Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 6 >

The board of directors of a first class school district may elect as its secretary under RCW 28.62.030 the same individual employed under RCW 28.62.180 (1) as superintendent of schools.

AGO 1994 NO. 6 >

1.  RCW 28A.530.010 authorizes school districts to issue bonds for certain capital projects.  The acquisition of school buses is not a capital project.  Therefore, the proceeds of bonds issued pursuant to RCW 28A.530.010 cannot be used to acquire school buses. 2.  RCW 28A.530.080 authorizes school districts, under certain circumstances, to issue bonds without a vote of the people.  Proceeds of bonds issued pursuant to RCW 28A.530.080 may be deposited in the transportation vehicle fund.  One purpose of this fund is to acquire school buses. 3.  If the proceeds of bonds issued, without a vote of the people, pursuant to RCW 28A.530.080 are deposited in the transportation vehicle fund, the proceeds may be used to acquire replacement school buses.

AGO 1998 NO. 6 >

1.  The Legislature has discretion to prescribe the specific duties of the Superintendent of Public Instruction and to create agencies and institutions to administer the state's public education system; however, it must respect the constitutional language granting the Superintendent "supervisory" power over the public school system. 2.  The public school system, for purposes of defining the constitutional "supervision" authority of the Superintendent of Public Instruction, includes the common school system of elementary, intermediate, and high schools, and would also include normal schools and technical schools if the Legislature were to create any. 3.  The Legislature may not "delegate" to another officer or agency the "supervision" authority of the Superintendent of Public Instruction over the public schools; however, with this restriction, the Legislature has broad discretion to create state and local agencies and institutions to administer the public education system, and to define their respective powers and duties.

AGLO 1980 NO. 7 >

Funds appropriated by §§ 14 and 15 of chapter 118, Laws of 1979, 1st Ex. Sess., for administration of the mandatory school immunization program thereby established may not be disbursed to private, church-related schools (a) because of a lack of statutory authority and (b) because of the constitutional prohibitions in Article IX, § 4 and Article VIII, § 7 of the Washington Constitution; the legislature, however, could make certain suggested amendments to the law which, if enacted, would establish a constitutionally permissible contractual basis for such payments.

AGO 2003 NO. 7 >

It would not be unconstitutional for a school district to operate a school breakfast program in such a manner that public funds are used to pay the difference between the amount reimbursed by the federal government for providing meals to eligible students and the total cost of the program where (1) federal eligibility is based on income status; (2) districts would save substantial administrative costs in federal reporting requirements by using such a system; and (3) the school education program benefits where students are properly fed.

AGO 1989 NO. 7 >

WAC 392-121-260(3)(c) as adopted by the Superintendent of Public Instruction is invalid as inconsistent with state statute to the extent that it purports to allow permanent credit for in-service training in a manner inconsistent with the state‑wide salary allocation schedule adopted by the Legislature for common-school certificated employees.

AGO 1968 NO. 7 >

(1) A person who is certificated as a school nurse by the state board of education under the Washington Administrative Code (WAC) 18-84-075 through 090, but who does not hold a certificate which will entitle her to be assigned to a teaching position as a certified teacher, is not a "certificated employee" for the purposes of chapter 143, Laws of 1965.(2) A school nurse, who is not employed in a supervisory capacity for a school district, and is not employed as a teacher, is not covered by the provisions of RCW 28.58.450 or RCW 28.67.070.

AGO 2003 NO. 8 >

WAC 180-90-112, which permits private schools to hire non-Washington state certificated teachers under certain circumstances, is not inconsistent with the statutory requirements for private schools as set forth in RCW 28A.195.010.

AGO 1995 NO. 8 >

It would violate the state and federal constitutions to place students at state-funded colleges and universities and student teachers in "pervasively religious" elementary or secondary schools, as defined in case law; whether a particular school is "pervasively religious" must be analyzed on a case-by-case basis.

AGO 1990 NO. 8 >

An individual school district cannot finance the acquisition of real property for school district purposes by borrowing funds from an institutional lender and securing payment of the obligation with a mortgage on the property acquired with the loan proceeds.