Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1959 NO. 24 >

Retired teachers receiving pensions from the teachers' retirement system may not authorize and have deducted from their pension payments a specified monthly amount required to pay the premium of a medical aid plan.

AGO 1968 NO. 24 >

When a student enrolled in a public school is being transported to and/or from school at the commencement or end of the school day by his parent, or some other person at the direction of the parent (e.g., either because the particular school district does not provide transportation or because the parent prefers to transport the child himself) neither the school district nor its employees can be regarded as having assumed and exercised control over the transportation so as to incur any liability in case of injury to the student.

AGLO 1975 NO. 25 >

Under existing law, a noncharter county may not expend federal revenue sharing moneys to fund a portion of the operation of a day care center for children of working mothers which is operated by a nonprofit corporation; however, to the extent permitted by Article VIII, § 7 of the state constitution such authority would be granted by the passage of House Bill No. 384 or Senate Bill No. 2151, currently pending before the 1975 legislature.

AGO 1973 NO. 25 >

(1) The board of directors of a public school district in this state is required by existing law to adopt an annual salary schedule for all of its certificated employees within the meaning of RCW 28A.67.066; it is not, however, so required by any specific statute to adopt official policies with regard to (a) the maximum number of students in a classroom; (b) the number of elementary specialists to be used in connection with such subjects as physical education and music; (c) secondary planning periods; or (d) a schedule calendar.  (2) The provisions of the "professional negotiations act" for school district certificated personnel (chapter 28A.72 RCW) permit but do not require the board of directors of a school district (or a committee thereof) to "meet, confer and negotiate" with the representatives of a duly designated employee organization as to proposed school policies initiated by that organization rather than by the board itself, except where those proposals are submitted by the employee organization as counterproposals during the course of pending negotiations on school policies initially proposed to be adopted by the board.

AGO 1959 NO. 25 >

(1)  Term of office of a duly elected and qualified school district director is not affected by the reorganization of the district which changes the boundary lines of the director district so as to eliminate his director district. (2)  The director from the eliminated director district is legally qualified to hold his office until the expiration of the full term for which he was elected.

AGLO 1976 NO. 26 >

RCW 28A.58.730 does not permit a school district to require its employees to participate in a direct deposit payroll program established thereunder.

AGLO 1977 NO. 26 >

(1) The provisions of RCW 28B.10.265 and RCW 28C.04.240, relating to the admission of children of POWs or MIAs to public institutions of higher education or public vocational-technical schools without the necessity of paying any registration fee or tuition, remain applicable to the children of persons determined to have been prisoners of war or missing in action in accordance with the terms of those statutes even after the subject parent or parents of those children have been released from POW status or otherwise have been recovered.

(2) A parent through whom a child's entitlement to benefits under RCW 28B.10.265 or RCW 28C.04.240 is claimed need not have been in active military service at the time he or she was determined by the federal government to be a prisoner of war or missing in action.

AGO 1967 NO. 27 >

(1) The salary improvements contemplated by the appropriation contained in chapter 143, Laws of 1967, Ex. Sess., for salary improvements for school district employees are not to be limited to only those personnel employed by a school district in 1966-67 who return to the same district for the 196768 school year. (2) The phrase "average level for 1966-67," as used in the appropriation act, refers to the average level for each school district and not to the state wide [[statewide]] average salary level. (3) In determining the average salary level for 1966-67 for a given school district, for purposes of providing salary improvements in accordance with the appropriation act, the district may, but is not required to, calculate separate averages for various classes or categories of school employees. (4) Both the seven percent factor and the five percent factor contained in the appropriation act are to be applied against the "average level for 1966-67." (5) Where a school district provides an average salary improvement of more than seven percent during 1967-68, it need not add an additional five percent for 1968-69, so long as the average level for 1968-69 is at least twelve percent in excess of the 1966-67 average. (6) All that is contemplated by the appropriation act is that school districts shall provide salary improvements for all district personnel in average amounts of seven percent in 1967-68, and an additional five percent in 1968-69, over the average level for 1966-67 (exclusive of adjustments made pursuant to chapter 4, Laws of 1967); therefore, ordinary annual increment raises provided by a given district remain an appropriate subject for local negotiation and may or may not be granted in addition to the salary improvements funded by the appropriation.

AGLO 1982 NO. 28 >

(1) The 1975 Vocational Education Act establishes a trichotomous relationship between the Commission for Vocational Education, the State Superintendent of Public Instruction and the State Board for Community College Education whereby those three agencies share the responsibility and authority for directing public vocational education in the state.

AGO 1968 NO. 30 >

Where the board of directors of a school district, by appropriate resolution, calls a special election for submission to the voters of a proposition to levy ad valorem property taxes in excess of the constitutional forty mill limit, and presents this resolution to the county auditor at least forty-five days prior to the election date specified therein, it is not necessary for the auditor to find the existence of an emergency in order to hold the election on the date fixed by the school board.