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District of Columbia Official Code 2001 Edition. |
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Division VI. Education, Libraries, and Cultural Institutions. |
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Title 38. Educational Institutions. |
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Subtitle III. Public Education--Post Secondary. |
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Chapter 12. Public Postsecondary Education Reorganization. |
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Unit A. General. |
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Subchapter II. University of the District of Columbia.
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(a) There is established a body corporate by name of the Board of Trustees of the University of the District of Columbia, which by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties authorized by this section, and §§ 38-1202.06 and 38-1204.03, including the power to:
(1) Adopt, alter, and use a corporate seal, which shall be judicially noticed;
(2) Make contracts;
(3) Sue and be sued;
(4) Complain and defend in its name in any court of competent jurisdiction;
(5) Make, deliver, and receive deeds, leases, and other instruments;
(6) Take title to real and other property in its name;
(7) Adopt, prescribe, amend, repeal, and enforce bylaws, rules, and regulations it considers necessary for the governance and administration of the University; and
(8) Procure and contract for goods and services.
(b) There is hereby authorized to be established an independent agency of the government of the District of Columbia known as the University of the District of Columbia which shall be governed by the Board of Trustees as established in subsection (a) of this section.
(c) The Board of Trustees shall consist of 15 voting members selected in the following manner:
(1) Eleven members shall be appointed by the Mayor with the advice and consent of the Council.
(2) One member shall be a full-time student in good standing at the University elected by secret ballot by the student community at an election at which each registered student at the University shall be entitled to one vote.
(3) Each of the 3 remaining members shall be a holder of a degree from the University of the District of Columbia or from one or more of its predecessor institutions, including Miner Teachers College, Wilson Teachers College, District of Columbia Teachers College, Washington Technical Institute, or Federal City College, and shall be elected by a postal ballot election at which each living person who holds a degree from any of the foregoing institutions shall be sent a ballot and shall be entitled to vote.
(4) The Board of Trustees shall be responsible for the efficient and fair conduct of the elections for student and alumni Trustees pursuant to paragraphs (2) and (3) of this subsection. The elections shall be governed by election rules adopted by the Board of Trustees in accordance with subchapter I of Chapter 5 of Title 2. The initial rules shall be adopted by the Board of Trustees within 100 days of February 27, 1990, and shall include provisions for nomination of candidates by petition and may also provide for a nominating committee which, if it is appointed, shall submit for inclusion on the ballot twice as many names of nominees as there are positions to be filled. The Board of Trustees may, in its discretion, seek and receive advice and assistance from the Board of Elections and Ethics in preparing the election rules. The Board of Elections and Ethics may, by agreement with the Board of Trustees of the University, furnish other assistance requested by the Board of Trustees.
(c-1) Four of the 11 Trustees appointed by the Mayor with the advice and consent of the Council may be nonresidents of the District of Columbia. At least 7 of the 11 Trustees shall reside in the District of Columbia at the time of their confirmation by the Council. The Mayor shall submit the names of District residents and nonresidents in a proportion to comply with the provisions of this subsection, when submitting nominees to the Council.
(d) The student member of the Board of Trustees shall serve for a term of one year, beginning on May 15th following his or her election.
(e) Except as provided in § 38-1202.02(l), each nonstudent member of the Board of Trustees shall serve for a 5-year term, beginning on May 15th following his or her election or confirmation by the Council.
(f) A member of the Board of Trustees who has completed a full 5-year term in accordance with subsection (e) of this section may be reappointed or re-elected to serve 1 additional term, after which the former member may not become a Trustee by election or by appointment until May 15th of the 5th year following the year in which the former member left the Board. Service pursuant to § 38-1202.02(l) for the remainder of the term of a Trustee who has died or resigned shall not, by itself or in conjunction with other service, constitute a bar to the re-election or reappointment of a person who has served as a Trustee.
(g) Each member of the Board of Trustees serving on February 27, 1990, shall continue to serve until May 15th following the conclusion of his or her previously established term.
(h) Repealed.
(i) Repealed.
