ENROLLED ORIGINAL
DISTRICT OF COLUMBIA PUBLIC EDUCATION REFORM AMENDMENT ACT OF 2007
TITLE I. ESTABLISHMENT OF DISTRICT OF COLUMBIA PUBLIC SCHOOLS AGENCY
Sec. 101. Short title
Sec. 102. District of Columbia Public Schools agency; establishment
Sec. 103. Mayor's authority; rulemaking
Sec. 104. Budget requirements of the District of Columbia Public Schools
Sec. 105. Chancellor; appointment; duties
Sec. 106. Transfers; continuation
Sec. 107. Applicability
TITLE. II. DEPARTMENT OF EDUCATION
Sec. 201. Short title
Sec. 202. Department of Education; establishment; authority
Sec. 203. Special education; reporting requirement
Sec. 204. Evaluation and re-authorization
TITLE III. STATE EDUCATION AGENCY FUNCTIONS AND RESPONSIBILITIES
Sec. 301. Short title
Sec. 302. The State Education Office Establishment Act of 2000 Amendment
Sec. 303. The Adult Education Designation Amendment Act of 1998
Sec. 304. The Early Intervention Program Establishment Act of 2004
Sec. 305. Applicability
TITLE IV. ESTABLISHMENT OF STATE BOARD OF EDUCATION
Sec. 401. Short title
Sec. 402. State Board of Education; establishment; membership
Sec. 403. Functions of the Board
Sec. 404. Applicability
TITLE V. INTERAGENCY COLLABORATION AND SERVICES INTEGRATION COMMISSION
Sec. 501. Short title
Sec. 502. Definitions
Sec. 503. Purpose
Sec. 504. Commission; establishment; authority
Sec. 505. Duties
Sec. 506. Membership
Sec. 507. Administrative support.
Sec. 508. Applicability
TITLE VI. EDUCATION OMBUDSMAN
Sec. 601. Short title
Sec. 602. Office of Ombudsman; establishment; term
Sec. 603. Qualifications
Sec. 604. Duties
Sec. 605. Authority
Sec. 606. Limitations; protections
Sec. 607. Applicability
TITLE VII. OFFICE OF PUBLIC EDUCATION FACILITIES MODERNIZATION
Sec. 701. Short title
Sec. 702. Office of Public Education Facilities Modernization;
establishment
Sec. 703. Director; appointment
Sec. 704. Director; authority
Sec. 705. Reporting requirement
TITLE VIII. PUBLIC CHARTER SCHOOL ACCOUNTABILITY REFORM
Sec. 801. Short title
Sec. 802. The District of Columbia School Reform Act of 1995
Sec. 803. The Public Charter Schools Act of 1996
Sec. 804. Applicability
TITLE IX. CHARTER AMENDMENT REQUEST
Sec. 901. Short title
Sec. 902. The District of Columbia Home Rule Act
Sec. 903. Applicability
TITLE X. CONFORMING AMENDMENTS
Sec. 1001: The District of Columbia Government Comprehensive Merit
Personnel Act
of 1978
Sec. 1002. The District of Columbia Procurement Practices Act of 1985
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
Sec. 1004. An Act To authorize appointment of
public-school employees between meetings of the Board of Education
Sec. 1005. The District of Columbia
Appropriations Act, 1995
Sec. 1006. The District of Columbia Board of Education School Seal Act
of 1978
Sec. 1007. The Budget Support Act of 1995
Sec. 1008. The District of Columbia Public School Support
Initiative of 1986
Sec. 1009. The School Based Budgeting and Accountability Act of 1998
Sec. 1010. The School Modernization Financing Act of 2006
Sec. 1011. Applicability
TITLE XI. FISCAL IMPACT; EFFECTIVE DATE
Sec. 1101. Fiscal impact statement
Sec. 1102. Effective date
AN ACT
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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 Department of Education
headed by a Deputy Mayor for Education; to amend the State Education
Office Establishment Act of 2000 to change the name of the State
Education Office to the Office of the State Superintendent of Education,
and to transfer and assign state-level education agency functions to the
State Superintendent of Education Office; to repeal the Adult Education
Designation Amendment Act of 1998; to amend the Early Prevention Program
Establishment Act of 2004 to provide that the Early Intervention Program
shall be an office of and administered by the Office of the State
Superintendent of Education; 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; to create an
Office of Public Education Facilities Modernization to manage school
modernization projects; 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 remain charters without a
petition, to establish the Office of the State Superintendent of
Education as an office of appeal of a denial of a public school charter,
to require a performance review of a public charter school every 5
years, and to clarify that a chartering authority may revoke a school
charter for insufficient academic performance; to repeal the Public
Charter Schools Act of 1996; to amend the District of Columbia Home Rule
Act to repeal section 452 regarding the District of Columbia Public
Schools Budget and section 495 regarding the District of Columbia Board
of Education; to amend the District of Columbia Government Comprehensive
Merit Personnel Act of 1978, the District of Columbia Procurement
Practices Act of 1985, 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, An Act To authorize appointment of
public-school employees between meetings of the Board of Education, the
District of Columbia Appropriations Act, 1995,
the District of Columbia Board of Education School Seal Act of 1978, the
Budget Support Act of 1995, the District of Columbia Public School
Support Initiative of 1986, the School Based Budgeting and Accountability Act of 1998, and the
School Modernization Financing Act of 2006 to make conforming
amendments.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
maybe cited as the "Public Education Reform Amendment Act of
2007".
