The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1918-11-29
COMPENSATION OF TEACHERS
DURING INFLUENZA PERIOD
Attorney General Decides That I'm
der Certain Conditions They Are
Entitled TO Pay

| opinion OF Ine Attorney NeHSidi VI
flee was submitted to the State Super
intendent of Public Instruction and
mailed to every county superinten-
dent:
On October 81 this office rel aered
an opinion to the prosecuting attorney
of Mason county to the effect that
teachers were entitled to full compen-
sation for the period during which
schools were closed on account of the
recent epidemic of influenza. We
have since been requested by yourself
End by the prosecuting attorneys OF
several counties of the state for our
opinion on other questions arising
out of the closing of the schools. As
the questions are largely governed by
The same principles we have deemed it
advisable to consider them together
and we are accordingly giving our
opinion to your office on all the re-
quests submitted.
The specific inquiries are:
=. Whether apportionments may,
on account of the emergency, be al
lowed for longer period than the fif-
teen days permitted by section 4573,
Rem. 1915 Code.
g Whether a teacher who has
earned money at other employment is
entitled to full compensation during
the closed period.
3. Whether teacher who was i'll
during portion of the closed period
is entitled to full compensation.
A. Whether teacher who absented
herself from the district during the
closed period is entitled to full COM
pensation.
5. Whether persons holding con-
tracts with the school board for the
transportation of children to and from
schools are entitled to compensation
for the period during which schools
were closed.
In answer to the first inquiry we
have to advise that section 4573 is
specific in limiting the apportionment
to a school closed on account of sick
ress to a period of fifteen days. I'm
der the statute apportionment may not
be made for longer period. We un
derstand that your office has deter
mined that inasmuch as the closing
was general thruout the state the total
amount to be apportioned between the
schools per diem will be increased, and
| that the districts will not suffer in
their apportionment as a result of the
| closing.
The other inquiries are governed by
the same general principles and we
will accordingly discuss them together.
The rule of law applicable was
stated in our opinion of October 81,
in which we said, "where the schools
have been closed by the board of di-
rectors of district, acting either up
on their own initiative or under Or
ders of board having lawful author
ity, a teacher whose contract does not
expressly provide for such a contin-
gency is entitled to full compensation
for the period during which the schools
are closed if he is able and willing to
teach during the closed period and
holds himself in readiness to resume
his duties upon the reopening of
school," The contract with the teach
er will of course govern in any event,
but where there is no specific provis-
ion in the contract the fact that the
teacher has earned money at any other
employment during the time the
| schools were closed does not, in our
opinion, affect his right to full COM
pensation for the closed period if he
held himself in readiness to resume
teaching upon the reopening of schools
and did so resume teaching when
schools reopened. Being prevented
from teaching through no fault of his
own, it seems to us immaterial
whether the teacher followed some
other occupation for which he received
remuneration, or engaged in non-re-
munerative work for his own benefit
or passed the time in idleness. Nor
do we deem it material whether the
teacher remained in the district during
the period of quarantine if he was
ready to resume school upon the reop-
ening and fully complied with the re-
quest of the directors to resume teach
ing.
The same principles are applicable
to the payment of one holding con-
tract for the transportation of school
children; that is, if the person had a
contract to transport the pupils dur
ing the period of the epidemic which
he was prevented from performing by
reason of the fact that the schools
were closed, he is nevertheless en-
titled to his compensation if he held
himself in readiness 10 resume the