Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 55 >

(1) The voluntary student transfer program which has been initiated by the Seattle School District No. 1 to alleviate existing racial imbalance in certain of its school facilities is constitutionally defensible. (2) Same :  A school district operating a voluntary student transfer program designed to alleviate existing racial imbalance in certain of its school facilities may obtain reimbursement from the state in accordance with state law for costs incurred in providing transportation to transfer students upon approval by the state superintendent of public instruction of the particular transportation plan even though it does not provide similar transportation to its general student population.

AGLO 1975 NO. 55 >

Except to the limited extent provided for by RCW 28A.60.010 and 28A.01.100, involving temporary circumstances, state law does not authorize a second class school district to select either a teacher or an administrator who does not possess a superintendent's certificate to act as the superintendent or chief administrator of the school district.

AGLO 1977 NO. 55 >

(1) The maximum amount of a given school district's excess property tax levy under § 4(2), chapter 325, Laws of 1977, 1st Ex. Sess., for collection during the following calendar year, is to be computed solely on the basis of the district's basic education allocation for the last completed school year prior to the date of the levy. (2) Explanation of the circumstances under which a school district, pursuant to § 4(4), chapter 325, supra, may be permitted to exceed the levy lid established by § 4(2) thereof, and how the modified levy lid for such a district is to be determined.

AGLO 1974 NO. 56 >

(1) In order to be eligible to the office of school board member a person must be a registered voter of the school district and remain an inhabitant of that area, but a mere temporary physical absence from a given area will not cause an inhabitant to cease to be one. (2) RCW 28A.58.310 contains no restriction upon payment of expenses to a school director by reason of the fact that the point of origin of whatever travel is necessary by him to attend a particular school board meeting is situated outside of the district.

AGO 1963 NO. 58 >

An association of fire commissioners provided for by RCW 52.08.030 (5) does not have the authority to incorporate as a nonprofit corporation.

AGO 1961 NO. 59 >

(1) Electors of a school district may authorize, at a special election, the use of monies in the building fund (derived from a special levy but not necessary for immediate expenditure) for general fund purposes. (2) If the school district desires to use the money in the building fund for general fund purposes the matter must be resubmitted to the voters and their approval must be tested by the requirements of the 17th Amendment and RCW 84.52.052.

AGO 1955 NO. 59 >

Where a public utility district has less than the minimum number of employees required to contract for group insurance, it may not provide insurance for its commissioners.

AGLO 1974 NO. 59 >

(1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.

AGO 1965 NO. 60 >

Where the board of directors of a school district determines that the purposes for which a special excess tax levy was passed by the people are unattainable or that only one of the objectives for which the levy was passed is attainable, the board may by a properly adopted resolution, presented to the board of county commissioners, reduce or rescind the levy.

AGLO 1974 NO. 60 >

A port district may provide, and pay the premiums on, business related travel, liability, health, errors and omissions and accident insurance under RCW 53.08.170, as amended by § 1, chapter 6, Laws of 1973, 1st Ex. Sess., for its present port commissioners during the remainder of their current terms of office for the purpose of affording insurance coverage to those commissioners in the event of accidents or illnesses resulting from the performance of their official responsibilities.