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 education-related 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.
(c) The duties of the Chancellor shall include to:
(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) Promulate 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.
(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 Star. 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 II. DEPARTMENT OF EDUCATION
Sec. 201. Short title.
This title may be cited as the "Department of Education
Establishment Act of 2007".
Sec. 202. Department of Education; establishment; authority.
(a) Pursuant to section 404(b) of the Home Rule Act, the Council
establishes a Department of Education, subordinate to the Mayor. The
department shall be headed by a Deputy Mayor for Education, 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)).
(b) The Department of Education shall:
(1) Have oversight of the:
(A) State Superintendent of Education Office;
(B) Office of Public Education Facilities
Modernization;
(C) Office of Ombudsman for Public Education; and
(D) Development of a comprehensive, District-wide data system that
integrates and tracks data across education, justice, and human service
agencies.
(2) Be responsible for the planning, coordination, and supervision of
all public education and education-related activities under
itsjurisdiction, including development and support of programs to
improve the delivery of educational services and opportunities, from
early childhood to the post-secondary education level; provided, that
nothing in this title shall be interpreted to grant to the Mayor any
authority over the University of the District of Columbia that is
currently vested in the Board of Trustees of the University of the
District of Columbia;
(3) 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;
(4) Coordinate programs, policies, and objectives of the Mayor with the
Board of Trustees of the University of the District of Columbia;
(5) Promote, coordinate, and oversee the enhancement and quality of
workforce preparation programs within the State Superintendent of
Education Office;
(6) Promote, coordinate, and oversee the enhancement and quality of
adult literacy and adult education programs within the State
Superintendent of Education Office; and
(7) Submit to the Mayor, Chancellor, State Board of Education, and the
Council the reports required by section 604(14) and (15).
Sec. 203. Special education; reporting requirement.
Within 60 days of the effective date 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
Special Education Task Force Establishment 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).
Sec. 204. Evaluation and re-authorization.
(a)(1) Except as provided in subsection (b) of this section, the Mayor
shall submit to the Council by September 15 of each year, beginning in
2008, projected benchmarks by which to measure annual achievements
within District of Columbia Public Schools.
(2)(A) The Mayor shall submit to the Council by September 30 of each
year, beginning in 2008, an annual evaluation of District of Columbia
Public Schools that includes an assessment of:
(i) Business practices;
(ii) Human resources operations;
(iii) All academic plans; and
(iv) The annual achievements made as measured against the benchmarks submitted the previous year in accordance with paragraph (1)
of this subsection, including a detailed description of student achievements.
(B) For the 2008 evaluation, for which benchmarks would not have been
submitted in the prior year, the annual achievements shall be measured
using existing, reliable data and that data shall be included, or an
abstract thereof, in the evaluation.
(b) On September 15, 2012, in lieu of the annual evaluation required by
subsection (a) of this section, the Mayor shall submit to the Council a
5-year assessment of the public education system established by this
act, which shall include:
(1) A comprehensive evaluation of public education following the passage
of this act; and
(2) A determination as to whether sufficient progress in public
education has been achieved to warrant continuation of the provisions
and requirements of this act or whether a new law, and a new system of
education, should be enacted by the District government.
(c)(1) The evaluations required by this section shall be conducted by an
independent evaluator that shall be recommended by the Mayor and
submitted to the Council for approval by September 15, 2007, for a
30-day review period.
(2) If the Council does not approve or disapprove the recommendation, by
resolution, within the 30-day review period, the recommendation shall be
deemed disapproved.
(3) The evaluations required by this section may be conducted by the
same independent evaluator for 5 consecutive years.
(4) For the purposes of this subsection, the term "independent
evaluator" means an individual or entity that has neither a current
contractual or employment relationship with the District government.
TITLE III. STATE EDUCATION AGENCY FUNCTIONS AND RESPONSIBILITIES
Sec. 301. Short title.
This title maybe cited as the "Public Education State-Level
Functions and State Education Agency Functions and Responsibilities
Designation Amendment Act of 2007".
Sec. 302. 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 as follows:
(a) Section 2 (D.C. Official Code § 38-2601) is
amended to read as follows:
(1) Subsection (a) is amended by striking the phrase "a State
Education Office ("SEO")" and inserting the phrase
"an Office of the State Superintendent of Education
("OSSE' )" in its place.
(2) Subsection (b) is amended as follows:
(A) Strike the acronym "SEO" and insert the
acronym "OSSE"
in its place.
(3) New subsections (c) and (d) are added to read as
follows:
"(c) The State Superintendent shall serve as
the chief state school officer for the District of Columbia and
shall represent the OSSE and the District of Columbia in all matters
before the United States Department of Education and with other
states and educational organizations.
"(d) All operational authority for state-level
functions, except that delegated to the State Board of Education in
section 403 of the Public Education Reform Amendment Act of 2007,
passed on 2nd reading on April 19, 2007 (Enrolled version of Bill
17-1), shall vest in the Office of the State Superintendent of
Education under the supervision of the State Superintendent of
Education.".
(b) A new section 2a is added to read as follows:
"Sec. 2a. Duties.
