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B-148213, MAR. 14, 1962

B-148213 Mar 14, 1962
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THE PAYMENT OF THE COST OF EDUCATION OF DEPENDENTS OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF THE ARMY DURING THE FISCAL YEAR 1961 IS AUTHORIZED UNDER SECTION 506 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT FOR THE FISCAL YEAR 1961. YOUR CLAIM WAS DISALLOWED BECAUSE THE EDUCATIONAL SERVICES WERE PERFORMED UPON THE BASIS OF A CONTRACT BETWEEN THE SCHOOL AND YOU AND NOT ONE BETWEEN THE SCHOOL AND THE GOVERNMENT AFTER AND ADMINISTRATIVE DETERMINATION OF THE INADEQUACIES OF THE LOCAL SCHOOL FACILITIES. THE RECORD SHOWS YOUR STEPSON WAS ENROLLED IN CENTRAL HIGH SCHOOL. YOU REQUESTED THAT YOUR STEPSON BE ALLOWED TO ATTEND A NON USAREUR SCHOOL BECAUSE ATTENDANCE AT THE AIR FORCE SCHOOL NECESSITATED TRAVEL BY BUS AND YOUR STEPSON WAS SUBJECT TO CAR SICKNESS.

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B-148213, MAR. 14, 1962

TO MR. JOHN BRECHKA:

YOUR LETTER OF FEBRUARY 8, 1962, REQUESTS REVIEW OF OUR SETTLEMENT OF JANUARY 29, 1962, WHICH DISALLOWED YOUR CLAIM AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FOR REIMBURSEMENT FOR TUITION PAID FOR YOUR DEPENDENT STEPSON, ROGER W. GAESS, AT A TUITION-FEE PRIVATE SCHOOL IN ENGLAND DURING THE SCHOOL YEAR 1960.

THE PAYMENT OF THE COST OF EDUCATION OF DEPENDENTS OF CIVILIAN PERSONNEL OF THE DEPARTMENT OF THE ARMY DURING THE FISCAL YEAR 1961 IS AUTHORIZED UNDER SECTION 506 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT FOR THE FISCAL YEAR 1961, 74 STAT. 350, AND UNDER THE PROVISIONS OF ARMY REGULATIONS 350-290.

YOUR CLAIM WAS DISALLOWED BECAUSE THE EDUCATIONAL SERVICES WERE PERFORMED UPON THE BASIS OF A CONTRACT BETWEEN THE SCHOOL AND YOU AND NOT ONE BETWEEN THE SCHOOL AND THE GOVERNMENT AFTER AND ADMINISTRATIVE DETERMINATION OF THE INADEQUACIES OF THE LOCAL SCHOOL FACILITIES.

THE RECORD SHOWS YOUR STEPSON WAS ENROLLED IN CENTRAL HIGH SCHOOL, BUSBY PARK, TODDINGTON, MIDDLESEX, A UNITED STATES AIR FORCE OPERATED SCHOOL. YOU REQUESTED THAT YOUR STEPSON BE ALLOWED TO ATTEND A NON USAREUR SCHOOL BECAUSE ATTENDANCE AT THE AIR FORCE SCHOOL NECESSITATED TRAVEL BY BUS AND YOUR STEPSON WAS SUBJECT TO CAR SICKNESS. THIS REQUEST WAS ADMINISTRATIVELY DISAPPROVED. YOUR FURTHER REQUEST THAT YOU BE PERMITTED TO ENTER YOUR DEPENDENT AS A DORMITORY STUDENT AT CENTRAL HIGH SCHOOL WAS ALSO ADMINISTRATIVELY REFUSED BECAUSE YOUR RESIDENCE WAS WITHIN COMMUTING DISTANCE OF THAT SCHOOL. YOU THEN ENTERED YOUR STEPSON IN A PRIVATE TUITION-FEE SCHOOL WITHOUT THE APPROVAL OF THE DEPARTMENT OF THE ARMY. REGARD YOUR CLAIM BEFORE OUR OFFICE TO BE ONE FOR REIMBURSEMENT OF THE AMOUNT PAID BY YOU FOR TUITION CHARGED BY THE PRIVATE SCHOOL FOR YOUR DEPENDENT'S SCHOOLING.

SECTION 27 OF AR 350-290 RELATING TO ATTENDANCE AT OTHER THAN LOCAL SERVICE-OPERATED DEPENDENTS' SCHOOLS READS IN PART AS FOLLOWS:

"WHEN THE COMMANDER CONCERNED DETERMINES THAT LOCAL PUBLIC SCHOOLS ARE NOT ADEQUATE, OR THAT LOCAL SERVICE-OPERATED DEPENDENTS' SCHOOLS WILL NOT BE AVAILABLE, ONE OF THE FOLLOWING ACTIONS MAY BE TAKEN:

B. COMMANDERS CONCERNED MAY MAKE NECESSARY ARRANGEMENTS WITH ADEQUATE TUITION-FEE SCHOOLS FOR THE ENROLLMENT OF ELIGIBLE ARMY MINOR DEPENDENTS AND THE PAYMENT OF COSTS AUTHORIZED IN 12B. PAYMENTS MUST BE MADE DIRECT TO THE SCHOOL BY AN ARMY AGENT OR AGENCY AUTHORIZED TO DISBURSE APPROPRIATED FUNDS. AGREEMENTS WILL BE LIMITED TO THE MINIMUM AMOUNTS REQUIRED TO PROVIDE AN ADEQUATE EDUCATION, AND WILL NOT EXCEED AVAILABLE APPROPRIATED FUNDS, * * *.'

UNDER THE ABOVE-QUOTED REGULATIONS ALL NECESSARY AGREEMENTS OR ARRANGEMENTS WITH PRIVATE TUITION-FEE SCHOOLS MUST BE MADE BY THE APPROPRIATE ADMINISTRATIVE OFFICERS AFTER A DETERMINATION OF INADEQUACIES OF THE LOCAL FACILITIES HAD BEEN MADE, AND THAT NECESSARY PAYMENTS TO THE SCHOOLS UNDER SUCH ARRANGEMENTS OR AGREEMENTS TO BE MADE BY FISCAL AGENTS OF THE GOVERNMENT. THERE IS NO PROVISION IN THE REGULATIONS UNDER WHICH A PRIVATE AGREEMENT WITH A TUITION-FEE SCHOOL MADE BY AN INDIVIDUAL OTHER THAN THE APPROPRIATE ADMINISTRATIVE OFFICER MAY OBLIGATE THE GOVERNMENT FOR THE PAYMENT OF TUITION FROM APPROPRIATED FUNDS.

IN YOUR CASE THE LIABILITY FOR TUITION AROSE FROM AN AGREEMENT BETWEEN YOU AND THE SCHOOL RATHER THAN FROM ONE BETWEEN THE GOVERNMENT AND THE SCHOOL. THEREFORE, UNDER THE REGULATIONS THERE IS NO OBLIGATION ON THE PART OF THE GOVERNMENT TO PAY THE SCHOOL OR TO REIMBURSE YOU. IT FOLLOWS THAT THE DISALLOWANCE OF YOUR CLAIM WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.

THE QUESTION OF WHETHER YOUR DEPENDENT SHOULD HAVE BEEN OR SHOULD BE ADMITTED TO THE SERVICE OPERATED SCHOOL AS A DORMITORY STUDENT IS ONE FOR ADMINISTRATIVE DETERMINATION AND IS NOT FOR CONSIDERATION BY OUR OFFICE.

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