B-74046, OCTOBER 20, 1961, 41 COMP. GEN. 259

B-74046: Oct 20, 1961

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS AVAILABLE FOR MATCHING FEDERAL FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA FOR APPRENTICESHIP TRAINING IN DISTRICT OF COLUMBIA PUBLIC SCHOOLS UNDER THE ACT OF FEBRUARY 23. FOR SUCH PURPOSES ARE AVAILABLE FOR THE PAYMENT OF TUITION OF NONRESIDENT APPRENTICES ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA. IT IS STATED THAT UNDER THE TERMS OF THE SMITH-HUGHES VOCATIONAL EDUCATION ACT OF FEBRUARY 23. FUNDS ARE APPROPRIATED TO THE DEPARTMENT OF HEALTH. THE VIEW IS EXPRESSED THAT IF IT BE DETERMINED THAT FEDERAL FUNDS ARE AVAILABLE TO PAY FOR THE TUITION OF NONRESIDENT APPRENTICES. IT IS POINTED OUT. CONTEMPLATES THAT THE EXPENSES OF ATTENDANCE IN THE DISTRICT PUBLIC SCHOOLS OF NONRESIDENTS ARE TO BE BORNE BY THEM RATHER THAN BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.

B-74046, OCTOBER 20, 1961, 41 COMP. GEN. 259

DISTRICT OF COLUMBIA - SCHOOLS - NONRESIDENT TUITION REQUIREMENT - APPRENTICESHIP PROGRAM ALTHOUGH THE APPROPRIATION FOR VOCATIONAL EDUCATION IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1962, 75 STAT. 561, IS AVAILABLE FOR MATCHING FEDERAL FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA FOR APPRENTICESHIP TRAINING IN DISTRICT OF COLUMBIA PUBLIC SCHOOLS UNDER THE ACT OF FEBRUARY 23, 1917, 20 U.S.C. 11, FOR RESIDENT AND NONRESIDENT PUPILS, THE PROVISIONS OF THE DISTRICT OF COLUMBIA NONRESIDENT TUITION ACT, 74 STAT. 853, WHICH LIMIT THE FURNISHING OF FREE EDUCATION IN DISTRICT OF COLUMBIA SCHOOLS TO PUPILS LEGALLY RESIDENT IN DISTRICT OF COLUMBIA AND REQUIRE PAYMENT OF TUITION AS A CONDITION PRECEDENT TO INSTRUCTION IN DISTRICT OF COLUMBIA SCHOOLS TO NONRESIDENT PUPILS, NOT EXPRESSLY EXCEPTED, PRECLUDE THE USE OF THE EDUCATION APPROPRIATION FOR PAYMENT OF TUITION OF NONRESIDENT APPRENTICES ATTENDING PUBLIC SCHOOLS UNDER THE PROGRAM.

TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, OCTOBER 20, 1961:

BY LETTER OF SEPTEMBER 14, 1961, THE ACTING PRESIDENT OF THE BOARD OF COMMISSIONERS REQUESTED A DECISION AS TO WHETHER APPROPRIATIONS MADE TO THE DISTRICT OF COLUMBIA FOR THE DEVELOPMENT OF VOCATIONAL EDUCATION AND FEDERAL FUNDS ALLOTTED TO THE STATES, INCLUDING THE DISTRICT OF COLUMBIA, FOR SUCH PURPOSES ARE AVAILABLE FOR THE PAYMENT OF TUITION OF NONRESIDENT APPRENTICES ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA.

