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| A BILL IN THE COUNCIL OF THE DISTRICT OF
COLUMBIA To implement Section 495 of the District of Columbia Home Rule Act of 1973, as amended by the "Board of Education Charter Reform Amendment Act of 2000", to adopt a system in which the members of the District of Columbia Board of Education are appointed by the Mayor, for a 4 year term, from a list of names provided by a Nominating Committee and confirmed by the Council, to authorize the Mayor to appoint a Superintendent of Schools who shall serve at the pleasure of the Mayor, to establish the Board as of Education as a policy-making board only, to provide for the Mayor to appoint the president of the Board of Education, to repeal the Board of Education's chartering authority, to give the Mayor control over the budget for the Board of Education, and to provide for a second referendum vote in four years. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Board of Education Reform Amendment Act of 2000." Sec. 2. Definitions. The following terms shall have the meaning set forth herein: (a) "Board of Education" shall mean the board appointed by the Mayor, with confirmation by the Council, to establish overall policy for public education in the District of Columbia, and, for private education for those limited purposes as set forth in District law. (b) "Member of the Board of Education", or "member", shall mean a person appointed by the Mayor to serve on the Board of Education. (c) "Nominating Committee" shall mean the committee selected by the Mayor to make recommendations regarding potential members for the Board of Education. Sec. 3. Members of the Board of Education. (a) Members of the Board of Education may serve up to 2 terms and may receive reimbursement, pursuant to rates established by the Mayor, for any expenses incurred in conducting the business of the Board of Education. (b) The term of office of a member of the Board of Education appointed in the year 2000 shall expire on May 15, 2003. The Mayor may reappoint any or all of the members of the Board of Education then serving or may appoint new members from a list of names provided by a Nominating Committee to be appointed and established as set forth in this act. The members of the Board of Education appointed to serve beginning May 15, 2003 shall serve for 4 years, if the electorate approves the continuation of an appointed Board of Education in May 2004 pursuant to this act. (c) Each member of the Board of Education appointed by the Mayor shall have been, at the time of his or her nomination, an actual resident of the District of Columbia for the l- year period immediately preceding his or her nomination and during that period shall not have claimed residence elsewhere. The appointee shall remain a District resident while a member of the Board of Education. A member shall forfeit his or her office upon failure to maintain the qualifications required by this paragraph. (d) No individual may hold office as a member of the Board of Education and:
(e) Each member of the Board of Education shall have demonstrated knowledge or experience in the fields of education, finance, or business management. (f) The Mayor shall select a president of the Board of Education from among the 5 appointed members of the Board before the first meeting of the Board and no later than June 1, 2000. The Board of Education may employ no more than 3 staff members. The Board of Education shall hold public meetings at least once per month during the school year and additional meetings as the Board may from time to time deem necessary. Meetings of the Board of Education shall be open to the public, except that the Board may, in its discretion, close to the public any meeting concerning any matter but no final policy decision on such matter may be made by the Board of Education in a meeting, or portion thereof, closed to the public. (g} Whenever, before the end of his or her term, a member of the Board of Education dies, resigns, becomes unable or disqualified to serve, or fails to take office, the resulting vacancy shall be filled within 45 days of its occurrence. Any such vacancy shall be filled by the Mayor selecting from a list of 3 names submitted by the Nominating Committee within 30 days of the vacancy's occurrence. Any member appointed in this fashion shall serve until the end of the original term. (h) Members of the Board of Education and the Nominating Committee shall not be personally liable in damages for any official action of the Board performed in good faith in which the members participate; nor shall any member be liable for any costs that may be taxed against them or the Board as a result of any such official action by them as members of the Board. Such costs shall be charged to the District of Columbia and paid as other costs are paid in suits brought against the District. Neither the Board of Education nor its members shall be required to give any supersedes bond or security for costs or damages on any appeal resulting from official Board actions. Sec. 4. Duties of the Board of Education. (a) The Board of Education's policymaking authority is limited to:
