Code of the District of Columbia

Chapter 19. Teachers, School Officers, and Other Employees in General.

Subchapter I. General.

§ 38–1901. Sexual discrimination; salary deductions; employment as clerk or librarian.

In assigning salaries to teachers, no discrimination shall be made between male and female teachers employed in the same grade of school and performing a like class of duties; nor shall it be lawful to pay, or authorize or require to be paid, from any of the salaries of such teachers any portion or percentage thereof for the purpose of adding to salaries of higher or lower grades; and no such teacher shall be employed as, or required to discharge the duties of, a clerk or librarian.

§ 38–1902. Installment payments to certain teachers.

On and after July 1, 1943, the Board of Education is authorized to designate the months in which the 10 salary payments shall be made to teachers assigned to instruction in elementary science and school gardening, and in health, physical education, and playground activities.

§ 38–1903. Teachers in the Americanization schools; custodial staff.

(a) Officers and teachers in the Americanization, evening, and summer schools may also be officers and teachers in the regular day schools.

(b) Members of the custodial staff in the evening, summer, and Americanization schools may also be members of the custodial staff in the day schools.

§ 38–1904. Teaching vacancies.

Teaching vacancies which occur during any school year may be filled by the assignment of teachers of special subjects and teachers not now assigned to classroom instruction, and such teachers are hereby made eligible for such assignment without further examination.

§ 38–1905. Vocational education.

The Board of Education is authorized and empowered to establish occupational schools on the elementary school level for pupils not prepared to pursue vocational courses in the trade or vocational schools and also to carry on trade or vocational courses on the senior high school level or in senior high schools.

§ 38–1906. Classification of research assistants.

Research assistants shall be classified as teachers for payroll purposes and for retirement purposes.

§ 38–1907. Employment of substitutes for engineer, janitor, laborer, fireman, or caretaker; salary deductions.

In the event of the absence of any engineer, assistant engineer, janitor, assistant janitor, laborer, fireman, or caretaker at any time during school sessions the Board of Education is hereby authorized to appoint a substitute, who shall be paid the salary of the position in which employed, and the amount paid to such substitute shall be deducted from the salary of the absent employee.

§ 38–1908. Heads of certain departments; compensation.

From and after 10 days following August 28, 1958, there shall be only one person in charge of the following departments in the public school system of the District of Columbia: Art, business education, English, foreign languages, guidance and placement, history, home economics, industrial arts, mathematics, military science and tactics, music, science, trade and industrial education, and health, physical education, athletics, and safety; except that in the case of persons reassigned pursuant to this section, nothing contained herein shall be construed to decrease the rate of compensation that any such person is receiving on the effective date of this section. If such person is placed in a lower salary class and the present salary of the incumbent falls between 2 step rates for the newly assigned class, he shall receive the higher of such rates. Whenever a department is established hereafter in the public school system of the District of Columbia there shall be but 1 person in charge of such department.

§ 38–1909. Employment of substitutes — Authorized; compensation.

The Board of Education is hereby authorized to employ substitute teachers and attendance officers for service during the absence of any teacher or attendance officer on leave with pay or on leave without pay and to fix the rate of compensation to be paid such substitutes.

§ 38–1910. Employment of substitutes — Retired teachers.

Persons who have retired as teachers under the provisions of subchapter I of Chapter 20 of this title; or subchapter II of Chapter 20 of this title; or subchapter III of Chapter 83 of Title 5, United States Code; may be employed as substitute teachers in the public schools of the District of Columbia when it is not practicable otherwise to secure qualified and competent persons. Any such persons granted temporary employment under authority of this section shall continue to receive their annuities during such employment and no deduction shall be made from the compensation of such persons for retirement benefits. The service rendered by such retired teachers employed as substitute teachers shall not be used to recompute their annuities.

Subchapter II. Foreign Exchange Program.

§ 38–1921. Authorized; eligibility.

(a) The Board of Education of the District of Columbia is authorized to participate in the teacher foreign exchange program in cooperation with the United States Office of Education.

(b) Any employee of the Board of Education of the District of Columbia who is subject to the provisions of the District of Columbia Teachers’ Salary Act of 1955 [§§ 38-1963 to 38-1982, repealed] shall, with the approval of the Board of Education, be eligible to participate in such program, and shall, if accepted for such foreign assignment, serve for a period not to exceed one calendar year, and shall, at the conclusion of such service, be returned to the position which he held before the exchange was effected; provided, that in any one calendar year not more than 10 such employees shall participate in such program.

§ 38–1922. Payment of salary.

The Board of Education of the District of Columbia is authorized to pay the full salary of the educational employee of said Board during the time such employee is performing teaching duties in a foreign country under such exchange program, in the same manner and to the same extent as if such educational employee were actually performing his teaching duties in his regularly assigned position in the public schools of the District of Columbia, and any such educational employee participating in such program shall, for purposes of promotion, computation of annual increment, computation of service for pension credit, including salary contributions to the pension fund, and leave of absence credits, be considered as performing teaching duties in the schools of the District of Columbia.

