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Current through October 23, 2012
(a) The classification of all positions in the Educational Service shall be in accordance with the policies of § 1-611.01.
(a-1) Notwithstanding any other provision of law, rule, or regulation:
(1) Except for the Chancellor and any Excepted Service employees appointed pursuant to § 1-609.03(a)(4), every employee of the District of Columbia Public Schools shall be:
(A) Classified as an Educational Service employee;
(B) Placed under the personnel authority of the Mayor; and
(C) Subject to all rules of the District of Columbia Public Schools;
(2) Repealed.
(3) Except for the State Superintendent of Education and any Excepted Service employees appointed pursuant to § 1-609.03(a)(7), every employee of the Office of the State Superintendent of Education shall be:
(A) Classified as an Educational Service employee; and
(B) Placed under the personnel authority of the Mayor.
(b) In order to carry out the policies of subsection (a) of this section, the District of Columbia Board of Education shall, for educational employees of the District of Columbia Board of Education, and the Board of Trustees of the University of the District of Columbia shall, for educational employees of the University of the District of Columbia, provide for the development of a classification system covering all positions. The respective Boards shall provide that all positions covered by this classification system are properly evaluated by application of official classification standards, in accordance with accepted classification principles and techniques and in accordance with applicable rules and regulations. Classification systems or proposals developed under the authority of this section shall be published in the District of Columbia Register at least 60 calendar days prior to their proposed effective date. Each Board shall hold a public hearing on all such proposals it publishes in the District of Columbia Register prior to its adoption of a classification system or amendment to such system.
(c) Repealed.
(d) Compensation for all employees in the Educational Service shall be fixed in accordance with the policies of paragraphs (1), (2), (3), (4), and (7) of subsection (a) of § 1-611.03.
(e) The new compensation systems authorized by subsection (d) of this section may include, but not be limited to, provisions for basic pay, pay increases based on quality of and length of service, premium pay, allowances, and severance pay.
(f) Each Board shall provide for appropriate consultations with employee organizations in the development of the new compensation systems.
(g)(1) Each Board shall submit to the Mayor a proposed new compensation system developed pursuant to the provisions of subsections (d) and (e) of this section. Any proposed new compensation system submitted to the Mayor by a Board as required by this subsection shall include proposed dates on which the new compensation system shall become effective. Within 20 days of the submission to the Mayor of a new compensation system proposal by a Board, the Mayor shall transmit the proposal to the Council in the form of a proposed resolution. The Mayor shall append to the proposal a statement that includes:
(A) Detailed reasons why the Mayor supports or opposes the proposal; and
(B) Any adjustments that the Mayor would like to have made to the proposal.
(2) Until the new compensation systems are approved, the compensation systems, including the salary and pay schedules in effect on December 31, 1979, shall continue in effect, provided that pay adjustments shall be made in accordance with the policy stated in § 1-611.03.
(h) The Council shall consider the proposed compensation systems in accordance with its procedures.
(i)(1) Each Board shall provide for the periodic review of its basic compensation systems, in order to improve the system and provide continuing conformity with the policy established by subsection (a) of this section.
(2) These reviews of compensation shall include, but need not be limited to, a review of the adequacy of the rates of basic pay.
(3) Each Board shall provide for appropriate consultations with employee organizations of employees under their respective jurisdiction in the periodic reviews of the compensation system.
(4) Beginning with the year commencing January 1, 1982, each Board shall submit to the Council by no later than October 1st of each year all initial proposed pay changes and adjustments and other proposed changes to the compensation systems if any for approval by resolution under the provisions of this section.
(5) If the Council by resolution approves, without revision, the proposed pay changes, adjustments, or other proposed changes to the compensation system submitted by the Board of Education, such changes shall become effective on the dates specified in the resolution submitted by the Board of Education as provided in paragraph (4) of this subsection. If the Council takes no action on the Board of Education's proposed change or changes within 60 calendar days of the submission thereof, such change or changes shall be deemed to have been approved by the Council on the day next following the expiration of such 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.
(6) If the Council desires to revise the proposal from the Board of Education, then, within the 60 calendar days for Council review, the Council may not only disapprove the proposal by resolution according to paragraph (5) of this subsection, but may, also, inform the Board of the Council's suggested revisions to the proposal and, subsequently, the Board may submit a new proposal.
