A-12514, MARCH 5, 1926, 5 COMP. GEN. 692

A-12514, MARCH 5, 1926, 5 COMP. GEN. 692

DISTRICT OF COLUMBIA - SCHOOL TEACHERS TEACHERS IN JUNIOR HIGH SCHOOLS OF THE DISTRICT OF COLUMBIA WHO WERE IN CLASSES 3, 4, AND 5, UNDER THE ACT OF JUNE 20, 1906, 34 STAT. 316, BUT WHO ACTUALLY POSSESSED ON JUNE 30, 1924, THE ELIGIBILITY REQUIREMENTS OF TEACHERS OF SENIOR HIGH SCHOOLS UNDER CLASS 6, GROUP A, OF THE ACT OF 1906, WERE ENTITLED TO ASSIGNMENT ON JULY 1, 1924, TO CLASS 2, GROUP C, UNDER THE ACT OF JUNE 4, 1924, 43 STAT. 367, EVEN THOUGH THEY WERE NOT THEN ACTUALLY IN CLASS 6, GROUP A, UNDER THE ACT OF 1906, AND HAD NOT TAKEN A COMPETITIVE EXAMINATION FOR APPOINTMENT THERETO.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, MARCH 5, 1926:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF DECEMBER 30, 1925, REQUESTING DECISION UPON A QUESTION PRESENTED AS FOLLOWS:

SHOULD THE TEACHERS IN THE JUNIOR HIGH SCHOOLS OF THE DISTRICT OF COLUMBIA PLACED IN CLASSES 3, 4, AND 5, PRIOR TO THE PASSAGE OF THE ACT OF JUNE 4, 1924, WHO POSSESSED THE ELIGIBILITY REQUIREMENTS OF TEACHERS IN THE ELEMENTARY SCHOOLS AND WHO, IN ADDITION, HAD MET THE HIGHER ELIGIBILITY ESTABLISHED BY THE BOARD OF EDUCATION FOR TEACHERS IN THE JUNIOR HIGH SCHOOLS, BE PLACED IN CLASS 2C AS PROVIDED IN SECTION 6 OF PARAGRAPH E OF THE ACT OF JUNE 4, 1924, OR SHOULD THEY REMAIN AS CLASSIFIED BY THE SUPERINTENDENT OF SCHOOLS?

THE ACT OF JUNE 4, 1924, 43 STAT. 367, RECOGNIZED THE ESTABLISHMENT OF THE JUNIOR HIGH SCHOOLS IN THE DISTRICT OF COLUMBIA. PRIOR TO THAT TIME SUCH SCHOOLS WERE CONDUCTED IN CONNECTION WITH THE SCHOOL PROGRAM AS AN EXPERIMENT. TEACHERS POSSESSING THE ELIGIBILITY REQUIREMENTS OF TEACHERS IN THE ELEMENTARY SCHOOLS AND WHO HAD MET THE ADDITIONAL REQUIREMENTS SPECIFIED BY THE BOARD OF EDUCATION WERE DETAILED FOR DUTIES IN SUCH SCHOOLS. IT APPEARS THAT THESE TEACHERS HAD BEEN PLACED IN CLASSES 4 AND 5 UNDER THE PROVISIONS OF THE SALARY SCHEDULE PROVIDED IN THE ACT OF JUNE 20, 1906, 34 STAT. 316, AND RECEIVED THE SALARIES OF SUCH CLASSES UNTIL JUNE 30, 1924, WHEN THE SCHOOL AUTHORITIES ALLOCATED THEM TO CLASS 2, GROUP A, UNDER THEIR INTERPRETATION OF THE PROVISIONS OF SECTION 6, PARAGRAPH (D), OF THE ACT OF JUNE 4, 1924, 43 STAT. 372. IT IS URGED BY CERTAIN OF THESE TEACHERS THAT THEY SHOULD HAVE BEEN ALLOCATED UNDER SECTION 6, PARAGRAPH (E), OF THE ACT IN VIEW OF THE FACT THAT THEY POSSESSED THE ELIGIBILITY REQUIREMENTS REFERRED TO IN SAID PARAGRAPH ON JUNE 30, 1924.

