Evening star., 1939-04-20
Seal Gives Ru|inus
On Non-Residents'
Status in Schools
Board Doesn't Have to
Give Them Choice of
School, He Says
KAY SKILLICORN.

School authorities have received
from Corporation Counsel Elwood
Seal two rulings further interpreting
the status of nonresident pupils in
the District schools.
According to information pre-
sented to the Board of Education
yesterday, Mr.. Seal held:
l. That the age of a pupil has no
bearing on whether or not he Is en-
titled to free tuition in District
schools If the pupils parents are
employed officially or otherwise in
the District.
2. There is no requirement in the
law that nonresident children must
be accorded the right to attend the
schools nearest their homes.
Decision was made in the first in
stance in connection with four stu
dents at Wilson Teachers College
over 81 years of age. The parents
claimed exemption from the pay
ment OF tuition, asserting they are
continuously employed in the Dis
trict.
Mr.. Seal found the District law
provides "All pupils whose parents
are employed officially or otherwise
in the District of Columbia shall be
admitted and taught free of charge
In the schools Of said District" He
said he investigated the word pupil
to see If it covered any age group OF
represented a minor, but found none,
Would Apply to a Pupil Of IS.
"A person could be IS and still be
a pupil within the meaning of the
statute as it is worded," he said with
a smile, "and, if his parents were liv-
ing and employed in the District, he
could get in without paying tuition. ,
The second decision grew out OF
a petition by residents of the Wesley
Heights area that school boundary
lines be changed to permit children
to go to the Alice Deal Junior High
and the Woodrow Wilson Senior
High School instead of the Gordon
Junior High and Western Senior
High School as at present.
Supt. Frank w. Ballou took up
the matter last fall and ruled against
any change after investigating the
number of pupils who would be
affected and finding 1t relatively
small. Later he took the position
that under the Kemp case ruling
he must permit nonresident stu
dents from Bethesda and Chevy
Chase, Md, to attend the Deal and
Wilson Schools. He said he thought
1t unreasonable" to require these
students to 60 further into the Dis
trlct to Western and Gordon. He
told board members yesterday he
saw possible grounds for suit If such
discrimination were made in the
case OF non-residents to make room
Tor the Wesley Heights group.
Drayton Contests Ballou's Stand.
Board member Charles Drayton
LOOK DR.. Ballou sharply to task for
his point of view. Mr.. Seal, Mr..
Drayton pointed out, had ruled
specifically that there was nothing
IN the law to demand DR.. Ballou's
interpretation. Mr.. Seal ruled. he
said, that the matter was committed
to the sound discretion of school
authorities.
Mr.. Drayton said the matter had
been placed before the superintend-
ent before and rebuked him for de-
laying report to the board on the
matter. He said DR.. Ballou told
him it was an administrative mat
ter and not one of policy that
should come before the board
Therefore, Mr.. Drayton said, he had
to bring the matter up.
"Dr. Ballou's position is utterly
untenable," he told the other mem
bers. II am not willing to concede
that he is the final Judge as to what
is administrative detail and what is
policy. The superintendent has mis-
construed his function. A matter of
this sort ought to be brought before
the board"
Mr.. Drayton further charged that
DR.. Ballou was "haggling" with the
corporation counsel over the ruling
involved because he did not agree
With IL