or qualified. The chief executive officer of the college district, or designee, shall serve as secretary of the board. Three trustees shall constitute a quorum, and no action shall be taken by less than a majority of the trustees of the board. The district boards shall transmit such reports to the college board as may be requested by the college board. The fiscal year of the district boards shall conform to the fiscal year of the state. [ 1991 c 238 s 38; 1977 c 75 s 27; 1973 c 62 s 18; 1969 ex.s. c 223 s 28B.50.130. Prior: 1967 ex.s. c 8 s 13. Formerly RCW 28.85.130.] NOTES: Savings— RCW 28B.50.140 Boards of trustees—Powers and duties. Each board of trustees: (1) Shall operate all existing community and technical colleges in its district; (2) Shall create comprehensive programs of community and technical college education and training and maintain an open-door policy in accordance with the provisions of RCW 28B.50.090(3); (3) Shall employ for a period to be fixed by the board a college president for each community and technical college and, may appoint a president for the district, and fix their duties and compensation, which may include elements other than salary. Compensation under this subsection shall not affect but may supplement retirement, health care, and other benefits that are otherwise applicable to the presidents as state employees. The board shall also employ for a period to be fixed by the board members of the faculty and such other administrative officers and other employees as may be necessary or appropriate and fix their salaries and duties. Except as provided for academic employees in RCW 28B.52.035 and technical college classified employees under chapter 41.56 RCW, compensation and salary increases under this subsection shall not exceed the amount or percentage established for those purposes in the state appropriations act by the legislature as allocated to the board of trustees by the state board for community and technical colleges. The state board for community and technical colleges shall adopt rules defining the permissible elements of compensation under this subsection; (4) May establish, in accordance with RCW 28B.77.080, new facilities as community needs and interests demand. However, the authority of boards of trustees to purchase or lease major off-campus facilities shall be subject to the approval of the student achievement council pursuant to RCW 28B.77.080; (5) May establish or lease, operate, equip and maintain dormitories, food service facilities, bookstores and other self-supporting facilities connected with the operation of the community and technical college; (6) May, with the approval of the college board, borrow money and issue and sell revenue bonds or other evidences of indebtedness for the construction, reconstruction, erection, equipping with permanent fixtures, demolition and major alteration of buildings or other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances, for dormitories, food service facilities, and other self-supporting facilities connected with the operation of the community and technical college in accordance with the provisions of RCW 28B.10.300 through 28B.10.330 where applicable; (7) May establish fees and charges for the facilities authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the rules of the college board; each board of trustees operating a community and technical college may enter into agreements, subject to rules of the college board, with owners of facilities to be used for housing regarding the management, operation, and government of such facilities, and any board entering into such an agreement may: (a) Make rules for the government, management and operation of such housing facilities deemed necessary or advisable; and (b) Employ necessary employees to govern, manage and operate the same; (8) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from private sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community and technical college programs as specified by law and the rules of the state college board; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits and income thereof; (9) May establish and maintain night schools whenever in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for community and technical college purposes; (10) May make rules for pedestrian and vehicular traffic on property owned, operated, or maintained by the district; (11) Shall prescribe, with the assistance of the faculty, the course of study in the various departments of the community and technical college or colleges under its control, and publish such catalogues and bulletins as may become necessary; (12) May grant to every student, upon graduation or completion of a course of study, a suitable diploma, degree, or certificate under the rules of the state board for community and technical colleges that are appropriate to their mission. The purposes of these diplomas, certificates, and degrees are to lead individuals directly to employment in a specific occupation or prepare individuals for a bachelor's degree or beyond. Technical colleges may only offer transfer degrees that prepare students for bachelor's degrees in professional fields, subject to rules adopted by the college board. In adopting rules, the college board, where possible, shall create consistency between community and technical colleges and may address issues related to tuition and fee rates; tuition waivers; enrollment counting, including the use of credits instead of clock hours; degree-granting authority; or any other rules necessary to offer the associate degrees that prepare students for transfer