§ 38–1923. Assignment of foreign teachers; loyalty oath.

(a) Each professionally qualified person from a foreign country exchanged under the provisions of this subchapter with an educational employee of the Board of Education of the District of Columbia shall during the period of such exchange serve as a substitute for the exchanged teacher and shall be assigned in the public schools of the District of Columbia as the Board of Education shall determine. Such exchange teacher shall serve without compensation for such service from the District of Columbia or any agency thereof; provided further, that the term of such assignment or exchange shall not exceed one calendar year.

(b) Notwithstanding any other provision of law, any foreign teacher, instructor, or professor assigned to duties in the public schools of the District of Columbia under the provisions of this subchapter shall not be required to take an oath of office or any oath of allegiance or loyalty to the United States, but shall satisfy the Board of Education of the District of Columbia as to his personal, moral, and professional fitness to teach in the public schools of Washington, District of Columbia.

Subchapter III. Repealed Provisions.

§ 38–1941. Payment of salaries. [Repealed]

Repealed.

§ 38–1942. Head of Department of Military Science and Tactics; salary. [Repealed]

Repealed.

§ 38–1943. Rules for division of time and computation of pay for services. [Repealed]

Repealed.

§ 38–1944. Double salaries — School teachers and employees in District. [Repealed]

Repealed.

§ 38–1945. Double salaries — Custodial employees in District. [Repealed]

Repealed.

§ 38–1946. Leave with part pay authorized; limitations. [Repealed]

Repealed.

§ 38–1947. Report of person on leave; termination of leave. [Repealed]

Repealed.

§ 38–1948. Leave of absence for educational purposes — Compensation of elementary and secondary school teachers. [Repealed]

Repealed.

§ 38–1949. Leave of absence for educational purposes — Compensation of other employees. [Repealed]

Repealed.

§ 38–1950. Leave of absence for educational purposes — Inclusion for promotion and retirement purposes. [Repealed]

Repealed.

§ 38–1951. Masculine pronoun construed to include female employees. [Repealed]

Repealed.

§ 38–1952. Sick and emergency leave. [Repealed]

Repealed.

§ 38–1953. Credit for cumulative leave on transfer or promotion. [Repealed]

Repealed.

§ 38–1954. Reinstatement after leave without pay granted. [Repealed]

Repealed.

§ 38–1955. Additional leave credits for service prior to July 1, 1949. [Repealed]

Repealed.

§ 38–1956. Maternity leave. [Repealed]

Repealed.

§ 38–1957. Additional leaves in emergencies. [Repealed]

Repealed.

§ 38–1958. Days of leave with pay defined. [Repealed]

Repealed.

§ 38–1959. Refund required for unearned advanced leave; exceptions. [Repealed]

Repealed.

§ 38–1960. Rules and regulations; definitions. [Repealed]

Repealed.

§ 38–1961. Regulation of vacation periods and annual leave. [Repealed]

Repealed.

§ 38–1962. Prior leave; promulgation of rules. [Repealed]

Repealed.

§ 38–1963. Salary schedule. [Repealed]

Repealed.

§ 38–1964. Eligibility requirements for appointment and promotion; definitions. [Repealed]

Repealed.

§ 38–1965. Probationary period. [Repealed]

Repealed.

§ 38–1966. Teaching certificates; renewals; rules and regulations. [Repealed]

Repealed.

§ 38–1967. Assignment of certain employees to salary classes. [Repealed]

Repealed.

§ 38–1968. Application of chapter; teacher-aide positions; initial assignment of school principals and periodic evaluation. [Repealed]

Repealed.

§ 38–1969. Assignment to service steps — method; promotions. [Repealed]

Repealed.

§ 38–1970. Assignment to service steps — New employees; adjustment of existing employees; ilitary service; transfer from Board of Higher Education. [Repealed]

Repealed.

§ 38–1971. Probationary employees; salary increases; termination. [Repealed]

Repealed.

§ 38–1972. Temporary employees. [Repealed]

Repealed.

§ 38–1973. Promotions — groups A-1, B, C, and D; administrative errors. [Repealed]

Repealed.

§ 38–1974. Promotions — Higher-paid salary classes. [Repealed]

Repealed.

§ 38–1975. Evening, summer, and Americanization schools; salaries. [Repealed]

Repealed.

§ 38–1976. Appropriation for summer school salaries. [Repealed]

Repealed.

§ 38–1977. Method of salary payment. [Repealed]

Repealed.

§ 38–1978. Regulation of vacation and leave periods of certain employees. [Repealed]

Repealed.

§ 38–1979. Sick and emergency leave provisions applicable to certain employees. [Repealed]

Repealed.

§ 38–1980. Sabbatical leave provisions applicable to certain employees. [Repealed]

Repealed.

§ 38–1981. Foreign teacher exchange program applicable to certain employees. [Repealed]

Repealed.

§ 38–1982. Teacher retirement provisions applicable to certain employees. [Repealed]

Repealed.