D.C. Code § 38-191

Current through codified legislation effective June 1, 2024

Section 38-191 - Department of Education; establishment; authority

(a) Pursuant to § 1-204.04(b), 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 § 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; and

(C) Repealed.

(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 its jurisdiction, including development and support of programs to improve the delivery of educational services and opportunities, from early childhood to the post-secondary education level, including the District of Columbia Public Schools, public charter schools, and the University of the District of Columbia; provided, that nothing in this chapter 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;

(7) Submit to the Mayor, Chancellor, State Board of Education, and the Council the reports required by § 38-353(14) and (15);

(8) Coordinate the development of the Master Facilities Plan;

(9) Provide administrative and technical support for the Common Lottery Board; and

(10)

(A) By May 31, 2021, establish common financial reporting standards for the non-capital budgets and expenditures of District of Columbia Public Schools and public charter schools. The common financial reporting standards shall:

(i) Include categories for reporting budgets and expenditures for instructional staff, school administrators, instructional supports, educational materials, and non-educational administrative costs;

(ii) Permit meaningful and accurate budget and expenditure comparisons, including comparisons of budgets and expenditures for at-risk students, as defined in section 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901(2A) ), between all public schools and between all local education agencies;

(iii) Ensure full and accurate disclosure of administrative costs for each local education agency; and

(iv) Make it possible to collect comparable data by school campus.

(B) For the purposes of this paragraph, the term:

(i) "Local education agency" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.

(ii) "Public schools" includes public charter schools.

(c) By December 31, 2009, the Deputy Mayor for Education shall submit to the to the Council for approval, by resolution, and to the State Board of Education for review, a plan describing the framework that it shall use to develop a statewide, strategic education and youth development plan ("EYD plan").

(d) By September 30, 2010, the Deputy Mayor for Education shall submit to the Council for approval, by resolution, and to the State Board of Education for review, the EYD plan, which shall include:

(1) A clearly articulated vision statement for children and youth from zero to 24 years of age;

(2) Stated goals and operational priorities;

(3) An assessment of needs, including a showing that the comprehensive strategy to address the stated needs is based on research and data;

(4) A timeline and benchmarks for planning and implementation;

(5) An operational framework that provides for shared accountability, broad-based civic community involvement, and coordination:

(A) With District, school, and other community efforts;

(B) With key stakeholders throughout the community, including those in top public and civic leadership;

(C) Of the education sector with housing, health, and welfare;

(D) With economic development policies and plans; and

(E) Of multiple funding streams to ensure sustainability of the EYD plan;

(6) An explication of the location and planning, including intended use and design, for the District's educational facilities and campuses; and

(7) Recommendations for policy and legislative changes, if needed, to increase the effectiveness of the EYD plan.

(e) The Mayor shall review and update the EYD plan every 3 years and submit the plan to the Council for approval, by resolution, and to the State Board of Education for review.

(f)

(1) To support the establishment of common financial reporting standards required pursuant to subsection (b)(10) of this section, the Deputy Mayor for Education may issue grants not to exceed $200,000, in Fiscal Year 2021.

(2) Grants issued pursuant to this subsection shall be administered pursuant to the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11et seq.).

(g) By September 30, 2023, and every 5 years thereafter, the Mayor shall submit to the Council an in-depth education funding adequacy study that:

(1) Reviews the Uniform Per Student Funding Formula ("UPSFF"), the city's method for allocating local operating dollars to District of Columbia Public Schools ("DCPS") and public charter schools, provided in the Uniform Per Student Funding Formula Act of 1998, March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.) ("UPSFF Act"), by, among other things, reviewing:

(A) The costs and expenses associated with operating DCPS and public charter schools included and excluded from the UPSFF, and recommending revisions; and

(B) The categories and weights provided in sections 104, 105, 106, and 106 a of the UPSFF Act and recommending revisions, including possible new categories or weights, if any; and

(2) Addresses issues of equitable funding among schools and between DCPS and public charter schools and recommends revisions to the UPSFF to achieve more equitable student outcomes.

D.C. Code § 38-191

Amended by D.C. Law 24-167, § IV-N-4132 , 69 DCR 009223, eff. 9/21/2022.

