DISTRICTS - SCHOOLS - PENSIONS - PUBLIC WORKS
PENSION PROGRAM FOR NONCERTIFICATED SCHOOL DISTRICT EMPLOYEES (1) RCW 41.40.410, as amended by § 1, chapter 84, Laws of 1965, requires all public school districts to provide coverage in the Washington public employees' retirement system for their eligible noncertificated employees even though such employees may be members of a craft or trade union which has its own union pension trust plan; the fact of membership in such a craft or trade union does not constitute a basis for personal ineligibility for membership in the public employees' retirement system under the provisions of RCW 41.40.120.(2) Chapter 39.12 RCW, providing for payment of the "prevailing rate of wage" (including pension benefits, where applicable) on public works projects does not apply when a school district directly hires noncertificated craft or trade union members on a regular basis to perform work on school district property under the supervision of the school district administrators.(3) A school district which is covering its noncertificated employees under the Washington public employees' retirement system is not authorized to make additional pension contributions to a union pension trust fund set up by a craft or trade union to which these employees belong.
ELECTIONS - RESIDENCE - SCHOOLS - VOTING ELIGIBILITY OF CERTAIN STUDENTS
ELECTIONS ‑- RESIDENCE ‑- SCHOOLS ‑- VOTING ELIGIBILITY OF CERTAIN STUDENTS (1) Article VI, § 4 of the Washington Constitution does not prevent a student in school from establishing a voting residence where he is living while attending school if he has an actual intent to establish that place as his home either permanently or indefinitely for an appreciable period of time.(2) The existing law regarding the voting residence of students would not be materially changed by the enactment of a statute providing that students attending any institution of learning may be registered to vote where they reside in the vicinity of such institution if they declare that they have no present intention to move to any other voting area.
JUVENILE COURTS - SCHOOLS - TRUANCY
ENFORCEMENT OF COMPULSORY SCHOOL ATTENDANCE LAW In the enforcement of the state compulsory school attendance law as amended by chapter 201, Laws of 1979, 1st Ex. Sess., a juvenile court has only the limited jurisdiction (by virtue of § 2 of that act) to impose the non-criminal monetary penalty provided for in RCW 28A.27.100 as amended by § 6 of chapter 201, supra; however, assuming that this fine or penalty has been invoked in a given case and the juvenile in question fails to pay it, that juvenile may then be declared to be in contempt of court, whereupon the court will then have jurisdiction to deal with the child as a "juvenile offender" under the provisions of chapter 13.40 RCW.
DISTRICTS - SCHOOLS - FUNDS - INTERSCHOLASTIC ATHLETICS
LEGAL STATUS OF STATE TOURNAMENT REVENUES (1) Revenues, such as the receipts from the sale of admission tickets and paid advertisements, which are realized from the conduct of state athletic tournaments by the Washington Interscholastic Activities Association constitute private funds of the association and not public funds of the participating school districts and/or their student bodies.(2) The expenditure of public funds by a school district to pay travel, lodging, salary and other expenses incurred by the district as a result of the district's participation in a state athletic tournament conducted by the Washington Interscholastic Activities Association does not constitute a gift of public money or property to the association in violation of Article VIII, § 7 of the Washington Constitution.
SCHOOLS - DISTRICTS - MORTGAGES - REAL PROPERTY
SCHOOLS--DISTRICTS--MORTGAGES--REAL PROPERTY An individual school district cannot finance the acquisition of real property for school district purposes by borrowing funds from an institutional lender and securing payment of the obligation with a mortgage on the property acquired with the loan proceeds.
DISTRICTS - SCHOOLS - TEACHERS
LIMITATION ON COMPENSATED LEAVE FOR SCHOOL DISTRICT EMPLOYEES (1) As amended by § 4, chapter 182, Laws of 1980, RCW 28A.58.100(2) prohibits a school district from granting as well as accumulating annual leave for illness, injury, and emergencies in excess of twelve days per year. (2) As thus amended, however, RCW 28A.58.100(2) does not prohibit a school district from granting emergency leave separate from leave for illness and injury; nor is a school district prohibited from limiting the number of days of leave for emergencies to a specific number less than ten of the required ten days of leave for illness, injury, and emergencies for a full-time employee. (3) Any such emergency leave must, however, be so limited that it, together with leave for illness and injury, does not exceed twelve days per year.
DISTRICTS - SCHOOLS - ATHLETIC PROGRAMS - EQUAL RIGHTS AMENDMENT - SUPERINTENDENT OF PUBLIC INSTRUCTION - REGULATIONS
DISTRICTS--SCHOOLS--ATHLETIC PROGRAMS--EQUAL RIGHTS AMENDMENT--SUPERINTENDENT OF PUBLIC INSTRUCTION--REGULATIONS 1. RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(3) provides that school districts may offer separate but equal athletic teams for each sex. The Superintendent thus is not authorized to adopt the portions of WAC 392-190-025 and -035 that limit school districts' ability to provide or sponsor separate but equal athletic teams for males and females. To have separate but equal athletic teams, however, school districts must comply also with constitutional restrictions. 2. RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(4) provides that separation is permitted within physical education classes. The Superintendent thus is not authorized to adopt the portions of WAC 392-190-050 that limit school districts' ability to provide separate but equal physical education classes for males and females. To have separate but equal physical education classes, however, school districts must comply also with constitutional restrictions. 3. RCW 28A.85.020 and .030 and WAC 392-190 may apply to the use of school district playing fields by private sports leagues. The application of these statutes and administrative rules depends on the nature of the relationship between the school district and the private sports league.
SCHOOLS - ANNEXATION - AUTHORITY OF BOARD OF DIRECTORS TO SIGN A PETITION FOR ANNEXATION - PROPERTY AS COMPRISING A PART OF THE AREA TO BE ANNEXED
SCHOOLS ‑- ANNEXATION ‑- AUTHORITY OF BOARD OF DIRECTORS TO SIGN A PETITION FOR ANNEXATION ‑- PROPERTY AS COMPRISING A PART OF THE AREA TO BE ANNEXED (1) Under the provisions of RCW 35.13.130 the board of directors of a school district is not entitled to sign a petition for annexation. (2) The property of the school district may comprise a part of the area to be annexed provided the value thereof does not enter into the computations prescribed by RCW 35.13.130.
DISTRICTS - SCHOOLS - APPORTIONMENT OF STATE FUNDS FOR ATTENDANCE IN JUNIOR HIGH SCHOOLS
DISTRICTS ‑- SCHOOLS ‑- APPORTIONMENT OF STATE FUNDS FOR ATTENDANCE IN JUNIOR HIGH SCHOOLS Under the constitution and statutes of this state the retained bonded indebtedness of school districts which consolidate must be considered in computing the bonding capacity of the new (consolidated) district.
DISTRICTS - SCHOOLS - TEACHERS - INITIATIVE NO. 62
FUNDING COSTS OF SICK LEAVE CASH OUT ‑- ENFORCEMENT OF INITIATIVE NO. 62 (1) School districts are not entitled to be reimbursed by the state under the provisions of Initiative No. 62, § 6 (1) for the additional costs resulting from the sick leave cash out provided for by RCW 28A.58.097.(2) The added costs resulting from the aforesaid sick leave cash out program are subject to the "full funding" requirement for basic education (K-12) imposed by Washington Const., Article IX, § 1; however, this does not necessarily mean that the total amount paid by a school district to its eligible employees pursuant to RCW 28A.58.097 will have to be covered by the amount which the legislature is constitutionally required to appropriate for basic education.(3) Because Initiative No. 62 is not a constitutional amendment, it does not have the effect of voiding legislation imposing additional costs on local taxing districts without compliance with § 6(1) thereof; rather, the legal effect of enacting such legislation would be the incurrence of a potential state liability for reimbursement to the extent, and in the manner, thus required.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO WITHHOLD TRANSMISSION OF STUDENT'S TRANSCRIPT
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO WITHHOLD TRANSMISSION OF STUDENT'S TRANSCRIPT The board of directors of a school district is not legally authorized to withhold transmission of a student's transcript to another public school in the state of Washington because of the failure of the student to pay his obligations for fines, lost books, etc., before withdrawal.
DISTRICTS - SCHOOLS - EDUCATION
DISTRICTS ‑- SCHOOLS ‑- EDUCATION 1. School districts have broad powers over curricula and instructional materials. Pursuant to this authority, a school district may select and use educational television programming even though that programming contains advertising so long as the primary and predominant purpose of the program is educational and the advertising content is incidental. 2. School districts have broad authority over the selection of instructional materials and the acquisition of school equipment and supplies. Pursuant to this authority, a school district may select school materials, supplies and equipment that contain advertising.
DISTRICTS - SCHOOLS - BOARDS OF DIRECTORS - POWERS AND DUTIES - AUTHORITY GRANTED BY 1961 COMMUNITY COLLEGE ACT
DISTRICTS ‑- SCHOOLS ‑- BOARDS OF DIRECTORS ‑- POWERS AND DUTIES ‑- AUTHORITY GRANTED BY 1961 COMMUNITY COLLEGE ACT None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.
DISTRICTS - SCHOOLS - BONDS - ISSUANCE BY CONSOLIDATED DISTRICT - RETAINED BONDED INDEBTEDNESS OF COMPONENT DISTRICTS
DISTRICTS ‑- SCHOOLS ‑- BONDS ‑- ISSUANCE BY CONSOLIDATED DISTRICT ‑- RETAINED BONDED INDEBTEDNESS OF COMPONENT DISTRICTS Under the constitution and statutes of this state the retained bonded indebtedness of school districts which consolidate must be considered in computing the bonding capacity of the new (consolidated) district.
DISTRICTS - SCHOOLS - INSURANCE - HEALTH - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- INSURANCE ‑- HEALTH ‑- CONTRACTS (1) RCW 28A.58.420, as amended by § 2, chapter 269, Laws of 1971, 1st Ex. Sess., permits but does not require all school districts to make available to their employees an insurance program which would include medical or health care coverage entitling the beneficiaries to utilize the services of those practitioners who are licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57 and 18.71 RCW.(2) If an insurance contract procured by a school district for its employees under RCW 28A.58.420, as amended, does include medical coverage relating to services which can be rendered by more than one of the above enumerated classes of licensees, the contract must then entitle the beneficiaries to choose between the services of each of those categories of licensees which are authorized to treat the particular covered illness or injury in question.(3) Where the board of directors of a school district is providing medical or health care insurance coverage for its employees under RCW 28A.58.420, as amended, it is not necessary that the contract for insurance or protection allow its beneficiaries to utilize the services of any practitioners in this state licensed pursuant to the enumerated RCW chapters; instead, it is permissible for the insurance contract to afford to those beneficiaries only the services of a designated list of named licensees practicing in a particular geographical area.
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - SALARIES
LIMITATION ON SALARY INCREASES UNDER 1981 LEGISLATION Although a reduction (from 183 to 180) in the number of days in the current (1981-82) school year during which the certificated employees of a certain school district will be required to work, when coupled with a continuation of the same annual salaries as were paid during the previous (1980-81) school year, will result in a "salary increase" in the literal sense as that term is used in § 1, chapter 16, Laws of 1981, such a salary increase would not, by and of itself, trigger the restrictive provisions of the subject legislation.
DISTRICTS - SCHOOLS - STUDENTS - STATE FUNDING
EARLY RELEASE OF GRADUATING SENIORS (1) RCW 28A.58.754(5), as amended by § 1, chapter 250, Laws of 1979, 1st Ex. Sess., permits a school district to conduct its graduation exercises five days prior to the end of the normal 180-day school year and then release the graduating seniors from any further school attendance requirement.(2) Even if a school district elects not actually to conduct graduation exercises five days prior to the end of the 180-day school year, the district may nevertheless simply release all of its graduating seniors from any further requirement of class attendance during the five‑day period and is not, instead, required to operate some form of noninstructional program (for students wishing to participate) for which attendance records are to be maintained.
DISTRICTS - SCHOOLS - EMPLOYEES - SALARIES
LEGISLATIVE RESTRICTION ON SCHOOL EMPLOYEE SALARY INCREASE FOR 1982-1983 In view of restrictions contained in the 1981-83 appropriations act, as last reflected in chapter 50, Laws of 1982, 1st Ex. Sess., school districts are not legally permitted to grant salary increases (other than as permitted by RCW 28A.58.095(3)) for the 1982-83 school year prior to June 30, 1983, except in the case of those employees who are covered by contracts entered into prior to April 20, 1982 which entitle the subject employees to salary increases during the 1982-83 school year prior to June 30, 1983.
STATE BOARD OF EDUCATION - SCHOOLS - SCHOOL TEACHERS
Extent of authority of Board of Education under RCW 28A.195.010 to permit private schools to employ non-Washington certificated teachers WAC 180-90-112, which permits private schools to hire non-Washington state certificated teachers under certain circumstances, is not inconsistent with the statutory requirements for private schools as set forth in RCW 28A.195.010.
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.
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS A school district, as a condition of reemployment of its certificated teachers for a new school year, may require such teachers to sign and return their formal written employment contracts within a specified, reasonable period of time after the mailing of these contracts to the teachers.
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS - RETIREMENT - INSURANCE
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS ‑- RETIREMENT ‑- INSURANCE (1) An agreement by a school district in reducing its force of certificated teachers for financial reasons to grant those teachers whose contracts are not to be renewed an unpaid leave of absence coupled with a right to return at some future date, if and when future teaching vacancies occur within the district for which they are qualified, will be enforceable by a separated teacher only if it is supported by an adequate legal consideration. (2) Such an agreement must be in writing in order to satisfy the requirements of RCW 28A.67.070, and of RCW 19.36.020 as well if the rights thereby granted are intended to be enforceable for more than one year beyond the date of its execution. (3) Considerable doubt must be expressed as to the enforceability of such a leave of absence coupled with a right of return if the term of leave exceeds one year in duration. (4) During the period of an unpaid leave of absence a teacher will not be eligible for active participation in the state teachers' retirement system as an employee of the district granting the leave. (5) Whether during the period of an unpaid leave of absence a teacher will be eligible to continue participating at his own expense in a medical insurance program provided for by the school district under RCW 28A.58.420 or RCW 41.04.180 will depend upon the terms of the particular insurance contract involved.
DISTRICTS - SCHOOLS - PUBLIC RECORDS - STUDENTS - PARENTAL ACCESS TO SCHOOL DISTRICT RECORDS RELATING TO STUDENTS
DISTRICTS ‑- SCHOOLS ‑- PUBLIC RECORDS ‑- STUDENTS ‑- PARENTAL ACCESS TO SCHOOL DISTRICT RECORDS RELATING TO STUDENTS (1) Under the provisions of Initiative No. 276, a public school district may allow the parents of a student enrolled therein to inspect the district's records pertaining to that student in those instances where the student is 18 years of age or older unless to do so will violate a right of privacy of the student who is the subject of the particular record and this information cannot be deleted from the record without destroying it. (2) The question of whether disclosure of any particular information in a school district's records respecting its students would violate the student's right of privacy is to be decided on a case‑by-case basis in the courts in accordance with the procedures set forth in §§ 31, 33 and 34 of Initiative No. 276 (chapter 1, Laws of 1973).
DISTRICTS - SCHOOLS - FUNDS - INVESTMENT INCOME
INTEREST EARININGS FROM SCHOOL DISTRICT BUILDING RESERVE FUND RCW 28A.58.440 allows the transfer of interest earnings from a school district building reserve fund or building and capital projects fund to another school district fund so long as expenditures from such transferred interest earnings are restricted to instructional supplies, equipment or capital outlay purposes.
DISTRICTS - SCHOOLS - TRANSPORTATION - CONTRACTS
APPLICABILITY OF PREVAILING WAGE LAW TO CONTRACTS FOR SCHOOL BUS TRANSPORTATION The provisions of chapter 39.12 RCW, the state prevailing wage law, do not apply to bus drivers or like personnel employed by private companies providing transportation services to a school district by contract.
DISTRICTS - SCHOOLS - TUITION AND FEES - AUTHORITY OF SCHOOL DISTRICTS TO CHARGE VARIOUS FEES
DISTRICTS ‑- SCHOOLS ‑- TUITION AND FEES ‑- AUTHORITY OF SCHOOL DISTRICTS TO CHARGE VARIOUS FEES a
DISTRICTS - SCHOOLS - EMPLOYEES - INSURANCE
COMPUTATION OF INSURANCE FRINGE BENEFITS FOR SCHOOL DISTRICT EMPLOYEES Read together, the provisions of RCW 28A.58.095 and the 1983-85 Biennial Operating Appropriations Act do not permit school districts to pool the total amount of money allowed for certificated and classified employee medical insurance benefits in order to provide each employee, regardless of the class of employees to which he or she belongs, an equal employer insurance benefit contribution.
