Omnibus  Board of Education and D.C. Public Schools Restructuring Act of 2004
Bill 15-723 [substitute measure to be introduced by Councilmember Jack Evans]

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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 clarify the role of Board of Education; to provide for a transition between the current Board of Education and the new 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 24 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 28 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of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.52) is repealed.

(2) If the provisions of section 352 of the "District of Columbia Board of Education Budget Submission Amendment Act of 2003", signed by the Mayor on November 13, 2003 (D.C. Law 15-039) take effect after the effective date of this title, then: (1) subsection (a) (1) of this section shall be revised to add," Section 452 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code §1-204.52), as amended by the District of Columbia Board of Education Budget Submission Amendment Act of 2003 (D.C. Law 15-039), is repealed.".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of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 820; D.C. Official Code § 1-204.95) is repealed.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 13 2004" shall be applicable upon the enactment of sections 102 and 103 of this title into 14 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. Sunset Provision.

On or before January 2, 2013, the Mayor and the Council of the District of Columbia shall determine whether the District of Columbia Public Schools have made substantial improvement in the academic performance of students and the development and maintenance of adequate educational facilities. The Mayor and the Council shall certify in writing their determination in this regard. If the Mayor and the Council certify in writing that such improvement has occurred, they shall consider the feasibility of reverting to the all-elected D.C. Board of Education governance structure that was in effect before the adoption of the School Governance Charter Amendment Act of 2000, effective July 7, 2000 (D.C. Law 13-159; D.C. Official Code § 1-204.95).

Sec. 106. 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 14   2004".

Sec. 202. The Council may create a state education agency and may delegate to this agency the following responsibilities:

(1) Issuing rules to establish requirements to govern acceptable credit to be granted for studies completed at independent, private, public, and public charter schools and private instruction;

(2) Prescribing minimum amounts of instructional time for all schools in the District, including public, public charter, and private schools;

(3) Determining the content of basic standards used to assess all public school students where such assessments are required by law; and

(4) Any other responsibilities not inconsistent with this act.

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. Clarification of the role of the Board of Education. 

Sec. 301. Short title.

This act may be cited as the District of Columbia Board of Education Clarification Act of 2004".

Sec. 302. Board membership.

(a)(1) There is established an Board of Education consisting of 9 members, one elected from each of the eight 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 Section 1-1011.01) and one elected at-large as the president of the Board. All members shall commence their initial terms of office on January 2, 2005.

(2) The election of the members of the Board of Education shall be conducted on a nonpartisan basis and in accordance with the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code §1-1001.01 et seq.).

(b (1) Except as provided in paragraph (2) of this subsection, the term of office of a member of the Board of Education shall be 4 years.

(2) Of the members of the Board of Education first elected after the date of the enactment of this act, 4 members elected from wards 1, 2, 3, and 4 shall serve an initial term of two years, ending noon January 2, 2007. The 4 members elected from wards 5, 6, 7, and 8 and the at-large member shall serve an initial term of 4 years, ending noon January 2, 2009.

Sec. 303. Functions of the Board.

The 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 Mayor shall accord great weight to the advice that the Board of Education provides on these subjects. The Board of Education shall meet with the Mayor monthly and shall otherwise 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 of Education'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 New 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 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.). 

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:

(1) Responsibility for adequately educating all students enrolled within its schools and or learning centers consistent with District wide standards of academic achievement;

(2) Operations of public schools in the District of Columbia;

(3) Establishment of policies and guidelines for the hiring of personnel;

(4) Procurement of goods and services necessary to carry out the purposes of this act;

(5) Responsibility for negotiations with employee labor organizations; and

(6) Preparation and submission to the Mayor of the annual budget for the District of Columbia Public Schools.

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) Ensure that all 3 and 4 year olds in the District of Columbia Public Schools are adequately prepared for entry and achievement in the District of Columbia's Public School kindergarten program;

(b) Ensure that District of Columbia Public Schools have a uniform reading and mathematics curriculum for students in kindergarten through the 8th grade.

(c) Ensure that all 3rd graders are able to read independently and to understand the fundamentals of mathematics upon being promoted to the 4th grade; and all 8th graders are able to read at or above grade level and are exposed to pre-algebra concepts in prapartion [sic] for entry into high school.

(d) 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;

(e) 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

(f) 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. Notwithstanding any other provision of law, the Mayor shall not submit to the Council for approval any collective bargaining agreement for employees of the District of Columbia Public Schools that includes any subject matter other than salaries, wages, and personnel benefits.

