Chapter 18. District of Columbia School Reform (Public Charter Schools).

§ 38–1800.01. Short title.

This chapter may be cited as the “District of Columbia School Reform Act of 1995”.

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§ 38–1800.02. Definitions.

Except as otherwise provided, for purposes of this chapter:

(1) Appropriate congressional committees. — The term “appropriate congressional committees” means:—

(A) The Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate;

(B) The Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Senate; and

(C) The Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate.

(2) Authority. — The term “Authority” means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47-391.01(a).

(3) Average daily attendance. — The term “average daily attendance” means the aggregate attendance of students of the school during the period divided by the number of days during the period in which:

(A) The school is in session; and

(B) The students of the school are under the guidance and direction of teachers.

(4) Average daily membership. — The term “average daily membership” means the aggregate enrollment of students of the school during the period divided by the number of days during the period in which:

(A) The school is in session; and

(B) The students of the school are under the guidance and direction of teachers.

(5) Board of Education. — The term “Board of Education” means the Board of Education of the District of Columbia.

(6) Board of Trustees. — The term “Board of Trustees” means the governing board of a public charter school, the members of which are selected pursuant to the charter granted to the school and in a manner consistent with this chapter.

(6A) Charter school facility incubator.— The term “charter school facility incubator” means a nonprofit organization that uses its facility or property to house a charter school for 5 years or until the charter school can acquire its own property, whichever occurs first.

(7) Consensus Commission. — The term “Consensus Commission” means the Commission on Consensus Reform in the District of Columbia public schools established under subchapter VIII of this chapter.

(8) Core curriculum. — The term “core curriculum” means the concepts, factual knowledge, and skills that students in the District of Columbia should learn in kindergarten through grade 12 in academic content areas, including, at a minimum, English, mathematics, science, and history.

(8A) DCPS. — The term “DCPS” means the District of Columbia Public Schools, established by §  38-171.

(9) District of Columbia Council. — The term “District of Columbia Council” means the Council of the District of Columbia established pursuant to § 1-204.01.

(10) District of Columbia government. —

(A) In general. — The term “District of Columbia Government” means the government of the District of Columbia, including:

(i) Any department, agency, or instrumentality of the government of the District of Columbia;

(ii) Any independent agency of the District of Columbia established under part F of title IV of the District of Columbia Home Rule Act;

(iii) Any other agency, board, or commission established by the Mayor or the District of Columbia Council;

(iv) The courts of the District of Columbia;

(v) The District of Columbia Council; and

(vi) Any other agency, public authority, or public nonprofit corporation that has the authority to receive moneys directly or indirectly from the District of Columbia (other than moneys received from the sale of goods, the provision of services, or the loaning of funds to the District of Columbia).

(B) Exception. — The term “District of Columbia Government” neither includes the Authority nor a public charter school.

(11) District of Columbia Government Retirement System. — The term “District of Columbia Government retirement system” means the retirement programs authorized by the District of Columbia Council or the Congress for employees of the District of Columbia Government.

(12) District of Columbia public school. —

(A) In general. — The term “District of Columbia public school” means a public school in the District of Columbia that offers classes:

(i) At any of the grade levels from prekindergarten through grade 12; or

(ii) Leading to a secondary school diploma, or its recognized equivalent.

(B) Exception. — The term “District of Columbia public school” does not include a public charter school.

(13) Districtwide assessments. — The term “districtwide assessments” means a variety of assessment tools and strategies (including individual student assessments under subparagraph (E)(ii) of this paragraph administered by the Superintendent to students enrolled in District of Columbia public schools and public charter schools that:

(A) Are aligned with the District of Columbia’s content standards and core curriculum;

(B) Provide coherent information about student attainment of such standards;

(C) Are used for purposes for which such assessments are valid, reliable, and unbiased, and are consistent with relevant nationally recognized professional and technical standards for such assessments;

(D) Involve multiple up-to-date measures of student performance, including measures that assess higher order thinking skills and understanding; and

(E) Provide for:

(i) The participation in such assessments of all students;

(ii) Individual student assessments for students that fail to reach minimum acceptable levels of performance;

(iii) The reasonable adaptations and accommodations for students with special needs (as defined in paragraph (32) of this section) necessary to measure the achievement of such students relative to the District of Columbia’s content standards; and

(iv) The inclusion of limited-English proficient students, who shall be assessed, to the extent practicable, in the language and form most likely to yield accurate and reliable information regarding such students’ knowledge and abilities.

(14) Electronic data transfer system. — The term “electronic data transfer system” means a computer-based process for the maintenance and transfer of student records designed to permit the transfer of individual student records among District of Columbia public schools and public charter schools.

(15) Elementary school. — The term “elementary school” means an institutional day or residential school that provides elementary education, as determined under District of Columbia law.

(16) Eligible applicant. — The term “eligible applicant” means a person, including a private, public, or quasi-public entity, or an institution of higher education (as defined in § 1201(a) of the Higher Education Act of 1965 (20 U.S.C. § 1141(a) [repealed]), that seeks to establish a public charter school in the District of Columbia.

(17) Eligible chartering authority. — The term “eligible chartering authority” means any of the following:

(A) The Board of Education;

(B) The Public Charter School Board; or

(C) Any one entity designated as an eligible chartering authority by enactment of a bill by the District of Columbia Council after April 26, 1996.

(17A) Eligible entity. — The term “eligible entity” means:

(A) A public charter school;

(B) An eligible applicant whose petition to establish a public charter school has been conditionally approved pursuant to §  38–1802.03(d)(2);

(C) A Board of Trustees; or

(D) A charter school facility incubator.

(17B) Excess. — The term “excess” means no longer needed for operational purposes for DCPS or another District agency.

(18) Family resource center. — The term “family resource center” means an information desk:

(A) Located in a District of Columbia public school or a public charter school serving a majority of students whose family income is not greater than 185 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with § 673(2) of the Community Services Block Grant Act applicable to a family of the size involved (42 U.S.C. § 9902(3)); and

(B) Which links students and families to local resources and public and private entities involved in child care, adult education, health and social services, tutoring, mentoring, and job training.

(18A) IDEA. — The term “ IDEA” means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400et seq.), and its implementing regulations.

(19) Individual career path. — The term “individual career path” means a program of study that provides a secondary school student the skills necessary to compete in the 21st century workforce.

(19A) Individualized education program or IEP. — The term “individualized education plan” or “IEP” means a written plan that specifies the special education programs and services to be provided to meet the unique educational needs of a child with a disability, as required under section 614(d) of IDEA (20 U.S. C. § 1414(d)).

(20) Literacy. — The term “literacy” means:

(A) In the case of a minor student, such student’s ability to read, write, and speak in English, and compute and solve problems at levels of proficiency necessary to function in society, to achieve such student’s goals, and develop such student’s knowledge and potential; and

(B) In the case of an adult, such adult’s ability to read, write, and speak in English, and compute and solve problems at levels of proficiency necessary to function on the job and in society, to achieve such adult’s goals, and develop such adult’s knowledge and potential.

(21) Long-term reform plan. — The term “long-term reform plan” means the plan submitted by the Superintendent under § 38-1801.01.

(22) Mayor. — The term “Mayor” means the Mayor of the District of Columbia.

(23) Metrobus and Metrorail Transit System. — The term “Metrobus and Metrorail Transit System” means the bus and rail systems administered by the Washington Metropolitan Area Transit Authority.

(24) Minor student. — The term “minor student” means an individual who:

(A) Is enrolled in a District of Columbia public school or a public charter school; and

(B) Is not beyond the age of compulsory school attendance, as prescribed in §§ 38-201 and 38-202.

(24A) Nonprofit Corporation Act. — The term “Nonprofit Corporation Act” means Chapter 4 of Title 29.

(25) Nonresident student. — The term “nonresident student” means:

(A) An individual under the age of 18 who is enrolled in a District of Columbia public school or a public charter school, and does not have a parent, guardian, custodian, or primary care giver, as determined pursuant to Chapter 3 of this title [§ 38-302 et seq.], residing in the District of Columbia; or

(B) An individual who is age 18 or older and is enrolled in a District of Columbia public school or public charter school, and does not reside in the District of Columbia.

(25A) Office of the State Superintendent of Education or OSSE. — The term “Office of the State Superintendent of Education” or “OSSE” means the Office of the State Superintendent of Education established by § 38-2601.

(26) Parent. — The term “parent” means a person who has custody of a child, and who:

(A) Is a natural parent of the child;

(B) Is a stepparent of the child;

(C) Has adopted the child; or

(D) Is appointed as a guardian for the child by a court of competent jurisdiction.

(27) Petition. — The term “petition” means a written application.

(28) Promotion gate. — The term “promotion gate” means the criteria, developed by the Superintendent and approved by the Board of Education, that are used to determine student promotion at different grade levels. Such criteria shall include student achievement on districtwide assessments established under subchapter III of this chapter.

(29) Public charter school. — The term “public charter school” means a publicly funded school in the District of Columbia that:

(A) Is established pursuant to subchapter II of this chapter; and

(B) Except as provided under §§ 38-1802.12(d)(5) and 38-1802.13(c)(5) is not a part of the District of Columbia public schools.

(30) Public Charter School Board. — The term “Public Charter School Board” means the Public Charter School Board established under § 38-1802.14.

(30A) Rehabilitation Act. — The term “Rehabilitation Act” means the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 355; 29 U.S. C. § 701et seq.).

(30B) School facility. — The term “school facility” means a structure or real property that:

(A) Is under the control of DCPS; or

(B) Was previously under the control of DCPS or the Board of Education and is now under the control of the Mayor or another agency of the District government.

(30C) School management organization. — The term "school management organization" means an entity that a public charter school identifies in its charter petition or petition for charter revision with which the public charter school contracts to provide management or oversight services regarding the school's expenditures, administration, personnel, or instructional methods. The term "school management organization" does not include an entity with which a public charter school contracts solely to provide administrative support services, such as:

(A) Payroll processing or information technology services;

(B) Academic support services; or

(C) Temporary management services recommended by the eligible chartering authority to improve the performance of a public charter school.

(31) Secondary school. — The term “secondary school” means an institutional day or residential school that provides secondary education, as determined by District of Columbia law, except that such term does not include any education beyond grade 12.

(32) Student with special needs. — The term “student with special needs” means a student who is a child with a disability as provided in § 602(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. § 1401(a)(1)) or a student who is an individual with a disability as provided in § 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. § 706(8) [29 U.S.C. § 705(20)]).

(33) Superintendent. — The term “Superintendent” means the Superintendent of the District of Columbia public schools.

(34) Teacher. — The term “teacher” means any person employed as a teacher by the Board of Education or by a public charter school.

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§ 38–1800.03. General effective date.

Except as otherwise provided in this chapter, this chapter shall be effective beginning on April 26, 1996.

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Subchapter I. District of Columbia Reform Plan.

§ 38–1801.01. Long-term reform plan.

(a) In General. —

(1) Plan. — The Superintendent, with the approval of the Board of Education, shall submit to the Mayor, the District of Columbia Council, the Authority, the Consensus Commission, and the appropriate congressional committees, a long-term reform plan, not later than 90 days after April 26, 1996, and each February 15 thereafter. The long-term reform plan shall be consistent with the financial plan and budget for the District of Columbia for fiscal year 1996, and each financial plan and budget for a subsequent fiscal year, as the case may be, required under § 47-392.01.

(2) Consultation. —

(A) In general. — In developing the long-term reform plan, the Superintendent:

(i) Shall consult with the Board of Education, the Mayor, the District of Columbia Council, the Authority, and the Consensus Commission; and

(ii) Shall afford the public, interested organizations, and groups an opportunity to present their views and make recommendations regarding the long-term reform plan.

(B) Summary of recommendations. — The Superintendent shall include in the long-term plan a summary of the recommendations made under subparagraph (A)(ii) of this paragraph and the response of the Superintendent to the recommendations.

(b) Contents. —

(1) Areas to be addressed. — The long-term reform plan shall describe how the District of Columbia public schools will become a world-class education system that prepares students for lifetime learning in the 21st century and which is on a par with the best education systems of other cities, States, and nations. The long-term reform plan shall include a description of how the District of Columbia public schools will accomplish the following:

(A) Achievement at nationally and internationally competitive levels by students attending District of Columbia public schools;

(B) The preparation of students for the workforce, including:

(i) Providing special emphasis for students planning to obtain a postsecondary education; and

(ii) The development of individual career paths;

(C) The improvement of the health and safety of students in District of Columbia public schools;

(D) Local school governance, decentralization, autonomy, and parental choice among District of Columbia public schools;

(E) The implementation of a comprehensive and effective adult education and literacy program;

(F) The identification, beginning in grade 3, of each student who does not meet minimum standards of academic achievement in reading, writing, and mathematics in order to ensure that such student meets such standards prior to grade promotion;

(G) The achievement of literacy, and the possession of the knowledge and skills necessary to think critically, communicate effectively, and perform competently on districtwide assessments, by students attending District of Columbia public schools prior to such student’s completion of grade 8;

(H) The establishment of after-school programs that promote self-confidence, self-discipline, self-respect, good citizenship, and respect for leaders, through such activities as arts classes, physical fitness programs, and community service;

(I) Steps necessary to establish an electronic data transfer system;

(J) Encourage parental involvement in all school activities, particularly parent teacher conferences;

(K) Expired.

(L) The establishment of classes, beginning not later than grade 3, to teach students how to use computers effectively;

(M) The development of community schools that enable District of Columbia public schools to collaborate with other public and nonprofit agencies and organizations, local businesses, recreational, cultural, and other community and human service entities, for the purpose of meeting the needs and expanding the opportunities available to residents of the communities served by such schools;

(N) The establishment of programs which provide counseling, mentoring (especially peer mentoring), academic support, outreach, and supportive services to elementary, middle, and secondary school students who are at risk of dropping out of school;

(O) The establishment of a comprehensive remedial education program to assist students who do not meet basic literacy standards, or the criteria of promotion gates established in § 38-1803.21;

(P) The establishment of leadership development projects for middle school principals, which projects shall increase student learning and achievement and strengthen such principals as instructional school leaders;

(Q) The implementation of a policy for performance-based evaluation of principals and teachers, after consultation with the Superintendent and unions (including unions that represent teachers and unions that represent principals);

(R) The implementation of policies that require competitive appointments for all District of Columbia public school positions;

(S) The implementation of policies regarding alternative teacher certification requirements;

(T) The implementation of testing requirements for teacher licensing renewal;

(U) A review of the District of Columbia public school central office budget and staffing reductions for each fiscal year compared to the level of such budget and reductions at the end of fiscal year 1995; and

(V) The implementation of the discipline policy for the District of Columbia public schools in order to ensure a safe, disciplined environment conducive to learning.

(2) Other information. — For each of the items described in subparagraphs (A) through (V) of paragraph (1), the long-term reform plan shall include:

(A) A statement of measurable, objective performance goals;

(B) A description of the measures of performance to be used in determining whether the Superintendent and Board of Education have met the goals;

(C) Dates by which the goals shall be met;

(D) Plans for monitoring and reporting progress to District of Columbia residents, the Mayor, the District of Columbia Council, the Authority, the Consensus Commission, and the appropriate congressional committees regarding the carrying out of the long-term reform plan; and

(E) The title of the management employee of the District of Columbia public schools most directly responsible for the achievement of each goal and, with respect to each such employee, the title of the employee’s immediate supervisor or superior.

