A-88141, AUGUST 18, 1937, 17 COMP. GEN. 147

A-88141, AUGUST 18, 1937, 17 COMP. GEN. 147

DISTRICT OF COLUMBIA - EMPLOYEES OF PUBLIC SCHOOLS - CLASSIFICATION OF POSITIONS THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA BEING VESTED WITH CONTROL OF THE PUBLIC SCHOOLS AND EMPOWERED TO DETERMINE ALL QUESTIONS OF GENERAL POLICY RELATING TO THE SCHOOLS, IS AUTHORIZED, UPON RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, TO RECLASSIFY POSITIONS OF ,DIRECTORS OF SPECIAL SUBJECTS" AND PLACE SUCH POSITIONS IN THE CLASS OF "HEADS OF DEPARTMENTS" ON THE BASIS OF CHANGED DUTIES, THE APPLICABLE CLASSIFICATION STATUTE, ACT, JUNE 4, 1924, 43 STAT. 367, NOT DESCRIBING THE DUTIES AND RESPONSIBILITIES OF THE SEVERAL CLASSES OF POSITIONS HERE INVOLVED OTHER THAN BY TITLE OR DESIGNATION, AND NOT LIMITING THE NUMBER OF POSITIONS THAT MAY BE PLACED OR ALLOCATED IN ANY PARTICULAR CLASS, AND SECTION 6 OF THE ACT, MAKING ORIGINAL ASSIGNMENTS OF PERSONNEL TO THE SEVERAL CLASSES, NOT PRECLUDING SUBSEQUENT ADJUSTMENTS BASED ON CHANGES IN DUTIES. AMOUNTS OF INDIVIDUAL ITEMS IN THE ESTIMATES PRESENTED TO THE CONGRESS ON THE BASIS OF WHICH A LUMP SUM APPROPRIATION IS ENACTED, ARE NOT BINDING ON ADMINISTRATIVE OFFICERS UNLESS CARRIED INTO THE APPROPRIATION ACT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, BOARD OF COMMISSIONERS, DISTRICT OF COLUMBIA, AUGUST 18, 1937:

YOUR LETTER OF AUGUST 2, 1937, IS AS FOLLOWS:

THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, ACTING UPON THE REQUEST OF THE AUDITOR OF THE DISTRICT, ASK YOUR DECISION TO THE QUESTION HEREINAFTER PRESENTED.

THERE HAS BEEN RECEIVED BY THE AUDITOR OF THE DISTRICT AN ORDER ISSUED BY THE SUPERINTENDENT OF PUBLIC SCHOOLS "UNDER THE PROVISIONS OF THE REGULATIONS FOR THE GOVERNMENT OF THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA," WHICH PROPOSES TO CHANGE THE CLASS DESIGNATION AND SALARY RANGE OF SEVEN POSITIONS NOW CARRIED AS DIRECTORS OF SPECIAL SUBJECTS TO BE HEADS OF DEPARTMENTS.

THE SALARIES OF THE POSITIONS OF DIRECTORS OF SPECIAL SUBJECTS AND HEADS OF DEPARTMENTS ARE PAID FROM THE APPROPRIATION CONTAINED IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1938 UNDER THE HEAD OF PUBLIC SCHOOLS, DISTRICT OF COLUMBIA, READING AS FOLLOWS:

"FOR PERSONAL SERVICES OF ADMINISTRATIVE AND SUPERVISORY OFFICERS IN ACCORDANCE WITH THE ACT FIXING AND REGULATING THE SALARIES OF TEACHERS, SCHOOL OFFICERS, AND OTHER EMPLOYEES OF THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA, APPROVED JUNE 4, 1924 (43 STAT., PP. 367-375), INCLUDING SALARIES OF PRESIDENTS OF TEACHERS COLLEGES IN THE SALARY SCHEDULE FOR FIRST ASSISTANT SUPERINTENDENTS, $683,800.'

