and approved by the division superintendent in a home, and such child, or children, shall regularly attend such school during the period of each year the public schools are in session and for the same number of days and hours per day as in the public schools. [Code 1919, sec. 722; 1918, p. 752; 1922, p. 641; 1928, p. 1214; 1930, p. 995; 1934, p. 242; 1936, p. 508; 1940, p. 659; Michie Code 1942, sec. 683; 1944, p. 29; 1945, p. 60; 1948, p. 853; Code 1950, sec. 22-251; 1952, c. 279; 1959, Ex. Sess., c. 72; 1968, c. 178.] ... Alternatives to attending public school.-In addition to a public school, a school age child may attend a private, denominational or parochial school, or be taught by a tutor or teacher of qualifications prescribed by the State Board of Education and approved by the division superintendent. It is clear that a teacher or tutor must meet the qualifications established by the State Board of Education and must be approved by the division superintendent, and that a private, denominational or parochial school must be recognized as an elementary and/or secondary school by the Department of Education. [Op. Att'y Gen. (June 6, 1972).] Duty of division superintendent of schools.-The duty of seeing that all school age children not otherwise excused from attending school receive an education either at a public school or by means of one of the alternative methods set forth in this section falls upon the division superintendent of schools. [Op. Att'y Gen. (June 6, 1972).] If a parent or guardian, in response to a notice issued pursuant to section 22-275.10, replies that his child is receiving instruction under one of the alternative methods prescribed by this section, it would be the duty of the division superintendent of schools to satisfy himself that such child is in fact receiving an education under one of the alternative methods. [Op. Att'y Gen. (June 6, 1972).] SEC. 22-275.2. Period of compulsory attendance.-The period of compulsory attendance shall commence at the opening of the first term of the school which the pupil attends and shall continue until the close of such school for the school year or until the pupil reaches his or her seventeenth birthday. [1918, p. 752; 1922, p. 641; 1928, p. 1214; 1930, p. 995; 1934, p. 242; 1936, p. 508; 1940, p. 659; Michie Code 1942, sec. 683; 1944, p. 29; 1945, p. 60; 1948, p. 853; 1959, Ex. Sess., c. 72; 1968, c. 178.] SEC. 22-275.3. Children exempted from provision.-The provisions of this article shall not apply to children physically or mentally incapacitated for school work; nor to those children suffering from contagious or infectious diseases while suffering from such diseases; nor to children under ten years of age who live more than two miles from a public schools, unless public transportation is provided within one mile of the place where such children live; nor to children between ten and seventeen years of age who lives more than two and one-half miles from a public school, unless public transportation is provided within one and one-half miles of the place where such children live; nor to children excused under section 22-275.4 of this article. Compulsory education distances shall be measured or determined by the nearest practical routes, which are usable for either walking or riding, from the entrance to the school grounds, or from the nearest school bus stop, to the residence of such children. Physical incapacity or disease shall be established by the certificate of a reputable practicing physician, made in accordance with the rules and regulations adopted by the State Board of Education, and mental incapacity is to be determined by such mental test or tests as may be prescribed by the State Board of Education. [1918, p. 752; 1922, p. 641; 1928, p. 1214; 1930, p. 29; 1945, p. 61; 1948, p. 853; 1959, Ex. Sess., c. 72; 1968, c. 178.] Hardships as grounds for furnishing transportation.-The hardships in reaching school which are recited in this section constitute grounds for the board to furnish transportation to all students similarly situated to the exclusion of others. [1969-70 Op. Att'y Gen. 234.] Special Education General Provisions (ch. 1). (handicapped children) SEC. 22-9.1:04. Responsibility of State institutions having children in residence.—It shall be the responsibility of each State institution having children in residence to provide education and training to the children over which it has custody which is at least comparable to that which would be provided to such children in the free public school system pursuant to the provisions of this Code. Such institutions may provide such education and training either directly with its own facilities and personnel in cooperation with the Board of Education or under contract with a school division or any other public or private nonsectarian school, agency or institution. [1972, c. 603.] SEC. 22-9.1:4 Payments to parents for education of handicapped children in private schools; reimbursement of local board from State funds.