(j) A chairperson and a vice-chairperson of the Board of Trustees:
(1) Shall be chosen by a majority vote of the Trustees;
(2) Shall serve as chairperson or vice-chairperson until May 15 next following his or her election to that office; and
(3) May be re-elected as chairperson or vice-chairperson if still a member of the Board of Trustees.
(k) A member of the Board of Education shall not serve as a Trustee of the University. Except as provided in subsection (l) of this section a paid officer or employee of the University of the District of Columbia shall not serve as a Trustee. A retired officer or employee of the University of the District of Columbia, shall, however, be eligible to serve as a Trustee. A Trustee shall forfeit his or her membership on the Board upon failure to maintain the qualifications required by this subsection.
(l) The Chief Executive Officer of the University shall be a non-voting ex officio member of the Board of Trustees.
(m) Repealed.
(n) Repealed.
(Oct. 26, 1974, 88 Stat. 1424, Pub. L. 93-471, title II, § 201; Sept. 9, 1975, D.C. Law 1-12, § 3(a), (b), 22 DCR 1806; Nov. 1, 1975, D.C. Law 1-36, § 4, 23 DCR 2911; Apr. 6, 1977, D.C. Law 1-99, § 2(b), 23 DCR 8729; Feb. 27, 1990, D.C. Law 8-69, § 2, 36 DCR 7737; Oct. 15, 1993, D.C. Law 10-38, § 2, 40 DCR 5819; Aug. 1, 1996, D.C. Law 11-152, § 301(b), 43 DCR 2978; Apr. 12, 1997, D.C. Law 11-259, § 314(a), 44 DCR 1423; May 23, 2000, D.C. Law 13-116, § 2, 47 DCR 1998; Mar. 2, 2007, D.C. Law 16-191, § 3, 53 DCR 6794; Mar. 8, 2011, D.C. Law 18-286, § 2(a), 57 DCR 11012.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1511.
1973 Ed., § 31-1711.
Effect of Amendments
D.C. Law 13-116 added subsec. (c-1).
D.C. Law 16-191 repealed subsec. (i) which had read as follows:
"(i) When the term of one or more Trustees appointed by the Mayor with the advice and consent of the Council is due to expire on May 15th in any year, the Mayor shall transmit to the Council, not later than February 17th of that year, the nomination of a person to succeed each Trustee whose term is due to expire that year. The Council shall act on each timely nomination not later than April 15th of that year, and if no action is taken by the Council by April 15th of that year, the nomination shall be deemed approved."
D.C. Law 18-286 rewrote subsec. (a), which had read as follows:
"(a) There is hereby established a body corporate by name of the Board of Trustees of the University of the District of Columbia and by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by this section. Pursuant to this section and §§ 38-1202.06 and 38-1204.03, it shall have the power to adopt, alter, and use a corporate seal which shall be judicially noticed; and to make contracts; to sue and be sued, to complain and defend in its own name in any court of competent jurisdiction; to make, deliver, and receive deeds, leases and other instruments and to take title to real and other property in its own name; and to adopt, prescribe, amend, repeal, and enforce such bylaws, rules, and regulations as it may deem necessary for the governance and administration of the University; provided, however, that contracting for the purchase or disposal of goods and services shall be carried out by the Office of Contracting and Procurement on behalf of the Board of Trustees."
Temporary Amendments of Section
Section 2 of D.C. Laws 13-95, in subsec. (c)(1), added the second sentence, and added a new section to provide for filling vacancies on the Board.
Section 6(b) of D.C. Laws 13-95 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Laws 13-58 added subsection (c-1) to provide:
"Four of the 11 Trustees appointed by the Mayor with the advice and consent of the Council may be nonresidents of the District of Columbia. At least 7 of the 11 Trustees shall reside in the District of Columbia at the time of their confirmation by the Council. The Mayor shall submit the names of District residents and nonresidents in a proportion to comply with the provisions of this subsection, when submitting nominees to the Council."
Section 4(b) of D.C. Laws 13-58 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 17-302, in subsec. (f), inserted the following sentence at the end: "Notwithstanding section 2(c) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(c)), a member shall continue to serve until a successor is appointed and confirmed."
