SCHOOL DISTRICTS - EDUCATION - COLLECTIVE BARGAINING - LABOR
Status of “independent professional educators’ associations” as “employee organization” for collective bargaining purposes An “independent professional educators’ association” which defines itself as not engaging in bargaining on behalf of educational employees concerning wages, hours, or terms and conditions of employment is not an “employee organization” as set forth in RCW 41.59.020(1).
PUBLIC EMPLOYEES - PUBLIC EMPLOYMENT - SCHOOL DISTRICTS - STRIKES - LABOR - COLLECTIVE BARGAINING
Right of teachers and other employees to strike 1. State and local public employees, including teachers, have no legally protected right to strike. 2. State statute establishes no specific penalties for unlawful public employee strikes; in some cases, courts may grant injunctive relief to prevent or end unlawful strikes. 3. The Legislature could enact laws establishing penalties for unlawful public employee strikes, provided that such laws are consistent with protected free speech and other state and federal constitutional rights.
SCHOOL DISTRICTS - BONDS
Degree of specificity required in school district resolution identifying purposes of bond issue to be placed on ballot for voter approval When a school district board of directors adopts a resolution pursuant to RCW 28A.530.020, it must identify the maximum amount of indebtedness and maximum term of any bonds to be issued. In addition, the resolution must identify the specific buildings to be affected and must contain such other information as will fairly inform voters of the general nature and extent of the project(s) to be funded.
SCHOOL DISTRICTS - SCHOOLS - PUBLIC FUNDS
Constitutionality of using school district funds to pay for the cost of providing meals in a school breakfast program where not all participating students meet federal income eligibility requirements It would not be unconstitutional for a school district to operate a school breakfast program in such a manner that public funds are used to pay the difference between the amount reimbursed by the federal government for providing meals to eligible students and the total cost of the program where (1) federal eligibility is based on income status; (2) districts would save substantial administrative costs in federal reporting requirements by using such a system; and (3) the school education program benefits where students are properly fed.
SCHOOL DISTRICTS - EDUCATION
Authority of school districts to undertake various fundraising activities a
INITIATIVE NO. 276 - SCHOOL DISTRICTS - USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS - LEGISLATURE - ELECTIONS
INITIATIVE NO. 276 ‑- SCHOOL DISTRICTS ‑- USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS ‑- LEGISLATURE ‑- ELECTIONS It is not a violation of § 13 of Initiative No. 276 (RCW 42.17.130 for the board of directors of a school district to allow the facilities of that district to be used by others on a nondiscriminatory basis for the conduct of meetings at which members of the legislature, or others, appear and speak either in favor of, or in opposition to pending ballot proposals or candidates for election to public office.
SCHOOL DISTRICTS - ADULT EDUCATION
By letter previously acknowledged you have requested our opinion on a number of questions relating to the conduct of adult education programs by school districts (1) May a school district, in providing community education programs on a nontuition and noncredit basis pursuant to § 1, chapter 138, Laws of 1973, include within such programs one or more courses of study which come within the purview of the term "vocational education" as defined in RCW 28A.09.120 (1)? (2) In view of the fact that chapter 138, Laws of 1973, only authorizes a school district to provide community education programs on a noncredit and nontuition basis, what authority is there under any other existing state statutes for a school district which had not established a vocational‑technical institute under former RCW 28.09.050 prior to its repeal by § 73, chapter 8, Laws of 1967, Ex. Sess., either to charge tuition or to grant credit to adults [Orig. Op. Page 3] enrolled in a vocational education course being conducted by it outside of its regular K‑12 (elementary and secondary school) programs? (3) If a school district, having previously operated an adult education program in accordance with a contract with a community college district under RCW 28B.50.530, terminates that contract and then proceeds to provide the same courses of study itself on a nontuition and noncredit basis pursuant to § 1, chapter 138, Laws of 1973, will the program in question then constitute a "new community education program" so as to be ineligible for immediate state funding to begin it under the final proviso of that statute?
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - STATE BOARD OF EDUCATION - SCHOOL DISTRICTS - DISCRIMINATION - EMPLOYMENT
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- STATE BOARD OF EDUCATION ‑- SCHOOL DISTRICTS ‑- DISCRIMINATION ‑- EMPLOYMENT (1) Neither the superintendent of public instruction nor the state board of education has the authority under any existing statute or constitutional provision to formulate and implement a state‑wide [[statewide]] affirmative or corrective action policy for disadvantaged groups such as women or racial minorities which would be binding on all local school districts in their employment of personnel; under the supervisory authority granted to him by Article III, § 23 of the state constitution, however, the state superintendent of public instruction may require local school districts, in connection with their employment of personnel, to formulate and implement their own affirmative action policies for such disadvantaged groups, subject to such constitutional standards as may be applicable to those kinds of programs. (2) Such a requirement may be enforced by a mandamus action against any noncomplying school districts. (3) The state superintendent of public instruction has the authority to enforce federal affirmative action programs by refusing to disburse federal funds to noncomplying school districts.
SCHOOL DISTRICTS - LEVY REDUCTION FUNDS - SPECIAL LEVIES - BUDGET APPROPRIATIONS
BUDGET APPROPRIATIONS 1. The Local Education Program Enhancement Funds appropriated by the Legislature in section 506 of chapter 7, Laws of 1987, 1st Ex. Sess., are block grant funds and therefore are "levy reduction funds" as defined in RCW 84.52.0531 as amended by the 1987 Legislature. 2. The Legislature is not legally required to specify whether appropriations for new programs or program enhancements are "levy reduction funds," but labeling by the Legislature greatly aids in determining legislative intent.