-In any county, city, or town, if the town be a separate school district approved for operation, which does not provide special classes or special instruction for the education of handicapped children as defined in sections 22-9 and 22-9.1:01 and such instruction is not available in State schools or institutions and the parents of such children pay or become obligated to pay for their attendance at a private nonsectarian school for the handicapped approved by the Board of Education, the school board of such county, city or town operating as a separate town school district, shall pay the parent or guardian of such child or children for each school year three-fourths of the tuition cost for such child or children enrolled in a special school for handicapped children; provided that the school board shall not be obligated to pay more than twelve hundred and fifty dollars to the parent or guardian of each such child attending a nonresidential school nor pay to the parent or guardian of each child attending a residential school more than five thousand dollars; and provided further, that a school board, from its own funds, is authorized to pay to the parent or guardian such additional tuition as it may deem appropriate. Of the total payment, the local school board shall be reimbursed sixty per centum from State funds as are appropriated for this purpose, which amount shall not exceed seven hundred and fifty dollars for a handicapped child in a nonresidential school nor three thousand dollars for a handicapped child in a residential school; provided, however, that the local school board is not required to provide such aid if matching State funds are not available; provided further, that in the event State funds are not available as defined above, local school boards shall pay the parents for tuition costs of such children in an amount equal to the actual per pupil cost of operation in average daily membership or average daily attendance in accordance with the unit applied for the disbursement of the basic school aid fund for the school year immediately preceding, and such school board shall be entitled to count such pupils and receive reimbursement from the basic school aid fund in the same manner as if the child were attending the public schools. Where a county, city or town, if the town be a separate school district approved for operation, enters into an agreement with another school district or any combination thereof to pay tuition cost for the purpose of providing an educational program for handicapped children as defined in section 22-9.1:01, the Board of Education is authorized to reimburse a local school board sixty percent of the tuition cost in an amount not to exceed six hundred dollars per pupil. The Board of Education is further authorized to reimburse local school boards operating a preschool special education program for handicapped children, ages two through four, sixty percent of tuition cost but not to exceed six hundred dollars per pupil from State funds as are appropriated for this purpose. [1968, c. 546; 1970, c. 615; 1972, c. 603; 1973, c. 532.] Pupil Transportation General Provisions (Handicapped Children) (ch. 1). SEC. 22-9.2:1. Transportation of handicapped children attending special classes.-Any child enrolled in and attending a special class operated under the provisions of sections 22-9, 22-9.1 or 22-9.1:5 shall be entitled to transportation to and from such school or class at public expense. If, because of physical incapacity or mental retardation, the child is unable to use existing school transportation facilities, or if such facilities are not available, the school board may, in lieu thereof, and in its discretion, allot funds to assist in paying the cost of other means of transportation. Such cost shall not exceed an amount approved by the Board of Education with due regard to the cost of transporting pupils in the public schools. Forty per centum of such cost shall be paid by the school division in which such child resides and sixty per centum by the State subject to funds being available. [1956, c. 324; 1968, c. 276; 1970, c. 496; 1972, c. 603.] Transportation of Pupils (ch. 13). SEC. 22-276.2. Requirements for persons employed to transport pupils attending parochial or private schools.-No person, partnership, association or corporation operating any parochial or private school shall hire, employ or enter into any agreement with any person for the purpose of transporting pupils by motor vehicle, unless such person shall present a certificate, statements and a license comparable to those required of operators of public school buses by paragraphs (a), (b), (c), (d), and (e) of section 22-276.1 and meet the qualifications specified in such paragraphs. The State Department of Education shall furnish the forms prescribed by it for the purposes of section 22-276.1 to any person, partnership, association or corporation who shall request such forms for the purpose of compliance with this section. [1968, c. 432.] Records and Reports Teachers, Officers and Employees (ch. 11). (General SEC. 22-209. Daily record of pupil attendance.-A daily record of pupil attendance shall be kept in each school in accordance with regulations prescribed by the State Board of Education. [Code 1919, sec. 689; 1928, p. 1206; 1940, p. 645; Michie Code 1942, sec. 664; 1945, p. 26; 1964, c. 119.] Pupils Generally (ch. 12). (Compulsory Attendance (art. 4).) SEC. 22-275.8. Report of children enrolled.-Within ten days after the opening of the school, each principal teacher shall report to the division superintendent the names of the pupils enrolled in the school, giving age, grade and the name and address of parent or guardian. [1918, p. 783; 1922, p. 642; 1928, p. 1214; 1930, pp. 887, 996; 1936, p. 509; 1940, p. 660; 1942, p. 40; Michie Code 1942, sec. 684; 1944, p. 30; 1959, Ex. Sess., c. 72.] SEC. 22-275.15. Teachers to keep daily attendance records.