(c) Amendments. — The Superintendent, with the approval of the Board of Education, shall submit any amendment to the long-term reform plan to the Mayor, the District of Columbia Council, the Authority, the Consensus Commission, and the appropriate congressional committees. Any amendment to the long-term reform plan shall be consistent with the financial plan and budget for fiscal year 1996, and each financial plan and budget for a subsequent fiscal year, as the case may be, for the District of Columbia required under § 47-392.01.

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§ 38–1801.02. Superintendent’s report on reforms.

Not later than December 1, 1996, the Superintendent shall submit to the appropriate congressional committees, the Board of Education, the Mayor, the Consensus Commission, and the District of Columbia Council a report regarding the progress of the District of Columbia public schools toward achieving the goals of the long-term reform plan.

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§ 38–1801.03. District of Columbia Council report.

Not later than April 1, 1997, the Chairperson of the District of Columbia Council shall submit to the appropriate congressional committees a report describing legislative and other actions the District of Columbia Council has taken or will take to facilitate the implementation of the goals of the long-term reform plan.

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Subchapter II. Public Charter Schools.

§ 38–1802.01. Process for filing charter petitions.

(a) Existing public school. — An eligible applicant seeking to convert a District of Columbia public school into a public charter school:

(1) Shall prepare a petition to establish a public charter school that meets the requirements of § 38-1802.02;

(2) Shall provide a copy of the petition to:

(A) The parents of minor students attending the existing school;

(B) Adult students attending the existing school;

(C) Employees of the existing school;

(D) Parents of minor students who both attend:

(i) The school grade immediately lower than the first school grade which is served by the public school which is the subject of the conversion petition; and

(ii) A school that is located within the attendance zone of the public school which is the subject of the conversion petition.

(E) Each Advisory Neighborhood Commission which represents an area within the attendance area of the public school which is the subject of the conversion petition; and

(3) Shall file the petition with an eligible chartering authority for approval after the petition:

(A) Is signed by two-thirds of the sum of:

(i) The total number of parents of minor students attending the school; and

(ii) The total number of adult students attending the school; and

(B) Is endorsed by at least two-thirds of full-time teachers employed in the school.

(b) Private or independent school. — An eligible applicant seeking to convert an existing private or independent school in the District of Columbia into a public charter school:

(1) Shall prepare a petition to establish a public charter school that is approved by the Board of Trustees or authority responsible for the school and that meets the requirements of § 38-1802.02;

(2) Shall provide a copy of the petition to:

(A) The parents of minor students attending the existing school;

(B) Adult students attending the existing school; and

(C) Employees of the existing school; and

(3) Shall file the petition with an eligible chartering authority for approval after the petition:

(A) Is signed by two-thirds of the sum of:

(i) The total number of parents of minor students attending the school; and

(ii) The total number of adult students attending the school; and

(B) Is endorsed by at least two-thirds of full-time teachers employed in the school.

(c) New school. — An eligible applicant seeking to establish in the District of Columbia a public charter school, but not seeking to convert a District of Columbia public school or a private or independent school into a public charter school, shall file with an eligible chartering authority for approval a petition to establish a public charter school that meets the requirements of § 38-1802.02.

(c-1) Jointly operated school. — The Public Charter School Board shall have the authority to approve one joint program for applicants seeking to establish a jointly operated school where 2 or more public charter schools that have adopted, for the combined program, identical mission statements, goals, curricula and educational philosophy (“member schools”) may combine to create a jointly operated middle and high school. Notwithstanding any other law, the jointly operated school shall have the same duties, powers and responsibilities of a public charter school, shall be funded as if a public charter school, and shall be treated as a single local educational agency under federal and local law. Students matriculating directly from the highest grade of a member school into the entry grade of the jointly operated school shall be exempt from the requirements of § 38-1802.06(c).

(d) Limitations on filing. —

(1) Multiple chartering authorities. — An eligible applicant may not file the same petition to establish a public charter school with more than one eligible chartering authority during a calendar year.

(2) Multiple petitions. — An eligible applicant may not file more than one petition to establish a public charter school during a calendar year.

(e) Petition for public charter school is public. — A petition to establish a public charter school in the District of Columbia, or to convert a District of Columbia public school or an existing private or independent school, is a public document.

(f) Existing public charter schools. — A public charter school that existed prior to June 12, 2007, and that was chartered by the District of Columbia Board of Education pursuant to Chapter 17 of this title [§ 38-1701.01 et seq.] [repealed], shall not be required to file a petition with the Public Charter School Board; it shall be considered approved and chartered for the purposes of this chapter and shall be subject to the powers and duties granted to the Public Charter School Board as an eligible chartering authority pursuant to §§ 38-1802.11, 38-1802.12, and 38-1802.13.

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§ 38–1802.02. Contents of petition.

A petition under § 38-1802.01 to establish a public charter school shall include the following:

(1) A statement defining the mission and goals of the proposed school and the manner in which the school will conduct any districtwide assessments;

(2) A statement of the need for the proposed school in the geographic area of the school site;

(3) A description of the proposed instructional goals and methods for the proposed school, which shall include, at a minimum:

(A) The area of focus of the proposed school, such as mathematics, science, or the arts, if the school will have such a focus;

(B) The methods that will be used, including classroom technology, to provide students with the knowledge, proficiency, and skills needed:

(i) To become nationally and internationally competitive students and educated individuals in the 21st century; and

(ii) To perform competitively on any districtwide assessments; and

(C) The methods that will be used to improve student self-motivation, classroom instruction, and learning for all students;

(4) A description of the scope and size of the proposed school’s program that will enable students to successfully achieve the goals established by the school, including the grade levels to be served by the school and the projected and maximum enrollment of each grade level;

(5) A description of the plan for evaluating student academic achievement at the proposed school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below the expectations of the school;

(6) An operating budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains:

(A) A description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school;

(B) Either:

(i) An identification of the site where the school will be located, including a description of any buildings on the site and any buildings proposed to be constructed on the site; or

(I) An identification of a facility for the school, including a description of the site where the school will be located, any buildings on the site, and any buildings proposed to be constructed on the site; and

(II) Information demonstrating that the eligible applicant has acquired title to, or otherwise secured the use of, the facility; or

(ii) A timetable by which an identification described in subsubparagraph (i)(I) of this subparagraph will be made, and the information described in sub-sub-paragraph (i)(II) of this subparagraph will be submitted, to the eligible chartering authority;

(C) A description of any major contracts planned, with a value equal to or exceeding $10,000, for equipment and services, leases, improvements, purchases of real property, or insurance; and

(D) A timetable for commencing operations as a public charter school;

(7) A description of the proposed rules and policies for governance and operation of the proposed school;

(8) Copies of the proposed articles of incorporation and bylaws of the proposed school, which shall include provisions governing the distribution of the corporation’s assets upon dissolution that comply with the requirements of § 38-1802.13a;

(9) The names and addresses of the members of the proposed Board of Trustees and the procedures for selecting trustees;

(10) A description of the student enrollment, admission, suspension, expulsion, and other disciplinary policies and procedures of the proposed school, and the criteria for making decisions in such areas;

(11) A description of the procedures the proposed school plans to follow to ensure the health and safety of students, employees, and guests of the school and to comply with applicable health and safety laws, and all applicable civil rights statutes and regulations of the Federal Government and the District of Columbia;

(12) An explanation of the qualifications that will be required of employees of the proposed school;

(13) An identification, and a description, of the individuals and entities submitting the petition, including their names and addresses, and the names of the organizations or corporations of which such individuals are directors or officers;

(14) A description of how parents, teachers, and other members of the community have been involved in the design and will continue to be involved in the implementation of the proposed school;

(15) A description of how parents and teachers will be provided an orientation and other training to ensure their effective participation in the operation of the public charter school;

(16) An assurance the proposed school will seek, obtain, and maintain accreditation from at least one of the following:

(A) The Middle States Association of Colleges and Schools;

(B) The Association of Independent Maryland Schools;

(C) The Southern Association of Colleges and Schools;

(D) The Virginia Association of Independent Schools;

(E) American Montessori Internationale;

(F) The American Montessori Society;

(G) The National Academy of Early Childhood Programs; or

(H) Any other accrediting body deemed appropriate by the eligible chartering authority that granted the charter to the school; and

(17) Repealed;

(18) An explanation of the relationship that will exist between the public charter school and the school’s employees.

(19) Repealed.

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§ 38–1802.03. Process for approving or denying public charter school petitions.

(a) Schedule. — An eligible chartering authority shall establish a schedule for receiving petitions to establish a public charter school and shall publish any such schedule in the District of Columbia Register and newspapers of general circulation.

(b) Public hearing. — Not later than 45 days after a petition to establish a public charter school is filed with an eligible chartering authority, the eligible chartering authority shall hold a public hearing on the petition to gather the information that is necessary for the eligible chartering authority to make the decision to approve or deny the petition.

(c) Notice. — Not later than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter school, an eligible chartering authority:

(1) Shall publish a notice of the hearing in the District of Columbia Register and newspapers of general circulation;

(2) Shall send a written notification of the hearing date to the eligible applicant who filed the petition;

(3) Shall send written notification of the hearing date to the Advisory Neighborhood Commission in the area in which the school is located; and

(4) Shall send written notification of the hearing date to the following parties when the petition is to convert an existing public school into a public charter school:

(A) Parents of minor students attending the public school which is the subject of the conversion petition;

(B) Adult students attending the public school which is the subject of the conversion petition;

(C) Employees of the public school which is the subject of the conversion petition; and

(D) Parents of minor students who both attend:

(i) The school grade immediately lower than the first school grade which is served by the public school which is the subject of the conversion petition; and

(ii) A school that is located within the attendance zone of the public school which is the subject of the conversion petition.

(d) Approval. —

(1) In general. — Subject to subsection (i) of this section and paragraph (2) of this subsection an eligible chartering authority shall approve a petition to establish a public charter school, if:

(A) The eligible chartering authority determines that the petition satisfies the requirements of this subchapter;

(B) The eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this subchapter and other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition;

(C) The eligible chartering authority determines that the public charter school has the ability to meet the educational objectives outlined in the petition; and

(D) The approval will not cause the eligible chartering authority to exceed a limit under subsection (i) of this section.

(2) Conditional approval. —

(A) In general. — In the case of a petition that does not contain the identification and information required under § 38-1802.02(6)(B)(i), but does contain the timetable required under § 38-1802.02(6)(B)(ii), an eligible chartering authority may only approve the petition on a conditional basis, subject to the eligible applicant’s submitting the identification and information described in § 38-1802.02(6)(B)(i) in accordance with such timetable, or any other timetable specified in writing by the eligible chartering authority in an amendment to the petition.

(B) Effect of conditional approval. — For purposes of subsections (e), (h), (i), and (j) of this section, a petition conditionally approved under this paragraph shall be treated the same as a petition approved under paragraph (1) of this subsection except that on the date that such a conditionally approved petition ceases to be conditionally approved because the eligible applicant has not timely submitted the identification and information described in § 38-1802.02(6)(B)(i), the approval of the petition shall cease to be counted for purposes of subsection (i) of this section.

(e) Timetable. — An eligible chartering authority shall approve or deny a petition to establish a public charter school not later than 45 days after the conclusion of the public hearing on the petition.

(f) Extension. — An eligible chartering authority and an eligible applicant may agree to extend the 45-day time period referred to in subsection (e) of this section by a period that shall not exceed 30 days.

(g) Denial explanation. — If an eligible chartering authority denies a petition or finds the petition to be incomplete, the eligible chartering authority shall specify in writing the reasons for its decision and indicate, when the eligible chartering authority determines appropriate, how the eligible applicant who filed the petition may revise the petition to satisfy the requirements for approval.

(h) Approved petition. —

(1) Notice. — Not later than 10 days after an eligible chartering authority approves a petition to establish a public charter school, the eligible chartering authority shall provide a written notice of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection (d) of this section, to the eligible applicant and to the Chief Financial Officer of the District of Columbia. The eligible chartering authority shall publish a notice of the approval of the petition in the District of Columbia Register and newspapers of general circulation.

(2) Charter. — The provisions described in paragraphs (1), (7), (8), (11), (16), and (18) of § 38-1802.02 of a petition to establish a public charter school that are approved by an eligible chartering authority, together with any amendments to such provisions in the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d) of this section, shall be considered a charter granted to the school by the eligible chartering authority.

(i) Number of petitions. —

(1) First year. — During calendar year 1996, not more than 10 petitions to establish public charter schools may be approved under this subchapter.

(2) Subsequent years. —

(A) In general. —

(i) Annual limit. — Subject to subparagraph (B) of this paragraph and sub-subparagraph (ii) of this subparagraph, during calendar year 1997, and during each subsequent calendar year, each eligible chartering authority shall not approve more than 10 petitions to establish a public charter school under this subchapter.

(ii) Timetable. — Any petition approved under sub-subparagraph (i) of this subparagraph shall be approved during an application approval period that terminates on April 1 of each year. Such an approval period may commence before or after January 1 of the calendar year in which it terminates, except that any petition approved at any time during such an approval period shall count, for purposes of sub-subparagraph (i) of this subparagraph, against the total number of petitions approved during the calendar year in which the approval period terminates.

(B) Exception. — If, by April 1 of any calendar year after 1996, an eligible chartering authority has approved fewer than 10 petitions during such calendar year, any other eligible chartering authority may approve more than 10 petitions during such calendar year, but only if:

(i) The eligible chartering authority completes the approval of any such additional petition before June 1 of the year; and

(ii) The approval of any such additional petition will not cause the total number of petitions approved by all eligible chartering authorities during the calendar year to exceed 20.

(j) Authority of eligible chartering authority. —

(1) In general. — Except as provided in paragraph (2) of this subsection, and except for officers or employees of the eligible chartering authority with which a petition to establish a public charter school is filed, no governmental entity, elected official, or employee of the District of Columbia shall make, participate in making, or intervene in the making of, the decision to approve or deny such a petition.

(2) Availability of review. — A decision by an eligible chartering authority to deny a petition to establish a public charter school shall be subject to judicial review by an appropriate court of the District of Columbia or by the Office of the State Superintendent of Education. In the case of review by the Office of the State Superintendent of Education, the Office of the State Superintendent of Education shall issue procedures for the submission and review of appeals.

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§ 38–1802.04. Duties, powers, and other requirements, of public charter schools.

(a) Duties. — A public charter school shall comply with all of the terms and provisions of its charter.

(b) Powers. — A public charter school shall have the following powers:

(1) To adopt a name and corporate seal, but only if the name selected includes the words “public charter school”;

(2) To acquire real property for use as the public charter school’s facilities, from public or private sources;

(3) To receive and disburse funds for public charter school purposes;

(4) Subject to subsection (c)(1) of this section, to secure appropriate insurance and to make contracts and leases, including agreements to procure or purchase services, equipment, and supplies;

(5) To incur debt in reasonable anticipation of the receipt of funds from the general fund of the District of Columbia or the receipt of Federal or private funds;

(6) To solicit and accept any grants or gifts for public charter school purposes, if the public charter school:

(A) Does not accept any grants or gifts subject to any condition contrary to law or contrary to its charter; and

(B) Maintains for financial reporting purposes separate accounts for grants or gifts;

(7) To be responsible for the public charter school’s operation, including preparation of a budget and personnel matters; and

(8) To sue and be sued in the public charter school’s own name.

