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Chairman Linda W. Cropp at the request of the Mayor A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill, which was referred to the Committee on . To amend the Charter of the District of Columbia to repeal sections 452 and 495 regarding the District of Columbia Board of Education; to maintain the State Education Office; to establish a new Advisory Board of Education; to provide for a transition between the current Board of Education and the advisory Board; to create a subordinate public agency known as the District of Columbia Public Schools and to create a Chancellor of the District of Columbia Public Schools; to establish a school governance transition committee; to transfer local public school chartering authority to the State Education Office; and to make conforming amendments. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004". Title I. Board of Education Charter Provisions. Sec. 101. Short title. This act may be cited as the "District of Columbia Board of Education Charter Amendment Act of 2004". Sec. 102. Repeal of D.C. Board of Education Budget Authority. (a) (1) Section 452 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code §1-204.52) is repealed.
Sec. 103. Repeal of D.C. Board of Education Governance Authority. Section 495 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 820; D.C. Official Code § 1-204.95) is repealed. Sec. 104. Applicability. (a) The " District of Columbia Board of Education Charter Amendment Act of 2004" shall be applicable upon the enactment of sections 102 and 103 of this title into law by the United States Congress. (b) Titles II through V and VIII of the "Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004" shall be effective upon the effective date of Title I of the "Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004". Sec. 105. 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. Official Code § 1-206.02 (c) (3)). Title II. Maintenance of State Education Agency. Sec. 201. Short title. This act may be cited as the "Reauthorization of the State Education Office Act of 2004". Sec. 202. The Council may create a state education agency and may delegate to this agency the following responsibilities:
Sec. 203. Nothing in the Act shall be interpreted as having abolished the State Education Office. Sec. 204. The "Reauthorization of the State Education Office Act of 2004" shall be applicable upon its enactment into law by the United States Congress. Sec 205. 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. Official Code § 1-206.02 (c) (3)). Title III. Establishment of Advisory Board of Education. Sec. 301. Short title. This act may be cited as the District of Columbia Advisory Board of Education Establishment Act of 2004". Sec. 302. Board membership. (a) (1) There is established an Advisory Board of Education consisting of 9 members. Four members shall be appointed by the Mayor and confirmed by the Council. Five members shall be elected. Four of the 5 elected members shall be elected from the 4 school districts created pursuant to paragraph (2) of this subsection. One member shall be elected at-large as the president of the Board.
Sec. 303. Functions of Advisory Board. The Advisory Board of Education shall advise the Mayor on various subject matters including, but not limited to, D.C. Public Schools' curriculum, annual education plan, facilities, personnel, and budget. The Advisory Board of Education shall be limited to one monthly meeting to receive citizen input with respect to issues properly before it. The Mayor shall, by order, specify the Board's organizational structure, staff, budget, operations, compensation or reimbursement of expenses, and other matters affecting the Board's functions. Sec. 304. 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. Official Code § 1-206.02 (c) (3)). Title IV. Transition From Charter Created Board to Advisory Board. The existing Board of Education created by section 452 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-204.95) (hereinafter in this act referred to as the "Charter-created Board of Education") shall continue in effect only until such time as Title III of this act becomes effective and all terms of office of the Charter-Board members shall continue until a successor member is either appointed by the Mayor or elected pursuant to the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.) dependent upon whether the member being replaced was appointed or elected. Title V. Creation of the District of Columbia Public Schools as a Subordinate Agency. Sec. 501. Short title. This act may be cited as the "District of Columbia Public Schools Subordinate Agency Act of 2004". Sec. 502. Pursuant to section 404 (b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 787; D.C. Official Code § 1-204.04 (b)), the agency now known as the District of Columbia Public Schools, and as D.C. Public Schools, is established as a separate cabinet-level agency, subordinate to the Mayor, to be known as the District of Columbia Public Schools. Sec. 503. Mayor's Authority. Except as specifically provided in this act, the Mayor shall have authority over all curriculum, operations, functions, budget, personnel, facilities and other matters, including those stated in section 504 of this title, affecting the District of Columbia Public Schools, but may by order delegate any or all of those functions to the head of the District of Columbia Public Schools as warranted for efficient and sound administration. The Chancellor may, in turn, subdelegate any functions delegated to him. Sec. 504. Purposes of the District of Columbia Public Schools. (a) The District of Columbia Public Schools shall have as its purposes the:
