Other LanguagesThe Washington Supreme Court's decision in Weiss v. Bruno, 82 Wn.2d 199 (1973), renders action by the state board in implementation of chapter 81, Laws of 1973 (providing for state financial assistance to students attending private and public schools) unconstitutional.
(1) If a schools district fails to conduct school for at least 180 days by reason of a cause not constituting an "unforseen emergency" as defined in RCW 28A.41.170, the district must forfeit a pro rata portion of its annual entitlement of state apportionment funds under RCW 28A.41.130. (2) If the failure of a school district to conduct school for at least 180 days is occasioned by an "unforeseen emergency" as thus defined, the district will be eligible for its full annual entitlement of state apportionment funds if the state superintendent of public instruction has so provided by rules and regulations adopted pursuant to RCW 28A.41.170.
To the extent that the funds appropriated by § 86, chapter 137, Laws of 1973, 1st Ex. Sess., for continuation of the $40 per month salary increase provided by chapter 8, Laws of 1973, for school district classified employees are sufficient for that stated purpose, they are to be distributed on the basis of the amount necessary for each district to continue such increase, independent of the substantive provisions of the school apportionment formula.
The legislature does not have the authority to establish qualifications for the office of the state superintendent of public instruction in addition to those found in Article III, § 25, Amendment 31, of the Washington State Constitution.