THE BUDGET ESTIMATE SUBMITTED TO CONGRESS FOR THIS APPROPRIATION FOR THE FISCAL YEAR 1938 AMOUNTED TO $692,000. THE APPROPRIATION, AS SHOWN ABOVE, IS $683,800. REFERENCE TO THE HOUSE SUBCOMMITTEE ON APPROPRIATIONS IN CHARGE OF THE DISTRICT BILL FOR 1938 DISCLOSES THE FOLLOWING STATEMENT DEALING WITH THE ABOVE QUOTED APPROPRIATION:

"FOR THIS PURPOSE THERE IS RECOMMENDED $683,800, WHICH IS $3,595 LESS THAN THE CURRENT APPROPRIATION AND A REDUCTION OF $8,200 UNDER THE ESTIMATES. OF THIS LATTER DECREASE, $5,000 IS ACCOUNTED FOR BY THE APPLICATION OF ADDITIONAL LAPSES IN SALARIES IN THAT AMOUNT AND $3,200 IS DUE TO THE DENIAL OF ONE ASSISTANT PRINCIPAL FOR THE ARMSTRONG SENIOR HIGH SCHOOL.'

REFERENCE TO THE BUDGET ESTIMATE AS SUBMITTED TO CONGRESS, AND TO THE TABULATED STATEMENT FOLLOWING THAT ESTIMATE SHOWS WITH RESPECT TO DIRECTORS OF SPECIAL SUBJECTS AND HEADS OF DEPARTMENTS THAT 17 SUCH DIRECTORS RECEIVED SALARIES IN THE FISCAL YEAR 1936, 15 WERE CARRIED IN THE FISCAL YEAR 1937, AND THE BUDGET ESTIMATE PROVIDED FOR 15 FOR THE FISCAL YEAR 1938.

FOR HEADS OF DEPARTMENTS, THE TABULATED STATEMENT SHOWS THAT 14 SUCH POSITIONS WERE CARRIED IN 1936 AND 1937 AND A SIMILAR NUMBER PROVIDED FOR IN THE BUDGET ESTIMATE FOR 1938.

IT WILL BE NOTED THAT UNDER THE APPROPRIATION LANGUAGE SALARIES MUST BE PAID IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JUNE 4, 1924 (43 STAT., PP. 367-375). THAT ACT PROVIDES THAT ON AND AFTER JULY 1, 1924, THE SALARIES OF TEACHERS, SCHOOL OFFICERS AND OTHER EMPLOYEES OF THE BOARD OF EDUCATION SHALL BE AT THE RATES FIXED BY THE SEVERAL CLASSES NAMED THEREIN. CLASS 10 OF ARTICLE II PROVIDES FOR DIRECTORS OF SPECIAL SUBJECTS AND DEPARTMENTS, WITH A BASIC SALARY OF $3,200 PER ANNUM AND AN ANNUAL INCREASE OF $100 FOR THREE YEARS, OR UNTIL A MAXIMUM SALARY OF $3,500 PER YEAR IS REACHED. CLASS 11 UNDER THE SAME ARTICLE PROVIDES FOR HEADS OF DEPARTMENTS AND ASSISTANT PRINCIPALS, WITH A BASIC SALARY OF $3,200 PER YEAR AND AN ANNUAL INCREASE OF $100 FOR FIVE YEARS, OR UNTIL A MAXIMUM SALARY OF $3,700 PER YEAR IS REACHED. THE MINIMUM SALARY OF BOTH CLASSES IS IDENTICAL, NAMELY, $3,200 PER YEAR, BUT THE MAXIMUM SALARY OF HEADS OF DEPARTMENTS AND ASSISTANT PRINCIPALS IS $200 GREATER THAN THAT FOR DIRECTORS OF SPECIAL SUBJECTS AND DEPARTMENTS. THE SEVERAL DIRECTORS WHOM IT IS NOW PROPOSED TO MAKE HEADS OF DEPARTMENTS ARE EACH RECEIVING THE MAXIMUM SALARY OF CLASS 10.

SECTION 2 OF THE ACT OF JUNE 4, 1924, PROVIDES---

"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 SCHEDULE.'