Sec. 505. Appointment and Duties of the Chancellor of the District of Columbia Public Schools. The District of Columbia Public Schools shall be administered by a full-time Chancellor appointed by the Mayor and confirmed by the Council. The Chancellor, who shall report to the Mayor, shall be qualified by experience and training to carry out the purposes of this act. In addition to such other duties as may be lawfully imposed, the Chancellor shall: (a) Serve as the chief executive officer of the District of Columbia Public Schools, organizing the agency for its efficient operation, including creating offices within the agency as necessary and exercising any other powers necessary and appropriate to implement the provisions of District and federal law; (b) In accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), and as authorized by the Mayor, issue and enforce all rules and regulations necessary and appropriate to the proper accomplishment of the duties and functions imposed by this act; and (c) Execute contracts on behalf of the District of Columbia Public Schools. Sec. 506. The Mayor may, by order, delegate the Chancellor as the personnel authority for all employees of the District of Columbia Public Schools with authority to hire, retain, discipline, and terminate personnel consistent with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.). Sec. 507. Independent of the Office of Contracting and Procurement, and by delegation from the Mayor, the Chancellor shall exercise procurement authority to carry out the purposes of the District of Columbia Public Schools, including contracting and contract oversight, consistent with the District of Columbia Procurement Practices Act of 1985, effective April 15, 1997 (D.C. Law 11-259; D.C. Official Code § 2-301.01 et seq.). Sec. 508. Transfer of Positions, Personnel, Property, Records and Unexpended Balances. (a) The provisions of sections (b) through (f) of this section shall apply notwithstanding any law, rule or regulation to the contrary. (b) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Charter-created Board of Education or D.C. Public Schools as it existed prior to the effective date of this act are hereby transferred to the Mayor. (c) All of the functions assigned and authorities delegated to the Charter-created D.C. Board of Education or to D.C. Public Schools as it existed prior to the enactment of Title IV of this act, are hereby transferred to the Mayor. (d) The Mayor is the successor to all statutory authorities, responsibilities, and functions previously performed by, or assigned to, the Charter-created D.C. Board of Education or D.C. Public Schools as it existed prior to the enactment of Title IV of this act, including those involving grants and funding programs, and federal food programs. (e) The Mayor is the successor to all education related authority previously granted to either the Charter-created D.C. Board of Education or D.C. Public Schools as its existed prior to the effective date of this act and is authorized to act, either personally or through a representative, as a member of any committee, commission, board or other body which, as of the effective date of this act includes members from either the Charter-created D.C. Board of Education or D.C. Public Schools as it existed prior to the effective date of this act. (f) The Mayor is authorized to reorganize the personnel and property transferred in this section within any organizational unit of the District of Columbia Public Schools. Sec. 509. 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. Official Code § 1-206.02 (c) (3)). Title VI. School Governance Transition Committee. Sec. 601. Short title. This act may be cited as the "School Governance Transition Committee Act of 2004". Sec. 602. Within thirty (30) days of the effective date of this act, the Mayor shall establish a School Governance Transition Committee (hereinafter referred to in this section as the "Transition Committee"), the primary purpose of which will be to ensure a smooth transition to the newly established District of Columbia Public Schools and the governance thereof. The Transition Committee shall review the state of the newly established District of Columbia Public Schools and make recommendations for change, in the form of a written report, to the Mayor. Sec. 603. The Transition Committee shall be chaired by the Mayor or his delegee. In addition to the chairman, the Transition Committee shall be composed of thirteen (13) members, selected by the chair, with expertise in the areas of education (particularly school reform), business management, public policy and finance. The Transition Committee shall include the following individuals or their designees: the chair of the education committee from the Council of the District of Columbia, the State Education Officer, the Chief Financial Officer, a superintendent from an urban school district, a former member of the Charter-created D.C. Board of Education , an attorney with expertise in matters affecting the District of Columbia Public Schools and public education in the District, a labor representative, a parent and /or community representative, a public