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April 17, 1970
State Superintendent of Public
Old Capitol Building
Olympia, Washington 98501
Cite as: AGLO 1970 No. 65
Dear Mr. Bruno:
This is in answer to your request for an opinion on the following question:
"Pursuant to RCW 28.41.130, may the Superintendent of Public Instruction provide minimum state funding (currently $371 per enrolled student) for attendance support of pupils in grades 10, 11 and 12 when the State Board of Education has denied approval status to the high school program in which the students are currently enrolled?"
Our answer to this question is that the Superintendent of Public Instruction may not provide state funds under RCW 28.41.130 to a school district for the operation of a program which has not been approved by the State Board of Education.
We believe such an answer is clearly indicated by a reading of RCW 28.41.130 which limits the distribution of state funds only for those programs within a school district which have been approved by the State Board of Education.
The statute clearly states this requirement in the first paragraph, as follows:
"From those funds made available by the legislature for the current use of the common schools, other than the proceeds of the state property tax, the state superintendent of public instruction shall distribute annually as provided in RCW 28.48.010 to each school district of the state operating a program approved by the state board of education, an amount which, when combined with the following revenues, will constitute an equal guarantee in dollars for each weighted student enrolled, based upon one full school year of one hundred eighty days: . . ."
[[Orig. Op. Page 2]]
Therefore, it is our conclusion that the State Superintendent of Public Instruction cannot under RCW 28.41.130 provide minimum state funding for attendance support of pupils in grades 10, 11 and 12 when the State Board of Education has not approved the program in this high school in which students are currently enrolled.
We have also received a similar request for an opinion on this subject from the Joint Committee on Education. Our reply to this committee, which reaches the same conclusion state herein, is enclosed for your information.
Very truly yours,
FOR THE ATTORNEY GENERAL
Richard M. Montecucco
Assistant Attorney General