Referendum on Certain Provisions of the Public Education Reform Act of 2007
Referendum 007

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District of Columbia Board of Elections and Ethics

PUBLIC NOTICE

Pursuant to D.C. CODE § 1-1001.16(e)(1)(B) (2006), the Board of Elections and Ethics hereby gives notice of its formulation of language for the Short Title, Summary Statement, and Legislative Form of Referendum Measure No. 007 which appears below.

Referendum Measure No. 007

SHORT TITLE

“Referendum on Certain Provisions of the Public Education Reform Amendment Act of 2007”

SUMMARY STATEMENT

This referendum asks the voters to approve or reject the parts of the “Public Education Reform Amendment Act of 2007” that would:

Establish the District of Columbia Public Schools as an agency controlled by the Mayor;
Create a Chancellor to administer the District of Columbia Public Schools who is appointed by the Mayor and confirmed by the Council of the District of Columbia, and;
Transfer to the Mayor all functions of the District of Columbia Board of Education as the local education agency.

LEGISLATIVE FORM

TITLE I. ESTABLISHMENT OF DISTRICT OF COLUMBIA PUBLIC SCHOOLS AGENCY

Sec. 101. Short title.

This title may be cited as the "District of Columbia Public Schools Agency Establishment Act of 2007".

Sec. 102. District of Columbia Public Schools agency; establishment.
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)) ("Home Rule Act"), the Council establishes the District of Columbia Public Schools ("DCPS") as a separate cabinet-level agency, subordinate to the Mayor, within the executive branch of the District of Columbia government.

Sec. 103. Mayor's authority; rulemaking.

(a) The Mayor shall govern the public schools in the District of Columbia. The Mayor shall have authority over all curricula, operations, functions, budget, personnel, labor negotiations and collective bargaining agreements, facilities, and other educationrelated matters, but shall endeavor to keep teachers in place after the start of the school year and transfer teachers, if necessary, during summer break.

(b) The Mayor may delegate any of his authority to a designee as he or she determines is warranted for efficient and sound administration and to further the purpose of DCPS to educate all students enrolled within its schools or learning centers consistent with District-wide standards of academic achievement.

(c)(1) 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.), the Mayor shall promulgate rules and regulations governing DCPS, including rules governing the process by which the Mayor and DCPS will seek and utilize public comment in the development of policy.

(2) Proposed rules shall be submitted to the Council for a 45-day period of review. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.

Sec. 104. Budget requirements of the District of Columbia Public Schools.

(a) The Mayor shall submit the budget for DCPS pursuant to section 442 of the Home Rule Act, along with a plan detailing the allocation of funds to each DCPS public school by program and activity level and comptroller source group.

(b) The Council may, following its review of the plan submitted pursuant to subsection (a) of this section, modify the funding and other resource levels, including full-time equivalent allocations, allocated by the plan to individual schools by a 2/3 majority vote of the Council.

(c) For fiscal year 2009, the Council may reallocate funds on a program level, but shall not make adjustments to activity costs within a program level; provided, that this restriction shall not apply to Special Education State, or any other local or state special education category the Mayor may designate.

(d) Beginning with fiscal year 2010, for each program level, the Mayor shall submit:

(1) Actual expenditures for the prior school year;

(2) Estimated expenditures for the current school year; and (3) Projected expenditures for the following school year.

Sec. 105. Chancellor; appointment; duties.

(a) The DCPS shall be administered by a Chancellor, who shall be appointed 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)), and in accordance with subsection (b) of this section. The Chancellor shall:

(1) Be the chief executive officer of DCPS;

(2) Be qualified by experience and training for the position; and (3) Serve at the pleasure of the Mayor.

(b)(1) Prior to the selection of a nominee for Chancellor, the Mayor shall:

(A) Establish a review panel of teachers, including representatives of the Washington Teachers Union, parents, and students ("panel") to aid the Mayor in his or her selection of Chancellor;

(B) Provide the resumes and other pertinent information pertaining to the individuals under consideration, if any, to the panel; and

(C) Convene a meeting of the panel to hear the opinions and recommendations of the panel.

(2) The Mayor shall consider the opinions and recommendations of the panel in making his or her nomination and shall give great weight to any recommendation of the Washington Teachers Union.

(1) Organize the agency for efficient operation;

(2) Create offices within the agency, as necessary;

(3) Exercise the powers necessary and appropriate to operate the schools and school system and to implement applicable provisions of District and federal law;

(4) Communicate with the collective bargaining unit for the employees under his or her administration;

(5) Promulgate and implement rules and regulations necessary and appropriate to accomplish his or her duties and functions in accordance with section 103 and the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.);

(6) Obtain parental input as required by the No Child Left Behind Act of 2001, approved January 8, 2002 (Pub. L. No. 107-110; 115 Stat. 1425), and in accordance with the rules promulgated pursuant to this title;

(7) Hold public meetings, at least quarterly;

(8) Exercise, to the extent that such authority is delegated by the Mayor,:

(A) Personnel authority; and

(B) Procurement authority independent of the Office of Contracting and Procurement, 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.);

(9) Maintain clean and safe school facilities; and

(10) Create and operate a District-wide database that records the condition of all school facilities under the control of DCPS, which database shall be updated as necessary, but at least once per calendar year.