(b-1) Limitation on powers. — Each power conferred upon a public charter school under subsection (b) of this section can only be used for the sole purpose of operating the public charter school.

(c) Prohibitions and other requirements. —

(1) Contracting authority. —

(A) Notice requirement for procurement contracts. —

(i) In general. — Except in the case of an emergency (as determined by the eligible chartering authority of a public charter school), with respect to any procurement contract proposed to be awarded by the public charter school and having a value equal to or exceeding $25,000, the school shall publish a notice of a request for proposals in the District of Columbia Register and newspapers of general circulation not less than 7 days prior to the award of the contract.

(ii) Exception for certain contracts. — The notice requirement of sub-subparagraph (i) of this subparagraph shall not apply with respect to any contract for the lease or purchase of real property by a public charter school, any employment contract for a staff member of a public charter school, or any management contract entered into by a public charter school and the management company designated in its charter or its petition for a revised charter.

(B) Submission to the eligible chartering authority. —

(i) Deadline for submission. — With respect to any contract described in subparagraph (A) of this paragraph that is awarded by a public charter school, the school shall submit to the eligible chartering authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract.

(ii) Effective date of contract. — A contract described in subparagraph (A) of this paragraph shall become effective on the date that is 10 days after the date the school makes the submission under sub-subparagraph (i) of this subparagraph with respect to the contract, or the effective date specified in the contract, whichever is later.

(1A) Conflicting interest transactions for public charter schools.—

(A) In general.— As of October 8, 2016, and notwithstanding any other provision of law, a contract or transaction between a public charter school and any of the following shall constitute a conflict of interest:

(i) An individual who is a founder of the public charter school, or who is a current or former trustee, director, member, member of a designated body, officer, or key leader of the public charter school;

(ii) A family member of any of the individuals identified in sub-subparagraph (i) of this subparagraph;

(iii) An entity identified as submitting a petition to establish the public charter school pursuant to § 38-1802.02(13);

(iv) An entity in which an individual identified in sub-subparagraph (i) of this subparagraph serves as a member of the board of directors or has a financial interest; or

(v) An entity in which a family member of an individual identified in sub-subparagraph (i) of this subparagraph serves as a member of the board of directors or has a financial interest.

(B) Voidability.— A contract or transaction described in subparagraph (A) of this paragraph shall be void or voidable unless the following conditions are satisfied:

(i) The material facts as to the conflicting relationship or interest and as to the contract or transaction are known or disclosed to the Board of Trustees before the meeting at which the contract or transaction is authorized;

(ii) The Board of Trustees authorizes the contract or transaction in good faith by an affirmative vote of a majority of disinterested trustees; and

(iii) The contract or transaction is fair to the public charter school as of the time it is authorized.

(C) Quorum at meetings to authorize conflicting interest transactions.— Common or interested trustees may be counted in determining the presence of a quorum at a meeting of the trustees at which a contract or transaction described in subparagraph (A) of this paragraph is authorized.

(D) Record of vote on conflicting interest transactions.— The minutes of the meeting at which a conflicting interest contract or transaction is authorized shall reflect:

(i) The material facts as to the conflicting relationship or interest and as to the contract or transaction; and

(ii) The identity and vote of each disinterested trustee who voted.

(E) Reporting of conflicting interest transactions.— The Board of Trustees shall report any conflicting interest contract or transaction it authorizes to the Public Charter School Board within 3 days of authorization.

(F) Fiscal mismanagement. — An eligible chartering authority may consider a public charter school's failure to comply with this paragraph to be fiscal mismanagement.

(G) Definitions.— For the purposes of this paragraph, the term:

(i) "Family member" means an individual who is legally or biologically related to another individual, or an individual who is legally or biologically related to the spouse or domestic partner of another individual.

(ii) "Founder" means an individual identified in a petition to establish a public charter school pursuant to § 38-1802.02(13).

(iii) "Key leader" means an individual holding any administrative, financial, operations, legal, or executive position at a public charter school as identified in the public charter school's charter agreement.

(iv) "Designated body", "Director", "Member", and "Officer" shall have the same meanings as provided in § 29-401.02(8), (9), (24), and (29), respectively.

(2) Tuition, fees, and payments. —

(A) Prohibition. — A public charter school may not, with respect to any student other than a nonresident student, charge tuition, impose fees, or otherwise require payment for participation in any program, educational offering, or activity that:

(i) Enrolls students in any grade from kindergarten through grade 12; or

(ii) Is funded in whole or part through an annual local appropriation.

(B) Exception. — A public charter school may impose fees or otherwise require payment, at rates established by the Board of Trustees of the school, for any program, educational offering, or activity not described in subsubparagraph (i) or (ii) of subparagraph (A), including adult education programs, or for field trips or similar activities.

(3) Control. — A public charter school:

(A) Shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this subchapter; and

(B) Shall be exempt from District of Columbia statutes, policies, rules, and regulations established for the District of Columbia public schools by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in the school’s charter or this subchapter.

(4) Health and safety. —

(A) A public charter school shall maintain the health and safety of all students attending such school.

(B) A public charter school shall submit, before September 16 of each year, a report to the chartering authority and, in a control year to the Authority a report that documents that the charter school’s facilities comply with the applicable health and safety laws and regulations of the federal government and the District of Columbia, including the District of Columbia Fire Prevention Code and § 38-825.01a. The report shall be open to public inspection and available upon request. A public charter school shall, within 10 business days of submitting the report, publish the report on the public charter school's website or on the website of the public charter school's local education agency, and transmit the report to DGS for publication on DGS's website.

(5) Civil rights and idea. — The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), § 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), shall apply to a public charter school.

(6) Governance. — A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school and the provisions of this subchapter.

(7) Other staff. — No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school.

(8) Other students. — No student enrolled in a District of Columbia public school, may be required to attend a public charter school; provided, that this paragraph shall not apply to students with special needs.

(9) Taxes or bonds. — A public charter school shall not levy taxes or issue bonds.

(10) Charter revision. — A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file the petition with the eligible chartering authority that granted the charter. The provisions of § 38-1802.03 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school.

(11) Annual report. —

(A) In general. — A public charter school shall submit an annual report to the eligible chartering authority that approved its charter. The school shall permit a member of the public to review any such report upon request.

(B) Contents. — A report submitted under subparagraph (A) of this paragraph shall include the following data:

(i) A report on the extent to which the school is meeting its mission and goals as stated in the petition for the charter school;

(ii) Student performance on any districtwide assessments;

(iii) Grade advancement for students enrolled in the public charter school;

(iv) Graduation rates, college admission test scores, and college admission rates, if applicable;

(v) Types and amounts of parental involvement;

(vi) Official student enrollment;

(vii) Average daily attendance;

(viii) Average daily membership;

(ix) For the fiscal year 2005 annual financial audit and subsequent fiscal year annual financial audits, a financial statement audited by an independent certified public accountant or accounting firm, who, notwithstanding any other provision of this chapter, shall be selected from an approved list developed by a committee of 2 representatives each from the District of Columbia Public Charter School Board, the District of Columbia Board of Education Charter School Board, and the District of Columbia Chief Financial Officer, in accordance with Government auditing standards for financial audits issued by the Comptroller General of the United States, pursuant to the April 8, 2005 memorandum of understanding between the District of Columbia Chartering Authorities and the District of Columbia Chief Financial Officer, as amended;

(x) A report on school staff indicating the qualifications and responsibilities of such staff; and

(xi) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal to or exceeding $500 during the year that is the subject of the report.

(C) Nonidentifying data. — Data described in sub-subparagraphs (i) through (ix) of subparagraph (B) of this paragraph that are included in an annual report shall not identify the individuals to whom the data pertain.

(12) Census. — A public charter school shall provide to the Board of Education student enrollment data necessary for the Board of Education to comply with § 38-204.

(13) Complaint resolution process. — A public charter school shall establish an informal complaint resolution process.

(14) Program of education. — A public charter school shall provide a program of education which shall include one or more of the following:

(A) Preschool;

(B) Prekindergarten;

(C) Any grade or grades from kindergarten through grade 12;

(D) Residential education; or

(E) Adult, community, continuing, and vocational education programs.

(14A) A public charter school's program of education shall incorporate and comply with the requirements of Chapter 25D of this title.

(15) Nonsectarian nature of schools. — A public charter school shall be nonsectarian and shall not be affiliated with a sectarian school or religious institution.

(16) Nonprofit status of school. — A public charter school shall be organized under Chapter 4 of Title 29 and its sole purpose shall be the operation of the public charter school.

(17) Immunity from civil liability. —

(A) In general. — A public charter school, and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission:

(i) Constitutes gross negligence;

(ii) Constitutes an intentional tort; or

(iii) Is criminal in nature.

(B) Common law immunity preserved. — Subparagraph (A) of this paragraph shall not be construed to abrogate any immunity under common law of a person described in such subparagraph.

(18) Licensing as child development center. — A public charter school which offers a preschool or prekindergarten program shall be subject to the same child care licensing requirements (if any) which apply to a District of Columbia public school which offers such a program.

(19) Participation in education data warehouse. — A public charter school shall participate in the longitudinal education data warehouse system established by the Office of the State Superintendent of Education and shall provide data to the OSSE upon request.

(20) Cooperation with the Office of Ombudsman for Public Education. — A public charter school shall cooperate with the Office of Ombudsman for Public Education and shall comply with the disclosure protections of Chapter 3A of this title [§ 38-351 et seq.].

(21) Distribution of funds. — Funds that have not been provided for in an approved financial plan shall not be distributed to any public charter school.

(22) School management contracts.— A public charter school may procure the services of a school management organization; provided, that it complies with subparagraphs (A) and (B) of this paragraph.

(A) A public charter school shall submit a proposed agreement containing the provision described in subparagraph (B) of this paragraph in a petition to establish a public charter school, a petition to revise its charter, or an application to renew its charter to the eligible chartering authority for review, and it shall submit the executed agreement to the eligible chartering authority within 30 days of receiving approval of its petition or application.

(B)(i) Any executed agreement for services between a public charter school and a school management organization shall include a provision whereby the school management organization agrees, under the following circumstances, to provide to the public charter school for production to the eligible chartering authority books, records, papers, and documents related to services the school management organization provided or has agreed to provide to the public charter school:

(I) The public charter school requests such records from the school management organization; and either

(II) The annual fee the public charter school agrees to pay to the school management organization or any of its related entities, as defined by section 201(h)(4)(B)-(C) of the Economic Recovery Tax Act of 1981, approved August 13, 1981 (95 Stat. 218; 26 U.S.C. § 168(h)(4)(B)-(C)), is equal to or exceeds 20% of the school's annual revenue; or

(III) The annual revenue the school management organization expects to derive from District public charter schools will exceed 25% of the school management organization's projected total annual revenue.

(ii) The school management organization shall have the burden of producing records to demonstrate that it does not expect the revenue it derives from District public charter schools to exceed 25% of its projected total annual revenue.

(C) Fiscal mismanagement. — An eligible chartering authority may consider a public charter school's failure to comply with subparagraphs (A) or (B) of this paragraph as fiscal mismanagement; provided, that an eligible chartering authority shall not consider a public charter school to be out of compliance with this paragraph if the public charter school has submitted a petition or application that complies with subparagraph (A) of this paragraph within 180 days of October 8, 2016.

(23) School expenditures and budgets. —

(A) By March 31, 2024, and annually thereafter, the Board of Trustees of each public charter school shall prepare and submit to OSSE, for each campus under its control, actual expenditure data for the prior school year.

(B) Beginning July 29, 2022, and annually thereafter, the Board of Trustees of each public charter school shall prepare and submit to the Public Charter School Board, for each campus under its control, the current school year's budget and a draft budget for the following school year.

(C) The data submitted pursuant to subparagraphs (A) and (B) of this paragraph shall conform to the common financial reporting standards established by the Department of Education pursuant to § 38-191(b)(10).

(D) The Public Charter School Board shall electronically publish the data it receives pursuant to subparagraph (B) of this paragraph in a uniform manner for each school by November 1 of each year.

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§ 38–1802.05. Board of Trustees of a public charter school.

(a) Board of Trustees. — The members of a Board of Trustees of a public charter school shall be elected or selected pursuant to the charter granted to the school. Such Board of Trustees shall have an odd number of members that does not exceed 15, of which:

(1) A majority shall be residents of the District of Columbia; and

(2) At least 2 shall be parents of a student attending the school.

(b) Eligibility. — An individual is eligible for election or selection to the Board of Trustees of a public charter school if the person:

(1) Is a teacher or staff member who is employed at the school;

(2) Is a parent of a student attending the school; or

(3) Meets the election or selection criteria set forth in the charter granted to the school.

(c) Election or selection of parents. — In the case of the first Board of Trustees of a public charter school to be elected or selected after the date on which the school is granted a charter, the election or selection of the members under subsection (a)(2) of this section shall occur on the earliest practicable date after classes at the school have commenced. Until such date, any other members who have been elected or selected shall serve as an interim Board of Trustees. Such an interim Board of Trustees may exercise all of the powers, and shall be subject to all of the duties, of a Board of Trustees.

(d) Fiduciaries. — The Board of Trustees of a public charter school shall be fiduciaries of the school and shall set overall policy for the school. The Board of Trustees may make final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this subchapter, and other applicable law.

(e) Open meetings. — All meetings of a Board of Trustees shall be subject to the requirements of subchapter IV of Chapter 5 of Title 2.

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§ 38–1802.06. Student admission, enrollment, and withdrawal.

(a) Open enrollment. — Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e) of this section.

(b) Criteria for admission. — A public charter school may not limit enrollment on the basis of a student’s race, color, religion, national origin, language spoken, intellectual or athletic ability, measures of achievement or aptitude, or status as a student with special needs. A public charter school may limit enrollment to specific grade levels.

(c) Random selection. — If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted using a random selection process; except, that a preference in admission may be given to an applicant who is a:

(1) Sibling or child of a student already attending or selected for admission to the public charter school in which the applicant is seeking enrollment;

(2) Child of a member of the public charter school’s founding board; provided, that enrollment of such children is limited to no more than 10% of the school’s total enrollment or to 20 students, whichever is less; and

(3) Child of a full-time employee of the public charter school who is a District resident; provided, that enrollment of such children is limited to no more than 10% of the school’s total enrollment.

(c-1) Random selection special education. —

(1) If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted in accordance with subsection (c) of this section; provided, that with the prior approval of the Public Charter School Board, a preference in admission may also be given to an applicant with an IEP or an applicant in a disability category pursuant to IDEA, in order to facilitate the planning, development, and maintenance of high quality special education programs in the District of Columbia.

(2) A public charter school seeking to establish a preference for admission under this subsection shall apply to the Public Charter School Board no later than July 1 of the year before the proposed effective date of the lottery preference.

(3) In reviewing an application by a public charter school to establish a preference for admission under this subsection, the Public Charter School Board shall ensure that the proposed preference will increase educational opportunities for, and not adversely impact, students with disabilities.

(4) In approving an application by a public charter school to establish a preference for admission under this subsection, the Public Charter School Board shall make publicly available a written document that specifies the preference established and the reasons for granting the preference.

(c-2) Authorization of a preference for children of active duty members of the United States Armed Forces. —

(1) The Public Charter School Board ("PCSB") shall have the authority to approve a petition or application for a public charter school that gives a preference for admission to children of active duty members of the United States Armed Forces; provided, that PCSB may not permit more than one public charter school with such a preference to operate at the same time.

