Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1978 NO. 22 >

Assuming full compliance by a port district with the procedural requirements of RCW 53.08.090, such a district may sell and convey certain described real property initially acquired by the district as a green belt and buffer zone in connection with its operation of a municipal airport; and in the absence of proof that the subject property was actually, instead, originally acquired for the purpose of resale the potential applicability of Article VIII, § 8 (Amendment 45) of the state constitution presents an entirely moot question.

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 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.

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 1973 NO. 23 >

A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.

AGLO 1982 NO. 23 >

(1) Where the residents of two adjoining counties petition for the creation of a joint park and recreation district under RCW 36.69.420, the county commissioners of one of those counties may only exclude from the proposed district all land located within that county on the basis of a reasonable factual determination that no parcel of land in the county will benefit from its inclusion within the proposed district.

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 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 1961 NO. 23 >

1.   School districts have broad powers over curricula and instructional materials.  Pursuant to this authority, a school district may select and use educational television programming even though that programming contains advertising so long as the primary and predominant purpose of the program is educational and the advertising content is incidental.  2.   School districts have broad authority over the selection of instructional materials and the acquisition of school equipment and supplies.  Pursuant to this authority, a school district may select school materials, supplies and equipment that contain advertising.