Section 4(b) of D.C. Law 17-302 provides that the act shall expire after 225 days of its having taken effect.
Section 2(a) of D.C. Law 18-92, in subsec. (a), substituted "the University." for "the University; provided, however, that contracting for the purchase or disposal of goods and services shall be carried out by the Office of Contracting and Procurement on behalf of the Board of Trustees. ".
Section 5(b) of D.C. Law 18-92 provides that the act shall expire after 225 days of its having taken effect.
Section 2(a) of D.C. Law 18-282 amended subsec. (a) to read as follows:
"(a) There is established a body corporate by name of the Board of Trustees of the University of the District of Columbia, which by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia ("University") and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties authorized by this section, and sections 206 and 403, including the power to:
"(1) Adopt, alter, and use a corporate seal, which shall be judicially noticed;
"(2) Make contracts;
"(3) Sue and be sued;
"(4) Complain and defend in its name in any court of competent jurisdiction;
"(5) Make, deliver, and receive deeds, leases, and other instruments;
"(6) Take title to real and other property in its name;
"(7) Adopt, prescribe, amend, repeal, and enforce bylaws, rules, and regulations it considers necessary for the governance and administration of the University; and
"(8) Procure and contract for goods and services.".
Section 5(b) of D.C. Law 18-282 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 301(b) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(b) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).
For temporary (90-day) amendment of section, see § 2 of the University of the District of Columbia Board of Trustees Residency Requirement Emergency Amendment Act of 1999 (D.C. Act 13-128, August 4, 1999, 46 DCR 6644).
For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Emergency Amendment Act of 1999 (D.C. Act 13-210, December 17, 1999, 47 DCR 9).
For temporary (90-day) amendment of section, see § 2 of the University of the District of Columbia Board of Trustees Residency Requirement Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-226, January 11, 2000, 47 DCR 481).
For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-280, March 7, 2000, 47 DCR 2022).
For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Emergency Amendment Act of 2000 (D.C. Act 13-372, June 26, 2000, 47 DCR 5844).
For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Emergency Amendment Act of 2008 (D.C. Act 17-569, November 6, 2008, 55 DCR 12112).
For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-3, January 30, 2009, 56 DCR 1625).
For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2009 (D.C. Act 18-200, October 10, 2009, 56 DCR 8137).
For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2010 (D.C. Act 18-467, July 7, 2010, 57 DCR 6914).
For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010 (D.C. Act 18-542, October 9, 2010, 57 DCR 9627).
For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-661, December 30, 2010, 58 DCR 70).
Legislative History of Laws
Law 1-12 was introduced in Council and assigned Bill No. 1-75, which was referred to the Committee on Higher Education/University of the District of Columbia. The Bill was adopted on first and second readings on May 13, 1975 and May 27, 1975, respectively. Signed by the Mayor on June 13, 1975, it was assigned Act No. 1-18 and transmitted to both Houses of Congress for its review.
Law 1-36 was introduced in Council and assigned Bill No. 1-115, which was referred to the Committee on Higher Education/University of the District of Columbia. The Bill was adopted on first and second readings on July 15, 1975 and July 29, 1975, respectively. Signed by the Mayor on August 25, 1975, it was assigned Act No. 1-50 and transmitted to both Houses of Congress for its review.
Law 1-99 was introduced in Council and assigned Bill No. 1-300, which was referred to the Committee on Higher Education/University of the District of Columbia. The Bill was adopted on first and second readings on July 27, 1976 and September 15, 1976, respectively. Signed by the Mayor on October 18, 1976, it was assigned Act No. 1-161 and transmitted to both Houses of Congress for its review.
Law 8-69 was introduced in Council and assigned Bill No. 8-232, which was referred to the Committee on Education and Libraries. The Bill was adopted on first and second readings on September 26, 1989, and October 10, 1989, respectively. Approved without the signature of the Mayor on November 1, 1989, it was assigned Act No. 8-105 and transmitted to both Houses of Congress for its review.