'The Office of the State Superintendent of Education
shall 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 grant-making, oversight, and state educational
agency functions for standards, assessments, and federal
accountability requirement for elementary and secondary
education."
(c) Section 3(b) (D.C. Official Code §38-2602(b)) is
amended as follows:
(1) Paragraph (5) is amended by striking the word
"and" at the end.
(2) Paragraph (6) is amended by striking the period at the end and
inserting a semicolon in its place.
(3) New paragraphs (7), (8), (9), (10), (11), (12), (13), (14), and (15)
are added to read as follows:
"(7) Issue rules to establish requirements to govern acceptable
credit to be granted for studies completed at independent, private,
public, public charter schools, and private instruction;
"(8) Prescribe minimum amounts of instructional time for all
schools, 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 Early Intervention Services Program, 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 §
7863.02);
"(10) Provide for the education of children in the custody of the
Department of Youth Rehabilitation Services;
"(11) Formulate and promulgate rules neceesary to
carry out its
functions, including rules governing the process for review and approval
of state-level policies by the
State Board of Education under section 403 of the Public Education
Reform Amendment Act of 2007, pursuant to the District of Columbia
Administrative Procedure Act, approved October 21, 1 ,r F_ (N2 ~tnt ,U4;
D.(-. O:1=cial Code § 2-501 et seq.);
"(12) Develop and adopt policies that come within the functions of
state educational agencies under federal law, subject to the approval of
the State Board of Education for those policies that are subject to
board approval under section 403 of the Public Education Reform
Amendment Act of 2007;
"(13) Conduct studies and pilot projects to develop, review, or
test state policy;
"(14) Provide staff support to the State Board of Education to
enable it to perform its functions as enumerated in section 403 of the
Public Education Reform Amendment Act of 2007; and
"(15) Fulfill any other responsibilities consistent with the
performance of the state-level education functions of the District of
Columbia.".
(d) A new section 3a is added to read as follows:
"Sec. 3a. Transfer of state-level functions from the Board of
Education.
"(a) 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 and all 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 section 3 are
transferred to the Office of the State Superintendent of Education.
"(b) The transfer described in subsection (a) of this section shall
be in accordance with section 7.".
(e) A new section 6a is added to read as follows:
"Sec. 6a Transition plan for transfer of state-level functions.
"(a) Within 90 days of the effective date of Title III of the
Public Education Reform Amendment Act of 2007 ("Title III"),
the Office of the State Superintendent of Education shall submit to the
Mayor for approval a detailed transition plan, in accordance with
section 7, for implementation of the transfers set forth in Title III,
which shall begin within 30 days of approval; provided, that prior to
completion and submission of the plan, the Mayor shall give notice of
the contemplated action and an opportunity for a hearing for public
comment on the plan, which shall:
"(1) Be formulated in consultation with the Board of Education, the
District of Columbia Public Schools, the Public Charter School Board,
the Washington Teachers Union, and with any relevant District and
federal agencies;
"(2) Identify the authority and responsibility of each entity at
each stage in the transition process;
"(3) Specify time lines, dates, and benchmarks for completion of
the transfer;
"(4) Provide an estimate of the cost to the
OSSE of carrying out each transferred function; and
"(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 for review.".
(f) Section 7a(a) (D.C. Official Code § 38-2607(a)) is amended by
striking the phrase "State Education Office" and inserting the
phrase "Office of the State Superintendent of Education" in
its place.
(g) A new section 7b is added to read as follows:
"See. 7b. Supervision of adult education program.
"(a) The OSSE shall be the state agency responsible for supervision
of adult education and adult literacy.
"(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 and 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 are transferred to the OSSE.
"(c) The transfer described in subsection (b) of this section shall
be in accordance with section 7.
"(d) The Office of the State Superintendent of Education shall
apply for federal funds as provided in the Adult Education Act, approved
April 28, 1988 (102 Stat. 302; 20 U.S.C. § 1201 et seq.).
"(e)(1) Notwithstanding any other provision of law, the OSSE 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 OSSE,
which shall be 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 fixed is
in accordance with section 6 of the District of Columbia Administrative
Procedure Act, approved October 21, 1968 (82 Star. 1204; D.C. Official
Code § 2-505). Following the adoption of the fee rates, the OSSE shall
transmit a copy of the fee schedule to the Mayor and the Council.
"(2) All amounts received by the OSSE pursuant to this subsection
shall be paid to the District of Columbia Treasurer and deposited in the
General Fund of the District of Columbia in a segregated account to be
available as a revenue source for the OSSE to fund 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 OSSE.".
Sec. 303. Section 212 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.
Sec. 304. The Early Intervention
Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law
12-231; D.C. Official Code §7-863.01 et seq.), is amended as
follows:
(a) Section 503(a) (D.C. Official Code § 7-863.03(a)) is amended by
striking the phrase Amend "families. The Program will be
administered and supervised by a lead agency designated by the
Mayor." and inserting the phrase "families, which shall be an
office of and administered by the Office of the State Superintendent of
Education." in its place.
(b) A new section 503a is added to read as follows:
"Sec. 503a. Transfer from Department of Human Services;
continuation.
"(a) All positions, personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds available or to
be made available to the Department of Human Services that support
functions related to the responsibilities of the Early Care and
Education Administration and the Early Intervention Program and all of
the powers, duties, and functions delegated to the Department of Human
Services concerning the establishment, development, and institution of
functions related to the Early Intervention Program are transferred to
the Office of the State Superintendent of Education, 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) ("OSSE Act"). The transfer shall be implemented in
accordance with the transition plan required by section 6a of the OSSE
Act.
