§ 38–1103. Board of Higher Education — Powers and duties.

(a) The Board is vested with the following powers and duties:

(1) To develop detailed plans for and to establish, organize, and operate in the District of Columbia the Federal City College;

(2) To establish policies, standards, and requirements governing admission, programs, graduation (including the award of degrees) and general administration of the Federal City College;

(3) To appoint and compensate, without regard to the civil service laws or Chapter 51 and subchapter III of Chapter 53 of Title 5, United States Code, a President for the Federal City College;

(4) To employ and compensate such officers as it determines necessary for the Federal City College and such educational employees for the Federal City College as the President thereof may recommend in writing. Such officers and educational employees may be employed and compensated without regard to: (A) the civil service laws; (B) Chapter 51 and subchapter III of Chapter 53 of Title 5, United States Code (relating to classification of positions in government service); (C) §§ 6301 through 6305 and 6307 through 6311 of Title 5, United States Code (relating to annual and sick leave for federal employees); (D) Chapter 15 and §§ 7324 through 7327 [omitted] of Title 5, United States Code (relating to political activities of government employees); (E) § 3323 and subchapter III of Chapter 83 of Title 5, United States Code (relating to civil service retirement); and (F) §§ 3326, 3501, 3502, 5531, 5532 [repealed], 5533, and 6303 of Title 5, United States Code (relating to dual pay and dual employment); but the employment and compensation of such officers and educational employees shall be subject to: (i) sections 7902, 8101 through 8138, and 8145 through 8150 of Title 5, United States Code, and §§ 292 and 1920 through 1922 of Title 18, United States Code (relating to compensation for work injuries); (ii) Chapter 87 of Title 5, United States Code (relating to government employees group life insurance); (iii) Chapter 89 of Title 5, United States Code (relating to health insurance for government employees); and (iv) §§ 1302, 2108, 3305, 3306 [repealed], 3308 through 3320, 3351, 3363, 3364 [repealed], 3501 through 3504, 7511, 7512, and 7701 of Title 5, United States Code (relating to veteran’s preference). Subject to the approval of the Mayor, the compensation schedules for such officers and employees shall be fixed and adjusted from time to time consistent with the public interest and in accordance with rates for comparable types of positions in like institutions of higher education. Salary levels shall be determined based on duties, responsibilities, and qualifications. The Board, upon the recommendations of the president of the college, shall establish, with the approval of the Mayor and without regard to the provisions of any other law, retirement and leave systems for such officers and employees which shall be comparable to such systems in like institutions of higher education;

(5) To employ and compensate noneducational employees of the Board and of the Federal City College in accordance with:

(A) The civil service laws;

(B) Chapter 51 and subchapter III of Chapter 53 of Title 5, United States Code (relating to classification of positions in government service);

(D) Sections 7902, 8101 through 8138, and 8145 through 8150 of Title 5, United States Code, and §§ 292 and 1920 through 1922 of Title 18, United States Code (relating to compensation for work injuries);

(E) Chapter 87 of Title 5, United States Code (relating to government employees group life insurance);

(F) Chapter 89 of Title 5, United States Code (relating to health insurance for government employees);

(G) Sections 1302, 2108, 3305, 3306 [repealed], 3308 through 3320, 3351, 3363, 3364 [repealed], 3501 through 3504, 7511, 7512, and 7701 of Title 5, United States Code (relating to veteran’s preference); and

(H) Any other laws applicable to noneducational employees of the Board of Education;

(6) To fix, from time to time, tuition to be paid by students attending the Federal City College. Tuition charged nonresidents shall be fixed in such amounts as will, to the extent feasible, approximate the cost to the District of Columbia of the services for which such charge is imposed. Receipts from the tuition charged students attending the college shall be deposited to the credit of the General Fund of the District of Columbia;