D.C. Law 10-10, the "Board of Trustees of the University of the District of Columbia Term Holdover Temporary Amendment Act of 1993," was introduced in Council and assigned Bill No. 10-262. The Bill was adopted on first and second readings on May 4, 1993, and June 1, 1993, respectively. Signed by the Mayor on June 8, 1993, it was assigned Act No. 10-37 and transmitted to both Houses of Congress for its review. D.C. Law 10-10 became effective on July 31, 1993.
D.C. Law 10-38, the "Board of Trustees of the University of the District of Columbia Term Holdover Amendment Act of 1993," was introduced in Council and assigned Bill No. 10-272, which was referred to the Committee on Education and Libraries. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on July 29, 1993, it was assigned Act No. 10-71 and transmitted to both Houses of Congress for its review. D.C. Law 10-38 became effective on October 15, 1993.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 38-1201.03.
Law 11-259, the "Procurement Reform Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-705, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on January 3, 1997, it was assigned Act No. 11-526 and transmitted to both Houses of Congress for its review. D.C. Law 11-259 became effective on April 9, 1997.
Law 13-116, the "University of the District of Columbia Board of Trustees Residency Requirement Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-330, which was referred to the Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on January 4, 2000, and February 1, 2000, respectively. Signed by the Mayor on February 18, 2000, it was assigned Act No. 13-269 and transmitted to both Houses of Congress for its review. D.C. Law 13-116 became effective on May 23, 2000.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
Law 18- 286, the "University of the District of Columbia Board of Trustees Quorum and Contracting Reform Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-724, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on October 19, 2010, and November 9, 2010, respectively. Enacted without signature of the Mayor on December 2, 2010, it was assigned Act No. 18-596 and transmitted to both Houses of Congress for its review. D.C. Law 18-286 became effective on March 8, 2011.
References in Text
Section 38-1202.02, referred to in subsections (e) and (f), was repealed by D.C. Law 12-68, § 401(i), effective April 29, 1998.
(Oct. 26, 1974, 88 Stat. 1425, Pub. L. 93-471, title II, § 202; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2916; Mar. 14, 1985, D.C. Law 5-161, § 2, 32 DCR 158; Feb. 27, 1990, D.C. Law 8-69, § 3, 36 DCR 7737; April 29, 1998, D.C. Law 12-86, § 401(i), 45 DCR 1172.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1512.
1973 Ed., § 31-1712.
(a) Any Trustee shall be automatically suspended from serving as such member after he has been found guilty of a felony by a court of competent jurisdiction. Upon a final determination of his guilt or innocence, the term of such member shall automatically terminate or be reinstated.
(b) The Board of Trustees shall have the power to remove any member, after fair notice and an opportunity to be heard, at any time for adequate cause which relates to such members' character or efficiency as a Trustee.
(c) The tenure of the student member shall automatically terminate if the status of such member ceases to be that of a full-time student at the University.
(Oct. 26, 1974, 88 Stat. 1425, Pub. L. 93-471, title II, § 203; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2921.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1513.
1973 Ed., § 31-1713.
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
Trustees shall serve without compensation except that each Trustee shall be entitled to reimbursement for actual and necessary expenses incurred while actually engaged in service as a Trustee, provided that these expenses are properly documented. In no case, however, shall a Trustee receive expense reimbursement that exceeds $4,000 per annum.
(Oct. 26, 1974, 88 Stat. 1426, Pub. L. 93-471, title II, § 204; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2292; Mar. 3, 1979, D.C. Law 2-139, § 3204(f), 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(gg), 27 DCR 2632; Apr. 20, 1991, D.C. Law 8-259, § 2, 38 DCR 1449; July 13, 1991, D.C. Law 9-13, § 2, 38 DCR 3378.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1514.
1973 Ed., § 31-1714.
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.
Law 3-81 was introduced in Council and assigned Bill No. 3-236, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 22, 1980 and May 20, 1980, respectively. Signed by the Mayor on June 4, 1980, it was assigned Act No. 3-195 and transmitted to both Houses of Congress for its review.