charter school representative, two private/corporate sector representatives; two individuals appointed by the Mayor from either the Mayor’s Cabinet or from another area of expertise. Sec. 604. Any vacancies which occur in the membership of the Transition Committee shall be replaced from the same constituency as that represented by the member creating the vacancy. Sec. 605. The members of the Transition Committee shall serve without compensation, except that they may receive reimbursement for the payment of expenses incurred in the performance of their duties for the Transition Committee. Sec. 606. The Transition Committee shall make recommendations regarding, among other things: (a) Specific powers duties and/or functions to be delegated to the Chancellor (b) Transfer of all positions, personnel, property, records and unexpended balances from the Board to the Mayor, and the appropriate delegation of such to the Chancellor or other party(ies) (c) Necessary revisions to District law concerning the Charter-created Board of Education and the District of Columbia Public Schools, especially those now codified at Title 38 of the D.C. Official Code regarding education, and in Title I of the D.C. Official Code as part of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.); (d) Proposals, and time frames, for creating a smooth transition within the newly established District of Columbia Public Schools. Until such time as necessary revisions are made to other appropriate District laws regarding education, the term "Superintendent" shall be read as "Chancellor" and the terms "Board of Education" or "Board" shall be read as "Mayor."; and (e) The transfer of public school chartering authority to the State Education Office (SEO), including a potential consolidation or transfer of such authority. Such recommendation would be developed in conjunction with any other reviews and analysis of SEO restructuring. Sec. 607. The Transition Committee's report, in the form of a transition plan, shall be provided to the Mayor within 120 days of the Transition Committee's establishment. The Transition Committee shall be dissolved by the Mayor after his receipt and review of its report. Sec. 608. 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. Official Code § 1-206.02 (c) (3)). Title VII. Transfer of chartering authority to State Education Office. Sec. 701. Short title. This act may be cited as the "State Education Office Amendment Act of 2004". Sec. 702. The State Education Office is successor to all statutory authorities, responsibilities and functions related to the establishment and oversight of public charter schools previously performed by or assigned to the Charter-created D.C. Board of Education, as of the effective date of this act. Sec. 703. 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. Official Code § 1-206.02 (c) (3)). Title VIII. Conforming Amendments. Sec. 801. Section 301 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.) is amended as follows: (a) Section 301 (m) (13) (D.C. Official Code § 1-603.01 (13)) is amended to read as follows:
(b) Section 301 (q) (D.C. Official Code § 1-603.01 (q)) is amended as follows:
(c) Section 320 of the District of Columbia Procurement Practices Act of 1985, effective April 15, 1997 (D.C. Law 11-259; D.C. Official Code § 2-303.20) is amended by adding a new subsection (p) to read as follows:
(d) 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, approved June 20, 1906 (34 Stat. 317, ch. 3446; D.C. Official Code § 38-101 et seq.) is amended as follows:
(d) Section 1 of An Act To authorize appointment of public-school employees between meetings of the Board of Education, approved April 22, 1932 (47 Stat. 134, ch. 131; D.C. Official Code § 38-131), is amended to read as follows:
(e) Section 143 (a), (d) and (e) of the District of Columbia Appropriations Act, 1995, approved September 30, 1994 (108 Stat. 2594; D.C. Official Code § 38-154 (a), (d) and (e)) is amended as follows:
(f) Section 2 of the District of Columbia Board of Education School Seal Act of 1978, effective August 2, 1978 (D.C. Law 2-96; D.C. Official Code § 38-155), is amended by striking the phrase "Board of Education of the District of Columbia" and insert in lieu thereof the words "the Mayor". (g) Section 1203 of the Budget Support Act of 1995, effective March 5, 1996 (D.C. Law 11-98; D.C. Official Code § 38-157), is amended by striking the phrase "District of Columbia Board of Education" wherever it appears in substituting in lieu thereof the words "the District of Columbia Public Schools". (h) Section 3 of the District of Columbia Public School Support Initiative of 1986, effective February 17, 1988 (D.C. Law 7-68; D.C. Official Code § 38-917), is amended by striking the phrase District of Columbia Board of Education, or, Board of Education, wherever they appear, and substituting in lieu thereof the phrase "the District of Columbia Public Schools". (i) The Public Charter Schools Act of 1996, effective May 29, 1996 (D.C. Law 11-135; D.C. Official Code § 38-1701.01 et seq.), is amended to substitute the words "State Education Office" in lieu of the word "Board" wherever it appears. Title IX. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action to override the veto), 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. Official Code § 1-206.02 (c) (1)), and publication in the District of Columbia Register. FACT SHEET:
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