A-19852, SEPTEMBER 24, 1927, 7 COMP. GEN. 234

A-19852: Sep 24, 1927

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DISTRICT OF COLUMBIA SCHOOL TEACHERS - LONGEVITY PAY A TEACHER IN THE SCHOOLS OF THE DISTRICT OF COLUMBIA WHO IS GRANTED LEAVE OF ABSENCE FOR ONE YEAR FOR THE PURPOSE OF TEACHING IN AN ACCREDITED SCHOOL IN CALIFORNIA. IS ENTITLED TO CREDIT FOR THAT YEAR'S TEACHING IN COMPUTING HER LONGEVITY INCREASE OF PAY. DURING WHICH SHE WAS ON LEAVE OF ABSENCE WITHOUT PAY AND TEACHING IN A SCHOOL IN CALIFORNIA UNDER A MUTUAL EXCHANGE ARRANGEMENT THROUGH THE SCHOOL AUTHORITIES BY WHICH A CALIFORNIA TEACHER TAUGHT FOR THE SAME PERIOD IN THE SCHOOLS OF THE DISTRICT. ESTABLISHED BASIC SALARIES FOR THE VARIOUS CLASSES AND GROUPS OF TEACHERS IN THE DISTRICT OF COLUMBIA AND PROVIDED FOR A FLAT INCREASE EACH YEAR UNTIL THE MAXIMUM FOR THAT PARTICULAR GROUP WAS REACHED.

A-19852, SEPTEMBER 24, 1927, 7 COMP. GEN. 234

DISTRICT OF COLUMBIA SCHOOL TEACHERS - LONGEVITY PAY A TEACHER IN THE SCHOOLS OF THE DISTRICT OF COLUMBIA WHO IS GRANTED LEAVE OF ABSENCE FOR ONE YEAR FOR THE PURPOSE OF TEACHING IN AN ACCREDITED SCHOOL IN CALIFORNIA, UNDER A MUTUAL ARRANGEMENT BY WHICH A CALIFORNIA TEACHER ALSO TEACHES FOR THE SAME PERIOD IN THE DISTRICT OF COLUMBIA, IS ENTITLED TO CREDIT FOR THAT YEAR'S TEACHING IN COMPUTING HER LONGEVITY INCREASE OF PAY, PROVIDED HER COMPENSATION WOULD NOT THEN EXCEED THE MAXIMUM AUTHORIZED FOR THE GROUP TO WHICH ASSIGNED.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, SEPTEMBER 24, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 13, 1927, REQUESTING DECISION AS TO THE RIGHT OF MISS M. L. JAQUETTE, A TEACHER IN THE PUBLIC SCHOOLS IN THE DISTRICT OF COLUMBIA TO RECEIVE CREDIT--- IN COMPUTING HER LONGEVITY INCREASE FROM JULY 1, 1926--- FOR THE SCHOOL YEAR 1925-26, DURING WHICH SHE WAS ON LEAVE OF ABSENCE WITHOUT PAY AND TEACHING IN A SCHOOL IN CALIFORNIA UNDER A MUTUAL EXCHANGE ARRANGEMENT THROUGH THE SCHOOL AUTHORITIES BY WHICH A CALIFORNIA TEACHER TAUGHT FOR THE SAME PERIOD IN THE SCHOOLS OF THE DISTRICT.

THE ACT OF JUNE 4, 1924, 43 STAT. 367, ESTABLISHED BASIC SALARIES FOR THE VARIOUS CLASSES AND GROUPS OF TEACHERS IN THE DISTRICT OF COLUMBIA AND PROVIDED FOR A FLAT INCREASE EACH YEAR UNTIL THE MAXIMUM FOR THAT PARTICULAR GROUP WAS REACHED. SAID ACT FURTHER PROVIDED IN SECTION 6 THEREOF:

* * * THAT ALL TEACHERS, SCHOOL OFFICERS, OR OTHER EMPLOYEES HEREAFTER APPOINTED, SHALL BE PLACED IN THE SALARY CLASSES AND POSITIONS IN THE FOREGOING SCHEDULE BY THE SAID BOARD, AND ALL TEACHERS AND OTHER EMPLOYEES ASSIGNED TO CLASSES 1, 2, 3, AND 4 OF THE FOREGOING SCHEDULE IN THE SERVICE OF THE SAID BOARD ON JULY 1, 1924, OR THEREAFTER APPOINTED SHALL RECEIVE THEIR LONGEVITY INCREASE ACCORDING TO THEIR PREVIOUS NUMBER OF YEARS OF EXPERIENCE IN TEACHING IN LIKE POSITIONS IN ACCREDITED SCHOOLS TO THOSE WHICH THEY HOLD ON JULY 1, 1924, OR TO WHICH THEY MAY THEREAFTER BE APPOINTED: * * * PROVIDED FURTHER, THAT NO TEACHER OR OTHER EMPLOYEE SHALL BE PLACED IN THE SALARY SCHEDULE FOR MORE THAN THE FOURTH YEAR OF EXPERIENCE IN CLASSES 1, 2, GROUP A, OR 4, OR MORE THAN THE FIFTH YEAR OF EXPERIENCE IN CLASS 2, GROUP C, OR CLASS 3.

