Establishment of teaching positions. Compensation of teaching positions. Personnel actions.

Allowances and differentials. 1601.14 Orientation of teachers.

AUTHORITY: §§ 1601.1 to 1601.14 issued under sec. 4, 73 Stat. 214; 5 U.S.C. 2352.

SOURCE: §§ 1601.1 to 1601.14 appear at 24 F.R. 8921, Nov. 3, 1959, except as otherwise noted.

§ 1601.3 Implementation.

Implementing documents, to be issued by the Secretaries of the military departments, will be submitted to the Assistant Secretary of Defense (Manpower, Personnel and Reserve) for review for consistency prior to their issuance. Such documents shall be prepared with the objective of attaining maximum consistency among the teacher personnel programs of the military departments in procedures and practices.

§ 1601.4 Effective date.

The effective date for the adoption of the personnel program and compensation plan provided by this part shall be not later than 90 days after October 15, 1959. The actual date of adoption shall be mutually agreed upon by appropriate authorities in the military departments and there shall be a single effective date for all.

Subpart B-Regulations Governing

Salaries and Personnel Practice's Applicable to Teachers, Certain School Officers and Other Employees of the Overseas Dependents' Schools of the Department of Defense

§ 1601.5 Definitions.

As used in this part: (a) "Teaching position" means those duties and responsibilities which: (1) Are performed on a school-year basis principally in a school operated by the Department of Defense in an overseas area for dependents of members of the Armed Forces and dependents of civilian employees of the Department of Defense, and

(2) Involve: (i) Classroom or other instruction or the supervision or direction of classroom or other instructions;

or

(ii) Any activity (other than teaching) which requires academic credits in educational theory and practice required for a bachelor's degree in education from an accredited institution of higher education; or

(iii) Any activity in or related to the field of education notwithstanding that

academic credits in educational theory and practice are not a formal requirement for the conduct of such activity.

(b) "Teacher" means an individual: (1) Who is a citizen of the United States.

(2) Who is a civilian, and

(3) Whose services are required on a school-year basis in a teaching position.

(c) "Substitute teacher" means a civilian who is a U.S. citizen whose services are required on a temporary or intermittent basis to perform the duties and responsibilities assigned to teacher.

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(d) "Summer school teacher" means a civilian who is a U.S. citizen whose services are required during a summer school session to perform the duties of a teaching position.

(e) "Overseas dependents schools" means the schools operated by the military departments to provide primary and secondary educations for dependents of military personnel and civilian personnel employed by the Department of Defense in areas located outside the several States, the District of Columbia, the Commonweath of Puerto Rico, the Canal Zone, and the possessions of the United States (excluding the Trust Territory of the Pacific Islands and Midway Islands).

§ 1601.6 Applicability of Civil Service Commission rules and regulations. Except as otherwise provided in applicable law and by Subpart B of this part, the regulations issued by the United States Civil Service Commission for the “Excepted Service”, as implemented by the military departments, will apply. § 1601.7 School year.

The "school year" for teachers will consist of not more than 190 working days including not less than 175 days of classroom instruction.

(a) Uniform classification standards will be jointly developed and adopted by the three military departments for all teaching positions.

(b) All teaching positions which involve approximately the same degree of difficulty, responsibility and training, and which should receive comparable pay treatment, will be assigned to a single level.

(c) The schedule of teaching positions will consist of as many levels as are found to be necessary to properly recognize the various significant degrees of difficulty, responsibility and training which are required in teaching positions in the overseas dependents schools.

(d) Each level shall include titles of classes of teaching positions which are appropriate for the various categories of teaching positions which should properly be placed in the same level. To the extent appropriate, titles should be of a broad, general nature (i.e., "Classroom Teacher", "Librarian", etc).

(a) Basis. Rates of basic compensation for teaching positions will be fixed by the Secretaries of the military departments in relation to rates of basic compensation for similar positions in the continental United States, exclusive of Alaska and Hawaii, but no such rate shall exceed the highest rate of basic compensation for similar positions of a comparable level of duties and responsibilities under the municipal government of the District of Columbia.

(b) Schedules. A single, coordinated, uniform compensation schedule will be jointly developed and adopted, and from time to time adjusted, as appropriate, by the three military departments, which will:

(1) List the various classes and levels of teaching positions;

(2) For each level, establish and prescribe on a school year basis the basic compensation step rates. At each level the schedule will also provide, in each step rate, for an appropriate additional increment for those teachers who possess

a Master's degree and may provide a further increment for those who have completed a higher level of academic preparation.

(3) Prescribe a flat daily rate for substitute teachers and summer school teachers.

(4) Provide for appropriate additional compensation for certain extracurricular activities normally associated with elementary and secondary school programs.

(c) Rules for fixing compensation— (1) New appointments. Each new appointment of teachers who meet minimum qualifications requirements will be made at the first numerical step rate for the level to which the employee is assigned, plus any additional increment to which he would be entitled in accordance with paragraphs (b) (2) of this section. Those appointed who do not meet minimum qualifications standards will be appointed to special step rates which will be prescribed in the compensation schedules.

(2) Reemployments, transfers, reassignments and demotions other than for cause. Upon reemployment, transfer, reassignment or demotion other than for cause pay may be fixed at any step rate for the level in which employed which does not exceed the highest previous rate received in Federal employment. However, if the highest previous rate falls between two scheduled service step rates of the new level pay may be fixed at the higher step rate. In those cases where former Federal employment was under a different pay schedule the highest previous rate shall be determined as 10/12's of the salary received under such other schedule if such salary was on an annual basis. If the reemployment, transfer on reassignment occurs in the school year following satisfactory completion of a school year, the teacher may be granted the step increase earned in the previous year.

