ARE THE PUBLIC INSTITUTIONS UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF PUBLIC INSTITUTIONS WITHIN THE MEANING OF THE TERM 'STATE SCHOOL' AS USED IN CHAPTER 234, LAWS OF 1955?

ARE THE PUBLIC INSTITUTIONS UNDER THE SUPERVISION AND CONTROL OF THE DEPARTMENT OF PUBLIC INSTITUTIONS WITHIN THE MEANING OF THE TERM "STATE SCHOOL" AS USED IN CHAPTER 234, LAWS OF 1955?

The several state institutions under the supervision and control of the Department of Public Institutions, who employ teachers in a teaching capacity, are within the meaning of the term "state school" as set forth in Chapter 234, Laws of 1955.

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                                                                   May 31, 1955

Honorable Reuben A. Knoblauch
State Senator, 25th District
P.O. Box 363
Sumner, Washington                                                                                                                Cite as:  AGO 55-57 No. 88

Dear Sir:

            In your letter of recent date you request our opinion on a question, which you state as follows:

            "It is not clear to me whether Rainier State School, as a public institution for mentally deficient children, is properly classified as a state school under provision of the Act referred to above (Chapter 234, Laws of 1955).  As this situation exists in other state institutions as well, it would be helpful if an official opinion were issued clarifying the status of state institutions under provision of this act."

            Our conclusion is briefly as follows:

            The several state institutions under the supervision and control of the Department of Public Institutions, who employ teachers in a teaching capacity, are  [[Orig. Op. Page 2]] within the meaning of the term "state school" as set forth in chapter 234, Laws of 1955.

                                                                     ANALYSIS

            Section 1, chapter 234, Laws of 1955, insofar as it bears upon your inquiry, provides:

            "Any public employee of an employer within the jurisdiction of the state employees' retirement system who is a member of the Washington state teachers' retirement system and who is not employed by a school district, state school, or a college of education in a teaching capacity in the public schools of the state as a superintendent, principal, teacher, professor, instructor, or a related capacity may transfer such membership to the state employees' retirement system by written request filed with the secretary-manager and the executive secretary, respectively, of the two systems, * * *" (Emphasis supplied)

            The crux of your question lies in whether the institutions under the supervision and control of the Department of Public Institutions are "state schools," within the meaning of that term as expressed in chapter 234, Laws of 1955, quoted above.

            The Washington State Teachers' Retirement System Act, chapter 41.32 RCW, does not define the term "state school"; however, the definition of "public school" which is found at RCW 41.32.010, would seem to be inclusive of institutions operated by the state, which employ teachers.  RCW 41.32.010 defines "public school" as follows:

            "(19) 'Public school' means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and the State College of Washington."

             [[Orig. Op. Page 3]]

            Manifestly, the several state institutions under the supervision and control of the Department of Public Institutions, which employ teachers, are within the scope of the above definition of public schools, and therefore are under the jurisdiction of the Washington State Teachers' Retirement System.

            Chapter 234, Laws of 1955, was enacted for the apparent purpose of enabling certain members of the Washington State Teachers' Retirement System to transfer their contributions and credits to the State Employees' Retirement System, if they are employed by an employer within the jurisdiction of the State Employees' Retirement System, with certain exceptions.  Those persons who are not eligible to transfer their credits and contributions to the State Employees' Retirement System, as stated in chapter 234, Laws of 1955, are those "who are not employed by a school district, state school, or a college of education in a teaching capacity in the public schools of the state as a superintendent, principal, teacher, professor, instructor, or a related capacity."

            It is to be noted that the punctuation and grammatical construction of that portion of chapter 234, Laws of 1955, quoted in the preceding sentence, is somewhat faulty.  It would appear that the drafters of chapter 234, Laws of 1955, probably intended that a comma should have been placed after the word "capacity" and before the word "in" or in lieu thereof, that the word "or" should have been substituted for the word "in."  The language in its present form renders the meaning of the exceptions to the operation of the act practically meaningless.  The lack of punctuation raises the question as to whether the phrase "in a teaching capacity" is descriptive of that which precedes it, or was it meant to apply to that phraseology which comes thereafter.

            "The use of commas is not controlling where the meaning is otherwise clear, "Puget Sound Electric Railroad v. Benson, 253 F. 710 [[253 Fed. 710]], 165 C.C.A. 304.

            The only reasonable interpretation to be placed on the clause exempting certain employees from the operation of chapter 234, Laws of 1955, is that persons employed by a school district, state school, or a college of education, in a teaching capacity, are excluded from the opportunity of transfer to the State Employees' Retirement System under the subject enactment.

             [[Orig. Op. Page 4]]

            In conclusion, it is our opinion that the several state institutions under the supervision and control of the Department of Public Institutions, who employ teachers in a teaching capacity, are within the term "state school" as set forth in chapter 234, Laws of 1955; and the persons employed in such institutions in a teaching capacity are not eligible to transfer their credits and contributions from the Washington State Teachers' Retirement System to the State Employees' Retirement System under the provisions of chapter 234, Laws of 1955.

            Hoping the foregoing analysis will prove helpful to you.

Very truly yours,

DON EASTVOLD
Attorney General

STEPHEN C. WAY
Assistant Attorney General