"(b) All rules, orders, obligations, determinations, grants,
contracts, licenses, and agreements of the Board of Education, the
District of Columbia Public Schools, the Department of Human Services,
or the University of the District of Columbia relating to functions
transferred to the Office of the State Superintendent of Education under
subsection (a) of this section shall remain in effect according to their
terms until lawfully amended, repealed, or modified.".
Sec. 305. Applicability.
This title shall apply upon Congressional enactment of Title IX and
inclusion of its effect in an approved budget and financial plan.
TITLE IV. ESTABLISHMENT OF STATE BOARD OF EDUCATION.
Sec. 401. Short title.
This title may be cited as the "State Board of Education
Establishment Act of 2007".
Sec. 402. State Board of Education; establishment; membership.
(a)(1) There is established a State Board of Education
("Board") consisting of 9 members. Four members shall be
appointed by the Mayor and confirmed by the Council. Five members shall
be elected. Four of the 5 elected members shall be elected from the 4
school districts created pursuant to subsection (c) of this section. One
member shall be elected at-large as the President of the Board.
(2) Upon enactment of Title IX, the members of the Board of Education
established pursuant to section 495 of the Home Rule Act shall serve as
the initial State Board of Education established by this title until
noon, January 2, 2009.
(b) Beginning at 12:01 p.m. on January 2, 2009, the
Board shall consist of 9 elected members. One member shall be elected
from each of the 8 school 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), and one member shall be elected
at-large. The Board shall select its president from among the 9 members
of the Board.
(c) The 4 school districts for the election of Board members, as
described in subsection (a)(1) 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 I and 2 shall comprise School District I;
(2) Wards 3 and 4 shall comprise School District 11;
(3) Wards 5 and 6 shall comprise School District BE and (4) Wards 7 and
8 shall comprise School District IV.
(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,
which shall not exceed the amount provided for in section 1110 of the District
of Columbia Government 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 elected in a general election
shall commence at 12:01 p.m. on January 2 of the year following the
election. The term of office of an incumbent member shall expire at
noon, January 2 of the year following the general election.
(B) The initial terms of the members of the Board 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, including the at-large member, shall:
(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 § 1-1001.02), in the school election ward
from which he seeks election;
(B) Have resided in the ward from which he or she is nominated for one
year immediately preceding the election;
(C) Not 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
(D) Not be an officer or employee of the District of Columbia government
or of the Board.
(2) A member shall forfeit his or her office upon failure to maintain
the rein irrments of this subsection.
(f) The election of the members of the Board shall be
conducted on a nonpartisan basis and in accordance with the District of Columbia Election Code of 1955,
approved August 12. 1955 (69 Star. 699; D.C. Official Code § 1-1001.01
et seq.) ("Election Code Act").
(g) If a member of the Board dies, resigns, or otherwise
becomes unable to serve or a member-elect fails to take office, the vacancy shall be filled as
provided in section I O(e) and (g) of the Election Code Act.
Sec. 403. Functions of the Board.
(a) The Board shall:
(1) Advise the State Superintendent of Education on educational matters,
including:
(A) State standards;
(B) State policies, including those governing special, academic,
vocational, charter, and other schools;
(C) State objectives; and
(D) State regulations proposed by the Mayor or the State Superintendent of Education;
(2) Approve state academic standards, following a recommendation by the
State Superintendent of Education, ensuring that the standards
recommended by the State Superintendent of Education:
(A) Specify what children are expected to know and be able to do;
(B)
Contain coherent and rigorous content;
(C) Encourage the teaching of
advanced skills; and
(D) Are updated on a regular basis;
(3) Approve high school graduation requirements;
(4) Approve standards for high school equivalence credentials;
(5)
Approve a state definition of:
(A) "Adequate yearly progress" that will be applied
consistently to all local education agencies;
(B) And standards for "highly qualified teachers," pursuant to
the No Child Left Behind Act of 2001, approved January 8, 2002 (115
Stat. 1425; 20 U.S.C. § 6301 et seq.) ("NCLB Act"); and
(C) "Proficiency" that ensures an accurate measure of student achievement;
(6) Approve standards for accreditation and certification of teacher
preparation programs of colleges and universities;
(7) Approve the state accountability plan for the District of Columbia
developed by the chief state school officer, pursuant to the NCLB Act,
ensuring that:
(A) The plan includes a single statewide accountability system that will
ensure all local education agencies make adequate yearly progress; and
(B) The statewide accountability system included in the plan is based on
academic standards, academic assessments, a standardized system of
accountability across all local education agencies, and a system of
sanctions and rewards that will be used to hold local education agencies accountable for student achievement;
(8) Approve state policies for parental involvement;
(9) Approve state policies for supplemental education service providers
operating in the District to ensure that providers have a demonstrated
record of effectiveness and offer services that promote challenging
academic achievement standards and that improve student achievement;
(10) Approve the rules for residency verification;
(11) Approve the list of charter school accreditation organizations;
(12) Approve the categories and format of the annual report card,
pursuant to NCLB Act;
(13) Approve the list of private placement accreditation organizations,
pursuant to the Uniform Per Student Funding Formula for Public Schools
and Public Charter Schools and Tax Conformity Clarification Amendment
Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official
Code § 38-2901 et seq.);
(14) Approve state rules for enforcing school attendance requirements;
and
(15) Approve state standards for home schooling.
