OPINION ISSUED NOVEMBER 24, 1986
MARY ELIZABETH BINDER
DEPARTMENT OF EDUCATION
No appearance by claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks payment of the sum of $330.00 as reimbursement for
cost of renewing her
teaching certificate. A statutory provision of the West Virginia
mandates that the
respondent will underwrite the cost of the tuition, registration,
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
in the Notice of Claim, but
further alleges that sufficient funds were not available at the
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
should be paid, we are
of further opinion that an award cannot be made based on our
Airkem Sales and
Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).