20 U.S.C. § 903 — Administration

Page 130 TITLE 20—EDUCATION § 903 (5) the appointment of teachers; (6) the conditions of employment of teach- ers; (7) the length of the school year or school years applicable to teaching positions; (8) the leave system for teachers; (9) quarters, allowances, and additional com- pensation for teachers; and (10) such other matters as may be relevant and appropriate to the purposes of this chap- ter. (b) Effective date of regulations The regulations prescribed and issued by the Secretary of Defense under subsection (a) of this section shall become effective on such date as the Secretary of Defense shall prescribe but not later than the ninetieth day following the date of issuance of such regulations. (Pub. L. 86–91, § 4, July 17, 1959, 73 Stat. 214; Pub. L. 89–391, § 1(a), Apr. 14, 1966, 80 Stat. 117.) Editorial Notes CODIFICATION Section was formerly classified to section 2352 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1966—Subsec. (a)(2). Pub. L. 89–391 substituted provi- sions for issuance of regulations to fix basic compensa- tion for teachers and teaching positions at rates equal to the average of the range of rates of basic compensa- tion for similar positions of a comparable level of du- ties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population for former provisions fixing basic compensation for teach- ing positions in relation to rates of basic compensation for similar positions in the United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–391, § 2, Apr. 14, 1966, 80 Stat. 118, provided that: ‘‘The amendments made by the first section of this Act [amending this section and section 903 of this title] shall become effective on the first day of the first pay period which begins after the date of enactment of this Act [Apr. 14, 1966].’’ § 903. Administration (a) Employment and salary practices The Secretary of Defense shall conduct the employment and salary practices applicable to teachers and teaching positions in the Depart- ment of Defense in accordance with this chap- ter, other applicable law, and the regulations prescribed and issued by the Secretary of De- fense under section 902 of this title. (b) Determination of exempt positions and indi- viduals; establishment of annual salary rate Subject to section 5103 of title 5, the Secretary of Defense— (1) shall determine the applicability of para- graph (22) of section 5102(c) of title 5 to posi- tions and individuals in the Department of De- fense; and (2) shall establish the appropriate annual salary rate in accordance with this chapter for each such position and individual to which such paragraph (22) is determined to be appli- cable. (c) Rates of basic compensation The Secretary of Defense shall fix the basic compensation for teachers and teaching posi- tions in the Department of Defense at rates equal to the average of the range of rates of basic compensation for similar positions of a comparable level of duties and responsibilities in urban school jurisdictions in the United States of 100,000 or more population. (d) Issuance of regulations by Secretary of De- fense The Secretary of Defense may prescribe and issue such regulations as he deems appropriate to carry out his functions under this chapter. (Pub. L. 86–91, § 5, July 17, 1959, 73 Stat. 214; Pub. L. 86–370, § 6(b), Sept. 23, 1959, 73 Stat. 652; Pub. L. 89–391, § 1(b), (c), Apr. 14, 1966, 80 Stat. 117; Pub. L. 96–470, title I, § 104(b), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 104–201, div. A, title XVI, § 1606(b), Sept. 23, 1996, 110 Stat. 2737; Pub. L. 105–85, div. A, title X, § 1073(c)(9)(B), (C), Nov. 18, 1997, 111 Stat. 1904.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 5103 of title 5’’ and ‘‘paragraph (22) of section 5102(c) of title 5’’ substituted for ‘‘section 202 of the Classification Act of 1949’’ and ‘‘paragraph (33) of section 202 of such Act, added by section 3 of this Act’’ respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5, Government Organization and Employ- ees. Provisions of section 1(b) and (c) of Pub. L. 89–391 for amendment of subsec. (c) of this section and addition of other provisions as another subsec. (c), have been exe- cuted in the Code as an amendment of subsec. (c) of this section and addition of subsec. (e) of this section, respectively. Section was formerly classified to section 2353 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1997—Subsec. (a). Pub. L. 105–85, § 1073(c)(9)(B), made technical correction to Pub. L. 104–201, § 1606(b)(1)(A). See 1996 Amendment note below. Subsec. (b)(1). Pub. L. 105–85, § 1073(c)(9)(C), made technical correction to Pub. L. 104–201, § 1606(b)(2)(B). See 1996 Amendment note below. 1996—Subsec. (a). Pub. L. 104–201, § 1606(b)(1)(B), sub- stituted ‘‘the Department of Defense’’ for ‘‘his military department’’. Pub. L. 104–201, § 1606(b)(1)(A), as amended by Pub. L. 105–85, § 1073(c)(9)(B), substituted ‘‘Secretary of Defense shall’’ for ‘‘secretary of each military department in the Department of Defense shall’’. Subsec. (b). Pub. L. 104–201, § 1606(b)(2)(A), substituted ‘‘Secretary of Defense—’’ for ‘‘secretary of each mili- tary department—’’ in introductory provisions. Subsec. (b)(1). Pub. L. 104–201, § 1606(b)(2)(B), as amended by Pub. L. 105–85, § 1073(c)(9)(C), substituted ‘‘the Department of Defense;’’ for ‘‘his military depart- ment,’’. Subsec. (c). Pub. L. 104–201, § 1606(b)(3), substituted ‘‘Secretary of Defense’’ for ‘‘Secretary of each military department’’ and ‘‘the Department of Defense’’ for ‘‘his military department’’. Subsec. (d). Pub. L. 104–201, § 1606(b)(4), substituted ‘‘Secretary of Defense’’ for ‘‘Secretary of each military department’’. Page 131 TITLE 20—EDUCATION § 904 1980—Subsec. (e). Pub. L. 96–470 struck out subsec. (e) which required the Secretary of Defense, on or before the 15th day of January in each calendar year begin- ning after Apr. 14, 1966, to report to the respective Com- mittees on Post Office and Civil Service of the Senate and House of Representatives information on teachers separated from teaching positions subsequent to the close of the immediately preceding full school year and the number of new teachers appointed to teaching posi- tions at the beginning of the school year current at time of the report, including the number of such new teachers obtained through voluntary reciprocal inter- change agreements with school jurisdictions in the United States. 