(7) No pay increase for employees of the Board of Education shall vest unless funds for such pay increase are identified in the transmittal from the Board of Education to the Council concerning such increase.
(8) If the Council by resolution approves pay changes, adjustments, and other changes in a compensation system proposed by the Board of Trustees of the University of the District of Columbia, such changes shall become effective on the dates specified in the resolution submitted by the Board of Trustees as provided in paragraph (5) of this subsection. If the Council takes no action on the proposed change submitted by the Board of Trustees of the University of the District of Columbia within 60 calendar days of the submission thereof, such changes shall be deemed to have been approved by the Council on the day next following the expiration of this 60-day period. The 60 calendar days for Council review shall not include days that pass during a recess of the Council.
(9) If the Council disapproves the change or changes proposed by the Board of Trustees of the University of the District of Columbia, pursuant to paragraph (8) of this subsection, the Board may submit a new proposal.
(10) Repealed.
(11) Repealed.
(j) Retroactive pay is payable by reason of an increase in the salary or pay schedules under this section only where:
(1) The individual is in the service of the District of Columbia government on the date of final action by the Council on the increase; or
(2) The individual retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Council on the increase, and only for the services performed during that period.
(3) Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1111, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(l), 27 DCR 2632; Mar. 5, 1981, D.C. Law 3-150, § 3, 27 DCR 4900; Mar. 16, 1982, D.C. Law 4-78, § 8(b)-(d), 29 DCR 49; Aug. 1, 1985, D.C. Law 6-15, § 7(e), 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-177, § 3(o), 33 DCR 7241; May 10, 1989, D.C. Law 7-231, § 3(1), 36 DCR 492; Mar. 15, 1990, D.C. Law 8-94, § 2(d), 37 DCR 782; July 13, 1991, D.C. Law 9-12, § 2(b), 38 DCR 3376; Mar. 5, 1996, D.C. Law 11-98, § 301(d), 43 DCR 5; Aug. 1, 1996, D.C. Law 11-152, § 302(n), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(n)(6), 45 DCR 2464; Mar. 20, 2008, D.C. Law 17- 122, § 2(c), 55 DCR 1506; Mar. 26, 2008, D.C. Law 17-135, § 2(b), 55 DCR 1683; Aug. 16, 2008, D.C. Law 17-219, §§ 4004(b), 4019(b), 55 DCR 7598; Sept. 26, 2012, D.C. Law 19-171, § 9(d), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-612.11.
1973 Ed., § 1-341.11.
Effect of Amendments
D.C. Law 17-122 rewrote subsec. (a-1), which had read as follows:
"(a-1) Notwithstanding any other provision of law, rule, or regulation, an employee of the District of Columbia Public Schools shall be:
"(A) Classified as an Educational Service employee;
"(B) Placed under the personnel authority of the Board of Education; and
"(C) Subject to all Board of Education rules.
"(2) School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes."
D.C. Law 17-135, in subsec. (d), substituted "and (7)" for "and (6)".
D.C. Law 17-219, in subsec. (a-1)(3), substituted "of" for "transferred from the District of Columbia Public Schools to".
D.C. Law 17-219 repealed subsec. (a-1)(2); and, in subsec. (a-1)(3), substituted "of" for "transferred from the District of Columbia Public Schools to". Prior to repeal, subsec. (a-1)(2) read as follows:
"(2) Except for the Director and any Excepted Service employees appointed pursuant to § 1-609.03(a)(7), every employee of the Office of Public Education Facilities Modernization shall be:
"(A) Classified as an Educational Service employee; and
"(B) Placed under the personnel authority of the Mayor; and".
D.C. Law 19-171, in subsec. (a-1)(3), substituted "Superintendent of Education" for "Superintendent for Education".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 502 of Budget Support Temporary Act of 1995 (D.C. Law 11-78, January 26, 1996, law notification 43 DCR 650).
For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Temporary Amendment Act of 2002 (D.C. Law 14-113, April 13, 2002, law notification 49 DCR 4061).
