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Summary of the "District of Columbia Public
Education Reform Amendment Act of 2007"
Title I Establishment of Mayoral
Accountability for the District of Columbia Public Schools
- Establishes DCPS as subordinate
agency under the Mayor
- Mayor appoints Chancellor,
confirmed by Council
- Establishes Dept. of Education,
headed by Deputy Mayor for Education
Title II Board of Education Charter
Amendment
- Amends Home Rule Act to require
Mayor to submit DCPS budget to Council for approval
- Repeals Home Rule Act provision
creating Board of Education .
Title III State Education Agency
Functions and Responsibilities
- SEO is the Chief State School
Officer for the District
- Transfers all state-level
education functions to the SEO, including federal grants, early
childhood education, adult education, standards
- Requires transition plan to be
submitted to Mayor and Council w/in 90 days; transition to begin by new fiscal year
(Oct. 1)
Title IV Establishment of State Board
of Education
- Establishes a State Board of
Education, transferring the current Board of Education (members and
terms) - maintains hybrid Board until 2009, then goes to all-elected
- State Board advises Chief State
School Officer on state education policy issues for all LEAs in
District
- State Board has policy-approval
authority over state standards and NCLB state accountability plan,
including cut scores
Title V Creation of Integrated
Services Model
- Establishes an Interagency
Collaboration and Services Integration Commission, made up of agency
heads from every agency dealing w/ child services, including public
safety & justice, health, human services
- Landmark initiative based on an
effective model used in other jurisdictions that focuses on
evidence-based program delivery for multiply at-risk children - will
enable the District to break down the `silos' of the District
government like never before, creating a mechanism by which agencies can collaborate and work
together
- Key components of the model
include the use of data to identify and assess children served by
District agencies; the sharing of resources to provide evidence-based
programs, and the evaluation of results
Title VI Creation of Office of
Ombudsman for Public Education
- Establishes Office of Ombudsman
for Public Education - will be housed in Dept. of Education
- Encourages communication from
residents regarding P-20 education and will serve as single source for complaint
resolution
- Maintains database to track and
identify systemic concerns for faster resolution
Title VII Creation of Public Education
Facilities Management and Construction Authority
- Establishes independent authority
for school facilities management and construction, w/ CEO appointed by
Mayor w/ Council confirmation
- Independent authority to manage
funds, establish public-private partnerships, procurement
- Cannot dispose of/sell District
property - must go through normal disposition procedures
Title VIII Charter School
Accountability and School Reform Act Amendments
- Amends School Reform Act to allow
charters under BOE to become charters under PCSB, allow for poor
academic performance as reason for charter revocation, and require
performance reviews every 3 years instead of 5
- Makes SEO a `back-up' authorizer,
by appeal only - serves as a check-and-balance on the one authorizer,
PCSB
- Repeals Public Charter Schools Act
(District charter law)
Title IX Conforming Amendments
Title X Fiscal Impact; Effective Date
Chairman Vincent C. Gray at the request of the Mayor
A BILL IN THE COUNCIL OF THE DISTRICT OF
COLUMBIA
Chairman Vincent C. Gray, at the
request of the Mayor, introduced the following bill, which was referred to the Committee
of the Whole.
To establish the District of Columbia
Public Schools as a cabinet-level agency subordinate to the Mayor, to create a
Chancellor of the District of Columbia Public Schools, and to establish a
District of Columbia Department of Education headed by a Deputy Mayor for
Education; to amend the Charter of the District of Columbia to amend section 452
regarding the District of Columbia Public Schools Budget and repeal section 495
regarding the District of Columbia Board of Education; to transfer and assign
state-level education agency functions to the State Education Office; to establish
a new State Board of Education; to create an Interagency Collaboration and
Services Integration Commission to address the needs of at-risk children by reducing
juvenile and family violence through a comprehensive integrated service
delivery system; to create an Office of Ombudsman for Public Education to
serve as a communication and problem resolution mechanism for residents
regarding issues related to public education in the District; to create a Public
School Facilities Management and Construction Authority to manage the District of
Columbia Public Schools facilities and to implement maintenance, repair,
renovation, construction, and modernization projects for school facilities; to
amend the District of Columbia School Reform Act of 1995 to enable existing public
charter schools authorized under the Public Charter Schools Act of 1996 to become
charters without a petition, to establish the State Education Office as a
charter authorizer by way of appeal in both the
petitioning and charter revocation
phases, to require performance reviews of public charter schools every three
years, and to clarify that a school chartering authority may revoke a school charter
for insufficient academic performance; to repeal the Public Charter Schools Act
of 1996; and to make conforming amendments.
BE IT ENACTED BY THE COUNCIL OF THE
DISTRICT OF COLUMBIA, That this act may be cited as the "District of
Columbia Public Education Reform Amendment Act of 2007".
TITLE I. ESTABLISHMENT OF MAYORAL
ACCOUNTABILITY FOR THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS.
Sec. 101. Short title.
This act may be cited as the
"District of Columbia Public Schools Mayoral 10 Accountability
Reform Act of 2007".
Sec. 102. Pursuant to section 404 (b)
of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
779; 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. 103. Mayor's Authority.
Except as specifically provided in
this act, the Mayor shall have authority over all curriculum, operations, functions,
budget, personnel, labor negotiations and collective bargaining agreements, facilities and
other matters, including those stated in section 104 of this title, affecting the District
of Columbia Public Schools, but may by order delegate any or all of those functions to a
designee, or to the head of the District of Columbia Public Schools,
hereby known as the Chancellor of the District of Columbia Public Schools (“Chancellor”) as
warranted for efficient and sound administration. The Chancellor may subdelegate any
functions delegated to him within the District of 2 Columbia Public
Schools.
Sec. 104. Purposes of the District of
Columbia Public Schools.
The District of Columbia Public
Schools shall have as its purposes:
(1) Educating all students enrolled
within its schools and or learning centers consistent with District-wide
standards of academic achievement established by the
State Education Office;
(2) Operating public schools in the
District of Columbia; and
(3) Performing the functions of a
local educational agency under applicable federal laws for public
elementary and secondary schools under its administrative direction and control.
Sec. 105. 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 with the advice and
consent of the Council, pursuant to section 2(a) of
the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code §
1-523.01(a)). The Chancellor shall report to and serve at the pleasure of the Mayor, and shall be qualified by experience and training
to carry out the purposes of this title. In addition
to such other duties as may be lawfully imposed, the Chancellor
shall:
(1) 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 operate the schools and
implement applicable provisions of District and federal law; and
(2) 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 title.
Sec. 106. The Mayor may, by order,
delegate to the Chancellor 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. 107. The Mayor may delegate to
the Chancellor procurement authority independent of the Office of Contracting and
Procurement 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 February 21, 1986 (D.C. Law 6-85;
D.C. Official Code § 2-301.01 et seq.).
Sec. 108. Transfer of Positions,
Personnel, Property, Records and Unexpended Balances.
