For purposes of establishing medical expense plans authorized under WAC 131-16-068, the following terms are defined:

(1) "Eligible employees" means any of the following groups of community and technical college system employees:

(a) Academic employees as defined in RCW 28B.52.020;

(b) Classified employees of technical colleges whose employment is governed under chapter 41.56 RCW;

(c) Professional, paraprofessional, and administrative employees exempt from chapter 41.06 RCW; and

(d) Employees of the state board for community and technical colleges who are exempt from chapter 41.06 RCW.

(2) "Covered eligible employee" means an eligible employee who is in a group for which a college board or the state board for community and technical colleges has established a medical expense plan.

(1) In lieu of remuneration for unused sick leave at retirement, a college board (or the state board for community and technical colleges for employees under its jurisdiction) may provide with equivalent funds a medical expense plan for eligible employees.

(2) A medical expense plan provided under this section shall require, as a condition of participation, that each covered eligible employee sign an agreement to hold the employer harmless if the employee or employer is later found to be indebted to the United States as a result of:

(a) The employee not paying income taxes on amounts contributed to the plan; or

(b) The employer not withholding or deducting a tax, assessment, or other payment on funds contributed to the plan as required by federal law.

Such agreement shall also include a provision requiring each covered eligible employee to forfeit remuneration for accrued sick leave at retirement if he/she is covered by a medical expense plan and the employee refuses to sign the required agreement.

(3) In providing a medical expense plan authorized under this section, a college board or the state board may only provide such plan covering all employees in one or more of the groups defined in WAC 131-16-067.

(4) In providing a medical expense plan for a group of eligible employees whose conditions of employment are governed by chapter 28B.52 or 41.56 RCW, a college board may only provide such plan by agreement applicable to all of the members of a bargaining unit.

(5) A medical expense plan established under this section shall be applicable to all retirements of covered eligible employees within a calendar year. Such a medical expense plan may be discontinued in any future year, but once discontinued it may not be reinstated for the same group of eligible employees within the same calendar year as it was discontinued.

Each college district board of trustees shall adopt and publish a statement of personnel selection practices and standards governing all nonclassified service personnel which are designed to ensure high standards of excellence in all phases of district operations, satisfy the standards of regional and national accrediting organization, and provide for a professional staff representing a wide range of educational and professional experience. Such personnel practices and standards shall be consistent with WAC 131-16-080.

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.

In addition to the general standards required by WAC 131-16-080, the district board of trustees shall establish that candidates for appointment meet or exceed the following standards in their areas of specialization:

(1) Teaching personnel.

(a) Professional teaching personnel performing services for which advanced degrees are commonly available shall hold the equivalent of a master's degree in the field of their educational service from an accredited college or university or a bachelor's degree and professional expertise in the field of their educational service; or

(b) Professional teaching personnel in professional-technical fields for which bachelor's or master's degrees are not commonly available shall be particularly qualified to provide instruction in their area of specialization as demonstrated by possession of the following:

(i) Sufficient broad and comprehensive training;

(ii) Industry recognized certification when available; and

(iii) Two years relevant work experience and/or relevant, current teaching experience that particularly qualifies them to provide instruction in their area of specialization.

(c) In extraordinary cases, the requirements in (a) and (b) of this subsection may be waived by the college president. For personnel under waiver, a professional development plan must be developed to meet criteria under (a) or (b) of this subsection. This plan must be completed during the initial certification process.

(d) Part-time professional-technical teaching personnel must meet minimum qualifications as defined by (a), (b), or (c) of this subsection and have verification on file. This record must be on file for each part-time instructor during each quarter of teaching employment.

(2) Other instructional personnel.

All other professional-technical instructional personnel, including teachers' aides, lab assistants, and tutors, who do not meet the work experience and educational requirements specified above, may be employed either on a full-time or part-time basis. Such individuals shall possess appropriate technical skills and knowledge in the specific program area assigned; and such individuals shall work under the direct supervision of, or in direct coordination with, an appropriately qualified professional. Each college district shall maintain job descriptions for each position in this category.

(3) Chief professional-technical administrator.