DISTRICTS - FIRE PROTECTION - SCHOOLS - CONTRACTS FOR FIRE PROTECTION SERVICES
DISTRICTS ‑- FIRE PROTECTION ‑- SCHOOLS ‑- CONTRACTS FOR FIRE PROTECTION SERVICES The provisions of chapter 64, Laws of 1973, Ex. Sess., which on and after July 1, 1974, will require certain municipal corporations holding property situated within or adjacent to a fire protection district to contract with such district for fire protection services, are applicable to school districts holding such property.
DISTRICTS - SCHOOLS - AUTHORITY TO PURCHASE UNIFORMS AND EQUIPMENT FOR INTERSCHOLASTIC ATHLETIC EVENTS
DISTRICTS ‑- SCHOOLS ‑- AUTHORITY TO PURCHASE UNIFORMS AND EQUIPMENT FOR INTERSCHOLASTIC ATHLETIC EVENTS When a school district, through the adoption of an appropriate resolution by its board of directors, has determined to engage in organized interscholastic athletic events with other schools as a part of its overall educational program, such district may utilize its general maintenance and operation funds to pay for appropriate uniforms and equipment to be used by its students in connection with their participation in such events, either as "on the field" participants or as band members, cheerleaders or the like.
DISTRICTS - SCHOOLS - EMPLOYEES - PROFESSIONAL NEGOTIATIONS - SALARIES - POLICIES
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- PROFESSIONAL NEGOTIATIONS ‑- SALARIES ‑- POLICIES (1) The board of directors of a public school district in this state is required by existing law to adopt an annual salary schedule for all of its certificated employees within the meaning of RCW 28A.67.066; it is not, however, so required by any specific statute to adopt official policies with regard to (a) the maximum number of students in a classroom; (b) the number of elementary specialists to be used in connection with such subjects as physical education and music; (c) secondary planning periods; or (d) a schedule calendar. (2) The provisions of the "professional negotiations act" for school district certificated personnel (chapter 28A.72 RCW) permit but do not require the board of directors of a school district (or a committee thereof) to "meet, confer and negotiate" with the representatives of a duly designated employee organization as to proposed school policies initiated by that organization rather than by the board itself, except where those proposals are submitted by the employee organization as counterproposals during the course of pending negotiations on school policies initially proposed to be adopted by the board.
DISTRICTS - SCHOOLS - AUTHORIZATION BY VOTERS TO USE MONEY IN BUILDING FUND DERIVED FROM SPECIAL LEVY FOR GENERAL FUND PURPOSES - VOTE REQUIRED
DISTRICTS ‑- SCHOOLS ‑- AUTHORIZATION BY VOTERS TO USE MONEY IN BUILDING FUND DERIVED FROM SPECIAL LEVY FOR GENERAL FUND PURPOSES ‑- VOTE REQUIRED (1) Electors of a school district may authorize, at a special election, the use of monies in the building fund (derived from a special levy but not necessary for immediate expenditure) for general fund purposes. (2) If the school district desires to use the money in the building fund for general fund purposes the matter must be resubmitted to the voters and their approval must be tested by the requirements of the 17th Amendment and RCW 84.52.052.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - INVESTMENT OF FUNDS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- INVESTMENT OF FUNDS Under chapter 123, Laws of 1961, the board of directors of a school district has the power to authorize the county treasurer or other custodian of any school funds to invest such funds which may be lawfully invested or reinvested and which in the judgment of the board are not required for the immediate necessity of the district.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO MAKE REPAIRS AND IMPROVEMENTS TO SCHOOL DISTRICT PROPERTY THROUGH THE DISTRICT'S SHOP AND REPAIR DEPARTMENT
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO MAKE REPAIRS AND IMPROVEMENTS TO SCHOOL DISTRICT PROPERTY THROUGH THE DISTRICT'S SHOP AND REPAIR DEPARTMENT The board of directors of a school district does not have the authority under § 1, chapter 224, Laws of 1961, to make repairs and improvements to school district property, through its shop and repair department, where the total cost of the repairs or improvements will exceed the sum of $2,500.00.
DISTRICTS - SCHOOLS - APPROPRIATION FOR INCREASE IN TEACHERS' SALARIES - BASIS FOR COMPUTING INCREASE
DISTRICTS ‑- SCHOOLS ‑- APPROPRIATION FOR INCREASE IN TEACHERS' SALARIES ‑- BASIS FOR COMPUTING INCREASE (1) Where several senior members on the teaching staff of a school district during the school year 1960-61 have retired or transferred from the district their salaries need not be considered by the district in fixing the basis on which salaries must be increased pursuant to the 1961 appropriation act. (2) Where the salary of any classroom teacher in a district is increased beyond the amount stated in an existing contract by virtue of the increase required under the 1961 appropriation law, the contract should be amended to reflect the increase.
SCHOOLS - TEACHERS - RETIRED - AFFECT OF EMPLOYMENT IN ANY PUBLIC EDUCATIONAL INSTITUTION ON RETIREMENT ALLOWANCE
SCHOOLS ‑- TEACHERS ‑- RETIRED ‑- AFFECT OF EMPLOYMENT IN ANY PUBLIC EDUCATIONAL INSTITUTION ON RETIREMENT ALLOWANCE A member of the Washington teachers' retirement system who retires for service under RCW 41.32.480 and thereafter becomes employed as a teacher in the public schools of the state of Washington or another state remains entitled to receive the annuity portion of his retirement allowance, but the pension portion thereof is suspended during the period of employment; except that service may be rendered up to forty-five days per school year without reduction of the pension.
DISTRICTS - SCHOOLS - INSURANCE POLICIES - COMPETITIVE BIDS
DISTRICTS ‑- SCHOOLS ‑- INSURANCE POLICIES ‑- COMPETITIVE BIDS School districts may, but are not required to advertise for bids under chapter 224, Laws of 1961 (RCW 28.58.135), when purchasing public liability or fire insurance policies even though the anticipated premiums may exceed $2500.
DISTRICTS - SCHOOLS - FIRST CLASS - BOARD OF DIRECTORS - AUTHORITY TO CONSTRUCT TRANSMITTER FOR EDUCATIONAL TELEVISION
DISTRICTS ‑- SCHOOLS ‑- FIRST CLASS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO CONSTRUCT TRANSMITTER FOR EDUCATIONAL TELEVISION A school district of the first class has the power to apply to the federal communications commission for a license to construct a television transmitter and to construct said transmitter on land within the district for educational purposes.
DISTRICTS - SCHOOLS - SECOND CLASS - BOARD OF DIRECTORS - AUTHORITY TO CLOSE SCHOOL FOR REASONS OF ECONOMY
DISTRICTS ‑- SCHOOLS ‑- SECOND CLASS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO CLOSE SCHOOL FOR REASONS OF ECONOMY The board of directors of a second class consolidated school district has the authority to close one of its grade schools which is economically unfeasible to operate without submitting the matter to a vote of the people.
DISTRICTS - SCHOOLS - FUNDS - PARTICIPATION IN INTERSCHOLASTIC ATHLETIC EVENTS
DISTRICTS ‑- SCHOOLS ‑- FUNDS ‑- PARTICIPATION IN INTERSCHOLASTIC ATHLETIC EVENTS (1) Some form of official action by the board of directors of a school district is required in order to authorize the district to engage in interscholastic athletic events as a part of its over-all educational program for which district funds are expended. (2) Where a school district, at district expense, provides an athletic stadium and the various kinds of uniforms and equipment used in interscholastic athletic competition, and pays coaches' salaries, the district may charge an admission fee for attendance at athletic events by nonstudent school patrons; and it may bind itself contractually to sell reserved seat season tickets to its athletic events for several years in advance, subject to the applicable principles of law concerning the power of public officials to bind their successors in office. (3) When the board of directors of a school district has by appropriate action authorized the expenditure of school district funds for interscholastic athletic activities, and such activities have been paid for in whole or in part out of the district's general operating funds, the directors may not permit the district's student body association to keep and utilize such gate receipts as it derives from these activities without accounting for them or reimbursing the school district funds thus expended. (4) A school district, in lieu of purchasing athletic uniforms and equipment out of its general operating funds in accordance with AGO 1973 No. 22 [[to Elmer W. Stanley, Executive Director, Washington State School Directors' Association on October 30, 1973]], may continue to purchase those items with its student body funds.
DISTRICTS - SCHOOLS - CONSTRUCTION OF SCHOOL BUILDINGS TO PROVIDE RADIOACTIVE PROTECTION FACTOR
DISTRICTS ‑- SCHOOLS ‑- CONSTRUCTION OF SCHOOL BUILDINGS TO PROVIDE RADIOACTIVE PROTECTION FACTOR School buildings may be constructed or remodeled so as to provide a radioactive fallout protection factor.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - DISTRIBUTION OF GIDEON BIBLES ON SCHOOL PREMISES
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- DISTRIBUTION OF GIDEON BIBLES ON SCHOOL PREMISES A Board of directors of a school district may not permit the distribution of Gideon Bibles on school premises by either school employees or representatives of the Gideon Society in view of the prohibition found in the constitution and statutes of this state regarding separation of church and state.
DISTRICTS - SCHOOLS - BACCALAUREATE EXERCISES - CONSTITUTIONAL AND STATUTORY PROHIBITION AGAINST PARTICIPATION
DISTRICTS ‑- SCHOOLS ‑- BACCALAUREATE EXERCISES ‑- CONSTITUTIONAL AND STATUTORY PROHIBITION AGAINST PARTICIPATION A school district in the state of Washington is prohibited by the Washington constitution and applicable state law from participating in any way in the planning, promotion or execution of baccalaureate exercises which are religious in nature.
DISTRICTS - SCHOOLS - APPROPRIATION FOR INCREASES IN TEACHERS' SALARIES - FULL-TIME CERTIFICATED EMPLOYEES - EMERGENCY CERTIFICATES
DISTRICTS ‑- SCHOOLS ‑- APPROPRIATION FOR INCREASES IN TEACHERS' SALARIES ‑- FULL-TIME CERTIFICATED EMPLOYEES ‑- EMERGENCY CERTIFICATES In order to qualify for funds appropriated by the legislature in 1961 to the office of the state superintendent for distribution to public schools, a school district must certify that all full-time certificated employees, including full-time teachers holding emergency certificates, are being paid not less than $4,200 per year.
DISTRICTS - SCHOOLS - BOARDS OF DIRECTORS - PURCHASE OF TAX SHELTERED ANNUITIES FOR CERTIFIED EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- BOARDS OF DIRECTORS ‑- PURCHASE OF TAX SHELTERED ANNUITIES FOR CERTIFIED EMPLOYEES The board of directors of a school district does not have the statutory authority to purchase for certificated employees tax sheltered annuities in lieu of salaries as defined in 26 U.S.C.A. (I.R.C. 1954) § 403 (b) as amended by Public Law 87-370, 75 Stat. 796.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - PURCHASE OF SERVICE OF NONPROFIT CORPORATION - PROGRAMS AND PROCEDURES PERTAINING TO POLICY MAKING
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- PURCHASE OF SERVICE OF NONPROFIT CORPORATION ‑- PROGRAMS AND PROCEDURES PERTAINING TO POLICY MAKING A school district may not legally subscribe to service of a nonprofit corporation for research and information directed toward coordinating programs and procedures pertaining to policy making on the director level since such services are legally available to districts only through the Washington state school directors' association.
DISTRICTS - SCHOOLS - DIRECTOR DISTRICTS - BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER - VACANCY
DISTRICTS ‑- SCHOOLS ‑- DIRECTOR DISTRICTS ‑- BOUNDARIES ‑- VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER ‑- VACANCY In a school district which has been divided into school director districts under RCW 28A.57.050, a school director's voluntary change of his place of residence and voting registration from one director district to another within the school district disqualifies him from continuing to serve for the remainder of the term for which he was elected because of the continuing qualification provisions now contained in RCW 28A.57.318.
DISTRICTS - SCHOOLS - RULES OF PROCEDURE - EVALUATION OF TEACHING MATERIALS BY SCHOOL BOARDS
DISTRICTS ‑- SCHOOLS ‑- RULES OF PROCEDURE ‑- EVALUATION OF TEACHING MATERIALS BY SCHOOL BOARDS (1) Evaluations of teaching materials by a school district in public hearing pursuant to RCW 28A.58.758(2)(f) may be conducted either by the school board or by the administrative staff of a school district. (2) RCW 28A.58.758(2)(f) and RCW 28A.58.103(1)(e) do not provide alternative means for processing complaints registered by parents, guardians or custodians of students with respect to teaching materials deemed by them to be objectionable. (3) Films used for teaching purposes are included within the term "teaching materials" as used in RCW 28A.58.758(2)(f). (4) The legislature has not prescribed any particular rules of procedure to govern the conduct of an evaluation of teaching materials in public hearing pursuant to RCW 28A.58.758(2)(f); instead, each school district board of directors should be viewed as having the power to establish its own rules of procedure within the confines of judicially approved standards.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO PAY EXPENSES OF TEACHER APPLICANTS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO PAY EXPENSES OF TEACHER APPLICANTS The board of directors of a school district does not have the authority to pay the expenses incurred by teacher applicants who come to the district for interviews.
SCHOOLS - ATTENDANCE - NECESSITY FOR ATTENDANCE AT PUBLIC OR APPROVED PRIVATE SCHOOL
SCHOOLS ‑- ATTENDANCE ‑- NECESSITY FOR ATTENDANCE AT PUBLIC OR APPROVED PRIVATE SCHOOL The term "private school," as used in RCW 28A.27.010 requiring attendance by children between prescribed ages at either the public school of the district in which the child resides or a "private school," still denotes an "approved private school" as defined in the last paragraph of the statute‑-notwithstanding the amendment contained in § 4, chapter 201, Laws of 1979, 1st Ex. Sess.
DISTRICTS - SCHOOLS - HEALTH - IMMUNIZATION - CONSTITUTIONALITY OF IMMUNIZATION REQUIREMENT FOR SCHOOL ATTENDANCE
DISTRICTS ‑- SCHOOLS ‑- HEALTH ‑- IMMUNIZATION ‑- CONSTITUTIONALITY OF IMMUNIZATION REQUIREMENT FOR SCHOOL ATTENDANCE Certain proposed legislation now pending before the state legislature (see Senate Bill No. 2241 and House Bill No. 502) to require specified immunizations of school age children as a prerequisite for admission to public or private schools would, if enacted as drafted, be constitutionally valid.
DISTRICTS - SCHOOLS - SECOND CLASS - BOARD OF DIRECTORS - LEASE OF SCHOOL PROPERTY FOR COMMUNITY FALLOUT SHELTER
DISTRICTS ‑- SCHOOLS ‑- SECOND CLASS ‑- BOARD OF DIRECTORS ‑- LEASE OF SCHOOL PROPERTY FOR COMMUNITY FALLOUT SHELTER The board of directors of a second class school district has the authority under certain conditions to lease the basement of a former school building to a community organization for a community fallout shelter.
DISTRICTS - SCHOOLS - INSTALLATION OF SEWER LINE - CONTRACT WITH SEWER DISTRICT
DISTRICTS ‑- SCHOOLS ‑- INSTALLATION OF SEWER LINE ‑- CONTRACT WITH SEWER DISTRICT A school district may contract with a sewer district for the installation of a sewer line under chapter 35.91 RCW.
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - FUNDS - DISTRICTS - SCHOOLS - DISTRIBUTION OF FEDERAL FOREST FUNDS TO JOINT SCHOOL DISTRICTS
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- FUNDS ‑- DISTRICTS ‑- SCHOOLS ‑- DISTRIBUTION OF FEDERAL FOREST FUNDS TO JOINT SCHOOL DISTRICTS A board of county commissioners receiving federal forest funds under RCW 36.33.110 is not authorized or directed by that or any other statute to distribute any portion of those funds to a joint school district belonging to another county but lying partially within the county receiving the funds.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - CONFLICT OF INTEREST - EMPLOYMENT OF DIRECTOR OR SPOUSE AS A TEACHER - CERTIFICATION
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- CONFLICT OF INTEREST ‑- EMPLOYMENT OF DIRECTOR OR SPOUSE AS A TEACHER ‑- CERTIFICATION (1) and (2) Chapter 42.23 RCW and specifically RCW 42.23.020 prohibits the employment of either a school director or his wife for compensation except as specifically provided in the act. (3) A proviso of RCW 42.23.030 allows the employment of a school director or his wife in school districts other than districts of the first class, up to certain maximum amounts, ($200) which amount is measured by the total liability of the district under the contract or contracts at the time they are executed and not by the size of monthly installments into which the contract may be divided for subsequent payment. (4) No individual may be employed by a school district as a teacher, whether on a full-time, part-time, or "substitute" basis, unless such individual has a valid teacher's certificate as required by § 1, Article VII, subchapter 4, chapter 97, Laws of 1909 (cf. RCW 28.67.010).