(a) The provisions of subsections (b)
through (f) of this section shall apply notwithstanding any law, rule or
regulation to the contrary, except that subsections (b) through (f) shall be subject to
section 304(c) and (d) of the District of Columbia Public Education
Reform Amendment Act of 2007.
(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 Title II of this act
are hereby transferred to the Mayor for the purposes of providing educational services to
residents of the District of Columbia. The primary purpose of any school property or
facility shall remain to fulfill the public education functions of the
District government.
(c) All of the functions assigned and
authorities delegated to the Charter-created D.C. Board of Education or to the D.C.
Public Schools as they existed prior to the enactment of Title II of the District of Columbia
Public Education Reform Amendment Act of 2007, 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 they existed prior to the enactment of Title II of District of Columbia Public Education Reform Amendment
Act of 2007, including those involving grants and funding programs,
and federal food programs.
(e) The Mayor is the
successor to all authority previously granted to either the Charter-created D.C. Board of
Education or D.C. Public Schools as they existed prior to the
enactment of Title II of District of Columbia Public Education Reform
Amendment Act of 2007 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 enactment of Title II of
District of Columbia Public Education Reform Amendment Act of 2007, includes members from either the Charter-created D.C. Board of Education
or D.C. Public Schools as they existed prior
to the enactment of Title II of District of Columbia 2 Public Education
Reform Amendment Act of 2007.
(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.
(g) The Mayor is authorized to reorganize the personnel
and property within the Office of the General Counsel of the District
of Columbia Public Schools and to require that office to report to the
District of Columbia Office of Attorney General.
Sec. 109. Section 2(a) through (f) of
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; D.C. Official Code § 38-101 et seq.) is repealed.
Sec. 110. Establishment of a District
of Columbia Department of Education.
(a) There is established, under the
Office of the Mayor, a District of Columbia 14 Department of Education
(“Department of Education”).
(b) The Department of Education
shall:
(1) Have oversight of the State
Education Office;
(2) Have oversight of the District of
Columbia Public Education Facilities Management and Construction
Authority;
(3) Be responsible for the
supervision of the Office of the Ombudsman for Public Education;
(4) Be responsible for the planning,
coordination, and supervision of all public education and
education-related activities of the District Government, including development and support of programs to
improve the delivery of educational services and opportunities, from the
pre-kindergarten to post-graduate level;
(5) Promote, coordinate, and oversee
collaborative efforts among District Government agencies to support
education and child development as it relates to education, including coordinating the
integration of programs and resources;
(6) Have oversight of the development
of a comprehensive, District-wide data system that integrates and tracks
data across education, justice, and human service agencies in order to assess the needs
of and inform the comprehensive service delivery to children
in the District of Columbia; and
(7) Coordinate programs, policies, and objectives of
the Mayor with the University of the District of Columbia and the
Board of Trustees of the University of the District of Columbia.
(c) The Department of Education shall
be headed by the Deputy Mayor for Education, who shall be appointed by and serve at the
pleasure of the Mayor.
(d) Special Education. Within 60 days
of enactment of this title, the Department of Education shall report to the
Mayor and the Council on the status of:
(1) The Special Education Task Force,
and the development of the Special Education Reform Plan,
established pursuant to section 372 of the Fiscal Year 2004 Budget
Support Act of 2003, effective November 13, 2003 (D.C. Law 15-39, D.C. Official Code § 38-2551); and
(2) The implementation of the
recommendations adopted by the Board of Education pursuant to the
resolution Adopting the Recommendations of the Ad Hoc Committee on
Special Education White Paper and Other Recommendations to Improve the Delivery of Special Education
Services within the District of Columbia Public Schools, effective March 13, 2006
(Board of Education resolution SR06-22).
TITLE II. BOARD OF EDUCATION CHARTER
AMENDMENT.
Sec. 201. Short title.
This act may be cited as the
"District of Columbia Board of Education Charter Amendment Act of
2007".
Sec. 202. Amendment of Authority for
the Budget of the District of Columbia Public
Schools.
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 amended to read as follows:
“Sec. 452. Annual Budget for the
District of Columbia Public Schools.
“Role of Mayor and Council. The
District of Columbia Public Schools shall develop an annual budget for the
operation of the public schools for submission to the Mayor. The
Mayor shall submit the budget to the Council for approval, pursuant to section 442 of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 803; D.C. Official Code §
1-204.42).”.
Sec. 203. 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. 204. Applicability.
The "District of Columbia Board
of Education Charter Amendment Act of 2007" shall be applicable upon the enactment
of sections 202 and 203 of this title into law by the
United States Congress.
TITLE III. STATE EDUCATION AGENCY
FUNCTIONS AND 6 RESPONSIBILITIES.
Sec. 301. Short title.
This act may be cited as the
"Public Education State-Level Functions and State Education Agency Functions and Responsibilities
Designation Amendment Act of 2007".
Sec. 302.
Section 2 of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law
13-176; D.C. Official Code § 38-2601), is amended by adding a new
subsection (c) to read as follows:
“(c) The Officer shall serve as the
Chief State School Officer for the District of Columbia.”
Sec. 303. Section 3(b) of the State
Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law
13-176; D.C. Official Code § 38-2602), is amended as follows:
(a) By adding a new paragraph (1) to
read as follows:
“(1) Serve as the state education
agency, and perform the functions of a state education agency, for the
District of Columbia under applicable federal law, including but not limited to
grant-making, oversight, and State educational agency functions for standards, assessments,
and federal accountability requirements for elementary and secondary
education.”;
(b) By redesignating paragraphs (1),
(2), (3), (4), and (5) as paragraphs (2), (3), (4),
(5), and (6), respectively; and
(c) By adding new paragraphs (7), (8),
(9), (10), (11) and (12) to read as follows:
“(7) Issue 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;
“(8) Prescribe minimum amounts of
instructional time for all schools in the District, including public, public
charter, and private schools;
“(9) Oversee the state-level
functions and activities related to early childhood education
programs, including the public education of the District of Columbia
Early Intervention Services Program,
established by section 502 of the Child and Youth Safety and Health
Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 7-863.03),
as defined in accordance with section 502 of that act;
“(10) Provide for the education of
children in the custody of the District of Columbia Department of
Youth Rehabilitative Services;
“(11) Formulate and promulgate
rules as necessary to carry out is functions, pursuant to the District of Columbia Administrative
Procedure Act, approved October 21, 1968, (82 Stat.
1204; D.C. Official Code § 2-501 et seq.); and
“(12) Any other responsibilities
not inconsistent with the performance of the state-level education functions of
the District of Columbia.”.
Sec. 304. Section 3 of the State
Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law
13-176; D.C. Official Code § 38-2602), is amended by adding new subsections (c)
and (d) to read as follows:
“(c) All positions, personnel,
property, records, and unexpended balances of appropriations, allocations, and other
funds available or to be made available to the District of Columbia Board of
Education that support state-level functions related to state education agency responsibilities
identified in subsection (b) of this section are hereby transferred to the State Education
Office, established by section 2 of the State Education Office Establishment Act of 2000,
effective October 21, 2000 (D.C. Law 13-176; D.C. Official
Code § 38-2601).
