20 U.S.C. § 902

Regulations of Secretary of Defense

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(a) Employment, compensation, etc., of teachersNot later than the ninetieth day following July 17, 1959, the Secretary of Defense shall prescribe and issue regulations to carry out the purposes of this chapter. Such regulations shall govern—(1) the establishment of teaching positions;(2) the fixing of basic compensation for teachers 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 responsibilities in urban school jurisdictions in the United States of 100,000 or more population;(3) the entitlement of teachers to compensation;(4) the payment of compensation to teachers;(5) the appointment of teachers;(6) the conditions of employment of teachers;(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 compensation for teachers; and(10) such other matters as may be relevant and appropriate to the purposes of this chapter.(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 NotesCodification

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 provisions for issuance of regulations to fix basic compensation for teachers 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 responsibilities in urban school jurisdictions in the United States of 100,000 or more population for former provisions fixing basic compensation for teaching positions in relation to rates of basic compensation for similar positions in the United States.

Statutory Notes and Related SubsidiariesEffective 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].”

Notes of Decisions

Cited in 7 cases, 1974–2015 · leading case: Virginia J. March v. United States of Am.. Virginia J. March v. United States, 506 F.2d 1306 (D.C. Cir. 1974).

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Virginia J. March v. United States of Am.. Virginia J. March v. United States, 506 F.2d 1306 (D.C. Cir. 1974). · cites it 10× “20 U.S.C. § 902 (1970). Section 5 of the Act, as amended, provides in pertinent part: (a) The secretary of each military department in the Department of Defense shall conduct the emiiloyment and salary practices applicable to teachers and teaching positions in his military…”

Dep't of Def. Dependents Schs. v. Fed. Labor Relations Auth., No. 87-1733, 863 F.2d 988 (D.C. Cir. 1988). · cites it 2× “Compare 20 U.S.C. § 902 (a)(4) (1982) with 20 U.S.”

Nuclear Regulatory Comm'n v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 879 F.2d 1225 (4th Cir. 1989). “Section 704 of the Act, for example, preserves the collective bargaining rights of those “prevailing rate employees” who negotiated over pay prior to August 19, 1972.”

Stroh v. Dir., Off. of Workers' Comp. Programs, 810 F.2d 61 (3rd Cir. 1987). “See 320 U.S.C. § 902 (d). Yet if drivers were excluded from the definition of “miner” simply because they drove on public roads, many such plants would be excluded from the definition of “coal mine,” because custom coal preparation facilities are often located outside the…”

Overseas Fed'n of Teachers v. United States, 674 F.2d 8 (D.C. Cir. 1982). · cites it 2× “Acting pursuant to his authority under 20 U.S.C. § 902 (a)(7), 2 the Secretary set the length of the overseas school year at 190 working days.”

Overseas Fed'n of Teachers v. United States of Am. Overseas Educ. Ass'n, Inc. v. United States of Am., 674 F.2d 34 (D.C. Cir. 1982). · cites it 2× “Acting pursuant to his authority under 20 U.S.C. § 902 (a)(7), 2 the Secretary set the length of the overseas school year at 190 working days.”

Fed. Educ. Ass'n, Inc. v. United States, 120 Fed. Cl. 791 (Fed. Cl. 2015). “20 U.S.C. § 902 (a). 3 .According to the plaintiffs, this retroactive adjustment is carried out through a lump sum payment.”

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