Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004
Bill 15-723 [second substitute draft bill circulated by Mayor Williams for discussion]

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April 30, 2004

The Honorable Kevin P. Chavous 
Councilmember
District of Columbia Council 
1350 Pennsylvania Avenue NW 
Suite 402
Washington, DC 20004

Dear Councilmember Chavous:

Attached for your review is a draft revision of the "Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004". This proposal enhances the policy making role of the Board of Education while also restructuring and improving the operational management of DC Public Schools. It also incorporates many aspects of your proposed State Education Office Amendment Bill, which builds a state oversight function in the District, an issue that you have championed over the years.

I urge you and the Council to assist in further dialogue on this bill, which I understand will not be considered on May 4th as originally anticipated.

I look forward to working with you to find the best and most effective governance structure for improvement in our public schools.

Sincerely,
Anthony A. Williams 

Attachments

Copy: The Honorable Linda W. Cropp, Chairman, District of Columbia Council 
Members of the District of Columbia Council

D-R-A-F-T

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 establish the Board of Education as a state-level Board; to amend provisions regarding the State Education Office; 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 establish an Office of the Ombudsman; to abolish local school chartering authority and to transfer all chartering authority to the federally created chartering authority; to establish a school governance transition committee; 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.

(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 law by the United States Congress.

(b) Titles II through VI 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. 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. Revisions regarding the Board of Education.

Sec. 201. Short title.

This act may be cited as the "District of Columbia Board of Education 2 Amendment Act of 2004".

Sec. 202. Board membership.

(a) (1) There is hereby established a State Board of Education ("State Board") consisting of 11 members and composed as follows: 8 elected members representing each of the eight election wards of the District of Columbia, and 3 members, including the Chair who shall be appointed by the Mayor.

(2) A majority vote shall be required for the passage of all official actions of the State Board. The Chairman's vote must be part of the majority vote.

(3) The election of members to the State Board shall be conducted on a nonpartisan basis 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 an elected member of the State Board shall be 4 years. The Mayor shall, by order, establish the terms for the 2 appointed members.

(2) Of the members of the State Board first elected after the date of the enactment of the District of Columbia Board of Education Amendment Act of 2004, 4 members elected from wards 1, 2, 3, and 4 shall serve a shorter initial term, ending on noon of January 2nd of the year that is at least 2 years after the effective date of the District of Columbia Board of Education Amendment Act of 2004. The 4 members elected from wards 5, 6, 7, and 8 shall serve an initial term of 4 years ending on noon of January 2nd of the year that is at least 4 years after the effective date of the District of Columbia Board of Education Amendment Act of 2004.

Sec. 203. Functions of the Board.

(a) The State Board of Education shall oversee and control the operations of the State Education Office established by the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2601 et seq.). The State Education Office shall serve as implementing agency for the Board of Education.

(b) The Board shall have authority over the following state- level functions, which shall serve as minimum requirements for any local educational agency operating lawfully in the District of Columbia:

(1) Establishing educational policies affecting students enrolled in public, public charter, and private schools, early childhood development centers, and those who are home schooled within the District of Columbia. These polices include:

(A) Statewide standards for all educational institutions;

(B) Student achievement goals and guidelines;

(C) Rewards and sanctions for schools' performance; and

(D) Regulations associated with federal standards.

(2) Establishing teacher certification and licensure requirements for principals, teachers, and other instructional employees of the public schools in the District of Columbia and promulgating rules pursuant to title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-501 et seq.), to establish the certification process and procedures;

(3) 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 (including home schooling), pursuant to section 1 of Article II of An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-202) (Attendance Act);

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

(5) Issuing rules regarding enforcement of school attendance requirements for all schools, including public, public charter and private schools, pursuant to section 2 of the Attendance Act (D.C. Official Code § 38-203);

(6) Formulating and promulgating rules for the documentation and verification of District residency for public and public charter school student, pursuant to sections 2 and 3 of An Act To regulate the payment of tuition on account of certain persons who attend the public schools of the District of Columbia, and for other purposes, approved September 8, 1960 (74 Stat. 853; D.C. Official Code §38-302);

(7) Make recommendation to the Mayor and Council for periodic revisions to the Uniform Per Student Funding Formula pursuant to section 112 of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 3822   2911);

(8) Overseeing the functions of the Education Licensure Commission established by Title III of the "Omnibus Board of Education and D.C. Public School Restructuring Act of 2004";

(9) Establishing procedures for the establishment and operation of the Office of State Compliance; and

(10) Performing other duties consistent with the purpose and intent of this title and of the "Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004".