“(d) All of the powers, duties, and
functions delegated to the District of Columbia Board of Education concerning the
establishment, development, and institution of state level functions related to state
education agency responsibilities identified in subsection (b) of this section are hereby
transferred to the State Education Office, established by Section 2 of the State Education
Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official
Code § 38-2601). The transfer of these functions shall be made pursuant to an approved
transition plan, developed within 90 days, in accordance with section 7 of the
State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law
13-176; D.C. Official Code § 38-2606).”.
Sec. 305. Supervision of Adult
Education Program.
(a) Section 2(b) of the Adult
Education Designation Amendment Act of 1998, effective April 20, 1999
(D.C. Law 12-231; D.C. Official Code § 38-1202.12), is repealed.
(b) 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 by adding a new
section 8 to read as follows:
“Sec. 8. Supervision of Adult
Education Program.
“(a) Notwithstanding any other
provision of District law, the State Education Office shall be the state agency
responsible for supervision of adult education and adult literacy
in the District of Columbia.
“(b) All positions, personnel,
property, records, and unexpended balances of appropriations, allocations, and other
funds available or to be made available to the University of the District of
Columbia that support state-level functions related to adult education or adult literacy, are
hereby transferred to the State Education Office, established by
section 2 of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law
13-176; D.C. Official Code § 38-2601).
“(c) All of the powers, duties, and
functions delegated to the University of the District of Columbia concerning the
establishment, development, and institution of state level functions related to adult
education or adult literacy, including those delegated pursuant to this chapter, are hereby transferred to
the State Education Office, established by Section 2 of the State
Education Office Establishment Act of 2000, effective October 21,
2000, as amended (D.C. Law 13-176; D.C. Official Code § 38-2601). The
transfer of these functions shall be made pursuant to an approved
transition plan, developed within 90 days, in accordance with section 7
of the State Education Office Establishment Act of 2000, effective October 21, 2000
(D.C. Law 13-176; D.C. Official Code § 38-2606).
“(d) The State Education Office
shall apply for federal funds as provided in the Adult Education Act,
approved April 28, 1988 (102 Stat. 302; 20 U.S.C. § 1201).
“(e)(1) Notwithstanding any other
provision of law, the State Education Office is authorized to establish fee rates for
all adult education courses. The amount to be charged to each adult shall be fixed annually by the
State Education Office as the amount necessary to
cover the expense of instruction, cost of textbooks and school supplies,
and other operating costs associated with
each course offered, provided that the amount and changes in the amount fixed by this
subsection are set by the State Education Office in accordance with
section 6 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-505).
Following the final adoption of such amount, the
State Education Office shall transmit a copy of the fee schedule to
the Mayor and the Council.
“(2) All amounts received by the
State Education Office pursuant to this section shall be paid to the D.C.
Treasurer and accounted for in the General Fund as a separate revenue source allocable to
provide authority for the offering of select adult education courses for which fees will
be charged.
“(3) Waivers, in whole or in part,
of fees for select adult education courses may be granted by the
Education Office.”.
Sec. 306. Section 503 of the Child
and Youth Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C.
Law 15-353; D.C. Official Code § 7-863.03), is
amended as follows:
(a) subsection (a) is amended to read
as follows:
“(a) There is established in the
State Education Office an Early Intervention Program (“Program”) to provide early intervention
services to infants and toddlers, from birth through
2 years of age, and their families. The services shall be provided in accordance with the requirements of
the Individuals with Disabilities Education Act, as approved June 4, 1997 (111 Stat. 37;
20 U.S.C. § 1400 et seq.).”.
(b) New subsections (d) and (e) are
added to read as follows:
“(d) All positions, personnel,
property, records, and unexpended balances of appropriations, allocations, and other
funds available or to be made available to the District of Columbia Department of Human Services that
support functions related to the responsibilities of the District of
Columbia Early Care and Education Administration and the
District of Columbia Early Intervention Program as defined in accordance
with section 502 of the Child and Youth Safety and Health
Omnibus Amendment Act of 2004, effective April 13,
2005 (D.C. Law 15-353; D.C. Official Code § 7-863.02), are hereby transferred to the State Education
Office, established by section 2 of the State Education Office
Establishment Act of 2000, effective October 21, 2000, (D.C. Law 13-176;
D.C. Official Code § 38-2601).
“(e) All of the powers, duties, and
functions delegated to the District of Columbia Department of Human
Services concerning the establishment, development, and institution of functions related to
the District of Columbia Early Intervention Program as defined in
accordance with section 502 of the Child and Youth Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law
15-353; D.C. Official Code § 7-863.02), including
those delegated pursuant to this chapter, and all functions and responsibilities
related to the District of Columbia Early Care and Education Administration, are hereby
transferred to the State Education Office, established by section 2 of the State Education Office
Establishment Act of 2000, effective October 21,
2000, (D.C. Law 13-176; D.C. Official Code § 38-2601).”.
Sec. 307. All rules, orders,
obligations, determinations, grants, contracts, licenses, and agreements of the Board
of Education, the District of Columbia Public Schools, the District of Columbia Department of Human
Services, or the University of the District of
Columbia relating to functions transferred to the State Education Office under this act that are in effect at
the time this act takes effect shall remain in effect according to their terms until
lawfully amended, repealed, or modified by the State Education
Office.
Sec. 308. Transition Plan.
(a) The State Education Officer
shall, within 90 days of enactment of this title, submit to the Mayor for approval a
detailed transition plan for the transfer to take place not later than October 1, 2007, of
all of the functions and responsibilities designated for transfer by
the Public Education State-Level Functions and State Education Agency Functions and Responsibilities Designation Amendment
Act of 2007. The transition plan shall:
(1) Be formulated in consultation
with the Board of Education, the District of Columbia Public Schools,
the Public Charter School Board, District agencies with responsibilities for functions
specified in sections 303-306, and any relevant federal agencies;
(2) Identify the authority and
responsibility of each party at each stage in the
transition process;
(3) Specify timelines, dates and
benchmarks for transfer of authority, responsibility,
budget, and employees;
(4) Specify the estimated cost to the
SEO of carrying out each function specified in
sections 303-306;
(5) Identify any factors with
potential for disrupting services to students and recommend steps to prevent any
possible disruption.
(b) The Mayor shall forward the
approved transition plan to the Council and the State
Board of Education.
(c) The transfer of all functions
designated by the Public Education State-Level Functions and State
Education Agency Functions and Responsibilities Designation Amendment
Act of 2007 shall be made pursuant to the transition plan detailed in subsection (a) in accordance with
section 7 of the State Education Office Establishment Act of 2000,
effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2606).
TITLE IV. ESTABLISHMENT OF STATE
BOARD OF EDUCATION.
Sec. 401. Short title.