Sec. 106. Transfers; continuation.

(a) All functions, authority, programs, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Board of Education, as the local education agency, established pursuant to section 495 of the Home Rule Act for the purpose of providing educational services to residents of the District of Columbia are transferred to the Mayor.

(b) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Board of Education and the District of Columbia Public Schools transferred to the Mayor under subsection (a) of this section shall continue in effect according to their terms until lawfully amended, repealed, or modified.

Sec. 107. Applicability.

This title shall apply upon Congressional enactment of Title IX.

TITLE IX. CHARTER AMENDMENT REQUEST

Sec. 901. Short title.

This title may be cited as the "District of Columbia Board of Education Charter Amendment Act of 2007".

Sec. 902. The District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; D.C. Official Code § 1-201.01 et seq.), is amended as follows: (a) Section 452 (D.C. Official Code § 1-204.52) is repealed. (b) Section 495 (D.C. Official Code § 1-204.95) is repealed.

Sec. 903. Applicability.

This title shall apply upon enactment by Congress.

TITLE X. CONFORMING AMENDMENTS

Sec. 1001. 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) Paragraph (m) is amended by striking the phrase "but not limited to, the District of Columbia Board of Education,".

(b) Paragraph (q) is amended as follows:

(A) Strike the word "and" at the end of paragraph (61).

(B) Strike the period at the end of paragraph (62) and insert the phrase "; and" in its place.

(C) A new paragraph (63) is added to read as follows: "(63) District of Columbia Public Schools.".

Sec. 1002. 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.), is amended as follows:

(a) Section 104(d) (D.C. Official Code § 2-301.04(d)) is repealed.

(b) Section 320 (D.C. Official Code § 2-303.20) is amended by adding a new subsection (r) to read as follows:

"(r) Notwithstanding section 105(a), (b), (c), and (e), the Mayor may designate the Chancellor of the District of Columbia Public Schools as the procurement authority for District of Columbia Public Schools, consistent with the other provisions of this act.".

Sec. 1003. 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. 316; D.C. Official Code § 38-101 et seq.), is amended as follows:

(a) Section 2(a)-(f) (D.C. Official Code § 38-101) is repealed.

(b) Section 2(h) (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.

(d) Section 3(2) (D.C. Official Code § 38-106) is repealed.

(e) 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. 1004. 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:

"Sec. 1. Provisional duties of the Chancellor.

"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. 1005. Section 143 of the District of Columbia Appropriations Act, 1995, approved September 30, 1994 (108 Stat. 2594; D.C. Official Code § 38-154), is amended as follows:

(a) Subsection (a) is amended by striking the phrase "Hereafter, the Board of Education" and inserting the phrase "The Chancellor" in its place. (b) Subsection (d)(1) is amended as follows:

(1) Strike the phrase "Board of Education of the District of Columbia" and insert the word "Mayor" in its place.

(2) Strike the phrase "Congress, and to the Mayor and Council" and insert the phrase "Congress and to the Council" in its place.

Sec. 1006. 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 "The Board of Education of the District of Columbia" and inserting the phrase "The Mayor" in its place.

Sec. 1007. 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) Strike the phrase "District of Columbia Board of Education" wherever it appears and insert the phrase "District of Columbia Public Schools" in its place.

(b) Strike the word “Superintendent” and insert the word “Chancellor” in its place.

Sec. 1008. 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 as follows:

(a) Strike the phrase "District of Columbia Board of Education” both times it appears and insert the phrase "Chancellor" in its place.

(b) Strike the phrase "Board of Education” wherever its appears and insert the phrase "Chancellor" in its place.

Sec. 1009. 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) Subsection (a) is amended by striking the phrase “June 30, 2006” and inserting the phrase “June 1, 2007” in its place.

(b) Subsection (b)(1) is amended by striking the phrase "Board of Education" and inserting the phrase "District of Columbia Public Schools" in its place.

(c) Subsection (c) is amended striking the phrase "Superintendent and Board of Education shall consult with the Mayor, the Council," and inserting the phrase "Mayor shall consult with the Council, the Director of the Office of Public Education Facilities Modernization," in its place.

(d) Subsection (d) is amended by striking the phrase “Board of Education” and inserting the word “Mayor” in its place.

Sec. 1010. The School Modernization Financing Act of 2006, effective 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.C. Official Code § 38-2971.01) is amended as follows:

(1) Subsection (a) is amended by striking the phrase “District of Columbia Public Schools capital budget” and inserting the phrase “Office of Public Education Facilities Modernization” in its place.

(2) Subsection (d) is amended striking the phrase "that are requested by the Board of Education to the Board of Education through the District of Columbia Public Schools capital budget" and inserting the phrase "to the Office of Public Education Facilities Modernization" in its place.

(3) Subsection (e) is amended by striking the phrase “District of Columbia Public Schools” and inserting the phrase “Office of Public Education Facilities Modernization” in its place.