The chief professional-technical administrator shall have:

(a) Earned an advanced degree, masters or doctorate, in a professional-technical area or have equivalent administrative expertise as demonstrated by successful performance of broad administrative responsibilities; and

(b) Been employed as a full-time professional-technical instructor or have the equivalent experience in business or industry or other public agencies; and

(c) Supervisory/administrative experience.

The chief professional-technical administrator must understand and have the ability to assess professional-technical faculty's ability to provide student instruction, supervise learning environments and implement curriculum, outcomes, and assessments. The chief professional-technical administrator must keep a copy of his/her current certificate in his/her personnel file.

(4) Other professional-technical administrators.

Other administrators who oversee professional-technical programs, must demonstrate to the employing agency a commitment to and understanding of professional-technical education, and their ability to use the professional-technical faculty skills standards to guide and support the professional development of the professional-technical instructors they supervise.

It shall be the responsibility of the president of each institution or district to assure compliance with the following standards, which must be met or exceeded by all districts:

(1) The institution or district will certify, through the chief professional-technical administrator or designee, each full-time professional-technical instructor and administrator and maintain documentation of such certification. The certificate and the documentation on file shall specify the function and/or the specific occupational area for which the individual is certified.

(2) Each full-time contracted professional-technical instructor shall have a professional development plan, approved by the supervising professional-technical administrator or designee. The professional development plan shall be developed in collaboration with the instructor in accordance with local bargaining agreements. The chief professional-technical administrator or designee shall maintain a file of all such plans. Such plans shall be reviewed periodically, as determined by the institution.

(3) Full-time professional-technical instructors must complete the requirements of the initial certification within three years to attain standard certification. Standard certificates must be renewed every five years.

(4) Part-time professional-technical instructors teaching a two-thirds full-time load for more than the equivalent of three quarters must complete the requirements of the initial certification within three years, to attain standard certification. Standard certificates must be renewed every five years.

(5) All other part-time professional-technical instructors must be assessed as to their ability to provide student instruction, supervise learning environments and implement curriculum, outcomes, and assessments.

(6) The chief professional-technical administrator shall be certified by the president, who will maintain the chief professional administrator's professional development plan.

(7) Certification under the standards specified in WAC 131-16-070 through 131-16-094 is a condition of continued employment for all professional-technical education personnel.

(8) Safety and occupational health practices standards are met by meeting the requirements as set down by OSHA and WISHA. (As referenced in WAC 296-800-100 to 296-800-370.)

In issuing certificates for full-time and part-time professional-technical instructors, as identified in WAC 131-16-092 (3) and (4), the college district shall utilize the following nomenclature and shall meet the standards set forth below as a minimum:

(1) Teaching personnel.

Initial certification.

(a) Upon hire, teaching personnel will be issued initial certification by the chief professional-technical administrator. Initial certification lasts three years. The initial certification process includes documentation of a professional development plan which identifies priorities for professional growth as specified in WAC 131-16-094. An initial certificate is not renewable for professional-technical instructors.

Standard certification.

(b) Standard certification will be issued by the chief professional-technical administrator upon completion of the requirements for initial certification. Standard certification must be renewed on a five-year cycle. To maintain standard certification, professional-technical instructors must develop and complete a professional development plan as specified in WAC 131-16-094.

(c) The hiring institution shall hold an orientation for all new full-time professional-technical instructors. The orientation outline must be on file at each campus.

First aid and CPR.

(d) A current first-aid certificate, including CPR and bloodborne pathogens, must be earned by professional-technical instructors prior to the second quarter of employment in professional-technical programs where the instructional environment brings students into physical proximity with machinery, electrical circuits, biologicals, radioactive substances, chemicals, flammables, intense heat, gases under pressure, excavations, scaffolding, ladders, and/or other hazards. Responsibility for ensuring that appropriate staff has first-aid training will rest with the assigned chief professional-technical administrator. The specific type of first-aid program, including CPR, required of professional-technical instructors shall be achieved by passing a course of first-aid/CPR/bloodborne pathogen instruction and participation in practical application of subject matter determined and required by the department of labor and industries. Specifically excluded from conformance to the first-aid requirement are:

(i) Those instructors who teach related subjects to professional-technical students, i.e., mathematics, English, or communications skills, etc., when such subjects are taught in classrooms rather than shops or laboratories.

