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Chairman Vincent C. Gray at the request of the Board of Education
A BILL IN THE COUNCIL OF THE DISTRICT OF
COLUMBIA
Chairman Vincent C. Gray, at the request of the Board
of Education, introduced the following bill, which was referred to
the Committee of the Whole on
To commit the District of Columbia Public Schools to
achieve significant academic outcomes and other improvements over
an 18-month emergency period, to maintain the District of Columbia
Board of Education’s oversight of the District of Columbia Public Schools; to
establish a District of Columbia State Department of Education headed by a Chief State
School Officer; to transfer and assign state level education agency functions to
the State Department of Education; to repeal the State Education Office
Establishment Act of 2000; to create a Facilities Oversight Commission to oversee and
advise the Board of Education concerning District of Columbia Public Schools
facilities and to review the renovation, construction, and modernization
projects for school facilities; to establish the State Department of Education as a
charter school authorizer; and to make conforming amendments.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF
COLUMBIA, that this act shall be cited as the "District of Columbia
Emergency Student Achievement Act of 2007.”
TITLE I. DECLARATION OF EMERGENCY AND
COMMITMENT OF BOARD OF EDUCATION TO ACHIEVE ACADEMIC OUTCOMES AND IMPROVEMENTS.
Preamble.
Responding to the urgent need for
rapid improvement in the achievement of students enrolled in the District of Columbia Public
Schools (“DCPS”), there shall be declared a State of Emergency for the following
purposes:
(a) To expedite the educational
reform currently required within the District of Columbia K-12 public education
system;
(b) To provide intense oversight and
deliberation;
(c) To enhance the capacity of the
District of Columbia Board of Education to reform educational policies and
operations within the District of Columbia; and
(d) To promote collaboration between
the District of Columbia Board of Education, the Mayor and Council of
the District of Columbia on issues related to the education of students
in the District.
Sec. 101. Short title.
This act shall be cited as the
“District of Columbia Emergency Education 3 Improvement Act of
2007.”
Sec. 102. Board membership; election;
term of office.
(a) For the purposes of the Emergency
Student Achievement Act and consistent 6 with current law, the District
of Columbia Board of Education (“Board of Education” or “Board”) shall consist of the
existing nine members.
(b) The terms of these members shall
expire on January 2, 2009, consistent with current law, pursuant to D.C. Official
Code §38-101(a)(1).
Sec. 103. Responsibilities of the
District of Columbia Board of Education during the
State of Emergency.
(a) The Board shall have 540 days (18
months) from the effective date of this Emergency Student Achievement
Act to achieve the following academic outcomes and improvements to
support the academic outcomes:
(1) Student Achievement Outcomes
(A) DCPS shall demonstrate growth
toward proficiency in reading and in mathematics for all students
in grades three through eight and in grade ten by increasing the number of students in each of these
grades who are proficient and above by 10% each school year for the
school years that this Emergency Student Achievement Act is in
effect, as measured by the District of Columbia Comprehensive Assessment
System (“DC-CAS”). DCPS shall use the Spring 2005 results of the
DC-CAS as the baseline year for this outcome.
(B) DCPS shall demonstrate growth in
reading and mathematics in grades four and eight by meeting or
exceeding the growth in reading and mathematics in grades four and
eight of large cities, as measured by the Spring 2007 and Spring 2009 results of the National Assessment of Educational Progress.
(2)
Special Education.
(A) DCPS shall increase by 5% each year, the number of
children with disabilities served in Less Restrictive Placements,
including non-public and public school segregated classes. For
purposes of this outcome, DCPS shall use the number of students served
in Less Restrictive Environment placements as of the 2005-2006 school year.
(B) The Mayor and Council shall
provide the necessary funding for the establishment of a Therapeutic
Emotionally Disturbed Day Program “Program”, effective for the
2007-2008 school year. The Program shall be implemented at one elementary school, one middle school and one senior high school. The
Program shall serve approximately 45 students with
maladaptive behavior problems at each school center, with needs identified for
students requiring Levels 1, 2, and 3 specialized services and supports. These students shall
have access to the general education programs in those
schools.
(C) At a minimum, DCPS shall
implement special education reform by completing the requirements and
recommendations in the Board of Education Ad Hoc Committee on Special
Education Report (White Paper) by the end of the 2006-2007 school
year.