(2) A public charter school seeking to establish a preference for admission under this subsection shall:

(A) Request the preference for admission in a petition for approval filed pursuant to § 38-1802.01, an application for renewal filed pursuant to § 38-1802.12, or in a manner otherwise provided by PCSB; and

(B) Be located in the same ward as a United States military base.

(3) In reviewing an application submitted pursuant to paragraph (2) of this subsection, PCSB shall consider whether granting the preference provided under this subsection is consistent with the mission, goals, and instructional methods of the petitioner or applicant and the need for the proposed school in the geographic area of the school site.

(4) A preference approved under this subsection shall apply to no more than half of the public charter school’s seats.

(5) This subsection shall not limit the ability of a school that establishes a preference for admission under this subsection to participate in a common lottery system established pursuant to § 38-194.

(c-3) Authorization of a preference for at-risk students. —

(1) Beginning with School Year 2022-2023, a public charter school may give a preference for admission to students who are at-risk, with prior approval from the PCSB.

(2) A preference approved under this subsection shall remain in force for 5 school years and may be renewed an unlimited number of times, each time for a 5-year period, with prior approval from the PCSB.

(3) Notwithstanding paragraph (2) of this subsection, after an admissions preference for students who are at-risk has been in place at a public charter school for at least 2 school years, the public charter school may seek approval from the PCSB to discontinue the preference.

(4) Upon approving or denying the establishment, renewal, or discontinuation of an admissions preference for students who are at-risk, the PCSB shall make publicly available a written document that specifies the rationale for its decision.

(5) For the purposes of this subsection, the term "at-risk" shall have the same meaning as provided in § 38-2901(2A).

(d) Admission to an existing school. —

(1) A District of Columbia public school that has been approved to be converted to a charter school under § 38-1802.01 shall give priority in enrollment to:

(A) Students enrolled in the school at the time the petition is granted;

(B) The siblings of students described in subparagraph (A) of this paragraph; and

(C) Students who reside within the attendance boundaries, if any, in which the school is located.

(2) A private or independent school that has been approved to be converted to a charter school under § 38-1802.01 may give priority in enrollment to the persons described in paragraph (1)(A) and (1)(B) of this subsection for a period of 5 years, beginning on the date its petition is approved.

(e) Nonresident students. — Nonresident students shall pay tuition to attend a public charter school at the applicable rate established for District of Columbia public schools administered by the Board of Education for the type of program in which the student is enrolled.

(f) Student withdrawal. — A student may withdraw from a public charter school at any time and, if otherwise eligible, enroll in a District of Columbia public school administered by the Board of Education.

(g) Expulsion and suspension. –

(1) A public charter school shall comply with §§ 38-236.03 through 38-236.05.

(2) The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school, consistent with §§ 38-236.04, 38-236.05, and 38-273.03.

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§ 38–1802.07. Employees.

(a) Extended leave of absence without pay. —

(1) Leave of absence from District of Columbia public schools. — The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an employee of the District of Columbia public schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term.

(2) Request for extension. — At the end of a 2-year term referred to in paragraph (1) of this subsection, an employee granted an extended leave of absence without pay under such paragraph may submit a request to the Superintendent for an extension of the leave of absence for an unlimited number of 2-year terms. The Superintendent may not unreasonably (as determined by the eligible chartering authority) withhold approval of the request.

(3) Rights upon termination of leave. — An employee granted an extended leave of absence without pay for the purpose described in paragraph (1) or (2) of this subsection shall have the same rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public schools who is granted an extended leave of absence without pay for any other purpose.

(b) Retirement System. —

(1) Creditable service. — An employee of a public charter school who has received a leave of absence under subsection (a) of this section shall receive creditable service, as defined in § 1-626.04 and the rules established under such section, for the period of the employee’s employment at the public charter school.

(2) Authority to establish separate system. — A public charter school may establish a retirement system for employees under its authority.

(3) Election of retirement system. — A former employee of the District of Columbia public schools who becomes an employee of a public charter school within 60 days after the date the employee’s employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter school, elect:

(A) To remain in a District of Columbia Government retirement system and continue to receive creditable service for the period of their employment at a public charter school; or

(B) To transfer into a retirement system established by the public charter school pursuant to paragraph (2) of this subsection.

(4) Prohibited employment conditions. — No public charter school may require a former employee of the District of Columbia public schools to transfer to the public charter school’s retirement system as a condition of employment.

(5) Contributions. —

(A) Employees electing not to transfer. — In the case of a former employee of the District of Columbia public school who elects to remain in a District of Columbia Government retirement system pursuant to paragraph (3)(A) of this subsection the public charter school that employs the person shall make the same contribution to such system on behalf of the person as the District of Columbia would have been required to make if the person had continued to be an employee of the District of Columbia public schools.

(B) Employees electing to transfer. — In the case of a former employee of the District of Columbia public schools who elects to transfer into a retirement system of a public charter school pursuant to paragraph (3)(B) of this subsection, the applicable District of Columbia Government retirement system from which the former employee is transferring shall compute the employee’s contribution to that system and transfer this amount, to the retirement system of the public charter school.

(c) Employment status. — Notwithstanding any other provision of law and except as provided in this section, an employee of a public charter school shall not be considered to be an employee of the District of Columbia Government for any purpose.

(d) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within a public charter school unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit 8 proofs of residency upon employment in the manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of such residency annually to the director of personnel of the public charter school for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The public charter school shall submit to the Board annual reports detailing the names of all new employees and their pay schedules, titles, and place of resident.

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§ 38–1802.08. Reduced fares for public transportation.

A student attending a public charter school shall be eligible for reduced fares on the Metrobus and Metrorail Transit System on the same terms and conditions as are applicable under subchapter II of Chapter 2 of Title 35, to a student attending a District of Columbia public school.

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§ 38–1802.09. District of Columbia public school services to public charter schools.

(a) In general. — The Office of Public Education Facilities Modernization may provide services, such as facilities maintenance, to public charter schools. All compensation for costs of such services shall be subject to negotiation and mutual agreement between a public charter school and the Office of Public Education Facilities Modernization.

(b) Preference in leasing or purchasing public school facilities. —

(1) Current and former public school properties. —

(A) In general. —

(i) Notwithstanding any other provision of law, regulation, or order, the Mayor shall give the right of first offer to purchase, lease, or otherwise use an excess school facility to an eligible entity.

(ii) In selecting an eligible entity for the purchase, lease, or use of an excess school facility, the Mayor shall give:

(I) First preference to an existing tenant that is a public charter school that has occupied all, or substantially all, of the facility or property;

(II) Second preference to a public charter school that the Public Charter School Board has determined to be high-performing and financially sound; and

(III) Third preference to any other eligible entity.

(B) Repealed.

(B-i) Existing tenants. -- For the purposes of this paragraph, an existing tenant of an excess school facility, other than an eligible entity, shall be deemed to be an eligible entity and given the same preference as an eligible entity under subparagraph (A)(ii)(II) of this paragraph if:

(i) The existing tenant is a nonprofit elementary or secondary school incorporated in the District or a community-based, nonprofit arts education organization incorporated in the District, whose programming includes youth classes; and

(ii) The existing tenant has continuously occupied all or substantially all of the excess school facility or property since December 30, 2008.

(B-ii) Notwithstanding subparagraph (A) of this paragraph, the Mayor may give the right of first offer to purchase, lease, or otherwise use the former Wilkinson Elementary School building to:

(I) A charter school facility incubator that leased the former Birney Elementary School Building as of October 1, 2020; or

(II) A public charter school that occupied all, or a portion of, the former Birney Elementary School building as of October 1, 2020.

(C) Terms of purchase or lease. — The terms of purchase or lease of an excess school facility shall:

(i) Be negotiated by the Mayor in accordance with terms and conditions set forth in regulations;

(ii) Include rent or an acquisition price, whichever is applicable, that is equal to the appraised value of the excess school facility based on use of the property for school purposes; provided, that the Mayor may provide credits against the rental price, including a credit based on capital improvements made to the facility by the lessee, based upon a schedule of credits as set forth in regulations; and

(iii) Include a lease period, if the excess school facility is to be leased, of not less than 25 years, and renewable for additional 25-year periods; provided, that a lease involving a co-location agreement may include a lease or renewal period of less than 25 years.

(D) Disposition of an excess school facility. —

(i) Within 6 months of a school facility being designated as excess pursuant to §  38-2803(e), the Mayor shall make the facility available pursuant to this paragraph.

(ii) The Mayor may, at any time, determine any other school facility to be excess and make it available pursuant to this paragraph.

(iii) The Mayor may offer an excess school facility to an entity other than an eligible entity only if the following conditions have been met:

(I) The Mayor provided eligible entities with a right of first offer for the excess school facility pursuant to subparagraph (A) of this paragraph and no eligible entity was selected; and

(II) The Mayor provided eligible entities an opportunity to submit unsolicited proposals for the purchase or lease of the excess school facility.

(iv) The submission period for unsolicited proposals shall begin 30 days after the submission deadline in the right of first offer made pursuant to subparagraph (A) of this paragraph for the particular excess school facility and shall remain open for 12 months or until an eligible entity is selected, whichever occurs first. For purposes of reviewing the unsolicited proposals, the Mayor shall use the same evaluation criteria as set forth in the original right of first offer made pursuant to subparagraph (A) of this paragraph for the particular excess school facility.

(v) Nothing in this section shall prohibit the Mayor from utilizing an excess school facility for another government use while the property is being offered to eligible entities as required by this chapter: provided, that the use does not interfere with the right of first offer as set forth in this section.

(E) Reclamation of an excess school facility. —

(i) The Chancellor may, at any time, make a request to the Mayor based on the need for additional space as a result of projected enrollment increases to reclaim an excess school facility that has not yet been transferred pursuant to this subsection.

(ii) The Mayor shall approve the Chancellor’s request only if the Chancellor has explained with particularity to the Mayor’s satisfaction the need for DCPS to reclaim the excess school facility. The request and the approval, or disapproval, shall be in writing and made publicly available on the Mayor’s website.

(F) Applicability of existing rules and regulations. — The rules and regulations in place on June 21, 2014, shall continue to apply to an eligible applicant that has applied to purchase, lease, transfer, or use a school facility before June 21, 2014.

(2) Repealed.

(3) Conversion public charter schools. — Any District of Columbia public school that was approved to become a conversion public charter school under § 38-1802.01 before October 18, 2004, or is approved to become a conversion public charter school after October 18, 2004, shall have the right to exclusively occupy the facilities the school occupied as a District of Columbia public school under a lease for a period of not less than 25 years, renewable for additional 25-year periods as long as the school maintains its charter at the appraised value of the property based on use of the property for school purposes.

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§ 38–1802.10. Application of law.

(a) Elementary and Secondary Education Act of 1965. —

(1) Treatment as local educational agency. —

(A) In general. — For any fiscal year, a public charter school shall be considered to be a local educational agency for purposes of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), and shall be eligible for assistance under such part, if the fraction the numerator of which is the number of low-income students enrolled in the public charter school during the fiscal year preceding the fiscal year for which the determination is made and the denominator of which is the total number of students enrolled in such public charter school for such preceding year, is equal to or greater than the lowest fraction determined for any District of Columbia public school receiving assistance under such part A where the numerator is the number of low-income students enrolled in such public school for such preceding year and the denominator is the total number of students enrolled in such public school for such preceding year.

(B) Definition. — For the purposes of this subsection, the term “low-income student” means a student from a low-income family determined according to the measure adopted by the District of Columbia to carry out the provisions of part A of title I of the Elementary and Secondary Education Act of 1965 that is consistent with the measures described in § 1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the fiscal year for which the determination is made.

(2) Allocation for fiscal years 1996 through 1998. —

(A) Public charter schools. — For fiscal years 1996 through 1998, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the District of Columbia’s total allocation under such part which bears the same ratio to such total allocation as the number described in subparagraph (C) of this paragraph bears to the number described in subparagraph (D) of this paragraph.

(B) District of Columbia public schools. — For fiscal years 1996 through 1998, the District of Columbia public schools shall receive a portion of the District of Columbia’s total allocation under part A of title I of the Elementary and Secondary Education Act of 1965 which bears the same ratio to such total allocation as the total of the numbers described in subsubparagraphs (ii) and (iii) of subparagraph (D) bears to the aggregate total described in subparagraph (D) of this paragraph.

(C) Number of eligible students enrolled in the public charter school. — The number described in this subparagraph is the number of low-income students enrolled in the public charter school during the fiscal year preceding the fiscal year for which the determination is made.

(D) Aggregate number of eligible students. — The number described in this subparagraph is the aggregate total of the following numbers:

(i) The number of low-income students who, during the fiscal year preceding the fiscal year for which the determination is made, were enrolled in a public charter school.

(ii) The number of low-income students who, during the fiscal year preceding the fiscal year for which the determination is made, were enrolled in a District of Columbia public school selected to provide services under part A of title I of the Elementary and Secondary Education Act of 1965; and

(iii) The number of low-income students who, during the fiscal year preceding the fiscal year for which the determination is made:

(I) Were enrolled in a private or independent school; and

(II) Resided in an attendance area of a District of Columbia public school selected to provide services under part A of title I of the Elementary and Secondary Education Act of 1965.

(3) Allocation for fiscal year 1999 and thereafter. —

(A) Calculation by Secretary. — Notwithstanding §§ 1124(a)(2), 1124A(a)(4), and 1125(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. §§ 6333(a)(2), 6334(a)(4), and 6335(d)), for fiscal year 1999 and each fiscal year thereafter, the total allocation under part A of title I of such Act for all local educational agencies in the District of Columbia, including public charter schools that are eligible to receive assistance under such part, shall be calculated by the Secretary of Education. In making such calculation, such Secretary shall treat all such local educational agencies as if such agencies were a single local educational agency for the District of Columbia.

(B) Allocation. —

(i) Public charter schools. — For fiscal year 1999 and each fiscal year thereafter, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the total allocation calculated under subparagraph (A) of this paragraph which bears the same ratio to such total allocation as the number described in paragraph (2)(C) of this subsection bears to the aggregate total described in paragraph (2)(D) of this subsection.

(ii) District of Columbia public school. — For fiscal year 1999 and each fiscal year thereafter, the District of Columbia public schools shall receive a portion of the total allocation calculated under subparagraph (A) of this paragraph which bears the same ratio to such total allocation as the total of the numbers described in subsubparagraphs (ii) and (iii) of paragraph (2)(D) of this subsection bears to the aggregate total described in paragraph (2)(D) of this subsection.

(4) Use of ESEA funds. — The Board of Education may not direct a public charter school in the school’s use of funds under part A of title I of the Elementary and Secondary Education Act of 1965.

(5) ESEA requirements. — Except as provided in paragraph (6) of this subsection, a public charter school receiving funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall comply with all requirements applicable to schools receiving such funds.

(6) Inapplicability of certain ESEA provisions. — The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school:

(A) Paragraph (4) of section 1112(b) and paragraph (1) of section 1112(c) [20 U.S.C. § 6312(b)(4) and (c)(1)].

(B) Section 1113 [20 U.S.C. § 6313].

(C) Subsections (d) and (e) of section 1116 [20 U.S.C. § 6316(d) and (e)].

(D) Section 1117 [20 U.S.C. § 6317].

(E) Subsections (c) and (e) of section 1118 [20 U.S.C. § 6318(c) and (e)].

(b) Property and sales taxes. — A public charter school shall be exempt from District of Columbia property and sales taxes.