Sec. 507 [sic]. 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 expended balances of appropriations, allocations, and other funds available or to be made available to the Charter-related 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:

"(13) The term "independent agency" means any board or commission of the District of Columbia government not subject to the administrative control of the Mayor, including, but not limited to, the Board of Trustees of the University of the District of Columbia, the Board of Library Trustees, the Armory Board, the Board of Elections and Ethics, the Public Service Commission, the Zoning Commission for the District of Columbia, the Public Employee Relations Board, the District of Columbia Retirement Board, and the Office of Employee Appeals. For the purposes of this chapter, the Council of the District of Columbia shall be considered an independent agency of the District of Columbia. For the purposes of subchapter XXVIII of this chapter, the Washington Metropolitan Area Transit Commission shall be considered an independent agency of the District.".

(b) Section 301 (q) (D.C. Official Code § 1-603.01 (q)) is amended as follows:

(A) Strike the word "and" at the end of paragraph (51).

(B) Strike the period at the end of paragraph (52) and insert the phrase ": and" in its place.

(C) A new paragraph (53) is added to read as follows:

"(53) District of Columbia Public Schools.".

(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:

"(p) The Chancellor of the District of Columbia Public Schools shall exercise procurement authority to carry out the purposes of D.C. Public Schools, including contracting and contract oversight, consistent with the other provisions of this act.".

(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:

(1) Section 2 (D.C. Official Code § 38-103) is amended to strike the words "The Board of Education" and to substitute in lieu thereof the phrase "the Chancellor of the District of Columbia Public Schools".

(2) The following language in section 3 (D.C. Official Code § 38-105) is repealed:

"The Board shall appoint Superintendent for all the public schools in the District 16 of Columbia, who shall hold said office for a term of 3 years and who shall have the direction of and supervision in all matters pertaining to the instruction in all the schools under the Board of Education. He shall have a seat on the Board and the right to speak on all matters before the Board, but not the right to vote. The Board of Education is authorized to delegate any of its authority to the Superintendent. The Superintendent is authorized to redelegate any of his or her authority subject to the approval of the Board.".

(3) The following language in section 3 (D.C. Official Code § 38-106) is repealed:

"The Board shall have power to remove the Superintendent at any time for adequate cause affecting his character and efficiency as Superintendent".

(4) Section 14, as added by section 3 of the Board of Education Real Property Disposal act of 1990, effective September 11, 1990 (D.C. Law 8-158; D.C. Official Code §38-156) is amended by striking the phrase "The Board of Education, upon the approval of the Mayor, and with the consent of the Council by resolution," and substituting in lieu thereof the words "The Mayor, with the consent of the Council by resolution,".

(d) [Sic] 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:

"The Chancellor of the District of Columbia Public Schools is authorized to accept the resignation or the application for retirement of any employee, to grant leave of absence to any employee, to extend or terminate any temporary appointment, and to make all changes in personnel and appointments growing out of such resignation, retirement, leave of absence, termination of temporary appointment, or caused by the decease or suspension of any employee.".

(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:

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

"(a) Hereafter, the Chancellor of the District of Columbia Public Schools shall annually compile an accurate and verifiable report on the positions and employees in the public schools system in the District. The first such annual report shall be verified by independent auditors.".

(2) Subsection (d) (1) is amended to read as follows:

"(d) (1) Not later than October 1, 1994, and each succeeding year or within 15 calendar days after the date of the enactment of the District of Columbia Appropriations Act for the fiscal year beginning on such October 1 (whichever occurs first), the Mayor shall submit to Congress and to the Council of the District of Columbia, a revised appropriated funds operating budget for the public school system of the District for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures.".

(3) Subsection (e) is amended to read as follows:

"(e) On August 1 of each year, starting in 2000, the Chancellor of the District of 14 Columbia Public Schools shall report to the Mayor and the Mayor shall forward to the Council the following information to serve as a measure of improvement in the District of Columbia Public Schools:

(1) Standardized test scores by school and grade level for the preceding school year;

(2) Drop out rate in the preceding school year;

(3) Average daily attendance rate for the preceding school year by school for all junior, middle and senior high schools;

(4) Number of safety incidents by school and type for the preceding school year;

(5) Teacher and principal turnover rate for the preceding 12 months and the top 3 reasons for departures;

(6) Teacher and principal evaluation ratings for the preceding 12 months;

(7) Scores on tests used for certification and college grade point average for teachers hired in the preceding 12 months;

(8) Number and proportion of students whose parents or other caregiver attended one or more parent-teacher conference by school and grade level during the preceding school year; and

(9) Number and percent of graduates who entered college during the previous 12 months.

(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 of1986, 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.