Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1958 NO. 193 >

A county committee on school district organization may transfer territory from one school district to another when such territory is situated within the boundaries of a military reservation over which the U. S. has assumed exclusive jurisdiction.

AGO 1956 NO. 211 >

1. The board of directors of a first class school district is authorized to purchase and hold either real or personal property without a vote of the district electors and may purchase options to purchase real estate if it has provided for such expenditures in its budget.  The board of directors of a second class school district is authorized to purchase real estate contiguous to a school site upon which a schoolhouse is situated by unanimous vote of the board, but to purchase real estate non-contiguous [[noncontiguous]] requires a vote of the majority of the electors of the district, and the board of directors of a third class school district is authorized to purchase additional sites either contiguous or non-contiguous [[noncontiguous]] only when authorized by a majority of the vote of the electors of the district.  2. There is no statutory limitation on the time for which an option to purchase real estate may run.

AGO 1954 NO. 214 >

Non-High school districts may not make capital contributions for the construction of high school buildings located in another non-high school district.

AGO 1958 NO. 229 >

Board of directors of a school district is legally authorized to enter into collective bargaining agreements with union representing the district's custodial employees.

AGO 1956 NO. 229 >

A public utility district may enter into an agreement to compensate a school district for loss of taxes occasioned by purchase of private property within the school district by the P.U.D .

AGO 1958 NO. 230 >

(1)  A school district may not levy an excess tax levy in an amount greater than is required for payment of principal and interest due on school district bonds in the particular year for which the levy is made. (2)  A school district may not increase the excess tax levy in order to exercise an option to redeem bonds prior to the fixed date of maturity. (3)  A surplus in the bond redemption fund should be used to retire bonds which are subject to redemption.  If not so used, it must be considered in determining the amount of excess tax levy when the next budget is prepared.  (4)  The board of county commissioners does not have authority to fix the excess tax levy for the bond redemption fund at a different amount than the amount certified by appropriate authorities.

AGO 1956 NO. 230 >

The regulation of the School Emergency Construction Commission which prescribes minimum standards a school district must meet in order to be eligible for state emergency construction funds is in conflict with state law.  The statute is controlling.

AGO 1956 NO. 232 >

(1) Under some factual situations a school district may be liable in case of injury to a school patrolman while on patrol duty. (2) School districts have specific authority to insure members of a school patrols.(3) School districts have implied authority to insure themselves against liability for other injuries.

AGO 1956 NO. 239 >

Chapter 67.20 RCW, which empowers separately organized park districts to acquire land for swimming pools, to build, operate and maintain swimming pools, to enact police regulations therefor and to contract with other governmental units for conducting a recreation program, does not increase the power of a metropolitan park district organized pursuant to chapter 35.61 RCW so as to permit such a district to create local improvement district for the construction of a swimming pool. Chapter 67.20 RCW does not empower a first class city, either independently or jointly with a county and school district, to form a local improvement district for financing the construction of a swimming pool, where part of the area to be benefited by the improvement and thereby assessed therefor, lies outside the city limits and within the area of the county and/or the school district.

AGO 1952 NO. 258 >

Legal, but not customary, for a school district to pay an architect's fee of six per cent of the total cost of labor and materials, including the sales tax.