(b) The Board shall conduct monthly meetings to receive citizen input
with respect to issues properly before it, which may be conducted at a
location in a ward.
(c) The Board shall consider matters for policy approval upon submission
of a request for policy action by the State Superintendent of Education
within a review period requested by the Office of the State
Superintendent of Education.
(d) The Mayor shall, by order, specify the Board's organizational
structure, staff, budget, operations, reimbursement of expenses policy,
and other matters affecting the Board's functions.
(e) For the purposes of this section, the term "state" means
District-wide and similar to functions, policies, and rules performed by
states on a state-wide basis.
Sec. 404. Applicability.
This title shall apply upon Congressional enactment of Title IX.
TITLE V. INTERAGENCY COLLABORATION AND SERVICES INTEGRATION COMMISSION
Sec. 501. Short title.
This title maybe cited as the "Interagency Collaboration and
Services Integration Commission Establishment Act of 2007".
Sec. 502. Definitions.
For the purposes of this title, the term:
(1) "Commission" means the Interagency Collaboration and
Services Integration Commission established by section 504.
(2) "Comprehensive, multi-disciplinary assessment" means an
assessment of children to determine the extent to which they are affected by risk
and protective factors as
individuals and as members of families, communities, and schools, and
the extent to which they have service needs resulting from emotional disturbance, substance
abuse, exposure to violence, or learning disabilities.
(3) "Evidence-based program" means a program that:
(A) Has been affirmatively evaluated by an independent agency with
demonstrated expertise in evaluation;
(B) Demonstrates effectiveness in accomplishing its intended purposes
and yields statistically significant supporting data; and
(C) Has been replicated in other communities with a level of
effectiveness comparable to that indicated in the evaluation required by
subparagraph (A) of this paragraph;
(4) "Integrated service plan" means a service plan that
promotes delivery of services that are, to the fullest extent possible,
comprehensive, implemented without interruption, and free from
duplication or redundancy.
(5) "Risk and protective factors" means a circumstance or set
of circumstances that assist in determining whether an individual is at
risk of harm, emotional, physical, or otherwise; and
(6) "School-based clinician" means a healthcare or
social-services practitioner, a mental-health professional, or substance
abuse counselor certified or licensed in his or her field by the
Director of the Department of Health or another nationally recognized
professional organization, qualified to conduct comprehensive,
multi-disciplinary assessments.
Sec. 503. Purpose.
The purpose of the 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 the oversight of a
comprehensive integrated service delivery system that includes:
(1) Comprehensive, multi-disciplinary assessments of children by
school-based clinicians;
(2) Authority over a management information system that enables the
interagency 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
programs developed pursuant to, or in accordance with, this title, including:
(A) Their impact on academic performance, levels of violence by and
against
children, truancy, and delinquency;
(B) The cost effectiveness of the programs, taking into account such
factors as reductions, or potential reductions, in out-of-home
placements and law enforcement expenditures; and
(C) The extent to which the Commission has developed the capacity to
sustain the programs and activities.
Sec. 504. Commission; establishment; authority.
(a) There is established an Interagency Collaboration and Services
Integration Commission.
(b) Unless expressly prohibited in law or regulation, the Commission
shall have the authority to:
(1) Combine local, federal, and other resources available to the
participating - education, law enforcement, and human services agencies
to provide comprehensive multidisciplinary assessments, integrated
services, and evidence-based programs, as required by this title;
(2) Apply for, receive, and disburse federal, state, and local funds
relating to the duties and responsibilities of the Commission;
(3) Utilize the funding provided pursuant to the Integrated Funding and
Services for At-Risk Children, Youth, and Families Act of 2006,
effective March 2, 2007 (D.C. Law 16192; 53 DCR 6899);
(4) Exercise personnel authority for all employees of the Commission,
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.); and
(5) Exercise procurement 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.) ("PPA");
except, that the provisions of section 105(a), (b), (c), and (e) of the
PPA shall not apply.
Sec. 505. Duties.
(a) Within 90 days of the applicability of this title, the Commission
shall:
(1) Develop an information-sharing agreement that:
(A) Adheres to all applicable provisions of federal and District law and
professional standards regarding confidentiality, including Commission
procedures and protocols for safeguarding confidential and other
child-related information;
(B) Uses a form created by the Commission for obtaining consent to
assessment and disclosure of confidential information from a participant
or the parent or legal guardian of the participant to education, law
enforcement, and human service agencies; and
(C) Permits Commission personnel to collect
information from agencies participating in the agreement to
facilitate comprehensive multi-disciplinary assessments and the development and implementation of integrated
service plans;
(2) Develop procedures and protocols for safeguarding confidential and
other participant-related information, documents, files, electronic
communications, and computer data, including:
(A) 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 the participant; and
(B) The circumstances and manner in which confidential information
collected and maintained by designated personnel of the Commission maybe
disclosed, as permitted by applicable provisions of local and federal
law, to:
(i) Other personnel of the Commission for the exclusive purposes of
conducting comprehensive, multi-disciplinary assessments of children or
creating and implementing integrated service plans for children; and
(ii) Education, law enforcement, human service agencies, or other
service providers identified in the disclosure consent for the exclusive
purpose of creating and implementing integrated service plans; and
(3) Identify a comprehensive, multi-disciplinary assessment instrument
that shall be used by school-based clinicians to:
(A) Determine the extent to which children are affected by risk and
protective factors as individuals and as members of families,
communities, and schools;
(B) Determine the extent to which children have service needs resulting from emotional disturbance, substance abuse, exposure to violence, or
learning disabilities;
(C) Provide therapeutic interventions; and
(D)
Assist in the development of integrated service plans;
(b)(1) All programs shall be evidence-based, age-appropriate, and
implemented to serve children and their families and shall include:
(A) Early childhood psycho-social and emotional development assistance;
(B) School-based violence and substance abuse prevention;
(C) Social and emotional learning assistance;
(D) Family resiliency and strengthening assistance; and
(E) Services that are designed to reduce local reliance on out-of-home placement of children under the age of 18.