(D) The Mayor and Council of the
District of Columbia shall establish a dedicated Special Education Reform Fund for
DCPS, to expire at the end of the 2008-2009 school
year, which shall include $10 million for the purpose of establishing
the Therapeutic Emotionally Disturbed Day Program described above, building capacity to serve students
with disabilities within DCPS through intensive teacher recruitment and retention
efforts, professional development, facilities renovation (non-capital), and provision of
appropriate equipment and supplies to achieve these outcomes.
(3) Teacher Certification. DCPS shall
reduce the number of uncertified 10 teachers by the 2008-2009 school
year by taking the following actions:
(A) A newly-hired teacher must obtain
provisional licensure by 12 the end of the first year of teaching or the
teacher may be terminated; and
(B) DCPS is precluded from continuing
the employment of any teacher who fails to maintain full
certification or obtain full certification within the necessary
timeframe unless extreme hardship is established and authorization for additional time is obtained from the
United States Department of Education.
(4) Chronically Failing Schools. DCPS
will reconstitute five chronically failing schools for the 2007-2008
school year. By May 31, 2007, DCPS will identify the five chronically failing schools to
be reconstituted. Where DCPS determines that a school should be reconstituted, DCPS may: recruit and
appoint a new principal and other administrators; replace all or part
of the staff at the school; recruit new staff; determine a reform
model or strategies grounded in research-based best practices and the
Master Education Plan; and work with the
administration, staff, and parents at the school to develop a new school vision and mission based on the
reform model or strategies to be implemented at the school. DCPS shall
include the funding for this initiative in the FY 2008
budget request.
(5) Facilities Construction.
(A) By September 2007, DCPS will begin
construction of eight schools identified in the Master
Facilities Plan, as approved by the Board of Education on January 17,
2007.
(B) By September 2007, DCPS will
complete education specifications and feasibility studies
for funded construction projects slated for 2008.
(C) By October 2007, DCPS shall
identify open space schools that are not meeting current academic
needs and begin feasibility studies for construction to begin by fall
2009.
(D) DCPS will begin construction on the Phelps
Technical School by December 1, 2007. This is contingent upon the
release of the Schools Modernization Fund by March 2007.
(6) Facilities Repair. No later than
February 19, 2007, DCPS shall implement its Accelerated Building Repair
“Blitz” Remediation Program, as approved by Board Resolution
R07-29, and shall identify all schools that will be addressed during the 2006-2007 school year to make the following repairs:
(i) Water fountain repair and
replacement;
(ii) Restroom fixture repair and replacement;
(iii)
Window air conditioner and replacement;
(iv)
Exterior lighting repair;
(v) Exterior door repair and
replacement;
(vi) Locker rooms, including showers
and lockers; and
(vii) Custodial services augmentation.
By September of each school year, the Board of
Education shall identify those schools 5 that will qualify for this
Program for as long as it is necessary. The Board of Education 6 shall
be authorized to reprogram additional funding in the capital budget to
support this 7 Program and obtain required approval from the Council and
Congress as necessary.
(b) Monitoring and Assessment.
(1) The Board of Education shall
continue to conduct its oversight responsibilities in terms of
accounting for student progress and achievement.
(2) Upon the conclusion of the eighteen-month State of
Emergency, the Council of the Great City Schools shall make a
determination as to whether the Board of Education and DCPS have
achieved the outcomes set forth in section 102(a) and section 206 of
this Emergency Student Achievement Act.
TITLE II. BUDGET AUTHORITY FOR THE
DISTRICT OF COLUMBIA PUBLIC SCHOOLS
Sec. 201. This act may be cited as
the "District of Columbia Public Schools Budget Amendment Act of
2007.”
Sec. 202. Comprehensive Budget.
(a) Reprogrammings.
(1) D.C. Official Code §§
47-363(h)(i)(1) and (2) are hereby repealed as to DCPS. D.C. Official
Code § 47-363(h) is hereby amended by inserting new subsection (h-1), which will read as
follows:
“(1) DCPS shall provide any such
reprogramming request to the Chief Financial Officer of the District
of Columbia (“CFO”) who shall review the request within three business days from receipt of the request. The CFO shall transmit the
request to the Mayor, who shall review the request within three
business days from receipt from the CFO and shall transmit the request to
the Council, who shall take action at the next business meeting.”
(2) Notwithstanding D.C. Official
Code § 47-308.01 or any other applicable provision of District law,
the CFO for DCPS may approve all reprogrammings and budget
modifications that do not require review or action by the Council or by Congress without intervention from the Office of Budget and Planning.