(b) The Board of Education may not require that any contract, purchase order, or change order be submitted to the Board for approval. Sec. 5. Nominating Committee. (a) As soon as feasible after the enactment of this act, the Mayor shall appoint a Board of Education Nominating Committee consisting of 9 members. As soon as possible thereafter, the Nominating Committee shall then submit a list of 15 candidates for membership on the Board of Education to the Mayor. If the Nominating Committee fails to submit a list of qualified candidates, the Mayor may appoint any or all 5 members of the Board of Education so long as the requirements set forth in section 3 of this act are met. (b) The 9-member Nominating Committee shall consist of:
(c) Except as provided in this act, the term of office of a member of the Nominating Committee shall be 4 years. (d) Members of the Nominating Committee may serve 2 terms and may receive reimbursement for any expenses incurred in conducting the business of the Nominating Committee. (e) The term of office of a member of the Nominating Committee appointed in the year 2000 shall expire on January 1, 2003. The Mayor may re-appoint any or all of the then- members of the Nominating Committee or may appoint a new Nominating Committee to assist in the selection of one or more new members of the Board of Education. The members of the Nominating Committee selected on or after January 1, 2003, shall serve for 4 years, if the electorate approves the continuation of an appointed Board of Education in May 2004. (f) Each member of the Nominating Committee shall have been, at the time of his or her nomination, an actual resident of the District of Columbia for the 1-year period immediately preceding his or her nomination and during this period shall not have claimed residence elsewhere. A member shall forfeit his or her office upon failure to maintain the qualifications required by this subsection. (g) No individual may be a member of the Nominating Committee and hold an elective office in the District of Columbia other than delegate or alternate delegate to a convention of a political party nominating candidates for the President and Vice-President of the Untied States. A member shall forfeit his or her office upon failure to maintain the qualifications required by this subsection. Sec. 6. Appointment of the Superintendent of Schools. The Mayor shall appoint a Superintendent of Schools to serve as the chief operating officer for the public schools and to implement the policies adopted by the Board of Education. Sec. 7. Rulemaking Authority. The Mayor shall have rulemaking authority to implement the provisions of this act. Sec. 7. Sunset Provision. This act shall be subject to a second referendum vote on the same day as residents of the District of Columbia vote in the Presidential primaries in the year 2004. If at that time the electorate chooses to return to the system for elected members of the Board of Education that existed prior to the enactment of this act in which the members of the Board of Education are elected, this act shall expire and the members of the Board of Education in office at that time shall complete their terms on December 31, 2004. If the electorate chooses to return to an elected Board of Education, then the provisions of the District of Columbia Elected Board of Education Act (82 Stat. 101; D.C. Code §1-1101 et seq.) shall govern the election of such board absent subsequent superseding legislation. Sec. 8. This act shall take effect immediately following ratification by a majority of the registered qualified electorate in the District of Columbia voting in a referendum held for such purpose in May 2000 and a 35-day period for Congressional review, as provided in section 303 of the District of Columbia Home Rule Act and publication in the District of Columbia Register. Sec. 9. This act shall expire upon the adoption of a charter amendment submitted and adopted in a referendum by a majority of the electorate that restores the language of sections 452 and 495 of the District of Columbia Home Rule Act, effective December 24, 1973 (87 Stat. 820; D.C. Code §31-101 et seq.) as originally adopted. Sec. 10. Conforming amendments. (a) The District of Columbia Elected Board of Education Act (82 Stat. 101; D.C. Code §31-101 et seq.) is repealed. (b) An Act To fix and regulate the salaries of teachers, school officers, and other employees of the board of education of the District of Columbia (34 Stat. 316, ch. 3446, D.C. Code §31-101 et seq.) is repealed. (c) The District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Code §1-1301 et seq.), is amended as follows:
Sec. 11 Fiscal impact statement. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602 (c) (3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233 (c)). Sec. 12. This act shall take effect following approval by the Mayor (or in the event of a veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203 (a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3 (a)), a 30-day period of Congressional review as provided in section 602 (c) (1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1233 (c) (1)), and publication in the District of Columbia Register. |
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