SECTION 6 PROVIDES 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 OF THE FOREGOING SCHEDULE, AS FOLLOWS, AND IN SUBSECTION (1) IT IS PROVIDED:

"FROM DIRECTORS OF DRAWING, PHYSICAL CULTURE, MUSIC, DOMESTIC SCIENCE, DOMESTIC ART, KINDERGARTENS, AND PRIMARY INSTRUCTION; ASSISTANT DIRECTORS OF DRAWING, PHYSICAL CULTURE, MUSIC, DOMESTIC SCIENCE, DOMESTIC ART, KINDERGARTENS, AND PRIMARY INSTRUCTION; AND ASSISTANT SUPERVISOR OF MANUAL TRAINING UNDER THE ACT OF JUNE 20, 1906, AS AMENDED, TO CLASS 10 OF THE FOREGOING SCHEDULE.'

IN SUBSECTION (O) OF SECTION 6, IT IS PROVIDED:

"FROM HEADS OF DEPARTMENTS IN HIGH AND MANUAL-TRAINING HIGH SCHOOLS, CLASS 6, GROUP B; ASSISTANT PRINCIPALS; AND ASSISTANT PRINCIPALS (DEANS OF GIRLS) UNDER THE ACT OF JUNE 20, 1906, AS AMENDED, TO CLASS 11 OF THE FOREGOING SCHEDULE.'

AND IN SECTION 18 OF THE ACT OF JUNE 4, 1924, IT IS PROVIDED THAT THE RATES OF SALARY THEREIN DESIGNATED SHALL BECOME EFFECTIVE ON THE 1ST DAY OF JULY 1924, AND THAT THE ESTIMATES OF THE EXPENDITURES FOR THE OPERATION OF THE PUBLIC SCHOOL SYSTEM OF THE DISTRICT OF COLUMBIA SHALL THEREAFTER BE PREPARED IN CONFORMITY WITH THE CLASSIFICATION AND COMPENSATION OF EDUCATIONAL EMPLOYEES THEREIN PROVIDED.

IN VIEW OF THE FOREGOING PROVISIONS OF THE ACT OF JUNE 4, 1924, HAS THE SUPERINTENDENT OF PUBLIC SCHOOLS OR THE BOARD OF EDUCATION LEGAL AUTHORITY TO RECLASSIFY POSITIONS DEFINITELY FIXED BY THE ACT OF JUNE 4, 1924, AS DIRECTORS OF SPECIAL SUBJECTS IN CLASS 10, AND NOW PLACE SUCH POSITIONS IN CLASS 11 AS HEADS OF DEPARTMENTS? THE ACTION OF THE SCHOOL AUTHORITIES IN ORDERING THIS RECLASSIFICATION APPEARS TO BE OF DOUBTFUL LEGALITY.

THERE IS TRANSMITTED HEREWITH A STATEMENT OF THE SUPERINTENDENT OF PUBLIC SCHOOLS ADDRESSED TO THE BOARD OF EDUCATION UNDER DATE OF JULY 1, 1937, WHICH IS FULLY SELF-EXPLANATORY OF THE VIEWPOINT OF THE SCHOOL AUTHORITIES IN MAKING THIS RECLASSIFICATION. IT IS NOT NECESSARY TO REPEAT IN THIS LETTER ANY PART OF THE INFORMATION CONTAINED IN THAT STATEMENT.

THE COMMISSIONERS REQUEST YOUR DECISION TO THE QUESTION WHETHER THE POSITIONS OF THE SEVEN DIRECTORS OF SPECIAL SUBJECTS NOW CARRIED ON THE PAY ROLLS OF THE PUBLIC SCHOOLS AND OCCUPIED BY E. S. JACOBS, DIRECTOR OF HOME ECONOMICS; J. E. ZEARFODD (ZEARFOSS), DIRECTOR OF MANUAL TRAINING; EDWIN N. C. BARNES, DIRECTOR OF MUSIC; ETHEL BRAY, DIRECTOR OF DRAWING; R. N. HAMPTON, DIRECTOR OF DRAWING; D. I. MILLER, DIRECTOR OF HOME ECONOMICS; AND A. H. JOHNSON, DIRECTOR OF MUSIC, MAY BE RECLASSIFIED BY THE SUPERINTENDENT OF PUBLIC SCHOOLS OR BY THE BOARD OF EDUCATION FROM DIRECTORS OF SPECIAL SUBJECTS UNDER CLASS 10, ARTICLE II, OF THE ACT OF JUNE 4, 1924, AND MADE HEADS OF DEPARTMENTS UNDER CLASS 11, ARTICLE II, OF SAID ACT.