Sec. 204. The Board shall have rulemaking authority to carry out the purposes and functions of this title pursuant to title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-501 et seq.).

Sec. 205. Nothing in this Act shall conflict with the provisions of sections 2201 through 2214 of the District of Columbia School Reform Act of 1995 (D.C. Official Code §§ 38-1802.01 through 38-1802.14), nor prohibit local education agencies from establishing and enforcing operational policies that go beyond its scope.

Sec 206. 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 § 120   206.02 (c) (3)).

Title III. State Education Office Amendments.

Sec. 301. Short title.

This act may be cited as the "State Education Office Amendment Act of 2004".

Sec. 302. The State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2601 et seq.) is amended as follows:

(a) Section 2 (D.C. Official Code § 38-2601) is amended to read as follows: Section 2 (a) (D.C. Official Code § 38-2601 (a)) is amended to read:

"(2) (a) There is re-established, under the State Board of Education, a State Education Office ("SEO").".

"(2) (b) The SEO shall be headed by a State Education Officer ("Officer"), who shall be appointed by the State Board of Education.".

(b) Section 3 (a) (D.C. Official Code § 38-2602 (a)) is repealed.

(c) Section 3 (b) (D.C. Official Code § 3 8-2602 (b)) is amended to read as follows:

"(b) (1) The SEO shall report directly to, and serve as the administrative staff for, the Board of Education established by Title III of the Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004. The State Education Office shall monitor and enforce the policies established by the Board of Education, execute high level policy analysis, perform best practice research, and serve as the pass through agency for federal grants associated with categorical and competitive grants, pursuant to the direction of, and as permitted by, the Board of Education.".

"(b) (2) The functions of the State Education Office shall also include:

(A) Collecting data, including statistical, descriptive, and financial information from the Chancellor of the District of Columbia Public Schools, each eligible chartering authority, as defined by section 2002 (17) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321[226]; D.C. Official Code § 38-1800.02 (17), each independent, private or parochial school, and each teacher who gives private instruction in the District of Columbia;

(B) Using the data collected and other applicable research as it deems appropriate, the SEO shall have the responsibility for reporting annually on the State of Education in the District of Columbia to the State Board of Education for transmittal to the Mayor and the Council. Such report shall include data from public and public charter schools. Annual funding for District public and public charter school shall be directly tied to the timely submission of all data required by the data collection reporting mandates outlined in this section; and

(C) Establishing standards, as approved by the State Board of Education, that define the types of data required to be collected pursuant to subparagraph (A) of this paragraph and procedures for collecting and reporting the data;

(D) Verifying annual fall enrollment counts for all public and public charter schools pursuant to section 2402 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1804.42), and section 702 of the Fiscal Year 1999 Budget Support Act of 1998, approved March 26, 1999 (D.C. Law 12-175; D.C. Official Code § 38-159); and

(E) Providing the State Board with information and data related to the revisions of the Uniform Per Student Funding Formula pursuant to section 112 of the Uniform Per Student Funding Formula for Public Schools and Charter Schools Act of 1998, effective March 26, 199 (D.C. Law 12-207; D.C. Official Code § 38-2911), including the study of actual costs of education in the District of Columbia, consideration of performance incentives created by the formula in practice, research in education and education finance, and public comment.".

(d) A new section 8 is added to read as follows:

"(8) The State Education Office shall include an Office of State Compliance which shall, under the direction of the Board of Education established by Title III of the Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004 receive complaints referred by the Office of the Ombudsman, established by Title V of the Omnibus Board of Education and D.C. Public Schools Restructuring Act of 2004, which concern issues of state or federal compliance.".

Sec. 303. Sections 4, 5, and 6 (D.C. Official Code §§ 38-2603, 38-2604, and 38-2605) are repealed.

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. 

Sec. 401. Short title.

This act may be cited as the "District of Columbia Charter Created Board Transition Act of 2004".

Sec. 402. 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 II 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 8 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, to be known as the Chancellor, 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 Superintendent, 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 preparation 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; 

(f) Execute contracts on behalf of the District of Columbia Public Schools;

(g) Manage the day-to-day operations of the District of Columbia Public Schools;

(h) Implement state policies created by the State Board of Education; and

(i) Establish and enforce an appropriate employee grievance process.

Sec. 506. The Mayor may, by order, delegate the Chancellor to be 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. 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. There is hereby established within the District of Columbia Public Schools an Office of the Ombudsman which shall be headed by an Ombudsman appointed by the Superintendent. The purpose of this Office is to establish an effective, efficient, and fair system for the independent review and resolution (through conciliation, mediation and other dispute resolution techniques) of citizen complaints regarding the programs and employees of the District of Columbia Public Schools.