This act may be cited as the
“District of Columbia State Board of EducationEstablishment Act of
2007".
Sec. 402. Transition From Charter
Created Board to State Board.
The existing Board of Education
created by section 495 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 the District of Columbia Public Education Reform Amendment Act of 2007
becomes effective and all terms of office of the
Charter-created Board members shall continue until a successor member is either appointed by the Mayor or elected
pursuant to section 403 of this act or the District
of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat.
699; D.C. Official Code § 1-1001.01 et seq.) depending upon whether
the member being replaced was appointed or elected.
Sec. 403. Board membership; election;
term of office; vacancies.
(a)(1) There is established a State
Board of Education (“Board”) consisting of 10 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
subsection (b) of this section. One member shall be elected at-large as the President of
the Board.
(2) Members of the Charter-created
Board of Education, as of the effective date of this act, shall serve as the
initial State Board of Education through January 2, 16 2009. The terms
of these members shall expire at noon, January 2, 2009.
(b) The 4 school districts for the
election of Board members pursuant to subsection (a) of this section 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:
(1) Wards 1 and 2 shall comprise School District I;
(2) Wards 3 and 4 shall comprise School District II;
(3) Wards 5 and 6 shall comprise
School District III; and
(4) Wards 7 and 8 shall comprise
School District IV.
(c) Beginning January 2, 2009, the
Board shall consist of 9 elected 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. 5 Law 1-38; D.C.
Official Code 1-1011.01), and one member shall be elected at-large. The State Board of Education shall select its President
from among the 9 members of the Board.
(d)(1) Except as provided in paragraph
(3)(B) of this subsection, the term of office of a member of the
Board, including the at-large member, shall be 4 years.
(2) Members may receive compensation
at a rate fixed by the Council of 11 the District of Columbia, which
shall not exceed the sum provided by section 1110 of the District of
Columbia Comprehensive Merit Personnel Act of 1978, approved March 3, 1979 (D.C. Law 2-139; D.C. Official
Code § 1-611.10).
(3)(A) The term of office of a member of the Board
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.
(B) The initial terms of the members
of the State 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 6 shall serve 2 year terms, ending at noon
January 2, 2011.
(ii) The 4 members elected from wards
2, 4, 7, and 8 and the member elected at-large shall
serve 4 year terms, ending at noon January 2, 2013.
(e)(1) Each member of the Board
elected from a ward shall at the time of his or her nomination: (A) be
a qualified elector (as that term is defined in § 1-1001.02) in the school election ward from which he
seeks election; (B) have, for one year immediately 4 preceding the
election, resided in the ward from which he or she is nominated; and (C)
have, during the 90-day period next preceding his or her nomination,
been an actual resident of the District of Columbia and have during
such period claimed residence nowhere else. A member shall forfeit his
or her office upon failure to maintain the qualifications required by this
paragraph.
(2) Each member of the Board elected
at large shall at the time of his or her nomination: (A) be a qualified
elector (as that term is defined in section 2 of the District of Columbia Election Code of
1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.)) in the
District of Columbia; and (B) have, during the one
year period immediately preceding the election, been an actual resident
of the District of Columbia and have during such period claimed
residence nowhere else. A member shall forfeit his or her
office upon failure to maintain the qualifications required by
this paragraph.
(3) No individual may hold the office
of member of the State Board of Education and: (A) hold another
elective office other than delegate or alternate delegate to a convention of a political party
nominating candidates for President and Vice President of the United States; or
(B) also be an officer or employee of the District of Columbia
government or of the Board. A member shall forfeit his or her office
upon failure to maintain the
qualifications required by this paragraph.
(f) Whenever, before the end of his or
her term, a member of the Board dies, resigns, or becomes unable to serve or a member-elect
of the Board fails to take office, such vacancy shall
be filled as provided in section 10(e) and (g) of the District of Columbia Election Code of 1955, approved August 12,
1955 (69 Stat. 699; D.C. Official Code § 1-1001.01
et seq.).
(g) The election of the members of the
State 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.).
Sec. 404. Functions of the State
Board of Education.
(a) The State Board of Education
shall advise the Chief State School Officer on various subject matters including,
but not limited to, state standards, state policies, state objectives and state regulations
proposed by the Mayor or the Chief State School Officer and state policies governing the
special, academic, vocational, charter and other schools established within the District of
Columbia.
(b) The State Board of Education
shall have no policy making authority, except for the following:
(1) Approval of state standards upon
recommendation by the Chief State School Officer; and
(2) Approval of the state
accountability plan for the District of Columbia developed by the Chief State School
Officer pursuant to section 1111(c)(2) of the No Child Left Behind
Act of 2001, enacted January 8, 2002 (Pub. L. 107-110, 20 USC 23 6311).
(c) The State Board of Education may
conduct a monthly meeting to receive citizen input with respect to issues
properly before it.
(d) The Mayor shall, by order, specify
the Board's organizational structure, staff, budget, operations,
reimbursement of expenses, and other matters affecting the Board's functions.
TITLE V. INTERAGENCY COLLABORATION AND
SERVICES INTEGRATION COMMISSION.
Sec. 501. Short title.
This act may be cited as the
"Interagency Collaboration and Services Integration Commission
Establishment Act of 2007".
Sec. 502. Purpose
The purpose of the Interagency
Collaboration and Services Integration Commission is to address the needs of at-risk children
by reducing juvenile and family violence and promoting social and
emotional skills among children and youth through a comprehensive
integrated service delivery system that includes the following:
(1) Comprehensive, multi-disciplinary
assessments of children by school-based clinicians;
(2) Implementation of a management
information system that enables the inter-agency exchange of
information and protects families’ privacy rights;
(3) Facilitation of resource sharing
and inter-agency collaboration on multi-disciplinary
projects;
(4) Development and implementation of
proven, evidence-based preventive and interventive programs for children and
families by educational, law enforcement, mental
health and social services agencies;
(5) Development of integrated service
plans for individual children and families that promote the delivery of
services that are comprehensive, implemented without interruption and
free from duplication or redundancy; and
(6) Independent evaluation of the
effectiveness of the Commission’s programs including the impact on
academic performance, levels of violence by and against children, truancy and
delinquency; the cost effectiveness of the Commission’s programs, taking into account such
factors as reductions, or potential reductions, in out of home
placements and law enforcement expenditures; and the extent to which the Commission has developed the capacity
to sustain its programs and activities.
Sec. 503.
Definitions
For the purposes of this act, the
term:
(1) “Comprehensive,
multi-disciplinary assessments” means assessments of children to determine the extent
to which they are affected by risk and protective factors as individuals and in
families, communities and schools, and the extent to which they have service needs resulting
from emotional disturbance, substance abuse, exposure to
violence and learning disabilities.
(2) “Evidence-based”, with
reference to a preventive or interventive program means a program: (A) whose evaluation, which
has been completed by an independent agency with demonstrated
expertise in evaluation; (B) that yields statistically significant data demonstrating the
program’s effectiveness in accomplishing its intended purposes; and (C) that has been
replicated in another community with a level of effectiveness comparable to that
indicated in the evaluation.