SCHOOLS - COUNTY BOARD OF EDUCATION - MEMBER - VOLUNTARY CHANGE OF RESIDENCE FROM ONE BOARD-MEMBER DISTRICT TO ANOTHER - VACANCY
SCHOOLS - COUNTY BOARD OF EDUCATION ‑- MEMBER ‑- VOLUNTARY CHANGE OF RESIDENCE FROM ONE BOARD-MEMBER DISTRICT TO ANOTHER ‑- VACANCY (1) A member of a county board of education disqualifies himself from holding that office by changing his residence from the board-member district from which he was elected to another board-member district (and school district) wherein another member of the board resides. (2) Same : Such disqualification of a county board member automatically creates a vacancy in said office.
SCHOOLS - COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION - STATE BOARD OF EDUCATION - NONHIGH PARTICIPATIVE FINANCE PLAN - AMOUNT TO BE RAISED BY NONHIGH DISTRICT IN EXCESS OF BONDING CAPACITY - EXCESS LEVIES
SCHOOLS ‑- COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION ‑- STATE BOARD OF EDUCATION ‑- NONHIGH PARTICIPATIVE FINANCE PLAN ‑- AMOUNT TO BE RAISED BY NONHIGH DISTRICT IN EXCESS OF BONDING... Under chapter 28.56 RCW a county committee on school district organization may propose and the state board may approve a nonhigh participative plan which is equitable notwithstanding the amount of money to be raised by a nonhigh district as its share in the building program may be greater than the amount of money which could be raised by the district solely by the issuance of bonds. Where the bonding capacity is reached, any additional amount required must be raised by an excess levy. RCW 28.56.050.
DISTRICTS - SCHOOLS - TRANSPORTATION - CONTRACTS
COMPETITIVE BIDDING ON SCHOOL DISTRICT TRANSPORTATION CONTRACTS The provisions of RCW 28A.58.135 do not require school districts to go through a competitive bidding process prior to entering into a contract for pupil transportation services under RCW 28A.58.131.
DISTRICTS - SCHOOLS - ATHLETIC PROGRAMS - EQUAL RIGHTS AMENDMENT - CONSTITUTIONALITY OF SEPARATE ATHLETIC TEAMS FOR BOYS AND GIRLS
DISTRICTS ‑- SCHOOLS ‑- ATHLETIC PROGRAMS ‑- EQUAL RIGHTS AMENDMENT ‑- CONSTITUTIONALITY OF SEPARATE ATHLETIC TEAMS FOR BOYS AND GIRLS (1) Under Article XXXI, § 1 (Amendment 61) of the Washington constitution, commonly referred to as the state equal rights amendment, as construed and applied by the Washington supreme court in Darrin v. Gould , 85 Wn.2d 859, 540 P.2d 882 (1975), whenever within a school district in this state only a single public school athletic team or program exists in a given sport, whether it be interscholastic contact football or some other athletic activity, that single team or program must be equally open to participation by qualified members of both sexes. (2) In accordance with RCW 28A.85.020, a school district may maintain separate teams for the members of each sex, but only if (a) it can clearly be shown, under all the factual circumstances involved in the particular case, that the maintenance of separate teams for boys and girls truly constitutes the best method of providing both sexes, as a whole, with an equal opportunity to participate in the sports or games of their choice and (b) at the same time, a test of substantial equality between the two programs can be found to have been met.
DISTRICTS - SCHOOLS - PHYSICAL EDUCATION - WHEN STUDENTS MAY BE EXCUSED
DISTRICTS ‑- SCHOOLS ‑- PHYSICAL EDUCATION ‑- WHEN STUDENTS MAY BE EXCUSED Students in public high schools, colleges and universities may be excused from physical education courses on account of physical disability, or religious belief, or because of participation in directed athletics or military science tactics. Additionally, individual high school students must be excused from physical education courses upon written request of the parent or guardian.
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE WITH PAY FOR CERTAIN SCHOOL EMPLOYEES
ACCUMULATION OF SICK LEAVE AND RETIREMENT CREDIT WHILE ON LEAVE (1) If a school district under RCW 28A.58.100 allows a certified employee to take a leave of absence with pay pursuant to a written policy adopted by its board of directors, the employee may use such leave to perform service as an elected officer of a state or local employee organization or union unless precluded from doing so by the board policy; however, a school district leave policy designed specifically to allow this to be done, whether by agreement with the employee organization or union involved or otherwise, would be of doubtful validity under Article VIII, § 7 of the state constitution. (2) At the discretion of the employing school district, the rate of pay which an employee on nonmandatory leave of absence under RCW 28A.58.100 may receive during the period of such leave may be either the same, lower, or higher than that which the employee would have otherwise received for the performance of employment services if not on leave of absence. (3) A certificated school district employee who serves as an elected officer of a state or local employee organization or union while on a discretionary leave of absence without pay under RCW 28A.58.100(2) will be entitled to such sick leave during the period of his leave of absence as the school board by which he is employed elects to allow under its written leave policy. (4) A certificated school district employee who is on a leave of absence with pay while serving as an elected officer of a state or local employee organization or union and who is listed as employed by his school district is entitled to service credit for the period of such leave for purposes of the state teachers' retirement system.
SCHOOLS - DISTRICTS - EDUCATIONAL SERVICE DISTRICTS - INTERLOCAL COOPERATION ACT - INSURANCE - SHORT-TERM OBLIGATIONS
AUTHORITY OF ENTITY CREATED BY SCHOOL DISTRICTS AND EDUCATIONAL SERVICE ... 1. Chapter 48.52 RCW authorizes school districts and educational service districts to join together to create a risk management pool pursuant to chapter 39.34 RCW, the Interlocal Cooperation Act. The risk management pool thus created may take the form of a separate legal or administrative entity. 2. The Interlocal Cooperation Act does not authorize the exercise of any new substantive powers by the public agencies that enter into interlocal cooperation agreements. Since educational service districts do not have the authority to issue short-term obligations, a separate legal entity created by educational service districts and school districts does not have the authority to issue short-term obligations.
DISTRICTS - SCHOOLS - BOND REDEMPTION FUND - DEPOSIT OF PUBLIC UTILITY DISTRICT PAYMENT - AMOUNT NOT TO BE INCLUDED IN COMPUTING STATE EQUALIZATION FOR CURRENT OPERATIONS
DISTRICTS ‑- SCHOOLS ‑- BOND REDEMPTION FUND ‑- DEPOSIT OF PUBLIC UTILITY DISTRICT PAYMENT ‑- AMOUNT NOT TO BE INCLUDED IN COMPUTING STATE EQUALIZATION FOR CURRENT OPERATIONS (1) The proceeds of the payment a public utility district must make to a school district under RCW 54.28.080 are to be placed in the appropriate bond redemption fund of the school district. (2) Same : The state superintendent of public instruction does not have the authority to consider such payment by a public utility district to a school district as a district asset before determining the district's equalization status under RCW 28.41.080.
SCHOOLS - DISTRICTS - TEACHERS - EARNABLE COMPENSATION - TEACHERS' RETIREMENT SYSTEM - TAX-DEFERRED ANNUITIES - GROUP HOSPITAL AND MEDICAL INSURANCE
SCHOOLS ‑- DISTRICTS ‑- TEACHERS ‑- EARNABLE COMPENSATION ‑- TEACHERS' RETIREMENT SYSTEM ‑- TAX-DEFERRED ANNUITIES ‑- GROUP HOSPITAL AND MEDICAL INSURANCE Payments made by a school district for the purchase of tax-deferred annuities for its employees under § 10, chapter 21, Laws of 1963, Ex. Sess., constitute a form of "earnable compensation" under RCW 41.32.010 both as amended by § 1, chapter 14, Laws of 1963, Ex. Sess., and as presently defined, but payments which may be made by a school district for group hospitalization and medical insurance for its employees under chapter 75, Laws of 1963, do not.
DISTRICTS - SCHOOLS - COMMUNITY COLLEGE - AUTHORITY TO PURCHASE LAND FOR COMMUNITY COLLEGE PURPOSES - CONDEMNATION - ACREAGE LIMITATION
DISTRICTS ‑- SCHOOLS ‑- COMMUNITY COLLEGE ‑- AUTHORITY TO PURCHASE LAND FOR COMMUNITY COLLEGE PURPOSES ‑- CONDEMNATION ‑- ACREAGE LIMITATION (1) Chapter 41, Laws of 1963, which authorizes a school district to condemn and appropriate not more than 75 acres "for any community college or vocational technical school purpose" does not impose any limitation upon the general power of a district to acquire additional acreage by means other than by condemnation. (2) A school district may legally condemn no more than 75 acres of land for the operation of a community college, even though the community college may offer separate vocational and academic programs.
DISTRICTS - SCHOOLS - FUNDS - GENERAL - BUILDING - DISPOSITION OF PROCEEDS OF PRIVILEGE TAX COLLECTED BY PUBLIC UTILITY DISTRICT WHICH ARE DISTRIBUTED TO SCHOOL DISTRICTS - COMPUTATION OF EQUALIZATION STATUS
DISTRICTS ‑- SCHOOLS ‑- FUNDS ‑- GENERAL ‑- BUILDING ‑- DISPOSITION OF PROCEEDS OF PRIVILEGE TAX COLLECTED BY PUBLIC UTILITY DISTRICT WHICH ARE DISTRIBUTED TO SCHOOL DISTRICTS ‑- COMPUTATION OF EQUALI (1) The sums deposited to the credit of a school district under the authority of RCW 54.28.090 may become a part of the school district's general fund, building fund, or both. (2) Payments received by school districts under RCW 54.28.090 may only be considered receipts for the purpose of RCW 28.41.080 if they are in fact deposited in the school district's general fund.
OFFICES AND OFFICERS - STATE - COMMISSION FOR VOCATIONAL EDUCATION - DISTRICTS - SCHOOLS - ESTABLISHMENT OF SERVICE AREAS FOR VOCATIONAL - TECHNICAL INSTITUTES
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSION FOR VOCATIONAL EDUCATION ‑- DISTRICTS ‑- SCHOOLS ‑- ESTABLISHMENT OF SERVICE AREAS FOR VOCATIONAL ‑- TECHNICAL INSTITUTES (1) In the absence of authorization by the commission for vocational education under chapter 174, Laws of 1975, 1st Ex. Sess. (chapter 28C.04 RCW), a school district which has a vocational-technical institute may not offer and conduct any of the vocational training programs of that institute at locations which are physically situated outside of the geographic boundaries of the school district. (2) The commission for vocational education, in defining a "service area" for a common school vocational-technical institute in accordance with RCW 28C.04.020(6), may include therein certain geographic areas not physically situated within the boundaries of the school district involved and, by so doing, empower that district to establish, maintain and operate vocational training programs at locations outside of the district's boundaries but within the service area thus defined. (3) The commission for vocational education, in establishing service areas for vocational-technical institutes under RCW 28C.04.020(6), is not required at the time of doing so to consider and apply the criteria specified in RCW 28C.04.040(2) for the adjudication of disputes between secondary and postsecondary education systems.
DISTRICTS - SCHOOLS - ELECTION - APPOINTMENT OF ELECTION OFFICIALS
DISTRICTS ‑- SCHOOLS ‑- ELECTION ‑- APPOINTMENT OF ELECTION OFFICIALS All elections which a school district is authorized by law to hold, except recall elections in class A and AA counties are to be conducted by election officials appointed by the county auditor pursuant to RCW 29.45.010 and RCW 29.45.030.
DISTRICTS - SCHOOLS - SICK LEAVE FOR CERTIFICATED AND NONCERTIFICATED EMPLOYEES - WHEN LEAVE MAY BE TAKEN
DISTRICTS ‑- SCHOOLS ‑- SICK LEAVE FOR CERTIFICATED AND NONCERTIFICATED EMPLOYEES ‑- WHEN LEAVE MAY BE TAKEN. (1) The phrase "contract of employment" as used in subsection 15 of RCW 28.58.100 must be construed to include all contracts of employment whether written or oral in respect to the employment of noncertificated employees. (2) A full-time noncertificated employee under contract for a full year is entitled to ten days' sick leave at the beginning of the year, subject to rules and regulations of the board as to the manner of proof of illness or injury.
DISTRICTS - SCHOOLS - STUDENTS - SPORTS - PHYSICAL EXAMINATIONS FOR STUDENTS PARTICIPATING IN INTERSCHOLASTIC ATHLETICS
DISTRICTS ‑- SCHOOLS ‑- STUDENTS ‑- SPORTS ‑- PHYSICAL EXAMINATIONS FOR STUDENTS PARTICIPATING IN INTERSCHOLASTIC ATHLETICS A school district may require all students desiring to participate in interscholastic athletic activities to undergo, and pass, a physical examination conducted by a qualified medical practitioner, either at school district expense or at the expense of the students involved and/or their parents, before being allowed to compete.
DISTRICTS - SCHOOLS - CHURCHES - RELIGION - CONSTITUTIONALITY OF MANDATORY MINUTE OF SILENCE FOR MEDITATION OR PRAYER
DISTRICTS ‑- SCHOOLS ‑- CHURCHES ‑- RELIGION ‑- CONSTITUTIONALITY OF MANDATORY MINUTE OF SILENCE FOR MEDITATION OR PRAYER Legislation providing for a mandatory minute of silence at the commencement of each school day in the public schools of our state, to be observed for meditation or prayer at the discretion of the students involved, would, if enacted by the state legislature, be constitutionally defensible.
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - CONTRACTS - NONRENEWAL OF CONTRACTS OF PROVISIONAL SCHOOL EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEES ‑- CONTRACTS ‑- NONRENEWAL OF CONTRACTS OF PROVISIONAL SCHOOL EMPLOYEES (1) A person newly employed by a school district in a teaching or other supervisory certificated position remains a "provisional employee," within the meaning of RCW 28A.67.072, for a twelve‑month (or 365 day) period commencing on the date of his employment and ending one year later. (2) The procedures for contract renewal which are provided for under RCW 28A.67.072 in the case of provisional school district employees may only be utilized if notice of nonrenewal is given by not later than the May 15th date which falls within the term of an individual's first year of employment as above defined.
DISTRICTS - SCHOOLS - FUNDS
INTERFUND TRANSFERS OF FEDERAL FOREST FUNDS BY SCHOOL DISTRICTS The provisions of RCW 43.09.210 do not prohibit a school district from transferring to its general operating fund certain federal forest funds initially placed in the district's capital projects fund by the school board but not appropriated by the board for a capital projects purpose.
DISTRICTS - SCHOOLS - FEES - CHILDREN
CHILDREN Schools are not authorized to charge fees for the administration of pre‑admission tests for early entrance of children into kindergarten or first grade classes.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO RENT OR LEASE PROPERTY NOT PRESENTLY REQUIRED FOR SCHOOL PURPOSES
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO RENT OR LEASE PROPERTY NOT PRESENTLY REQUIRED FOR SCHOOL PURPOSES Neither RCW 28.58.100 (5) nor RCW 28.58.050 (now RCW 28.58.048) prevents a school district from leasing to a private individual an old house situated on school property where such property is not presently required for school purposes.
DISTRICTS - SCHOOLS - TAXATION - EXCESS LEVIES - SALARY INCREASES FOR SCHOOL DISTRICT EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- TAXATION ‑- EXCESS LEVIES ‑- SALARY INCREASES FOR SCHOOL DISTRICT EMPLOYEES (1) The restrictions upon the use of excess property tax levy revenues for salary increase purposes imposed by § 4(3) of chapter 325, Laws of 1977, 1st Ex. Sess. (the "levy lid act") also apply to revenues from levies authorized prior to the effective date of the act which either (a) have not yet been collected or (b) have been collected but were not yet disbursed or obligated for salary increase purposes, as of the effective date of the act. (2) School districts may use other funds appropriated by §§ 96 through 109 of Chapter 339, Laws of 1977, 1st Ex. Sess. (the 1977-79 biennial appropriations act), or any non-state appropriated funds (such as receipts from the one percent tax on real estate transactions) which are legally available for the payment of salaries, to increase salaries of certificated or classified employees beyond the increases specifically funded by subsection (1) of § 96 of Chapter 339, supra .
