*Needs title* 1950 no. 315

WOULD TWO YEARS OF EXPERIENCE AS INSTRUCTOR AT STATE UNIVERSITY MEET REQUIREMENTS THAT COUNTY SUPERINTENDENT MUST HAVE TAUGHT IN PUBLIC SCHOOLS OF THIS STATE?

Qualification that a county superintendent of schools must have taught in public schools of state for two school years not satisfied by two years as instructor at State University, as University is not a public school.

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                                                                  August 3, 1950

Honorable Earl Coe
Secretary of State
Olympia, Washington                                                                                                    Cite as:  AGO 49-51 No. 315

Attention:  !ttKenneth N. Gilbert, Superintendent of Elections

Dear Sir:

            We hereby acknowledge your verbal request of July 28, 1950, requesting an opinion of this office on the question:

            "May the qualification that a county superintendent of schools have taught in the public schools of this state two school years of nine months each be satisfied by two years as an instructor at the State University?"

            Our conclusion may be summarized as follows:

            The qualification that a county superintendent of schools must have taught in the public schools of this state for two school years of nine months each is not satisfied by two years as an instructor at the State University.

             [[Orig. Op. Page 2]]

                                                                     ANALYSIS

            Article IX, section 2 of the State Constitution, defines the public school system to include "common schools, and such high schools, normal schools, and technical schools as may hereafter be established."

            The Supreme Court inLitchman v. Shannon, 90 Wash. 186, 155 Pac. 783, held that the University was not a "public school" and that Article XXVI of the Constitution, referring to free public schools, did not apply to the University.  The court in that case refers to several cases from other jurisdictions and to Black's Law Dictionary, all to the effect that a "school" is an institution below the rank of a college or university.

            Still another reason for our opinion is suggested when one attempts to define the intention of the legislature in requiring a county superintendent to have had at least two years' experience as a teacher.  The intent is obviously to insure that only persons who have had experience and training in the public school system be entrusted with the position.

            A university professor or instructor may have the requisite experience and familiarity with the system, but not necessarily; whereas, one who has actually worked in the system will certainly have at least a working knowledge of the duties of a county superintendent.  It is our opinion that the legislature intended a county superintendent must have had at least two years' experience in a public school as defined in section 2, Article IX, supra.

            Although in a broad sense the University of Washington and the State College of Washington are public institutions in that they are largely supported by public funds and are available to all residents of the state, it does not appear that these institutions are included in the term "public schools" as used in Rem. Rev. Stat. 4768, which sets the qualifications requisite for a county superintendent.

Very truly yours,

SMITH TROY
Attorney General