SCHOOL DISTRICTS - HEALTH CARE CLINICS - STATUTORY AUTHORITY
HEALTH CARE CLINICS School districts do not, under current state law, have authority to operate adolescent health care clinics, or to provide public funds or school facilities for such clinics.
SCHOOL DISTRICTS - EQUIPMENT PURCHASES - TAX LEVIES - BOND ISSUES
EQUIPMENT PURCHASES 1.A school district may not impose a bond levy and issue negotiable bonds solely for the purpose of acquiring computers, other equipment, or furniture.2.A school district may not impose a six-year levy of taxes under article 7, section 2, of the state constitution, solely for the purpose of acquiring computers, other equipment, or furniture.3.A school district which undertakes a modernization project involving major structural changes may use six-year levy proceeds for the project and the project may include the acquisition and installation of new and replacement equipment and furniture.
SCHOOL DISTRICTS - STATE CONSTITUTION - COMPENSATION - OFFICES AND OFFICERS
SCHOOL DISTRICTS ‑- OFFICES AND OFFICERS ‑- COMPENSATION ‑- STATE CONSTITUTION 1. Currently serving school directors may lawfully adopt a resolution to receive compensation of fifty dollars or less per day as authorized by RCW 28A.57.327, but they may not constitutionally receive the compensation authorized until the beginning of their next respective terms of office. 2. If RCW 28A.57.327 were amended to make school director compensation automatic, with no discretionary act of the local board of directors involved, there would be no constitutional bar to the receipt of such compensation on a midterm basis.
COMPENSATION - INCENTIVE PAYMENTS - TEACHERS - SCHOOL DISTRICTS
COMPENSATION ‑- SCHOOL DISTRICTS ‑- TEACHERS ‑- INCENTIVE PAYMENTS 1.In order to be lawful, "incentive payments" made to certificated school district personnel under the authority of RCW 28A.58.0951(4) must be related to some identifiable, measurable "incentive" defined in a district policy or contract and amounting to more than the performance of duties and functions defined by statute as "basic education". 2.A school district must retain documentation of eligibility for payments made under RCW 28A.58.0951(4), but the exact form of the documentation depends on the nature of the payments and the policy choices of the State Auditor under RCW 43.09.200.
SCHOOL DISTRICTS - HEALTH CARE CLINICS - SCHOOL PROPERTY
SCHOOL DISTRICTS ‑- SCHOOL PROPERTY ‑- HEALTH CARE CLINICS 1.School districts may lease surplus school district property to public or private entities on the condition that the leased property be used for an adolescent health care clinic, where the board of directors finds that such a use is compatible with the district's other uses for its property and where the clinic is not, directly or indirectly, operated or controlled by the school district itself (see AGO 1988 No. 2).2.School districts may lawfully refer students to adolescent health care clinics, whether located on school premises or elsewhere, and may distribute parental consent forms to students describing the services of the clinics. 3.A school district has no authority to advertise or promote the services of an adolescent health care clinic located on school district property; school districts may distribute information about such a clinic to students, parents, and/or district employees without "advertising" them in the ordinary sense of the word.4.An adolescent health care clinic located on school district property is free to promote or advertise its services in any lawful manner, depending on the nature of the entity operating the clinic.
COMMUNITY COLLEGES - SCHOOL DISTRICTS - LIABILITY OF SCHOOL DISTRICT FOR PERFORMANCE OF CERTAIN COMMUNITY COLLEGE CONTRACTS
COMMUNITY COLLEGES - SCHOOL DISTRICTS - LIABILITY OF SCHOOL DISTRICT FOR PERFORMANCE OF CERTAIN COMMUNITY COLLEGE CONTRACTS Pursuant to § 64, chapter 8, Laws of 1967, Ex. Sess., the community college districts which have taken over from common school districts the responsibility for administration of community colleges are now primarily liable for the performance of all contractual obligations (except those covered by §§ 60 and 75 of the act) which were entered into for community college purposes by the school districts prior to the effective date of the act; however, the common school districts remain secondarily liable for the performance of these contracts.
SCHOOLS - SCHOOL DISTRICTS - DISTRICTS - RELIGION - CHURCHES
Constitutionality of prayer at commencement exercises 1. Under current U. S. Supreme Court case law, it would not be constitutional for the officers or employees of a school district (or other governmental entity operating a school) to plan for and include prayer as a part of a commencement exercise or similar official school function. 2. Under current Ninth Circuit case precedent, it would not be constitutional for a school district (or other governmental entity operating a school) to allow its students to include prayer as a part of a student-planned commencement exercise or similar official school function. 3. Private, non-disruptive prayers at commencement exercises, which are not a part of the planned program and which do not disrupt it, are constitutional under current case law. 4. Because the state constitution is stricter than the federal with regard to the support of religion with public funds and/or property, there is no purpose to be served in separately analyzing the state constitutional issues raised by prayer at commencement programs.
SCHOOL DISTRICTS - SCHOOL EMPLOYEES - SCHOOL FUNDS - SALARY AND BENEFITS - HEALTH INSURANCE - HEALTH CARE AUTHORITY
Obligation to provide basic benefits before offering optional benefit package RCW 28A.400.280 requires a school district to offer some form of each of the five "basic benefits" defined in RCW 28A.400.270, before it can expend school funds for additional or alternative "optional" benefits.
SCHOOL DISTRICTS - APPLICABILITY OF RCW 36.22.050 TO ISSUANCE OF WARRANTS
SCHOOL DISTRICTS - APPLICABILITY OF RCW 36.22.050 TO ISSUANCE OF WARRANTS RCW 36.22.050, providing a $500.00 limitation on the amount for which county warrants may be issued when there is insufficient cash on hand to pay the same upon presentation is not applicable to school district warrants.