THE ACT OF JUNE 4, 1924, 43 STAT. 367-375, PROVIDES IN PART AS FOLLOWS:

THAT ON AND AFTER JULY 1, 1924, THE SALARIES OF TEACHERS * * * OF THE DISTRICT OF COLUMBIA SHALL BE AS FOLLOWS:

SECTION 1 EMBODIES ARTICLE I WHICH IS ENTITLED "SALARIES OF TEACHERS AND SCHOOL LIBRARIANS" AND NAMES THE SALARIES FOR VARIOUS GROUPS, AND ALSO EMBODIES ARTICLE II WHICH IS ENTITLED "SALARIES OF ADMINISTRATIVE AND SUPERVISORY OFFICERS" AND NAMES THE SALARIES OF THE VARIOUS CLASSES.

ARTICLE III IS ENTITLED "CLASSIFICATION AND ASSIGNMENT OF EMPLOYEES" AND CONTAINS SECTION 2.

ARTICLE IV IS ENTITLED "METHOD OF ASSIGNMENT OF EMPLOYEES TO SALARIES" AND EMBODIES SECTIONS 4, 5 AND 6.

ARTICLE V IS ENTITLED "METHOD OF PROMOTION OF EMPLOYEES" AND EMBODIES SECTIONS 7, 8, 9, AND 10.

ARTICLE VI IS ENTITLED "ACCOMPANYING LEGISLATION" AND EMBODIES SECTIONS 11 TO 19.

THE PARTICULAR PROVISIONS OF THE ENACTMENT APPLICABLE TO THE PRESENT MATTER ARE AS FOLLOWS:

CLASS 2.--- TEACHERS IN JUNIOR HIGH SCHOOLS.

A TEACHER IN THE JUNIOR HIGH SCHOOLS WHO POSSESSES THE ELIGIBILITY REQUIREMENTS OF TEACHERS IN THE ELEMENTARY SCHOOLS AND WHO IN ADDITION HAS MET THE HIGHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE BOARD OF EDUCATION FOR TEACHERS IN JUNIOR HIGH SCHOOLS SHALL BE PAID IN ACCORDANCE WITH THE FOLLOWING SCHEDULES:

GROUP A.--- A BASIC SALARY OF $1,600 PER YEAR, WITH AN ANNUAL INCREASE IN SALARY OF $100 FOR EIGHT YEARS, OR UNTIL A MAXIMUM SALARY OF $2,400 PER YEAR IS REACHED.

A TEACHER IN THE JUNIOR HIGH SCHOOLS WHO POSSESSES THE ELIGIBILITY REQUIREMENTS OF TEACHERS IN THE SENIOR HIGH AND NORMAL SCHOOLS SHALL BE PAID IN ACCORDANCE WITH THE FOLLOWING SCHEDULES:

GROUP C.--- A BASIC SALARY OF $1,800 PER YEAR, WITH AN ANNUAL INCREASE IN SALARY OF $100 FOR TEN YEARS, OR UNTIL A MAXIMUM SALARY OF $2,800 PER YEAR IS REACHED.

SEC. 2. THAT THE BOARD OF EDUCATION IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED, ON RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, TO CLASSIFY AND ASSIGN ALL TEACHERS, SCHOOL OFFICERS, AND OTHER EMPLOYEES TO THE SALARY CLASSES AND POSITIONS IN THE FOREGOING SALARY CHEDULE: * * *

SEC. 6. THAT TEACHERS, SCHOOL OFFICERS, AND OTHER EMPLOYEES IN THE SERVICE OF THE BOARD OF EDUCATION ON JULY 1, 1924, SHALL BE PLACED IN THE SALARY CLASSES AND POSITIONS IN THE FOREGOING SALARY SCHEDULE: * * *

(D) FROM TEACHERS IN JUNIOR HIGH SCHOOLS, POSSESSING THE ELIGIBILITY REQUIREMENTS OF TEACHERS OF ELEMENTARY SCHOOLS, CLASSES 3, 4 AND 5, UNDER THE ACT OF JUNE 20, 1906, AS AMENDED, TO CLASS 2, GROUP A, OF THE FOREGOING SCHEDULE.

(E) FROM TEACHERS IN JUNIOR HIGH SCHOOLS POSSESSING THE ELIGIBILITY REQUIREMENTS OF TEACHERS OF SENIOR HIGH SCHOOLS, CLASS 6, GROUP A, UNDER THE ACT OF JUNE 20, 1906, AS AMENDED, TO CLASS 2, GROUP C, OF THE FOREGOING SCHEDULE.

