Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1963 NO. 30 >

Under chapter 28.56 RCW a county committee on school district organization may propose and the state board may approve a nonhigh participative plan which is equitable notwithstanding the amount of money to be raised by a nonhigh district as its share in the building program may be greater than the amount of money which could be raised by the district solely by the issuance of bonds.  Where the bonding capacity is reached, any additional amount required must be raised by an excess levy.  RCW 28.56.050.

AGLO 1974 NO. 31 >

Where a school district has entered into a supplemental contract with a certificated employee to serve as high school principal and athletic coach, as provided for in RCW 28A.67.074, the district may not terminate that individual's employment as principal and coach during the term of such contract without compliance with RCW 28A.58.450; it may, however, elect not to renew the contract without compliance with RCW 28A.67.070.

AGO 1961 NO. 33 >

Under the constitution and statutes of this state the retained bonded indebtedness of school districts which consolidate must be considered in computing the bonding capacity of the new (consolidated) district.

AGO 1967 NO. 34 >

(1) Pursuant to § 74, chapter 8, Laws of 1967, Ex. Sess., a common school district previously operating a community college is presently authorized to issue bonds previously authorized by the electorate for common school (k-12) purposes provided (1) the total indebtedness of the district excluding any bonded indebtedness incurred for community college purposes will not exceed 10% of the assessed valuation of the taxable property in the district; and (2) the total indebtedness of the district including any bonded indebtedness incurred for community college purposes will not exceed the constitutional debt limit of the district.  Article VIII, § 6, Amendment 27. (2) In the absence of the availability of other funds with which to discharge general obligation bonds issued by a common school district for community college purposes prior to the effective date of the community college act of 1967 (chapter 8, Laws of 1967, Ex. Sess.), a common school district which issued such bonds is expressly required under § 60 of the act to continue levying and collecting taxes to retire the bonds in accordance with the terms and conditions stated therein.

AGO 1991 NO. 34 >

1.  A school district has the authority to purchase real estate not needed for immediate or future school purposes in order to eliminate a potential health risk and liability stemming from the property.  2.  In purchasing the property a district cannot pay more than the fair market value of the property, unless the district is receiving additional consideration, e.g., seller will provide something in addition to the title to the property such as demolishing structures on the property.  3.  A district may accept donations designated to pay the difference between the appraisal price of the property and the selling price.

AGO 1967 NO. 37 >

When a school district purchases fire and extended coverage insurance protection for the property of the district under a three year contract which it may cancel at any time, and consequently recover any unearned portion of the premium, it may pay the full premium due in accordance with the contract at the time of purchase.

AGLO 1974 NO. 38 >

It would not be unconstitutional under Amendment 61 to the Washington state Constitution for the legislature to amend the state law against discrimination so as to declare certain classifications by sex not to constitute an unfair practice.

AGLO 1975 NO. 39 >

Description of public school financing system in existence at the time of commencement of Northshore School District No. 417 v. Kinnear, 84 Wn.2d 685 (1974); resume of supreme court's decision regarding constitutionality of said system; identification of subsequent legislative changes; evaluation of probable thrust of any future litigation; listing of constitutionally valid alternative approaches to school financing.

AGO 1963 NO. 41 >

Students in public high schools, colleges and universities may be excused from physical education courses on account of physical disability, or religious belief, or because of participation in directed athletics or military science tactics.  Additionally, individual high school students must be excused from physical education courses upon written request of the parent or guardian.

AGO 1965 NO. 42 >

(1) The employee organization which receives a majority vote of the certificated employees in a representation election under § 3, chapter 143, Laws of 1965, is the only employee organization having the right to represent the certificated employees before the board of directors of the district. (2) Same:  Separate employee organizations may not obtain the right under § 3, chapter 143, Laws of 1965, to represent various classes of certificated employees of a school district. (3) Same:  Separate employee organizations may not obtain entitled to represent the certificated employees of a school district under § 3, chapter 143, Laws of 1965, the organization must have a membership open to all classes of certificated employees of a school district with the exception of the chief administrative officer of the district.