SCHOOL DISTRICTS - BOUNDARIES - ADJUSTMENT ON MILITARY RESERVATION - MILITARY RESERVATION - AUTHORITY OF COUNTY COMMITTEE TO ADJUST SCHOOL DISTRICT BOUNDARIES ON RESERVATION - OFFICES AND OFFICERS - COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION
SCHOOL DISTRICTS ‑- BOUNDARIES ‑- ADJUSTMENT ON MILITARY RESERVATION -- MILITARY RESERVATION ‑- AUTHORITY OF COUNTY COMMITTEE TO ADJUST SCHOOL DISTRICT BOUNDARIES ON RESERVATION -- OFFICES AND... A county committee on school district organization may transfer territory from one school district to another when such territory is situated within the boundaries of a military reservation over which the U. S. has assumed exclusive jurisdiction.
SCHOOL DISTRICTS - CLASSES CANNOT BE HELD ON SATURDAYS - APPORTIONMENT NOT ALLOWED FOR CLASSES HELD ON SATURDAYS
SCHOOL DISTRICTS ‑- CLASSES CANNOT BE HELD ON SATURDAYS -- APPORTIONMENT NOT ALLOWED FOR CLASSES HELD ON SATURDAYS A school district may not conduct regular classes on Saturdays even on a voluntary basis and qualify for the regular apportionment credit.
COUNTY AUDITOR - SCHOOL DISTRICTS - EMPLOYEES' PAYROLL DEDUCTIONS
COUNTY AUDITOR ‑- SCHOOL DISTRICTS ‑- EMPLOYEES' PAYROLL DEDUCTIONS The county auditor is authorized, but is not required, to make payroll deductions for group accident and health insurance when the group is composed of less than 25 employees of the same school district.
SCHOOL DISTRICTS - SCHOOL DIRECTORS - AUTHORITY TO EMPLOY PERSONNEL TO SUPERVISE AND DIRECT STUDENTS AT INTERSECTIONS
SCHOOL DISTRICTS ‑- SCHOOL DIRECTORS ‑- AUTHORITY TO EMPLOY PERSONNEL TO SUPERVISE AND DIRECT STUDENTS AT INTERSECTIONS The board of directors of a school district may legally employ persons to supervise and direct children who must necessarily cross streets and intersections going to and returning from school.
SCHOOLS - SCHOOL DISTRICTS - EMINENT DOMAIN
SCHOOLS ‑- SCHOOL DISTRICTS ‑- EMINENT DOMAIN A school district cannot condemn lands already devoted to a public use.
SCHOOL DISTRICTS - SCHOOL DIRECTORS - AUTHORITY TO EMPLOY CROSSING GUARDS WITH POWER TO ENFORCE TRAFFIC REGULATIONS - HIGHWAYS - TRAFFIC REGULATIONS - AUTHORITY OF DIRECTORS OF SCHOOL DISTRICT TO EMPLOY CROSSING GUARDS
SCHOOL DISTRICTS ‑- SCHOOL DIRECTORS ‑- AUTHORITY TO EMPLOY CROSSING GUARDS WITH POWER TO ENFORCE TRAFFIC REGULATIONS -- HIGHWAYS ‑- TRAFFIC REGULATIONS ‑- AUTHORITY OF DIRECTORS OF SCHOOL DISTRICT... A board of directors of a public school district cannot legally employ school crossing guards to be stationed at intersections where children must cross streets or highways in order to go to or from school, and to vest such guards with the authority to enforce the traffic laws.
SCHOOL DISTRICTS - ENTITLEMENT OF CERTIFIED AND NONCERTIFIED PERSONNEL TO TWO PAY DAYS MONTHLY
SCHOOL DISTRICTS - ENTITLEMENT OF CERTIFIED AND NONCERTIFIED PERSONNEL TO TWO PAY DAYS MONTHLY The provisions of RCW 36.17.040, as amended in 1959, authorizing pay days twice monthly are not applicable to certified or noncertified personnel of school districts.
SCHOOLS - SCHOOL DISTRICTS - BOARDS OF DIRECTORS - AUTHORITY TO DETERMINE SUCH LEAVE POLICY UNDER CHAPTER 195, LAWS OF 1959
SCHOOLS - SCHOOL DISTRICTS - BOARDS OF DIRECTORS - AUTHORITY TO DETERMINE SUCH LEAVE POLICY UNDER CHAPTER 195, LAWS OF 1959 1. Under chapter 195, Laws of 1959, a school district may grant sick leave which accumulated prior to June 11, 1959, during the 1959-60 and successive school years. 2. A school district may not hereafter authorize by rule and regulation the payment of all or a part of a day's salary to a teacher where the absence is caused by other than the teacher's own illness.
SCHOOL DISTRICTS - BUDGETS - PREPARATION, REVISION AND APPROVAL OF SECOND AND THIRD CLASS DISTRICTS - COUNTY REVIEWING COMMITTEE - AUTHORITY OF REVISION AND APPROVAL OF BUDGETS OF SECOND AND THIRD CLASS DISTRICTS
SCHOOL DISTRICTS - BUDGETS - PREPARATION, REVISION AND APPROVAL OF SECOND AND THIRD CLASS DISTRICTS. SCHOOL DISTRICTS - COUNTY REVIEWING COMMITTEE - AUTHORITY OF REVISION AND APPROVAL OF BUDGETS.... (1) The county reviewing committee has the authority to refuse to approve or sign a school district budget if some items are too large, but it must prepare a revised budget. (2) The reviewing committee has the authority to reduce specific items of the budget and to finally fix the total thereof even if revenues are available for those expenditures.(3) The county reviewing committee cannot act arbitrarily in refusing to approve a school district budget on the ground that the school district did not budget 14 mills.(4) The reviewing committee is required by statute to finally fix the budget of the district either by signing the budget submitted by the local board of directors or by revising the budget and signing it as revised.(5) A school district may not operate under an unapproved budget.
