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B-203423 1 (1982-10-19)

handle is hein.gao/gaobadkrg0001 and id is 1 raw text is: B-203423 tuition because the student is a degree candidate. The agency report states that arrangements were made with the university for these employees to take the courses as special students or degree candidates at their option, and that both employees chose to take the coursesas degree candidates. The agency paid for the courses at the special student rate, and the employees paid the difference (Giese - $126; McKeever - $294) which they now claim for the following reasons. Ms. Giese argues that the agency's action constituted a change in policy imposed upon them at midsemester which should have been delayed until the following semester when other financial assistance could have been arranged or career plans could have been altered. In addition, Ms. Giese argues that as a graduate student the coursework is more intensive, there is more emphasis on the student to perform well, and thus the Govern- ment has more to gain from an employee taking a course as a graduate student rather than as a special student. Mr. McKeever argues that as a special student he would not be able to participate in the same class work and research that would be available to a graduate student, and thus he would not obtain the specified level of training desired. The agency report states that there was no mid- semester change in policy but that the agency became aware that the employees were taking courses for graduate credit. The report continues that, although special students are excluded from certain courses or certain types of research, this was not the case here, and if the student needed a certain course or type of research, the agency would pay for the course at the graduate student rate. The authority for training Government employees in Government or non-Government facilities is con- tained in Chapter 41 of title 5, United States Code and 5 C.F.R. Part 410 (1982). See also Federal Personnel Manual (FPM) Chapter 410. It is within the discretion of the head of the agency to pay all or - 2 -

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