-Every teacher in every school in the Commonwealth shall keep an accurate daily record of attendance of all children. Such record shall, at all times, be open to any officer authorized to enforce the provisions of this article who may inspect or copy the same, and shall be admissible in evidence in any prosecution for a violation of this article, as prima facie evidence of the facts stated therein. [1922, p. 643; 1928, p. 1215; 1940, p. 661; Michie Code 1942, sec. 685; 1944, p. 31; 1959, Ex. Sess., c. 72; 1968, c. 178.] Teacher Certification Teachers, Officers and Employees (ch. 11). SEC. 22-204. Certificate required of teachers.-No teacher shall be regularly employed by a school board or paid from the public funds unless such teacher holds a certificate in full force in accordance with the rules of certification laid down by the State Board of Education; provided that any teacher, holding a degree from a four-year accredited college or university, whether in a public or private school, who acquires two years of teaching experience which is certified to be satisfactory by a division superintendent as to public schools, or by a principal or equivalent officer as to private schools, shall be deemed to have met requirements for having the collegiate certificate raised to collegiate professional, without being required to take more than nine semester hours in professional education, which hours may be waived or appropriately modified in the administrative discretion of the State Superintendent of Public Instruction upon the recommendation of the division superintendent of schools, or the chief administrative officer of a private school; and provided that, in accordance with regulations prescribed by the State Board of Education a person not meeting the requirements for such certification may be employed and paid from public funds by a school board temporarily as a substitute teacher to meet an emergency. [1922, p. 740; 1928, p. 1205; 1930, p. 886; 1936, p. 506; 1938, p. 637; 1940, 644; Michie Code 1942, sec. 660; 1954, c. 638; 1958, c. 300.] Pupils Generally (ch. 12). (Health Provisions (art. 3).) p. SEC. 22-244. Teacher training institutions to give courses.—In order that the teachers of the Commonwealth shall be prepared for health examinations and physical education of school children, every teacher training institution of the State is required to give a course, to be approved by the Superintendent of Public Instruction and the State Health Commissioner, in health examinations and physical education, including preventive medicine, physical inspection, health instruction and physical training, upon which course every person graduating from such an institution must have passed a satisfactory examination. [1918, p. 411; 1920, p. 496; 1928, p. 1222; Michie Code 1942, sec. 705.] SEC. 22-245. Certificates not issued to teachers who have not had course.-No applicant may receive a certificate to teach in the schools of this State who does not present, first, satisfactory evidence of having covered creditably an approved course in general physical education in a training school or course for teachers recognized by the State Board as a school or course in good standing. [1920, p. 496; 1928, p. 1222; Michie Code 1942, sec. 705.] Health and Safety General Provisions (ch. 1). SEC. 22-10.1. Protective eye devices.-Every student and teacher in any school, college, or university participating in any of the following courses: (A) Vocational or industrial arts shops or laboratories involving experience with: 1. Hot molten metals; 2. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials; 3. Heat treatment, tempering, or kiln firing of any metal or other materials; 4. Gas or electric arc welding; 5. Repair of any vehicle; 6. Caustic or explosive materials; (B) Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids; shall be required to wear industrial quality eye protective devices at all times while participating in such courses or laboratories. The governing board or authority of any public or private school or the governing body of each institution of higher learning shall furnish the eye protective devices prescribed in this section free of charge or at cost to the students and teachers of the school participating in the courses set out in this section; provided, however, that such devices may be furnished by parents or guardians of such students. Eye protective devices shall be furnished to all visitors to such courses. "Industrial quality eye protective devices," as used in this section, means devices providing side protection and meeting the standards of the American Standards Association Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959, promulgated by the American Standards Association, Inc. [1966, c. 69.] Federal Aid Administration of the Government Generally (title 2.1). Administrative Departments Generally (ch. 1). SEC. 2.1-3. Acceptance by departments, etc., of funds from United States; application of funds.-Any department, agency, bureau or institution of this State may accept grants of funds made by the United States government, or any department or agency thereof, to be applied to purposes within the functions of such State department, agency, bureau or institution, and may administer and expend such funds for the purposes for which they are granted. [Code 1950, sec. 2-3; 1966, c. 677.] SEC. 2.14. State Treasurer custodian of funds granted; disbursements.-The State Treasurer is hereby appointed custodian of all such funds, and shall disburse them on warrants issued by the department, agency, bureau or institution for whose use they are granted. [Code 1950, sec. 2-4; 1966, c. 677.] Miscellaneous State Board of Education (ch. 2). SEC. 22-21.3. Vacation schools and summer camps operated by Board or Department.