(3) “Integrated service plans”
means service plans that promote delivery of services that are, to the fullest
extent possible, comprehensive, implemented without interruption, and free from
duplication or redundancy.
(4) “School-based clinicians”
means certified social workers, credentialed alcoholism and substance abuse
counselors or other mental health, alcoholism, substance abuse or
chemical dependence counselors deemed qualified by the Director of the Department of Health or other
nationally recognized certification organizations to conduct comprehensive,
multi-disciplinary assessments.
Sec. 504. Establishment of the
Interagency Collaboration and Services Integration Commission.
(a) There is established an
Interagency Collaboration and Services Integration Commission
(“Commission”). The Commission shall:
(1) Develop an information-sharing
agreement, within 90 days of enactment of this title, with
education, law enforcement, and human service agencies, which shall
permit Commission personnel to collect information from agencies participating in the agreement in
order to conduct comprehensive multi-disciplinary assessments and to develop and
implement integrated service plans. The information sharing agreement shall adhere to all
applicable provisions of federal and District law and professional standards regarding
confidentiality, and shall include:
(A) The Commission’s procedures and
protocols for safeguarding confidential and other client-related
information; and
(B) The Commission’s form for
obtaining consent to assessment and disclosure of confidential
information from a participant or the parent or legal guardian
of a participant;
(2) Develop, within 90 days of
enactment of this title, procedures and protocols for safeguarding confidential and other
client-related information, including documents, files, electronic
communications and computer data. The procedures and protocols shall
include procedures for determining when a fully informed and written consent to assessment and disclosure
of confidential information is provided by a participant or the parent or legal
guardian of a participant. The procedures shall further specify the circumstances and manner
in which confidential information collected and maintained by designated personnel of
the Commission may be disclosed, as permitted by applicable provisions of local and
federal law, to:
(A) Other personnel of the Commission
for the sole and exclusive purposes of
(i) Conducting comprehensive,
multi-disciplinary assessments of children; and
(ii) Creating and implementing
integrated service plans for children; and
(B) Education, law enforcement and
human service agencies and other service providers identified in
the consent to assessment and disclosure of confidential information for the sole
and exclusive purpose of creating and implementing such
integrated service plans;
(3) Identify a comprehensive,
multi-disciplinary assessment instrument which shall be used by school-based clinicians to
determine the extent to which children are affected
by risk and protective factors as individuals and in families,
communities, and schools, and the extent to which children have
service needs resulting from emotional disturbance,
substance abuse, exposure to violence, and learning disabilities. The
school based clinicians shall also provide
therapeutic interventions and assist in the development of
integrated service plans;
(4) Through financial, administrative
and other supports, assist education, law enforcement and human
service agencies in the implementation of preventive and early interventive programs for
children and their families. Such programs shall be implemented to serve children in
pre-school, primary school, and secondary school age groups and their
families. All preventive and interventive programs implemented with the assistance and support of the
Commission shall be evidence-based programs and shall include, but
not be limited to, the following:
(A) Early childhood psychosocial and
emotional development programs;
(B) School-based violence and
substance abuse prevention and social and emotional learning
programs;
(C) Family resiliency and
strengthening programs; and
(D) Programs that are designed to
reduce local reliance on out-of- home placements of children under the
age of 18;
(5) Determine the extent to which the
District has preventive and early interventive evidence-based programs
that already meet some or all of the requirements of
paragraph (4) of this section;
(6) Maintain an interagency database
housed in a secure location which stores assessment information, data
gathered pursuant to the information-sharing agreement and other data relevant for the purposes of
service integration, the monitoring and evaluation or treatment plans,
and the ongoing assessment of programs implemented or supported by the
Commission;
(7) Conduct an annual independent
evaluation of the effectiveness of the Commission’s programs,
including the impact on academic performance, levels of violence by and against children,
truancy and delinquency; the cost effectiveness of the Commission’s programs, taking into
account such factors as reductions, or potential reductions, in out of home placements and law
enforcement expenditures; and the extent to which the Commission has
developed the capacity to sustain its programs and activities;
and
(8) Report, on an annual basis, on
the status and progress of the objectives of the Commission, including the
results of the evaluation referenced in paragraph (7) of this
subsection and any recommendations made by the Commission, to the
public, the Mayor, and the Council. The report shall be submitted to
the Mayor and the Council within 90 days after the end of each
fiscal year.
(b) The Commission shall have the authority, unless
expressly prohibited in statute or regulation, to combine local, federal and
other resources available to the participating education, law
enforcement, and human services agencies for the purposes of providing comprehensive
multi-disciplinary assessments, integrated services, and evidence-based programs as described herein.
(c) The Commission is authorized to
apply for, receive, and disburse federal, state, and local funds for which the
District of Columbia is eligible and which are relevant to the duties and
responsibilities of the Commission. The Commission is also authorized to utilize the funding
provided pursuant to the Integrated Funding and Services for At-Risk Children, Youth, and Families Act
of 2006, signed by the Mayor on August 8, 2006 (D.C.
Act 16-476; 53 DCR 34) to carry out its responsibilities.
Sec. 505. Membership
The Commission shall include the
following members:
(1) The Mayor, who shall serve as the
Chair;
(2) Deputy Mayor for Education;
(3) Chairman of Council of the
District of Columbia;
(4) Chief Judge, Family Court of the
District of Columbia;
(5) City Administrator;
(6) State Education Officer;
(7) Chancellor of the District of
Columbia Public Schools;
(8) Chair of the Public Charter
School Board;
(9) Director of the Department of
Child and Family Services;
(10) Director of the Department of
Youth Rehabilitative Services;
(11) Director of the Department of
Health;
(12) Director of the Department of
Mental Health;
(13) Chief of the Metropolitan Police
Department;
(14) Director of the Court Social
Services Agency;
(15) District of Columbia Attorney
General;
(16) Director of the Criminal Justice
Coordinating Council;
(17) Director of the Department of
Parks and Recreation; and
(18) Director of the District of
Columbia Public Library.
Sec. 506. Administrative support.
(a) The Commission is authorized to
hire staff and to obtain equipment, supplies, materials and services as necessary to
carry out the functions of the Commission.
(b) The Commission shall serve as the
personnel authority for all employees of the Commission and shall
exercise such authority consistent with the District of Columbia Government Comprehensive Merit Personnel Act
of 1978, effective March 3, 1978 (D.C. Law 2-139;
D.C. Official Code § 1-601.01 et seq.).
(c) The Commission may exercise
procurement authority to carry out the responsibilities of the Commission,
including contracting and contract oversight. The Commission shall exercise this
authority consistent with the District of Columbia Procurement Practices Act of 1985,
effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.),
except that the provisions of section 105(a), (b), (c), and (e) of that act (D.C. Official
Code § 2-301.05(a), (b), (c), and (e)) shall not apply to the
Commission.
