(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 the repeal of §§ 1-204.52 and 1-204.95, the members of the Board of Education established pursuant to §1-204.95 shall serve as the initial State Board of Education established by this chapter 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 § 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 § 1-1011.01:
(1) Wards 1 and 2 shall comprise School District I;
(2) Wards 3 and 4 shall comprise School District II;
(3) Wards 5 and 6 shall comprise School District III; 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 § 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 § 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 requirements of this subsection.
(f) The election of the members of the Board shall be conducted on a nonpartisan basis and in accordance with subchapter I of Chapter 10 of Title 1.
(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 § 1-1001.10(e) and (g).
(June 12, 2007, D.C. Law 17-9, § 402, 54 DCR 4102.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 17-9, the "Public Education Reform Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-1, which was referred to Committee of the Whole. The Bill was adopted on first and second readings on April 3, 2007, and April 19, 2007, respectively. Signed by the Mayor on April 23, 2007, it was assigned Act No. 17-38 and transmitted to both Houses of Congress for its review. D.C. Law 17-9 became effective on June 12, 2007.
Miscellaneous Notes
Applicability: Section 404 of Law 17-9 provides that this title shall apply upon Congressional enactment of Title IX. Congress enacted the provisions of Title IX in Pub. L. 110-33, approved June 1, 2007.
(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 Chapter 29 of this title;
(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; provided, that the Board shall be allocated 3 full-time equivalent staff members to perform administrative functions from within the Office of the State Superintendent of Education. These individuals shall be selected by the Board from a list of at least 3 qualified individuals per position produced by the State Superintendent. The individuals selected and serving shall not be removed except with the approval of both the Board and the State Superintendent.
(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.
(June 12, 2007, D.C. Law 17-9, § 403, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4032, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-111 rewrote subsec. (d), which had read as follows:
"(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."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4032 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 4032 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 17-9, see notes following § 38-2651.
For Law 18-111, see notes following § 38-191.
Miscellaneous Notes
Establishment of the State Board of Education's By laws, see Mayor's Order 2007-214, October 3, 2007 (55 DCR 139).
