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Councilmember Kathy Patterson A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Kathy Patterson introduced the following bill, which was referred to the
Committee on Education, Libraries and Recreation and the Committee of the Whole.
To amend An Act To fix and regulate the salaries of teachers, school officers, and
employees of the Board of Education of the District of Columbia to establish a procedure
for the appointment and confirmation of 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 "Board of Education Reform Amendment Act of 1999."
Sec. 2. Section 2 of An Act To fix and regulate the salaries of teachers, school of
officers and employees of the Board of Education of the District of Columbia, approved
June 20, 1906 (34 Stat. 316; D.C. Code §31-101(b)-(e)), are amended as follows:
(a) Section 2(b) is amended to read as follows:
"(b)(1) Except as provided in paragraph (3) of this subsection, the term of office
of a member of the Board of Education shall be 4 years.
"(2) Members of the Board of Education may serve 2 terms, and may receive
reimbursement for any expenses incurred in conducting the business of the Board of
Education.
"(3) The term of office of a member of the Board of Education
appointed in 2000 shall expire on May 15, 2003. The Mayor may reappoint any or all of the
members of the Board of Education then serving or may appoint new members from a list of
names provided by a new Nominating Committee. This new Nominating Committee shall be
appointed pursuant to the provisions of subsection (f) of this section. The members of the
Board of Education appointed to serve beginning May 15, 2003, shall serve for 4 years,
assuming the electorate approves the continuation of an appointed Board of Education in
March 2004, pursuant to the terms of section
"(c)(l) Each member of the Board of Education appointed by the
Mayor shall have been, at the time of his nomination, an actual resident of the District
of Columbia for the 1-year period immediately preceding his nomination, and during the
period shall not have claimed residence elsewhere. A member shall remain a District
resident while a member of the Board of Education. A member shall forfeit his office upon
failure to maintain the qualifications required by this paragraph.
"(2) No individual may hold the office of member of the 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 any instrumentality of the District government.
"(d) Each member of the Board of Education shall have demonstrated
knowledge or experience in the fields of education, finance or business management.
"(e) The Mayor shall select a President of the Board of Education
from among the 5 appointed members of the Board before the first meeting of the Board and
no later than June 1, 2000. The Board of Education may appoint a secretary, who shall not
be a member of the Board of Education. The Board of Education shall hold public meetings
at least once per month during the school year and additional meetings the Board may from
time to time deem necessary. Meetings of the Board of Education shall be open to the
public, except that, the Board of Education:
"(1) May close to the public any meeting, or portion of any
meeting, dealing with the appointment, promotion, transfer, or termination of employment
of, or any other related matter involving, any employee of the District of Columbia public
schools; and
"(2) May close to the public any meeting , or portion of any
meeting, dealing with any other matter but no final policy decision on such other matter
may be made by the Board of Education in a meeting, or portion of any meeting, closed to
the public.
(b) New subsections (f), (g) are added to read as follows:
"(f) As soon as feasible after the enactment of the Board of
Education Reform Amendment Act of 1999, but no later than May 15, 2000, the Mayor shall
appoint a Board of Education Nominating Committee consisting of 9 members. This Nominating
Committee shall then submit a list of 15 candidates for membership on the Board of
Education to the Mayor no later than May 31, 2000. If the Nominating Committee fails to
submit a list of candidates by May 31, 2000, the Mayor may appoint any or all 5 members of
the Board of Education so long as the requirements in subsections (c) and (d) of this
section are met.
"(1) This 9 member Nominating Committee shall consist of:
"(A) Four individuals who are parents of current or former
students the District of Columbia public school students. Two parents shall be selected in
consultation with citywide parent organizations; the third parent shall be selected in
consultation with organizations representing children with special needs; and the fourth
parent shall be selected in consultation with organizations representing language minority
children;
"(B) A president of a college or university located in the
District of Columbia, to be selected in consultation with the President of the Consortium
of Universities;
"(C) A local business leader who shall be selected in consultation
with local business organizations;
"(D) A representative selected in consultation with the collective
bargaining agent for teachers employed in the District of Columbia public schools;
"(E) A representative selected in consultation with the collective
bargaining agent for school officers employed in the District of Columbia public schools;
and,
"(F) A local community leader.
"(2) Except as provided for in paragraph (4) of this subsection,
the term of office of a member of the Nominating Committee shall be 4 years.
"(3) Members of the Nominating Committee may serve 2 terms, and
may receive reimbursement for any expenses incurred in conducting the business of the
Nominating Committee.
"(4) The term of office of a member of the Nominating Committee
appointed in 2000 shall expire on January 1, 2003. The Mayor may re-appoint any or all of
the then members of the Nominating Committee or may appoint a new Nominating Committee to
assist in the selection of one or more new members of the Board of Education. The members
of the Nominating Committee selected on or after January 1, 2003, shall serve for 4 years,
assuming the electorate approves the continuation of an appointed Board of Education in
March 2004, pursuant to the provisions of section 3.
"(5) Each member of the Nominating Committee appointed by the
Mayor shall have been, at the time of his nomination, an actual resident of the District
of Columbia for the 1 year period immediately preceding his nomination, and during this
period shall not have claimed residence elsewhere. A member shall forfeit his office upon
failure to maintain the qualifications required by this paragraph.
"(6) No individual may be a member of the Nominating Committee and
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. A member shall forfeit his of fice upon failure to maintain the qualifications
required by this paragraph.
"(g) Whenever, before the end of his term, a member of the Board
of Education dies, resigns, or becomes unable to serve, or a member-elect of the Board of
Education fails to take office, each vacancy shall be filled within 45 days of the
vacancy's occurrence. Any such vacancy shall be filled by the Mayor selecting from a list
of 3 names submitted by the Nominating Committee to the Mayor within 30 days of the
vacancy's occurrence. Any member appointed in this fashion shall serve until the end of
the original term.".
Sec. 3. Section 2 of this act shall expire upon the adoption of a
charter amendment submitted and adopted in a referendum by a majority of the electorate
that restores the language of section 495 as originally adopted in 1973 in the District of
Columbia Home Rule Act.
Sec. 4. Conforming amendments.
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) Sections 8(m) and (n) (D.C. Code §1312(m) and (n)) are repealed.
(b) Sections l0(a)(5)(e) and (f) (D.C.Code §1314(a)(5)(e) and (f)) are
repealed.
Sec. 5. 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 )).
Sec. 6. This act shall take effect following approval by the Mayor (or in the event of
veto by the Mayor, action by the Council to override the veto), approval by the Financial
Responsibility and 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. |