(b) Changing the Fiscal Year:
Effective July 1, 2009, the Council shall create, pursuant to D.C. Official Code §
1-204.41(b)(2), the capacity to implement the fiscal year change
authorized by Congress to allow DCPS to move the date for the beginning
of its fiscal year to July 1 so that DCPS may avoid program
disruptions and impediments to aligning non-personnel services
budgets with school programs. The Board of Education, the CFO, and
the Mayor’s Office shall develop a transition plan by July 1, 2008.
(c) Effective FY 2008-2009, DCPS
shall have the authority annually to retain any surplus balances and local funds that
it generates and carry forward those fund balances.
(d) DCPS shall have authority to
create a decentralized budgeting process that includes investment in budgeting and
financial systems to provide support at the local school level. Such systems shall be compatible with DC
Government systems to promote exchange of information but will result
in budget information for schools and parents that is
easily understandable and transparent.
Sec. 203. Establishment of Procedure
to Review Uniform Per Student Funding Formula through the Student Funding Formula Committee
and More Fully Fund District of Columbia Public Schools.
(a) Section 110 of the Uniform Per
Student Funding Formula for Public Schools and Public Charter Schools Second Temporary Amendment
Act of 1998 (D.C. Law 129 207, D.C. Official Code 38-2909) is amended to
read as follows:
“The foundation level shall be
increased annually by an amount that will account for anticipated amounts necessary
under any Council approved salary increases provided for in
collective bargaining agreements for employees of the DCPS, including
any step increases, and in no event shall the
increase in the foundation level be less than the average percentage
increase in the CPI for the preceding calendar year.”
(b) Section 112 of the Uniform Per
Student Funding Formula for Public Schools and Public Charter Schools
Second Temporary Amendment Act of 1998 (D.C. Law 12-207, D.C. Official Code 38-2911) is
amended to read as follows:
“Periodic Revision of Formula”
“(a) A Student Funding Formula
Committee shall be established to review and revise this Formula
beginning in 2007, and every two years thereafter. Revisions shall be based upon information and data,
including actual costs of education in the District of Columbia,
consideration of performance incentives, research in education and
education finance, and public comment.
“(b) The Student Funding Formula
Committee shall consist of the members of the Board of Education, the
Superintendent, the Chief State School Officer, the D.C. Council
Chair, a member of a chartering authority, and an expert in school
finance designated by the Board of Education.
“(c) The study of actual costs of
education of this section shall include but not be limited
to the following:
“(1) The funding necessary to enable
students to achieve state standards;
“(2) The relation of funding levels
to student outcomes;
“(3) Maintenance of effort in
specified areas of focus to promote continuity of
effective practices;
“(4) Specific levels of funding
needed to provide adequate special education
services;
“(5) Improved measures of change in
the cost of education;
“(6) Any additional requirements
based on the Master Education Plan;
“(7) Any additional costs generated
by class size requirements; and
“(8) Actual fixed costs.
“(d) The study shall also include a
review of the weightings provided under the Uniform Per Student
Funding Formula (“Formula”), including whether a weighting should be provided for any student
dually enrolled in a regular full-time senior high school program and
an evening program, and if so, in what amount, and also whether certain specialty schools with
operating costs beyond that of a typical school should be funded
outside of the Formula.
“(e) The Mayor and the Council shall
revise the Formula biannually as determined by the Student Funding
Formula Committee.”
Sec 204. Establishment of Financial
Outcomes for Board of Education.
The District of Columbia CFO, in
partnership with the Board of Education shall, within 45 days of the enactment of
this title, establish a set of financial outcomes for FY 2007-2008
which, if met, will require the CFO for the District of Columbia to
support legislation to the Council providing DCPS with its own
CFO, appointed by and reporting to the
Superintendent, effective for FY 2009-2010.
TITLE III. BOARD OF EDUCATION AND
SUPERINTENDENT RIGHTS 11 AND POWERS.
Sec. 301. Short Title
This act may be cited as the “Board
of Education Management Act of 2007.”
Sec. 302. DCPS Educational Service
(a) D.C. Official Code § 1-602.03(a)
is hereby repealed.
