Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1966 NO. 86 >

(1) A part-time employee of a school district for the purposes of sick leave benefits provided by RCW 28.58.100 (15) (b) is one who is not under contract with the district for a full year.  AGO 63-64 No. 98. (2) The provisions of WAC 248-100-170 do not apply to employees of an independent contractor employed by a school district.  However, the board of directors, in the exercise of its discretion, may make compliance with the health regulations a condition precedent to the execution of a contract. (3) A school district is expressly authorized by RCW 50.04.200 to make payments to the unemployment compensation fund, the same as employers otherwise covered by the act. (4) School employees hired subsequent to the effective date of the 1963 amendment to RCW 28.58.100 (15) are entitled as a matter of right to the minimum benefits set forth in subsections (a) through (h) of RCW 28.58.100.  If these benefits were not granted to such school employees a claim may be made therefor.

AGO 1959 NO. 86 >

After Federal Forest Funds have been allocated by the county commissioners to the county superintendent who apportions them to the school district, the board of directors of the district is the only agency having the power or discretion to direct the use of such funds for specific school purposes.

AGLO 1974 NO. 86 >

Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.

AGLO 1975 NO. 89 >

School district funds, including associated student body funds, may not legally be deposited in a credit union.

AGLO 1975 NO. 90 >

(1) An employee organization which has obtained the right, under RCW 28A.72.030, to represent the certificated employees of a school district has the right to represent substitute certificated teachers employed by that school district as well. (2) Except to the extent that the records involved are required to be made under RCW 42.17.250, et seq., (Initiative No. 276), a school district is not required to provide an employee organization with the names and addresses of its substitute teachers.

AGO 1959 NO. 92 >

(1)  A school district is liable for the payment of interest in an assessment payable in installments and levied against its real property by utility L.I.D. created by a water district.(2)  A school district is not liable for interest or penalties for failure to pay the assessment or any installment when due.

AGO 1962 NO. 93 >

A member of the Washington teachers' retirement system who retires for service under RCW 41.32.480 and thereafter becomes employed as a teacher in the public schools of the state of Washington or another state remains entitled to receive the annuity portion of his retirement allowance, but the pension portion thereof is suspended during the period of employment; except that service may be rendered up to forty-five days per school year without reduction of the pension.

AGLO 1975 NO. 94 >

Under § 2, chapter 243, Laws of 1975, 1st Ex. Sess. (RCW 28A.58.0461) proceeds derived from the sale of school district real property may not be used to pay for the acquisition of other such property.

AGO 1964 NO. 96 >

All elections which a school district is authorized by law to hold, except recall elections in class A and AA counties are to be conducted by election officials appointed by the county auditor pursuant to RCW 29.45.010 and RCW 29.45.030.

AGO 1964 NO. 98 >

(1) The phrase "contract of employment" as used in subsection 15 of RCW 28.58.100 must be construed to include all contracts of employment whether written or oral in respect to the employment of noncertificated employees. (2) A full-time noncertificated employee under contract for a full year is entitled to ten days' sick leave at the beginning of the year, subject to rules and regulations of the board as to the manner of proof of illness or injury.