Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1977 NO. 10 >

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.

AGO 1969 NO. 10 >

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.

AGO 1973 NO. 10 >

(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).

AGO 1983 NO. 10 >

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.

AGO 1994 NO. 11 >

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.

AGO 1977 NO. 11 >

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.

AGLO 1974 NO. 12 >

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.

AGO 1990 NO. 12 >

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.

AGO 1985 NO. 12 >

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.