(b) There shall be a new section,
D.C. Official Code § 1-601.01b, entitled “Creation of the DCPS
Educational Service,” which shall read as follows:
“(a) The Board of Education shall
issue rules and regulations governing the DCPS Educational Service,
which shall include all employees of DCPS. Notwithstanding any other applicable provision of
District law, members of the DCPS Educational
Service shall no longer be included in the Educational Service or be
subject to D.C. Official Code § 1-608.01a,
except as provided in this subsection.
“(b) The DCPS Educational Service
shall also be governed by the provisions set forth in D.C. Official Code §
1-608.01a(c) and (d).”
“(c) Notwithstanding any other
applicable District law, the Board of Education may issue rules or
regulations adopting any provision in the Comprehensive Merit Personnel Act (D.C. Official Code §
1-601.01, et seq.) or any other personnel rules or regulations of the District Government, but it is not
required to do so. At a minimum, the Board of
Education shall adopt rules and regulations concerning the following:
“(1) All of the employment,
advancement, and retention matters set forth in D.C. Official Code §
1-608.01a(b)(2)(A) – (N).
“(2) The Superintendent shall be
the chief negotiator for the District of Columbia Public Schools’ collective
bargaining agreements. The Superintendent and labor organizations certified by the
D.C. Public Employees Relations Board shall meet at reasonable times, through their
authorized agents, to negotiate in good faith with respect to matters within the scope
identified in this section.
“(A) The scope of collective
bargaining shall include and be limited to the following:
“(i) Salaries, wages, benefits,
hours and other working conditions; and
“(ii) Determination of procedures
to resolve disputes relating to the negotiations.
“(B) Matters that are specifically
exempt from collective bargaining are as follows:
“(i) School calendar;
“(ii) Maximum number of students
assigned to a class;
“(iii) Matters that predominately
concern the determination and implementation of educational
policy and the administration of the public schools
within the jurisdiction of DCPS; and
“(iv) Any matter that is precluded
by applicable statutory law.
“(C) A matter that is not subject to
negotiation under paragraph (B) of this subsection may not be
raised in any action taken to resolve an impasse.
“(D) The collective bargaining
agreements may provide for binding arbitration of the grievances
arising under the agreements that the Superintendent and certified labor organizations
have agreed to be subject to arbitration.
(c) Within 30 days of enactment of
this Title, the Superintendent and each 14 certified labor organization
shall meet and confer regarding modification of terms or conditions in the existing collective
bargaining agreements between DCPS and certified labor organizations that may limit the authority of
the Board of Education to take actions necessary to achieve the
Student Achievement outcomes of section 104(a)(1)(A) – - (B) of the
Emergency Student Achievement Act, the Special Education requirements in
section 104(a)(2)(A) – - (C), the Teacher
Certification requirements in section 104(a)(3)(A) – - (B), and the Chronically Failing Schools
requirements in section 104(a)(4).
(1) At a minimum, the following
subjects in the existing collective bargaining agreements shall be considered for
modification by the Superintendent and the labor
organizations:
(A) Professional development;
(B) Transfer/Reassignment procedures;
(C) Excessing procedures;
(D) Discipline procedures;
(E) Grievance procedures;
(F) Relief from non-teaching duties;
(G) Policies relating to working
conditions;
(H) Reclassification of employees; and
(I) Assignments and scheduling.
(2) The Superintendent and labor
organizations shall enter into Memoranda of Agreement (“MOA”) that provide the
revised terms and conditions for the existing
collective bargaining agreements no later than April 17, 2007.
(A) The terms of the MOA shall remain
in force and effect until such time that tentative new
agreements are ratified by the labor organizations and 1recommended to
the Board of Education;
(B) Should the Superintendent and any
labor organization fail to reach agreement on modified terms by this
date, the Superintendent shall have the authority to take the actions
required to facilitate the Board of Education’s achievement of the outcomes and requirements
listed above as they relate to educational policy and the administration of
DCPS.
(d) The Superintendent and the
certified labor organizations shall meet and begin negotiation of new
collective bargaining agreements no later than April 2, 2007. The agreements shall be effective October
1, 2007 and shall expire on September 30, 2009. If a labor organization does not ratify a
new collective bargaining agreement on or before October 1, 2007, the existing
collective bargaining agreement shall continue to be in force and
effect along with the terms specified in applicable MOA or the terms determined by the Superintendent as
provided for in section (b)(2) of this subtitle.
(e) Not withstanding any other
provision of this subtitle, the Board of Education and Superintendent shall make the
final determination as to matters that are the subject of negotiation, but this final determination is subject to
the other statutory provisions concerning the fiscal relationship
between DCPS and the Mayor and City Council.