TITLE VI. CREATION OF OFFICE OF
OMBUDSMAN FOR PUBLIC EDUCATION.
Sec. 601. This act may be cited as
the “Ombudsman for Public Education Establishment Act of 2007”.
Sec. 602. The Mayor shall establish an
Office of Ombudsman for Public Education in the District of Columbia within the
District of Columbia Department of Education for the
following purposes:
(a) To encourage communication between
citizens and the Mayor regarding pre-kindergarten through postsecondary,
graduate public education issues in the District of Columbia;
(b) To serve as a mechanism by which
citizens can communicate their questions and concerns regarding public
education in the District of Columbia through a single, central source within the District
government; and
(c) To respond to questions and issues raised by
members of the public regarding public education in the District of
Columbia in a timely fashion with accurate and helpful information.
Sec. 603. Duties of the Office of
Ombudsman for Public Education.
(a) The Office of the Ombudsman for
Public Education shall report to the Deputy Mayor for Public
Education.
(b) The primary duties of the Office
of Ombudsman for Public Education are investigation and resolution of
problems raised by citizens, outreach to the public, and identification of systemic concerns
raised by citizens or related to public education in the District of
Columbia. The Office of Ombudsman for Public Education shall perform the following core functions to
accomplish these duties:
(1) Receive complaints from parents
and District residents concerning public education in the District of
Columbia;
(2) Determine the validity of any
complaint quickly and professionally;
(3) Generate options for a response;
(4) Make a recommendation among the
options; and
(5) Make a referral to the appropriate
school official, when appropriate.
(c) The Office of Ombudsman for Public
Education shall maintain a database that tracks complaints received according to various
categories, including but not limited to type, school level, and
location. The Office of Ombudsman for Public Education shall report
monthly to the Mayor and the State Board of Education an analysis of the complaint and resolution data, and
shall recommend, based on public complaints, policy changes, staff training, or
implementation strategies necessary to improve the delivery of public
education services in the District of Columbia.
(d) The Office of Ombudsman for
Public Education shall strive at all times to perform its functions with neutrality and independence
toward the issue being addressed.
TITLE VII. CREATION OF PUBLIC
EDUCATION FACILITIES MANAGEMENT AND CONSTRUCTION AUTHORITY.
Sec.
701. Short title.
This act may be cited as the
“District of Columbia Public Education Facilities Management and
Construction Authority Establishment Act of 2007".
Sec. 702. Establishment of the
District of Columbia Public Education Facilities Management and
Construction Authority.
There is established as a corporate
body and independent instrumentality of the District, with a legal existence
separate from that of the District government, the District of
Columbia Public Education Facilities Management and Construction
Authority (“Facilities Management and
Construction Authority”). The Facilities Management and Construction
Authority is created to effectuate the following public purposes:
(1) Ensuring that the children of the
District of Columbia have safe, modern, secure educational
environments in which to learn;
(2) Implementing the District of
Columbia Public Schools Master Facilities Plan, and to, in consultation with DCPS,
seek any appropriate amendments to the Master
Facilities Plan;
(3) Directing the functions of
maintenance, inspection, construction, renovation, repair, and modernization
of District of Columbia Public Schools facilities; and
(4) Expediting school modernization
through the efficient expenditure of District of Columbia Public Schools
capital funds and the identification of and development of alternative financing
mechanisms for school modernization, including public private partnerships,
co-location, and other leveraged uses of facilities space and assets.
Sec. 703. Powers.
(a) The Facilities Management and
Construction Authority shall have the power to:
(1) Sue and be sued.
(2) Receive, establish, and manage
funds, including:
(A) Solicit and develop public private development
partnerships, consistent with law, and other means of alternative
financing to support the District of Columbia Public Schools capital
improvement plan;
(B) Direct the expenditure of District
capital and operating funds allocated by the Council for the
operation, maintenance, repair, design, construction, renovation, and modernization of
District of Columbia Public Schools facilities, including all funds made available through the Public
School Capital Improvement Fund established by section 101 of the
School Modernization Financing Act of 2006, effective June
8, 2006 (D.C. Law 16-123, D.C. Official Code § 38-2971.01); and\
(C) Establish one or more revolving
funds for the exclusive benefit of the Authority to finance the activities of the
Authority, including the administration of the District of Columbia
Public Schools capital improvement program, which funds shall not be
a part of the General Fund of the District and shall be non-lapsing.
Unexpended amounts therein shall not revert to
the General Fund at the end of the fiscal year but shall remain in
the Authority fund. The Authority may pledge and secure all or a portion
of these funds to carry out the
Authority’s purposes.
(3) Manage and execute all lease
agreements, notwithstanding section 451(b) and (c) of the District of Columbia Home Rule
Act, approved December 24, 1973 (87 Stat. 803; D.C.
Official Code 1-204.51(b) and (c)), for the use of District of Columbia Public Schools facilities, the revenues from which
shall be deposited in a revolving fund established by the Facilities
Management and Construction Authority and separate from the General
Fund of the District of Columbia;
(4) Enter into long-term land and facility lease
agreements for District of Columbia Public Schools facilities,
notwithstanding section 451(b) and (c) of the District of Columbia
Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code 1-204.51(b) and (c)), that are determined to be
excess by the Mayor, upon recommendation by the Chancellor, and are not needed
for educational purposes in the short-term. Nothing in this section shall be
interpreted to grant authority to the Facilities Management and
Construction Authority to sell District government property or
facilities without following existing law governing the disposition of
property;
(5) Enter into contracts and execute
any instrument necessary or convenient to accomplish the purposes of the District
of Columbia Public Education Facilities Management
and Construction Authority and this title;
(6) Enter into agreements and joint
venture arrangements, consistent with law, with any local, state,
regional, or federal government agency, community-based organization, or private entity to
further the purposes of this title, provided that the primary purpose of such an agreement
and the primary use of any school facility shall be for public
education;
(7) Approve and authorize decisions at every stage of
school facility maintenance, repair, renovation, construction or
modernization, including planning, design,
procurement, and construction; and
(8) Adopt policies, rules, and
procedures governing its procurement of goods and services, notwithstanding
the requirements of the District of Columbia Procurement Practices Act of 1985,
effective February 21, 1986 (D.C. Law 6-85; D.C. Official
Code § 2-301.01 et seq.).
Sec. 704. Chief Executive Officer.
(a) The Mayor shall appoint a Chief
Executive Officer (“CEO”) of the Facilities Management and
Construction Authority, with the advice and consent of the Council, pursuant to section 2(a) of the
Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(a)). The CEO
shall serve at the pleasure of the Mayor and shall receive such
compensation as determined by the Mayor.