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - CONTRACTS - PROBATIONARY PERIOD FOR PROVISIONAL SCHOOL EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEES ‑- CONTRACTS ‑- PROBATIONARY PERIOD FOR PROVISIONAL SCHOOL EMPLOYEES The completion of a probationary period under RCW 28A.67.065 is not a pre‑condition to the nonrenewal of a provisional school district employee during his or her first year of employment under RCW 28A.67.072.
SCHOOLS - DISTRICTS - SCHOOL PROPERTY - SCHOOL FUNDS - CHILDREN - HEALTH - DONATIONS
Authority of school district to purchase real estate to eliminate a potential health risk to students 1. A school district has the authority to purchase real estate not needed for immediate or future school purposes in order to eliminate a potential health risk and liability stemming from the property. 2. In purchasing the property a district cannot pay more than the fair market value of the property, unless the district is receiving additional consideration, e.g., seller will provide something in addition to the title to the property such as demolishing structures on the property. 3. A district may accept donations designated to pay the difference between the appraisal price of the property and the selling price.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - HOSPITALIZATION AND MEDICAL INSURANCE FOR EMPLOYEES - AUTHORITY LIMITED TO GROUP POLICIES
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- HOSPITALIZATION AND MEDICAL INSURANCE FOR EMPLOYEES ‑- AUTHORITY LIMITED TO GROUP POLICIES RCW 41.04.180 authorizes a school district to contract for and make premium payments (either up to 50% or $5.00, whichever is less) toward the purchase of group disability insurance for its employees, but such authority does not authorize it to make payments under a "franchise plan."
DISTRICTS - SCHOOLS - CHILD CARE PROGRAMS
AUTHORITY OF SCHOOL DISTRICTS TO PROVIDE CHILD CARE SERVICES School districts have the authority to provide programs that offer care for children, including children not enrolled as students of the school district. The facilities of the school district may be used to provide these programs. School district funds may be used for the operation of the child care programs and for the construction or remodeling of facilities to house such programs. School districts may not contract with private or other public agencies to provide child care services, either in district facilities or elsewhere, without express statutory authority. The school districts are authorized to charge fees for child care services but, if they charge fees, they may not waive some or all of the fees otherwise chargeable based upon such factors as the income of the parents. The districts are not authorized to furnish transportation to children in child care programs established by the district unless authorized by a specific statute.
DISTRICTS - SCHOOLS - SHARED-TIME PROGRAM - PART-TIME ATTENDANCE OF STUDENTS IN THE PUBLIC SCHOOLS WHO ARE ALSO ENROLLED IN A PRIVATE OR PAROCHIAL SCHOOL - AUTHORITY OF BOARD OF DIRECTORS - ATTENDANCE CREDIT
DISTRICTS ‑- SCHOOLS ‑- SHARED-TIME PROGRAM ‑- PART-TIME ATTENDANCE OF STUDENTS IN THE PUBLIC SCHOOLS WHO ARE ALSO ENROLLED IN A PRIVATE OR PAROCHIAL SCHOOL ‑- AUTHORITY OF BOARD OF DIRECTORS ‑- ATTEN (1) The board of directors of a school district has the authority but is not required to permit students enrolled in a private or parochial school to attend the schools of the district on a part-time basis; however, in determining the constitutionality of a particular shared-time program, each case must be determined by its own facts. See, Perry v. School Dist. No. 81 , 54 Wn. (2d) 886, 344 P. (2d) 1036 (1959). (2) The district may not claim or use such attendance in computing its average daily attendance pursuant to chapter 28.41 RCW, unless such student attends for a school day as defined by RCW 28.01.010.
DISTRICTS - SCHOOLS - PROPERTY - LEASE OF SURPLUS SCHOOL DISTRICT PROPERTY
DISTRICTS ‑- SCHOOLS ‑- PROPERTY ‑- LEASE OF SURPLUS SCHOOL DISTRICT PROPERTY (1) Subject to the qualifications stated below, a school district may lease its surplus facilities, under RCW 28A.58.040, to private schools, profit or nonprofit organizations or other governmental agencies so long as the leasing thereof will not interfere with the building's use for school purposes and the tenancy to be granted will not place the facility beyond the control of the district in the event it again becomes necessary for school purposes. (2) In all such cases some rental, either in money or something of equivalent value, must be paid; and with the exception of a rental to another governmental agency, that rent must be such as will (a) fully compensate the school district for its costs and expenses and (b) encompass the fair rental market value of the rented premises. (3) If the lease is either to a church-related school or to a private group for the conduct of religious worship or instruction, the property being rented must be sufficiently remote from other property being retained for school purposes to avoid the appearance of an endorsement of the religious activities of the lessee and also prevent any sectarian influence of the remaining public school operations. In addition, a procedure, preferably involving competitive bidding, must be utilized in the formation of the lease which will assure that all prospective tenants, religious or otherwise, have an equal opportunity to rent the property.
STATE BOARD OF EDUCATION - SCHOOLS - STUDENTS - TEACHERS - PUNISHMENT - CHILD ABUSE
Ability of the State Board of Education to Prohibit Corporal Punishment in the Public Schools 1. RCW 28A.305.130(8) empowers the State Board of Education to adopt rules to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools. RCW 28A.305.130(8) does not authorize the State Board to adopt a rule prohibiting corporal punishment in the public schools. 2. RCW 28A.305.160 empowers the State Board of Education to adopt rules prescribing the substantive and procedural due process guarantees of pupils in the common schools. RCW 28A.305.160 does not authorize the State Board to adopt a rule prohibiting corporal punishment in the public schools. RCW 28A.305.160 does empower the State Board to adopt rules to ensure that corporal punishment is reasonable and moderate.
DISTRICTS - SCHOOLS - CONTRACTS - GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES - AUTHORITY - NUMBER OF CONTRACTS - DESIGNATION OF SPECIFIC EMPLOYEES TO BE COVERED BY PARTICULAR POLICY
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES ‑- AUTHORITY ‑- NUMBER OF CONTRACTS ‑- DESIGNATION OF SPECIFIC EMPLOYEES TO BE COVERED BY... (1) A school district pursuant to chapter 75, Laws of 1963 (RCW 41.04.180-41.04.190), may contract with more than one insurance carrier or health service contractor and allow each employee to choose the plan he or she desires, as long as each plan meets all of the requirements of chapter 75, Laws of 1963. (2) A school district pursuant to chapter 75, Laws of 1963, may designate specific categories of its employees to be covered by a group policy or contract to the exclusion of other categories of employees. (3) A school district which has designated specific categories of employees to be covered by a group policy or contract to the exclusion of other categories of employees is not required to make provision for like benefits for such excluded categories of employees by entering into similar contracts for such employees if the categories established by the district are not arbitrary, capricious or invidiously discriminatory. (4) If existing employees' term contracts do not provide in any manner for such insurance, the school district may not provide such benefits during the term of such contracts since under RCW 41.04.190 such benefits constitute additional compensation and under Article II, § 25, Amendment 35, extra compensation may not be granted to any employee after the contract of employment has been entered into.
DISTRICTS - SCHOOLS - SECOND CLASS - CONSTRUCTION OF SCHOOL - EXPENDITURE OF FUNDS RECEIVED UNDER P.L. 815 OR CHAPTER 54.36 RCW
DISTRICTS ‑- SCHOOLS ‑- SECOND CLASS ‑- CONSTRUCTION OF SCHOOL ‑- EXPENDITURE OF FUNDS RECEIVED UNDER P.L. 815 OR CHAPTER 54.36 RCW The voters in a second class school district must authorize the construction of any school but need not approve the financing thereof where the cost is to be paid from funds received under Public Law 815 or chapter 54.36 RCW.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - FIRST CLASS DISTRICT - SUPERINTENDENT MAY SERVE AS SECRETARY OF BOARD
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- FIRST CLASS DISTRICT ‑- SUPERINTENDENT MAY SERVE AS SECRETARY OF BOARD The board of directors of a first class school district may elect as its secretary under RCW 28.62.030 the same individual employed under RCW 28.62.180 (1) as superintendent of schools.
DISTRICTS - SCHOOLS - CONTRACT - INSURANCE - FIRE, THEFT AND LIABILITY
DISTRICTS ‑- SCHOOLS ‑- CONTRACT ‑- INSURANCE ‑- FIRE, THEFT AND LIABILITY A school district, through its board of directors, may legally contract for fire, theft and liability insurance covering a period of years, the premiums of which are payable in annual installments over the life of the contract.
DISTRICTS - SCHOOLS - NONCERTIFICATED EMPLOYEES - STATE RETIREMENT SYSTEM - RETROACTIVE EMPLOYERS' CONTRIBUTIONS FOR PRIOR SERVICE
DISTRICTS ‑- SCHOOLS ‑- NONCERTIFICATED EMPLOYEES ‑- STATE RETIREMENT SYSTEM ‑- RETROACTIVE EMPLOYERS' CONTRIBUTIONS FOR PRIOR SERVICE School districts coming into the state employees' retirement system under the provisions of § 1, chapter 84, Laws of 1965 (RCW 41.40.410), will be required to make an employers' contribution to the retirement system fund for past services rendered by their eligible noncertificated employees since April 1, 1949. However, this financial obligation may be spread over a fifteen-year period from the date of the employers' admission to the retirement system.
DISTRICTS - SCHOOLS - CERTIFICATED AND NONCERTIFICATED EMPLOYEES - SALARY - STATE APPROPRIATION FOR INCREASES
DISTRICTS - SCHOOLS ‑- CERTIFICATED AND NONCERTIFICATED EMPLOYEES ‑- SALARY ‑- STATE APPROPRIATION FOR INCREASES (1) School districts are required to grant salary increases in the percentages specified in § 1, chapter 169, Laws of 1965, Ex. Sess., "subject to the availability of funds for all district functions." (2) Same: The prescribed percentage increases are to be determined on the basis of the average salary in the individual districts. (3) Same: The percentage increase need not be granted to each employee of the district but the "average" salary increase must be in the percentage specified "subject to the availability of funds for all district functions." (4) The basis for computing the percentage increase for the 1966-67 school year is the average salary paid in the district in the 1964-65 school year.
DISTRICTS - SCHOOLS - CONTRACTS - SUPPLIES AND MATERIALS - UTILIZATION OF JOINT PURCHASING AGENCY FOR THE ACQUISITION OF SCHOOL SUPPLIES AND MATERIALS
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- SUPPLIES AND MATERIALS ‑- UTILIZATION OF JOINT PURCHASING AGENCY FOR THE ACQUISITION OF SCHOOL SUPPLIES AND MATERIALS (1) Where the boards of directors of two or more public school districts have formed a joint purchasing agency, as authorized by RCW 28A.58.107(3), and that joint purchasing agency itself complies with the bidding requirements of RCW 28A.58.135 in so doing, the agency may then acquire and maintain an inventory of supplies from which the participating school districts may draw without also individually calling for bids as provided for in RCW 28A.58.135. (2) A joint purchasing agency formed pursuant to RCW 28A.58.107(3) may also act as a purchasing agent for private schools within its general geographic area. (3) Although a public school district may, alternatively, use the services of a purchasing agent which was not created pursuant to RCW 28A.58.107(3) to acquire supplies and materials, in that event either the district or its agent must comply with the bidding requirements of RCW 28A.58.135.
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEE - EMPLOYEE ORGANIZATION - REPRESENTATION
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEE ‑- EMPLOYEE ORGANIZATION ‑- REPRESENTATION (1) The employee organization which receives a majority vote of the certificated employees in a representation election under § 3, chapter 143, Laws of 1965, is the only employee organization having the right to represent the certificated employees before the board of directors of the district. (2) Same: Separate employee organizations may not obtain the right under § 3, chapter 143, Laws of 1965, to represent various classes of certificated employees of a school district. (3) Same: Separate employee organizations may not obtain entitled to represent the certificated employees of a school district under § 3, chapter 143, Laws of 1965, the organization must have a membership open to all classes of certificated employees of a school district with the exception of the chief administrative officer of the district.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - FEDERAL MIGRANT DAY CARE AND EDUCATION PROGRAM - CONSULTANT - EMPLOYMENT OF SCHOOL DIRECTORS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- FEDERAL MIGRANT DAY CARE AND EDUCATION PROGRAM ‑- CONSULTANT ‑- EMPLOYMENT OF SCHOOL DIRECTORS A member of the board of directors of a school district may be employed as a consultant in a federal migrant day care and education program conducted in his district where the position of "consultant" is under the exclusive control of an independent advisory committee over which the local school board exercises no control either as to employment, removal, or compensation.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - VOLUNTARY STUDENT TRANSFER POLICY TO ALLEVIATE EXISTING RACIAL IMBALANCE - CONSTITUTIONALITY OF POLICY - STATE REIMBURSEMENT FOR TRANSPORTATION OF STUDENTS
DISTRICTS - SCHOOLS ‑- BOARD OF DIRECTORS ‑- VOLUNTARY STUDENT TRANSFER POLICY TO ALLEVIATE EXISTING RACIAL IMBALANCE ‑- CONSTITUTIONALITY OF POLICY ‑- STATE REIMBURSEMENT FOR TRANSPORTATION OF… (1) The voluntary student transfer program which has been initiated by the Seattle School District No. 1 to alleviate existing racial imbalance in certain of its school facilities is constitutionally defensible. (2) Same : A school district operating a voluntary student transfer program designed to alleviate existing racial imbalance in certain of its school facilities may obtain reimbursement from the state in accordance with state law for costs incurred in providing transportation to transfer students upon approval by the state superintendent of public instruction of the particular transportation plan even though it does not provide similar transportation to its general student population.
SCHOOLS - SCHOOL EMPLOYEES - SALARY AND BENEFITS - HEALTH CARE AUTHORITY - RETIRED PUBLIC EMPLOYEES - COLLECTIVE BARGAINING
Relation of subsidy paid under RCW 28A.400.400 to reduce health insurance premiums for retired employees to salary and compensation limitations imposed by RCW 28A.400.200 1. The Legislature has authorized, but has not required, that the payments to be made to the Health Care Authority under RCW 28A.400.400 to reduce health insurance premiums for retired school employees be made from certain funds appropriated in the budget for insurance benefits for current school employees. 2. Money paid to the Health Care Authority for health care benefits for retired school employees should be disregarded in calculating the amounts paid by a school district for salary and benefits for current employees for purposes of applying the compensation limitations established pursuant to RCW 28A.400.200. 3. A school district has discretion to make the payments to the Health Care Authority required by RCW 28A.400.400 out of the appropriation for employee insurance benefits, or out of other funds; therefore, the exercise of that discretion affects the wages and working conditions of current employees and is a lawful subject for collective bargaining between the employees and the district.
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - SPECIAL EXCESS TAX LEVY - AUTHORITY OF DIRECTOR TO REDUCE OR RESCIND AFTER APPROVAL BY VOTERS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- SPECIAL EXCESS TAX LEVY ‑- AUTHORITY OF DIRECTOR TO REDUCE OR RESCIND AFTER APPROVAL BY VOTERS Where the board of directors of a school district determines that the purposes for which a special excess tax levy was passed by the people are unattainable or that only one of the objectives for which the levy was passed is attainable, the board may by a properly adopted resolution, presented to the board of county commissioners, reduce or rescind the levy.
AIDS - EDUCATION - HEALTH - SCHOOLS - SUPERINTENDENT OF PUBLIC INSTRUCTION
AIDS ‑- EDUCATION ‑- HEALTH ‑- SCHOOLS ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION 1. RCW 28A.05.055 requires school districts to provide education on acquired immunodeficiency syndrome (AIDS) at least once during each school year beginning with the 1988-89 school year.2. If a school district elects to develop its own AIDS curricula, it need not complete the curricula prior to the beginning of the school year, so long as it is developed in time to provide AIDS education at least once during the school year.
