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AGO Opinions with Topic: TEACHERS
AGO 1980 No. 8 >  March 7, 1980
RETIREMENT - PENSIONS - TEACHERS - STATE EMPLOYEES
RETENTION OF MEMBERSHIP IN TEACHERS' RETIREMENT SYSTEM OR TRANSFER TO PUBLIC EMPLOYEES' RETIREMENT SYSTEM UPON CHANGE IN EMPLOYMENT STATUS (1) A person who has properly established membership in the Washington Teachers' Retirement System (TRS) through employment as a public school teacher in accordance with RCW 41.32.240 or RCW 41.32.780 may thereafter continue to participate in TRS and receive TRS service credit in connection with later periods of employment with the same or another school district or a state agency even though that person is not still employed as a teacher. (2) Such continuing active participation in the Washington Teachers' Retirement System, however, is only permitted and not required under the specified circumstances; accordingly, the person in question (by not returning to or continuing in active TRS membership upon his or her change in employment status) may, if employed in an eligible position under the Washington Public Employees' Retirement System (PERS), thereafter be covered as a member of that retirement system unless he or she is personally ineligible, under RCW 41.40.120, for some other reason.
AGO 1980 No. 22 >  November 19, 1980
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.
AGO 1961 No. 35 >  June 6, 1961
TEACHERS - RETIREMENT - CREDIT FOR OUT-OF-STATE SERVICE UNDER RCW 41.32.300 - 1961 AMENDMENT
TEACHERS ‑- RETIREMENT ‑- CREDIT FOR OUT-OF-STATE SERVICE UNDER RCW 41.32.300 ‑- 1961 AMENDMENT A teacher who entered public school employment during the 1960-61 school year has until June 30, 1962, to establish credit for out-of-state service under the provisions of RCW 41.32.300 as it read prior to its 1961 amendment.
AGO 1981 No. 5 >  April 20, 1981
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.
AGO 1962 No. 93 >  January 31, 1962
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.
AGO 1963 No. 61 >  October 1, 1963
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.
AGO 1992 No. 10 >  June 26, 1992
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.
AGO 1995 No. 8 >  May 25, 1995
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.
AGO 1989 No. 15 >  July 21, 1989
COMPENSATION - INCENTIVE PAYMENTS - TEACHERS - SCHOOL DISTRICTS
COMPENSATION ‑- SCHOOL DISTRICTS ‑- TEACHERS ‑- INCENTIVE PAYMENTS  1.In order to be lawful, "incentive payments" made to certificated school district personnel under the authority of RCW 28A.58.0951(4) must be related to some identifiable, measurable "incentive" defined in a district policy or contract and amounting to more than the performance of duties and functions defined by statute as "basic education". 2.A school district must retain documentation of eligibility for payments made under RCW 28A.58.0951(4), but the exact form of the documentation depends on the nature of the payments and the policy choices of the State Auditor under RCW 43.09.200.
AGO 1993 No. 1 >  February 8, 1993
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.
AGO 1959 No. 24 >  March 18, 1959
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.
AGO 1957 No. 49 >  April 16, 1957
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.
AGO 1952 No. 384 >  August 21, 1952
SCHOOL DISTRICTS - TEACHERS - CONTRACTS OF - NOTICE OF REFUSAL TO RENEW - SUFFICIENCY OF REASON STATED - RIGHT OF APPEAL OF TEACHER
SCHOOL DISTRICTS ‑- TEACHERS ‑- CONTRACTS OF ‑- NOTICE OF REFUSAL TO RENEW ‑- SUFFICIENCY OF REASON STATED ‑- RIGHT OF APPEAL OF TEACHER Notice of refusal to renew a teacher's contract given pursuant to RCW 28.67.070 must state the reason for non-renewal [[nonrenewal]].  Renewal of the contract being discretionary, any reason is sufficient and the teacher has no right of appeal.
AGO 1950 No. 349 >  September 28, 1950
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.
AGLO 1973 No. 49 >  April 17, 1973
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.
AGLO 1974 No. 48 >  April 16, 1974
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.
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