(2) The Commission shall 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 (1) of this subsection
and assist education, law enforcement, and human service agencies in the
implementation of needed preventive and early interventive programs for
children and their families.
(c) The Commission shall;
(1) Have authority over an interagency database housed
in a secure location to
store assessment information, data gathered pursuant to the
information-sharing agreement described in subsection (a) of this
section. and any other data relevant to service integration and the
ongoing assessment of programs implemented or supported by the
Commission;
(2) Conduct an annual independent evaluation of the effectiveness of the
programs supported, facilitated, or overseen by the Commission,
including:
(A) The impact on academic performance, levels of violence by and
against children, truancy, and delinquency; and
(B) The cost effectiveness of the programs, taking into account such
factors as reductions, or potential reductions, in out-of-home
placements and in law enforcement expenditures, and the extent to which
the Commission's member agencies have developed the capacity to sustain
the programs and activities; and
(3)(A) Report, on an annual basis, within 90 days after the end of the
fiscal year, to the Mayor and the Council on the status and progress of
the objectives of the Commission, including the results of the
evaluation required by paragraph (2) of this subsection and any
recommendations made by the Commission to the public, the Mayor, or the
Council.
(B) In calendar year 2012, the evaluation required by paragraph (2) of
this subsection shall also be included in the assessment required by
section 204(b).
Sec. 506. Membership.
(a) The Commission shall include the:
(1) Mayor, who shall serve as Chair;
(2) Chairman of Council of the District of Columbia;
(3) Chair of the Committee on Human Services;
(4) Chief Judge, Family Court, Superior Court of the District of
Columbia;
(5) Deputy Mayor for Education;
(6) City Administrator;
(7) State Superintendent of Education;
(8) Chancellor of the District of Columbia Public Schools;
(9) Chair of the Public Charter School Board;
(10) Director of the Department of Human Services;
(11) Director of the
Child and Family Services Agency;
(12) Director of the Department of Youth Rehabilitation Services;
(13)
Director of the Department of Corrections;
(14) Director of the
Department of Health;
(15) Director of the Department of Mental Health;
(16) Chief of the Metropolitan Police Department;
(17) Director of the
Court Social Services Agency;
(18) Attorney General for the District of
Columbia;
(19) Director of the Criminal Justice Coordinating Council;
(20) Director of the Department of Parks and Recreation; and
(21)
Director of the District of Columbia Public Library.
(b) The Mayor, by order, may appoint additional members
to the Commission, as necessary.
Sec. 507. Administrative support.
The Commission may hire staff and obtain equipment, supplies, materials,
and services necessary to carry out the functions of the Commission.
Sec. 508. Applicability.
This title shall apply upon Congressional enactment of Title IX.
TITLE VI. EDUCATION OMBUDSMAN
Sec. 601. Short title.
This title may be cited as the "Ombudsman for Public Education
Establishment Act of 2007".
Sec. 602. Office of Ombudsman; establishment; term.
(a)(1) There is established within the Department of Education an Office
of Ombudsman for Public Education ("Office of Ombudsman"),
which shall be headed by an Ombudsman appointed by the Mayor and
confirmed by the Council in accordance with paragraph (2) of this
subsection.
(2) The Mayor shall submit a nomination for Ombudsman to the Council for
a 45-day period of review, excluding days of Council recess. If the
Council does not approve or disapprove the nomination, by resolution,
within this 45-day review period, the nomination shall be deemed
approved.
(b) If a vacancy in the position of Ombudsman occurs as a consequence of
resignation, disability, death, or other reason other than expiration of
term, the Mayor shall appoint a replacement to fill the unexpired term
in the same manner as provided in subsection (a) of this section;
provided, that the Mayor shall submit the nomination to the Council
within 30 days after the occurrence of the vacancy.
(c) The Ombudsman shall serve for a term of 3 years, and may be
reappointed.
Sec. 603. Qualifications.
The Ombudsman shall:
(1) Be appointed without regard to party affiliation;
(2) Be appointed
on the basis of integrity;
(3) Possess a demonstrated ability to analyze issues and matters of law,
administration, and policy;
(4) Possess experience in the field of social work, counseling,
mediation, law, policy, or public administration or auditing,
accounting, or other investigative field; and
(5) Have management
experience that demonstrates an ability to hire and supervise qualified
staff.
Sec. 604. Duties.