DISTRICTS - SCHOOLS - STATE FINANCIAL SUPPORT - ACCELERATION OF APPORTIONABLE FUNDS - CONDITIONS - EMERGENCY - AUTHORITY OF STATE SUPERINTENDENT
DISTRICTS ‑- SCHOOLS ‑- STATE FINANCIAL SUPPORT ‑- ACCELERATION OF APPORTIONABLE FUNDS ‑- CONDITIONS ‑- EMERGENCY ‑- AUTHORITY OF STATE SUPERINTENDENT Under § 1, chapter 162, Laws of 1965, Ex. Sess., the legislature has vested the state superintendent of public instruction with the discretionary authority to accelerate, upon petition of a school district, the distribution to it of appropriated state funds not to exceed five percent of the total amount to become due and apportionable to the petitioning district during its fiscal year, if he finds: (1) The emergency situation described in the petition of the district warrants such an advance distribution; and (2) funds are available with which to make the advance distribution.
SCHOOLS - DISTRICTS - STUDENTS - RELIGION - USE OF SCHOOL DISTRICTS' FACILITIES BY STUDENT GROUPS FOR RELIGIOUS PURPOSES
SCHOOLS - DISTRICTS - STUDENTS - RELIGION - USE OF SCHOOL DISTRICTS' FACILITIES BY STUDENT GROUPS FOR RELIGIOUS PURPOSES 1. The state constitution does not prohibit schools from adopting a "limited open forum" policy for student organizations making use of school districts' facilities, even where federal law requires that equal access be granted to student groups for religious purposes, so long as it is clear that the school district maintains a neutral position on religious matters. 2. A school district may recognize student groups engaged in religious activity and grant such groups access to school time and space on the same basis offered to other student organizations, so long as the district grants equal access to all points of view and neither endorses nor opposes the activities of any particular group.
DISTRICTS - SCHOOLS - BUILDINGS - CONDITIONAL USE PERMITS - BUILDING PERMITS - FEES - REQUIREMENTS FOR STATE FINANCIAL ASSISTANCE
DISTRICTS ‑- SCHOOLS ‑- BUILDINGS ‑- CONDITIONAL USE PERMITS ‑- BUILDING PERMITS ‑- FEES ‑- REQUIREMENTS FOR STATE FINANCIAL ASSISTANCE 1. A school district does not have to obtain a conditional use permit in order to construct a school building on a particular site in an unincorporated area of a county which has adopted the provisions of the planning enabling act (chapter 36.70 RCW) except where the district desires to qualify for state financial assistance in construction of said building. 2. A school district does not have to obtain a building permit in order to construct a school building on a particular site in an unincorporated area of a county except where the district desires to qualify for state financial assistance in construction of said building. 3. When a school district for any reason applies to the county for a conditional use permit or a building permit it must pay the fees otherwise chargeable to other applicants.
DISTRICTS - SCHOOLS - NONCERTIFICATED EMPLOYEES - UNEMPLOYMENT COMPENSATION - HEALTH REGULATIONS - SICK LEAVE BENEFITS - PART-TIME EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- NONCERTIFICATED EMPLOYEES ‑- UNEMPLOYMENT COMPENSATION ‑- HEALTH REGULATIONS ‑- SICK LEAVE BENEFITS ‑- PART-TIME EMPLOYEES (1) A part-time employee of a school district for the purposes of sick leave benefits provided by RCW 28.58.100 (15) (b) is one who is not under contract with the district for a full year. AGO 63-64 No. 98. (2) The provisions of WAC 248-100-170 do not apply to employees of an independent contractor employed by a school district. However, the board of directors, in the exercise of its discretion, may make compliance with the health regulations a condition precedent to the execution of a contract. (3) A school district is expressly authorized by RCW 50.04.200 to make payments to the unemployment compensation fund, the same as employers otherwise covered by the act. (4) School employees hired subsequent to the effective date of the 1963 amendment to RCW 28.58.100 (15) are entitled as a matter of right to the minimum benefits set forth in subsections (a) through (h) of RCW 28.58.100. If these benefits were not granted to such school employees a claim may be made therefor.
COLLEGES AND UNIVERSITIES - SCHOOLS - TEACHERS - CHURCHES - RELIGION - PLACING STUDENT TEACHERS FROM PUBLIC COLLEGES IN RELIGIOUS SCHOOLS
COLLEGES AND UNIVERSITIES - SCHOOLS - TEACHERS - CHURCHES - RELIGION - PLACING STUDENT TEACHERS FROM PUBLIC COLLEGES IN RELIGIOUS SCHOOLS It would violate the state and federal constitutions to place students at state-funded colleges and universities and student teachers in "pervasively religious" elementary or secondary schools, as defined in case law; whether a particular school is "pervasively religious" must be analyzed on a case-by-case basis.
DISTRICTS - SCHOOLS - EXPENDITURE OF PUBLIC FUNDS - PUBLICATION - INFORMATIONAL BULLETINS FOR DISTRIBUTION TO GENERAL PUBLIC - DISTRIBUTION TO PARENTS OF CHILDREN ATTENDING SCHOOLS ONLY
DISTRICTS ‑- SCHOOLS ‑- EXPENDITURE OF PUBLIC FUNDS ‑- PUBLICATION ‑- INFORMATIONAL BULLETINS FOR DISTRIBUTION TO GENERAL PUBLIC ‑- DISTRIBUTION TO PARENTS OF CHILDREN ATTENDING SCHOOLS ONLY (1) A school district has not been authorized by the legislature either expressly or by implication to expend district funds or utilize its school facilities or employees for printing and mailing a bulletin, the purpose of which is to influence a favorable result in a school election. (2) A school district does not have express or implied statutory authority to expend its funds or utilize its facilities or employees for printing and mailing a bulletin, the purpose of which is to provide general information to the inhabitants of the district or the general public (and not merely the students and/or parents) about the district's public schools and school programs. However, the district may by letter, mimeographed or printed bulletin publish and disseminate such information of a general or special interest to students and to parents of children attending or about to attend school in the district (as distinguished from a publication designed to influence a particular vote at an election).
DISTRICTS - SCHOOLS - BOUNDARIES - EFFECT OF CITY EXTENDING ITS CORPORATE LIMITS - COUNTY COMMITTEE ON SCHOOL ORGANIZATION - RIGHTS OF SCHOOL DISTRICT RESIDENTS IN AREA ANNEXED TO FIRST CLASS CITY
DISTRICTS - SCHOOLS ‑- BOUNDARIES ‑- EFFECT OF CITY EXTENDING ITS CORPORATE LIMITS ‑- COUNTY COMMITTEE ON SCHOOL ORGANIZATION ‑- RIGHTS OF SCHOOL DISTRICT RESIDENTS IN AREA ANNEXED TO FIRST CLASS CIT (1) When a city of the first class which is presently contained within a single first class school district extends its territorial boundaries by annexing unincorporated territory outside its corporate limits‑-which territory is part of a second class school district operating elementary schools on several sites, a junior high school and a senior high school‑-it is not mandatory, under RCW 28.57.150, that the territory of the second class district be annexed to the city school district. (2) Same : Under the facts set forth in (1), the county committee on school district organization may not, in the exercise of its discretion under RCW 28.57.150, annex the territory to the school district containing the city‑-such discretion having been removed by amendment during the 1965 legislature. See, § 1, chapter 108, Laws of 1965, Ex. Sess. (3) Same : Under the facts set forth in (1), the residents of the territory annexed to the first class city may not require the territory to be annexed to the school district containing the city.
DISTRICTS - SCHOOLS - FEES - TUITION - SUPPLIES
AUTHORITY OF SCHOOL DISTRICT TO CHARGE TUITION FEES OR TEXTBOOK FEES (1) A school district may not charge either a general tuition fee, or a special tuition fee for certain courses, for attendance at its elementary or secondary schools except as permitted by RCW 28.58.240, in the case of students who are not residents of the district.(2) Any class of school district may provide free textbooks and supplies to its students; a first class school district must do so when directed by the electors under RCW 28.62.180 (10); where a district does not provide free textbooks and supplies, it may require that these materials be purchased by, or for, the students at bookstores or other commercial retail outlets; however, the district cannot require students to purchase textbooks and materials from the district.(3) A school district which loans free textbooks and supplies to its students may charge a reasonable deposit fee to cover possible damage.
DISTRICTS - SCHOOLS - CONTRACTS - EXECUTION OF A CONDITIONAL SALES CONTRACT WITHOUT APPROVAL OF VOTERS
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- EXECUTION OF A CONDITIONAL SALES CONTRACT WITHOUT APPROVAL OF VOTERS A school district may enter into a conditional sales contract, pursuant to chapter 62, Laws of 1965 (RCW 28.58.550), without approval of the voters of the district so long as the contract price, added to existing debt within that class of debt which, under Article VIII, § 6, and RCW 39.36.020, may be incurred without voter approval does not exceed one and one‑half percent of the assessed value of the taxable property in the district.
SUPERINTENDENT OF PUBLIC INSTRUCTION - CREDIT FOR IN-SERVICE TRAINING - CERTIFICATED EMPLOYEES - SCHOOLS - RULES AND REGULATIONS
SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- RULES AND REGULATIONS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEES ‑- CREDIT FOR IN-SERVICE TRAINING WAC 392-121-260(3)(c) as adopted by the Superintendent of Public Instruction is invalid as inconsistent with state statute to the extent that it purports to allow permanent credit for in-service training in a manner inconsistent with the state‑wide salary allocation schedule adopted by the Legislature for common-school certificated employees.
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE (1) Under the provisions of RCW 28.58.100 (15), a school district employee does not accumulate sick leave while on a sabbatical leave or a leave of absence unless the particular school district has made provision to the contrary in its regulation governing sick leave. (2a) When a school district employee is granted a sabbatical leave or a leave of absence, he retains such sick leave benefits as he had accumulated prior to his departure so long as he returns to the district at the end of the period of his authorized leave. (2b) When a school district employee severs his employment relationship, as through retirement or separation, he has no right to be recredited with sick leave accumulated prior to his retirement or separation unless the school district has adopted a rule or regulation providing for such recrediting. (3) When a school district employee, upon completion of an authorized period on sabbatical leave or leave of absence, transfers employment from the school district which granted him the leave to another school district within the state, he retains the same accumulated sick leave benefits that he had in his previous position to the extent provided for in RCW 28.67.076; however, where a school district employee has retired or otherwise separated from employment with one school district and at some later time enters the employment of another school district, under circumstances which cannot be characterized as a transfer of employment from one school district to another, he does not retain the sick leave benefits which he had accumulated in his previous position.
DISTRICTS - SCHOOLS - 1967 APPROPRIATION FOR SCHOOL EMPLOYEE SALARY IMPROVEMENTS
DISTRICTS - SCHOOLS - 1967 APPROPRIATION FOR SCHOOL EMPLOYEE SALARY IMPROVEMENTS (1) The salary improvements contemplated by the appropriation contained in chapter 143, Laws of 1967, Ex. Sess., for salary improvements for school district employees are not to be limited to only those personnel employed by a school district in 1966-67 who return to the same district for the 196768 school year. (2) The phrase "average level for 1966-67," as used in the appropriation act, refers to the average level for each school district and not to the state wide [[statewide]] average salary level. (3) In determining the average salary level for 1966-67 for a given school district, for purposes of providing salary improvements in accordance with the appropriation act, the district may, but is not required to, calculate separate averages for various classes or categories of school employees. (4) Both the seven percent factor and the five percent factor contained in the appropriation act are to be applied against the "average level for 1966-67." (5) Where a school district provides an average salary improvement of more than seven percent during 1967-68, it need not add an additional five percent for 1968-69, so long as the average level for 1968-69 is at least twelve percent in excess of the 1966-67 average. (6) All that is contemplated by the appropriation act is that school districts shall provide salary improvements for all district personnel in average amounts of seven percent in 1967-68, and an additional five percent in 1968-69, over the average level for 1966-67 (exclusive of adjustments made pursuant to chapter 4, Laws of 1967); therefore, ordinary annual increment raises provided by a given district remain an appropriate subject for local negotiation and may or may not be granted in addition to the salary improvements funded by the appropriation.
DISTRICTS - SCHOOLS - EFFECT OF 1967 COMMUNITY COLLEGE ACT ON EXISTING BONDED INDEBTEDNESS AND BONDING CAPACITY
DISTRICTS - SCHOOLS - EFFECT OF 1967 COMMUNITY COLLEGE ACT ON EXISTING BONDED INDEBTEDNESS AND BONDING CAPACITY (1) Pursuant to § 74, chapter 8, Laws of 1967, Ex. Sess., a common school district previously operating a community college is presently authorized to issue bonds previously authorized by the electorate for common school (k-12) purposes provided (1) the total indebtedness of the district excluding any bonded indebtedness incurred for community college purposes will not exceed 10% of the assessed valuation of the taxable property in the district; and (2) the total indebtedness of the district including any bonded indebtedness incurred for community college purposes will not exceed the constitutional debt limit of the district. Article VIII, § 6, Amendment 27. (2) In the absence of the availability of other funds with which to discharge general obligation bonds issued by a common school district for community college purposes prior to the effective date of the community college act of 1967 (chapter 8, Laws of 1967, Ex. Sess.), a common school district which issued such bonds is expressly required under § 60 of the act to continue levying and collecting taxes to retire the bonds in accordance with the terms and conditions stated therein.
DISTRICTS - SCHOOLS - CONTRACT - INSURANCE - FIRE AND EXTENDED COVERAGE
DISTRICTS - SCHOOLS - CONTRACT - INSURANCE - FIRE AND EXTENDED COVERAGE When a school district purchases fire and extended coverage insurance protection for the property of the district under a three year contract which it may cancel at any time, and consequently recover any unearned portion of the premium, it may pay the full premium due in accordance with the contract at the time of purchase.
SCHOOLS - DISTRICTS - EMPLOYERS AND EMPLOYEES - TEACHERS - SICK LEAVE - FAMILY LEAVE
Ability of a School District Board of Directors to Grant Family Leave 1. RCW 28A.400.300 requires school districts to grant employees a minimum of 10 days per year of leave for illness, injury, and emergencies. The maximum leave that can be accrued for this purpose is 12 days per year. Within this minimum and maximum a school district board of directors can define how such leave is to be used. If the board defines leave for illness, injury, and emergencies so that it only applies to the employee's illness, injury, and emergencies, then the board has the authority to authorize employee leave beyond the 12-day limit to care for sick family members. 2. RCW 49.12.270 requires employers to permit employees to use sick leave to care for their sick children. RCW 49.12.270 does not limit the ability of a school district board of directors to allow family leave to care for sick family members beyond the 12-day limit for leave for illness, injury, and emergencies.
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - NURSES
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - NURSES (1) A person who is certificated as a school nurse by the state board of education under the Washington Administrative Code (WAC) 18-84-075 through 090, but who does not hold a certificate which will entitle her to be assigned to a teaching position as a certified teacher, is not a "certificated employee" for the purposes of chapter 143, Laws of 1965.(2) A school nurse, who is not employed in a supervisory capacity for a school district, and is not employed as a teacher, is not covered by the provisions of RCW 28.58.450 or RCW 28.67.070.
DISTRICTS - SCHOOLS - TAXATION - EXCESS LEVY ELECTION
DISTRICTS - SCHOOLS - TAXATION - EXCESS LEVY ELECTION It will not be possible for a school district or other taxing district to which the present 40-mill limit is applicable, in anticipation of the possible passage of S.J.R. 23 at the November, 1968, election, to prepare and submit to the voters of the district at the same election a proposal for two consecutive annual tax levies in excess of the 40-mill limit, since the procedures set forth in RCW 84.52.052 will continue to govern such excess levy propositions until the statute is amended by the legislature.
DISTRICTS - SCHOOLS - LIABILITY FOR INJURY TO STUDENT TRANSPORTED TO OR FROM SCHOOL BY PARENT
DISTRICTS - SCHOOLS - LIABILITY FOR INJURY TO STUDENT TRANSPORTED TO OR FROM SCHOOL BY PARENT When a student enrolled in a public school is being transported to and/or from school at the commencement or end of the school day by his parent, or some other person at the direction of the parent (e.g., either because the particular school district does not provide transportation or because the parent prefers to transport the child himself) neither the school district nor its employees can be regarded as having assumed and exercised control over the transportation so as to incur any liability in case of injury to the student.
DISTRICTS - SCHOOLS - ELECTIONS - TAXATION - PROCEDURE FOR CALLING SPECIAL SCHOOL DISTRICT EXCESS LEVY ELECTION
DISTRICTS - SCHOOLS - ELECTIONS - TAXATION - PROCEDURE FOR CALLING SPECIAL SCHOOL DISTRICT EXCESS LEVY ELECTION Where the board of directors of a school district, by appropriate resolution, calls a special election for submission to the voters of a proposition to levy ad valorem property taxes in excess of the constitutional forty mill limit, and presents this resolution to the county auditor at least forty-five days prior to the election date specified therein, it is not necessary for the auditor to find the existence of an emergency in order to hold the election on the date fixed by the school board.
