Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1999 NO. 3 >

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 1995 NO. 3 >

1.  The state constitution does not prohibit schools from adopting a "limited open forum" policy for student organizations making use of school districts' facilities, even where federal law requires that equal access be granted to student groups for religious purposes, so long as it is clear that the school district maintains a neutral position on religious matters.  2. A school district may recognize student groups engaged in religious activity and grant such groups access to school time and space on the same basis offered to other student organizations, so long as the district grants equal access to all points of view and neither endorses nor opposes the activities of any particular group.

AGO 1973 NO. 3 >

A school district, as a condition of reemployment of its certificated teachers for a new school year, may require such teachers to sign and return their formal written employment contracts within a specified, reasonable period of time after the mailing of these contracts to the teachers.

AGO 1997 NO. 4 >

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 1961 NO. 4 >

(1) Under the provisions of RCW 35.13.130 the board of directors of a school district is not entitled to sign a petition for annexation. (2) The property of the school district may comprise a part of the area to be annexed provided the value thereof does not enter into the computations prescribed by RCW 35.13.130.

AGO 1972 NO. 5 >

(1) RCW 28A.58.420, as amended by § 2, chapter 269, Laws of 1971, 1st Ex. Sess., permits but does not require all school districts to make available to their employees an insurance program which would include medical or health care coverage entitling the beneficiaries to utilize the services of those practitioners who are licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57 and 18.71 RCW.(2) If an insurance contract procured by a school district for its employees under RCW 28A.58.420, as amended, does include medical coverage relating to services which can be rendered by more than one of the above enumerated classes of licensees, the contract must then entitle the beneficiaries to choose between the services of each of those categories of licensees which are authorized to treat the particular covered illness or injury in question.(3) Where the board of directors of a school district is providing medical or health care insurance coverage for its employees under RCW 28A.58.420, as amended, it is not necessary that the contract for insurance or protection allow its beneficiaries to utilize the services of any practitioners in this state licensed pursuant to the enumerated RCW chapters; instead, it is permissible for the insurance contract to afford to those beneficiaries only the services of a designated list of named licensees practicing in a particular geographical area.

AGO 1965 NO. 5 >

The voters in a second class school district must authorize the construction of any school but need not approve the financing thereof where the cost is to be paid from funds received under Public Law 815 or chapter 54.36 RCW.

AGO 1981 NO. 5 >

(1) School districts are not entitled to be reimbursed by the state under the provisions of Initiative No. 62, § 6 (1) for the additional costs resulting from the sick leave cash out provided for by RCW 28A.58.097.(2) The added costs resulting from the aforesaid sick leave cash out program are subject to the "full funding" requirement for basic education (K-12) imposed by Washington Const., Article IX, § 1; however, this does not necessarily mean that the total amount paid by a school district to its eligible employees pursuant to RCW 28A.58.097 will have to be covered by the amount which the legislature is constitutionally required to appropriate for basic education.(3) Because Initiative No. 62 is not a constitutional amendment, it does not have the effect of voiding legislation imposing additional costs on local taxing districts without compliance with § 6(1) thereof; rather, the legal effect of enacting such legislation would be the incurrence of a potential state liability for reimbursement to the extent, and in the manner, thus required.

AGO 1979 NO. 6 >

Certain proposed legislation now pending before the state legislature (see Senate Bill No. 2241 and House Bill No. 502) to require specified immunizations of school age children as a prerequisite for admission to public or private schools would, if enacted as drafted, be constitutionally valid.

AGO 1980 NO. 6 >

In the enforcement of the state compulsory school attendance law as amended by chapter 201, Laws of 1979, 1st Ex. Sess., a juvenile court has only the limited jurisdiction (by virtue of § 2 of that act) to impose the non-criminal monetary penalty provided for in RCW 28A.27.100 as amended by § 6 of chapter 201, supra; however, assuming that this fine or penalty has been invoked in a given case and the juvenile in question fails to pay it, that juvenile may then be declared to be in contempt of court, whereupon the court will then have jurisdiction to deal with the child as a "juvenile offender" under the provisions of chapter 13.40 RCW.