Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1977 NO. 51 >

(1) RCW 28A.58.740, which authorizes school districts to invest funds accumulated thereunder in shares of an investment company, must be presumed by this office to be constitutional until otherwise ruled upon by a court of competent jurisdiction; moreover, the constitutionality of any such investments could conceivably depend upon the terms of the particular deferred compensation plan involved. (2) RCW 28A.58.740 does not constitute authority for a state‑regulated credit union to receive funds deposited pursuant to that section.

AGO 1965 NO. 53 >

A member of the board of directors of a school district may be employed as a consultant in a federal migrant day care and education program conducted in his district where the position of "consultant" is under the exclusive control of an independent advisory committee over which the local school board exercises no control either as to employment, removal, or compensation.

AGO 1965 NO. 55 >

(1) The voluntary student transfer program which has been initiated by the Seattle School District No. 1 to alleviate existing racial imbalance in certain of its school facilities is constitutionally defensible. (2) Same :  A school district operating a voluntary student transfer program designed to alleviate existing racial imbalance in certain of its school facilities may obtain reimbursement from the state in accordance with state law for costs incurred in providing transportation to transfer students upon approval by the state superintendent of public instruction of the particular transportation plan even though it does not provide similar transportation to its general student population.

AGLO 1975 NO. 55 >

Except to the limited extent provided for by RCW 28A.60.010 and 28A.01.100, involving temporary circumstances, state law does not authorize a second class school district to select either a teacher or an administrator who does not possess a superintendent's certificate to act as the superintendent or chief administrator of the school district.

AGLO 1977 NO. 55 >

(1) The maximum amount of a given school district's excess property tax levy under § 4(2), chapter 325, Laws of 1977, 1st Ex. Sess., for collection during the following calendar year, is to be computed solely on the basis of the district's basic education allocation for the last completed school year prior to the date of the levy. (2) Explanation of the circumstances under which a school district, pursuant to § 4(4), chapter 325, supra, may be permitted to exceed the levy lid established by § 4(2) thereof, and how the modified levy lid for such a district is to be determined.

AGLO 1976 NO. 55 >

It is not necessary to amend RCW 28A.58.550, relating to execution of executory conditional sales contracts by school districts, to bring that statute into conformity with the uniform commercial code.

AGLO 1974 NO. 56 >

(1) In order to be eligible to the office of school board member a person must be a registered voter of the school district and remain an inhabitant of that area, but a mere temporary physical absence from a given area will not cause an inhabitant to cease to be one. (2) RCW 28A.58.310 contains no restriction upon payment of expenses to a school director by reason of the fact that the point of origin of whatever travel is necessary by him to attend a particular school board meeting is situated outside of the district.

AGLO 1975 NO. 57 >

A discussion of circumstances under which a school district warrant is to be registered so as to draw interest because of insufficient money in the fund upon which the warrant was drawn.

AGO 1961 NO. 59 >

(1) Electors of a school district may authorize, at a special election, the use of monies in the building fund (derived from a special levy but not necessary for immediate expenditure) for general fund purposes. (2) If the school district desires to use the money in the building fund for general fund purposes the matter must be resubmitted to the voters and their approval must be tested by the requirements of the 17th Amendment and RCW 84.52.052.

AGLO 1974 NO. 59 >

(1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.