SUPERIOR COURTS - DISTRICT COURTS - JUVENILE COURTS - SCHOOLS - TRUANCY
Confidentiality of juvenile court records in truancy cases The records of a juvenile court in a truancy case are confidential and not available for public inspection and copying, with the limited exceptions listed in RCW 13.50.010 and 13.50.100.
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.
DEPARTMENT OF INFORMATION SYSTEMS - EDUCATION - SCHOOLS - RELIGION - PUBLIC FUNDS - COLLEGES AND UNIVERSITIES - INCLUDING PRIVATELY-OPERATED SCHOOLS AND COLLEGES IN K-20 EDUCATIONAL NETWORK
DEPARTMENT OF INFORMATION SYSTEMS - EDUCATION - SCHOOLS - RELIGION - PUBLIC FUNDS - COLLEGES AND UNIVERSITIES - Including privately-operated schools and colleges in K-20 Educational Network 1.It would not violate article VIII, section 7, of the state constitution to include privately-owned and operated schools and colleges in the K-20 Educational Network, provided that the private schools and colleges provide consideration in the form of monetary payment and valuable services. 2.It would not violate article I, section 11, or article IX, section 4, of the state constitution to include religiously-affiliated schools and colleges in the K-20 Educational Network, provided that there is consideration in the form of monetary payment and services, and provided that the Network is not operated in such a way as to violate the constitution.
DISTRICTS - SCHOOLS - DIRECTOR DISTRICTS - BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER - VACANCY
DISTRICTS - SCHOOLS - DIRECTOR DISTRICTS - BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER - VACANCY In a school district which has been divided into school director districts under RCW 28.57.050, a school director's voluntary removal of his place of residence from one director district to another within the school district does not disqualify him from continuing to serve for the remainder of the term for which he was elected.
FIREARMS - WEAPONS - SCHOOLS
Possession of firearms in facilities used exclusively by schools RCW 9.41.280 prohibits possession of firearms in areas of facilities while being used exclusively by public or private schools. An area of a facility is used exclusively by a school when the school has sole possession, control, or use of an area of the facility, regardless of the duration of the use.
DISTRICTS - SCHOOLS - BONDS - DEBT LIMITATION - BONDING CAPACITY OF SCHOOL DISTRICTS
DISTRICTS - SCHOOLS - BONDS - DEBT LIMITATION - BONDING CAPACITY OF SCHOOL DISTRICTS (1) Under § 1, chapter 142, Laws of 1969, which establishes the bonding capacity of a school district as being a certain percentage of the "value of the taxable property in such district," the measuring property value is the actual "true and fair" value in money of the property in the district as contrasted with the assessed valuation of such property. (2) In the case of a school district located in a county for which the assessment ratio used by the county assessor for property tax purposes has been and is presently 25% of the true value of the taxable property, the combined effect of (a) § 1, chapter 142, Laws of 1969, and (b) the decision of the state supreme court in Carkonen, et al. v. Williams, et al. , ____ Wn.2d ____ [[76 Wn.2d 617]](September 4, 1969), and accompanying order of the state department of revenue requiring use of a 50% assessment ration as of January 1, 1970, will be to increase such district's bonding capacity by a multiple of four.
DISTRICTS - SCHOOLS - COUNTIES - INTERMEDIATE SCHOOL DISTRICTS - TRANSFER OF COUNTY FUNDS - COUNTY SUPPORT OF INTERMEDIATE SCHOOL DISTRICTS UNDER CHAPTER 176, LAWS OF 1969, EX. SESS.
DISTRICTS - SCHOOLS - COUNTIES - INTERMEDIATE SCHOOL DISTRICTS - TRANSFER OF COUNTY FUNDS - COUNTY SUPPORT OF INTERMEDIATE SCHOOL DISTRICTS UNDER CHAPTER 176, LAWS OF 1969, EX. SESS. (1) A board of county commissioners will be in compliance with § 18, chapter 176, Laws of 1969, Ex. Sess., if, during the remainder of the calendar year 1969, it pays to the intermediate school district in which it is located an amount equal to one half of the amount which the county appropriated to the budget of its county superintendent of schools for the entire year 1969. (2) A county's payments to the intermediate school district in which it is located, as provided for in § 18, chapter 176, Laws of 1969, Ex. Sess., may be transmitted on a monthly basis rather than being made in the form of a single lump sum payment. (3) A county's payments to the intermediate school district in which it is located may be made by county warrants drawn upon the county current expense fund. (4) In making the payment from its current expense fund to the intermediate school district in which it is located, a county is not authorized to withhold from the amount to be paid a sum sufficient to pay the salary of its county superintendent of schools during the remainder of his term of office. (5) The board of county commissioners of the county which is providing office facilities for an intermediate school district may not require the district to make payment to the county for the use of these facilities. (6) A board of county commissioners may not charge an intermediate school district for the services rendered to the district by its county prosecutor, treasurer, or auditor. (7) It is permissible for an intermediate school district, in accordance with its own budget, to pay one of its employees a salary in excess of the amount which was budgeted for that employee, as a county superintendent's employee, by a board of county commissioners.
SCHOOLS - BONDS - BUSES - FUNDS
Ability of a school district to issue bonds to finance the acquisition of school buses 1. RCW 28A.530.010 authorizes school districts to issue bonds for certain capital projects. The acquisition of school buses is not a capital project. Therefore, the proceeds of bonds issued pursuant to RCW 28A.530.010 cannot be used to acquire school buses. 2. RCW 28A.530.080 authorizes school districts, under certain circumstances, to issue bonds without a vote of the people. Proceeds of bonds issued pursuant to RCW 28A.530.080 may be deposited in the transportation vehicle fund. One purpose of this fund is to acquire school buses. 3. If the proceeds of bonds issued, without a vote of the people, pursuant to RCW 28A.530.080 are deposited in the transportation vehicle fund, the proceeds may be used to acquire replacement school buses.
SUPERINTENDENT OF PUBLIC INSTRUCTION - STATE CONSTITUTION - LEGISLATURE - SCHOOLS - EDUCATION
Authority of the Legislature to define powers and duties of the Superintendent of Public Instruction 1. The Legislature has discretion to prescribe the specific duties of the Superintendent of Public Instruction and to create agencies and institutions to administer the state's public education system; however, it must respect the constitutional language granting the Superintendent "supervisory" power over the public school system. 2. The public school system, for purposes of defining the constitutional "supervision" authority of the Superintendent of Public Instruction, includes the common school system of elementary, intermediate, and high schools, and would also include normal schools and technical schools if the Legislature were to create any. 3. The Legislature may not "delegate" to another officer or agency the "supervision" authority of the Superintendent of Public Instruction over the public schools; however, with this restriction, the Legislature has broad discretion to create state and local agencies and institutions to administer the public education system, and to define their respective powers and duties.
PUBLIC FUNDS - SCHOOLS - RELIGION - EMPLOYERS AND EMPLOYEES
Constitutionality of proposed legislation providing background checks for private school employees at public expense 1. It would not be a gift of public funds or lending of state credit to require fingerprint-background checks of current employees of private schools, and to appropriate state funds to pay for such checks. 2. A proposed bill which would appropriate state funds to pay for fingerprint-background checks on all employees of private schools would not, as written, violate the state constitutional prohibitions against applying public funds or property in support of religion.
STATE LANDS - FOREST LAND - LEGISLATURE - ENABLING ACT - TRUSTS - SCHOOLS - EDUCATION
Authority to invest principal of permanent common school fund The Legislature may by law authorize the investment of moneys in the Permanent Common School Fund, and may define by statute the manner in which such funds may be invested.
SCHOOLS - AUTHORITY OF BOARD OF DIRECTORS TO USE ITS EMPLOYEES IN MAINTAINING ITS BUILDINGS
SCHOOLS ‑- AUTHORITY OF BOARD OF DIRECTORS TO USE ITS EMPLOYEES IN MAINTAINING ITS BUILDINGS. The board of directors of a school district may legally utilize its employees in repairing and maintaining the district's buildings.
SCHOOLS - BUSES - LOADING AND UNLOADING OF SCHOOL CHILDREN
SCHOOLS - BUSES - LOADING AND UNLOADING OF SCHOOL CHILDREN (1) A school bus cannot be loaded or unloaded without the use of the prescribed stop sign even though the bus can be driven off the road or right of way. (2) School buses must use the prescribed stop sign in unloading and loading either at the school or other places in the city. (3) A school bus cannot be stopped for the purpose of loading or unloading children in the main traveled right lane with the stop sign extended even where it is possible to drive the bus off the road.
SCHOOLS - TEACHERS - RETIRED - AUTHORITY TO AUTHORIZE DEDUCTION FROM PENSION TO PAY PREMIUM OF A MEDICAL AID PLAN
SCHOOLS - TEACHERS - RETIRED - AUTHORITY TO AUTHORIZE DEDUCTION FROM PENSION TO PAY PREMIUM OF A MEDICAL AID PLAN Retired teachers receiving pensions from the teachers' retirement system may not authorize and have deducted from their pension payments a specified monthly amount required to pay the premium of a medical aid plan.
SCHOOLS - DISTRICTS - REORGANIZATION OF DIRECTOR DISTRICTS AS AFFECTING TERM OF OFFICE OF DIRECTOR OF SCHOOL DISTRICT
SCHOOLS - DISTRICTS - REORGANIZATION OF DIRECTOR DISTRICTS AS AFFECTING TERM OF OFFICE OF DIRECTOR OF SCHOOL DISTRICT (1) Term of office of a duly elected and qualified school district director is not affected by the reorganization of the district which changes the boundary lines of the director district so as to eliminate his director district. (2) The director from the eliminated director district is legally qualified to hold his office until the expiration of the full term for which he was elected.
SCHOOLS - SCHOOL DISTRICTS - EMINENT DOMAIN
SCHOOLS ‑- SCHOOL DISTRICTS ‑- EMINENT DOMAIN A school district cannot condemn lands already devoted to a public use.
SCHOOLS - COUNTIES - COUNTY BUDGETS - COUNTY COMMISSIONERS - COUNTY SUPERINTENDENT OF SCHOOLS - COUNTY BOARD OF EDUCATION, POWERS OF
SCHOOLS ‑- COUNTIES ‑- COUNTY BUDGETS ‑- COUNTY COMMISSIONERS ‑- COUNTY SUPERINTENDENT OF SCHOOLS ‑- COUNTY BOARD OF EDUCATION, POWERS OF RCW 28.19.110 (§ 29, chapter 157, Laws of 1955) removes from the board of county commissioners the discretionary authority to determine the amount of funds to be annually allocated to the county superintendent of schools, and requires the county commissioners to allocate the amount of funds to the county superintendent of schools that is certified as needed by the county board of education to the board of county commissioners.
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.
SCHOOLS - FEDERAL FOREST FUND PAYMENT - ALLOCATION BY COUNTY COMMISSIONERS, COUNTY SUPERINTENDENT AND SCHOOL DIRECTORS
SCHOOLS - FEDERAL FOREST FUND PAYMENT - ALLOCATION BY COUNTY COMMISSIONERS, COUNTY SUPERINTENDENT AND SCHOOL DIRECTORS After Federal Forest Funds have been allocated by the county commissioners to the county superintendent who apportions them to the school district, the board of directors of the district is the only agency having the power or discretion to direct the use of such funds for specific school purposes.
SCHOOLS - LIABILITY OF DISTRICT FOR INTEREST OR PENALTIES ON ASSESSMENTS LEVIED BY L.I.D. OF A WATER DISTRICT
SCHOOLS - LIABILITY OF DISTRICT FOR INTEREST OR PENALTIES ON ASSESSMENTS LEVIED BY L.I.D. OF A WATER DISTRICT (1) A school district is liable for the payment of interest in an assessment payable in installments and levied against its real property by utility L.I.D. created by a water district.(2) A school district is not liable for interest or penalties for failure to pay the assessment or any installment when due.
SCHOOLS - NONHIGH DISTRICT - EXCESS LEVY TO PARTICIPATE WITH HIGH SCHOOL DISTRICT IN FINANCING SCHOOL FACILITIES
SCHOOLS - NONHIGH DISTRICT - EXCESS LEVY TO PARTICIPATE WITH HIGH SCHOOL DISTRICT IN FINANCING SCHOOL FACILITIES A nonhigh school district which desires to participate with a high school district in financing school facilities and which elects to secure the funds therefor by an excess tax levy under chapter 262, Laws of 1959, is not required to provide in the proposition submitted to the electors for the immediate expenditure of the fund.
SCHOOLS - DISTRICT
AUTHORITY OF BOARD OF DIRECTORS TO BAR OR EXCLUDE MARRIED STUDENTS FROM SPECIFIED SCHOOL ACTIVITIES The board of directors of a school district may adopt reasonable rules and regulations to protect the welfare, good order, discipline and morality of pupils attending high schools in the district. Whether there exists a reasonable basis in fact for any board adopting a rule excluding automatically, either permanently or temporarily, married students from any specific activity is a question which must be decided by each board of directors and not this office, after a sufficient investigation has been made of all necessary factors.
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.
SCHOOLS - BOARD OF DIRECTORS - LIABILITY FOR INJURY OR DAMAGE INCURRED INCIDENT TO THE USE OF SCHOOL BUSES FOR EXTRA-CURRICULAR [[EXTRACURRICULAR]]ACTIVITIES
SCHOOLS - BOARD OF DIRECTORS - LIABILITY FOR INJURY OR DAMAGE INCURRED INCIDENT TO THE USE OF SCHOOL BUSES FOR EXTRA-CURRICULAR [[EXTRACURRICULAR]]ACTIVITIES. The board of directors of a school district is not subject to personal liability for accidents occurring out of the use of school buses where the use is authorized by the board of directors as a definite and proper part of the curriculum or educational program of the district.
SCHOOLS - DISTRICT
AUTHORITY TO PURCHASE A HOUSE FOR USE OF SUPERINTENDENT WITHOUT A VOTE OF THE ELECTORS A second class school district does not have the authority to purchase a house for the continued use of the superintendent of the district with or without a vote of the electors.
SCHOOLS - VOTING REQUIREMENTS FOR SPECIAL SCHOOL EXCESS LEVY ELECTION - WHAT CONSTITUTES A GENERAL ELECTION UNDER SECTION 1, CHAPTER 290, LAWS OF 1959 AND THE 17TH AMENDMENT TO THE WASHINGTON STATE CONSTITUTION
SCHOOLS - VOTING REQUIREMENTS FOR SPECIAL SCHOOL EXCESS LEVY ELECTION - WHAT CONSTITUTES A GENERAL ELECTION UNDER SECTION 1, CHAPTER 290, LAWS OF 1959 AND THE 17th AMENDMENT TO THE WASHINGTON... (1) The voting requirements for a special school excess levy election are to be based on the last general election in the school district in accordance with the provisions of § 1, chapter 290, Laws of 1959. (2) An election at which members of the county board of education and school district directors are elected constitutes a general election within the meaning and intent of § 1, chapter 290, Laws of 1959, and the 17th Amendment to the Washington State Constitution.
DISTRICTS - SCHOOLS - LIABILITY POLICIES IN CONNECTION WITH SCHOOL BUS OPERATIONS - MEDICAL PAYMENTS INCLUDED IN PREMIUM
DISTRICTS - SCHOOLS - LIABILITY POLICIES IN CONNECTION WITH SCHOOL BUS OPERATIONS - MEDICAL PAYMENTS INCLUDED IN PREMIUM In procuring a policy of liability insurance covering the operation of its buses, the board of directors of a school district may not pay the cost of any increased premium to provide medical payments for the passenger injured by or through its operation irrespective of liability. Public funds may only be expended to protect the district from liability. However, the board of directors may procure medical and accident insurance where the assenting students pay the additional cost.
SCHOOLS - DISTRICT - BOARD OF DIRECTORS - INVESTMENT OF FUNDS FROM THE GENERAL FUND OF THE SCHOOL DISTRICT
SCHOOLS - DISTRICT - BOARD OF DIRECTORS - INVESTMENT OF FUNDS FROM THE GENERAL FUND OF THE SCHOOL DISTRICT The board of directors of a school district does not have the authority to authorize the investment of funds from the general fund of the school district which are not required for immediate expenditure.