IT IS STATED THAT UNDER THE TERMS OF THE SMITH-HUGHES VOCATIONAL EDUCATION ACT OF FEBRUARY 23, 1917, 39 STAT. 929, AS AMENDED, 20 U.S.C. 11, ET SEQ. FUNDS ARE APPROPRIATED TO THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE FOR ALLOTMENT TO THE STATES AND TO THE DISTRICT OF COLUMBIA, ON AN EQUAL MATCHING FUND BASIS, FOR TRAINING PROGRAMS FOR APPRENTICES. THE VIEW IS EXPRESSED THAT IF IT BE DETERMINED THAT FEDERAL FUNDS ARE AVAILABLE TO PAY FOR THE TUITION OF NONRESIDENT APPRENTICES, IT WOULD SEEM THAT THE MATCHING PROVISIONS OF THE ACT (20 U.S.C. 15K) WOULD REQUIRE SUCH PAYMENTS TO BE MATCHED BY THE DISTRICT OF COLUMBIA. IT IS POINTED OUT, HOWEVER, THAT THE DISTRICT OF COLUMBIA NONRESIDENT TUITION ACT, APPROVED SEPTEMBER 8, 1960, 74 STAT. 853, CONTEMPLATES THAT THE EXPENSES OF ATTENDANCE IN THE DISTRICT PUBLIC SCHOOLS OF NONRESIDENTS ARE TO BE BORNE BY THEM RATHER THAN BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.

THE ACTING PRESIDENT REQUESTS OUR DECISION ON TWO QUESTIONS, NAMELY, (1) AS TO WHETHER FEDERAL FUNDS APPROPRIATED FOR THE CONDUCT OF THE APPRENTICESHIP PROGRAM IN THE DISTRICT OF COLUMBIA ARE AVAILABLE FOR THE PAYMENT OF THE TUITION OF NONRESIDENT APPRENTICES ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA, AS REQUIRED BY THE NONRESIDENT TUITION ACT, AND (2) WHETHER DISTRICT OF COLUMBIA FUNDS APPROPRIATED TO MATCH THE FEDERAL FUNDS REQUIRED FOR SUCH PROGRAM ALSO ARE AVAILABLE FOR THE PAYMENT OF SUCH TUITION, IN THE LIGHT OF THE CLEAR LANGUAGE AND THE LEGISLATIVE HISTORY OF THE DISTRICT OF COLUMBIA NONRESIDENT TUITION ACT.

THE FIRST QUESTION PRESENTED IS NOT PROPERLY FOR ANSWERING CATEGORICALLY BY OUR OFFICE AT THIS TIME. FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA FROM THE APPROPRIATION MADE TO THE OFFICE OF EDUCATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, FOR COOPERATION WITH THE STATES AND THE DISTRICT OF COLUMBIA IN THE DEVELOPMENT OF VOCATIONAL EDUCATION ( DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE APPROPRIATION ACT, 1962, PUBLIC LAW 87-290, APPROVED SEPTEMBER 22, 1961, 75 STAT. 595), ARE LIMITED BY THE PROVISIONS OF THE SMITH-HUGHES VOCATIONAL EDUCATION ACT, AS AMENDED, TO SPECIFIED ITEMS OF EXPENDITURE FOR THE ACCOMPLISHMENT OF STATE AND DISTRICT OF COLUMBIA AUTHORIZED PLANS FOR TRAINING PROGRAMS FOR APPRENTICES APPROVED IN ADVANCE BY THAT DEPARTMENT. SEE 20 U.S.C. 15J AND 18.

SINCE THIS APPROPRIATION IS UNDER THE ADMINISTRATIVE CONTROL OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, QUESTIONS INVOLVING THE AVAILABILITY OF FUNDS ALLOTTED THEREUNDER TO THE DISTRICT OF COLUMBIA FOR PARTICULAR ITEMS OF EXPENDITURE ARE IN THE FIRST INSTANCE FOR CONSIDERATION BY THAT DEPARTMENT.

IF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE SHOULD DETERMINE THAT THE FUNDS ARE AVAILABLE FOR TUITION PAYMENTS OF NONRESIDENT APPRENTICES IN THE DISTRICT OF COLUMBIA AFTER CONSIDERING OUR ANSWER HEREIN TO YOUR SECOND QUESTION AND YOU STILL HAVE DOUBT AS TO THE PROPRIETY OF SUCH DETERMINATION, YOU MAY PRESENT THE MATTER HERE FOR FURTHER CONSIDERATION.