(c) Education of children with disabilities. — By August 1, 2017, each public charter school shall be its own local educational agency for the purpose of Part B of IDEA and section 504 of the Rehabilitation Act (29 U.S.C. § 794); provided, that the Public Charter School Board may, in its discretion, waive application of this subsection to allow a currently existing public charter school with more than 90% of its students entitled to receive services pursuant to an individualized educational program to continue to be a District of Columbia public school for the purposes of Part B of IDEA and section 504 of the Rehabilitation Act (29 U.S.C. § 794).

(c-1) [Education of children with disabilities in charter schools]. — No newly approved public charter school shall elect to be treated as a District of Columbia public school for the purpose of Part B of IDEA and section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794).

(d) Waiver of application of duplicate and conflicting provisions. — Notwithstanding any other provision of law, and except as otherwise provided in this chapter, no provision of any law regarding the establishment, administration, or operation of public charter schools in the District of Columbia shall apply with respect to a public charter school or an eligible chartering authority to the extent that the provision duplicates or is inconsistent with any provision of this chapter.

(e) Participation in GSA programs. —

(1) In general. — Notwithstanding any provision of this chapter or any other provision of law, a public charter school may acquire goods and services through the General Services Administration and may participate in programs of the Administration in the same manner and to the same extent as any entity of the District of Columbia government.

(2) Participation by certain organizations. — A public charter school may delegate to a nonprofit, tax-exempt organization in the District of Columbia the public charter school’s authority under paragraph (1) of this subsection.

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§ 38–1802.11. Powers and duties of eligible chartering authorities.

(a) Oversight. —

(1) In general. — An eligible chartering authority:

(A) Shall monitor the operations of each public charter school to which the eligible chartering authority has granted a charter;

(B) Shall ensure that each such school complies with applicable laws and the provisions of the charter granted to such school;

(C) Shall monitor the progress of each such school in meeting student academic achievement expectations specified in the charter granted to such school.

(D) Shall ensure that each public charter school complies with the annual reporting requirement of § 38-1802.04(c)(11), including submission of the audited financial statement required by § 38-1802.04(c)(11)(B)(ix).

(2) Production of books and records. — An eligible chartering authority may require a public charter school to which the eligible chartering authority has granted a charter to produce any book, record, paper, or document, if the eligible chartering authority determines that such production is necessary for the eligible chartering authority to carry out its functions under this subchapter.

(b) Fees. —

(1) Application fee. — An eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to establish a public charter school.

(2) Administration fee. — In the case of an eligible chartering authority that has granted a charter to a public charter school, the eligible chartering authority may charge the school a fee, not to exceed 1% of the annual budget of the school, to cover the cost of undertaking the ongoing administrative responsibilities of the eligible chartering authority with respect to the school that are described in this subchapter. The school shall pay the fee to the eligible chartering authority not later than November 15 of each year.

(c) Immunity from civil liability. —

(1) In general. — An eligible chartering authority, the Board of Trustees of such an eligible chartering authority, and a director, officer, employee, or volunteer of such an eligible chartering authority, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission:

(A) Constitutes gross negligence;

(B) Constitutes an intentional tort; or

(C) Is criminal in nature.

(2) Common law immunity preserved. — Paragraph (1) of this subsection shall not be construed to abrogate any immunity under common law of a person described in such paragraph.

(d) Annual report. — On or before July 30 of each year, each eligible chartering authority that issues a charter under this subchapter shall submit a report to the Mayor, the District of Columbia Council, the Board of Education, the Secretary of Education, the appropriate congressional committees, and the Consensus Commission that includes the following information:

(1) A list of the members of the eligible chartering authority and the addresses of such members;

(2) A list of the dates and places of each meeting of the eligible chartering authority during the year preceding the report;

(3) The number of petitions received by the eligible chartering authority for the conversion of a District of Columbia public school or a private or independent school to a public charter school, and for the creation of a new school as a public charter school;

(4) The number of petitions described in paragraph (3) of this subsection that were approved and the number that were denied, as well as a summary of the reasons for which such petitions were denied;

(5) A description of any new charters issued by the eligible chartering authority during the year preceding the report;

(6) A description of any charters renewed by the eligible chartering authority during the year preceding the report;

(7) A description of any charters revoked by the eligible chartering authority during the year preceding the report;

(8) A description of any charters refused renewal by the eligible chartering authority during the year preceding the report;

(9) Any recommendations the eligible chartering authority has concerning ways to improve the administration of public charter schools;

(10) Details of major Board actions;

(11) Major findings from school reviews of academic, financial, and compliance with health and safety standards and resulting Board action or recommendations;

(12) Details of the fifth year review process and outcomes;

(13) Summary of annual financial audits of all charter schools, including:

(A) The number of schools that failed to timely submit the audited financial statement required by that section;

(B) The number of schools whose audits revealed a failure to follow required accounting practices or other material deficiencies; and

(C) The steps taken by the authority to ensure that deficiencies found by the audits are rectified;

(14) Number of schools which have required intervention by authorizing board to address any academic or operational issue;

(15) What recommendations an authorizing board has made to correct identified deficiencies.

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§ 38–1802.12. Charter renewal.

(a) Terms. —

(1) Initial term. — A charter granted to a public charter school shall remain in force for a 15-year period.

(2) Renewals. — A charter may be renewed for an unlimited number of times, each time for a 15-year period.

(3) Review. — An eligible chartering authority that grants or renews a charter pursuant to paragraph (1) or (2) of this subsection shall review the charter at least once every 5 years to determine whether the charter should be revoked for the reasons described in § 38-1802.13(a) or (b), in accordance with the procedures for revocation established under § 38-1802.13.

(b) Application for charter renewal. — In the case of a public charter school that desires to renew its charter, the Board of Trustees of the school shall file an application to renew the charter with the eligible chartering authority that granted the charter not later than 120 days nor earlier than 365 days before the expiration of the charter. The application shall contain the following:

(1) A report on the progress of the public charter school in achieving the goals, student academic achievement expectations, and other terms of the approved charter;

(2) All audited financial statements for the public charter school for the preceding 4 years; and

(3) The articles of incorporation and bylaws of the nonprofit corporation operating the charter school, which shall contain provisions satisfying the requirements of § 38-1802.13a.

(c) Approval of charter renewal application. — The eligible chartering authority that granted a charter shall approve an application to renew the charter that is filed in accordance with subsection (b) of this section, except that the eligible chartering authority shall not approve such application if the eligible chartering authority determines that:

(1) The school committed a material violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in its charter, including violations relating to the education of children with disabilities; or

(2) The school failed to meet the goals and student academic achievement expectations set forth in its charter.

(d) Procedures for consideration of charter renewal. —

(1) Notice of right to hearing. — An eligible chartering authority that has received an application to renew a charter that is filed by a Board of Trustees in accordance with subsection (b) of this section shall provide to the Board of Trustees written notice of the right to an informal hearing on the application. The eligible chartering authority shall provide the notice not later than 15 days after the date on which the eligible chartering authority received the application.

(2) Request for hearing. — Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1) of this subsection, the Board of Trustees may request, in writing, an informal hearing on the application before the eligible chartering authority.

(3) Date and time of hearing. —

(A) Notice. — Upon receiving a timely written request for a hearing under paragraph (2) of this subsection, an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board of Trustees.

(B) Deadline. — An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2) of this subsection.

(4) Final decision. —

(A) Deadline. — An eligible chartering authority shall render a final decision, in writing, on an application to renew a charter:

(i) Not later than 30 days after the date on which the eligible chartering authority provided the written notice of the right to a hearing, in the case of an application with respect to which such a hearing is not held; and

(ii) Not later than 30 days after the date on which the hearing is concluded, in the case of an application with respect to which a hearing is held.

(B) Reasons for nonrenewal. — An eligible chartering authority that denies an application to renew a charter shall state in its decision the reasons for denial.

(5) Alternatives upon nonrenewal. — If an eligible chartering authority denies an application to renew a charter granted to a public charter school, the eligible chartering authority may:

(A) Manage the school directly until alternative arrangements can be made for students at the school;

(B) Place the school in a probationary status that requires the school to take remedial actions, to be determined by the eligible chartering authority, that directly relate to the grounds for the denial; or

(C) Impose such interim conditions as it determines reasonably necessary to safeguard public funds, ensure positive outcomes for students, or provide for efficient dissolution and asset distribution pursuant to § 38-1802.13a.

(6) Judicial review. — A decision by an eligible chartering authority to deny an application to renew a charter shall be subject to judicial review by an appropriate court of the District of Columbia.

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§ 38–1802.13. Charter revocation.

(a) Charter or law violations; failure to meet goals. — Using the record established by the eligible chartering authority, an eligible chartering authority that has granted a charter to a public charter school may revoke the charter if the eligible chartering authority determines that the school:

(1) Committed a violation of applicable law or a material violation of the conditions, terms, standards, or procedures set forth in the charter, including violations relating to the education of children with disabilities; or

(2) Has failed to meet the goals and student academic achievement expectations set forth in the charter.

(b) Fiscal mismanagement. — An eligible chartering authority that has granted a charter to a public charter school shall revoke the charter if the eligible chartering authority determines that the school:

(1) Has engaged in a pattern of nonadherence to generally accepted accounting principles;

(2) Has engaged in a pattern of fiscal mismanagement; or

(3) Is no longer economically viable.

(c) Procedures for consideration of revocation. —

(1) Notice of right to hearing. — An eligible chartering authority that is proposing to revoke a charter granted to a public charter school shall provide to the Board of Trustees of the school a written notice stating the reasons for the proposed revocation. The notice shall inform the Board of Trustees of the right of the Board of Trustees to an informal hearing on the proposed revocation.

(2) Request for hearing. — Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1) of this subsection, the Board of Trustees may request, in writing, an informal hearing on the proposed revocation before the eligible chartering authority.

(3) Date and time of hearing. —

(A) Notice. — Upon receiving a timely written request for a hearing under paragraph (2) of this subsection, an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board of Trustees.

(B) Deadline. — An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2) of this subsection.

(4) Final decision. —

(A) Deadline. — An eligible chartering authority shall render a final decision, in writing, on the revocation of a charter:

(i) Not later than 30 days after the date on which the eligible chartering authority provided the written notice of the right to a hearing, in the case of a proposed revocation with respect to which such a hearing is not held; and

(ii) Not later than 30 days after the date on which the hearing is concluded, in the case of a proposed revocation with respect to which a hearing is held.

(B) Reasons for revocation. — An eligible chartering authority that revokes a charter shall state in its decision the reasons for the revocation.

(5) Alternatives upon revocation. — If an eligible chartering authority revokes a charter granted to a public charter school, the eligible chartering authority may:

(A) Manage the school directly until alternative arrangements can be made for students at the school; or

(B) Impose such interim conditions as it determines reasonably necessary to safeguard public funds, ensure positive outcomes for students, or provide for efficient dissolution and asset distribution pursuant to § 38-1802.13a.

(6) Judicial review. —

(A) Availability of review. — A decision by an eligible chartering authority to revoke a charter shall be subject to judicial review by an appropriate court of the District of Columbia.

(B) Standard of review. — A decision by an eligible chartering authority to revoke a charter shall be upheld unless the decision is arbitrary and capricious or clearly erroneous.

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§ 38–1802.13a. Mandatory dissolution.

(a) A nonprofit corporation operating a charter school shall dissolve if the charter for the school:

(1) Has been revoked by the authorizing entity;

(2) Has not been renewed by the authorizing entity; or

(3) Has been voluntarily relinquished by the charter school.

(b) The distribution of assets upon dissolution required by subsection (a) of this section shall be in accordance this section.

(c)(1) Except as provided in paragraph (2) of this subsection, the articles of incorporation or the bylaws of a nonprofit corporation operating the charter school shall provide that:

(A) The corporation shall dissolve if the charter for the charter school has been revoked, has not been renewed, or has been voluntarily relinquished; and

(B) The corporation's assets shall be distributed pursuant to a plan of distribution that is in accordance with subsection (d) of this section.

(2) A nonprofit corporation with an existing charter as of March 14, 2007, shall not be required to amend its articles of incorporation or bylaws to comply with the requirements of this section until the time of its charter renewal under § 38-1802.12.

(3) Nothing in this subsection shall be construed as exempting the corporation from any other requirements of this section.

(d)(1) Following completion of the closeout audit described in paragraph (3) of this subsection, the chartering authority, in consultation with the Board of Trustees, shall develop and execute a plan for:

(A) Liquidating the corporation’s unencumbered assets in a timely fashion and in a manner that will achieve maximum value;

(B) Discharging the corporation’s debts; and

(C) Distributing the corporation's remaining assets in accordance with this section.

(2) The plan shall:

(A) Provide either that:

(i) All tangible personal property purchased with District funds, including funds received pursuant to subchapter I of Chapter 29 of this title, and any assets remaining after satisfaction of the corporation's debts and the use of assets authorized in subsection (f) of this section shall be transferred or conveyed to the District of Columbia, to be controlled by and subject to the disposition instructions of the Office of the State Superintendent of Education and used solely for educational or similar purposes; or

(ii) The assets described in sub-subparagraph (i) of this subparagraph, including cash, shall be transferred to another charter school in a transaction overseen by the chartering authority if the acquiring school agrees to enroll the closing school's students at the start of the following school year; and

(B) Notwithstanding subparagraph (A) of this paragraph, be in accordance with the terms of existing creditor agreements, grant agreements, and applicable laws, and creditors shall retain all rights, powers, and remedies available to them to cure default as defined in their agreements with the charter school.

(3) As soon as feasible upon notice of an event described in subsection (a) of this section, the Board of Trustees shall complete and submit to the authorizing entity a closeout audit, which shall include:

(A) An account of the present value of the charter school’s liabilities held by all of its creditors, including:

(i) Banking institutions;

(ii) Vendors; and

(iii) State pension and health benefits agencies; and

(B) An account of the present value of the charter school’s assets, including:

(i) Books;

(ii) Supplies;

(iii) Motor vehicles;

(iv) Furnishing;

(v) Equipment; and

(vi) Facilities.

(4) Nothing in this subsection shall be construed as making the chartering authority, the District of Columbia, or a charter school that acquires a corporation's assets pursuant to this section liable for debts incurred by the corporation.

(e) The chartering authority, in consultation with the Board of Trustees, shall arrange for the transfer and storage of necessary student records in the possession of the charter school.

(f) The chartering authority may utilize assets of the charter school to provide for:

(1) The transfer and storage of student records pursuant to subsection (e) of this section; and

(2) Any other actual expenses incurred by the authorizing entity as a result of the dissolution of the nonprofit organization operating the charter school.

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§ 38–1802.13b. Eligible chartering authority closure powers after voluntary charter relinquishment.

(a) If a public charter school voluntarily relinquishes its charter, the eligible chartering authority may manage the school directly until alternative arrangements can be made for students at the school.

(b) If a public charter school voluntarily relinquishes its charter, the eligible chartering authority also may impose such interim conditions as it determines reasonably necessary to safeguard public funds, ensure positive outcomes for students, or provide for efficient dissolution and asset distribution pursuant to § 38-1802.13a.

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§ 38–1802.14. Public Charter School Board.

(a) Establishment. —

(1) In general. — There is established within the District of Columbia Government a Public Charter School Board (in this section referred to as the “Board”).