-Any vacation school or summer camp operated by the State Board of Education or the Department of Education shall be made available to children of school age within the Commonwealth on a nondiscriminatory basis regardless of whether they attend public or private schools during the regular school year. [1973, c. 101.] Taxation (title 58). SEC. 58-715. Refund of tax on motor fuel.—(a) Any person who shall buy, in quantities of five gallons or more at any one time, any motor fuel for the purpose of operating or propelling * * * (4) buses owned and operated by a private nonprofit nonsectarian school while being used to transport children to and from such schools or buses while solely used to transport children to and from such schools, provided that the total of refunds in all cases under this provision No. (4) of this paragraph shall not, in any fiscal year, exceed the sum of two thousand dollars *** shall, except as otherwise provided in subsection (b) of this section, be reimbursed and repaid the amount of such tax or taxes paid by such person. WASHINGTON CONSTITUTIONAL PROVISIONS Public Aid For Nonpublic Schools Declaration of Rights (art. 1). SEC. 12. Special privileges and immunities prohibited.–No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations. Public Indebtedness (art. 8). SEC. 5. Credit not to be loaned.-The credit of the state shall not, in any manner be given or loaned to, or in aid of, any individual, association, company or corporation. SEC. 7. Credit not to be loaned.-No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation. Education (art. 9). SEC. 2. Public school system. -The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools. Miscellaneous Corporations Other than Municipal (art. 12). SEC. 1. Corporations; how formed.-Corporations may be formed under general laws, but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the legislature at any time, and all corporations doing business in this state may, as to such business, be regulated, limited, or restrained by law. STATUTORY PROVISIONS Common School Provisions (title 28A). Approval/Supervision/Support General Provisions (ch. 28A.02). SEC. 28A.02.200. Private schools; scope of state control.-Generally: The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided. Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. Minimum requirements shall be as follows: (1) The minimum school year shall be the same as that required of public schools in RCW 28A.01.025 as now or hereafter amended. (2) The length of the school day shall be the same as that required of public schools in RCW 82A.01.010 as now or hereafter amended. (3) All classroom teachers shall hold appropriate Washington state certification except as follows: (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses. (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances. (4) Appropriate measures shall be taken to safeguard all permanent records against loss or damage. (5) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. (6) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements. (7) In compliance with provisions of RCW 28A.31.010 as now or hereafter amended and rules or regulations of the state board of education, each private school teacher shall file with the intermediate school district in which the school is located a valid health certificate issued by the state department of social and health services. (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district. All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in sub-section (6) above provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved. SEC. 28A.02.220. Rights recognized.-The state recognizes the following rights of every private school: (1) To teach their religious beliefs and doctrines, if any; to pray in class and in assemblies; to teach patriotism including requiring students to salute the flag of the United States if that be the custom of the particular private school. (2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type of group therapy. SEC. 28A.02.230. Actions appealable under Administrative Procedure Act.-Any private school may appeal the actions of the state superintendent of public instruction or state board of education as provided in chapter 34.04 RCW. SEC. 28A.02.240. Board rules for enforcement; racial segregation or discrimination prohibited. – The state board of education shall promulgate rules and regulations for the enforcement of section 2 of this 1974 amendatory act and RCW 28 A.02.210 through 28A.02.240, 28 A.04.120 and 28A.27.010, including a provision which denies approval to any school engaging in a policy of racial segregation or discrimination. SEC. 6.-The superintendent of public instruction is hereby directed to appoint a private school advisory committee that is broadly representative of educators, legislators, and various private school groups in the state of Washington. By July 1 of 1975, after consultation with the advisory committee herein created, the superintendent of public instruction shall make recommendations to the legislature concerning how the approval and accreditation processes for private schools can be improved. [Ch. 92, Laws of 1974, 1st Ex. Session] Compiler's Note: The sections referred to above are contained under the following headings: Sec. 28A.01.025 under TEACHER CERTIFICATION State Board of Education (ch. 4). SEC. 28A.04.120. Powers and duties generally.