(a) The Office of the Ombudsman shall:

(1) Be visible and easily accessible to the public;

(2) Promptly and thoroughly investigate claims of misconduct;

(3) Encourage the mutually agreeable resolution of complaints through dispute resolution techniques such as conciliation and mediation where appropriate;

(4) Provide adequate due process protection to employees accused of misconduct;

(5) Provide fair and speedy determinations that certain matters cannot be resolved through dispute resolution techniques;

(6) Render fair and just decisions;

(7) Foster increased communication and understanding and reduce tension between the District of Columbia Public Schools and the public; and

(8) Improve public education service delivery in the District of Columbia.

(b) The Mayor, or his designee, shall have the authority to promulgate rules to implement the provisions of this section pursuant to title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; DC. Official Code § 2-501 et seq).

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. Consolidation of chartering authority

Sec. 601. Short title.

This act may be cited as the "Chartering Authority Consolidation Act of 2004".

Sec. 602. The Public Charter School Board created by 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 abolished. It shall be the responsibility of each public charter school, chartered under the Public Charter Schools Act of 1996, to seek the continuation of its charter pursuant to the provisions of sections 2201 through 2214 of the District of Columbia School Reform Act of 1.995 (D.C. Official Code §§ 38-1802.01 through 38-1802.14).

Sec. 603. The District of Columbia School Reform Act of 1995 is amended by adding new sections 2216 and 2217 to read as follows:

"Sec. 2216. Upon the repeal of the Public Charter Schools Act of 1996, public charter schools chartered under that act may apply to be chartered under the provisions of the District of Columbia School Reform Act of 1995. All public charter schools chartered under the Public Charter Schools Act of 1996 will, upon the repeal of the Public Charter Schools Act of 1996, be deemed to be chartered under the District of Columbia School Reform Act of 1995 for a period of 2 years from the repeal of the District of Columbia School Reform Act of 1995, or their recharter under the District of Columbia School Reform Act of 1995, whichever occurs first. After the expiration of that 2 year period, those schools which have not been rechartered under the District of Columbia School Reform Act of 1995 shall cease to be recognized as a public charter school until they are properly chartered pursuant to the District of Columbia School Reform Act of 1995.

Sec. 2217. The Public Charter School Board established pursuant to section 2214 16 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.14) shall, with respect to the Public Charter Schools Act of 1996, implement the statewide policies set forth therein, and maintain oversight and management of the schools and any special charter provisions of the schools chartered thereunder.".

Sec. 603. 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. School Governance Transition Committee.

Sec. 701. Short title.

This act may be cited as the "School Governance Transition Committee Act of 2004".

Sec. 702. 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, the State Board of Education and the governance thereof. 

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 with expertise in state-level education policy.

Sec. 704. 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. 705. 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. 706. Duties of the Transition Committee

(a) With respect to the DC Public Schools, the Transition Committee shall make recommendations regarding, among other things:

(1) Specific powers duties and/or functions to be delegated to the Chancellor of DCPS;

(2) Transfer of all positions, personnel, property, records and unexpended balances of DCPS from the Board to the Mayor, and the appropriate delegation of such to the Chancellor or other party(ies);

(3) 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.);

(4) 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

(b) With respect to the State Board of Education, the Transition Committee shall 4 make recommendations regarding, among other things:

(1) The organizational structure of the State Board of Education and the State Education Office, based on an analysis of best practices and the unique needs of the District of Columbia

(2) Timeframe for the transition of specific state-level functions from the Charter created Board of Education to the newly established State Board of Education and/or the State Education Office; and

(3) Identified gaps in existing state policies, based on a comprehensive review of current State Education Office or charter created Board of Education policies

(4) Necessary revisions to District law concerning the Charter-created Board of Education, the State Education Office and the District of Columbia Public Schools, as they relate to state-level functions, 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.).

(c) With respect to charter schools, Transition Committee shall make recommendations regarding, among other things:

(1 )The consolidation of public school chartering authority to the federally-created public charter school board created pursuant to the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321, D.C. Official Code § 38-1802.01).

(2) The smooth transition of public charter schools originally approved under the charter created Board of Education to the federally-created public charter school board pursuant to Title VI of this act.

Sec. 707. 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. 708. 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 14 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 1 Superintendent for all the public schools in the District 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 16 § 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) 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 § 38-13 1), 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 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 4 (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 Article II of An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-204) is repealed.

(i) 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".

(j) 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 repealed.

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.