(2) Membership. — The Board shall consist of 7 members, appointed by the Mayor, with the advice and consent of the Council. Members shall be selected so that knowledge of each of the following areas is represented on the Board:

(A) Research about and experience in student learning, quality teaching, and evaluation of and accountability in successful schools;

(B) The operation of a financially sound enterprise, including leadership and management techniques, as well as the budgeting and accounting skills critical to the startup of a successful enterprise;

(C) The educational, social, and economic development needs of the District of Columbia; and

(D) The needs and interests of students and parents in the District of Columbia, as well as methods of involving parents and other members of the community in individual schools.

(3) Vacancies. — Where a vacancy occurs in the membership of the Board for reasons other than the expiration of the term of a member, the Mayor shall appoint, with the advice and consent of the Council, an individual to serve in the vacant position, taking into consideration the criteria described in paragraph (2) of this subsection. Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of the term. Such an appointment shall not be considered an initial term of appointment for the purposes of paragraph (5)(B) of this subsection if fewer than 3 years remain in the term at the time of appointment.

(4) Repealed.

(5) Terms of members. —

(A) In general. — Members of the Board shall serve for terms of 4 years, except that, of the initial appointments made under paragraph (2) of this subsection, the Mayor shall designate:

(i) Two members to serve terms of 3 years;

(ii) Two members to serve terms of 2 years; and

(iii) One member to serve a term of one year.

(B) Reappointment. — Members of the Board shall be eligible to be reappointed for one 4-year term beyond their initial term of appointment.

(6) Independence. — No person employed by the District of Columbia public schools or a public charter school shall be eligible to be a member of the Board or to be employed by the Board.

(b) Operations of the Board. —

(1) Chair. — The members of the Board shall elect from among their membership 1 individual to serve as Chair. Such election shall be held each year after members of the Board have been appointed to fill any vacancies caused by the regular expiration of previous members’ terms, or when requested by a majority vote of the members of the Board.

(2) Quorum. — A majority of the members of the Board, not including any positions that may be vacant, shall constitute a quorum sufficient for conducting the business of the Board.

(3) Meetings. — The Board shall meet at the call of the Chair, subject to the hearing requirements of §§ 38-1802.03, 38-1802.12(d)(3), and 38-1802.13(c)(3), and all meetings of the Board shall be open to the public and shall provide a reasonable time during the meeting for public comment.

(c) No compensation for service. — Members of the Board shall serve without pay, but may receive reimbursement for any reasonable and necessary expenses incurred by reason of service on the Board.

(d) Personnel and resources. —

(1) In general. — Subject to such rules as may be made by the Board, the Chair shall have the power to appoint, terminate, and fix the pay of an Executive Director and such other personnel of the Board as the Chair considers necessary. The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.

(2) Special rule. — The Board is authorized to use the services, personnel, and facilities of the District of Columbia.

(3) District residency. —

(A)(i) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the Board shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Board.

(ii) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

(iii) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference and shall provide proof of residency annually to the Director of Personnel for the first 7 years of employment.

(iv) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

(v) Each applicant for a position covered by this paragraph, shall be informed in writing of the provisions of this paragraph at the time of application.

(B) All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board.

(C) By November 1 of each year and pursuant to § 1-515.06, the Board shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

(e) Expenses of Board. — Any expenses of the Board shall be paid from such funds as may be available to the Mayor; provided, That within 45 days of April 26, 1996, the Mayor shall make available not less than $130,000 to the Board.

(f) Audit. — The Board shall maintain its accounts according to Generally Accepted Accounting Principles. The Board shall provide for an audit of the financial statements of the Board by an independent certified public accountant in accordance with Government auditing standards for financial audits issued by the Comptroller General. The findings and recommendations of any such audit shall be forwarded to the Mayor, the Council of the District of Columbia, and the Office of the Chief Financial Officer of the District of Columbia.

(g) Authorization of appropriations. — For the purpose of carrying out the provisions of this section and conducting the Board’s functions required by this subchapter, there are authorized to be appropriated to the Board $300,000 for fiscal year 1997 and such sums as may be necessary for each of the 3 succeeding fiscal years.

(g-1) Fund.

(1) Establishment. — There is established as a special fund the District of Columbia Public Charter School Board Fund (“Fund”), which shall be administered by the Board in accordance with paragraph (3) of this subsection.

(2) Deposits. — There shall be deposited into the Fund:

(A) All fees authorized by §  38-1802.11;

(B) Appropriations as authorized by subsection (g) of this section; and

(C) Any other revenues, including grants or gifts, dedicated to the Fund.

(3) Authorized uses. — The Fund shall be used to pay for goods, services, property, capital improvements, or any other permitted use as authorized by this section or § 38-1802.11.

(4) Nonlapsing, no-year appropriation. —

(A) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(h) Contracting and procurement. — The Board shall have the authority to solicit, award, and execute contracts independently of the Office of Contracting and Procurement and the Chief Procurement Officer.

(h-1) Repealed.

(i) Freedom of Information Act. — The Board shall comply with all provisions of subchapter II of Chapter 5 of Title 2 [§ 2-531 et seq.].

(j) The Board shall consult with the Office of the State Superintendent of Education, established by § 38-2601, to ensure that the requirements and the goals of Chapter 2A of this title [§ 38-271.01 et seq.] are met, in accordance with that chapter.

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§ 38–1802.14a. Charter schools admissions task force.

(a) There is established a task force that shall study providing a neighborhood preference in charter school admissions for the 2013-2014 school year. The task force shall consist of:

(1) The following 5 government officials, or their designees:

(A) Chairman of the Public Charter School Board;

(B) Chairman of the Council of the District of Columbia;

(C) State Superintendent of Education;

(D) Deputy Mayor for Education; and

(E) Chancellor of the District of Columbia Public Schools; and

(2) The following nongovernment members:

(A) Two representatives from charter support organizations;

(B) A representative from the education department of a national research organization;

(C) A representative from a national charter school organization;

(D) Two charter school leaders selected by the Public Charter School Board Chair; and

(E) A labor representative.

(b) The task force shall:

(1) Be chaired by the Chairman of the Public Charter School Board, or his or her designee;

(2) Meet at an agreed to location as often as determined necessary by the Chairman of the task force;

(3) Explore the feasibility of offering a neighborhood preference in charter school admissions for the 2013-2014 school year; and

(4) By September 1, 2012, submit a report to the Council of its findings, which shall include:

(A) Consideration of the various ways in which a neighborhood preference can be designed, including:

(i) The pros and cons of a weighted lottery;

(ii) Setting aside of a certain percentage of new seats;

(iii) A geographically limited preference; and

(iv) A preference based on rankings in a city-wide application process;

(B) A definition of neighborhood for the purpose of setting boundaries in admissions;

(C) An examination of models that are being used in other jurisdictions and evaluation of their applicability to the District; and

(D) Recommendations based on its findings.

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§ 38–1802.15. Federal entities.

(a) In general. — The following federal agencies and federally established entities are encouraged to explore whether it is feasible for the agency or entity to establish one or more public charter schools:

(1) The Library of Congress;

(2) The National Aeronautics and Space Administration;

(3) The Drug Enforcement Administration;

(4) The National Science Foundation;

(5) The Department of Justice;

(6) The Department of Defense;

(7) The Department of Education; and

(8) The Smithsonian Institution, including the National Zoological Park, the National Museum of American History, the John F. Kennedy Center for the Performing Arts, and the National Gallery of Art.

(b) Report. — Not later than 120 days after April 26, 1996, any agency or institution described in subsection (a) of this section that has explored the feasibility of establishing a public charter school shall report its determination on the feasibility to the appropriate congressional committees.

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Subchapter III. World Class School Task Force, Core Curriculum, Content Standards, Assessments, and Promotion Gates.

Subpart A. World Class School Task Force, Core Curriculum, Content Standards, Assessments.

§ 38–1803.11. Grant authorized and recommendation required.

(a) Grant authorized. —

(1) In general. — The Superintendent is authorized to award a grant to a World Class Schools Task Force to enable such task force to make the recommendation described in subsection (b) of this section.

(2) Definition. — For the purpose of this subchapter, the term “World Class Schools Task Force” means 1 nonprofit organization located in the District of Columbia that:

(A) Has a national reputation for advocating content standards;

(B) Has a national reputation for advocating a strong liberal arts curriculum;

(C) Has experience with at least 4 urban school districts for the purpose of establishing content standards;

(D) Has developed and managed professional development programs in science, mathematics, the humanities and the arts; and

(E) Is governed by an independent board of directors composed of citizens with a variety of experiences in education and public policy.

(b) Recommendation required. —

(1) In general. — The World Class Schools Task Force shall recommend to the Superintendent, the Board of Education, and the District of Columbia Goals Panel the following:

(A) Content standards in the core academic subjects that are developed by working with the District of Columbia community, which standards shall be developed not later than 12 months after April 26, 1996.

(B) A core curriculum developed by working with the District of Columbia community, which curriculum shall include the teaching of computer skills.

(C) Districtwide assessments for measuring student achievement in accordance with content standards developed under subparagraph (A) of this paragraph. Such assessments shall be developed at several grade levels, including at a minimum, the grade levels with respect to which the Superintendent establishes promotion gates under § 38-1803.21. To the extent feasible, such assessments shall, at a minimum, be designed to provide information that permits comparisons between:

(i) Individual District of Columbia public schools and public charter schools; and

(ii) Individual students attending such schools.

(D) Model professional development programs for teachers using the standards and curriculum developed under subparagraphs (A) and (B) of this paragraph.

(2) Special rule. — The World Class Schools Task Force is encouraged, to the extent practicable, to develop districtwide assessments described in paragraph (1)(C) of this subsection that permit comparisons among:

(A) Individual District of Columbia public schools and public charter schools, and individual students attending such schools; and

(B) Students of other nations.

(c) Content. — The content standards and assessments recommended under subsection (b) of this section shall be judged by the World Class Schools Task Force to be world class, including having a level of quality and rigor, or being analogous to content standards and assessments of other States or nations (including nations whose students historically score high on international studies of student achievement).

(d) Submission to Board of Education for adoption. — If the content standards, curriculum, assessments, and programs recommended under subsection (b) of this section are approved by the Superintendent, the Superintendent may submit such content standards, curriculum, assessments, and programs to the Board of Education for adoption.

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§ 38–1803.12. Consultation.

The World Class Schools Task Force shall conduct its duties under this part in consultation with:

(1) The District of Columbia Goals Panel;

(2) Officials of the District of Columbia public schools who have been identified by the Superintendent as having responsibilities relevant to this part, including the Deputy Superintendent for Curriculum;

(3) The District of Columbia community, with particular attention given to educators, and parent and business organizations; and

(4) Any other persons or groups that the task force deems appropriate.

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§ 38–1803.13. Administrative provisions.

The World Class Schools Task Force shall ensure public access to its proceedings (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) that are relevant to its duties under this subchapter and shall make available to the public, at reasonable cost, transcripts of such proceedings.

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§ 38–1803.14. Consultants.

Upon the request of the World Class Schools Task Force, the head of any department or agency of the Federal Government may detail any of the personnel of such agency to such task force to assist such task force in carrying out such task force’s duties under this subchapter.

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§ 38–1803.15. Authorization of appropriations.

There are authorized to be appropriated $2,000,000 for fiscal year 1997 to carry out this part. Such funds shall remain available until expended.

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Subpart B. Promotion Gates.

§ 38–1803.21. Promotion gates.

(a) Kindergarten through 4th grade. — Not later than one year after the date of adoption in accordance with § 38-1803.11(d) of the assessments described in § 38-1803.11(b)(1)(C), the Superintendent shall establish and implement promotion gates for mathematics, reading, and writing, for not less than one grade level from kindergarten through grade 4, including at least grade 4, and shall establish dates for establishing such other promotion gates for other subject areas.

(b) 5th through 8th grades. — Not later than one year after the adoption in accordance with § 38-1803.11(d) of the assessments described in § 38-1803.11(b)(1)(C), the Superintendent shall establish and implement promotion gates with respect to not less than one grade level from grade 5 through grade 8, including at least grade 8.

(c) 9th through 12th grades. — Not later than one year after the adoption in accordance with § 38-1803.11(d) of the assessments described in § 38-1803.11(b)(1)(C), the Superintendent shall establish and implement promotion gates with respect to not less than one grade level from grade 9 through grade 12, including at least grade 12.

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Subchapter IV. Per Capita District of Columbia Public School and Public Charter School Funding.

§ 38–1804.01. Annual budgets for schools.

(a) In general. — For fiscal year 1997 and for each subsequent fiscal year, the Mayor shall make annual payments from the general fund of the District of Columbia in accordance with the formula established under subsection (b) of this section.

(b) Formula. —

(1) In general. — The Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, shall establish not later than 90 days after April 26, 1996, a formula to determine the amount of:

(A) The annual payment to the Board of Education for the operating expenses of the District of Columbia public schools, which for purposes of this paragraph includes the operating expenses of the Board of Education and the Office of the Superintendent; and

(B) The annual payment to each public charter school for the operating expenses of each public charter school.

(2) Formula calculation. — Except as provided in paragraph (3) of this subsection the amount of the annual payment under paragraph (1) of this subsection shall be calculated by multiplying a uniform dollar amount used in the formula established under such paragraph by:

(A) The number of students calculated under § 38-1804.02 that are enrolled at District of Columbia public schools, in the case of the payment under paragraph (1)(A) of this subsection; or

(B) The number of students calculated under § 38-1804.02 that are enrolled at each public charter school, in the case of a payment under paragraph (1)(B) of this subsection.

(3) Exceptions. —

(A) Formula. — Notwithstanding paragraph (2) of this subsection, the Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, may adjust the formula to increase or decrease the amount of the annual payment to the District of Columbia public schools or each public charter school based on a calculation of:

(i) The number of students served by such schools in certain grade levels; and

(ii) The cost of educating students at such certain grade levels.

(B) Payment. — Notwithstanding paragraph (2) of this subsection, the State Superintendent of Education, with the advice and consent of the District of Columbia Council, may adjust the amount of the annual payment under paragraph (1) of this subsection to increase the amount of such payment if a District of Columbia public school or a public charter school serves a high number of students:

(i) With special needs;

(ii) Who do not meet minimum literacy standards; or

(iii) To whom the school provides room and board in a residential setting.

(C) Adjustment for facilities costs. — Notwithstanding paragraph (2) of this subsection, the Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, shall adjust the amount of the annual payment under paragraph (1) of this subsection to increase the amount of such payment for a public charter school to take into account leases or purchases of, or improvements to, real property, if the school, not later than April 1 of the fiscal year preceding the payment, requests such an adjustment.

(D) Notwithstanding paragraph (2) of this subsection:

(i) The Office of the State Superintendent of Education shall develop a plan to address deficiencies in the current uniform per student funding formula assumptions funding students requiring an intensive program of special education services and to support improved services and the expanded availability of appropriate programs for these students in the public schools and public charter schools, including in self-contained and non- self-contained settings.

(ii) The OSSE shall study and recommend, prior to the beginning of school year 2007-2008, alternative approaches for funding such students that support the actual costs of services required by a student’s Individual Education Plan.

(iii) The OSSE may provide supplemental funding, in accordance with the plan, in addition to the uniform per pupil funding formula amount to a special education school serving students in need of an intensive program of special education services who have been diagnosed as having one or more disabling conditions for which the students’ Individual Educational Plans require services in a self-contained setting during the regular school day; provided, that the amount of the total per student funding shall not exceed the negotiated rate for education and related services approved for such students by the Maryland Department of Education.

