Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1975 NO. 1 >

(1) Neither the superintendent of public instruction nor the state board of education has the authority under any existing statute or constitutional provision to formulate and implement a state‑wide [[statewide]] affirmative or corrective action policy for disadvantaged groups such as women or racial minorities which would be binding on all local school districts in their employment of personnel; under the supervisory authority granted to him by Article III, § 23 of the state constitution, however, the state superintendent of public instruction may require local school districts, in connection with their employment of personnel, to formulate and implement their own affirmative action policies for such disadvantaged groups, subject to such constitutional standards as may be applicable to those kinds of programs. (2) Such a requirement may be enforced by a mandamus action against any noncomplying school districts. (3) The state superintendent of public instruction has the authority to enforce federal affirmative action programs by refusing to disburse federal funds to noncomplying school districts.

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 1992 NO. 10 >

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.

AGO 1963 NO. 30 >

Under chapter 28.56 RCW a county committee on school district organization may propose and the state board may approve a nonhigh participative plan which is equitable notwithstanding the amount of money to be raised by a nonhigh district as its share in the building program may be greater than the amount of money which could be raised by the district solely by the issuance of bonds.  Where the bonding capacity is reached, any additional amount required must be raised by an excess levy.  RCW 28.56.050.

AGO 1957 NO. 142 >

(1) When no candidate for membership on the State Board of Education receives a greater number of votes than the total votes cast for all of his competitors, no one has a majority of the votes and no one is elected to the office. (2) The failure to elect a member to the State Board of Education does not create a vacancy in the office.   The incumbent continues to hold the office by virtue of having been elected to serve until his successor is elected and qualifies.