SCHOOL DISTRICTS - APPORTIONMENT ALLOWANCE REDUCED BY NONATTENDANCE
SCHOOL DISTRICTS ‑- APPORTIONMENT ALLOWANCE REDUCED BY NONATTENDANCE A school district may not be allowed apportionment credit for nonattendance due to illness when the school is not closed by order of a health officer.
SCHOOLS - FINANCE - PURPOSES FOR WHICH MONEY MAY BE EXPENDED - PHYSICAL EXAMINATIONS OF SCHOOL BUS DRIVERS - PHYSICAL EXAMINATIONS OF STUDENTS PARTICIPATING IN PHYSICAL EDUCATION COURSES - SCHOOL DISTRICTS - EXPENDITURES
SCHOOLS ‑- FINANCE ‑- PURPOSES FOR WHICH MONEY MAY BE EXPENDED -- PHYSICAL EXAMINATIONS OF SCHOOL BUS DRIVERS ‑- PHYSICAL EXAMINATIONS OF STUDENTS PARTICIPATING IN PHYSICAL EDUCATION COURSES A school district may lawfully cause physical examinations to be made of its school bus drivers and pay the cost thereof. Where necessary to protect itself from potential liability, in the discretion of the board of directors, a school district may also cause and pay for physical examinations of students participating in physical education courses.
SCHOOL DISTRICTS - REAL PROPERTY - PURCHASE ON INSTALLMENT PLAN
SCHOOL DISTRICTS ‑- REAL PROPERTY ‑- PURCHASE ON INSTALLMENT PLAN A school district which has an indebtedness in excess of one and one‑half per cent of the last assessed valuation of property in the district cannot purchase real property on an installment contract without prior approval of the electors of the district.
SCHOOL DISTRICTS - INSURANCE POLICIES - COMPETITIVE BIDS
SCHOOL DISTRICTS ‑- INSURANCE POLICIES ‑- COMPETITIVE BIDS A school district of the first class may, but is not required to, advertise for bids in purchasing a contract of public liability or fire insurance, although the anticipated premiums may exceed $1,000.00. The board of directors of a district must act in good faith in awarding the contract for insurance.
SCHOOL DISTRICTS - SECOND AND THIRD CLASS - SALE OF PROPERTY WITHOUT VOTE OF DISTRICT
SCHOOL DISTRICTS ‑- SECOND AND THIRD CLASS ‑- SALE OF PROPERTY WITHOUT VOTE OF DISTRICT A school district of the second or third class may convey real property to a town for street purposes without a direction by vote of the school district under procedure specified in RCW 28.58.045 or RCW 39.33.010
SCHOOL DISTRICTS - KINDERGARTENS - COLLECTION OF FEE
SCHOOL DISTRICTS ‑- KINDERGARTENS ‑- COLLECTION OF FEE A school district of the first class may not collect a fee from parents of kindergarten pupils in order to make up a deficiency in public funds available for operation of kindergartens.
SCHOOL DISTRICTS - VALIDATING VOTING REQUIREMENTS FOR EXCESS LEVY ELECTIONS
SCHOOL DISTRICTS - VALIDATING VOTING REQUIREMENTS FOR EXCESS LEVY ELECTIONS (1) If a special school excess levy election is held on November 8, 1960, the validating vote is to be based on the last preceding general election in the district, which would be the March 1960 general school district election.(2) If a general obligation bond issue payable out of excess levies is on the November 8, 1960 ballot, the validating vote is to be based on the November, 1958 general state election.
SCHOOL DISTRICTS - AUTHORITY OF NON-HIGH [[NONHIGH]]SCHOOL DISTRICT TO CONDUCT SPECIAL LEVY ELECTION FOR PARTICIPATION WITH HIGH SCHOOL DISTRICT WHERE SUCH DISTRICT HAS ALREADY HELD TWO SPECIAL LEVY ELECTIONS
SCHOOL DISTRICTS - AUTHORITY OF NON-HIGH [[NONHIGH]]SCHOOL DISTRICT TO CONDUCT SPECIAL LEVY ELECTION FOR PARTICIPATION WITH HIGH SCHOOL DISTRICT WHERE SUCH DISTRICT HAS ALREADY HELD TWO SPECIAL... A non-high [[nonhigh]] school district is not authorized to conduct a special levy election to obtain funds for participation with a high school district in construction of school facilities when said non-high [[nonhigh]] school district has already held two special levy elections to obtain funds for maintenance and operation.
SCHOOL DISTRICTS - DETERMINATION OF THE PREVAILING WAGE TO BE PAID EMPLOYEES OF CONTRACTORS PERFORMING PUBLIC WORKS
SCHOOL DISTRICTS - DETERMINATION OF THE PREVAILING WAGE TO BE PAID EMPLOYEES OF CONTRACTORS PERFORMING PUBLIC WORKS The prevailing wage to be paid employees of contractors performing public works for school districts is governed by the provisions of chapter 39.12 RCW.
SCHOOL DISTRICTS - BOND AND EXCESS LEVY PROPOSITIONS - BALLOT TITLES
SCHOOL DISTRICTS; BOND AND EXCESS LEVY PROPOSITIONS; BALLOT TITLES The statutory limitation of 75 words in the ballot title is directory rather than mandatory.