(E) Notwithstanding paragraph (2) of this subsection, for fiscal year 2011, supplemental funding in addition to the supplemental allocations authorized by § 38-2905 may be provided to local education agencies (“LEAs”) for special education services, including programs that increase the capacity of the LEA to provide special education services.

(c) The requirements to meet IDEA’s Maintenance of Effort Obligation and Use of Formula Special Education Payments are as follows:

(1)(A) All public schools within the District of Columbia receiving Special Education Payments and federal grant funds under the Individuals with Disabilities Education Act (“IDEA”), must expend, in total or per capita, an equal or greater amount of its non-federal, District funds on allowable special education costs each subsequent fiscal year as required by 34 CFR § 300.203 “Maintenance of effort”, except as provided in 34 CFR § 300.204 “Exception to maintenance of effort”, and 34 CFR § 300.205 “Adjustment to local fiscal efforts in certain fiscal years”.

(B) This requirement applies to the District of Columbia Public Schools (“DCPS”) and all public charter schools regardless of whether they have elected DCPS as their LEA for special education purposes.

(C) Special education attorney fee expenditures made pursuant to 34 CFR § 300.517 shall not be included in the IDEA Maintenance of Effort calculation for DCPS or public charter schools.

(D) If it is determined at any point, that DCPS or a public charter school has failed to maintain level of effort for expenditures made with non-federal, District funds for special education as defined in 34 CFR § 300.203-205 of IDEA, the District shall withhold an amount equal to the difference from the school’s next scheduled Formula base payment. In no case shall such withholding be taken from Special Education Payments made to the school in any fiscal year.

(E) If a public charter school relinquishes its charter or if a final decision is made by the eligible chartering authority to revoke the charter as described in § 38-1802.13, the public charter school shall refund to OSSE the unexpended amount of the Special Education Payment necessary to ensure compliance with 34 CFR § 300.203. In no case shall federal funds, for which accountability to the federal government is required, be used to pay this liability.

(2) Expenditure of Special Education Payments by public schools are restricted for use in accordance with allowable special education costs unless an LEA is in compliance with 34 CFR § 300.203 and has received an Annual Determination as required by 34 CFR § 300.600(a) of “Meets Requirements” for the most recent year for which this information is available.

(3) Expenditures for attorney fees related to IDEA due process hearings pursuant to 34 CFR § 300.517 may not be paid from Special Education Payments; except that such fees may be paid from funds received for Special Education Compliance Funding. Nothing in this section shall prohibit a public school from paying for attorney fees from other non-special education portions of its Formula payments.

(4) All Special Education Payments must be expended within the fiscal year within which they were appropriated, unless the LEA is in compliance with the IDEA maintenance of effort requirements in 34 CFR § 300.203 and received an Annual Determination of “Meets Requirements” under 34 CFR § 300.600(a).

(5)(A) If DCPS or a public charter school does not have an Annual Determination of “Meets Requirements” and fails to expend in its entirety Special Education Payments on allowable special education costs within the fiscal year within which the funds are appropriated, the public school must reserve the full amount of unspent funds. The reserved funds shall be expended pursuant to a Corrective Action Plan approved by OSSE.

(B) If DCPS or a public charter school fails to comply with the requirements of this paragraph, the District shall withhold an amount equal to the unspent portion of such funds from the school’s next scheduled Formula base payment. In no case shall such withholding be taken from Special Education Payments made to the school in any fiscal year.

(d) DCPS and public charter schools shall provide to OSSE, at least annually, a certified report of all expenditures made with Special Education Payments for each fiscal year.

(e) OSSE shall issue guidance to clarify reporting requirements for the purpose of determining whether DCPS and each public charter school have:

(1) Expended Special Education Payments on allowable special education costs as required by this section;

(2) Made expenditures for attorney fees related to IDEA due process hearings pursuant to 34 CFR § 300.517 in accordance with subsection (c)(3) of this section; and

(3) Complied with federal IDEA Maintenance of Effort requirements.

(f) The OSSE, utilizing official budget and expenditure data provided by the Office of the Chief Financial Officer, shall monitor the DCPS and public charter schools for compliance with the requirements in this section.

(g) DCPS and public charter schools shall adhere to monitoring policies issued by OSSE pursuant to this section.

(h) In the event the distribution of a Formula payment is delayed to DCPS or a public charter school, the school shall receive additional time to expend the distribution based upon the difference in the number of days between the scheduled distribution date and the actual distribution date of funds to DCPS or the public charter school.

(i) For the purposes of this section, the term:

(1) “Allowable special education costs” shall have the same meaning as provided in § 38-2901(1A).

(2) “Special Education Compliance Funding” shall have the same meaning as provided in § 38-2901(11B).

(3) “Special Education Payment” shall have the same meaning as provided in § 38-2901(11C).

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§ 38–1804.02. Calculation of number of students.

(a) Quarterly reporting requirement. — On June 30, October 15, December 15, and March 30 of each year the District of Columbia public schools and each eligible chartering authority shall submit a report to the Mayor and the Council containing the information described in subsection (b) of this section that is applicable to the schools under their respective authorities.

(b) Collection of enrollment figures. — Not later than October 15 of each year, the Office of the State Superintendent of Education shall collect the following from local education agencies:

(1) The number of students, including nonresident students and students with special needs, enrolled in each grade from kindergarten through grade 12 of the District of Columbia public schools and in public charter schools, and the number of students whose tuition for enrollment in other schools is paid for with funds available to the District of Columbia public schools;

(2) Repealed.

(3) The number of students, including nonresident students, enrolled in preschool and prekindergarten in the District of Columbia public schools and in public charter schools;

(4) Repealed.

(5) The number of full time equivalent adult students enrolled in adult, community, continuing, and vocational education programs in the District of Columbia public schools and in public charter schools;

(6) Repealed.

(7) The number of students, including nonresident students, enrolled in nongrade level programs in District of Columbia public schools and in public charter schools; and

(8) Repealed.

(9) The number of enrolled students who have dropped out since the date of the previous report.

(c) Annual reports. — Not later than December 31 of each year, the Office of the State Superintendent of Education shall transmit to the Mayor and the Council, and make publicly available, a report on the verified enrollment of each local education agency, disaggregated by the categories of students identified in subsection (b) of this section, and an explanation of the systems, procedures, and methodology used to verify enrollment pursuant to subsection (d) of this section.

(d) Verification of student enrollment. — The Office of the State Superintendent of Education shall:

(1) Verify the accuracy of the local education agencies' enrollment figures provided pursuant to subsections (a) and (b) of this section;

(2) Determine the amount of fees and tuition assessed and collected from the nonresident students described in subsection (b) of this section; and

(3) Fund the verification solely from amounts appropriated to the Office of the State Superintendent of Education for staff, stipends, and non-personal services of the Office of the State Superintendent of Education by an act making appropriations for the District of Columbia.

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§ 38–1804.03. Payments.

(a) In general. —

(1) Escrow for public charter schools. — Except as provided in subsection (b) of this section, for any fiscal year, not later than 10 days after the date of enactment of an act making appropriations for the District of Columbia for such fiscal year, the Mayor shall place in escrow an amount equal to the aggregate of the amounts determined under § 38-1804.01(b)(1)(B) for use only by District of Columbia public charter schools.

(2) Transfer of escrow funds. —

(A) Initial payment. —

(i) In general. — Except as provided in sub-subparagraphs (ii) and (iii) of this subparagraph, no later than July 15, October 15, January 15, and April 15 of each year, the Mayor shall transfer, by electronic funds transfer, the quarterly payments for each public charter school as prescribed in § 38-2906.02 to a bank designated by such school.

(ii) Reduction in case of a new school. — In the case of a public charter school that has received a payment pursuant to subsection (b) of this section in the fiscal year immediately preceding the fiscal year in which a transfer pursuant to sub-subparagraph (i) of this subparagraph is made, the amounts transferred to the school under sub-subparagraph (i) of this subparagraph shall be reduced by an amount equal to 25% of the amount of the payment made pursuant to subsection (b) of this section.

(iii) Funds received from the Education Jobs Fund, established by section 101 of An Act To modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provides for modernization of the air traffic control system, reauthorizes the Federal Aviation Administration, and for other purposes, approved August 10, 2010 (Pub. L. No.111-226; 124 Stat. 2389) (“Act”), shall be disbursed to public charter schools at such times as are consistent with the requirements of the Act, its implementing regulations, and other applicable federal regulations.

(B) Repealed.

(C) Pro rata reduction or increase in payments. —

(i) Pro rata reduction. — If the funds made available to the District of Columbia Government for the District of Columbia public school system and each public charter school for any fiscal year are insufficient to pay the full amount that such system and each public charter school is eligible to receive under this subchapter for such year, the Mayor shall ratably reduce such amounts for such year on the basis of the formula described in § 38-1804.01(b).

(ii) Increase. — If additional funds become available for making payments under this subchapter for such fiscal year, amounts that were reduced under subparagraph (A) of this paragraph shall be increased on the same basis as such amounts were reduced.

(D) Unexpended funds. — Any funds that remain in the escrow account for public charter schools on September 30 of a fiscal year shall revert to the general fund of the District of Columbia.

(E) Reprogramming limitation. — Funds appropriated for public charter school payments that remain in the escrow account for public charter schools due to projected public charter school enrollment exceeding verified enrollment may only be reprogrammed to agencies in the public education system cluster of the District’s budget.

(b) Payments to public schools and public charter schools. —

(1) Establishment of fund. — The fund previously established in the General Fund of the District of Columbia as the “Charter School Fund” shall be redesignated the Student Enrollment Fund. Amounts deposited in the Student Enrollment Fund shall be available for expenditure without further appropriation and shall remain available until expended for the purposes described in paragraph (3) of this subsection. Amounts remaining unobligated or unexpended at the end of a fiscal year shall not revert to the General Fund of the District of Columbia.

(2) Contents of fund. — The Student Enrollment Fund shall consist of:

(A) Unexpended and unobligated amounts appropriated from local funds for public charter schools for each fiscal year that reverted to the General Fund of the District of Columbia, together with any other local funds that the Chief Financial Officer certifies are necessary to effect the purposes of the fund during the fiscal year; provided, that the amount of funds deposited shall not exceed $8 million in any fiscal year; and

(B) Any interest earned on such amounts.

(3) Purposes of fund. — The Student Enrollment Fund shall be used to assist public schools and public charter schools in the District of Columbia by providing funding in cases where the total verified enrollment, including enrollment in special needs categories, exceeds the projected student enrollment on which the annual appropriation is based in that fiscal year.

(4) Expenditures from fund. —

(A) Expenditures from the Student Enrollment Fund for enrollment in excess of the annual public charter school projection for any public charter school operating in that fiscal year shall be authorized in cases where the total verified actual enrollment, including enrollment in special needs categories, exceeds the projected student enrollment on which the annual appropriation is based in that fiscal year.

(B) Expenditures from the Student Enrollment Fund for enrollment in excess of annual public school projections shall be authorized in cases where the total verified actual enrollment exceeds that of the student enrollment on which the annual appropriation is based in that fiscal year.

(5) Form of payment. — Payments under this subsection shall be made by electronic funds transfer from the Student Enrollment Fund to a bank designated by a public charter school.

(6) Authorization of appropriations. — There are authorized to be appropriated to the Chief Financial Officer such sums as may be necessary to effect the purposes of this subsection for each fiscal year.

(c) Assignment of payments. — A public charter school may assign any payments made to the school under this section to a financial institution for use as collateral to secure a loan or for the repayment of a loan.

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Subchapter V. School Facilities Repair and Improvement.

Subpart A. School Facilities.

§ 38–1805.50. Definitions.

For purposes of this subchapter —

(1) The term “facilities” means buildings, structures, and real property of the District of Columbia public schools, except that such term does not include any administrative office building that is not located in a building containing classrooms; and

(2) The term “repair and improvement” includes administration, construction, and renovation.

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§ 38–1805.51. Technical assistance. [Repealed]

Repealed.

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§ 38–1805.52. Facilities Master Plan.

In developing the Facilities Master Plan pursuant to § 38-2803, the Mayor shall consult with the Council, the Director of the Office of Public Education Facilities Modernization, the Public Charter School Board, and representatives of public charter schools, and shall consider the facilities needs of all public school students.

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Subpart B. Waivers.

§ 38–1805.61. Waivers.

(a) In general. —

(1) Requirements waived. — Subject to subsection (b) of this section, all District of Columbia fees and all requirements contained in the document entitled “District of Columbia Public Schools Standard Contract Provisions” (as such document was in effect on November 2, 1995 and including any revisions or modifications to such document) published by the District of Columbia public schools for use with construction or maintenance projects, are waived, for purposes of repair and improvement of District of Columbia public schools facilities for a period beginning on April 26, 1996, and ending 24 months after such date.

(2) Donations. — Any individual may volunteer his or her services or may donate materials to a District of Columbia public school facility for the repair and improvement of such facility provided that the provision of voluntary services meets the requirements of 29 U.S.C. 203(e)(4).

(b) Limitation. — A waiver under subsection (a) of this section shall not apply to the Davis-Bacon Act (40 U.S.C. 276a et seq.) [revised, now see 40 U.S.C. 3142] or Executive Order 11246 or other civil rights standards.

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Subpart C. Gifts, Donations, Bequests, and Devises.

§ 38–1805.71. Gifts, donations, bequests, and devises.

(a) In general. — A District of Columbia public school or a public charter school may accept directly from any person a gift, donation, bequest, or devise of any property, real or personal, without regard to any law or regulation of the District of Columbia.

(b) Tax laws. — For the purposes of the income tax, gift tax, and estate tax laws of the Federal Government, any money or other property given, donated, bequeathed, or devised to a District of Columbia public school or a public charter school, shall be deemed to have been given, donated, bequeathed, or devised to or for the use of the District of Columbia.

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Subchapter VI. Partnerships with Business.

§ 38–1806.01. Purpose.

The purpose of this subchapter is:

(1) To leverage private sector funds utilizing initial Federal investments in order to provide students and teachers within the District of Columbia public schools and public charter schools with access to state-of-the-art educational technology;

(2) To establish a regional job training and employment center;

(3) To strengthen workforce preparation initiatives for students within the District of Columbia public schools and public charter schools;

(4) To coordinate private sector investments in carrying out this chapter; and

(5) To assist the Superintendent with the development of individual career paths in accordance with the long-term reform plan.

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§ 38–1806.02. Duties of the Superintendent of the District of Columbia public schools.

The Superintendent is authorized to provide a grant to a private, nonprofit corporation that meets the eligibility criteria under § 38-1806.03 for the purposes of carrying out the duties under §§ 38-1806.04 and 38-1806.07.

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§ 38–1806.03. Eligibility criteria for private, nonprofit corporation.

A private, nonprofit corporation shall be eligible to receive a grant under § 38-1806.02 if the corporation is a national business organization incorporated in the District of Columbia, that:

(1) Has a board of directors which includes members who are also chief executive officers of technology-related corporations involved in education and workforce development issues;

(2) Has extensive practical experience with initiatives that link business resources and expertise with education and training systems;

(3) Has experience in working with State and local educational agencies throughout the United States with respect to the integration of academic studies with workforce preparation programs; and

(4) Has a nationwide structure through which additional resources can be leveraged and innovative practices disseminated.

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§ 38–1806.04. Duties of the private, nonprofit corporation.

