Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2003 NO. 7 >

It would not be unconstitutional for a school district to operate a school breakfast program in such a manner that public funds are used to pay the difference between the amount reimbursed by the federal government for providing meals to eligible students and the total cost of the program where (1) federal eligibility is based on income status; (2) districts would save substantial administrative costs in federal reporting requirements by using such a system; and (3) the school education program benefits where students are properly fed.

AGO 1955 NO. 9 >

To validate a proposed consolidation of whole existing school districts with part of an existing district, an election is required to obtain majority vote of the electors of each whole district separately and a majority vote of the electors of the part district residing within the proposed new district.

AGO 1996 NO. 9 >

RCW 28A.400.280 requires a school district to offer some form of each of the five "basic benefits" defined in RCW 28A.400.270, before it can expend school funds for additional or alternative "optional" benefits.

AGO 2005 NO. 9 >

When a school district board of directors adopts a resolution pursuant to RCW 28A.530.020, it must identify the maximum amount of indebtedness and maximum term of any bonds to be issued.  In addition, the resolution must identify the specific buildings to be affected and must contain such other information as will fairly inform voters of the general nature and extent of the project(s) to be funded.

AGO 1996 NO. 10 >

1.  Under current U. S. Supreme Court case law, it would not be constitutional for the officers or employees of a school district (or other governmental entity operating a school) to plan for and include prayer as a part of a commencement exercise or similar official school function.  2.  Under current Ninth Circuit case precedent, it would not be constitutional for a school district (or other governmental entity operating a school) to allow its students to include prayer as a part of a student-planned commencement exercise or similar official school function.  3.  Private, non-disruptive prayers at commencement exercises, which are not a part of the planned program and which do not disrupt it, are constitutional under current case law.  4.  Because the state constitution is stricter than the federal with regard to the support of religion with public funds and/or property, there is no purpose to be served in separately analyzing the state constitutional issues raised by prayer at commencement programs.

AGO 1988 NO. 13 >

1.A school district may not impose a bond levy and issue negotiable bonds solely for the purpose of acquiring computers, other equipment, or furniture.2.A school district may not impose a six-year levy of taxes under article 7, section 2, of the state constitution, solely for the purpose of acquiring computers, other equipment, or furniture.3.A school district which undertakes a modernization project involving major structural changes may use six-year levy proceeds for the project and the project may include the acquisition and installation of new and replacement equipment and furniture.  

AGO 1987 NO. 14 >

We would advise against school district employees performing catheterization without a medical license.

AGO 1989 NO. 15 >

 1.In order to be lawful, "incentive payments" made to certificated school district personnel under the authority of RCW 28A.58.0951(4) must be related to some identifiable, measurable "incentive" defined in a district policy or contract and amounting to more than the performance of duties and functions defined by statute as "basic education". 2.A school district must retain documentation of eligibility for payments made under RCW 28A.58.0951(4), but the exact form of the documentation depends on the nature of the payments and the policy choices of the State Auditor under RCW 43.09.200.

AGO 1989 NO. 17 >

1.School districts may lease surplus school district property to public or private entities on the condition that the leased property be used for an adolescent health care clinic, where the board of directors finds that such a use is compatible with the district's other uses for its property and where the clinic is not, directly or indirectly, operated or controlled by the school district itself (see AGO 1988 No. 2).2.School districts may lawfully refer students to adolescent health care clinics, whether located on school premises or elsewhere, and may distribute parental consent forms to students describing the services of the clinics. 3.A school district has no authority to advertise or promote the services of an adolescent health care clinic located on school district property; school districts may distribute information about such a clinic to students, parents, and/or district employees without "advertising" them in the ordinary sense of the word.4.An adolescent health care clinic located on school district property is free to promote or advertise its services in any lawful manner, depending on the nature of the entity operating the clinic.

AGO 1957 NO. 17 >

A school district of the second or third class may convey real property to a town for street purposes without a direction by vote of the school district under procedure specified in RCW 28.58.045 or RCW 39.33.010