School boards are back on solid legal ground in passing resolutions supporting or opposing ballot measures, thanks to a new law that took effect earlier this month.

Last January, state Attorney General Rob McKenna issued a formal legal opinion which held that the elected governing boards of school districts and other "special purpose" districts did not have legal authority to take positions on state and local ballot measures — a practice that has been in use for many years in this state.

School boards periodically take positions on ballot measures, particularly those related to education issues. While state law generally prohibits the use of public resources for political purposes, it does allow "activities which are part of the normal and regular conduct of the office or agency."

The opinion concluded that the "normal and regular conduct" exception did not authorize special districts to take positions for or against ballot measures. That authorization, it said, must be specifically granted by the Legislature.

In response, the 2006 Legislature approved a measure making it clear that school boards and other elected bodies of special purpose districts do have the authority to go on record supporting or opposing ballot measures. The bill (SHB 2713) notes that the state has a longstanding policy of promoting informed public discussion and understanding of ballot propositions, and concludes that there is a public benefit from "an open and inclusive discussion of proposed ballot measures by local elected leaders."

The bill was signed by Gov. Gregoire March 27 and took effect June 7.

School boards should keep in mind that the law requires specific procedures for adopting a resolution or motion on ballot measures. Also, state law prohibits the use of public facilities for campaign purposes.