Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1990 NO. 12 >

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.

AGO 1984 NO. 12 >

RCW 53.04.080, relating to annexation by a public port district, does not authorize such a district to annex noncontiguous (or nonadjacent) territory located elsewhere within the county.

AGO 1961 NO. 12 >

Under the provisions of RCW 53.08.170 a port district may contribute to an additional pension program established by contract between a trade association acting as collective bargaining agent for various employers including a port district and a labor union representing, among others, certain employees of the port district even though the eligible employees of said port district are members of the Washington State Employees' Retirement System.

AGO 1992 NO. 12 >

When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.

AGO 1959 NO. 12 >

The maximum levy for fire protection districts authorized by RCW 52.16.130, exclusive of any levy for retirement of general obligation bonds, is two mills, and the maximum levy authorized by RCW 52.16.130 and 52.16.140 combined is four mills, exclusive of any levy for retirement of general obligation bonds.

AGO 1977 NO. 13 >

(1) A person newly employed by a school district in a teaching or other supervisory certificated position remains a "provisional employee," within the meaning of RCW 28A.67.072, for a twelve‑month (or 365 day) period commencing on the date of his employment and ending one year later.  (2) The procedures for contract renewal which are provided for under RCW 28A.67.072 in the case of provisional school district employees may only be utilized if notice of nonrenewal is given by not later than the May 15th date which falls within the term of an individual's first year of employment as above defined.

AGO 1985 NO. 13 >

Schools are not authorized to charge fees for the administration of pre‑admission tests for early entrance of children into kindergarten or first grade classes.

AGO 1971 NO. 13 >

(1) A public utility district is authorized by RCW 54.24.060 to sell its utility revenue obligations in such manner as the board of commissioners shall deem for the best interest of the district; under this statute, based upon an appropriate finding to this effect, utility revenue obligations may be sold privately as an alternative to a public sale following competitive bidding. (2) A public utility district may, pursuant to an appropriate resolution based on findings of benefit to the district, sell a portion of a particular issue of its revenue obligations to its employees by private sale at a rate of interest less than that offered to nonemployee purchasers so long as the employee purchasers are not officers of the district by, through, or under whose supervision the utility revenue obligations in question may have been issued.

AGO 1990 NO. 13 >

1.   School districts have broad powers over curricula and instructional materials.  Pursuant to this authority, a school district may select and use educational television programming even though that programming contains advertising so long as the primary and predominant purpose of the program is educational and the advertising content is incidental.  2.   School districts have broad authority over the selection of instructional materials and the acquisition of school equipment and supplies.  Pursuant to this authority, a school district may select school materials, supplies and equipment that contain advertising.

AGO 1965 NO. 13 >

A port district and the Washington Toll Bridge Authority have the statutory authority to enter into an agreement for the acquisition of ferries whereby the port district will (1) purchase the ferries and lease them to the Washington Toll Bridge Authority; and (2) issue revenue bonds to finance the purchase, payable solely out of the rental received from leasing the ferries.