SCHOOL DISTRICTS - TIME LIMITATION - AUTHORITY TO PURCHASE OPTIONS TO PURCHASE REAL ESTATE - BOARD OF DIRECTORS
SCHOOL DISTRICTS ‑- BOARD OF DIRECTORS - AUTHORITY TO PURCHASE OPTIONS TO PURCHASE REAL ESTATE ‑- TIME LIMITATION 1. The board of directors of a first class school district is authorized to purchase and hold either real or personal property without a vote of the district electors and may purchase options to purchase real estate if it has provided for such expenditures in its budget. The board of directors of a second class school district is authorized to purchase real estate contiguous to a school site upon which a schoolhouse is situated by unanimous vote of the board, but to purchase real estate non-contiguous [[noncontiguous]] requires a vote of the majority of the electors of the district, and the board of directors of a third class school district is authorized to purchase additional sites either contiguous or non-contiguous [[noncontiguous]] only when authorized by a majority of the vote of the electors of the district. 2. There is no statutory limitation on the time for which an option to purchase real estate may run.
SCHOOL DISTRICTS - AUTHORITY OF DIRECTOR TO ENTER INTO COLLECTIVE BARGAINING AGREEMENTS WITH A UNION REPRESENTING THE EMPLOYEES OF THE DISTRICT
SCHOOL DISTRICTS ‑- AUTHORITY OF DIRECTOR TO ENTER INTO COLLECTIVE BARGAINING AGREEMENTS WITH A UNION REPRESENTING THE EMPLOYEES OF THE DISTRICT Board of directors of a school district is legally authorized to enter into collective bargaining agreements with union representing the district's custodial employees.
SCHOOL DISTRICTS - LEVIES FOR PAYMENT OF BONDS
SCHOOL DISTRICTS ‑- LEVIES FOR PAYMENT OF BONDS (1) A school district may not levy an excess tax levy in an amount greater than is required for payment of principal and interest due on school district bonds in the particular year for which the levy is made. (2) A school district may not increase the excess tax levy in order to exercise an option to redeem bonds prior to the fixed date of maturity. (3) A surplus in the bond redemption fund should be used to retire bonds which are subject to redemption. If not so used, it must be considered in determining the amount of excess tax levy when the next budget is prepared. (4) The board of county commissioners does not have authority to fix the excess tax levy for the bond redemption fund at a different amount than the amount certified by appropriate authorities.
SCHOOL DISTRICTS - PECUNIARY INTEREST OF DIRECTOR IN CONTRACT WITH DISTRICT
SCHOOL DISTRICTS ‑- PECUNIARY INTEREST OF DIRECTOR IN CONTRACT WITH DISTRICT A school director may not be compensated by his district for services rendered in transporting children to school.
SCHOOL DISTRICTS - PURCHASE OF SUPPLIES - NECESSITY OF ADVERTISING FOR BIDS - SPECIFICATIONS
SCHOOL DISTRICTS ‑- PURCHASE OF SUPPLIES ‑- NECESSITY OF ADVERTISING FOR BIDS ‑- SPECIFICATIONS A first class school district calling for bids for supplies in the sum of $1000 or more may not specify an item by brand name with a "no substitution" provision.
SCHOOL DISTRICTS - AUTHORITY TO BORROW MONEY WITHOUT VOTE OF ELECTORS
SCHOOL DISTRICTS ‑- AUTHORITY TO BORROW MONEY WITHOUT VOTE OF ELECTORS The board of directors of a first class school district has authority to borrow money for the purpose of constructing a school bus garage if this can be accomplished within the framework of debt limit, budget and expenditure limit statutes pertaining to such districts.
PUBLIC UTILITY DISTRICTS - SCHOOL DISTRICTS - VALIDITY OF AGREEMENT UNDER WHICH P.U.D. COMPENSATES DISTRICT IN LIEU OF TAXES.
PUBLIC UTILITY DISTRICTS ‑- SCHOOL DISTRICTS - VALIDITY OF AGREEMENT UNDER WHICH P.U.D. COMPENSATES DISTRICT IN LIEU OF TAXES. A public utility district may enter into an agreement to compensate a school district for loss of taxes occasioned by purchase of private property within the school district by the P.U.D .
SCHOOL DISTRICTS - ELIGIBILITY FOR SCHOOL EMERGENCY CONSTRUCTION FUNDS
SCHOOL DISTRICTS ‑- ELIGIBILITY FOR SCHOOL EMERGENCY CONSTRUCTION FUNDS. The regulation of the School Emergency Construction Commission which prescribes minimum standards a school district must meet in order to be eligible for state emergency construction funds is in conflict with state law. The statute is controlling.
SCHOOL DISTRICTS - RIGHT TO INSURE AGAINST LIABILITY FOR ACCIDENTS - SCHOOL PATROL
SCHOOL DISTRICTS ‑- RIGHT TO INSURE AGAINST LIABILITY FOR ACCIDENTS ‑- SCHOOL PATROL. (1) Under some factual situations a school district may be liable in case of injury to a school patrolman while on patrol duty. (2) School districts have specific authority to insure members of a school patrols.(3) School districts have implied authority to insure themselves against liability for other injuries.
CITIES AND TOWNS - METROPOLITAN PARK DISTRICTS - PARKS - SWIMMING POOLS - COUNTIES - SCHOOL DISTRICTS
CITIES AND TOWNS ‑- METROPOLITAN PARK DISTRICTS ‑- PARKS ‑- SWIMMING POOLS ‑- COUNTIES ‑- SCHOOL DISTRICTS. Chapter 67.20 RCW, which empowers separately organized park districts to acquire land for swimming pools, to build, operate and maintain swimming pools, to enact police regulations therefor and to contract with other governmental units for conducting a recreation program, does not increase the power of a metropolitan park district organized pursuant to chapter 35.61 RCW so as to permit such a district to create local improvement district for the construction of a swimming pool. Chapter 67.20 RCW does not empower a first class city, either independently or jointly with a county and school district, to form a local improvement district for financing the construction of a swimming pool, where part of the area to be benefited by the improvement and thereby assessed therefor, lies outside the city limits and within the area of the county and/or the school district.