TITLE IV. STATE DEPARTMENT OF
EDUCATION FUNCTIONS AND RESPONSIBILITIES
Sec. 401. Short title.
This act may be cited as the
"District of Columbia State Department of Education Functions
and Responsibilities Amendment Act of 2007.”
Sec. 402. The State Education Office
Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176;
D.C. Official Code § 38-2601 to § 38-2606), is hereby
repealed.
Sec. 403. Establishment of a District
of Columbia State Department of Education.
(a) There is established, under the
Office of the Mayor, a District of Columbia State Department of Education
(“State Department of Education”).
(b) The Mayor shall appoint the Chief
State School Officer who shall serve as the head of the State
Department of Education.
(c) The State Department of Education
shall serve as the state education agency for the District of
Columbia, pursuant to the District of Columbia Home Rule Act (87 Stat. 811; D.C. Official Code §
1-204.95(c)). It shall perform the functions of a state education
agency for purposes of Part A of Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. §
6311, et seq.), the Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. § 1400,
et seq.), and other applicable federal laws,
including the following:
(1) Plan and support programs to
bolster student achievement by improving the delivery of educational
services and opportunities, from the pre-kindergarten
to post-graduate level;
(2) 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;
(3) Oversee the development and
implementation of a comprehensive, District-wide data system that
integrates and tracks data across education, mental health, health care, park and recreation,
library, and human service agencies in order to assess the needs, and inform the delivery,
of comprehensive services to children in the District of Columbia;
(4) Coordinate programs, policies, and objectives of
the Mayor with the University of the District of Columbia and the
Board of Trustees of the University of the District
of Columbia;
(5) Formulate comprehensive state
education objectives, including curriculum and exit criteria and
assessments;
(6) Issue rules to establish
requirements to govern acceptable credit to be granted for studies completed at
independent, private, public, and public charter schools;
(7) Prescribe minimum amounts of
instructional time for all schools in the District, including public, public
charter, and private schools;
(8) Develop a state accountability
plan for the District of Columbia, with input from the Board of
Education and charter authorizers, pursuant to section 1111(c)(2) of
the No Child Left Behind Act of 2001, enacted January 8, 2002 (Pub. L.
107-110, 20 8 U.S.C. §6311);
(9) Perform state-level responsibilities associated
with the acquisition and administration of federal grants for
District schools, including preparation of state plans, and
applications for competitive grants;
(10) Set state-wide standards and
assessment;
(11) Monitor compliance with federal
requirements and submit reports;
(12) Establish requirements and
procedures for the certification of teachers and the licensure of other
instructional staff for eligible District schools;
(13) Oversee the state-level
functions and activities related to early childhood education programs,
including the provision of early intervention services to infants and toddlers, from birth
through four years of age, consistent with the objectives defined in
section 502 of the Child and Youth Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official
Code § 7-863.02), pursuant to section 404 of this
title;
(14) Provide for the education of
wards of the District of Columbia;
(15) Oversee and supervise adult
education and adult literacy programs, including programs that are
established, developed, and instituted by the University of the District of Columbia, pursuant to
section 405 of this title;
(16) Provide funding for special
education programs in all public schools, including transportation for all
special education students, and other requirements with any federal court orders or consent
decrees concerning special education;
(17) Have authority for all state
functions for federally sponsored child nutrition programs for the District,
including those sponsored by the United States Department of
Agriculture;
(18) Verify annual fall enrollment
counts for all public schools and public charter schools pursuant to D.C.
Official Code §§38-1804.12 and 38-159;
(19) Formulate and promulgate rules
for the documentation and verification of District residency
for students at public schools and public charter schools, pursuant
to D.C. Official Code §§ 38-302 and 38-303;
(20) Make recommendations to the
Student Funding Formula Committee for periodic revisions to the
Uniform Per Student Funding Formula, pursuant to section 203(c) of
the Emergency Student Achievement Act and provide information and data related to such revisions including
the study of the actual costs of education in the District of Columbia, consideration
of performance incentives created by the formula in practice,
research in education and education finance, and public comment;
(21) Recommend to the Mayor and
Council proposed legislation to assist District government agencies
in meeting students’ educational and social needs;
(22) Provide DCPS and public charter
schools with information about professional development opportunities
and analysis of educational research and innovations;
and
(23) Formulate and promulgate rules as
necessary to carry out its functions, pursuant to the District of
Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C.