Amended by D.C. Law 23-149, § IV-F-4052 , 67 DCR 10493, eff. 12/3/2020.

June 12, 2007, D.C. Law 17-9, § 202, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4051(a), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4123, 57 DCR 6242; Feb. 26, 2015, D.C. Law 20-155, § 4052(a), 61 DCR 9990.

Section 4032 of D.C. Law 23-16 provied that: (a) For Fiscal Year 2020, the Deputy Mayor for Education shall have grant-making authority to provide a grant in an amount not to exceed $300,000 for a study of the uniform per student funding formula as recommended by the February 1, 2019 report of the Uniform Per Student Funding Formula Working Group and (b) A grant issued under this section shall be administered pursuant to the requirements set forth in subchapter XII-A of Chapter 3 of Title 1.

Section 4144 of D.C. Law 21-160 provided for Deputy Mayor for Education reporting requirements.

Section 4092 of D.C. Law 20-61 provided that, for fiscal year 2014, the Deputy Mayor for Education shall have grant-making authority solely for the purpose of providing a capital grant of $6 million for facility construction of a language-immersion public charter school serving middle and high school-aged students in the District; provided, that the grant issued under this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [ § 1-328.11 et seq.].

Section 4102 of D.C. Law 20-155 provided: "Deputy Mayor for Education limited grant-making authority.

"For Fiscal Year 2015, the Deputy Mayor for Education shall have grant-making authority solely to provide:

"(1) An operational grant of $ 2 million for the development of a language immersion public charter school campus serving middle- and high-school students; provided, that the grant shall not be used for the lease, renovation, or development costs of a temporary location; and

"(2) An operational grant of $ 2 million to support the project development and management of an athletic and community meeting space on the grounds of a public charter school that provides a classical education to students in grades 5 through 12."

Section 4103 of D.C. Law 20-155 provided that grants issued pursuant to §4102 of the act shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [ § 1-328.11 et seq.].

Section 7042(a) of D.C. Law 20-155 repealed D.C. Law 20-61, § 4092.

Section 4122 of D.C. Law 21-36 provided: "(a) Notwithstanding any other provision of law, the Deputy Mayor for Education may enter into one or more written agreements for advertisements and sponsorships to fund My School DC EdFest, an annual citywide public school fair.

"(b) No agreement pursuant to this section may require the District to expend funds.

"(c) Only advertisements shall be agreed to in exchange for corporate goods, services, or funds.

"(d) There shall be no limit to the value of goods, services, or funds that may be received from an organization, registered or not, or from an individual, regardless of whether the organization is located, or the individual resides, within the District of Columbia.

"(e) Any sponsorship or advertisement pursuant to this section shall be memorialized by written agreement of the parties.

"(f) The Deputy Mayor for Education shall keep an accounting of all goods, services, and funds received pursuant to this section and shall submit to the Mayor and to the Council of the District of Columbia a report accounting for all goods, services, and funds received pursuant to this section by December 31st of each year."

Section 4152 of D.C. Law 21-36 provided: "Deputy Mayor for Education limited grant-making authority.

"(a) For Fiscal Year 2016, the Deputy Mayor for Education shall have grant-making authority solely to provide:

"(1) Grants not to exceed $ 270,000 to organizations to provide advocacy, individual counseling, academic support, enrichment, life-skills training, and employment-readiness services for high school students in the District who are at risk of dropping out.

"(2) Grants not to exceed $ 150,000 to organizations to provide a music instruction program serving elementary school students in the District that have limited means to afford or access to instrumental music instruction.

"(3) A grant in an amount not to exceed $ 150,000, for a study, in consultation with the Board of Trustees of the University of the District of Columbia, to evaluate the cost, benefits, and feasibility of relocating the University of the District of Columbia Community College to a location east of the Anacostia River. The Deputy Mayor for Education, in consultation with the Board of Trustees of the University of the District of Columbia, may conduct the study in lieu of issuing a grant.

"(b) Grants issued under this section shall be administered pursuant to the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code Section 1-328.11 et seq.)."