(a) The Ombudsman shall:
(1) Provide outreach to residents and parents, and to further this
purpose, have the cooperation of all individuals within the public
school system;
(2) Encourage communication between residents and the Mayor regarding
all levels of public education;
(3) Serve as a vehicle for citizens to communicate their complaints and
concerns regarding public education through a single office;
(4) Respond to complaints and concerns in a timely fashion with accurate
and helpful information;
(5) Receive complaints and concerns from parents, students, teachers,
and other District residents concerning public education, including
personnel actions, policies, and procedures;
(6) Determine the validity of any complaint quickly and professionally;
(7) Examine and address valid complaints and concerns;
(8) Generate options for a response, and offer a recommendation among
the options;
(9) Make a referral to the pertinent school official, when appropriate;
(10) Identify systemic concerns raised by citizens, or otherwise
received, related to public education;
(11) Maintain a database that tracks complaints and concerns received
according to various categories, including school level and location;
(12) Submit to the Deputy Mayor for Public Education and the Chairman of
the Council, on a monthly basis, an analysis of the preceding month,
including complaint and resolution data;
(13) Recommend policy changes, staff training, and strategies to improve
the delivery of public education services;
(14) Systemically track complaints and concerns, and periodically
analyze the data and report to the Deputy Mayor for Education patterns
of complaints and concerns that suggest a need for a policy change,
staff training, or the implementation of strategic action to address an
issue; and
(15) Within 90 days of the end of each school year, submit to the Deputy
Mayor for Education a report analyzing the work of the previous year,
including an analysis of the types, and number, of:
(A) Inquiries;
(B) Complaints and concerns resolved informally;
(C) Complaints and
concerns examined;
(D) Examinations pending;
(E) Recommendations made; and
(F) Recommendations that were followed to the extent that it can
be determined.
Sec. 605. Authority.
The Ombudsman shall:
(1) Have access to books, records, files, reports, findings, and all
other papers, items, or property belonging to or in use by all
departments, agencies, instrumentalities, and employees of District of
Columbia Public Schools ("DCPS") necessary to facilitate the
purpose of this title, excluding the Executive Office of the Mayor, the
Council, and the District of Columbia courts;
(2) Have full access to student educational records as allowed by
federal and local law;
(3) Speak in regard to educational issues under the purview of the
Office of Ombudsman with any official or employee within the public
school system without the permission of the individual's supervisor;
(4) Examine an act or failure to act of any official or employee within
the public school system;
(5) Determine which complaints and concerns warrant further examination;
(6) Examine any matter under the purview of the Office of Ombudsman
absent a complaint;
(7) Forward to the Office of the Inspector General all complaints and
concerns that require an audit or investigation of a school or a
program, agency, or department within DCPS that falls within the purview
of the Office of the Inspector General; and
(8) Forward to the Deputy Mayor for Education any policy recommendations
that the Ombudsman determines would be helpful to prevent and detect
corruption, mismanagement, waste, fraud, and abuse within DCPS.
Sec. 606. Limitations; protections.
(a) The Ombudsman shall not:
(1) Disclose personally identifiable information regarding a student
without the specific written consent of the student or parent, as
required by federal and local law;
(2) Disclose the substance of a conversation with any teacher or other
official or employee within the public school system without consent;
(3) Disclose the identity of any person who brings a complaint or
provides information to the Ombudsman without the person's consent,
unless the Ombudsman determines that disclosure is unavoidable or
necessary to further the ends of an investigation;
(4) Have the authority to take any personnel action; or
(5) Examine the Executive Office of Mayor, the Council or its personnel,
or the District of Columbia courts or its personnel.
(b) The Ombudsman shall not:
(1) Be compelled to testify in a legal or administrative proceeding
regarding an Office of Ombudsman examination or to release information
gathered during the course of an examination or investigation;
(2) Be held personally liable for the good faith
performance of his or her
responsibilities under this title, except that no immunity shall extend
to criminal acts, or other acts that violate District or federal law; or
(3) Be subject to retaliatory action for the good faith performance of
his or her responsibilities under this title.
Sec. 607. Applicability.
This title shall apply upon Congressional enactment of Title IX.
TITLE VII. OFFICE OF PUBLIC EDUCATION FACILITIES MODERNIZATION
Sec. 701. Short title.
This title may be cited as the "Office of Public Education
Facilities Modernization Establishment Act of 2007".
Sec. 702. Office of Public Education Facilities Modernization;
establishment.
(a) There is established within the executive branch of the government
of the District of Columbia an Office of Public Education Facilities
Modernization ("OFM"), which shall be headed by a Director.
(b) The OFM shall have independent procurement and personnel authority.
The OFM shall promulgate mles to implement this authority. The proposed
rules for procurement and for personnel 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.
(c) The OFM shall be funded annually out of the Public School Capital
Improvement Fund ("Fund"), established by 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.) ("School
Modernization Financing Act").
Sec. 703. Director; appointment.
The Director of OFM shall be 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 Director shall:
(1) Receive such compensation as determined by the Mayor; and
(2) Have extensive experience in construction project management.
Sec. 704. Director; authority.