Official Code § 2-501 et seq.).
Sec. 404. Supervision of the Early
Intervention Program.
In order for the State Department of
Education to fulfill the functions related to early childhood intervention as set
forth in section 403(c)(13) of this title, section 503 of the Child
and Youth Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C.
Official Code § 7-863.03), is amended as follows:
(a) subsection (a) is amended to read
as follows:
“(a) There is established in the
State Department of Education an Early Intervention Program (“Program”)
to provide early intervention services to infants and toddlers, from birth through four
years of age, and their families. The services shall be provided in accordance with the
requirements of the Individuals with Disabilities Education Act, as approved June 4,
1997 (111 Stat. 37; 20 U.S.C. § 1400 et seq.).”
(b) New subsections (d) and (e) are
added to read as follows:
“(d) All positions, personnel,
property, records, and unexpended balances of appropriations, allocations, and
other funds available or to be made available to the District of Columbia Department of Human Services that
support functions related to the responsibilities of the District of
Columbia Early Care and Education Administration and the District of Columbia Early
Intervention Program as defined in accordance with section 502 of the Child and Youth Safety and Health
Omnibus Amendment Act of 2004, effective April 13,
2005 (D.C. Law 15-353; D.C. Official Code § 7-863.02), are hereby 4
transferred to the State Department of Education.”
“(e) All of the powers, duties, and
functions delegated to the District of Columbia 6 Department of Human
Services concerning the establishment, development, and institution of functions related to
the District of Columbia Early Intervention Program as defined in accordance with section 502 of the Child and
Youth Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005
(D.C. Law 15-353; D.C. Official Code § 7-863.02),
including those delegated pursuant to this chapter, and all functions and responsibilities
related to the District of Columbia Early Care and Education Administration, are hereby transferred to
the State Department of Education.”
Sec. 405.
Supervision of the Adult Educational Program. In order for the State Department of Education to fulfill
its supervisory functions related to adult education as set forth in section 403(c)(15) of
this title, section 2(b) of the Adult Education Designation Amendment Act of 1998, effective April 20,
1999 (D.C. Law 12-231; D.C. Official Code §
38-1202.12) is hereby amended to read as follows:
“(a) Notwithstanding any other
provision of District law, the State Department of Education shall be the state agency
responsible for supervision of adult education and adult literacy in the District of
Columbia. The University of the District of Columbia, under the supervision of the
Department of Education, shall continue to establish, develop, and institute state-level
functions related to 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, hereby remain with the University of the District of Columbia, under the supervision of the State Department of Education.”
“(c) All of the powers, duties, and
functions delegated to the University of the District of Columbia concerning the
establishment, development, and institution of state level functions related to adult
education or adult literacy, including those delegated pursuant to this chapter, hereby remain with the
University of the District of Columbia, under the supervision of the
State Department of Education.”
“(d) The State Department 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).”
“(e) Notwithstanding any other
provision of law, the State Department of Education is authorized to establish
fee rates for all adult education courses. The amount to be charged
to each adult shall be fixed annually by the State Department of
Education, in consultation with the University
of the District of Columbia, as the amount necessary to cover the expense of instruction,
cost of textbooks and school supplies, and other operating costs associated with each
course offered, provided that the amount and changes in the amount fixed by this subsection are set
by the Department of Education in accordance with section 6 of the
District of Columbia Administrative Procedure Act, approved
October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-505). Following
the final adoption of such amount, the State Department of Education
shall transmit a copy of the fee schedule to the Mayor and the
Council.”
“(f) All amounts received by the
State Department of Education pursuant to this section shall be paid to the D.C.
Treasurer and accounted for in the General Fund as a separate revenue source allocable to
provide authority for the offering of select adult education courses
for which fees will be charged.”
“(g) Waivers, in whole or in part,
of fees for select adult education courses may be granted by the State
Department of Education.”
Sec. 406. The Board of Education shall
continue to serve as a local education agency for the District of Columbia.