THE STATEMENT OF THE SUPERINTENDENT OF SCHOOLS, TRANSMITTED WITH YOUR LETTER, SHOWS THAT THROUGH A GRADUAL CHANGE IN THE SET-UP OF THE SCHOOL SYSTEM, PRIMARILY BY REASON OF THE DEVELOPMENT OF JUNIOR HIGH SCHOOLS IN WHICH THE COURSES OF STUDY NOW EMBRACE A PORTION OF THE COURSES OF STUDY OF BOTH THE ELEMENTARY SCHOOLS AND THE SENIOR HIGH SCHOOLS AS PREVIOUSLY MAINTAINED, THE DUTIES OF HEADS OF DEPARTMENTS, FORMERLY LIMITED TO HIGH SCHOOLS, AS WELL AS THE DUTIES OF THE SEVEN DESIGNATED DIRECTORS OF SPECIAL SUBJECTS, FORMERLY LIMITED TO ELEMENTARY SCHOOLS, HAVE BEEN SO MODIFIED THAT EACH EMBRACES WORK IN ALL THREE CLASSES OF SCHOOLS--- ELEMENTARY, JUNIOR HIGH, AND SENIOR HIGH; IN OTHER WORDS, THAT THE GENERAL PRINCIPLE OF VERTICAL RATHER THAN HORIZONTAL SUPERVISION NOW PREVAILS. WITH PARTICULAR REFERENCE TO THE SEVEN POSITIONS HERE INVOLVED, THE SUPERINTENDENT OF SCHOOLS STATES:

THE DIRECTORS OF SPECIAL SUBJECTS ARE, LIKE HEADS OF DEPARTMENTS, CHARGED WITH THE RESPONSIBILITY OF SUPERVISING METHODS OF TEACHING, OUTLINING, AND IMPROVING COURSES OF STUDY, AND IN GENERAL RESPONSIBLE FOR THE PROGRESSIVE DEVELOPMENT OF THEIR RESPECTIVE SUBJECTS IN ACCORDANCE WITH THE MOST APPROVED COURSES OF STUDY, METHODS OF TEACHING, AND PRINCIPLES OF EDUCATION. IN SHORT, THE RULES OF THE BOARD OF EDUCATION DEFINE THE FUNCTIONS OF THE DIRECTORS OF SPECIAL SUBJECTS IN LANGUAGE SIMILAR TO THE LANGUAGE DESCRIBING THE FUNCTIONS OF HEADS OF DEPARTMENTS. THE ADMINISTRATIVE CHANGES WHICH HAVE TAKEN PLACE IN THE ASSIGNMENTS OF DIRECTORS OF SPECIAL SUBJECTS HAVE RESULTED IN EXTENDING THEIR FUNCTIONS FROM ELEMENTARY SCHOOLS THROUGH JUNIOR HIGH SCHOOLS, VOCATIONAL SCHOOLS, AND SENIOR HIGH SCHOOLS. TODAY A PREPONDERANCE OF THE WORK OF THE SEVEN DIRECTORS OF SPECIAL SUBJECTS, WHO HAVE PETITIONED FOR RECLASSIFICATION TO THE STATUS OF HEAD OF DEPARTMENT, IS SIMILAR TO THE FUNCTIONS OF HEADS OF DEPARTMENTS. A READING OF THE RULES OF THE BOARD OF EDUCATION REGARDING THE GENERAL FUNCTIONS OF DIRECTORS OF SPECIAL SUBJECTS AND THE GENERAL FUNCTIONS OF HEADS OF DEPARTMENTS WILL CONFIRM THIS ASSERTION.