REGARDING THE SECOND QUESTION, THE DISTRICT OF COLUMBIA APPROPRIATION ACT, 1962, PUBLIC LAW 87-265, APPROVED SEPTEMBER 21, 1961, 75 STAT. 561, MAKES AN APPROPRIATION FOR " EDUCATION * * * $54,016,210 OF WHICH $569,000 SHALL BE FOR DEVELOPMENT OF VOCATIONAL EDUCATION IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE ACT OF JUNE 8, 1960 (1936), AS AMENDED.' WITH REFERENCE TO APPRENTICESHIP TRAINING, THE ACT OF MAY 21, 1946, 60 STAT. 204, ESTABLISHED FOR YOUNG PEOPLE IN THE DISTRICT OF COLUMBIA A PROGRAM OF VOLUNTARY APPRENTICESHIP, UNDER APPROVED APPRENTICESHIP AGREEMENTS PROVIDING FACILITIES FOR THEIR TRAINING AND GUIDANCE IN THE ARTS AND CRAFTS OF INDUSTRY AND TRADE, WITH PARALLEL INSTRUCTION IN RELATED AND SUPPLEMENTARY EDUCATION TO BE FURNISHED BY THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA.

AS INDICATED IN THE LETTER OF THE ACTING PRESIDENT OF THE BOARD OF COMMISSIONERS, THE DISTRICT OF COLUMBIA NONRESIDENT TUITION ACT IS THE APPLICABLE STATUTE GOVERNING THE PAYMENT OF TUITION FOR THE INSTRUCTION OF NONRESIDENT PUPILS IN THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA. THIS ACT, BY ITS SPECIFIC TERMS, REQUIRES PAYMENT OF TUITION FOR ALL PUPILS ATTENDING THE PUBLIC SCHOOLS IN THE DISTRICT OF COLUMBIA, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, WHO DO NOT HAVE A PARENT OR LEGAL GUARDIAN RESIDING IN THE DISTRICT OF COLUMBIA. IN OTHER WORDS, THE ACT LIMITS THE FURNISHING OF FREE EDUCATION IN THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS TO THOSE PUPILS LEGALLY RESIDENT THEREIN OR LIVING THEREIN WITH PARENTS OR GUARDIANS, AND REQUIRES THE PAYMENT OF TUITION AS A CONDITION OF PROVIDING INSTRUCTION IN SUCH SCHOOLS TO ALL NONRESIDENT PUPILS NOT OTHERWISE EXPRESSLY EXCEPTED.

THERE BEING NOTHING CONTAINED IN THE DISTRICT OF COLUMBIA NONRESIDENT TUITION ACT TO EXCEPT NONRESIDENT APPRENTICES FROM THE PAYMENT OF TUITION FOR SUPPLEMENTARY EDUCATION IN THE DISTRICT SCHOOLS, AND SINCE THE APPROPRIATION QUOTED ABOVE FOR VOCATIONAL EDUCATION IN THE DISTRICT OF COLUMBIA AND ITS LEGISLATIVE HISTORY DO NOT EVIDENCE A CONTRARY INDICATION, THERE SEEMS LITTLE, IF ANY, ROOM FOR DOUBT THAT THIS APPROPRIATION IS NOT PROPERLY AVAILABLE FOR THE PAYMENT OF TUITION OF NONRESIDENT APPRENTICES ATTENDING PUBLIC SCHOOLS. WHILE IT IS OTHERWISE AVAILABLE FOR MATCHING FEDERAL FUNDS ALLOTTED TO THE DISTRICT OF COLUMBIA FOR APPRENTICESHIP PROGRAMS, THE TUITION OF NONRESIDENT APPRENTICES ATTENDING PUBLIC SCHOOLS WILL HAVE TO BE PAID BY SUCH APPRENTICES.