Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1953 NO. 77 >

The emergency school construction act of 1953 does not create a "revolving" fund; the question of deductions from future state funds available to school districts which have received emergency allotments is to be determined ten years after such allotments are made.

AGO 1964 NO. 77 >

(1) Chapter 41, Laws of 1963, which authorizes a school district to condemn and appropriate not more than 75 acres "for any community college or vocational technical school purpose" does not impose any limitation upon the general power of a district to acquire additional acreage by means other than by condemnation. (2) A school district may legally condemn no more than 75 acres of land for the operation of a community college, even though the community college may offer separate vocational and academic programs.

AGO 1966 NO. 77 >

Under § 1, chapter 162, Laws of 1965, Ex. Sess., the legislature has vested the state superintendent of public instruction with the discretionary authority to accelerate, upon petition of a school district, the distribution to it of appropriated state funds not to exceed five percent of the total amount to become due and apportionable to the petitioning district during its fiscal year, if he finds:  (1) The emergency situation described in the petition of the district warrants such an advance distribution; and (2) funds are available with which to make the advance distribution.

AGO 1964 NO. 79 >

(1) The sums deposited to the credit of a school district under the authority of RCW 54.28.090 may become a part of the school district's general fund, building fund, or both. (2) Payments received by school districts under RCW 54.28.090 may only be considered receipts for the purpose of RCW 28.41.080 if they are in fact deposited in the school district's general fund.

AGO 1966 NO. 79 >

 (1) Under § 3, chapter 49, Laws of 1965, Ex. Sess., a certificated employee of a school district who transfers to another district which has adopted a salary schedule based upon seniority and occupational status, must be granted a salary equal to that of a person of the same status and seniority in the district.  (2) The benefits guaranteed to a transferring teacher under § 3, chapter 49, Laws of 1965, Ex. Sess., may not be waived or relinquished.  (3) Chapter 49, Laws of 1965, operates prospectively only; therefore, a contract executed before the effective date of the act is not governed by the provisions of the new act.

 

AGLO 1974 NO. 80 >

The provisions of RCW 79.01.780 require a reversion to the state of the interest conveyed under either RCW 79.01.096 or 79.01.770 in the event the land thus acquired has not been utilized for a school site for that seven-year period immediately preceding a given annual determination by the board of natural resources ‑ regardless of whether or not the land may have earlier been so utilized for seven previous years.

AGLO 1975 NO. 81 >

In order for attendance credit to be allowed to a school district for the attendance of a student under the age of 21 years who resides in another district, as provided for by § 2, chapter 66, Laws of 1975, 1st Ex. Sess., an agreement between the two school districts must first have been made in accordance with RCW 28A.58.240.

AGO 1961 NO. 83 >

The board of directors of a school district does not have the authority under § 1, chapter 224, Laws of 1961, to make repairs and improvements to school district property, through its shop and repair department, where the total cost of the repairs or improvements will exceed the sum of $2,500.00.

AGO 1961 NO. 84 >

(1) Where several senior members on the teaching staff of a school district during the school year 1960-61 have retired or transferred from the district their salaries need not be considered by the district in fixing the basis on which salaries must be increased pursuant to the 1961 appropriation act. (2) Where the salary of any classroom teacher in a district is increased beyond the amount stated in an existing contract by virtue of the increase required under the 1961 appropriation law, the contract should be amended to reflect the increase.

AGO 1966 NO. 84 >

1. A school district does not have to obtain a conditional use permit in order to construct a school building on a particular site in an unincorporated area of a county which has adopted the provisions of the planning enabling act (chapter 36.70 RCW) except where the district desires to qualify for state financial assistance in construction of said building. 2. A school district does not have to obtain a building permit in order to construct a school building on a particular site in an unincorporated area of a county except where the district desires to qualify for state financial assistance in construction of said building.  3. When a school district for any reason applies to the county for a conditional use permit or a building permit it must pay the fees otherwise chargeable to other applicants.