B-125514, AUGUST 16, 1966, 46 COMP. GEN. 141

B-125514, AUGUST 16, 1966, 46 COMP. GEN. 141

OFFICERS AND EMPLOYEES - OVERSEAS - DEPENDENTS - EDUCATION - CHILDREN ATTENDING KINDERGARTEN. AN EDUCATION ALLOWANCE ON BEHALF OF THE CHILDREN OF CIVILIAN EMPLOYEES STATIONED OVERSEAS WHO ATTEND KINDERGARTEN MAY NOT BE PROVIDED UNDER THE OVERSEAS DIFFERENTIALS AND ALLOWANCES ACT AUTHORIZING ALLOWANCES NOT TO EXCEED THE COST OF ELEMENTARY AND SECONDARY EDUCATION IN THE UNITED STATES, THE LEGISLATIVE HISTORY INDICATING THE TERM "ELEMENTARY" WAS USED IN THE ACT IN THE ORDINARY DICTIONARY SENSE OF THAT TERM TO LIMIT PAYMENT OF EDUCATIONAL ALLOWANCES TO OVERSEAS EMPLOYEES HAVING DEPENDENTS IN GRADES 1 THROUGH 12. THEREFORE, THE ACT NOT CONTEMPLATING PAYMENT OF AN EDUCATION ALLOWANCE FOR CHILDREN ATTENDING KINDERGARTEN, DEFINED AS A SCHOOL OR DIVISION OF A SCHOOL BELOW THE FIRST GRADE, THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) MAY NOT BE AMENDED TO PROVIDE AN ALLOWANCE FOR KINDERGARTEN CHILDREN.

TO THE SECRETARY OF STATE, AUGUST 16, 1966:

THIS REFERS TO LETTER OF JULY 26, 1966, FROM THE DEPUTY UNDER SECRETARY OF STATE FOR ADMINISTRATION REQUESTING OUR CONCURRENCE IN YOUR DEPARTMENT ISSUING APPROPRIATE AMENDMENTS TO THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WHICH WOULD PROVIDE FOR THE PAYMENT OF AN EDUCATION ALLOWANCE ON BEHALF OF CHILDREN ATTENDING KINDERGARTEN.

THE DEPUTY UNDER SECRETARY OF STATE SAID THAT IN IMPLEMENTING EDUCATIONAL PROVISIONS OF PUBLIC LAW 22, 84TH CONG; FOREIGN SERVICE ACT AMENDMENTS OF 1955, 22 U.S.C. 1131, THE DEPARTMENT DID NOT PROVIDE FOR PAYMENT OF EDUCATION ALLOWANCES FOR KINDERGARTEN SINCE AT THAT TIME ONLY 43 PERCENT OF THE CHILDREN 5 YEARS OF AGE IN THE UNITED STATES ATTENDED KINDERGARTEN. EVEN THEN, HOWEVER, ATTENDANCE IN KINDERGARTEN WAS BELIEVED NECESSARY FOR CHILDREN WHO, BY REASON OF THEIR PARENTS' SERVICE OVERSEAS, WERE FORCED TO ADJUST TO A VARIETY OF SCHOOLS DURING THEIR EDUCATIONAL CAREER. TODAY, IT IS VITAL FOR AMERICAN CHILDREN ATTENDING SCHOOLS IN FOREIGN AREAS TO BE ON A PAR EDUCATIONALLY WITH CHILDREN OF PARENTS STATIONED IN THE UNITED STATES.

IT IS ALSO STATED THAT IN TITLE I OF PUBLIC LAW 89-10, ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, WHICH ADDED TITLE II TO PUBLIC LAW 874, 81ST CONG; THE FORMULA FOR COMPUTING MAXIMUM GRANTS TO COUNTIES INCLUDES THE NUMBER OF CHILDREN AGED 5 TO 17. IN ESTABLISHING THIS FORMULA OF 13 SCHOOL YEARS IN ELEMENTARY AND SECONDARY EDUCATION THE CONGRESS HAS RECOGNIZED KINDERGARTEN AS AN INTEGRAL PART OF THE ELEMENTARY SCHOOL SYSTEM IN THIS COUNTRY. IN APPLYING FOR FUNDS UNDER TITLE III OF PUBLIC LAW 89-10, 20 U.S.C. 841, THE LOCAL SCHOOL DISTRICTS MAY INCLUDE PROGRAMS OF DIRECT BENEFIT TO KINDERGARTEN CHILDREN. UNDER PUBLIC LAW 874. 81ST CONG; ASSISTANCE IS GRANTED TO FEDERALLY IMPACTED AREAS WITHOUT BEING EARMARKED FOR GRADE LEVELS. THE FUNDS MAY OR MAY NOT BE APPLIED TO KINDERGARTENS.

