Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 7 > Mar 31 1989

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.

AGO 1968 NO. 7 > Feb 15 1968

(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.

AGO 1977 NO. 13 > Jun 8 1977

(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.

AGO 1981 NO. 16 > Oct 23 1981

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.

AGO 1977 NO. 23 > Dec 9 1977

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 1966 NO. 79 > Mar 24 1966

 (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.