(b) Section 102 (D.C. Official Code § 38-2971.02) is amended by striking the phrase in the heading “District of Columbia Public School” and inserting the phrase “Office of Public Education Facilities Modernization” in its place.

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

(A) Strike the phrase “Board of Education” and insert the phrase “Office of Public Education Facilities Modernization” in its place.

(B) Strike the phrase “District of Columbia Public Schools” and insert the phrase “Office of Public Education Facilities Modernization” in its place.

(C) Strike the phrase “modernization of public school facilities” and insert the phrase “modernization of public school facilities and to pay for the budget and administrative costs of the Office of Public Education Facilities Modernization” in its place.

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

(A) Strike the phrase “Board of Education” and insert the phrase “Office of Public Education Facilities Modernization” in its place.

(B) Strike the phrase “in accordance with” and insert the phrase “to fund the Office of Public Education Facilities Modernization and to modernize District of Columbia Public Schools in accordance with” in its place.

(3) Subsection (c) is amended by striking the phrase “Board of Education through the District of Columbia of Columbia Public Schools capital budget” and inserting the phrase “Office of Public Education Facilities Modernization” in its place.

(4) Subsection (d) is amended by striking the phrase “the Board of Education” and inserting the phrase “Secretary to the Council of the District of Columbia” in its place.

(d) Section 104(a)(4) (D.C. Official Code § 38-2971.04(a)(4)) is amended as follows:

(1) Strike the word “Superintendent” and insert the phrase “Director of the Office of Public Education Facilities Modernization” in its place.

(2) Strike the phrase “District of Columbia Public Schools” and insert the phrase “Office of Public Education Facilities Modernization” in its place.

(e) Section 201 (D.C. Official Code § 38-2973.01) is amended as follows:

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

(A) Paragraph (1) is amended by striking the phrase “of the Board of Education and those of the District” and inserting the phrase “of the Mayor” in its place.

(B) Paragraph (3) is amended by striking the phrase “Board of Education” and inserting the phrase “Director of the Office of Public Education Facilities Modernization” in its place.

(2) Subsection (b) is amended to read as follows:

“(b) The Committee shall consist of 11 members, as follows:

“(1) The Mayor shall appoint 5 members to the Committee, of which one member shall be the parent of a District of Columbia Public Schools ("DCPS") student and one member shall be a teacher in DCPS.

“(2) The Council shall appoint 3 members.

“(3) The Chief Financial Officer shall appoint 2 members.

“(4) The Board of the Education shall appoint one member.”.

(3) Subsection (d) is amended by striking the phrase “3 years, with no more than one renewal” and inserting the phrase “3 years” in its place.

(4) Subsection (f) is amended by striking the phrase “Board of Education” and inserting the phrase “Office of Public Education Facilities Modernization” in its place.

(5) Subsection (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.”.

(f) Section 202 (D.C. Official Code § 38-2973.02) is amended as follows:

(1) The heading is amended by striking the word “Superintendent” and inserting the phrase “the Director of the Office of Public Education Facilities Modernization” in its place.

(2) Subsection (a) is amended by striking the word “Superintendent” and inserting the phrase “Director of the Office of Public Education Facilities Modernization” in its place.

(3) Subsection (b) is amended by striking the word “Superintendent” and inserting the phrase “Director of the Office of Public Education Facilities Modernization” in its place.

(4) Subsection (c) is amended to read as follows:

“(c) The Committee shall forward any written assessment provided to the Director of the Office of Public Education Facilities Modernization to the Mayor, the Council, the Chancellor of the District of Columbia Public Schools, and the Chief Financial Officer.”.

(5) Subsection (d) is amended as follows:

(A) Strike the word “Superintendent” and insert the phrase “Director of the Office of Public Education Facilities Modernization” in its place.

(B) Strike the phrase “District of Columbia Public Schools” and insert the phrase “Office of Public Education Facilities Modernization” in its place.

(6) Subsection (e) is amended as follows:

(A) Paragraph (1) is amended as follows:

(i) Strike the word "Superintendent" and insert the phrase "Director of the Office of Public Education Facilities Modernization" in its place.

(ii) Strike the phrase "the Chair of the Council, the Chair of the Committee on Education, Libraries, and Recreation, and the President of the Board of Education." and insert the phrase "the Council, the Chancellor of the District of Columbia Public Schools, and the Chief Financial Officer.” in its place.

(B) Paragraph (2) is amended by striking the word “Superintendent” and inserting the phrase “Director of the Office of Public Education Facilities Modernization” in its place.

(g) Section 203 (D.C. Official Code § 38-2973.03) is amended as follows:

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

(A) Strike the phrase "June 1, 2006" and insert the phrase “October 1, 2007” in its place.

(B) Strike the phrase "Superintendent, with the approval of the Board of Education," and insert the phrase "Director of the Office of Public Education Facilities Modernization, in consultation with the Mayor," in its place.

(2) Subsection (b) is repealed.

(h) Section 204 (D.C. Official Code § 38-2973.04) is amended by striking the phrase “District of Columbia Public Schools” wherever it appears and inserting the phrase “Office of Public Education Facilities Modernization” in its place.