Law 8-259 was introduced in Council and assigned Bill No. 8-734. The Bill was adopted on first and second readings on December 18, 1990, and February 5, 1991, respectively. Signed by the Mayor on February 15, 1991, it was assigned Act No. 8-344 and transmitted to both Houses of Congress for its review.
Law 9-13 was introduced in Council and assigned Bill No. 9-48, which was referred to the Committee on Education and Libraries. The Bill was adopted on first and second readings on April 9, 1991, and May 7, 1991, respectively. Signed by the Mayor on May 17, 1991, it was assigned Act No. 9-31 and transmitted to both Houses of Congress for its review.
The Trustees shall by August 1, 1977, consolidate the existing public institutions of postsecondary education in the District of Columbia under a single management system to be called the University of the District of Columbia, with several programs, schools, colleges, institutes, campuses and other components that offer a comprehensive program of public postsecondary education. The institutions of public postsecondary education in the District of Columbia existing immediately prior to such consolidation shall be deemed abolished on the effective date of the consolidation. Thereafter, any reference in any law, rule, regulation, or other document of the United States or of the District of Columbia to such institutions shall be deemed to be a reference to the University of the District of Columbia.
(Oct. 26, 1974, 88 Stat. 1426, Pub. L. 93-471, title II, § 205; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2922; Apr. 6, 1977, D.C. Law 1-99, § 2(a), 23 DCR 8729.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1515.
1973 Ed., § 31-1715.
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
For legislative history of D.C. Law 1-99, see Historical and Statutory Notes following § 38-1202.01.
It shall be the duty of the Trustees to:
(1) Review the existing public institutions of postsecondary education with respect to:
(A) Accreditation;
(B) Present programs and functions;
(C) Actual and potential capabilities; and
(D) Educational policies and procedures;
(2)(A) Establish the University of the District of Columbia consisting of, but not limited to, 2 major components, liberal and fine arts and vocational and technical education;
(B) Prepare and, from time to time, revise a long-range plan for the development of the University which shall include the type and scope of programs offered and envisioned. Such plan shall also include the development, expansion, integration, coordination and efficient use of the facilities, physical plant, curricula, and standards of public postsecondary education. Such initial plan and any revisions thereof shall be made available to the public, the Council of the District of Columbia and the Mayor for a period of not less than 60 days prior to its implementation and the Trustees shall hold such hearings and public forums as may be necessary to receive public response and comment on such plans;
(C) Operate a public law school component, established under subchapter VI of this unit, in a manner that shall:
(i) Maintain any accreditation necessary to qualify the graduates of the School of Law to take the bar examinations of the District of Columbia and of the several states;
(ii) Represent, to the maximum extent feasible, the legal needs of low-income persons, particularly those who reside in the District of Columbia, through the training of law students; and
(iii) Recruit and enroll, to the maximum extent feasible, students from racial, ethnic, and other population groups that in the past have been underrepresented among persons admitted to the bar of the District of Columbia and the several states;
(3) Establish or approve policies and procedures governing admissions, curricula, programs, graduation, the awarding of degrees, and general policy making for the components of the University;
(4) Prepare and submit to the Mayor, on a date fixed by the Mayor, an annual budget for each fiscal year. Such budget shall include a proposed financial operating plan for such fiscal year, and a capital and educational improvements plan for such fiscal year and the succeeding 4 fiscal years for the University. The Mayor and the Council shall, after review and consideration of the budget submitted by the Trustees, establish the maximum amount of funds for each of the major components of the University and the total University budget which will be allocated to the Trustees;
(5) Transfer during the fiscal year any appropriation balance available for one item of appropriation to another item of appropriation or to a new program designated by action of the Trustees; provided, that any such action under this paragraph shall be taken in accordance with the provisions of the reprogramming policy and laws of the District of Columbia;
(6) Repealed.