SCHOOLS - COUNTY SUPERINTENDENT
ABOLISHMENT OF OFFICE UNDER RCW 28.19.190 The term of office of the incumbent county superintendent of schools (the appointee of the county commissioners of Wahkiakum county) ends within the purview of RCW 28.19.190 at the next general election, and if a majority of the electors in the county vote to abolish the office of county superintendent at the November 8, 1960 election the office will be abolished on the date when the returns of said election are certified and declared by the proper canvassing authority.
SCHOOLS - ANIMALS - FEEDING DEMONSTRATIONS AND/OR EXPERIMENTS ON LIVE ANIMALS NOT WITHIN CHAPTER 16.52 RCW RELATING TO PREVENTION OF CRUELTY TO ANIMALS
SCHOOLS - ANIMALS - FEEDING DEMONSTRATIONS AND/OR EXPERIMENTS ON LIVE ANIMALS NOT WITHIN CHAPTER 16.52 RCW RELATING TO PREVENTION OF CRUELTY TO ANIMALS The animal feeding demonstrations sponsored by the Washington State Dairy Council and properly conducted in the public schools do not fall within the provisions of chapter 16.52 RCW.
SCHOOLS - WHEN NEW YEAR'S DAY FALLS ON A SUNDAY, THE FOLLOWING MONDAY IS A LEGAL HOLIDAY BUT IS NOT A SCHOOL HOLIDAY
SCHOOLS - WHEN NEW YEAR'S DAY FALLS ON A SUNDAY, THE FOLLOWING MONDAY IS A LEGAL HOLIDAY BUT IS NOT A SCHOOL HOLIDAY January 2, 1961, is a legal holiday but not a school holiday. However, January 2, 1961, may in the discretion of the board of directors of a school district, be included within the "Christmas Vacation" established by the board.
SCHOOLS - TEACHERS - LEAVE OF ABSENCE
SCHOOLS ‑- TEACHERS ‑- LEAVE OF ABSENCE It is within the discretion of the directors of first class school districts to grant a leave of absence or contract in the future with a teacher.
SCHOOLS - DISTRICT REORGANIZATION
SCHOOLS ‑- DISTRICT REORGANIZATION (1) If an order adjusting assets and liabilities of school districts affected by a transfer of territory is entered after March 1 of a given year, the order may properly transfer to the district to which the territory is transferred, a sum of money equivalent to the money raised by tax levies for the ensuing school year on property within the territory transferred. (Subject to limitations) (2) If money is transferred from one district to another by reason of a transfer of territory money transferred from the general fund, the building fund and the bond redemption fund must be credited to the general fund, building fund and bond redemption fund, respectively, of the receiving district. (3) An order transferring territory from one school district to another entered after March 1 of a given year cannot be given a retroactive effect so as to circumvent RCW 84.08.160. (4) After an order transferring territory and adjusting assets and liabilities has been entered, it may not be reconsidered and modified.
SCHOOLS - COLLEGES OF EDUCATION - TUITION - CONSTITUTIONALITY OF
SCHOOLS ‑- COLLEGES OF EDUCATION ‑- TUITION ‑- CONSTITUTIONALITY OF Proposed legislation to allow the colleges of education to make a reasonable tuition charge would not contravene Art. XXVI and Art. IX, sec. 2, of Wash. Constitution.
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.
SCHOOLS - POWERS OF DISTRICT - LIABILITY INSURANCE
SCHOOLS ‑- POWERS OF DISTRICT ‑- LIABILITY INSURANCE The board of directors of a school district may expend school district funds to pay the premiums on an insurance policy limiting the district's liability occasioned by bodily injuries to its students or faculty members on school premises.
SCHOOLS - (LEASES) BOARD OF DIRECTORS POWERS (SCHOOL DISTRICT) PURCHASE BY "LEASE‑GIFT" ARRANGEMENT BINDING BOARD BEYOND ONE YEAR
SCHOOLS ‑- (LEASES) BOARD OF DIRECTORS POWERS (SCHOOL DISTRICT) PURCHASE BY 'LEASE‑GIFT' ARRANGEMENT BINDING BOARD BEYOND ONE YEAR. School district may not purchase equipment by leasing it for a term of years and receiving at the expiration of the lease as gift‑-rentals being equivalent to normal purchase price unless all rentals are budgeted in first budget year.
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.
SCHOOLS - JUNIOR COLLEGES - POWERS AND DUTIES OF DIRECTORS - NO AUTHORITY TO CONSTRUCT STUDENT RESIDENTIAL FACILITIES - SCHOOL DISTRICT - POWER OF DIRECTORS - FIRST CLASS SCHOOL DISTRICT OPERATING JUNIOR COLLEGES
SCHOOLS ‑- JUNIOR COLLEGES ‑- POWERS AND DUTIES OF DIRECTORS ‑- NO AUTHORITY TO CONSTRUCT STUDENT RESIDENTIAL FACILITIES ‑- SCHOOL DISTRICT ‑- POWER OF DIRECTORS ‑- FIRST CLASS SCHOOL DISTRICT... A junior college operated by a first class school district is an institution of higher learning. Such an institution may not construct student residential facilities.
SCHOOLS - TUITION AND FEES - COLLEGES OF EDUCATION
SCHOOLS ‑- TUITION AND FEES ‑- COLLEGES OF EDUCATION Trustees of the colleges of education cannot authorize tuition charges as to students, other than extension students enrolled therein, but may authorize the assessment of special fees for special or extra classes and activities.
SCHOOLS - UNION HIGH SCHOOL DISTRICTS - POWER OF COMPONENT DISTRICTS TO ISSUE BONDS
SCHOOLS ‑- UNION HIGH SCHOOL DISTRICTS ‑- POWER OF COMPONENT DISTRICTS TO ISSUE BONDS A union high school district, and the component school district are separate entities, and as such are each able to indebt themselves to the maximum allowable under Amendment 27 of the Washington Constitution.
SCHOOLS - KINDERGARTENS - EFFECT OF TERMINATION OF STATE SUPPORT
SCHOOLS ‑- KINDERGARTENS ‑- EFFECT OF TERMINATION OF STATE SUPPORT
1. The proviso to Substitute Senate Bill No. 400, terminating state support of kindergartens does not violate Article I, section 23 or Article II, section 19 of the State Constitution. 2. The effect of the proviso to Substitute Senate Bill No. 400, terminating state support of kindergartens is to prevent school districts from making any funds available for the support of kindergartens.
SCHOOLS - POLITICAL ACTIVITIES OF TEACHERS, ETC. - AS BASIS FOR ACTION TO RESTRAIN OR DISCHARGE
SCHOOLS ‑- POLITICAL ACTIVITIES OF TEACHERS, ETC. ‑- AS BASIS FOR ACTION TO RESTRAIN OR DISCHARGE There is no statutory or general provision of law under which court action may be taken to restrain the superintendents, principals and teachers of the public schools from engaging in political activities. However, if such activities are engaged in by a teacher in the school before the students, it might be the basis for a dismissal by the school board.
DISTRICTS - SCHOOLS - EMPLOYEES - RETIREMENT
REIMBURSEMENT FOR UNUSED SICK LEAVE In order to receive reimbursement for unused sick leave, pursuant to RCW 28A.58.097, at the time of separation from school district employment due to retirement, an employee must have separated from such employment and have been granted a retirement allowance under the laws governing the Teachers' Retirement System or the Public Employees' Retirement System, whichever applies; however, it is not necessary that the employee have actually filed for retirement prior to the date of his or her separation so long as the application is thereafter filed within a reasonable period of time and without the occurrence of any intervening covered employment.
SCHOOLS - COUNTY SUPERINTENDENT - AUDIO VISUAL PROGRAM EXPENSES - COUNTY EMPLOYEES OF
SCHOOLS ‑- COUNTY SUPERINTENDENT ‑- AUDIO VISUAL PROGRAM EXPENSES ‑- COUNTY EMPLOYEES OF
1. The county superintendent's expenses incidental to carrying out the audio visual program, if within the superintendent's budget, should be approved by the county auditor.2. The county may furnish a car for the use of the director of the audio visual program.3. Where county funds are used to pay for the services of a person, such a person would be a county employee for most purposes, whether the person was engaged by the superintendent of schools, county treasurer, or county clerk, but a person paid from school district funds, though engaged by a county official, would not, in the normal sense, be considered a county employee.
SCHOOLS - FUNDS - WARRANTS - TREASURER REQUIRED TO CALL WARRANTS, WHEN
SCHOOLS ‑- FUNDS ‑- WARRANTS ‑- TREASURER REQUIRED TO CALL WARRANTS, WHEN Treasurer required to issue warrant call on general school district funds in same manner as warrant calls are made on general funds of counties, cities and towns.
SCHOOLS - ELECTIONS - CANDIDATES - FILING
SCHOOLS ‑- ELECTIONS ‑- CANDIDATES ‑- FILING The provisions of section 6, chapter 161, Laws of 1949 (Rem. Rev. Stat. 5166-4) relative to filing declarations of candidacy, controls and supersedes the provisions of section 5032, relative to nominative petitions for the election of directors in school districts of the first class in class A counties and counties of the first class.
SCHOOLS - TEACHERS - APPEALS - TRANSCRIPTS - RESPONSIBILITY OF PAYMENTS
SCHOOLS ‑- TEACHERS ‑- APPEALS ‑- TRANSCRIPTS ‑- RESPONSIBILITY OF PAYMENTS The expense of the transcript prepared by county superintendent of schools where school teacher took an appeal from a local school district and where the county superintendent and state superintendent each decided in favor of teacher, must be borne by the office of the county superintendent.
SCHOOLS - TEACHER'S SALARY EARNED IN NINE MONTHS - SALARY PAID IN TWELVE INSTALLMENTS - INTERPRETATION OF TEACHERS CONTRACT OF EMPLOYMENT
SCHOOLS ‑- TEACHER'S SALARY EARNED IN NINE MONTHS ‑- SALARY PAID IN TWELVE INSTALLMENTS ‑- INTERPRETATION OF TEACHERS CONTRACT OF EMPLOYMENT
(1) By virtue of the agreement between Eulah Blackwell and the superintendent of the school, the Eulah Blackwell estate is entitled to the sum of $600.(2) The above sum should be paid from the appropriation for salaries and wages.
SCHOOLS - TEACHERS' SALARIES - PAYMENT IN TWO SCHOOL FISCAL YEARS
SCHOOLS ‑- TEACHERS' SALARIES ‑- PAYMENT IN TWO SCHOOL FISCAL YEARS After the directors elected at the annual school election shall have entered upon the discharge of their duties, the board of directors of a school district may make a valid contract employing a teacher who is to receive compensation in twelve equal monthly installments beginning at the end of September in said year.
SCHOOLS - PUPILS - POWER OF BOARD OF DIRECTORS OF SCHOOL DISTRICT TO REFUSE ADMISSION TO PUPILS NOT SIX YEARS OLD
SCHOOLS ‑- PUPILS ‑- POWER OF BOARD OF DIRECTORS OF SCHOOL DISTRICT TO REFUSE ADMISSION TO PUPILS NOT SIX YEARS OLD
1. A school district may refuse a pupil admission to first grade who is not six years old by September 30.2. Regulations requiring pupils be six years old by September 30 not applicable to bona fide transfer pupil from another district who properly was admitted to school though not six years old.3. Regulation requiring pupils be six years old by September 30 gives directors power to refuse pupils who leave district to evade regulation and then return upon reaching six years.
SCHOOLS - DISMISSAL OF TEACHER BECAUSE OF PREGNANCY
SCHOOLS -- DISMISSAL OF TEACHER BECAUSE OF PREGNANCY It is extremely doubtful if a school district may dismiss a competent, capable, married woman teacher who has taught for some three years in such district where she asks for four months leave of absence for birth of her expected child.
SCHOOLS - SCHOOLHOUSES AND SITES
SCHOOLS -- SCHOOLHOUSES AND SITES
1. A vote of the electors is required to authorize construction of a schoolhouse by the board of directors.2. A majority of the legal school electors who vote on a proposition authorizing the construction of a school building is sufficient approval without requiring a majority of the eligible or registered electors of the district.3. A schoolhouse site selected by a majority vote at a special meeting may not be changed except by a two-thirds vote of such electors.
SCHOOLS - DATES TO BE SET FOR ANNUAL MEETINGS
SCHOOLS -- DATES TO BE SET FOR ANNUAL MEETINGS The first annual meeting for organization of school boards in first class districts shall be held in April in class A and 1st class counties, and in March in all other counties. In 2nd and 3rd class districts such annual meeting shall be held on the 20th day following the second Tuesday in March in class A and 1st class counties, and on the 20th day after the first Saturday in February in all other counties.
SCHOOLS - PAYMENT OF SALARY OF SCHOOL SUPERINTENDENT WHEN WRITTEN CONTRACT NOT RENEWED
SCHOOLS -- PAYMENT OF SALARY OF SCHOOL SUPERINTENDENT WHEN WRITTEN CONTRACT NOT RENEWED Payment of superintendent of school's salary can be approved and made without a formal written consent.
SCHOOLS - ATTENDANCE RECORDS - MINIMUM TERM OF SCHOOL REQUIRED BY LAW
SCHOOLS -- ATTENDANCE RECORDS ‑- MINIMUM TERM OF SCHOOL REQUIRED BY LAW
1. If the official school records of the county do not show any attendance for a school district, county superintendent may conclude that the school district has not had an average daily attendance of five or more pupils. 2. A school district has failed to maintain the minimum term of school required by law where the district has not maintained a school in the district or made arrangements with another district to educate the pupils.
SCHOOLS - KINDERGARTENS - OPERATION OF KINDERGARTENS BY SCHOOL DISTRICT - RULES RELATING THERETO
SCHOOLS ‑- KINDERGARTENS ‑- OPERATION OF KINDERGARTENS BY SCHOOL DISTRICT ‑- RULES RELATING THERETO
1. If a school district elects to operate kindergartens, such kindergartens become a part of the public school system. 2. It is not mandatory for school districts to transport kindergarten pupils living beyond the two-mile limit to the schools. 3. If a school district makes available transportation for some of the kindergarten pupils, it cannot discriminate against others living within the same geographical limits.
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - ADMINISTRATIVE LAW - SCHOOLS
INTER-DISTRICT STUDENT TRANSFERS After July 1, 1982, the hearing contemplated by WAC 392-137-060, relating to the approval of inter-district student transfers by the State Superintendent of Public Instruction, will have to be conducted by an administrative law judge in accordance with the provisions of chapter 34.12 RCW unless the hearing is conducted, instead, by the Superintendent of Public Instruction himself.
OFFICES AND OFFICERS - STATE - COMMISSION FOR VOCATIONAL EDUCATION - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - SUPERINTENDENT OF PUBLIC INSTRUCTION - SCHOOLS
RESPONSIBILITY FOR VOCATIONAL EDUCATION (1) The 1975 Vocational Education Act establishes a trichotomous relationship between the Commission for Vocational Education, the State Superintendent of Public Instruction and the State Board for Community College Education whereby those three agencies share the responsibility and authority for directing public vocational education in the state.
LEGISLATURE - SCHOOLS
CONSTITUTIONALITY OF LEGISLATION CLOSING STATE SCHOOLS FOR THE BLIND AND DEAF The provisions of Article XIII, § 1 of the Washington Constitution do not mean that it would be unconstitutional for the legislature to repeal chapters 72.40 through 72.42 RCW which establish, and relate to the operation of, the state schools for the blind and deaf.
SCHOOLS - EMERGENCY SCHOOL CONSTRUCTION FUND - INTERPRETATION AS "REVOLVING" OR NON-REVOLVING FUND - TIME OF DETERMINATION
DEDUCTIONS FROM FUTURE STATE FUNDS AVAILABLE TO SCHOOL DISTRICTS. The emergency school construction act of 1953 does not create a "revolving" fund; the question of deductions from future state funds available to school districts which have received emergency allotments is to be determined ten years after such allotments are made.
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - TRANSFER BETWEEN DISTRICTS - RETENTION OF BENEFITS - WAIVER - PROSPECTIVE APPLICATION
CHAPTER 49, LAWS OF 1965, EX. SESS.