THE ACT OF JUNE 4, 1924, 43 STAT. 367, IS A CLASSIFICATION ACT FOR POSITIONS IN THE PUBLIC SCHOOL SYSTEM OF THE DISTRICT OF COLUMBIA. WITH CERTAIN EXCEPTIONS NOT HERE INVOLVED, THE STATUTE DOES NOT DESCRIBE THE DUTIES AND RESPONSIBILITIES OF THE SEVERAL CLASSES OF POSITIONS OTHER THAN BY TITLE OR DESIGNATION, NOR IS THERE A LIMITATION IN THE STATUTE ON THE NUMBER OF POSITIONS THAT MAY BE PLACED OR ALLOCATED IN ANY PARTICULAR CLASS. THE AMOUNTS OF INDIVIDUAL ITEMS IN THE ESTIMATES PRESENTED TO THE CONGRESS ON THE BASIS OF WHICH A LUMP SUM APPROPRIATION IS ENACTED ARE NOT BINDING ON ADMINISTRATIVE OFFICERS UNLESS CARRIED INTO THE APPROPRIATION ACT ITSELF.

SECTION 2 OF THE ACT QUOTED IN YOUR LETTER AUTHORIZED, EMPOWERED, AND DIRECTED THE BOARD OF EDUCATION "TO CLASSIFY AND ASSIGN" THE SCHOOL PERSONNEL "TO THE SALARY CLASSES AND POSITIONS" PROVIDED BY THE ACT, AND SECTION 3 OF THE ACT PROVIDES:

THAT THE BOARD OF EDUCATION, ON RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, IS AUTHORIZED, EMPOWERED, AND DIRECTED TO ASSIGN, AT THE TIME OF APPOINTMENT, TEACHERS, SCHOOL OFFICERS, OR OTHER EMPLOYEES HEREAFTER APPOINTED TO THE SALARY CLASSES AND POSITIONS IN THE FOREGOING SALARY SCHEDULE IN ACCORDANCE WITH PREVIOUS EXPERIENCE, ELIGIBILITY QUALIFICATIONS POSSESSED, AND THE CHARACTER OF THE DUTIES TO BE PERFORMED BY SUCH PERSONS: * * *

SECTION 6 OF THE ACT, QUOTED IN YOUR LETTER, RELATED ONLY TO THE INITIAL ALLOCATION OF POSITIONS ON JULY 1, 1924, AND WOULD NOT OPERATE TO PRECLUDE FURTHER ADJUSTMENTS BASED ON A CHANGE IN DUTIES.

SECTION 2 OF THE ACT OF JUNE 20, 1906, 34 STAT. 316, VESTS THE CONTROL OF THE PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA IN A BOARD OF EDUCATION AND PROVIDES THAT THE BOARD SHALL DETERMINE ALL QUESTIONS OF GENERAL POLICY RELATING TO THE SCHOOLS. IT IS UNDERSTOOD FROM YOUR SUBMISSION THAT THE BOARD HAS APPROVED AN ORDER RECOMMENDED BY THE SUPERINTENDENT AS FOLLOWS:

ORDERED: THAT WHENEVER THE WORK OF A DIRECTOR OF A SPECIAL SUBJECT IN THE DAY ELEMENTARY SCHOOLS ENCOMPASSES THE COMPLETE RESPONSIBILITY FOR THE SUPERVISION OF THAT SUBJECT IN ELEMENTARY SCHOOLS, JUNIOR HIGH SCHOOLS, VOCATIONAL SCHOOLS, AND SENIOR HIGH SCHOOLS, SAID DIRECTOR MAY, SUBJECT TO THE AVAILABILITY OF FUNDS AND A SATISFACTORY EFFICIENCY RATING BE CLASSIFIED AS A HEAD OF DEPARTMENT IN THE DAY SCHOOLS.

IF SUCH ORDER HAS BEEN APPROVED BY THE BOARD AND, PURSUANT THERETO, THE SEVEN POSITIONS REFERRED TO HAVE BEEN ALLOCATED AS HEADS OF DEPARTMENT IN THE DAY SCHOOLS, CLASS 11, THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO SALARY PAYMENTS IN ACCORDANCE THEREWITH.