to bachelor's degrees in professional areas. Only colleges under RCW 28B.50.810 or 28B.50.825 may award baccalaureate degrees. The board, upon recommendation of the faculty, may also confer honorary associate of arts degrees, or if it is authorized to award baccalaureate degrees may confer honorary bachelor of applied science degrees, upon persons other than graduates of the community college, in recognition of their learning or devotion to education, literature, art, or science. No degree may be conferred in consideration of the payment of money or the donation of any kind of property; (13) Shall enforce the rules prescribed by the state board for community and technical colleges for the government of community and technical colleges, students and teachers, and adopt such rules and perform all other acts not inconsistent with law or rules of the state board for community and technical colleges as the board of trustees may in its discretion deem necessary or appropriate to the administration of college districts: PROVIDED, That such rules shall include, but not be limited to, rules relating to housing, scholarships, conduct at the various community and technical college facilities, and discipline: PROVIDED, FURTHER, That the board of trustees may suspend or expel from community and technical colleges students who refuse to obey any of the duly adopted rules; (14) May, by written order filed in its office, delegate to the president or district president any of the powers and duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised in the name of the district board; (15) May perform such other activities consistent with this chapter and not in conflict with the directives of the college board; (16) Notwithstanding any other provision of law, may offer educational services on a contractual basis other than the tuition and fee basis set forth in chapter 28B.15 RCW for a special fee to private or governmental entities, consistent with rules adopted by the state board for community and technical colleges: PROVIDED, That the whole of such special fee shall go to the college district and be not less than the full instructional costs of such services including any salary increases authorized by the legislature for community and technical college employees during the term of the agreement: PROVIDED FURTHER, That enrollments generated hereunder shall not be counted toward the official enrollment level of the college district for state funding purposes; (17) Notwithstanding any other provision of law, may offer educational services on a contractual basis, charging tuition and fees as set forth in chapter 28B.15 RCW, counting such enrollments for state funding purposes, and may additionally charge a special supplemental fee when necessary to cover the full instructional costs of such services: PROVIDED, That such contracts shall be subject to review by the state board for community and technical colleges and to such rules as the state board may adopt for that purpose in order to assure that the sum of the supplemental fee and the normal state funding shall not exceed the projected total cost of offering the educational service: PROVIDED FURTHER, That enrollments generated by courses offered on the basis of contracts requiring payment of a share of the normal costs of the course will be discounted to the percentage provided by the college; (18) Shall be authorized to pay dues to any association of trustees that may be formed by the various boards of trustees; such association may expend any or all of such funds to submit biennially, or more often if necessary, to the governor and to the legislature, the recommendations of the association regarding changes which would affect the efficiency of such association; (19) May participate in higher education centers and consortia that involve any four-year public or independent college or university in accordance with RCW 28B.77.080; (20) Shall perform any other duties and responsibilities imposed by law or rule of the state board; and (21) May confer honorary associate of arts degrees upon persons who request an honorary degree if they were students at the college in 1942 and did not graduate because they were ordered into an internment camp. The honorary degree may also be requested by a representative of deceased persons who meet these requirements. For the purposes of this subsection, "internment camp" means a relocation center to which persons were ordered evacuated by Presidential Executive Order 9066, signed on February 19, 1942. [ 2018 c 267 s 3; 2016 sp.s. c 33 s 3; 2015 3rd sp.s. c 4 s 946; 2014 c 158 s 1; 2012 c 229 s 537; 2010 c 51 s 4; 2009 c 64 s 5; 2005 c 258 s 9; 2004 c 275 s 58; 1997 c 281 s 1. Prior: 1991 c 238 s 39; 1991 c 58 s 1; 1990 c 135 s 1; prior: 1987 c 407 s 1; 1987 c 314 s 14; 1985 c 370 s 96; 1981 c 246 s 3; 1979 ex.s. c 226 s 11; 1979 c 14 s 6; prior: 1977 ex.s. c 282 s 5; 1977 c 75 s 28; 1973 c 62 s 19; 1970 ex.s. c 15 s 17; prior: 1969 ex.s. c 283 s 30; 1969 ex.s. c 261 s 23; 1969 ex.s. c 223 s 28B.50.140; prior: 1967 ex.s. c 8 s 14.] NOTES: Effective dates— RCW 28B.50.141 Credits—Statewide transfer policy and agreement—Establishment. See RCW 28B.77.210 and 28B.77.215. RCW 28B.50.142 Treasurer of board—Duties—Bond. Each board of trustees shall appoint a treasurer who shall be the financial officer of the board and who shall hold office during the pleasure of the board. Each treasurer shall render a true and faithful account of all moneys received and paid out by him or her, comply with the provisions of RCW 28B.50.143, and shall give bond for the faithful performance of