Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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 1980 NO. 22 >

 (1) As amended by § 4, chapter 182, Laws of 1980, RCW 28A.58.100(2) prohibits a school district from granting as well as accumulating annual leave for illness, injury, and emergencies in excess of twelve days per year.  (2) As thus amended, however, RCW 28A.58.100(2) does not prohibit a school district from granting emergency leave separate from leave for illness and injury; nor is a school district prohibited from limiting the number of days of leave for emergencies to a specific number less than ten of the required ten days of leave for illness, injury, and emergencies for a full-time employee. (3) Any such emergency leave must, however, be so limited that it, together with leave for illness and injury, does not exceed twelve days per year.

AGO 1965 NO. 22 >

(1) School districts are required to grant salary increases in the percentages specified in § 1, chapter 169, Laws of 1965, Ex. Sess., "subject to the availability of funds for all district functions." (2) Same: The prescribed percentage increases are to be determined on the basis of the average salary in the individual districts. (3) Same: The percentage increase need not be granted to each employee of the district but the "average" salary increase must be in the percentage specified "subject to the availability of funds for all district functions." (4) The basis for computing the percentage increase for the 1966-67 school year is the average salary paid in the district in the 1964-65 school year.

AGLO 1975 NO. 22 >

The proposed constitutional amendment in Engrossed House Joint Resolution No. 19, relating to state aid to students attending public and private schools, does not contain any authorization which would be in violation of Amendment 1 to the United States Constitution.

AGO 1973 NO. 22 >

When a school district, through the adoption of an appropriate resolution by its board of directors, has determined to engage in organized interscholastic athletic events with other schools as a part of its overall educational program, such district may utilize its general maintenance and operation funds to pay for appropriate uniforms and equipment to be used by its students in connection with their participation in such events, either as "on the field" participants or as band members, cheerleaders or the like.

AGO 1977 NO. 23 >

The completion of a probationary period under RCW 28A.67.065 is not a pre‑condition to the nonrenewal of a provisional school district employee during his or her first year of employment under RCW 28A.67.072.

AGO 1976 NO. 23 >

(1) In the absence of authorization by the commission for vocational education under chapter 174, Laws of 1975, 1st Ex. Sess. (chapter 28C.04 RCW), a school district which has a vocational-technical institute may not offer and conduct any of the vocational training programs of that institute at locations which are physically situated outside of the geographic boundaries of the school district.   (2) The commission for vocational education, in defining a "service area" for a common school vocational-technical institute in accordance with RCW 28C.04.020(6), may include therein certain geographic areas not physically situated within the boundaries of the school district involved and, by so doing, empower that district to establish, maintain and operate vocational training programs at locations outside of the district's boundaries but within the service area thus defined.   (3) The commission for vocational education, in establishing service areas for vocational-technical institutes under RCW 28C.04.020(6), is not required at the time of doing so to consider and apply the criteria specified in RCW 28C.04.040(2) for the adjudication of disputes between secondary and postsecondary education systems.

AGO 1967 NO. 24 >

(1) Under the provisions of RCW 28.58.100 (15), a school district employee does not accumulate sick leave while on a sabbatical leave or a leave of absence unless the particular school district has made provision to the contrary in its regulation governing sick leave. (2a) When a school district employee is granted a sabbatical leave or a leave of absence, he retains such sick leave benefits as he had accumulated prior to his departure so long as he returns to the district at the end of the period of his authorized leave. (2b) When a school district employee severs his employment relationship, as through retirement or separation, he has no right to be recredited with sick leave accumulated prior to his retirement or separation unless the school district has adopted a rule or regulation providing for such recrediting. (3) When a school district employee, upon completion of an authorized period on sabbatical leave or leave of absence, transfers employment from the school district which granted him the leave to another school district within the state, he retains the same accumulated sick leave benefits that he had in his previous position to the extent provided for in RCW 28.67.076; however, where a school district employee has retired or otherwise separated from employment with one school district and at some later time enters the employment of another school district, under circumstances which cannot be characterized as a transfer of employment from one school district to another, he does not retain the sick leave benefits which he had accumulated in his previous position.