OPINION ISSUED NOVEMBER 24, 1986

MARY ELIZABETH BINDER
VS.
DEPARTMENT OF EDUCATION

(CC-86-295)

No appearance by claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.

PER CURIAM:

This claim was submitted for decision based upon the allegations in the
Notice of Claim and
respondent's Answer.

Claimant seeks payment of the sum of $330.00 as reimbursement for the
cost of renewing her
teaching certificate. A statutory provision of the West Virginia Code
mandates that the
respondent will underwrite the cost of the tuition, registration, and
other fees of teachers who
have completed course work for the renewal of their teaching
certificates. Claimant completed
the necessary paperwork. Her payment receipt was lost and was not
submitted within the
proper fiscal year. Therefore, the claimant's tuition reimbursement
request was denied.

In its Answer, the respondent admits the allegations of fact set forth
in the Notice of Claim, but
further alleges that sufficient funds were not available at the close of
the fiscal year in question
from which the claim could have been paid.

While we feel that this is a claim which in equity and good conscience
should be paid, we are
of further opinion that an award cannot be made based on our decision in
Airkem Sales and
Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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