Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1973 NO. 19 >

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.

AGO 1991 NO. 19 >

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.

AGO 1978 NO. 19 >

(1) For the purposes of § 96(1), chapter 339, Laws of 1977, 1st Ex Sess., a school district's average compensation level for the 1976-77 school year is to be computed on the basis of the compensation which was actually provided by the district to its employees during that school year.  (2) In determining the extent of funding to which a given school district is entitled under either subparagraph (a) or (b) of § 96(1), chapter 339, Laws of 1977, 1st Ex Sess., the district's actual average compensation level for the 1977-78 school year is not required to be taken into account.

AGO 1996 NO. 19 >

1.  The procedure established in RCW 90.03.383(3) for modifying a water right permit based on an intertie between public water supply systems applies only to interties existing and in use on January 1, 1991. 2.  Under RCW 90.03.383(3), when the Department of Ecology processes a change in place of use occasioned by an intertie between public water supply systems, the resulting permit(s) should show the quantity of water delivered through the intertie as well as the change in place of use. 3.  Under RCW 90.03.383(4), the Department of Ecology's scope of inquiry is whether each system's use is within the annual and instantaneous withdrawal rate specified in its water right authorization and whether the exchange or delivery through the intertie adversely affects existing water rights.  

AGLO 1976 NO. 19 >

RCW 52.36.020, requiring contracts for fire protection services to other municipalities, is inapplicable to municipal property situated within an incorporated city or town even though such property is adjacent to a fire protection district.

AGO 1980 NO. 19 >

(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.

AGO 1992 NO. 19 >

RCW 87.03.051 governs voter eligibility in irrigation districts of less than 200,000 acres.  Any property holder in the district whose land is subject to assessment for any reason is entitled to vote in district elections, even if the property is not currently being assessed for irrigation district purposes.

AGO 1961 NO. 20 >

In the absence of an agreement, a high school district may charge the parents of elementary or secondary students of another high school district, either adjoining or nonadjoining, a reasonable tuition for attending school in its district.

AGO 1981 NO. 20 >

(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.

AGLO 1977 NO. 20 >

(1) A proposition for financing a proposed park and recreation district under chapter 36.69 RCW may not be placed on the ballot at the same time as an election held on the question of formation of such a district.

(2) The formation of a park and recreation district under chapter 36.69 RCW is not subject to the jurisdiction of a county boundary review board under chapter 36.93 RCW.

(3) Formation of a park and recreation district, by itself, would not affect the administration of preexisting county parks.