D.C. Code § 38-2905

Current through codified legislation effective October 30, 2024

Section 38-2905 - Supplement to foundation level funding on the basis of the count of special education, LEP/NEP, summer school, and residential school students

(a) In addition to grade level allocations, supplemental allocations shall be provided on the basis of the count of students identified as entitled to and receiving:

(1) Special education;

(2) English as a second language or bilingual education services;

(3) Summer school instruction for students who do not meet literacy standards pursuant to promotion policies of the DCPS or Public Charter Schools as defined in § 38-1804.01(b)(3)(B)(ii); and

(4) Extended school days.

(a-1) Pursuant to § 38-2905.01, supplemental allocations shall be provided on the basis of the count of students identified as at-risk.

(b) Supplemental allocations shall be provided for each student in full-time residence at a residential DCPS or Public Charter School.

(c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows:

Special Education Add-ons:

Level/ Program	Definition	Weighting	Per Pupil Allocation in FY 2023
Level 1: Special Education	Eight hours or less per week of specialized services	0.97	$12,046
Level 2: Special Education	More than 8 hours and less than or equal to 16 hours per school week of specialized services	1.20	$14,903
Level 3: Special Education	More than 16 hours and less than or equal to 24 hours per school week of specialized services	1.97	$24,465
Level 4: Special Education	More than 24 hours per week of specialized services which may include instruction in a self-contained (dedicated) special education school other than residential placement	3.49	$43,342
Special Education Compliance	Weighting provided in addition to special education level add-on weightings on a per-student basis for Special Education compliance.	0.099	$1,229
Attorney's Fees Supplement	Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney's fees.	0.089	$1,105
Residential	D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program	1.67	$20,470

General Education Add-ons:

Level/ Program	Definition	Weighting	Per Pupil Supplemental Allocation FY 2023
Elementary ELL	Additional funding for English Language Learners in grades PK3-5	0.50	$6,210
Secondary ELL	Additional funding for English Language Learners in grades 6-12, alternative students, adult students, and students in special education schools	0.75	$9,314
At-risk	Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level in high school	0.24	$2,981
At-risk High School Over-Age Supplement	Weighting provided in addition to at-risk weight for students who are behind grade level in high school	0.06	$745
At-risk [greater than] 40% Concentration Supplement	Weighting provided in addition to at-risk weight for the percentage of at-risk students above 40% enrolled in a school where at least 40% of the student population is at-risk	0.05	$621
At-risk [greater than] 70% Concentration Supplement	Weighting provided in addition to at-risk weight for the percentage of at-risk students above 70% where at least 70% of the student population is at-risk	0.05	$621

Residential Add-ons:

Level/ Program	Definition	Weighting	Per Pupil Allocation in FY 2023
Level 1: Special Education - Residential	Additional funding to support the after-hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	0.37	$4,595
Level 2: Special Education - Residential	Additional funding to support the after-hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	1.34	$16,641
Level 3: Special Education -Residential	Additional funding to support the after-hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	2.89	$35,891
Level 4: Special Education - Residential	Additional funding to support the after-hours level 4 special education needs of limited and non-English proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	2.89	$35,891
LEP/NEP -Residential	Additional funding to support the after-hours limited and non-English proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting	0.668	$8,296

Special Education Add-ons for Students with Extended School Year ("ESY") Indicated in Their Individualized Education Programs ("IEPs"):

Level/ Program	Definition	Weighting	Per Pupil Allocation in FY 2023
Special Education Level 1 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.063	$782
Special Education Level 2 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.227	$2,819
Special Education Level 3 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.491	$6,098
Special Education Level 4 ESY	Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs	0.491	$6,098

(d) The above weightings shall be applied cumulatively in the counts of students who fall into more than one of the above categories.

(e)

(1) The summer school weighting of 0.17 shall apply to DCPS and public charter school students enrolled for at least 6 weeks for the purpose described in § 38-2901(13). Summer school students enrolled for a lesser period shall be funded for the number of days in that period on a pro-rata basis.

(2) To receive funding, a DCPS or public charter school summer school program must offer at least 60 hours of instruction outside the regular school year.

(3) To receive full funding, a summer school program must offer at least 4 hours of instruction per day, 5 days a week, for 6 weeks, or its equivalent, for a total of at least 120 hours of instruction outside the regular school year for the purpose described in § 38-2901(13).

(4) The fully funded summer school weighting of 0.17 shall apply for summer school programs that meet the requirements of paragraph (3) of this subsection.

(5) Summer school programs that enroll students for less than 120 hours but more than 59 hours shall be funded on a pro-rata basis.

(f)

(1) Funding for special education students enrolled in summer school whose Individual Education Plans require extended school year or summer school services shall be calculated using the add-on weights corresponding to their special education service levels as defined in subsection (c) of this section.

(2) Special education add-on weights for summer school shall apply only to summer programs that deliver the specialized services required by the Individual Education Plans of their enrolled special education students.

(g) The supplemental allocation for the extended school day shall be subject to the inclusion of its fiscal effect in an approved budget.

D.C. Code § 38-2905

Amended by D.C. Law 24-167, § IV-A-4002 , 69 DCR 009223, eff. 9/21/2022.

Amended by D.C. Law 24-45, § IV-A-4002 , 68 DCR 010163, eff. 11/13/2021.

Amended by D.C. Law 23-149, § IV-A-4002 , 67 DCR 10493, eff. 12/3/2020.

Mar. 26, 1999, D.C. Law 12-207, § 106, 45 DCR 8095; Oct. 19, 2000, D.C. Law 13-172, § 2702, 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, § 502, 48 DCR 6981; Oct. 1, 2002, D.C. Law 14-190, § 3402(d), 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 102(c), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 312(c), 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 4002(c), 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-348, § 101(b), 52 DCR 1991; Oct. 20, 2005, D.C. Law 16-33, §4012(c), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, §4002(d), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 4002(d), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4016(c), 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 4002(b), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4022(c), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(c), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4003(d), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 4002(c), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 95(a), 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 4002(c), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4002(c), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4002(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4002(c), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4002(c), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 201(c), 65 DCR 5091; Oct. 30, 2018, D.C. Law 22-168, § 4002(c), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 4003(d), 66 DCR 8621.

For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.

For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.