SECTION 221/4) (A) OF THE OVERSEAS DIFFERENTIALS AND ALLOWANCES ACT, PUBLIC LAW 86-707, 5 U.S.C. 3037, AUTHORIZES AN EDUCATION ALLOWANCE IN FOREIGN AREAS NOT TO EXCEED THE COSTS OF OBTAINING SUCH ELEMENTARY AND SECONDARY EDUCATIONAL SERVICES AS ARE ORDINARILY PROVIDED WITHOUT CHARGE BY THE PUBLIC SCHOOLS IN THE UNITED STATES. WE NOTE THAT THE 1965 EDITION OF WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY DEFINES THE TERM "ELEMENTARY SCHOOL" AS A SCHOOL IN WHICH ELEMENTARY SUBJECTS (AS READING, WRITING, SPELLING, AND ARITHMETIC) ARE TAUGHT TO CHILDREN FROM ABOUT 6 TO 12 YEARS OF AGE WHICH IN THE UNITED STATES COVERS THE FIRST SIX OR EIGHT GRADES. ON THE OTHER HAND, THE TERM "KINDERGARTEN" AS DEFINED IN SUCH DICTIONARY USUALLY REFERS TO A SCHOOL OR DIVISION OF SCHOOL BELOW THE FIRST GRADE. WHILE PUBLIC LAW 89-10 PROVIDES THAT IN COMPUTING MAXIMUM GRANTS TO THE COUNTIES THERE SHALL BE INCLUDED THE NUMBER OF CHILDREN AGED 5 TO 17, THERE IS NO SUCH AGE LIMIT SPECIFIED IN PUBLIC LAW 86-707. THE OTHER HAND, S. REPT. NO. 1647, JUNE 22, 1960, TO ACCOMPANY H.R. 7758, WHICH WAS ENACTED INTO PUBLIC LAW 86-707, STATES ON PAGE 7 AS FOLLOWS:

4. THE BILL CONTINUES PRESENT AUTHORITY FOR ALL AGENCIES TO PROVIDE AN ALLOWANCE TO COVER ADDITIONAL COSTS OF SECURING ADEQUATE EDUCATION OF DEPENDENTS (SEC. 221).

EDUCATION ALLOWANCES ARE GRANTED ONLY AT THOSE POSTS WHERE THE COSTS OF ADEQUATE SCHOOLING IN GRADES 1 THROUGH 12 ARE IN EXCESS OF THE COSTS THAT WOULD BE INCURRED FOR A CHILD IN A U.S. PUBLIC SCHOOL. (ITALICS SUPPLIED.)

THE QUOTED STATEMENT FROM THE SENATE REPORT STRONGLY INDICATES THAT THE TERM "ELEMENTARY" APPEARING IN SECTION 221/4) (A) OF PUBLIC LAW 86 707 WAS USED IN THE ORDINARY (DICTIONARY) SENSE OF THAT TERM AND THAT IT WAS THE INTENT OF THE SENATE THAT PAYMENT OF EDUCATIONAL ALLOWANCES WOULD BE LIMITED TO THOSE EMPLOYEES HAVING DEPENDENTS IN GRADES 1 THROUGH 12. MOREOVER, SUCH TERM CONSISTENTLY HAS BEEN INTERPRETED AND APPLIED IN SUCH RESTRICTIVE SENSE SINCE THE DATE OF ENACTMENT OF PUBLIC LAW 86-707.

ACCORDINGLY, WE CANNOT CONCUR IN YOUR VIEW THAT PUBLIC LAW 86-707 AUTHORIZES OR CONTEMPLATES THE ISSUANCE OF AMENDMENTS TO THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) WHICH WOULD PROVIDE FOR THE PAYMENT OF AN EDUCATION ALLOWANCE ON BEHALF OF CHILDREN ATTENDING KINDERGARTEN.