Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1961 NO. 83 >

The board of directors of a school district does not have the authority under § 1, chapter 224, Laws of 1961, to make repairs and improvements to school district property, through its shop and repair department, where the total cost of the repairs or improvements will exceed the sum of $2,500.00.

AGO 1966 NO. 84 >

1. A school district does not have to obtain a conditional use permit in order to construct a school building on a particular site in an unincorporated area of a county which has adopted the provisions of the planning enabling act (chapter 36.70 RCW) except where the district desires to qualify for state financial assistance in construction of said building. 2. A school district does not have to obtain a building permit in order to construct a school building on a particular site in an unincorporated area of a county except where the district desires to qualify for state financial assistance in construction of said building.  3. When a school district for any reason applies to the county for a conditional use permit or a building permit it must pay the fees otherwise chargeable to other applicants.

AGO 1961 NO. 84 >

(1) Where several senior members on the teaching staff of a school district during the school year 1960-61 have retired or transferred from the district their salaries need not be considered by the district in fixing the basis on which salaries must be increased pursuant to the 1961 appropriation act. (2) Where the salary of any classroom teacher in a district is increased beyond the amount stated in an existing contract by virtue of the increase required under the 1961 appropriation law, the contract should be amended to reflect the increase.

AGO 1966 NO. 86 >

(1) A part-time employee of a school district for the purposes of sick leave benefits provided by RCW 28.58.100 (15) (b) is one who is not under contract with the district for a full year.  AGO 63-64 No. 98. (2) The provisions of WAC 248-100-170 do not apply to employees of an independent contractor employed by a school district.  However, the board of directors, in the exercise of its discretion, may make compliance with the health regulations a condition precedent to the execution of a contract. (3) A school district is expressly authorized by RCW 50.04.200 to make payments to the unemployment compensation fund, the same as employers otherwise covered by the act. (4) School employees hired subsequent to the effective date of the 1963 amendment to RCW 28.58.100 (15) are entitled as a matter of right to the minimum benefits set forth in subsections (a) through (h) of RCW 28.58.100.  If these benefits were not granted to such school employees a claim may be made therefor.

AGLO 1974 NO. 86 >

Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.

AGO 1966 NO. 87 >

In a public utility district which is coextensive with the county in which it is located, public utility commissioner districts are automatically affected by a change made in county commissioner district boundaries by the board of county commissioners.

AGLO 1975 NO. 89 >

School district funds, including associated student body funds, may not legally be deposited in a credit union.

AGLO 1975 NO. 90 >

(1) An employee organization which has obtained the right, under RCW 28A.72.030, to represent the certificated employees of a school district has the right to represent substitute certificated teachers employed by that school district as well. (2) Except to the extent that the records involved are required to be made under RCW 42.17.250, et seq., (Initiative No. 276), a school district is not required to provide an employee organization with the names and addresses of its substitute teachers.

AGO 1966 NO. 94 >

A flood control district organized pursuant to chapter 86.09 RCW is not subject to the debt limitation provisions of Article VIII, § 6, of the Washington state constitution for the reason that it is not a "municipal corporation" within the meaning thereof.  Accord:  Board of Directors v. Peterson , 4 Wash. 147, 29 Pac. 995 (1892).

AGLO 1975 NO. 94 >

Under § 2, chapter 243, Laws of 1975, 1st Ex. Sess. (RCW 28A.58.0461) proceeds derived from the sale of school district real property may not be used to pay for the acquisition of other such property.