SEC. 9. THAT EVERY TEACHER IN THE SERVICE ON JULY 1, 1924, EXCEPT AS HEREIN OTHERWISE PROVIDED, AND EVERY TEACHER THEREAFTER APPOINTED, SHALL BE ASSIGNED TO GROUP A OF THE CLASS TO WHICH ELIGIBLE OR TO GROUP C OF CLASS 2, AND SHALL BE PROMOTED TO GROUP D OF CLASS 2 OR GROUP B OF ANY CLASS ON THE BASIS OF SUCH EVIDENCE OF SUPERIOR TEACHING AND OF INCREASED PROFESSIONAL ATTAINMENTS AS THE BOARD OF EDUCATION MAY PRESCRIBE: * * *.

SECTION 6 COMES UNDER ARTICLE IV OF THE ENACTMENT, WHICH ARTICLE IV IS ENTITLED "METHOD OF ASSIGNMENT OF EMPLOYEES TO SALARIES," AND IT IS TO BE OBSERVED THE QUESTION DOES NOT INVOLVE PROMOTIONS--- WHICH SEEMS TO HAVE INFLUENCED SOMEWHAT THE VIEW OF THE SCHOOL AUTHORITIES IN THEIR INTERPRETATION--- BUT THAT MATTERS OF PROMOTION ARE A SEPARATE ARTICLE IN THE ENACTMENT, ARTICLE V, WHICH IS ENTITLED "METHOD OF PROMOTION OF EMPLOYEES.'

THE ENACTMENT, PARAGRAPHS (D) AND (E) OF SECTION 6, QUOTED, DIVIDED THE TEACHERS OF THE JUNIOR HIGH SCHOOLS INTO TWO CLASSES ACCORDING TO THEIR QUALIFICATIONS, VIZ, THOSE "POSSESSING THE ELIGIBILITY REQUIREMENTS OF TEACHERS OF ELEMENTARY SCHOOLS" AND THOSE "POSSESSING THE ELIGIBILITY REQUIREMENTS OF TEACHERS OF SENIOR HIGH SCHOOLS.' IN PARAGRAPH (D) THE ELIGIBILITY REQUIREMENTS OF THE FIRST CLASS WERE DESCRIBED OR REFERRED TO PARENTHETICALLY AS "CLASSES 3, 4, AND 5, UNDER THE ACT OF JUNE 20, 1906, AS AMENDED," AND IN PARAGRAPH (E) THE ELIGIBILITY REQUIREMENTS OF THE SECOND CLASS WERE DESCRIBED OR REFERRED TO PARENTHETICALLY AS "CLASS 6, GROUP A, UNDER THE ACT OF JUNE 20, 1906, AS AMENDED.' THIS DIVISION INTO THE TWO CLASSES OF TEACHERS HAVING REQUIREMENTS OF ELEMENTARY OR SENIOR HIGH SCHOOLS DID NOT REQUIRE OR IMPOSE A CONDITION THAT THE TEACHERS SHOULD HAVE BEEN IN SUCH CLASSES ON OR PRIOR TO JUNE 30, 1924, TO ENTITLE THEM TO ASSIGNMENT TO THE CLASSES NAMED, BUT HAD RELATION PRINCIPALLY TO REQUIREMENTS AS TEACHERS--- I.E., ELEMENTARY OR SENIOR HIGH SCHOOLS, RESPECTIVELY.

IF THE TEACHERS REFERRED TO IN THIS SUBMISSION WERE TEACHERS IN JUNIOR HIGH SCHOOLS AS CLASSES 3, 4, AND 5 UNDER THE ACT OF 1906, BUT ACTUALLY POSSESSED ON JUNE 30, 1924, THE ELIGIBILITY REQUIREMENTS OF TEACHERS OF SENIOR HIGH SCHOOLS UNDER CLASS 6, GROUP 2, OF THE ACT OF 1906, THEY WERE ENTITLED TO ASSIGNMENT ON JULY 1, 1924, TO CLASS 2, GROUP C, EVEN THOUGH THEY WERE NOT THEN ACTUALLY IN CLASS 6, GROUP A, UNDER THE ACT OF 1906, AND HAD NOT TAKEN A COMPETITIVE EXAMINATION FOR APPOINTMENT THERETO.