(ii) Physicians, registered nurses, licensed practical nurses, and others when their occupational competencies and training include first-aid knowledge and skills equal to or superior to that represented by the first-aid certification being required under these regulations.

(2) Chief professional-technical administrators.

Upon hire, the chief professional-technical administrators will be issued initial certification. To maintain certification, the chief professional-technical administrator must develop and complete a professional development plan that includes as a minimum his/her ability to use the professional-technical faculty skill standards to guide and support the professional development of the professional-technical instructors they supervise.

The certification process for professional-technical instructors includes assessing the attainment of the standards contained in the professional-technical skill standards and the completion of a professional development plan. The professional development plan identifies priorities for professional growth. The priorities should address, at a minimum, the professional-technical faculty's ability to provide student instruction, supervise learning environments and implement curriculum, outcomes, and assessments. The professional development plan shall be developed in collaboration with the instructor and will include, based on local bargaining agreements, at least five professional development activities, linked to the professional-technical faculty skill standards.

The professional development plan includes:

(1) Faculty (self) and administrator identification of professional development activities for professional growth.

(2) Measurable outcomes and objective standards for measurement of skill standard achievement.

(3) A timeline for successful achievement of outcomes.

Examples of professional development activities include, but are not limited to, workshops, courses of instruction, conferences, industry experiences and projects. The assigned professional-technical administrator supervisor shall be responsible for the approval of the professional development plan. The chief professional-technical administrator shall be responsible for the approval of professional development activities.

The following standards describe the recognition of professional-technical or vocational teaching certification issued by a community or technical college or the superintendent of public instruction.

(1) Instructors issued a professional-technical education certificate that meets the standards specified in WAC 131-16-080 through 131-16-094 by any community or technical college under the jurisdiction of the state board shall be recognized as certified by all colleges in the community and technical (CTC) system.

(2) It is also recognized that a vocational teaching certificate issued by the office of the superintendent of public instruction will be recognized by the community and technical colleges as fulfilling the minimum requirements for the specific subjects contained in the certification.

(1) RCW 28B.50.851 authorizes the state board for community and technical colleges 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 college district other than those generated by operating fees collected by such district pursuant to chapter 28B.15 RCW 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; 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.

(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 or its foundation 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 or its foundation endowment fund shall be contingent upon certification by the college that no less than ten thousand dollars of matching cash donations from private sources has been deposited in the college endowment fund.

(c) Award of requested grants to a college or its foundation shall be contingent upon determination by the state board for community and technical college that the request is consistent with and meets the requirements of the rules of the state board for community and technical colleges and RCW 28B.50.835 through 28B.50.844. Further, if grant requests exceed available funds, the state board for community and technical college shall select the recipients.

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

(e) Each college shall establish procedures by which awards may be named in honor of a donor, benefactor, or honoree; may designate the use of funds to individuals, groups, or for the improvement of the faculty as a whole; and may renew or redesignate the award annually.

(f) At the end of each fiscal year, the state board for community and technical colleges will request an accounting from each of the participating colleges to include the amount of contributed endowment funds, their earnings, type of investments, and uses made during the previous fiscal year.

(g) 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.

(h) Only individuals, groups, or the faculty as a whole, who hold 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 college endowment fund shall be subject to the following limitations:

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

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

(1) RCW 28B.50.140(3) requires the state board for community and technical colleges to adopt rules defining the permissible elements of compensation which district boards may approve for community and technical college presidents.

(2) Compensation (including salary) increases granted in accordance with this section shall not exceed the amount or percentage established for that purpose in the state Omnibus Appropriations Act as allocated to the college districts by the state board for community and technical colleges.

(3) For the purpose of implementing RCW 28B.50.140(3), the permissible elements of compensation shall include salary, premiums paid for insurance supplemental to the plans authorized by the state employees benefits board, deferred salary, relocation assistance, and premiums paid for tax deferred annuities: Provided, That such benefits, except salary, shall not affect but may supplement other benefits applicable to college presidents as state employees.