The State Department of Education shall not perform any of the functions of a local education
agency under applicable federal law, including but
not limited to the following duties and responsibilities that the Board
of Education is authorized or required
to fulfill under D.C. Official Code § 38-101, et seq., and other
applicable District law:
(a) Determine educational policy
affecting DCPS;
(b) Establish, organize, and operate
public schools;
(c) Set class sizes and determine the
school calendar and school day;
(d) Develop and implement curricula;
(f) Provide professional development
and teacher training for DCPS;
(g) Determine attendance areas and
assign students to schools;
(h) Provide for student health and
safety;
(i) Provide special education
services other than transportation;
(j) Provide management functions for
DCPS, such as hiring and evaluating the Superintendent, developing a district
budget and allocating resources to schools, administering federal and private
funds, making contracts, and making personnel decisions;
(k) Oversee the facilities of DCPS by
maintaining, restoring, and repairing schools and other facilities and by
consolidating or closing schools and other facilities, when
appropriate; and
(l) Establish an Ombudsman for DCPS to
encourage communication between citizens, parents, and DCPS regarding issues concerning
the pre-K-12 program in DCPS.
Sec. 407. All rules, orders, executive
orders, obligations, determinations, grants, contracts, licenses, and agreements of
the Mayor, the State Education Office, the Board of Education, the
District of Columbia Public Schools, the District of Columbia Department of Human Services, other
agencies previously delegated functions relating to functions
transferred to the State Department of Education under this Act that are
in effect at the time this Act takes
effect shall remain in effect according to their terms until lawfully
amended, repealed, or modified by the State Department of Education.
Sec.
408. Implementation Plan.
(a) The State Department of Education
shall, within 90 days of enactment of this title, submit to the Mayor for
approval a detailed implementation plan to be completed not later than October 1, 2007, which
addresses all of the functions and responsibilities designated for transfer by the
District of Columbia State Department of Education Functions and Responsibilities Amendment Act of 2007.
As part of the implementation plan, the State
Department of Education shall include a transition plan that:
(1) Specifies timelines, dates, and
benchmarks for transfer of authority, responsibility,
budget, and employees;
(2) Specifies the activities and
estimated cost to the State Department of Education of carrying out each
function specified in sections 403-406 of this title; and
(3) Identifies any factors with
potential for disrupting services to students and recommends steps to
prevent any possible disruption.
(b) The Mayor shall forward the
approved implementation plan to the Council.
(c) The transfer of all functions
designated by the District of Columbia State Department of Education Functions and Responsibilities
Amendment Act of 2007 shall be made pursuant to the
implementation plan detailed in subsection (a) above.
TITLE V. CREATION OF EDUCATIONAL
FACILITIES OVERSIGHT COMMISSION.
Sec. 501. Short title.
This act may be cited as the
“District of Columbia Educational Facilities Oversight Commission
Establishment Act of 2007.”
Sec. 502. Establishment of the
District of Columbia Educational Facilities Oversight Commission. This Title
shall repeal the Public School Modernization Advisory Committee established in section 201 of the
School Modernization Financing Act of 2006 (D.C. Law
16-123, D.C. Official Code sec. 38-2973.01).
Sec.
503. Membership.
The Facilities Oversight Commission
shall consist of the Mayor, the Chairman of the Council, the President of the
Board of Education, the Chair of the Board of Education’s
Facilities Committee, and the District of Columbia CFO.
Sec. 504. Role of the Facilities
Oversight Commission. The Facilities Oversight Commission shall have the following
responsibilities:
(a) The Facilities Oversight Commission shall review
and approve annually new schools to be built and other schools to be
renovated. The Commission shall also receive quarterly reports on the
status of DCPS’s facilities program. These quarterly reports shall include
budget reports and project milestone reports.
(1) The budget reports shall include
information on active budget authority, expenditures against
authority, annual spending plan, project spending plan, percent of change orders/cost
overages, and actual project expenditures, with necessary explanations
and justifications.
(2) The project milestone reports
shall include information on all milestones, including: budget
process/activity; planning process/activity; design architect/engineering contract action
process/activity; design submission process/activity; construction
management contract action process activity; construction management services process/activity;
construction contract action process/activity and construction activity
process/activity.
(b) The Commission shall receive all
proposals for public private development partnerships for review and
recommendation to the Superintendent and the Board of Education
for execution.
(c) The Facilities Oversight
Commission shall facilitate coordination between DCPS and other city agencies,
including the D.C. CFO, the Office of Budget and Planning, the Department of Consumer and Regulatory
Affairs, the Office of Planning, and the Department of Parks and
Recreation.
Title VI. DISTRICT OF COLUMBIA PUBLIC
SCHOOLS PROCUREMENT AUTHORITY
Sec. 601. This act may be cited as the
“District of Columbia Public Schools Procurement Authority Act of
2007.”
