Other Languages(1) Subject to the qualifications stated below, a school district may lease its surplus facilities, under RCW 28A.58.040, to private schools, profit or nonprofit organizations or other governmental agencies so long as the leasing thereof will not interfere with the building's use for school purposes and the tenancy to be granted will not place the facility beyond the control of the district in the event it again becomes necessary for school purposes. (2) In all such cases some rental, either in money or something of equivalent value, must be paid; and with the exception of a rental to another governmental agency, that rent must be such as will (a) fully compensate the school district for its costs and expenses and (b) encompass the fair rental market value of the rented premises. (3) If the lease is either to a church-related school or to a private group for the conduct of religious worship or instruction, the property being rented must be sufficiently remote from other property being retained for school purposes to avoid the appearance of an endorsement of the religious activities of the lessee and also prevent any sectarian influence of the remaining public school operations. In addition, a procedure, preferably involving competitive bidding, must be utilized in the formation of the lease which will assure that all prospective tenants, religious or otherwise, have an equal opportunity to rent the property.
(1) Article VI, § 4 of the Washington Constitution does not prevent a student in school from establishing a voting residence where he is living while attending school if he has an actual intent to establish that place as his home either permanently or indefinitely for an appreciable period of time.(2) The existing law regarding the voting residence of students would not be materially changed by the enactment of a statute providing that students attending any institution of learning may be registered to vote where they reside in the vicinity of such institution if they declare that they have no present intention to move to any other voting area.
1. RCW 28A.305.130(8) empowers the State Board of Education to adopt rules to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools. RCW 28A.305.130(8) does not authorize the State Board to adopt a rule prohibiting corporal punishment in the public schools. 2. RCW 28A.305.160 empowers the State Board of Education to adopt rules prescribing the substantive and procedural due process guarantees of pupils in the common schools. RCW 28A.305.160 does not authorize the State Board to adopt a rule prohibiting corporal punishment in the public schools. RCW 28A.305.160 does empower the State Board to adopt rules to ensure that corporal punishment is reasonable and moderate.
1. Under current U. S. Supreme Court case law, it would not be constitutional for the officers or employees of a school district (or other governmental entity operating a school) to plan for and include prayer as a part of a commencement exercise or similar official school function. 2. Under current Ninth Circuit case precedent, it would not be constitutional for a school district (or other governmental entity operating a school) to allow its students to include prayer as a part of a student-planned commencement exercise or similar official school function. 3. Private, non-disruptive prayers at commencement exercises, which are not a part of the planned program and which do not disrupt it, are constitutional under current case law. 4. Because the state constitution is stricter than the federal with regard to the support of religion with public funds and/or property, there is no purpose to be served in separately analyzing the state constitutional issues raised by prayer at commencement programs.
Legislation providing for a mandatory minute of silence at the commencement of each school day in the public schools of our state, to be observed for meditation or prayer at the discretion of the students involved, would, if enacted by the state legislature, be constitutionally defensible.
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1. The Legislature has authorized, but has not required, that the payments to be made to the Health Care Authority under RCW 28A.400.400 to reduce health insurance premiums for retired school employees be made from certain funds appropriated in the budget for insurance benefits for current school employees. 2. Money paid to the Health Care Authority for health care benefits for retired school employees should be disregarded in calculating the amounts paid by a school district for salary and benefits for current employees for purposes of applying the compensation limitations established pursuant to RCW 28A.400.200. 3. A school district has discretion to make the payments to the Health Care Authority required by RCW 28A.400.400 out of the appropriation for employee insurance benefits, or out of other funds; therefore, the exercise of that discretion affects the wages and working conditions of current employees and is a lawful subject for collective bargaining between the employees and the district.
1. RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(3) provides that school districts may offer separate but equal athletic teams for each sex. The Superintendent thus is not authorized to adopt the portions of WAC 392-190-025 and -035 that limit school districts' ability to provide or sponsor separate but equal athletic teams for males and females. To have separate but equal athletic teams, however, school districts must comply also with constitutional restrictions. 2. RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(4) provides that separation is permitted within physical education classes. The Superintendent thus is not authorized to adopt the portions of WAC 392-190-050 that limit school districts' ability to provide separate but equal physical education classes for males and females. To have separate but equal physical education classes, however, school districts must comply also with constitutional restrictions. 3. RCW 28A.85.020 and .030 and WAC 392-190 may apply to the use of school district playing fields by private sports leagues. The application of these statutes and administrative rules depends on the nature of the relationship between the school district and the private sports league.
The provisions of RCW 43.09.210 do not prohibit a school district from transferring to its general operating fund certain federal forest funds initially placed in the district's capital projects fund by the school board but not appropriated by the board for a capital projects purpose.
A ballot title for a school district excess levy election may exceed the twenty word limit set forth in RCW 29.27.060 only to the extent necessary to cause such title to be in compliance with RCW 84.52.054.