(7) To fix, from time to time, fees to be paid by students attending the Federal City College. Receipts from such fees shall be deposited into a revolving fund in a private depository in the District, which fund shall be available, without fiscal year limitation, for such purposes as the Board shall approve. The Board is authorized to make necessary rules respecting deposits into and withdrawals from such fund;

(8) To transmit annually to the Mayor estimates of the appropriation required for the Federal City College for the ensuing year;

(9) To accept services and moneys, including gifts or endowments, from any source whatsoever, for use in carrying out the purposes of this subchapter. Such moneys shall be deposited in the Treasury of the United States to the credit of a trust fund account which is hereby authorized and may be invested and reinvested as trust funds of the District of Columbia. The disbursement of the moneys from such trust funds shall be in such amounts, to such extent, and in such manner as the Board, in its judgment, may determine necessary to carry out the purposes of this subchapter;

(10) To submit to the Mayor recommendations relating to legislation affecting the administration and programs of the Federal City College;

(11) To make such rules and regulations as the Board deems necessary to carry out the purposes of this subchapter;

(12) To assume control of the District of Columbia Teachers College established pursuant to § 38-151, from the Board of Education at such time as may be mutually agreed upon by such Boards and approved by the Mayor. At such time, the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for such Teachers College are authorized to be transferred to, and brought under the control of, such Board of Higher Education, except that the laboratory schools shall remain under the control and management, and the employees assigned to such schools shall remain subject to the supervision of, the Board of Education. The noneducational employees of the Teachers College at the time the control of such Teachers College is assumed by the Board of Higher Education, shall retain all benefits provided by any law applicable to noneducational employees of the Board of Education, and shall be subject to any benefits provided for noneducational employees of the Board of Higher Education. The educational employees of the Teachers College at the time the control of such College is assumed by the Board of Higher Education shall be subject to the same benefits provided for all educational employees of the Board of Higher Education pursuant to paragraph (4) of this subsection, except that such educational employees may elect, within 90 days of such time, to remain subject to the provisions of part A of subchapter II of Chapter 20 of this title;

(13) To provide for the crediting to educational employees of the Teachers College, pursuant to the leave system established for educational employees of the Board of Higher Education under this subchapter, leave accumulated pursuant to the provisions of § 38-1909.

(b) A person shall, at the time of his registration to attend the Federal City College, be considered to be a legal resident of the District of Columbia for purposes of paragraph (6) of subsection (a) of this section if:

(1) Such person is domiciled in the District of Columbia on the date of such registration and has been so domiciled during all of the 3-month period immediately preceding such date; and

(2) In case such person on such date: (A) has not attained 21 years of age; (B) has not been relieved of the disabilities of minority by order of a court of competent jurisdiction; and (C) has a living parent or a court-appointed guardian or custodian; there is domiciled in the District of Columbia on such date an individual who is the parent or court-appointed guardian or custodian of such person, and who has been so domiciled for all of the 3-month period immediately preceding such date.

(Nov. 7, 1966, 80 Stat. 1427, Pub. L. 89-791, title I, § 103.)

Prior Codifications

1981 Ed., § 31-1403.

1973 Ed., § 31-1603.

Section References

This section is referenced in § 38-1105.

Cross References

Abolition of Board of Higher Education, see § 38-1202.08.

Ceremonial expenses, see § 38-914.

Official expenses, see § 38-915.

References in Text

“ Section 3306 of Title 5, United States Code,” referred to in subsections (a)(4)(iv) and (a)(5)(G), was repealed by the Act of February 10, 1978, 92 Stat. 25, Pub. L. 95-228.

“ Section 3364 of Title 5, United States Code,” referred to in subsections (a)(4)(iv) and (a)(5)(G), was repealed by the Act of December 31, 1975, 89 Stat. 1057, Pub. L. 94-183.

Editor's Notes

The Board of Higher Education and the Vocational Board were abolished on the day the Board of Trustees of the University of the District of Columbia convened its first meeting. See § 38-1202.08.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.