The Director shall:
(1) Direct and supervise the administration and management of OFM;
(2) Have the authority to hire and fire personnel within OFM;
(3) Have
the authority to manage the financial affairs of OFM;
(4) Consult regularly with the Chancellor, the Public School
Modernization Advisory Committee, established by section 201 of the
School Modernization Financing Act, and the State Superintendent of Education to ensure coordination
throughout the school modernization process;
(5) Employ an architect to review designs;
(6) Direct and manage the modernization or new construction of District
of Columbia Public Schools ("DCPS") facilities by approving
and authorizing decisions at every stage of school modernization,
including planning, design, procurement, and construction, in accordance
with the Facilities Master Plan required by the School Modernization
Financing Act; provided, that it shall not manage routine maintenance at
DCPS facilities.
(7) In consultation with DCPS, seek amendments, if any, to the
Facilities Master Plan necessary or desirable to improve the
effectiveness of OFM and advance the purposes of this title;
(8) Enter into contracts and execute any instrument necessary or
desirable to improve the effectiveness of OFM and advance the purposes
of this title; and
(9) Comply with the requirements of the First Source Employment
Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C.
Official Code § 2-219.01 et seq.), and the requirements of the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance
Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official
Code §2-218.01 et seq.).
Sec. 705. Reporting requirement.
By December 1 of each year, beginning with 2008, OFM shall submit to the
Mayor, the Council, the Public School Modernization Advisory Committee,
and the Board of Education or State Board of Education, a report of all
the activities of the OFM during the preceding fiscal year, including
related financial statements and summaries of projects, the total amount
of contract expenditures awarded to local, small, and disadvantaged
business enterprises, and the number of employees who are District
residents.
TITLE VIII. PUBLIC CHARTER SCHOOL ACCOUNTABILITY REFORM
Sec. 801. Short
title.
This title may be cited as the "Public Charter Schools
Accountability Reform Amendment Act of 2007".
Sec. 802. The District of Columbia School Reform Act of 1995, approved
April 26, 1996 (110 Stat. 1.321-107; D.C. Official Code § 38-1800.01 et
seq.), is amended as follows:
(a) Section 2201 (D.C. Official Code § 38-1802.01) is amended by adding
a new subsection (f) to read as follows:
"(f) 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, passed on 2nd reading on April 19, 2007 (Enrolled
version of Bill 17-1), 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; it shall be considered approved and chartered for the purposes of this act and shall
be subject to the powers and duties granted to the Public Charter School
board as an eligible chartering authority pursuant to sections 2211,
2212, and 2213.".
(b) Section 2203(j)(2) (D.C. Official Code § 38-1802.030(2)) is
amended by striking
the phrase "of Columbia." and inserting the phrase
"of Columbia or by the Office of the State
Superintendent of Education. In the case of review by the Office
of the State Superintendent of
Education, the Office of the State Superintendent of Education
shall issue procedures for the
submission and review of appeals." in its place.
(c) Section 2204(c) (D.C. Official Code § 38-1802.04(c)), is
amended by adding new
paragraphs (19) and (20) to read as follows:
"(19) Participation in education data warehouse. -- A public
charter school shall
participate in the longitudinal education data warehouse system
and shall provide data to the
Office of the State Superintendent of Education upon request.
"(20) Cooperation with the Office of Ombudsman for Public
Education. - - A
public charter school shall cooperate with the Office of Ombudsman
for Public Education and
shall comply with the disclosure protections of the Ombudsman for
Public Education
Establishment Act of 2007, passed on 2nd reading on April 19, 2007
(Enrolled version of Bill
17-1).".
(d) Section 2212(a)(3) (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 at least once every 5
years to determine whether the charter should be revoked for the
reasons described in section
2213(a) or (b), in accordance with the procedures for revocation
established under section 2213.
(e) Section 2213 (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.
-- Using
the record established by
the chartering authority, an eligible chartering authority that
has granted a charter to a public
charter school may revoke the charter if the eligible chartering
authority determines that the
school:
"(1) Committed a violation of applicable law 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)(5) is amended by striking the phrase
"Board of Education"
and inserting the phrase "eligible chartering authority"
in its place.
(f) Section 2214 (D.C. Official Code § 38-1802.14) is amended as
follows:
(1) Subsection (b)(3) is amended by striking the period at the end and
inserting § 38-1802.14 the phrase ", and all meetings of the Board
shall be open to the public and shall provide a reasonable time during
the meeting for public comment" in its place.
(2) A new subsection (i0 is added to read as follows:
"(1) Freedom of Information Act - The Board shall comply with all
provisions of the Freedom of Information Act, effective March 25, 1977
(D.C. Law 1-96; D.C. Official Code 8 2-531 et seq.).".
(g) Section 2552 (D.C. Official Code § 38-1805.52) is amended by
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.
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.
Section 802 shall apply upon enactment by Congress.
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
Star. 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.
(c) Section 3(1) (D.C. Official Code § 38-105) is repealed.
(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 Star. 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.
(c) Section 103 (D.C. Official Code § 38-2971.03) is amended as
follows:
(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.
Sec. 1011. Applicability.
This title shall apply upon Congressional enactment of Title IX.
TITLE XI. FISCAL IMPACT; EFFECTIVE DATE
Sec. 1101. 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. Official Code § 1-206.02(c)(3)).
Sec. 1102. Effective date.
This act shall take effect following approval by the Mayor (or in the
event of veto by the Mayor, action by the Council to override the veto),
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.
Chairman
Council of the District of Columbia
Mayor
District of Columbia