Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004
Bill 15-723 [as introduced by Councilmember Chavous and passed by the city council]

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend An Act To fix and regulate the salaries of teachers, schools officers, and other employees of the board of education of the District of Columbia to sunset the hybrid Board of Education by January 2, 2007, to establish a board structure in which board members are elected from each ward and the president is elected at-large, to provide that the terms of the 2 board members appointed for terms to begin December 15, 2004 shall expire at noon January 2, 2007, to provide that the terms of the 2 members of the Board of Education elected in 2004 from School Districts III and IV shall expire on January 2, 2007; and to amend the District of Columbia Election Code of 1955 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 Amendment Act of 2004".

Sec. 2. Section 2 of An Act To fix and regulate the salaries of teachers, schools officers, and other employees of the board of education of the District of Columbia, approved June 20, 1906 (34 Stat. 316; D.C. Official Code § 38-101), is amended to read as follows: 

(a) Subsection (a) is amended to read as follows:

"(a)(1) Beginning July 7, 2000, and ending at noon January 2, 2007, the Board of Education shall consist 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. 

"(2) Beginning July 7, 2000, and ending at noon January 2, 2007, the 4 school districts for the election of Board members pursuant to paragraph (1) of this subsection, shall be comprised of the 8 election wards created pursuant to section 2 of the Boundaries Act of 1975, effective December 16, 1975 (D.C. Law 1-38; D.C. Official Code § 1-1011.01), as follows: 

"(A) Wards 1 and 2 shall comprise School District I;  

"(B) Wards 3 and 4 shall comprise School District II;  

"(C) Wards 5 and 6 shall comprise School District III; and 

"(D) Wards 7 and 8 shall comprise School District IV. 

"(3) Beginning January 2, 2007, the Board of Education shall consist of 9 members. One member shall be elected from each of the 8 school election wards established pursuant to section 2 of the Boundaries Act of 1975, effective December 16, 1975 (D.C. Law 1-38; D.C. Official Code §1-1011.01), and one member shall be elected at-large as President of the Board. 

(b) Subsection (b) is amended as follows:

(1) Paragraph (1) is amended by striking the phrase "paragraph (3)(C) and (3)(D)" and inserting the phrase "paragraph (3)(C), (E) and (F)" in its place. 

(2) Paragraph (3) is amended as follows: 

(A) Subparagraph (A) is amended to read as follows: 

"(A)(i) The term of office of a member of the Board of Education elected in a general election shall commence on January 2 of the year following the election. The term of office of an incumbent member of the Board shall expire at noon January 2 of the year following the general election.

"(ii) The term of a member elected from a school district or appointed pursuant to subsection (a)(1) of the section shall expire at noon January 2, 2007.".

(B) Subparagraph (D) is repealed.

(C) New subparagraphs (E) and (F) are added to read as follows:

"(E)(i) The 2 members of the Board of Education elected in 2004 from School Districts III and IV, shall serve through January 2, 2007.

"(ii) The 2 members of the Board of Education appointed by the Mayor and confirmed by the Council for terms to begin on December 15, 2004, shall serve through January 2, 2007.

"(F) The initial terms of the members of the Board of Education elected in the general election in November 2006 shall be as follows:

"(i) The 4 members elected from wards 1, 3, 5, and 7 shall serve 2-year terms, ending at noon January 2, 2009;

"(ii) The 4 members elected from wards 2, 4, 6, and 8 shall serve 4-year terms, ending at noon January 2, 2011; and

"(iii) The member elected at-large as President of the Board shall serve a 4-year term, ending at noon January 2, 2011.".

(c) Subsection (c)(1) is amended by inserting the phrase "or ward" after the phrase special school district".

(d) Subsection (f) is amended by striking the phrase "subsection (b)(3)(C)" and inserting the phrase "subsection (b)(3)(C) and (E)" in its place.

Sec. 3. Section 8(n) of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code §1-1001.08(n)), is amended by inserting the phrase "or ward" after the phrase "school district" wherever it appears.

Sec. 4. Fiscal impact statement.

Sec. 5. Budget Submission

The Board of Education shall approve an annual budget for submission to the Council that is consistent with the goals and objectives established by the Board of Education for the operation of the public schools of the District of Columbia. The Board shall prepare and execute a performance based budget on an annual basis. The budget prepared by the Board shall have its operations organized by major programs, which in turn will be composed of activities and services. The budget submitted by the board shall allocate all monies by activities and object class. The DCPS submission shall also include a presentation that specifies the monies budgeted for each school. This presentation shall specify the funds available to each school for which the decision to spend is made by the school's local school restructuring team, and shall specify other responsibility center funds the spending of which directly benefit local schools (e.g., for textbooks, substitute teachers, transportation, maintenance/engineers, nurses, teachers salaries, etc.), so that the Council and the public may know the totality of funds, goods and services that will be provided to the local schools directly. 

Sec. 6. Financial Management Reform Plan.

The Superintendent of Schools shall develop a Financial Management Reform Plan ("Reform Plan") which shall include the following: 

(1) Measurable goals; 

(2) Timeline for deliverables; 

(3) Roles and responsibilities of all District agencies that provide financial management related services; 

(4) Proposed statutory and regulatory amendments to approve the budget process; 

(5) Targeted savings activities for the next 2 fiscal years; and, 

(6) Review and input from Task Force members. 

Sec. 7. Financial Management Task Force

(a) There is established a Financial Management Task Force ("Task Force") with the purpose of serving as a collaborative body of District agencies that will monitor, support, and implement financial management reform within the District of Columbia Public Schools.

(b) Functions.

Specific functions of the Task Force shall include the following:

(1) Within 60 days of the approval of the Board of Education adopt by a majority vote the Financial Management Reform Plan developed pursuant to section 6;

(2) Convene monthly, or more frequently as deemed necessary and appropriate, to report on the progress of, identify obstacles to, and recommend amendments to the Reform Plan;

(3) Identify ways that better coordinate and improve financial management service delivery;

(4) Monitor the Financial Management Reform Plan, developed by the Superintendent for the District of Columbia Schools and approved by the Board of Education for the District of Columbia, to ensure that the Reform Plan is executed in an appropriate and timely manner; and

(5) Determine specific savings targets for Fiscal Year 2005 and beyond.

(c) Composition of the Task Force.

(1) The Task Force shall be comprised of the following 8 members, or designees thereof:

(A) The Mayor of the District of Columbia;

(B) The Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia;

(C) The Chair of Committee of Finance and Revenue for the Council of the District of Columbia;

(D) The President of the Board of Education;

(E) The District of Columbia Public Schools Superintendent;

(F) The State Education Officer of the District of Columbia;

(G) The Chief Financial Officer for the District of Columbia; and (H) The Chief Financial Officer for the District of Columbia Public Schools.

(2) The following shall serve as advisory, nonvoting members of the Task Force:

(A) All the members of the Council's Committee on Education, Libraries and Recreation;

(B) The department head or designee of the Office of Financial Management;

(C) The department head or designee of the Committee on Financial Management and Student Services for the Board of Education;

(D) The department head or designee of the Office of Corporation Counsel, and

(E) The representative of the State Advisory Panel on Financial Management in the District of Columbia;

(3) The Task Force shall be co-chaired by the Mayor and the Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia.

(4) The Director of the State Education Office shall provide staffing for the Task Force.

(d) Memorandum of Understanding.

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council 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.