1. The Legislature has established limits upon community college enrollment. As a creature of statute a community college must have specific statutory authority to enroll students in excess of those authorized by the Legislature. 2. RCW 28B.50.140(16) authorizes community colleges to offer educational services on a contractual basis to private and governmental entities. The students receiving instruction pursuant to such a contract do not fall within the enrollment lid. However, RCW 28B.50.140(16) does not authorize community colleges to avoid the enrollment lid by enrolling students on a contract basis when those students are treated the same as any other student and pay the same tuition and fees.
The state board for community college education does not have the authority, in complying with § 2, chapter 105, (RCW 28B.50.093), to exempt those predischarge education programs which were already being operated by a community college prior to the effective date of the aforesaid 1973 law from any review and determination by the state board that such programs ". . . will not deter from the primary functions of the community college system within this state."