-In addition to any other powers and duties as provided by law, the state board of education shall: *** (4) Examine and accredit secondary schools and approve, subject to the provisions of section 2 of this 1974 amendatory act, private schools carrying out a program for any or all of the grades one through twelve: PROVIDED, That no public or private high schools shall be placed upon the accredited list so long as secret societies are knowingly allowed to exist among its students by school officials. *** (11) By rule or regulation promulgated upon the advice of the state fire marshal, provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules and regulations shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school. * * * [February 1974] Compulsory Education Definitions (ch. 28A.01). SEC. 28A.01.010. School day.-A school day shall mean each day of the school year on which pupils enrolled in the common schools of a school district are engaged in educational activity planned by and under the direction of the school district staff, as directed by the administration and board of directors of the district [Amended by Laws 1st Ex Sess. 1971 ch. 161 sec. 1.] Compulsory School Attendance (ch. 28A.27). SEC. 28A.27.010. Attendance mandatory; age; when excused.-All parents, guardians and the persons in this state having custody of any child eight years of age and under fifteen years of age shall cause such child to attend the public school of the district in which the child resides for the full time when such school may be in session or to attend a private school for the same time unless the school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school or unless such child is attending a residential school operated by the division of institutions of the department of social and health services. All parents, guardians and other persons in this state having custody of any child fifteen years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides for the full time when such school may be in session or to attend a private school for the same time excepting when the school district superintendent determines that such child is physically or mentally unable to attend school or has already attained a reasonable proficiency in the branches required by law to be taught in the first nine grades of the public schools of this state, or the child is regularly and lawfully engaged in a useful or remunerative occupation, or the child is attending a residential school operated by the division of institutions of the department of social and health services, or the child has already met graduation requirements in accordance with state board of education rules and regulations, or the child has received a certificate of educational competence under rules and regulations established by the state board of education under section 2 of this 1973 amendatory act. Proof of absence from any public or approved private and/or parochial school shall be prima facie evidence of a violation of this section. An approved private and/or parochial school for the purposes of this section shall be one approved under regulations established by the state board of education pursuant to RCW 28A.04.120 as now or hereafter amended. [ch. 51, Laws of 1973, sec. 1. Reg. Session.] Current State School Fund School District Reimbursement programs (ch. 28A.41). SEC. 28A.41.145. Part time students; defined; enrollment authorized; reimbursement for costs; funding authority recognition; rules, regulations.—(1) For purposes of this section, the following definitions shall apply: (a) "private school student" shall mean any student enrolled full time in a private or private sectarian school; (b) "school" shall mean any primary, secondary or vocational school; (c) "school funding authority” shall mean any nonfederal governmental authority which provides moneys to common schools; (d) "part time student" shall mean and include any student enrolled in a course of instruction in a private or private sectarian school and taking courses at and/or receiving ancillary services offered by any public school not available in such private or private sectarian school district and any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which such school is located. (2) The board of directors of any school district is authorized and, in the same manner as for other public school students, shall permit the enrollment of and provide ancillary services for part time students, including (a) the part time enrollment of students involved in any work training program and desirous of taking courses within the district upon the school board's approval of any such work training program and (b) the part time enrollment of any private school student in any school within the district for the purpose of attending a class or classes or a course of instruction if the class, classes, or course of instruction for which the private school student requests enrollment, are unavailable to the student in the private school in which the student is regularly enrolled: Provided, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district. (3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) and shall include such costs in the "weighting schedule" established pursuant to RCW 28A.41.140. Each school district shall be reimbursed for the costs or a portion thereof, occasioned by attendance of and/or ancillary services provided for part time students on a part time basis, by the superintendent of public instruction, according to law. (4) Each school funding authority shall recognize the costs occasioned to each school district by enrollment of and ancillary services provided for part time |