(a) District Education and Learning Technologies Advancement Council. —

(1) Establishment. — The private, nonprofit corporation shall establish a council to be known as the “District Education and Learning Technologies Advancement Council” (in this subchapter referred to as the “Council”).

(2) Membership. —

(A) In general. — The private, nonprofit corporation shall appoint members to the Council. An individual shall be appointed as a member to the Council on the basis of the commitment of the individual, or the entity which the individual is representing, to providing time, energy, and resources to the Council.

(B) Compensation. — Members of the Council shall serve without compensation.

(3) Duties. — The Council:

(A) Shall advise the private, nonprofit corporation with respect to the duties of the corporation under subsections (b) through (d) of this section; and

(B) Shall assist the corporation in leveraging private sector resources for the purpose of carrying out such duties.

(b) Access to state-of-the-art educational technology. —

(1) In general. — The private, nonprofit corporation, in conjunction with the Superintendent, students, parents, and teachers, shall establish and implement strategies to ensure access to state-of-the-art educational technology within the District of Columbia public schools and public charter schools.

(2) Electronic data transfer system. — The private, nonprofit corporation shall assist the Superintendent in acquiring the necessary equipment, including computer hardware and software, to establish an electronic data transfer system. The private, nonprofit corporation shall also assist in arranging for training of District of Columbia public school employees in using such equipment.

(3) Technology assessment. —

(A) In general. — In establishing and implementing the strategies under paragraph (1) of this subsection, the private, nonprofit corporation, not later than September 1, 1996, shall provide for an assessment of the availability, on April 26, 1996, of state-of-the-art educational technology within the District of Columbia public schools and public charter schools.

(B) Conduct of assessment. — In providing for the assessment under subparagraph (A) of this paragraph, the private, nonprofit corporation:

(i) Shall provide for onsite inspections of the state-of-the-art educational technology within a minimum sampling of District of Columbia public schools and public charter schools; and

(ii) Shall ensure proper input from students, parents, teachers, and other school officials through the use of focus groups and other appropriate mechanisms.

(C) Results of assessment. — The private, nonprofit corporation shall ensure that the assessment carried out under this paragraph provides, at a minimum, necessary information on state-of-the-art educational technology within the District of Columbia public schools and public charter schools, including:

(i) The extent to which typical District of Columbia public schools have access to such state-of-the-art educational technology and training for such technology;

(ii) How such schools are using such technology;

(iii) The need for additional technology and the need for infrastructure for the implementation of such additional technology;

(iv) The need for computer hardware, software, training, and funding for such additional technology or infrastructure; and

(v) The potential for computer linkages among District of Columbia public schools and public charter schools.

(4) Short-term technology plan. —

(A) In general. — Based upon the results of the technology assessment under paragraph (3) of this subsection, the private, nonprofit corporation shall develop a 3-year plan that includes goals, priorities, and strategies for obtaining the resources necessary to implement strategies to ensure access to state-of-the-art educational technology within the District of Columbia public schools and public charter schools.

(B) Implementation. — The private, nonprofit corporation, in conjunction with schools, students, parents, and teachers, shall implement the plan developed under subparagraph (A) of this paragraph.

(5) Long-term technology plan. — Prior to the completion of the implementation of the short-term technology plan under paragraph (4) of this subsection, the private, nonprofit corporation shall develop a plan under which the corporation will continue to coordinate the donation of private sector resources for maintaining the continuous improvement and upgrading of state-of-the-art educational technology within the District of Columbia public schools and public charter schools.

(c) District Employment and Learning Center. —

(1) Establishment. — The private, nonprofit corporation shall establish a center to be known as the “District Employment and Learning Center” (in this subchapter referred to as the “Center”), which shall serve as a regional institute providing job training and employment assistance.

(2) Duties. —

(A) Job training and employment assistance program. — The Center shall establish a program to provide job training and employment assistance in the District of Columbia and shall coordinate with career preparation programs in existence on April 26, 1996, such as vocational education, school-to-work, and career academies in the District of Columbia public schools.

(B) Conduct of program. — In carrying out the program established under subparagraph (A) of this paragraph, the Center:

(i) Shall provide job training and employment assistance to youths who have attained the age of 18 but have not attained the age of 26, who are residents of the District of Columbia, and who are in need of such job training and employment assistance for an appropriate period not to exceed 2 years;

(ii) Shall work to establish partnerships and enter into agreements with appropriate agencies of the District of Columbia Government to serve individuals participating in appropriate federal programs, including programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998, the Job Opportunities and Basic Skills Training Program under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.), the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.), and the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.);

(iii) Shall conduct such job training, as appropriate, through a consortium of colleges, universities, community colleges, businesses, and other appropriate providers, in the District of Columbia metropolitan area;

(iv) Shall design modular training programs that allow students to enter and leave the training curricula depending on their opportunities for job assignments with employers; and

(v) Shall utilize resources from businesses to enhance work-based learning opportunities and facilitate access by students to work-based learning and work experience through temporary work assignments with employers in the District of Columbia metropolitan area.

(C) Compensation. — The Center may provide compensation to youths participating in the program under this paragraph for part-time work assigned in conjunction with training. Such compensation may include need-based payments and reimbursement of expenses.

(d) Workforce preparation initiatives. —

(1) In general. — The private, nonprofit corporation shall establish initiatives with the District of Columbia public schools, and public charter schools, appropriate governmental agencies, and businesses and other private entities, to facilitate the integration of rigorous academic studies with workforce preparation programs in District of Columbia public schools and public charter schools.

(2) Conduct of initiatives. — In carrying out the initiatives under paragraph (1) of this subsection, the private, nonprofit corporation shall, at a minimum, actively develop, expand, and promote the following programs:

(A) Career academy programs in secondary schools, as such programs are established in certain District of Columbia public schools, which provide a school-within-a-school concept, focusing on career preparation and the integration of the academy programs with vocational and technical curriculum; and

(B) Programs carried out in the District of Columbia that are funded under the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.).

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§ 38–1806.05. Matching funds.

The private, nonprofit corporation, to the extent practicable, shall provide matching funds, or in-kind contributions, or a combination thereof, for the purpose of carrying out the duties of the corporation under § 38-1806.04, as follows:

(1) For fiscal year 1997, the nonprofit corporation shall provide matching funds or in-kind contributions of $1 for every $1 of federal funds provided under this subchapter for such year for activities under § 38-1806.04.

(2) For fiscal year 1998, the nonprofit corporation shall provide matching funds or in-kind contributions of $3 for every $1 of federal funds provided under this subchapter for such year for activities under § 38-1806.04.

(3) For fiscal year 1999, the nonprofit corporation shall provide matching funds or in-kind contributions of $5 for every $1 of federal funds provided under this subchapter for such year for activities under § 38-1806.04.

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§ 38–1806.06. Report.

The private, nonprofit corporation shall prepare and submit to the appropriate congressional committees on a quarterly basis, or, with respect to fiscal year 1997, on a semiannual basis, a report which shall contain:

(1) The activities the corporation has carried out, including the duties of the corporation described in § 38-1806.04, for the 3-month period ending on the date of the submission of the report, or, with respect to fiscal year 1997, the 6-month period ending on the date of the submission of the report;

(2) An assessment of the use of funds or other resources donated to the corporation;

(3) The results of the assessment carried out under § 38-1806.04(b)(3); and

(4) A description of the goals and priorities of the corporation for the 3-month period beginning on the date of the submission of the report, or, with respect to fiscal year 1997, the 6-month period beginning on the date of the submission of the report.

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§ 38–1806.07. Jobs for D.C. Graduates Program.

(a) In general. — The nonprofit corporation shall establish a program, to be known as the “Jobs for D.C. Graduates Program”, to assist District of Columbia public schools and public charter schools in organizing and implementing a school-to-work transition system, which system shall give priority to providing assistance to at-risk youths and disadvantaged youths.

(b) Conduct of program. — In carrying out the program established under subsection (a), the nonprofit corporation, consistent with the policies of the nationally recognized Jobs for America’s Graduates, Inc., shall:

(1) Establish performance standards for such program;

(2) Provide ongoing enhancement and improvements in such program;

(3) Provide research and reports on the results of such program; and

(4) Provide preservice and inservice training.

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§ 38–1806.08. Authorization of appropriations.

(a) Authorization. —

(1) Delta Council; access to state-of-the-art educational technology; and workforce preparation initiatives. — There are authorized to be appropriated to carry out subsections (a), (b), and (d) of § 38-1806.04, $1,000,000 for each of the fiscal years 1997, 1998, and 1999.

(2) Deal Center. — There are authorized to be appropriated to carry out § 38-1806.04(c), $2,000,000 for each of the fiscal years 1997, 1998, and 1999.

(3) Jobs for D.C. Graduates Program. — There are authorized to be appropriated to carry out § 38-1806.07:

(A) $2,000,000 for fiscal year 1997; and

(B) $3,000,000 for each of the fiscal years 1998 through 2001.

(b) Availability. — Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended.

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§ 38–1806.09. Termination of federal support; sense of the Congress relating to continuation of activities.

(a) Termination of federal support. — The authority under this subchapter to provide assistance to the private, nonprofit corporation or any other entity established pursuant to this subchapter shall terminate on October 1, 1999.

(b) Sense of the Congress relating to continuation of activities. — It is the sense of the Congress that:

(1) The activities of the private, nonprofit corporation under § 38-1806.04 should continue to be carried out after October 1, 1999, with resources made available from the private sector; and

(2) The corporation should provide oversight and coordination for such activities after such date.

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Subchapter VII. Management and Fiscal Accountability; Preservation of School-Based Resources.

§ 38–1807.51. Management support systems.

(a) Food services and security services. — Notwithstanding any other law, rule, or regulation, the Board of Education shall enter into a contract for academic year 1995-1996 and each succeeding academic year, for the provision of all food services operations and security services for the District of Columbia public schools, unless the Superintendent determines that it is not feasible and provides the Superintendent’s reasons in writing to the Board of Education and the Authority.

(b) Development of new management and data systems. — Notwithstanding any other law, rule, or regulation, the Board of Education shall, in academic year 1995-1996, consult with the Authority on the development of new management and data systems, as well as training of personnel to use and manage the systems in areas of budget, finance, personnel and human resources, management information services, procurement, supply management, and other systems recommended by the Authority. Such plans shall be consistent with, and contemporaneous to, the District of Columbia Government’s development and implementation of a replacement for the financial management system for the District of Columbia Government in use on April 26, 1996.

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§ 38–1807.52. Access to fiscal and staffing data.

(a) In general. — The budget, financial-accounting, personnel, payroll, procurement, and management information systems of the District of Columbia public schools shall be coordinated and interface with related systems of the District of Columbia Government.

(b) Access. — The Board of Education shall provide read-only access to its internal financial management systems and all other data bases to designated staff of the Mayor, the Council, the Authority, and appropriate congressional committees.

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§ 38–1807.53. Development of fiscal year 1997 budget request.

(a) In general. — The Board of Education shall develop its fiscal year 1997 gross operating budget and its fiscal year 1997 appropriated funds budget request in accordance with this section.

(b) Fiscal Year 1996 Budget Revision. — Not later than 60 days after April 26, 1996, the Board of Education shall develop, approve, and submit to the Mayor, the District of Columbia Council, the Authority, and appropriate Congressional committees, a revised fiscal year 1996 gross operating budget that reflects the amount appropriated in the District of Columbia Appropriations Act, 1996, and which:

(1) Is broken out on the basis of appropriated funds and nonappropriated funds, control center, responsibility center, agency reporting code, object class, and object; and

(2) Indicates by position title, grade, and agency reporting code, all staff allocated to each District of Columbia public school as of October 15, 1995, and indicates on an object class basis all other-than-personal-services financial resources allocated to each school.

(c) Zero-Base budget. — For fiscal year 1997, the Board of Education shall build its gross operating budget and appropriated funds request from a zero-base, starting from the local school level through the central office level.

(d) School-by-school budgets. — The Board of Education’s initial fiscal year 1997 gross operating budget and appropriated funds budget request submitted to the Mayor, the District of Columbia Council, and the Authority shall contain school-by-school budgets and shall also:

(1) Be broken out on the basis of appropriated funds and nonappropriated funds, control center, responsibility center, agency reporting code, object class, and object;

(2) Indicate by position title, grade, and agency reporting code all staff budgeted for each District of Columbia public school, and indicate on an object class basis all other-than-personal-services financial resources allocated to each school; and

(3) Indicate the amount and reason for all changes made to the initial fiscal year 1997 gross operating budget and appropriated funds request from the revised fiscal year 1996 gross operating budget required by subsection (b) of this section.

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§ 38–1807.56. Preservation of school-based staff positions. [Repealed]

Repealed.

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§ 38–1807.57. Preservation of school-based staff positions.

(a) Findings. — The Council of the District of Columbia finds that:

(1) In Fiscal Year 2006, the District of Columbia Public Schools (“DCPS”) will receive a core budget of $779,309,000 with additional funding in the amount of $21 million for the Superintendent’s school reform initiatives.

(2) Despite an overall increase in funding for DCPS, local schools have been forced to develop plans to reduce their workforces because the 3.07% increase in the uniform per student funding formula does not cover the average step increase of 4.77% included in collective bargaining agreements approved by the Mayor and Council.

(3) The Council believes that these reductions, which would come one year following the elimination of 500 school-based positions, are unacceptable and, if implemented, would be injurious to the DCPS.

(4) As a result, there is a need to avert layoffs of more than 300 staff at individual schools.

(5) DCPS should absorb the cost of the step increases from non-local school budget funds.

(b) Restrictions on reductions of school-based employees. — To the extent that a reduction in the number of full-time equivalent positions for the District of Columbia public schools is required to remain within the budget established for the public schools in appropriations acts, no reductions shall be made from the full-time equivalent positions for school-based teachers, principals, counselors, librarians, or other school-based educational positions that were established as of the end of Fiscal Year 2005, unless the Board of Education makes a determination based on student enrollment that:

(1) Fewer school-based positions are needed to maintain established pupil-to-staff ratios; or

(2) Reductions in positions for other than school-based employees are not practicable.

(c) Definition. — The term “school-based educational position” means a position located at a District of Columbia public school or other position providing direct support to students at such a school, including a position for a clerical, stenographic, or secretarial employee, but not including any part-time educational aide position.

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Subchapter VIII. Establishment and Organization of the Commission on Consensus Reform in the District of Columbia Public Schools.

§ 38–1808.51. Commission on Consensus Reform in the District of Columbia Public Schools. [Expired]

Expired.

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§ 38–1808.52. Primary purpose and findings. [Expired]

Expired.

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§ 38–1808.53. Duties and powers of the Consensus Commission. [Expired]

Expired.

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§ 38–1808.54. Improving order and discipline. [Expired]

Expired.

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§ 38–1808.55. Educational performance audits. [Expired]

Expired.

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§ 38–1808.56. Investigative powers. [Expired]

Expired.

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§ 38–1808.57. Recommendations of the Consensus Commission. [Expired]

Expired.

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§ 38–1808.58. Expiration date. [Expired]

Expired.

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Subchapter IX. Parent Attendance at Parent-Teacher Conferences.

§ 38–1809.01. Policy.

Notwithstanding any other provision of law, the Mayor is authorized to develop and implement a policy encouraging all residents of the District of Columbia with children attending a District of Columbia public school to attend and participate in at least one parent-teacher conference every 90 days during the academic year.

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