SCHOOL DISTRICTS - TEACHERS' CONTRACTS - SUFFICIENCY OF CAUSE FOR NONRENEWAL - PROOF REQUIRED TO ESTABLISH CAUSE
SCHOOL DISTRICTS ‑- TEACHERS' CONTRACTS ‑- SUFFICIENCY OF CAUSE FOR NONRENEWAL ‑- PROOF REQUIRED TO ESTABLISH CAUSE 1. "Sufficient cause" for nonrenewal must be of substantial nature. 2. In a hearing to establish "sufficient cause" for nonrenewal of contract witnesses and proof must be produced substantiated by competent evidence.
TAXATION - SPECIAL LEVIES - SCHOOL DISTRICTS
TAXATION ‑- SPECIAL LEVIES ‑- SCHOOL DISTRICTS Chapter 253, Laws of 1955, applies to all special levies imposed for school districts after the effective date of the act regardless of when the elections authorizing such special levies may have been held.
SCHOOLS - SCHOOL DISTRICTS - CONSTRUCTION OF HIGH SCHOOL - CONTRIBUTIONS BY NON-HIGH SCHOOL DISTRICTS
SCHOOLS ‑- SCHOOL DISTRICTS ‑- CONSTRUCTION OF HIGH SCHOOL ‑- CONTRIBUTIONS BY NON-HIGH SCHOOL DISTRICTS Non-High school districts may not make capital contributions for the construction of high school buildings located in another non-high school district.
SCHOOL DISTRICTS - CONTRACTS - AMOUNT AND TIME - BUILDING AND ARCHITECT - POWER TO CONTRACT BEYOND TERM OF OFFICE
SCHOOL DISTRICTS ‑- CONTRACTS ‑- AMOUNT AND TIME ‑- BUILDING AND ARCHITECT ‑- POWER TO CONTRACT BEYOND TERM OF OFFICE The board of directors of a school district may contract for architect's services in connection with a building program for a period exceeding the term of office of the board, but may not contract for an amount in excess of that which was allocated for that purpose in the budget for the year in which the contract was executed.
SCHOOL DISTRICTS - EXTRATERRITORIAL POWERS
SCHOOL DISTRICTS ‑- EXTRATERRITORIAL POWERS School districts have no authority to acquire land outside the district for school building sites.
SCHOOL DISTRICTS - CONSOLIDATION - ELECTION
SCHOOL DISTRICTS ‑- CONSOLIDATION ‑- ELECTION To validate a proposed consolidation of whole existing school districts with part of an existing district, an election is required to obtain majority vote of the electors of each whole district separately and a majority vote of the electors of the part district residing within the proposed new district.
SCHOOLS - SCHOOL DISTRICTS - BUDGETS
POWER TO ISSUE WARRANTS AGAINST ANTICIPATED REVENUES School district officials may approve vouchers against anticipated revenues of bond sales where such revenues were included in the budget for the fiscal year. The county auditor may issue warrants against such anticipated revenues before the bonds are sold. The county auditor may pay such warrants before the anticipated revenues are actually deposited.
SCHOOL DISTRICTS - DIRECTORS - BENEFICIAL INTEREST IN CONTRACTS
SCHOOL DISTRICTS ‑- DIRECTORS ‑- BENEFICIAL INTEREST IN CONTRACTS A school district may not legally purchase water from a private water company owned by a member of the district school board.
SCHOOL DISTRICTS - TAX LEVIES - LIMITS OF BONDED INDEBTEDNESS
SCHOOL DISTRICTS ‑- TAX LEVIES ‑- LIMITS OF BONDED INDEBTEDNESS Chapter 253, Laws of 1955, (The Ryder Plan) does not affect the limits of bonded indebtedness for school districts.
SCHOOL DISTRICTS - CONSOLIDATION - STATUS
SCHOOL DISTRICTS ‑- CONSOLIDATION ‑- STATUS. School districts which are consolidated for all purposes for which such districts are operated lose their individuality and become a new and distinct entity for all such purposes except as to those matters expressly reserved by statute.
ELECTIONS - SCHOOL DISTRICTS - EXCESS LEVY - TOTAL VOTE REQUIRED FOR VALIDITY
ELECTIONS ‑- SCHOOL DISTRICTS ‑- EXCESS LEVY ‑- TOTAL VOTE REQUIRED FOR VALIDITY A school district election authorizing an excess levy is valid if the total vote was at least 40% of the vote at the last regular school district election.
SCHOOL DISTRICTS - SPECIAL ELECTIONS - USE OF PUBLIC FUNDS TO ADVERTISE
SCHOOL DISTRICTS ‑- SPECIAL ELECTIONS ‑- USE OF PUBLIC FUNDS TO ADVERTISE. The cost of printing and distributing brochures advising the electors concerning a proposition to be voted on at a special election is an unauthorized expenditure of public funds and not an allowable claim.
