Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 21 >

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.

AGO 1955 NO. 21 >

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.

AGO 1978 NO. 21 >

(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.

AGO 1973 NO. 22 >

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.

AGO 1980 NO. 22 >

 (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 1965 NO. 22 >

(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.

AGLO 1975 NO. 22 >

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.

AGO 1976 NO. 23 >

(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.

AGO 1977 NO. 23 >

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.

AGO 1959 NO. 24 >

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.