Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1991 NO. 19 >

1.  Chapter 48.52 RCW authorizes school districts and educational service districts to join together to create a risk management pool pursuant to chapter 39.34 RCW, the Interlocal Cooperation Act.  The risk management pool thus created may take the form of a separate legal or administrative entity.  2. The Interlocal Cooperation Act does not authorize the exercise of any new substantive powers by the public agencies that enter into interlocal cooperation agreements.  Since educational service districts do not have the authority to issue short-term obligations, a separate legal entity created by educational service districts and school districts does not have the authority to issue short-term obligations.

AGO 1968 NO. 19 >

It will not be possible for a school district or other taxing district to which the present 40-mill limit is applicable, in anticipation of the possible passage of S.J.R. 23 at the November, 1968, election, to prepare and submit to the voters of the district at the same election a proposal for two consecutive annual tax levies in excess of the 40-mill limit, since the procedures set forth in RCW 84.52.052 will continue to govern such excess levy propositions until the statute is amended by the legislature.

AGLO 1980 NO. 19 >

A prosecuting attorney who is in possession of records or other documentary evidence relating to an alleged offense by a juvenile to which chapter 13.50 RCW applies may not, on that basis, release those records or documents to an attorney representing the local school district, one of whose schools the juvenile in question is attending.

AGO 1980 NO. 19 >

(1) Revenues, such as the receipts from the sale of admission tickets and paid advertisements, which are realized from the conduct of state athletic tournaments by the Washington Interscholastic Activities Association constitute private funds of the association and not public funds of the participating school districts and/or their student bodies.(2) The expenditure of public funds by a school district to pay travel, lodging, salary and other expenses incurred by the district as a result of the district's participation in a state athletic tournament conducted by the Washington Interscholastic Activities Association does not constitute a gift of public money or property to the association in violation of Article VIII, § 7 of the Washington Constitution.

AGO 1973 NO. 19 >

The provisions of chapter 64, Laws of 1973, Ex. Sess., which on and after July 1, 1974, will require certain municipal corporations holding property situated within or adjacent to a fire protection district to contract with such district for fire protection services, are applicable to school districts holding such property.

AGO 1981 NO. 20 >

(1) RCW 28A.58.754(5), as amended by § 1, chapter 250, Laws of 1979, 1st Ex. Sess., permits a school district to conduct its graduation exercises five days prior to the end of the normal 180-day school year and then release the graduating seniors from any further school attendance requirement.(2) Even if a school district elects not actually to conduct graduation exercises five days prior to the end of the 180-day school year, the district may nevertheless simply release all of its graduating seniors from any further requirement of class attendance during the five‑day period and is not, instead, required to operate some form of noninstructional program (for students wishing to participate) for which attendance records are to be maintained.

AGO 1959 NO. 21 >

(1)  A school bus cannot be loaded or unloaded without the use of the prescribed stop sign even though the bus can be driven off the road or right of way. (2)  School buses must use the prescribed stop sign in unloading and loading either at the school or other places in the city. (3)  A school bus cannot be stopped for the purpose of loading or unloading children in the main traveled right lane with the stop sign extended even where it is possible to drive the bus off the road.

AGLO 1978 NO. 21 >

Properly interpreted, the provisions of WAC 180-16-205(4)(b) constitute a legally defensible administrative regulation of the state board of education in implementation of the requirement of RCW 28A.41.140 that annual average full time equivalent classroom teacher's direct classroom contact hours shall be at least twenty-five hours per week.

AGO 1979 NO. 21 >

The term "private school," as used in RCW 28A.27.010 requiring attendance by children between prescribed ages at either the public school of the district in which the child resides or a "private school," still denotes an "approved private school" as defined in the last paragraph of the statute‑-notwithstanding the amendment contained in § 4, chapter 201, Laws of 1979, 1st Ex. Sess.

AGO 1974 NO. 21 >

(1) Some form of official action by the board of directors of a school district is required in order to authorize the district to engage in interscholastic athletic events as a part of its over-all educational program for which district funds are expended. (2) Where a school district, at district expense, provides an athletic stadium and the various kinds of uniforms and equipment used in interscholastic athletic competition, and pays coaches' salaries, the district may charge an admission fee for attendance at athletic events by nonstudent school patrons; and it may bind itself contractually to sell reserved seat season tickets to its athletic events for several years in advance, subject to the applicable principles of law concerning the power of public officials to bind their successors in office. (3) When the board of directors of a school district has by appropriate action authorized the expenditure of school district funds for interscholastic athletic activities, and such activities have been paid for in whole or in part out of the district's general operating funds, the directors may not permit the district's student body association to keep and utilize such gate receipts as it derives from these activities without accounting for them or reimbursing the school district funds thus expended. (4) A school district, in lieu of purchasing athletic uniforms and equipment out of its general operating funds in accordance with AGO 1973 No. 22 [[to Elmer W. Stanley, Executive Director, Washington State School Directors' Association on October 30, 1973]], may continue to purchase those items with its student body funds.