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Councilmember Kevin P. Chavous
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend, on an emergency basis, 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,
2009; to re-establish and provide for a transition to a board structure in which 8 board
members are elected from each ward, and one member is elected at-large, and the president
is selected by and from among the 9 board members; to provide that all Board member
terms shall expire on January 2 of the appropriate year; to provide that the terms of the
2 board members appointed for terms to begin January 2, 2007 shall expire at noon January
2, 2009; to provide that the terms of the 2 members of the Board of Education elected in
2006 from School Districts III and IV, and the President elected in 2006, shall expire
on January 2, 2009; 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 "Board of Education
Continuity and Transition Emergency Amendment Act of 2004".
Sec. 2. 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 et seq.),
is amended as follows:
(a) Section 2 is amended as follows:
(1) Subsection (a) is amended to read as follows:
"(a)(1) Beginning July 7, 2000, and ending at noon
January 2, 2009, 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, 2009, 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, 2009, 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. The Board shall select its President from
among the 9 members of the Board.".
(2) Subsection (b) is amended as follows:
(A) 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, and by striking
the phrase "including the President" and inserting the
phrase "including the at-large member" in its place.
(B) Paragraph (3) is amended as follows:
(i) 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 this
section shall expire at noon January 2, 2009.".
(ii) Subparagraph (D) is repealed.
(iii) New subparagraphs (E) and (F) are added to read as
follows:
"(E)(i) The 2 members of the Board of
Education elected in 2006 from School Districts III and IV, and the President
elected in 2006, shall serve through January 2, 2009.
"(ii) The 2 members of the Board of Education
appointed by the Mayor and confirmed by the Council for terms to
begin January 2, 2007, shall serve through January 2, 2009.
"(F) The initial terms of the members of the
Board of Education elected in the general election in November 2008 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, 2011; and
"(ii) The 4 members elected from wards 2, 4, 6
and 8, and the member elected at-large, shall serve 4 year terms,
ending at noon January 2, 2013.".
(3) Subsection (c)(1) is amended by adding the
phrase "or ward" after the phrase special school district".
(4) 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 adding the phrase "or ward" after the phrase "school
district" wherever it appears.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of
the Budget Director 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
§ 1-233(c)(3)).
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),
and shall remain in effect for no longer than 90 days, as provided for emergency acts of the
Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
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