the duties of his or her office in such amount as the trustees require: PROVIDED, That the respective community and technical colleges shall pay the fees for any such bonds. [ 1991 c 238 s 40; 1977 ex.s. c 331 s 1.] NOTES: Effective date— RCW 28B.50.143 Vendor payments, advances or reimbursements for. In order that each college treasurer appointed in accordance with RCW 28B.50.142 may make vendor payments, the state treasurer will honor warrants drawn by each community and technical college providing for one initial advance on July 1 of each succeeding biennium from the state general fund in an amount equal to seventeen percent of each institution's average monthly allotment for such budgeted biennium expenditures as certified by the office of financial management, and at the conclusion of each such initial month, and for each succeeding month of any biennium, the state treasurer will reimburse each institution for each expenditure incurred and reported monthly by each college treasurer in accordance with *chapter 43.83 RCW: PROVIDED, That the reimbursement to each institution for actual expenditures incurred in the final month of each biennium shall be less the initial advance. [ 1991 c 238 s 41; 1985 c 180 s 1; 1979 c 151 s 21; 1977 ex.s. c 331 s 2.] NOTES: *Reviser's note: RCW 28B.50.145 Community or technical college faculty senate. The boards of trustees of the various college districts may create at each community or technical college under their control a faculty senate or similar organization to be selected by periodic vote of the respective faculties thereof. [ 1991 c 238 s 42; 1969 ex.s. c 283 s 51. Formerly RCW 28.85.145.] NOTES: Severability— RCW 28B.50.150 Out-of-district residence not to affect enrollment for state resident. Any resident of the state may enroll in any program or course maintained or conducted by a college district upon the same terms and conditions regardless of the district of his or her residence. [ 1991 c 238 s 43; 1969 ex.s. c 223 s 28B.50.150. Prior: 1967 ex.s. c 8 s 15. Formerly RCW 28.85.150.] RCW 28B.50.195 Intercollegiate coaches—Minimum standards encouraged. The state board for community and technical colleges in consultation with the Northwest athletic association of community colleges and other interested parties shall encourage community colleges to ensure that intercollegiate coaches meet the following minimum standards: (1) Verification of up-to-date certification in first aid and cardiopulmonary resuscitation; (2) Maintaining knowledge of Northwest athletic association of community colleges codes, rules, and institutional policy; and (3) Encouragement of coaches to participate in appropriate in-service training and activities. [ 1993 c 94 s 2.] NOTES: Policy— RCW 28B.50.196 Intercollegiate coaches—Training to promote coaching competence and techniques. The community and technical colleges are encouraged to provide training to promote development of coaching competence and to enhance the coaching techniques of intercollegiate coaches. The community and technical colleges may offer this educational service to coaches in the community and technical colleges, common schools, amateur teams, youth groups, and community sports groups. The community and technical colleges may provide this educational service through curriculum courses, workshops, or in-service training. [ 1993 c 94 s 3.] NOTES: Policy— RCW 28B.50.205 AIDS information—Community and technical colleges. The state board for community and technical colleges shall make information available to all newly matriculated students on methods of transmission of the human immunodeficiency virus and prevention of acquired immunodeficiency syndrome. The curricula and materials shall be reviewed for medical accuracy by the office on AIDS in coordination with the appropriate regional AIDS service network. [ 1991 c 238 s 44; 1988 c 206 s 502.] RCW 28B.50.215 Overlapping service areas—Regional planning agreements. The colleges in each overlapping service area shall jointly submit for approval to the state board for community and technical colleges a regional planning agreement. The agreement shall provide for the ongoing interinstitutional coordination of community and technical college programs and services operated in the overlapping service area. The agreement shall include the means for the adjudication of issues arising from overlapping service areas. The agreement shall include a definitive statement of mission, scope, and purpose for each college including the nature of courses, programs, and services to be offered by each college. Technical colleges may, under the rules of the state board for community and technical colleges, offer all specific academic support courses that may be at a transfer level that are required of all students to earn a particular certificate or degree. This shall not be interpreted to mean that their mission may be expanded to include transfer preparation, nor does it preclude technical colleges from voluntarily and cooperatively using available community college courses as components of technical college programs. Any part of the agreement that is not approved by all the colleges in the service area, shall be determined by the state board for community and technical colleges. Approved regional planning agreements shall be enforced by the full authority of the state board for community and technical colleges. Changes to the agreement are subject to state board approval. For the purpose of creating and adopting a regional planning agreement, the trustees of the colleges in Pierce county shall form a county coordinating com