For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Temporary Act of 2002 (D.C. Law 14-247, March 25, 2003, law notification 50 DCR 2760).
For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2003 (D.C. Law 15-23, July 22, 2003, law notification 50 DCR 6093).
For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Temporary Amendment Act of 2004 (D.C. Law 15-158, May 18, 2004, law notification 51 DCR 5698).
For temporary (225 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Temporary Act of 2004 (D.C. Law 15-323, April 8, 2005, law notification 52 DCR 4712).
Section 2(b) of D.C. Law 16-64, in subsec. (d), substituted "and (7)" for "and (6)".
Section 4(b) of D.C. Law 16-64 provides that the act shall expire after 225 days of its having taken effect.
Section 2(b) of D.C. Law 16-299, in subsec. (d), substituted "and (7)" for "and (6)".
Section 4(b) of D.C. Law 16-299 provides that the act shall expire after 225 days of its having taken effect.
Section 2(b) of D.C. Law 17-101, in subsec. (d), substituted "and (7)" for "and (6)".
Section 5(b) of D.C. Law 17-101 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see §§ 2(b) and 3 of Operation Enduring Freedom Active Duty Pay Differential Emergency Amendment Act of 2001 (D.C. Act 14-225, January 8, 2002, 49 DCR 664).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Emergency Act of 2002 (D.C. Act 14-498, October 23, 2002, 49 DCR 9795).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom Active Duty Pay Differential Extension Congressional Review Emergency Act of 2003 (D.C. Act 15-16, February 24, 2003, 50 DCR 1944).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2003 (D.C. Act 15-74, April 16, 2003, 50 DCR 3619).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-131, July 29, 2003, 50 DCR 6845).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2004 (D.C. Act 15-357, February 19, 2004, 51 DCR 2574).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Second Emergency Amendment Act of 2004 (D.C. Act 15-646, December 29, 2004, 52 DCR 233).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-57, March 17, 2005, 52 DCR 3180).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2005 (D.C. Act 16-205, November 17, 2005, 52 DCR 10522).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-298, February 27, 2006, 53 DCR 1877).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2006 (D.C. Act 16-516, October 25, 2006, 53 DCR 9099).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-2, January 16, 2007, 54 DCR 1436).
For temporary (90 day) amendment of section, see § 2(b) of Operation Enduring Freedom and Operation Iraqi Freedom Active Duty Pay Differential Extension Emergency Amendment Act of 2007 (D.C. Act 17-143, October 17, 2007, 54 DCR 10745).
For temporary (90 day) amendment of section, see § 2(c) of Public Education Personnel Reform Emergency Amendment Act of 2007 (D.C. Act 17-241, January 22, 2008, 55 DCR 983).
For temporary (90 day) amendment, see § 4019(b) of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 3-81, see Historical and Statutory Notes following § 1-602.02.
Law 3-150 was introduced in Council and assigned Bill No. 3-349, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on September 30, 1980 and October 14, 1980, respectively. Signed by the Mayor on October 29, 1980, it was assigned Act No. 3-275 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 4-78, see Historical and Statutory Notes following § 1-611.03.
For legislative history of D.C. Law 6-15, see Historical and Statutory Notes following § 1-608.01.
Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
Law 7-231 was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-94, see Historical and Statutory Notes following § 1-611.04.
For legislative history of D.C. Law 9-12, see Historical and Statutory Notes following § 1-611.03.
For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 1-624.07.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For Law 17-122, see notes following § 1-608.01a.
For Law 17-135, see notes following § 1-611.03.
For Law 17-219, see notes following § 1-308.29.
For history of Law 19-171, see notes under § 1-125.
Miscellaneous Notes
University within-grade salary freeze: Section 1101 of D.C. Law 11-52 provided for the prohibition on the receipt of within-grade salary increases for employees of the University of the District of Columbia for 1 year following the effective date of the Fiscal Year 1995 Supplemental Budget and Rescissions of Authority Request Act of 1994 (D.C. Act 10-400).
For temporary prohibition on the receipt of within-grade salary increases by employees of the University of the District of Columbia, see § 1101 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11- 124, July 27, 1995, 42 DCR 4160).
Applicability of § 101(n) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-611.02.
