§ 38–101. Election; term of office; vacancies; meetings.
Repealed.
§ 38–102. General policies; expenditures; appointment of employees.
(a) The Board of Education shall determine all questions of general policy relating to the schools and the Superintendent shall implement such policy. The Board of Education shall appoint and evaluate the Superintendent who shall be responsible for the day-to-day operation of the schools.
(b) The Board of Education shall, at least every 2 years, adopt and publish an Education Policy Agenda that establishes spending priorities, goals and objectives; that establishes the organizational chart for the District of Columbia Public Schools; and that recognizes the policy-setting role of the Board and the management role of the Superintendent. In the course of preparing the Agenda, the Board of Education and the Superintendent shall take into account the recommendations of the Mayor, community and parent organizations, and recognized experts in the fields of education and finance. The Agenda shall be published in the D.C. Register and newspapers of general circulation.
(c) The Board of Education shall hire the Superintendent of Schools who shall be the chief executive officer for District of Columbia Public Schools, serve as a nonvoting member of the Board, and be responsible for the operations of the schools. The Board and Superintendent shall negotiate a performance contract setting forth the specific responsibilities of the Superintendent and shall make the contract available to the public on request. The Board shall have the authority to remove the Superintendent.
(d) The Board of Education shall establish personnel policies and guidelines for the hiring of principals and other personnel by the Superintendent, but shall not make or approve personnel decisions or negotiate with representatives of employee organizations.
(e) The Board of Education shall establish guidelines and goals for academic achievement.
§ 38–103. Annual estimates. [Repealed]
Repealed.
§ 38–104. Exemption from personal liability and security or bond requirement.
The members of the Board of Education of the District of Columbia shall not be personally liable in damages for any official action of the Board performed in good faith in which the members participate; nor shall any member of the Board be liable for any costs that may be taxed against them or the Board on account of any such official action by them as members of the Board; but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits brought against the municipality; nor shall the said Board or any of its members be required to give any supersedeas bond or security for costs or damages on any appeal whatever.
§ 38–105. Superintendent; appointment; term of office; duties. [Repealed]
Repealed.
§ 38–106. Removal of Superintendent. [Repealed]
Repealed.
§ 38–107. Supervisor of Manual Training.
There shall be appointed by the Board a Supervisor of Manual Training who, under the direction of the Superintendent, shall have supervision of manual training instruction.
§ 38–108. Classification by correlated subjects.
The Board of Education shall classify all academic and scientific subjects in the Central, Eastern, Western, and Business High Schools, and the McKinley Manual Training School into 8 departments so that each department shall contain correlated subjects, and the M Street High School and the Armstrong Manual Training School shall be similarly classified into 4 departments so that each department shall contain correlated subjects.
§ 38–109. Head of department; head teacher; class size limitation.
Whenever a department includes 2 or more high schools, then the teacher in charge of the department shall be designated “head of the department,” otherwise the teacher in charge of the department shall be designated “head teacher”; provided, that heads of departments as such have only an advisory capacity in educational matters and upon all questions shall be inferior in authority to the principal of each particular school; provided further, that no class shall be formed in the high schools with less than 10 pupils for a period not longer than 15 days.
§ 38–110. Qualifications required of teachers and officials. [Repealed]
Repealed.
§ 38–111. Investigation or trial of teacher.
When a teacher is on trial or being investigated he or she shall have the right to be attended by counsel and by at least 1 friend of his or her selection.
§ 38–112. Masculine pronoun to include both male and female.
Wherever the masculine pronoun occurs in this chapter it shall be construed to apply to either male or female teachers or employees of the Board of Education.
§ 38–121.01. District of Columbia Public Schools use of private funds.
(a) The annual District of Columbia Public Schools (“DCPS”) budget submission shall identify and list all donations, whether monetary or gifts in kind, of $100,000 or more, donated to DCPS, in a single donation or in multiple donations by a benefactor, for its benefit or purpose, whether directly or indirectly.
(b) The Mayor shall submit an annual report, along with the budget submission, on the use of non-government funds that specifies for each benefactor:
(1) Name and address;
(2) Amount of the planned or actual expenditure donation;
(3) The intended use of the donation; and
(4) The specific goods or services purchased on behalf of or donated to DCPS.
(c) For the purposes of this subchapter, the term “donation” means any gift, grant, devise, or bequest of any real or personal property, or other type of asset.
§ 38–121.02. Agency performance measures.
(a)(1) By January 1, 2011, the District of Columbia Public Schools, shall submit, in accordance with § 1-204.56a, comprehensive, measurable, objective agency performance measures that are to be included in the next 4 budget submissions for the purposes of measuring the agency’s performance in certain areas, including student outcomes, recruitment and retention of teachers and principals, management and business operations, and parent and community involvement.
(2) Beginning in 2012, this information shall be submitted by January 31 of each year in accordance with subsection (b) of this section to the Council for review and comment.
(b) A performance measure shall be included in the budget submission that includes at least one year of actual data. Once included in a budget submission, a performance measure shall be included in its original form for at least 4 successive years.
Subchapter II. Chancellor.
§ 38–131. Provisional duties of the Chancellor.