(1) Under § 3, chapter 49, Laws of 1965, Ex. Sess., a certificated employee of a school district who transfers to another district which has adopted a salary schedule based upon seniority and occupational status, must be granted a salary equal to that of a person of the same status and seniority in the district. (2) The benefits guaranteed to a transferring teacher under § 3, chapter 49, Laws of 1965, Ex. Sess., may not be waived or relinquished. (3) Chapter 49, Laws of 1965, operates prospectively only; therefore, a contract executed before the effective date of the act is not governed by the provisions of the new act.
DISTRICTS - SCHOOLS - HEALTH - IMMUNIZATION - CHURCHES - RELIGION
FUNDING CERTAIN ADMINISTRATIVE FUNCTIONS OF CHURCH-RELATED PRIVATE SCHOOLS Funds appropriated by §§ 14 and 15 of chapter 118, Laws of 1979, 1st Ex. Sess., for administration of the mandatory school immunization program thereby established may not be disbursed to private, church-related schools (a) because of a lack of statutory authority and (b) because of the constitutional prohibitions in Article IX, § 4 and Article VIII, § 7 of the Washington Constitution; the legislature, however, could make certain suggested amendments to the law which, if enacted, would establish a constitutionally permissible contractual basis for such payments.
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE - SCHOOLS
RELEASE OF JUVENILE RECORDS TO SCHOOL DISTRICTS A prosecuting attorney who is in possession of records or other documentary evidence relating to an alleged offense by a juvenile to which chapter 13.50 RCW applies may not, on that basis, release those records or documents to an attorney representing the local school district, one of whose schools the juvenile in question is attending.
DISTRICTS - SCHOOLS - FUNDS - INVESTMENTS
EMPLOYEES' DEFERRED COMPENSATION PLANS (1) RCW 28A.58.740, which authorizes school districts to invest funds accumulated thereunder in shares of an investment company, must be presumed by this office to be constitutional until otherwise ruled upon by a court of competent jurisdiction; moreover, the constitutionality of any such investments could conceivably depend upon the terms of the particular deferred compensation plan involved. (2) RCW 28A.58.740 does not constitute authority for a state‑regulated credit union to receive funds deposited pursuant to that section.
DISTRICTS - SCHOOLS - TAXATION - PROPERTY
LIMITATION ON SCHOOL DISTRICT EXCESS LEVIES UNDER CHAPTER 325, LAWS OF 1977, 1ST EX. SESS. (1) The maximum amount of a given school district's excess property tax levy under § 4(2), chapter 325, Laws of 1977, 1st Ex. Sess., for collection during the following calendar year, is to be computed solely on the basis of the district's basic education allocation for the last completed school year prior to the date of the levy. (2) Explanation of the circumstances under which a school district, pursuant to § 4(4), chapter 325, supra, may be permitted to exceed the levy lid established by § 4(2) thereof, and how the modified levy lid for such a district is to be determined.
DISTRICT - SCHOOLS
TRANSFER OF TERRITORY FROM ONE SCHOOL DISTRICT TO ANOTHER When territory is transferred from one school district to another and a school building is situated within such territory, the question of whether, and to what extent, compensation must be paid by the receiving district will be dependent upon the decision of the appropriate county committee on school district reorganization under RCW 28A.57.050(2).
DISTRICTS - SCHOOLS - EMPLOYEES
DIRECT DEPOSIT PAYROLL PROGRAM RCW 28A.58.730 does not permit a school district to require its employees to participate in a direct deposit payroll program established thereunder.
DISTRICTS - SCHOOLS - CONTRACTS
UNIFORM COMMERCIAL CODE It is not necessary to amend RCW 28A.58.550, relating to execution of executory conditional sales contracts by school districts, to bring that statute into conformity with the uniform commercial code.
DISTRICTS - SCHOOLS - ELECTIONS
BALLOT TITLES A ballot title for a school district excess levy election may exceed the twenty word limit set forth in RCW 29.27.060 only to the extent necessary to cause such title to be in compliance with RCW 84.52.054.
SCHOOLS - DISTRICTS - PRIVATE AND PUBLIC - STUDENTS
STATE AID The proposed constitutional amendment in Engrossed House Joint Resolution No. 19, relating to state aid to students attending public and private schools, does not contain any authorization which would be in violation of Amendment 1 to the United States Constitution.
SCHOOLS - COUNTIES - CHILDREN - DAY CARE CENTERS
AUTHORITY OF COUNTY TO PROVIDE DAY CARE CENTERS FOR CHILDREN OF WORKING MOTHERS Under existing law, a noncharter county may not expend federal revenue sharing moneys to fund a portion of the operation of a day care center for children of working mothers which is operated by a nonprofit corporation; however, to the extent permitted by Article VIII, § 7 of the state constitution such authority would be granted by the passage of House Bill No. 384 or Senate Bill No. 2151, currently pending before the 1975 legislature.
SCHOOLS - DISTRICTS - FUNDING
CONSTITUTIONALITY OF PUBLIC SCHOOL FUNDING SYSTEM Description of public school financing system in existence at the time of commencement of Northshore School District No. 417 v. Kinnear, 84 Wn.2d 685 (1974); resume of supreme court's decision regarding constitutionality of said system; identification of subsequent legislative changes; evaluation of probable thrust of any future litigation; listing of constitutionally valid alternative approaches to school financing.
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - DISTRICTS - SCHOOLS
REGULATION OF ASSOCIATED STUDENT BODY FUNDS (1) The state superintendent of public instruction may adopt a regulation pursuant to RCW 28A.58.115 defining the term "associated student body funds" in order to identify those moneys of an associated student body which are subject to school district budget laws and other state laws relating to school district funds, including, RCW 43.09.240 and RCW 28A.59.110. (2) The state superintendent of public instruction may also adopt a regulation under RCW 28A.58.115 authorizing school districts to establish one or more ASB petty cash funds into which limited amounts of ASB funds could be transferred from time to time from the school district treasury by warrants made payable to the order of the principal of the school involved as custodian of such fund.
DISTRICTS - SCHOOLS
QUALIFICATIONS OF SCHOOL SUPERINTENDENT Except to the limited extent provided for by RCW 28A.60.010 and 28A.01.100, involving temporary circumstances, state law does not authorize a second class school district to select either a teacher or an administrator who does not possess a superintendent's certificate to act as the superintendent or chief administrator of the school district.
OFFICES AND OFFICERS - COUNTY - TREASURER - DISTRICT - SCHOOLS
REGISTRATION OF SCHOOL DISTRICT WARRANTS A discussion of circumstances under which a school district warrant is to be registered so as to draw interest because of insufficient money in the fund upon which the warrant was drawn.
DISTRICTS - SCHOOLS
ATTENDANCE OF NONRESIDENT STUDENTS In order for attendance credit to be allowed to a school district for the attendance of a student under the age of 21 years who resides in another district, as provided for by § 2, chapter 66, Laws of 1975, 1st Ex. Sess., an agreement between the two school districts must first have been made in accordance with RCW 28A.58.240.
DISTRICTS - SCHOOLS - COMPUTATION OF DIRECT CLASSROOM CONTACT HOURS
DISTRICTS ‑- SCHOOLS ‑- COMPUTATION OF DIRECT CLASSROOM CONTACT HOURS Properly interpreted, the provisions of WAC 180-16-205(4)(b) constitute a legally defensible administrative regulation of the state board of education in implementation of the requirement of RCW 28A.41.140 that annual average full time equivalent classroom teacher's direct classroom contact hours shall be at least twenty-five hours per week.
DISTRICTS - SCHOOLS - FUNDS - CREDIT UNIONS
INVESTMENT OF SCHOOL DISTRICT FUNDS IN CREDIT UNION School district funds, including associated student body funds, may not legally be deposited in a credit union.
DISTRICTS - SCHOOLS - CONTRACTS - LABOR
LEGAL STATUS OF SUBSTITUTE TEACHERS (1) An employee organization which has obtained the right, under RCW 28A.72.030, to represent the certificated employees of a school district has the right to represent substitute certificated teachers employed by that school district as well. (2) Except to the extent that the records involved are required to be made under RCW 42.17.250, et seq., (Initiative No. 276), a school district is not required to provide an employee organization with the names and addresses of its substitute teachers.
DISTRICTS - SCHOOLS - PROPERTY - SALE OF SCHOOL DISTRICT PROPERTY
DISRIBUTION OF PROCEEDS Under § 2, chapter 243, Laws of 1975, 1st Ex. Sess. (RCW 28A.58.0461) proceeds derived from the sale of school district real property may not be used to pay for the acquisition of other such property.
SCHOOLS - TEACHING OF MULTIPLE PHILOSOPHICAL VIEWPOINTS
CREATION AND EVOLUTION House Bill No. 1021, a bill proposing to prohibit school districts from teaching either creation or evolution unless both are granted equal time, would probably be unconstitutional if enacted in its present form.
DISTRICTS - SCHOOLS - STUDENTS
COMPOSITION OF SCHOOL SAFETY PATROL UNDER RCW 46.61.385 (1) There is no minimum age below which students enrolled in a public school may not be made members of the school patrol and assigned to guard street pedestrian crossings enroute to and from school. (2) A school district may employ paid adult crossing guards. (3) A school district may utilize the services of volunteer crossing guards who are adults. (4) The distance of a street pedestrian crossing from the school grounds involved does not have any legal bearing upon the answers to any of the foregoing questions.
COLLEGES AND UNIVERSITIES - SCHOOLS - FEES - VETERANS - WAIVER OF TUITION FOR CHILDREN OF POWS OR MIAS
COLLEGES AND UNIVERSITIES ‑- SCHOOLS ‑- FEES ‑- VETERANS ‑- WAIVER OF TUITION FOR CHILDREN OF POWs or MIAs
(1) The provisions of RCW 28B.10.265 and RCW 28C.04.240, relating to the admission of children of POWs or MIAs to public institutions of higher education or public vocational-technical schools without the necessity of paying any registration fee or tuition, remain applicable to the children of persons determined to have been prisoners of war or missing in action in accordance with the terms of those statutes even after the subject parent or parents of those children have been released from POW status or otherwise have been recovered.
(2) A parent through whom a child's entitlement to benefits under RCW 28B.10.265 or RCW 28C.04.240 is claimed need not have been in active military service at the time he or she was determined by the federal government to be a prisoner of war or missing in action.
DISTRICTS - SCHOOLS - EMPLOYEES
CONTRACTS Where a school district has entered into a supplemental contract with a certificated employee to serve as high school principal and athletic coach, as provided for in RCW 28A.67.074, the district may not terminate that individual's employment as principal and coach during the term of such contract without compliance with RCW 28A.58.450; it may, however, elect not to renew the contract without compliance with RCW 28A.67.070.
DISTRICTS - SCHOOLS - MERGER OF SCHOOL DISTRICTS - FORT LEWIS MILITARY RESERVATION - DUPONT-FORT LEWIS - CLOVER PARK
DISTRICTS ‑- SCHOOLS ‑- MERGER OF SCHOOL DISTRICTS ‑- FORT LEWIS MILITARY RESERVATION ‑- DUPONT-FORT LEWIS ‑- CLOVER PARK Chapter 63, Laws of 1972, 2nd Ex. Sess., provides the exclusive method for annexing the whole of the Fort Lewis Military Reservation to either Dupont-Fort Lewis or Clover Park School District.
SCHOOLS - DISTRICTS - TEACHERS - LEAVES OF ABSENCE
SCHOOLS ‑- DISTRICTS ‑- TEACHERS ‑- LEAVES OF ABSENCE Under RCW 28A.67.900, a school district may grant to a teacher a one year leave of absence, unpaid, when the teacher's position is not being terminated, and at the same time hire a replacement teacher for that person, with the express agreement that the replacement will resign at the end of the year to allow the district to meet its obligation to the original teacher to reassign him in his old position which the district would have agreed to prior to the taking of the unpaid leave of absence.
SCHOOLS - DISTRICTS - EMPLOYEES - INDUSTRIAL INSURANCE - WORKMEN'S COMPENSATION - ATHLETIC EVENTS
SCHOOLS ‑- DISTRICTS ‑- EMPLOYEES ‑- INDUSTRIAL INSURANCE ‑- WORKMEN'S COMPENSATION ‑- ATHLETIC EVENTS Referees, umpires, other athletic officials, ticket sellers, ticket takers, parking lot attendants and others who are employed by school districts or their student body organizations to work at interscholastic and other athletic events conducted by such districts are not excluded from the coverage of the Industrial Insurance Act by RCW 51.12.030 (3).
DISTRICTS - SCHOOLS - EMPLOYEES - PENSIONS - SALARIES
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- PENSIONS ‑- SALARIES Under RCW 28A.58.100 (2) (f), which states that accumulated sick leave to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which a school district employee is eligible to retire, an employee utilizing this accumulated sick leave for that purpose is to receive no other compensation.
DISTRICTS - SCHOOLS - COUNTIES - LOCAL IMPROVEMENT - PETITIONS
DISTRICTS ‑- SCHOOLS ‑- COUNTIES ‑- LOCAL IMPROVEMENT ‑- PETITIONS A school district, acting through its board of directors, may sign a petition for the formation of a utility local improvement district under RCW 36.94.230, or sign a protest petition against the formation of such a district under RCW 36.94.240.
OFFICES AND OFFICERS - STATE - HUMAN RIGHTS COMMISSION - EDUCATION - SCHOOLS
REDEFINITION OF UNFAIR PRACTICES It would not be unconstitutional under Amendment 61 to the Washington state Constitution for the legislature to amend the state law against discrimination so as to declare certain classifications by sex not to constitute an unfair practice.
DISTRICTS - SCHOOLS - BOARD MEMBERS
COSTS INCURRED IN ATTENDING BOARD MEETINGS RCW 28A.58.310 does authorize school board members to be reimbursed for actual expenses incurred in attending regular or special school board meetings, whether such meetings are in the neighborhood where the school board member lives or at any other place.
DISTRICTS - SCHOOLS - INTERMEDIATE SCHOOL DISTRICT - TEACHERS
CONTRACTS(1) An intermediate school district may not contract with local school districts within its boundaries to establish and operate a special education program for handicapped children on behalf of those local districts, although it may provide support services to the district in connection with such programs.
DISTRICTS - SCHOOLS - ELECTIONS - SCHOOL BOARD MEMBER - ELIGIBILITY
TRAVEL EXPENSES (1) In order to be eligible to the office of school board member a person must be a registered voter of the school district and remain an inhabitant of that area, but a mere temporary physical absence from a given area will not cause an inhabitant to cease to be one. (2) RCW 28A.58.310 contains no restriction upon payment of expenses to a school director by reason of the fact that the point of origin of whatever travel is necessary by him to attend a particular school board meeting is situated outside of the district.
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
WAIVER OF RIGHTS (1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.
DISTRICTS - SCHOOLS - INTERMEDIATE - FUNDS - OFFICES AND OFFICERS - COUNTY - TREASURER
INVESTMENT OF STATE FUNDS The board of directors of an intermediate school district does not have the authority to invest or to authorize its county treasurer to invest funds which it receives from the state for distribution to local school districts under RCW 28A.48.010.
DISTRICTS - SCHOOLS - FUNDS - OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION
FAILURE TO CONDUCT SCHOOL FOR 180 DAYS (1) If a schools district fails to conduct school for at least 180 days by reason of a cause not constituting an "unforseen emergency" as defined in RCW 28A.41.170, the district must forfeit a pro rata portion of its annual entitlement of state apportionment funds under RCW 28A.41.130. (2) If the failure of a school district to conduct school for at least 180 days is occasioned by an "unforeseen emergency" as thus defined, the district will be eligible for its full annual entitlement of state apportionment funds if the state superintendent of public instruction has so provided by rules and regulations adopted pursuant to RCW 28A.41.170.
DISTRICTS - SCHOOLS - ECOLOGY
ENVIRONMENTAL IMPACT STATEMENTS INVOLVING SCHOOL CLOSURES Whether an environmental impact statement must be filed by a school board in connection with the closing of any school or other facility will depend on the facts of that particular situation and the extent of the environmental effects which the proposed action may occasion.
DISTRICTS - SCHOOLS - LANDS
REVERSIONARY INTEREST OF STATE IN CERTAIN LANDS ACQUIRED FOR SCHOOL SITES The provisions of RCW 79.01.780 require a reversion to the state of the interest conveyed under either RCW 79.01.096 or 79.01.770 in the event the land thus acquired has not been utilized for a school site for that seven-year period immediately preceding a given annual determination by the board of natural resources ‑ regardless of whether or not the land may have earlier been so utilized for seven previous years.
COUNTIES - CITIES AND TOWNS - DISTRICTS - SCHOOLS
CONTRACTS(2) Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.