(b) In
addition to any other duties set forth in this act, the CEO shall:
(1) Direct and supervise the
administration and management of the Facilities Management and
Construction Authority;
(2) Consult with the Chancellor and
the State Education Officer in carrying out his functions under this
act;
(3) Hire such personnel as the CEO
deems necessary to carry out the functions of the Facilities Management
and Construction Authority, 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.);
(4) Authorize contracts, memoranda,
and other binding agreements necessary to carry out the functions
of the Facilities Management and Construction Authority; and
(5) Report and make recommendations
to the Mayor on the status of school facilities projects, the need
for policies, rules, and regulations, and the financial status of the
District of Columbia Public Schools capital improvement program.
Sec. 705. Public-Private Development
Partnerships.
(a) For the purposes of identifying
and creating public-private development partnership opportunities, consistent with law, the
CEO may select one or more firms to act as
consultants to review the District’s public school facility real
estate portfolio and prepare detailed business studies for
potential public-public and public-private development partnerships that would
expedite projects already approved as part of the implementation of the Facilities
Master Plan.
(b) With the approval of the Mayor, the CEO may,
consistent with law, establish development partnerships in which
property or land owned by the District government may be sold or
leased for development to generate revenue for the District of Columbia Public Schools capital improvement plan.
(c) The CEO may, consistent with law,
solicit proposals for and award financing to public-public and public-private
partnerships to speed school construction projects. The
proposals solicited may include:
(1) The purchase of a school site and
improvements to that site;
(2) The construction or purchase of a
building to be used as a school;
(3) Complete or partial furnishing
and equipping of a school building;
(4) Repair of a school building;
(5) The making of improvements to a
school site; and
(6) The costs or expenses associated
with any of the projects described in paragraphs (1) through (5) of this
subsection, including architectural costs, engineering costs, consulting costs, demolition
costs, and legal costs.
(d)(1) The CEO shall evaluate
proposals solicited under subsection (c) of this section based on consistency with the
Master Education Plan and Master Facilities Plan, and whether the
proposals:
(A) Provide space and are
appropriately designed for school-based programs, support services, and
extracurricular activities;
(B) Include well-designed physical
systems and components that promote learning, safety, and energy
efficiency;
(C) Create connections to the
surrounding community and support for community activities; and
(D) Are cost-effective to build,
operate, and maintain.
(2) The CEO may also consider other
factors that it deems important.
(e) The CEO shall give priority in
funding to projects that:
(1) Build additional capacity to serve
special education students, including locating new special education
programs within District of Columbia Public Schools facilities;
(2) Build additional capacity to
provide vocational education to secondary school students in District
of Columbia Public Schools;
(3) Co-locate public charter schools
within District of Columbia Public Schools
facilities;
(4) Develop shared-use community facilities through
collaboration with the D.C. Public Library, the Department of Parks
and Recreation, and other Executive Branch agencies.
(f) Except as provided in this act,
and except for the leases otherwise subject to the provisions of an Act authorizing
the sale of certain real property in the District of Columbia no
longer required for public purposes, approved August 5, 1939, (53 Stat.
1-1211; D.C. Official Code §10-801),
all actions by the CEO shall be consistent with existing District law with regard to
the sale and disposition of public school facilities and property.
Sec. 706. Public Oversight.
(a) Section 201 of the School
Modernization Financing Act of 2006, approved June 8, 2006 (D.C. Law 16-123; D.C.
Official Code § 38-2973.01) is amended as follows:
(1) Paragraph 1 of subsection 201(a)
is amended by striking the phrase “of the Board of Education and those of the
District” and insert the phrase “of the Mayor” in
its place.
(2) Paragraph 3 of subsection 201(a)
is amended by striking the phrase “advise the Board of Education”
and insert the phrase “advise the Chief Executive Officer of the
District of Columbia Public Education Facilities Management and Construction Authority (“CEO”) in
its place.
(3) Subsection 201(g) is amended to
read as follows:
“(g) The Chairperson of the
Committee shall be designated by the Mayor in consultation with the
Council and Chief Financial Officer.”
(4) Subsection 202(a) is amended by
striking the word “Superintendent” and inserting the phrase “Chief
Executive Officer of the District of Columbia Public Education
Facilities Management and Construction Authority (“CEO”) in its
place.
(5) Subsection 202(b) is amended by
striking the word “Superintendent” and inserting the word “CEO” in
its place.
(6) Subsection 202(c) is amended to
read as follows:
“(c) The Committee shall forward
any written assessment provided to the CEO to the Mayor, the Council,
the Chancellor of the District of Columbia Public Schools, and the Chief Financial
Officer.”
(7) Subsection 202(d) is amended by
striking the word “Superintendent” and inserting the word
“CEO” in its place.
(8) Paragraph (1) of subsection 202(e)
is amended to read as follows:
“(1) Within 30 days of receipt of
the quarterly status report from the CEO, the Committee shall submit a copy of the report,
any written analysis or concerns about specific items
or projects within the report, and specific policy recommendations, to the Mayor, the Council, the Chancellor of the
District of Columbia Public Schools, and the Chief
Financial Officer.”
(9) Paragraph (2) of subsection 202(e)
is amended by striking the word “Superintendent” and inserting the word “CEO”
in its place.
Sec. 707. The District of Columbia
government shall be exempt from claims and suits against the Facilities
Management and Construction Authority.
Sec. 708. The "District of
Columbia Public Education Facilities Management and Construction
Authority Establishment Act of 2007" shall be applicable upon the enactment of sections 702 through 705
of this title into law by the United States Congress.
TITLE VIII. PUBLIC CHARTER SCHOOL
ACCOUNTABILITY
Sec. 801. This act may be cited as
the “Public Charter Schools Accountability Reform Amendment Act of
2007”.
Sec. 802. School Reform Act
Amendments.
(a) Section 2201 of District of
Columbia School Reform Act of 1995, effective April 26, 1996 (Public
Law 104-132; D.C. Official Code 38-1802.01) is amended:
(1) By resdesignating subsection (d)
as subsection (e); and
(2) By adding a new subsection (d) to
read as follows:
“(d) Existing public charter
schools. A public charter school that existed prior to the effective
date of the Public Charter Schools Accountability Reform Amendment Act
of 2007, and that was chartered by the District of Columbia Board of Education pursuant to 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.), shall not be required to file a petition with the Public Charter
School Board. Such schools shall be considered approved and chartered for the purposes of the District
of Columbia School Reform Act 1and shall be subject to the powers and
duties granted to the Public Charter School Board as
an eligible chartering authority pursuant section 2211, 2212, and 2213
of the District of Columbia School Reform Act, effective May 29, 1996
(D.C. Law 11-135, D.C. Official Code §§
38-1802.11-13).”.
(c) Paragraph 2 of section 2203(j) of the District of
Columbia School Reform Act 15 of 1995, effective April 26, 1996 (Public
Law 104-132; D.C. Official Code 38-1802.03) is
amended to read:
“(2) Availability of review. A
decision by an eligible chartering authority to deny a petition to establish a public
charter school shall be subject to judicial review by an appropriate court of the District of
Columbia or by the State Education Office. In the case of review by
the State Education Office, the State Education Office shall issue procedures for the submission and
review of appeals.”.