The Chancellor of the District of Columbia Public Schools is authorized to accept the resignation or the application for retirement of any employee, to grant leave of absence to any employee, to extend or terminate any temporary appointment, and to make all changes in personnel and appointments growing out of such resignation, retirement, leave of absence, termination of temporary appointment, or caused by the decease or suspension of any employee.
§ 38–132. Authority of acting Superintendent.
The authority conferred on the Superintendent of Schools by § 38-131 shall, during his authorized absence, devolve on the person designated as acting Superintendent of Schools.
Subchapter III. Miscellaneous Provisions.
§ 38–151. Normal schools.
The Board of Education shall have power to make all necessary rules and regulations for the organization and government of the normal schools, to prescribe the course of study to be pursued therein, and to fix terms for the admission and graduation of pupils; provided, that the Board of Education is hereby authorized, under appropriations hereafter to be made, to expand the 2 existing normal schools into teachers’ colleges, and at the end of the 4th year thereof to award appropriate degrees.
§ 38–152. Education of pages.
The Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe.
§ 38–153. Coordination of municipal programs.
(a) The Board of Education and the Mayor of the District of Columbia shall jointly develop procedures to assure the maximum coordination of educational and other municipal programs and services in achieving the most effective educational system and utilization of educational facilities and services to serve broad community needs. Such procedures shall cover such matters as:
(1) Design and construction of educational facilities to accommodate civic and community activities such as recreation, adult and vocational education and training, and other community purposes;
(2) Full utilization of educational facilities during nonschool hours for community purposes;
(3) Utilization of municipal services, such as police, sanitation, recreational, and maintenance services to enhance the effectiveness and stature of the school in the community;
(4) Arrangements for cost-sharing and reimbursements on school and community programs involving utilization of educational facilities and services; and
(5) Other matters of mutual interest and concern.
(b) The Board of Education may invite the Mayor of the District of Columbia or his designee to attend and participate in meetings of the Board on matters pertaining to coordination of educational and other municipal programs and services and on such other matters as may be of mutual interest.
§ 38–154. Annual Board of Education report and budget revision. [Repealed]
Repealed.
§ 38–155. Adoption and use of seal.
The Mayor is hereby authorized to adopt, alter and use a seal which shall be judicially noticed, and to prescribe rules and regulations as may be deemed necessary to implement this section.
§ 38–156. Power to raze buildings; limitations.
The Mayor, with the consent of the Council by resolution, shall have the power to raze structures. The razing of any building, structure, or part of any building or structure that is on the National Register of Historic Places, the District of Columbia inventory of historic sites, or for which application for one of these listings is pending, shall not be approved.
§ 38–157. Contracting out of food services operations and security services; development of management and data systems.
(a) Notwithstanding any other law, rule, or regulation, the District of Columbia Public Schools shall contract out, beginning in School Year 1995-96 and Fiscal Year 1996, all food services operations and security services for the D.C. Public Schools unless the Chancellor determines that it is not feasible.
(b) Notwithstanding any other law, rule, or regulation, the District of Columbia Public Schools shall contract out for no more than a 3-year period, beginning in School Year 1995-96 and Fiscal Year 1996, the development of new management and data systems, as well as training of currently employed personnel to use and manage these systems, in the areas of budget, finance, personnel/human resources, management information services, procurement, and supply management.
§ 38–158. Detail of officers to training program.
Pursuant to section 101(1)(c) and (d) of the Reserve Officers’ Training Corps Vitalization Act of 1964, approved October 13, 1964 (78 Stat. 1063; 10 U.S.C. § 2031(c) and (d)), the Board of Education, beginning in the 1995-96 School Year, shall request and ensure that active duty officers and noncommissioned officers of the U.S. Armed Forces be detailed as administrators and instructors to the District of Columbia Public Schools’ Junior Reserve Officers’ Training Corps program.
§ 38–159. Public school enrollment census.
(a) The State Education Office and the District of Columbia Public Schools shall hire an independent contractor to perform a census of the enrolled students in the D.C. Public Schools as well as the school employees, their job classifications, and duties.
(b) The independent contractor shall count the number of students enrolled in the District of Columbia Public Schools. The count shall include the information specified in § 38-1804.02(b).
(c) The independent contractor shall submit the census report to the Council, Mayor, and the Financial Authority on or before January 1, 1999, and in subsequent years as needed.
§ 38–160. Public schools Schedule A submission.
The District of Columbia Public Schools shall submit to the Board of Education by January 1st and July 1st of each year a Schedule A showing all the current funded positions of the District of Columbia Public Schools, their compensation levels, and indicating whether the positions are encumbered. The Board of Education shall approve or disapprove each Schedule A within 30 days of its submission and provide the Council of the District of Columbia a copy of the Schedule A within 5 days of its approval.
§ 38–161. Attendance at Teachers College by foreign students.
Notwithstanding any other provision of law, not to exceed 25 foreign students who are in the United States on valid unexpired student visas may be permitted to attend the District of Columbia Teachers College each year on the same basis, so far as payment of tuition and fees are concerned, as a resident of the District of Columbia. Admission to and attendance at such college by such students shall be subject to rules and regulations prescribed by the Board of Education of the District of Columbia.