Sec. 602. Procurement Authority.
(a) The Board of Education shall be
exempt from the D.C. Procurement Practices Act of 1985, effective February 21,
1986 (D.C. Laws 6-85, D.C. Official Code § 2-301.01 et seq.) and shall be independent of the
District of Columbia Office of Contracting and Procurement,
exercising independent procurement authority to carry out the purposes of
DCPS, including contracting and contract
oversight.
(b) The Board of Education shall be
required to obtain approval of contracts above the $1 million
threshold.
(c) Section 104(d) of the District of Columbia
Procurement Practices Act of 1985, effective February 21, 1986 (D.C.
Law 6-85, D.C. Official Code § 2-301.04(d)) is hereby repealed.
TITLE VII. SUPPORT FOR DCPS
FACILITIES MANAGEMENT PLAN.
Sec. 701. Short title.
This act may be cited as the
“District of Columbia Public Schools Facilities Management Plan
Support Act of 2007.”
Sec. 702. Plan Review Process.
(a) The Department of Consumer and
Regulatory Affairs (“DCRA”) shall establish a plan review process specific to DCPS, to
streamline the plan review process and facilitate
accelerated school construction.
(b) Staff Dedicated to DCPS.
(1) DCRA shall establish a team of
review and inspection personnel dedicated to supporting the DCPS
Master Facilities Plan. This shall include a requirement to provide certified DCPS inspectors for
the duration of the DCPS facilities program.
(2) The DCPS-dedicated staff team
shall be housed in the DCPS Office of Facilities Management.
TITLE VIII. PUBLIC CHARTER SCHOOL ACCOUNTABILITY
REFORM
Sec. 801. This act may be cited as the “Public Charter
Schools Accountability Reform Amendment Act of 2007.”
Sec. 802. Designation of the State
Department of Education as an Eligible Chartering
Authority.
The State Department of Education is
hereby designated as an eligible chartering authority, pursuant to the District
of Columbia School Reform Act of 1995, effective April 26, 1996 (Public Law 104-132; D.C. Official Code
§ 38-1800.02(17)(c)), and shall have all of the powers and be
subject to all of the duties of an eligible chartering authority,
pursuant to sections 2203 to 2213 of the District of Columbia School
Reform Act of 1995, effective April 26, 1996 (Public Law 104-132;
D.C. Official Code §§38-1802.03-13).
Sec. 803. Temporary Moratorium on the
Approval of New Public Charter School Petitions by the Board of
Education.
(a) The Board of Education’s
authority to receive, approve, or deny petitions to establish public charter schools,
pursuant to section 2203 of the District of Columbia School Reform Act of 1995, effective April 26, 1996
(Public Law 104-132; D.C. Official Code §38-1802.03), and the Public Charter Schools Act of 1996, effective May
29, 1996 (D.C. Law 11-135, D.C. Official Code
§38-1701.03), is hereby suspended.
(b) Applicability. This section is
emergency legislation and, as such, shall remain in operation for a period of 90 days, commencing
upon the date that this Title becomes effective, as provided for by section 412 of
the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12).
TITLE IX. CONFORMING AMENDMENTS
Sec. 901. Every appearance of the
term “Educational Service” in the D.C. Official Code is hereby
modified to read “Educational Services.”
TITLE X. FISCAL IMPACT; EFFECTIVE
DATE
Sec. 1001. Applicability
(a) Pursuant to the Council’s
declaration that a state of emergency exists with respect to the urgent need for rapid improvement in
the achievement of students enrolled in DCPS, all of
the titles of Emergency Student Achievement Act shall take effect immediately following approval by the Mayor (or in the event of veto by
the Mayor, action to override the veto) and
remain in effect for a period of 90 days, as provided for by section 412 of the District of Columbia Home Rule
Act, approved December 24, 1973 (87 Stat. 788, D.C.
Official Code § 1-204.12).
(b) All of the titles of Emergency
Student Achievement Act with the exception of section 703, shall take permanent
effect following approval by the Mayor (or in the event of veto by the Mayor, action to
override the veto), a 30-day period of Congressional review as
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
812; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
Columbia Register.
Sec. 1002 Fiscal Impact.
The Council adopts the fiscal impact
statement in the committee report as the fiscal impact statement required by
section 602(c)(3) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 813; D.C. Official Code § 113 206.02(c)(3)).
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