UNDER SECTION 4 OF THE RULES PRESCRIBED BY THE BOARD OF EDUCATION, TEACHERS MAY BE GRANTED A YEAR'S LEAVE OF ABSENCE WITHOUT PAY FOR THE PURPOSE OF PURSUING AN EDUCATIONAL COURSE, AND IT IS UNDERSTOOD THAT NO LONGEVITY INCREASE HAS EVER BEEN PAID BY REASON OF SUCH EDUCATIONAL LEAVE OF ABSENCE; EDUCATIONAL QUALIFICATIONS BEING FOR CONSIDERATION IN THE PLACEMENT OF TEACHERS WITHIN BASIC GROUPS OR CLASSES AND FOR THE PURPOSE OF PROMOTION BETWEEN GROUPS. THERE IS NOTHING IN THE STATUTE SPECIFICALLY AUTHORIZING THE GRANTING OF A LEAVE OF ABSENCE FOR THE PURPOSE OF TEACHING IN ANOTHER JURISDICTION, AND IT IS STATED THAT THERE ARE NO REGULATIONS OF THE BOARD SO PROVIDING. NEITHER IS THERE ANY SPECIFIC STATUTORY AUTHORITY FOR GRANTING LEAVES OF ABSENCE FOR EDUCATIONAL PURPOSES; BUT THE GRANTING OF LEAVE WITHOUT PAY FOR EITHER OF THE PURPOSES WOULD APPEAR TO BE A MATTER WITHIN THE DISCRETION OF THE BOARD OF EDUCATION. THE STATUTE ABOVE QUOTED DOES, HOWEVER, AUTHORIZE, IN SECTION 6, CREDIT FOR PREVIOUS TEACHING EXPERIENCE IN OTHER SCHOOLS IN THE LONGEVITY PLACEMENT OF NEW APPOINTEES AS WELL AS THOSE WHO WERE IN THE SERVICE JULY 1, 1924. UNDER THIS SECTION OF THE STATUTE A NEW APPOINTEE RECEIVING A PERMANENT APPOINTMENT AT THE SAME TIME THAT MISS JAQUETTE RESUMED HER DUTIES AS TEACHER IN THE DISTRICT OF COLUMBIA SCHOOLS AFTER A YEAR'S LEAVE WOULD HAVE BEEN ENTITLED TO CREDIT FOR ALL PREVIOUS TEACHING EXPERIENCE IN ACCREDITED SCHOOLS IN CALIFORNIA OR THE DISTRICT OF COLUMBIA OR ELSEWHERE, SUBJECT TO THE LIMITATION IN THE FOURTH PROVISO TO THAT SECTION QUOTED ABOVE. IT IS NOT BELIEVED THAT IT WAS THE INTENTION OF THE CONGRESS TO FAVOR NEW APPOINTEES OVER THOSE ALREADY IN THE SERVICE.

THE EXCHANGE OF TEACHERS APPEARS TO HAVE BEEN ARRANGED BY THE RESPECTIVE SCHOOL AUTHORITIES IN ANTICIPATION OF MUTUAL BENEFITS TO SCHOOL SYSTEMS AND NOT PRIMARILY FOR THE PERSONAL BENEFIT OF THE INDIVIDUAL TEACHERS. MAY BE PRESUMED THEREFORE THAT THE VALUE OF MISS JAQUETTE'S SERVICE TO THE DISTRICT OF COLUMBIA WAS ENHANCED AS MUCH, IF NOT MORE, BY THE YEAR'S TEACHING IN CALIFORNIA AS IT WOULD HAVE BEEN HAD SHE TAUGHT FOR THAT YEAR IN THE DISTRICT.

NEITHER THE GROUP OR CLASS TO WHICH MISS JAQUETTE IS ASSIGNED NOR THE AMOUNT OF HER COMPENSATION IS GIVEN, BUT IT IS STATED THAT UPON HER RETURN TO TEACHING IN THE DISTRICT SHE WAS GIVEN A SALARY NEXT ABOVE THE SALARY RECEIVED BY HER AT THE TIME SHE STARTED ON HER LEAVE OF ABSENCE, WHICH IS UNDERSTOOD TO MEAN THAT SHE WAS GIVEN THE LONGEVITY INCREASE TO WHICH THE YEAR'S TEACHING IN THE DISTRICT SCHOOLS IMMEDIATELY PRECEDING HER LEAVE OF ABSENCE ENTITLED HER. WITH THIS UNDERSTANDING, SHE WOULD APPEAR TO BE ENTITLED TO THE ADDITIONAL YEAR'S CREDIT FOR LONGEVITY PAY PURPOSES COVERING THE YEAR DURING WHICH SHE TAUGHT IN THE PUBLIC SCHOOLS OF CALIFORNIA, EFFECTIVE FROM JULY 1, 1926, PROVIDED, OF COURSE, THAT HER COMPENSATION WILL NOT THEN EXCEED THE MAXIMUM AUTHORIZED FOR THE GROUP TO WHICH ASSIGNED.