SCHOOL DISTRICTS - POWERS AND DUTIES OF SECOND CLASS SCHOOL DISTRICTS - SALE OF PROPERTY - WHETHER A SECOND CLASS SCHOOL DISTRICT CAN CONVEY PROPERTY TO A FIRE DISTRICT FOR A NOMINAL CONSIDERATION, OR WHETHER IT MUST ACCEPT THE HIGHEST BID AT A PUBLIC AUCTION
SCHOOL DISTRICTS ‑- POWERS AND DUTIES OF SECOND CLASS SCHOOL DISTRICTS ‑- SALE OF PROPERTY ‑- WHETHER A SECOND CLASS SCHOOL DISTRICT CAN CONVEY PROPERTY TO A FIRE DISTRICT FOR A NOMINAL CONSIDERATION The directors of second class school district may convey property to a fire district for a nominal consideration if so authorized by the vote of the electors of the district.
SCHOOL DISTRICTS - FEES - FAILURE OF LEVY - INSUFFICIENT FUNDS TO BUY SCHOOL SUPPLIES - PUPILS REQUIRED TO PAY FEES - SUPPLIES
SCHOOL DISTRICTS ‑- FEES ‑- FAILURE OF LEVY ‑- INSUFFICIENT FUNDS TO BUY SCHOOL SUPPLIES ‑- PUPILS REQUIRED TO PAY FEES ‑- SUPPLIES. RCW 28.58.100 (7) prohibits a school district from collecting a fee from pupils to offset the cost of instructional materials which the district has undertaken to supply.
SCHOOL DISTRICTS - DIRECTORS - POWER TO AUTHORIZE USE OF SCHOOL BUILDING FOR OTHER THAN SCHOOL PURPOSES
SCHOOL DISTRICTS ‑- DIRECTORS ‑- POWER TO AUTHORIZE USE OF SCHOOL BUILDING FOR OTHER THAN SCHOOL PURPOSES. In the exercise of their discretion the directors of a school district may legally permit the use of school buildings for meetings at which a speaker is to discuss controversial religious subjects or present matter in criticism of established organizations, institutions or churches.
SCHOOL DISTRICTS - SPECIAL MEETING AS COMPLYING WITH REQUIREMENT OF AN "ELECTION"
SCHOOL DISTRICTS ‑- SPECIAL MEETING AS COMPLYING WITH REQUIREMENT OF AN 'ELECTION' The sale of property of a school district of the first class, which has a value in excess of $2,000.00, must be authorized by the voters of the district at a general election or at a special election called for that purpose. A special "meeting" called pursuant to the provisions of RCW 28.58.370 does not meet the requirements of an "election" as prescribed by RCW 28.62.190.
SCHOOL DISTRICTS - FIRST CLASS - AUTHORITY OF DIRECTORS TO SELL PROPERTY TO STATE FOR HIGHWAY PURPOSES WHERE VALUE EXCEEDS $20,000.00 - NECESSITY FOR VOTE OF ELECTORS
SCHOOL DISTRICTS ‑- FIRST CLASS ‑- AUTHORITY OF DIRECTORS TO SELL PROPERTY TO STATE FOR HIGHWAY PURPOSES WHERE VALUE EXCEEDS $20,000.00 ‑- NECESSITY FOR VOTE OF ELECTORS Where property of a first class school district is required for state highway purposes, the directors of the district may mutually agree with the state as to the selling price and may proceed to make the sale on that basis without submitting the question of the sale to the voters of the district even though the value of the property exceeds $20,000.00.
SCHOOL DISTRICTS - ACQUISITION OF NEW SCHOOL SITE - WHERE DISTRICTS MERGED INTO SINGLE DISTRICT PREVIOUSLY OWNED SCHOOL SITES - SIMPLE MAJORITY OR TWO-THIRDS VOTE
SCHOOL DISTRICTS ‑- ACQUISITION OF NEW SCHOOL SITE ‑- WHERE DISTRICTS MERGED INTO SINGLE DISTRICT PREVIOUSLY OWNED SCHOOL SITES ‑- SIMPLE MAJORITY OR TWO-THIRDS VOTE A school district created by the reorganization of two previously existing districts, each of which had a school site at the time of the reorganization, which had been selected by the majority vote of the respective districts, cannot acquire a new school site except upon a favorable two-thirds vote of the district at a regular or special election.
SCHOOL DISTRICTS - ARCHITECTS' FEES - SALES TAX
SCHOOL DISTRICTS ‑- ARCHITECTS' FEES ‑- SALES TAX Legal, but not customary, for a school district to pay an architect's fee of six per cent of the total cost of labor and materials, including the sales tax.
SCHOOL DISTRICTS - HIGH SCHOOL GRADUATING STUDENTS - DISSEMINATION OF NAMES TO PRIVATE BUSINESS COLLEGES - POWERS OF DIRECTORS
SCHOOL DISTRICTS ‑- HIGH SCHOOL GRADUATING STUDENTS ‑- DISSEMINATION OF NAMES TO PRIVATE BUSINESS COLLEGES. POWERS OF DIRECTORS Directors have authority either to permit or deny dissemination of names and addresses of students to business colleges.
SCHOOL DISTRICTS - BOARD OF DIRECTORS - MEETINGS - VOTING BY PROXY OR IN ABSENTIA
SCHOOL DISTRICTS ‑- BOARD OF DIRECTORS ‑- MEETINGS ‑- VOTING BY PROXY OR IN ABSENTIA A member of the board of a first class school district may not act by proxy or in absentia, but must be personally present at a board meeting in order to participate in the proceedings of the board.
SCHOOL DISTRICTS - LEGALITY AND PROPRIETY OF HAVING MORE THAN ONE SPECIAL LEVY VOTED DURING THE SAME CALENDAR YEAR
SCHOOL DISTRICTS ‑- LEGALITY AND PROPRIETY OF HAVING MORE THAN ONE SPECIAL LEVY VOTED DURING THE SAME CALENDAR YEAR A school district may submit to the electors of the district at a special election to be held not oftener than twice in the fiscal year in which the levy is to be made, the proposition of whether a special levy should be made in excess of the authorized millage.
