Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 16 >

The provisions of Article XIII, § 1 of the Washington Constitution do not mean that it would be unconstitutional for the legislature to repeal chapters 72.40 through 72.42 RCW which establish, and relate to the operation of, the state schools for the blind and deaf.

AGO 1981 NO. 16 >

Although a reduction (from 183 to 180) in the number of days in the current (1981-82) school year during which the certificated employees of a certain school district will be required to work, when coupled with a continuation of the same annual salaries as were paid during the previous (1980-81) school year, will result in a "salary increase" in the literal sense as that term is used in § 1, chapter 16, Laws of 1981, such a salary increase would not, by and of itself, trigger the restrictive provisions of the subject legislation.

AGLO 1973 NO. 16 >

Chapter 63, Laws of 1972, 2nd Ex. Sess., provides the exclusive method for annexing the whole of the Fort Lewis Military Reservation to either Dupont-Fort Lewis or Clover Park School District.

AGO 1969 NO. 16 >

(1) A board of county commissioners will be in compliance with § 18, chapter 176, Laws of 1969, Ex. Sess., if, during the remainder of the calendar year 1969, it pays to the intermediate school district in which it is located an amount equal to one half of the amount which the county appropriated to the budget of its county superintendent of schools for the entire year 1969. (2) A county's payments to the intermediate school district in which it is located, as provided for in § 18, chapter 176, Laws of 1969, Ex. Sess., may be transmitted on a monthly basis rather than being made in the form of a single lump sum payment. (3) A county's payments to the intermediate school district in which it is located may be made by county warrants drawn upon the county current expense fund. (4) In making the payment from its current expense fund to the intermediate school district in which it is located, a county is not authorized to withhold from the amount to be paid a sum sufficient to pay the salary of its county superintendent of schools during the remainder of his term of office. (5) The board of county commissioners of the county which is providing office facilities for an intermediate school district may not require the district to make payment to the county for the use of these facilities. (6) A board of county commissioners may not charge an intermediate school district for the services rendered to the district by its county prosecutor, treasurer, or auditor. (7) It is permissible for an intermediate school district, in accordance with its own budget, to pay one of its employees a salary in excess of the amount which was budgeted for that employee, as a county superintendent's employee, by a board of county commissioners.

AGO 1982 NO. 17 >

In view of restrictions contained in the 1981-83 appropriations act, as last reflected in chapter 50, Laws of 1982, 1st Ex. Sess., school districts are not legally permitted to grant salary increases (other than as permitted by RCW 28A.58.095(3)) for the 1982-83 school year prior to June 30, 1983, except in the case of those employees who are covered by contracts entered into prior to April 20, 1982 which entitle the subject employees to salary increases during the 1982-83 school year prior to June 30, 1983.

AGO 1965 NO. 17 >

A school district, through its board of directors, may legally contract for fire, theft and liability insurance covering a period of years, the premiums of which are payable in annual installments over the life of the contract.

AGO 1963 NO. 17 >

(1) A member of a county board of education disqualifies himself from holding that office by changing his residence from the board-member district from which he was elected to another board-member district (and school district) wherein another member of the board resides. (2) Same :  Such disqualification of a county board member automatically creates a vacancy in said office.

AGO 1977 NO. 17 >

(1) The restrictions upon the use of excess property tax levy revenues for salary increase purposes imposed by § 4(3) of chapter 325, Laws of 1977, 1st Ex. Sess.  (the "levy lid act") also apply to revenues from levies authorized prior to the effective date of the act which either (a) have not yet been collected or (b) have been collected but were not yet disbursed or obligated for salary increase purposes, as of the effective date of the act.  (2) School districts may use other funds appropriated by §§ 96 through 109 of Chapter 339, Laws of 1977, 1st Ex. Sess. (the 1977-79 biennial appropriations act), or any non-state appropriated funds (such as receipts from the one percent tax on real estate transactions) which are legally available for the payment of salaries, to increase salaries of certificated or classified employees beyond the increases specifically funded by subsection (1) of § 96 of Chapter 339, supra .

AGO 1979 NO. 18 >

(1) Evaluations of teaching materials by a school district in public hearing pursuant to RCW 28A.58.758(2)(f) may be conducted either by the school board or by the administrative staff of a school district.  (2) RCW 28A.58.758(2)(f) and RCW 28A.58.103(1)(e) do not provide alternative means for processing complaints registered by parents, guardians or custodians of students with respect to teaching materials deemed by them to be objectionable. (3) Films used for teaching purposes are included within the term "teaching materials" as used in RCW 28A.58.758(2)(f). (4) The legislature has not prescribed any particular rules of procedure to govern the conduct of an evaluation of teaching materials in public hearing pursuant to RCW 28A.58.758(2)(f); instead, each school district board of directors should be viewed as having the power to establish its own rules of procedure within the confines of judicially approved standards.

AGO 1983 NO. 18 >

Read together, the provisions of RCW 28A.58.095 and the 1983-85 Biennial Operating Appropriations Act do not permit school districts to pool the total amount of money allowed for certificated and classified employee medical insurance benefits in order to provide each employee, regardless of the class of employees to which he or she belongs, an equal employer insurance benefit contribution.