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School Governance Companion Amendment Act of 2000

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ENGROSSED ORIGINAL

To amend 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 to set the term of office for members of Board of Education, including the president of the Board, to four years to stagger the terms of the elected and anointed members of the Board; to provide for the expiration of the terms of the current Board members upon election of the new Board members; to provide the procedure for appointing Board members; to provide for filling Board vacancies; to require that candidates for the Board of Education be residents of the District of Columbia for 1 year; provides for the roles and responsibilities of Board members; provides for the establishment of the education reform benchmarks, and to amend the District of Columbia election Code of 1955 to provide dates for electing members of the Board of Education.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "School Governance Companion Amendment Act of 2000".

Sec. 2. Section 2 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. 316; D.C. Code §31-101(b) et seq.). is amended as follows:

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

(1) Paragraph (3)(B) is amended to read as follows:

"(B) Except as provided in subparagraphs (C) and (D) of this paragraph, the term of office of a member of the Board of Education, including the President. shall be 4 years. Board members may serve 2 consecutive terns.".

(2) New subparagraphs (C) and (D) are added to read as follows:

"(C) The terms of office of the members of the Board of Education to be sworn in during the year 2001 and 2003, shall be as follows:

"(i) 2001: a four-year term for the elected members of the Board of Education from the 4 Districts and a two-year term for the President, who is elected at-large, and the four Mayoral appointees.

(ii) 2003: A four-year term for the President of the Board of Education, who is elected at-large, and the 4 mayoral appointees.

"(D) Upon the enactment of the School Governance Charter Amendment Act of 2000, signed by. the Mayor on March 1, 2000, (D.C. Act 13-295; DCR ), terms of the members of the Board of Education elected in 1998 shall expire on January 2.2001."

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

(1) Paragraph (1) is amended by striking the phrase "have for the 90-day period immediately preceding his nomination, resided in the school election ward from which he is nominated" and inserting the phrase "have for one year immediately preceding the election resided in the special school district from which he or she is nominated" in its place.

(2) Paragraph (2) is amended as follows:

(1) Strike the phrase "have, during the 90-day period next preceding his nomination" and insert the phrase "have during the one year period immediately before the election".

(2) The last sentence of the paragraph is amended by striking the phrase "his office " and inserting the phrase "his or her office" in its place.

(c) Subsection (e) is amended by striking the first sentence in its entirety.

Sec. 3. The District of Columbia Election Code of 1955 approved August 12 1955 (69 Stat. 699: D.C. Code §1-1301 et seq.), is amended as follows:

(a) A new subsection (c-1) is added to read as follows:

"(c-1) Members appointed by the Mayor shall serve 4 year terms. except as provided in section 2(b)(3)(C)(i) 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. 316: D.C. Code §31-101(b)(3)(C)(i)), and may serve two consecutive terms. Members appointed by the May all be District residents. The Mayor shall forward 4 candidates for Council confirmation 45 days before April 15 of the first year of a mayoral term. The 4 confirmed appointed members shall be sworn in on April 15 or as soon as practical thereafter, except for those appointed in 2000 whose terms shall commence January 2, 2001, pending confirmation by the Council. A majority of the sworn members of the Board of Education shall constitute a quorum.

"(3) A vacancy among the appointed Board members shall be filled within days of its occurrence. The Mayor shall submit a nominee to the Council for confirmation within 30 days of the vacancy. Any Board member appointed in this fashion shall serve until the end of the original term.

(b) Section 8(m), (D.C. Code §1-1312(m)) is amended as follows:

"(m) The election of the members of the Board of Education shall be conducted on a nonpartisan basis and in accordance with the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Code §1-1301 et seq.).

(2) Subsection (n) is amended by striking "ward" where it appears and inserting the phrase "school district" in its place.

(c) Section 10(e) (D.C. Code §1-1314(e)1 is amended as follows:

(1) The existing language is designated as paragraph (1). The newly designated paragraph (1) is amended by striking the phrase "a vacancy on," and inserting the phrase "a vacancy of an elected member of" in its place.

(2) A new paragraph (2) is added to read as follows:

"(2) When the office of the President becomes vacant, the Board of Education shall select one of the members of the Board to serve as the interim President until the election of a new President."

(d) Section 20(f) (D.C.Code 1-1314(f) is amended by striking the phrase "a vacancy of an elected member of in its place."

Sec. 4. The third unnumbered paragraph of Section 2 (D.C. Code §31-102) is amended to read as follows:

"(a) The Board of Education shall determine all questions of general policy relating to the schools and the Superintendent shall implement such policy. The Board of Education shall appoint and evaluate the Superintendent who shall be responsible for the day-to-day operation of the schools.

"(b) The Board of Education shall at least every two years adopt and publish an Education Policy Agenda that establishes mending priorities goals and objectives that establishes the organizational chart for the DCPS; and that recognizes the policy-setting role of the Board and the management role of the Superintendent. In the course of preparing the Agenda, the Board of Education and the Superintendent shall take into account the recommendations of the Mayor, community and parent organizations, and recognized experts in the fields of education and finance. The Agenda shall be published in the D.C. Register and newspapers of general circulation.

"(c) The Board of Education shall hire the Superintendent of Schools who shall be the chief executive officer for D.C. Public Schools serve as a nonvoting member of the Board and be responsible for the operations of the schools. The Board and Superintendent shall negotiate a performance contract setting forth the specific responsibilities of the Superintendent and shall make the contract available to the public on request.

"(d) The Board of Education shall establish personnel policies and guidelines for the hiring of principals and other personnel by Superintendent, but Shall not make or approve personnel decisions or negotiate with representatives of employee organizations.

"(e) The Board of Education shall establish guidelines and goals for academic achievement.

Sec. 5. Section 31-104.2, is amended to add a new section (e):

"(e) On August 1 of each year starting in 2000 the Superintendent shall report to the Board and the Board shall forward to the Mayor and Council the following information to serve as measure of improvements in D.C. Public Schools:

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

"(2) Drop out rate in the proceeding school year;

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

"(4) Number of safety incidents by school and type for proceeding school year;

"(5) Teacher and principal turnover rate for proceeding, 12 months and top three reasons for departures;

"(6) Teacher and principal evaluation ratings for proceeding 12 months;

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

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

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

Sec. 6. Fiscal impact statement. 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. Code §1-233(c)(3))..

Sec. 7. This act shall apply upon the effective date of the School Governance Charter Amendment Act of 2000, signed by the Mayor on March 1, 2000 (D.C. Act 13-295; DCR ).

Sec. 8. This act shall take effect following approval by the Mayor or in the event of veto by the Mayor, action by Council to override the veto), approval by the Financial Responsibility Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a), 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. Code §1-233(c)(1), and publication in the District of Columbia Register.

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