1966—Subsec. (c). Pub. L. 89–391, § 1(b), substituted provisions for fixing the basic compensation for teach- ers and teaching positions at rates equal to the average of the range of rates of basic compensation for similar positions of a comparable level of duties and respon- sibilities in urban school jurisdictions in the United States of 100,000 or more population for former provi- sions fixing such rates in relation to the rates of basic compensation for similar positions in the United States but not exceeding the highest rate of basic compensa- tion for similar positions of a comparable level of du- ties and responsibilities under the municipal govern- ment of the District of Columbia. Subsec. (e). Pub. L. 89–391, § 1(c), inserted provisions designated as subsec. (c) to section 5 of Pub. L. 86–91, but codified as subsec. (e) of this section. 1959—Subsec. (b). Pub. L. 86–370 substituted ‘‘(33)’’ for ‘‘(32)’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted. EFFECTIVE DATE OF 1966 AMENDMENT Amendments of this section by Pub. L. 89–391 effec- tive on first day of first pay period beginning after Apr. 14, 1966, see section 2 of Pub. L. 89–391, set out as a note under section 902 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–370 effective on first day of first pay period which begins after Sept. 23, 1959, see section 7(b) of Pub. L. 86–370, set out as a note under section 3 of Title 35, Patents. TEACHERS EMPLOYED BY CANAL ZONE GOVERNMENT SCHOOL SYSTEM ON SEPTEMBER 30, 1979 Subsec. (c) of this section not to apply with respect to any teacher who was employed by the Canal Zone Government school system on September 30, 1979, and who was transferred from such position to a teaching position which is under the Department of Defense Overseas Dependent School System and the permanent duty station of which is in the Republic of Panama, until the rates of basic compensation established under subsec. (c) of this section equal or exceed the rates of basic compensation then in effect for teachers who were so transferred, see section 3671(c)(1) of Title 22, Foreign Relations and Intercourse. § 904. Leave (a) Entitlement; amount Subject to the regulations prescribed and issued by the Secretary of Defense under section 902 of this title, each teacher (other than an in- dividual employed as a substitute teacher) shall be entitled to cumulative leave, with pay, which shall accrue at the rate of one day for each cal- endar month, or part thereof, of a school year, except that if the school year includes more than eight months, any such teacher who shall have served for the entire school year shall be entitled to ten (or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen) days of cumu- lative leave with pay. (b) Saturdays, Sundays, holidays, and nonwork days Saturdays, Sundays, regularly scheduled holi- days, and other administratively authorized nonwork days shall not be considered to be days of leave for the purposes of subsection (a) of this section. (c) Purposes for taking leave Subject to the regulations prescribed and issued by the Secretary of Defense, leave earned by any teacher under subsection (a) of this sec- tion may be used by such teacher— (1) for maternity purposes, (2) in the event of the illness of such teacher, (3) in the event of illness, contagious dis- ease, or death in the immediate family of such teacher, and (4) in the event of any personal emergency. If appropriate advance notice is given of the in- tended absence of a teacher, not to exceed three days of such leave may be granted for any pur- pose in each school year to such teacher. (d) Credit for persons holding teaching positions and for employees transferred, promoted or reappointed Any individual— (1) who is holding a position which is deter- mined to be a teaching position, or (2) who is an employee of the Federal Gov- ernment or the municipal government of the District of Columbia who is transferred, pro- moted, or reappointed, without break in serv- ice, from a position under a different leave system to a teaching position, shall be credited, for the purposes of the leave system provided by this section, with the annual and sick leave to his credit immediately prior to the effective date of such determination, trans- fer, promotion, or reappointment. Sick leave so credited shall be included in the leave provided for in subsection (a) of this section. Annual leave so credited shall not be included in the leave provided for in such subsection but shall be used under regulations which shall be pre- scribed by the Secretary of Defense. (e) Excess of maximum amount of accumulated leave; reduction In any case in which the amount of sick leave, which is to the credit of any individual under a different leave system immediately prior to the date on which he becomes subject as a teacher to the leave system provided by this section and which is included in the leave provided for in subsection (a) of this section, is in excess of the maximum amount of accumulated leave allow- able under subparagraph (2) of such subsection, such excess shall remain to the credit of such teacher until used, but the use during any leave year of an amount in excess of the aggregate