(3) Eligibility for additional pay increment upon completing advanced educational preparation. A teacher who completes advanced educational preparation for which an additional pay increment is provided shall be assigned to the higher rate effective on the first day of the first pay period following the receipt of documentary evidence that the work has been completed.

(4) Promotions between levels. A teacher who is promoted to a higher level shall be assigned to the lowest numerical

step on the schedule for his new level which will give him an immediate increase in school year salary rate at least equal to a service step increment in the level from which promoted.

(5) Demotions for cause. Teachers who are demoted for cause shall be assigned to a step rate in the level to which demoted which does not exceed the numerical step held in the level from which they were demoted.

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(6) Initial conversion from Classification Act Schedule to the Teacher Schedule. (i) Upon initial conversion teacher will be converted to a level in the new compensation schedule which is prescribed as equivalent to the Classification Act grade from which converted. The step to which the teacher is converted in the new level shall be the numerical step equivalent to the step held under the Classification Act.

(ii) If after conversion the position as a result of the classification standards prescribed pursuant to § 1601.9(a), is reclassified to a lower level the usual rules determining salary rates will apply, except that if the salary exceeds the highest rate in the range for the level in which the position is placed, such rate shall be retained as long as the incumbent remains in a position in the same level.

(7) During travel. While enroute to and from overseas assignments, teachers will be in a non-pay status. However. they will receive appropriate per diem while traveling.

(8) Daily rate. The daily rate for a teacher will be his school year salary divided by the number of calendar days in the school year, excluding Saturdays and Sundays.

(d) Step increases-(1) Eligibility. Each employee in a teaching position whose salary is fixed under Subpart B of this Part 1601 and who is serving under an appointment without time limitation shall advance one numerical service step for each school year of satisfactory service until he reaches the highest step on the schedule for his level: Provided, That he has been in a pay status at least 150 working days during his last previous school year in a Department of Defense Overseas Dependents School, for which a step increase has not been granted. Eligibility for an additional advancement within the same level (by reason of attaining higher academic qualifications) shall not preclude the teacher

from receiving a service step increase if otherwise eligible.

(2) Effective date. Step increases shall be made effective at the beginning of the school year.

(e) Compensation payment (1) Salary computation. Compensation of teachers, substitute teachers, and summer school teachers shall be in accordance with the payroll and leave accounting procedures of the employing department and such policies and instructions as may be prescribed by the Assistant Secretary of Defense (Comptroller).

(2) Late arrivals at teaching posts. (i) Teachers who are employed with the understanding that they will serve for an entire school year or a specified part thereof and who through no fault of their own as a result of transportation or processing delays after appointment arrive late at their post of assignment will be administratively excused and paid as if they had arrived on time and actually served during the lost time.

(ii) Teachers who through their own fault arrive late at their post of assignment will not be paid for the teaching days or school recess period days occurring prior to the day of arrival at the post of duty.

(3) Early arrivals at teaching posts. (i) Teachers who arrive at their post of assignment prior to the start of the school year will not be entitled to compensation until the start of the school year.

(ii) Teachers who are required to report at their post of assignment and to perform work prior to the start of the school year shall be paid at the daily rate for their level and numerical service step for each day of such work performed.

(4) Late departures from teaching posts. (i) Teachers who cannot leave promptly at the end of a school year because of circumstances beyond their control such as a lack of available transportation facilities will not be entitled to compensation for the period between the end of the school year and the date of departure.

(ii) Teachers who are required to perform work after the end of the school year shall be paid at the daily rate for their level and numerical service step for each day of such work performed. [24 F.R. 8921, Nov. 3, 1959, as amended at 25 F.R. 473, Jan. 21, 1960]

§ 1601.11 Personnel actions.

(a) Qualification standards. The military departments will develop and use uniform minimum experience and training qualification standards for all teaching positions.

(b) Actions affecting teachers (1) Appointments. Appointments will be made under Schedule A, Part 213 of the Civil Service Regulations and in full recognition of applicable civil service appointment requirements and regulations of the military departments concerned.

(2) Trial period. Appointees are required to serve a trial period of one school year except as follows:

(i) Present and former teachers who have already satisfactorily completed at least one school year as a teacher in the Department of Defense dependents school system.

(ii) Persons transferred or appointed without a break in service of more than 30 calendar days while serving a trial period as a teacher may complete the trial period in the teaching position to which appointed.

(3) Reassignment. Reassignments may be effected at any time following appointments. Consent of the teacher while desirable need not be a decisive factor for reassignment either within the same school or to another school within a school area as defined by each military department when the need for a teacher with particular qualifications is clearly evident.

(4) Promotion. Promotions will be based on qualifications and merit. No time in level restrictions governing promotions will be applied by the military departments.

(c) Actions affecting substitute teachers. (1) Substitute teachers will be given excepted appointments not to exceed one year on a when-actually-employed (WAE) basis under Schedule A, Part 213 of the Civil Service Regulations.

(2) The same minimum experience and qualifications standards used for regular teachers will be applicable to substitute teachers. Waivers may be authorized by regulations of the military departments.

(d) Change from substitute teacher to teacher. When it is determined that the services of a substitute teacher will be required full time for the balance of