(b) Section 2212(a)(3) of the District of Columbia
School Reform Act of 1995, effective April 26, 1996 (Public Law
104-132; D.C. Official Code 38-1802.12(a)(3)) is amended
to read as follows:
“(3) Review. An eligible chartering
authority that grants or renews a charter pursuant to paragraph (1) or (2) of
this subsection shall review the charter:
“(A) At least once every 3 years to
determine whether the charter should be revoked for the reasons described
in subsection (a) or (b) of section 2213 in accordance with the procedures for
such revocation established under section 22139(c); and
“(B) Once every 3 years, beginning
on the date that is 3 years after the date on which the charter is granted
or renewed, to determine whether the charter should be revoked for the reasons described
in subsection (a) or (b) of section 2213 in its place in accordance with the procedures for
such revocation established under section 2213(c).”
(c) Section 2213 of the District of
Columbia School Reform Act of 1995, effective April 26, 1996 (Public
Law 104-132; D.C. Official Code § 38-1802.13) is amended as follows:
(1) Subsection (a) is amended to read
as follows:
“(a) Charter or law violations;
failure to meet goals. An eligible chartering authority that has granted
a charter to a public charter school or the State Education Office
may revoke the charter if the eligible chartering authority or State Education Office determines that the
school:
“(1) Committed a violation of the
applicable laws or a material violation of the conditions, terms,
standards, or procedures set forth in the charter, including violations relating to the
education of children with disabilities; or
“(2) Has failed to meet the goals
and student academic achievement expectations set forth in
the charter.”.
(2) Subsection (c) is amended by
striking paragraph (5) and inserting a new paragraph (5) in its place to read
as follows:
“(5) Review by State Education
Office. Action by an eligible chartering authority to revoke a
charter under subsection (a) of this section may be appealed by the applicant or the
charter school, as applicable, to the State Education Office. The State Education Office
shall issue procedures for the submission and review of
appeals.”
Sec. 803. 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.
Sec. 804. Applicability.
(a) The “Public Charter Schools
Accountability Reform Amendment Act of 2007” shall be applicable
upon the enactment of section 802 of this title into law by the United States Congress.
TITLE IX. CONFORMING AMENDMENTS
Sec. 901. 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 §
1-603.01) 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.".
Sec. 902. 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 (q) to read as follows:
"(q) Notwithstanding section
105(a), (b), (c), and (e) of the District of Columbia Procurement
Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.05), the
Chancellor of the District of Columbia Public Schools shall exercise procurement authority
to carry out the purposes of the D.C. Public Schools, including contracting and contract
oversight, consistent with the other provisions of this act.".
Sec. 903. 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, 9 1906 (34
Stat. 316; D.C. Official Code § 38-101 et seq.) is amended as follows:
(a) Section 2 (D.C. Official Code §
38-103) is amended by striking the phrase "the Board of Education"
and inserting the phrase "the Chancellor of the District of Columbia Public Schools" in its
place.
(b) Section 3(1) (D.C. Official Code
§ 38-105) is repealed.
(c) Section 3(2) (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".
(d) Section 14 (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
inserting the phrase "The Mayor, with the consent of the Council
by resolution," in its place.
Sec. 904. 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; 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.".
Sec. 905. Section 143 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:
(a) 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.".
(b) Subsection (d) (1) is amended to
read as follows:
"(d) (1) Not later than October
1, 2007, 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.".
Sec. 906. 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 inserting the phrase "the
Mayor" in its place.
Sec. 907. 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 as follows:
(a) By striking the phrase
"District of Columbia Board of Education" wherever it appears and inserting the phrase
"the District of Columbia Public Schools" in its place.
(b) By striking the word
“Superintendent” in subsection (a) and inserting the word “Chancellor”
in its place.
Sec. 908. 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” and “Board of Education” wherever they
appear, and inserting the phrase "the District of Columbia Public
Schools" in their place.
Sec. 909. Section 104(d) of The District of Columbia
Procurement Practices Act of 1985, effective February 21, 1986 (D.C.
Law 6-85; D.C. Official Code § 2-301.04(d)), 18 is
repealed.
Sec. 910. The School Modernization
Financing Act of 2006, approved June 8, 2006 (D.C. Law 16-123; D.C. Official Code §
38-2971.01 et seq.) is amended as follows:
(a)
Section 101(d) is amended to read:
“(d) Beginning on October 1, 2006,
the Chief Financial Officer shall transfer any funds deposited in the
Fund that are requested by the Mayor to the District of Columbia Public Education Facilities Management
and Construction Authority through the District of Columbia Public Schools capital
budget, subject to the requirements of section 103.”.
(b) Section 103 is amended by striking
the phrase “Board of Education” wherever it appears and inserting the phrase
“District of Columbia Public Education Facilities
Management and Construction Authority” in its place.
(c) Section 203 is amended to read:
“Sec. 203. Annual adoption of
Capital Improvement Plan and Budget.
“No later than October 1, 2007, and
no later than 90 days prior to commencement of each fiscal year thereafter, the
Chief Executive Officer of the District of Columbia Public Education Facilities Management and
Construction Authority, in consultation with the Chancellor of the
District of Columbia Public Schools, shall develop and submit to the
Mayor and Council a detailed Capital Improvement Plan and Budget to
implement the approved Facilities Master Plan for
the District of Columbia Public Schools. For each proposed capital
project, the Capital Improvement Plan and Budget shall include a description of the scope of work to
be done, the justification for the work per the Facilities Master Plan, the estimated
project cost and schedule, and measurable benchmarks to be achieved
by the end of the fiscal year for each project.”.
Sec. 911. Section 1104 of the School
Based Budgeting and Accountability Act of 1998, effective March 26, 1999 (D.C.
Law 12-175; D.C. Official Code § 38-2803), is amended as follows:
(a) Section (a) is amended by
striking the phrase “June 30, 2006” and inserting the phrase “October 1, 2007” in
its place.
(b) Section (c) is amended to read:
“(c) In developing the Facilities
Master Plan, the Mayor shall consult with the Council, the Chief Executive Officer of the District of
Columbia Public Education Facilities Management and Construction Authority, the
Public Charter School Board, representatives of public charter schools, and the
Public School Modernization Advisory Committee, and
shall consider the facilities needs of all public school students.”.
(c) Section (d) is amended by striking
the phrase “Board of Education” and inserting the word “Mayor” in its
place.
Sec. 912. Section 2552 of the District of Columbia
School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321;
D.C. Official Code § 38-1805.52) is amended by striking the phrase
“Superintendent and Board of Education” and inserting the word “Mayor”
in its place.
TITLE X. FISCAL IMPACT; EFFECTIVE
DATE
Sec. 1001. Fiscal Impact.
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)).
Sec. 1002. Applicability.
Title I, III through VI, and IX of
this act shall not apply until Title II becomes effective.
Effective date.
Title II, VII, and VIII of this act
shall take effect as provided in section 303 of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03). The
remaining titles 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.
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