SCHOOL DISTRICTS - POWER OF BOARD TO EXCLUDE STUDENTS BY REASON OF MARRIAGE
SCHOOL DISTRICTS ‑- POWER OF BOARD TO EXCLUDE STUDENTS BY REASON OF MARRIAGE The Board of Directors of a school district has no authority to exclude a student from attendance at school solely for the reason that such a student is married.
SCHOOL DISTRICTS - TEACHERS - CONTRACTS OF - NOTICE OF REFUSAL TO RENEW - SUFFICIENCY OF REASON STATED - RIGHT OF APPEAL OF TEACHER
SCHOOL DISTRICTS ‑- TEACHERS ‑- CONTRACTS OF ‑- NOTICE OF REFUSAL TO RENEW ‑- SUFFICIENCY OF REASON STATED ‑- RIGHT OF APPEAL OF TEACHER Notice of refusal to renew a teacher's contract given pursuant to RCW 28.67.070 must state the reason for non-renewal [[nonrenewal]]. Renewal of the contract being discretionary, any reason is sufficient and the teacher has no right of appeal.
SCHOOL DISTRICTS - CONSOLIDATION - TRANSFER OF TITLE TO SCHOOL PROPERTY
SCHOOL DISTRICTS ‑- CONSOLIDATION ‑- TRANSFER OF TITLE TO SCHOOL PROPERTY Upon consolidation of one school district with another title to the school property of the old district vests automatically in the new district without the necessity of execution of a deed by the old district to the new.
SCHOOL DISTRICTS - MAY A NONHIGH SCHOOL DISTRICT REIMBURSE ONE OF ITS DIRECTORS THE TRANSPORTATION EXPENSES FOR HIS CHILD IN ATTENDING HIGH SCHOOL IN ADJOINING HIGH SCHOOL DISTRICT
SCHOOL DISTRICTS ‑- MAY A NONHIGH SCHOOL DISTRICT REIMBURSE ONE OF ITS DIRECTORS THE TRANSPORTATION EXPENSES FOR HIS CHILD IN ATTENDING HIGH SCHOOL IN ADJOINING HIGH SCHOOL DISTRICT A nonhigh school district may reimburse one of its directors for the expense of transportation of the director's child to attend high school in an adjoining high school district, pursuant to the authorization of the transportation commission, as provided in RCW 28.24.030.
SCHOOL DISTRICTS - TAX LEVIES
SCHOOL DISTRICTS ‑- TAX LEVIES
Section 1, chapter 255, Laws of 1951 has no effect upon section 37, chapter 266, Laws of 1947 and section 37 remains in full force and effect.
SCHOOL DISTRICTS - PURCHASE OF SCHOOL BUS GARAGE - SPECIAL MEETING TO SECURE APPROVAL OF VOTERS
SCHOOL DISTRICTS ‑- PURCHASE OF SCHOOL BUS GARAGE ‑- SPECIAL MEETING TO SECURE APPROVAL OF VOTERS A special meeting pursuant to Rem. Rev. Stat. section 5028 et seq. to determine if a school district should purchase a school bus garage is a valid and proper means of securing the voters' approval of such a purchase.
COMMUNITY COLLEGES - CONTRACTS - SCHOOL DISTRICTS - AUTHORITY OF COMMUNITY COLLEGE TO OPERATE ADULT EDUCATION PROGRAMS
COMMUNITY COLLEGES ‑- CONTRACTS ‑- SCHOOL DISTRICTS ‑- AUTHORITY OF COMMUNITY COLLEGE TO OPERATE ADULT EDUCATION PROGRAMS A board of trustees of Yakima Valley College, a community college operating under chapter 28B.50 RCW, has the legal right thereunder to operate certain adult education programs in the Grandview area following expiration of an existing contract with the Grandview district on June 30, 1973.
DISTRICTS - FIRE PROTECTION - COUNTIES - CITIES AND TOWNS - SCHOOL DISTRICTS - MUNICIPALITIES
SERVICE CHARGES FOR CERTAIN FIRE PROTECTION Chapter 126, Laws of 1974, 1st Ex. Sess., does not authorize a board of fire commissioners to impose a service charge on real and personal property owned by the state or any county or other municipal corporation which is benefited by fire protection service offered by a fire protection district.
SCHOOL DISTRICTS - TAXATION - PROPERTY
Extent to which taxable property located in dissolved school district is subject to excess tax levies previously approved in district to which territory is transferred When a school district is dissolved and all of its territory is transferred to another district effective August 31, 2007, and when the transferred territory is made subject to excess levies approved by the receiving district before the transfer, the transferred territory is included within the receiving district’s tax base for the levy made in 2008 to be collected in 2009, but not earlier.
SCHOOL DISTRICTS - FOREST LAND - BONDS
Authority of school district to transfer surplus state forest land revenue from the district’s debt service fund to a school district capital projects fund. 1. RCW 79.64.110(3) allows a school district to transfer surplus state forest land revenue in its debt service fund to a district capital projects fund, to the extent that such funds have not been pledged or are not otherwise necessary to satisfy the district’s bond obligations. 2. For purposes of applying RCW 79.64.110, the Department of Natural Resources and the State Treasurer may be a source of records sufficient to determine how much forest land revenue has been credited to each school district in a given period of time.
SCHOOL DISTRICTS - EMPLOYEES
AUTHORITY TO PERFORM CATHETERIZATION WITHOUT MEDICAL LICENSE We would advise against school district employees performing catheterization without a medical license.