Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1990 NO. 1 > Jan 9 1990

1.  RCW 28A.05.055 requires school districts to provide education on acquired immunodeficiency syndrome (AIDS) at least once during each school year beginning with the 1988-89 school year.2.  If a school district elects to develop its own AIDS curricula, it need not complete the curricula prior to the beginning of the school year, so long as it is developed in time to provide AIDS education at least once during the school year.

AGO 1999 NO. 3 > May 10 1999

The Legislature may by law authorize the investment of moneys in the Permanent Common School Fund, and may define by statute the manner in which such funds may be invested.

AGO 1997 NO. 4 > Oct 7 1997

1.It would not violate article VIII, section 7, of the state constitution to include privately-owned and operated schools and colleges in the K-20 Educational Network, provided that the private schools and colleges provide consideration in the form of monetary payment and valuable services. 2.It would not violate article I, section 11, or article IX, section 4, of the state constitution to include religiously-affiliated schools and colleges in the K-20 Educational Network, provided that there is consideration in the form of monetary payment and services, and provided that the Network is not operated in such a way as to violate the constitution.  

AGO 2006 NO. 5 > Feb 10 2006

An “independent professional educators’ association” which defines itself as not engaging in bargaining on behalf of educational employees concerning wages, hours, or terms and conditions of employment is not an “employee organization” as set forth in RCW 41.59.020(1).

AGO 2000 NO. 5 > Jul 5 2000

It is consistent with the state constitution for the state investment board to use its statutory authority to purchase stocks and other corporate equities as part of its investment of funds in the advanced college tuition credit account.

AGO 1998 NO. 6 > Mar 9 1998

1.  The Legislature has discretion to prescribe the specific duties of the Superintendent of Public Instruction and to create agencies and institutions to administer the state's public education system; however, it must respect the constitutional language granting the Superintendent "supervisory" power over the public school system. 2.  The public school system, for purposes of defining the constitutional "supervision" authority of the Superintendent of Public Instruction, includes the common school system of elementary, intermediate, and high schools, and would also include normal schools and technical schools if the Legislature were to create any. 3.  The Legislature may not "delegate" to another officer or agency the "supervision" authority of the Superintendent of Public Instruction over the public schools; however, with this restriction, the Legislature has broad discretion to create state and local agencies and institutions to administer the public education system, and to define their respective powers and duties.

AGO 2009 NO. 8 > Dec 11 2009

1. The Legislature may create a basic education program of early learning that is limited to students who are at risk of educational failure.  However, article IX, section 1 of the Washington Constitution would preclude limiting such a program to students from low-income households, absent a showing that low family income is an accurate proxy for the risk of educational failure.  This would include showing that other students facing the risk of educational failure are not excluded based on family income.

AGO 1990 NO. 13 > Nov 1 1990

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.

AGO 1991 NO. 16 > Apr 4 1991

1.  The Legislature has established limits upon community college enrollment.  As a creature of statute a community college must have specific statutory authority to enroll students in excess of those authorized by the Legislature.   2.  RCW 28B.50.140(16) authorizes community colleges to offer educational services on a contractual basis to private and governmental entities.  The students receiving instruction pursuant to such a contract do not fall within the enrollment lid.  However, RCW 28B.50.140(16) does not authorize community colleges to avoid the enrollment lid by enrolling students on a contract basis when those students are treated the same as any other student and pay the same tuition and fees.                                                         

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