(7) Enter into negotiations and binding contracts in accordance with District contracting and procurement rules and regulations to perform organized research, training and demonstrations on a reimbursable basis for the United States and the government of the District of Columbia and other public and private agencies;
(8) Fix tuition, and fees in addition to tuition, to be paid by resident and nonresident students attending the University; provided, that such tuition and fees are adopted by the Trustees in accordance with the provisions of § 2- 505(a);
(9) Deposit all revenues and receipts of any nature whatsoever derived from tuition and fees received from students with the District of Columbia Treasurer under regulations established by the Mayor, which revenues shall be accounted for in the Municipal University Fund as a separate revenue source allocated to provide authority for such University purposes as the Board of Trustees may approve;
(10) Select, appoint, and fix the compensation for a Chief Executive Officer of the University and of such staff for the Board of Trustees as it deems necessary and approve the appointment and compensation of the academic and administrative heads of each of the components of the University and of such other officers as it deems necessary, including legal counsel, subject to the provisions of Chapter 6 of Title 1. The Chief Executive Officer shall serve at the pleasure of the Trustees;
(11) Submit recommendations to the Mayor and the Council of the District of Columbia from time to time relating to legislation affecting the administration and programs of the University;
(12) Develop and define, in conjunction with the faculty, a policy governing academic freedom for the University and establish mechanisms to ensure its protection and enforcement;
(13) Perform such duties and make such rules and regulations as may be necessary to carry out the purposes of this unit;
(14) Seek to establish with the Board a Coordination Committee to determine areas of cooperation, coordination and assistance;
(15) Utilize the services and seek the counsel and advice of the District of Columbia Commission on Postsecondary Education in planning the development of a program for public postsecondary education in the District of Columbia;
(16) Generally determine, control, supervise, manage, and govern all affairs of the University;
(17) Repealed;
(18) Establish health policies and procedures for adult students as provided in Chapter 6 of this title;
(19)(A) Coordinate the state system, in accordance with federal requirements, for pre-k teacher preparation, professional development, and training;
(B) Establish a collaborative of District of Columbia colleges and universities to craft a higher education incentive grant program and a scholarship program and develop a pre-k workforce development plan, as required by § 38-274.01; and
(C) Establish the higher education incentive grant program and the scholarship program for the purpose of increasing the number of highly qualified pre-k teachers and assistant teachers who are eligible to teach in a high-quality pre-k classroom as of September 1, 2014, as set forth in § 38-274.01; and
(20)(A) Procure all goods and services necessary to operate the University independent of the Office of Contracting and Procurement and the requirements of Chapter 3A of Title 2, except as specified in § 2-351.05; provided, that the Council has approved proposed rules governing the procurement of goods and services.
(B) Submit any proposed rules governing the procurement of goods and services promulgated subsequent to October 9, 2010, to the Council for its review and approval.
(Oct. 26, 1974, 88 Stat. 1427, Pub. L. 93-471, title II, § 206; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2923; Mar. 3, 1979, D.C. Law 2-139, § 3204(f), 25 DCR 5740; Aug. 22, 1980, D.C. Law 3-82, § 3(a), 27 DCR 2647; Feb. 9, 1984, D.C. Law 5-47, § 2, 30 DCR 5641; Feb. 24, 1987, D.C. Law 6-177, § 2(c), (d), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 301(c), 43 DCR 2978; Apr. 12, 1997, D.C. Law 11-259, § 314(b), 44 DCR 1423; Apr. 20, 1999, D.C. Law 12-231, § 2(a), 46 DCR 487; Mar. 8, 2011, D.C. Law 18-285, § 3, 57 DCR 11005; Mar. 8, 2011, D.C. Law 18-286, § 2(b), 57 DCR 11012; Sept. 26, 2012, D.C. Law 19-171, §§ 96, 226, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1516.
1973 Ed., § 31-1716.
Effect of Amendments
D.C. Law 18-285 added par. (19).
D.C. Law 18-286, in par. (15), deleted "and" from the end; rewrote par. (16); repealed par. (17); in par. (18), substituted "; and" for a period at the end; and added par. (20). Prior to amendment or repeal, pars. (16) and (17) read as follows:
"(16) Generally determine, control, supervise, manage, and govern all affairs of the University of the District of Columbia; provided, however, except as provided in section 301, that procurement and disposal of goods and services shall be carried out by the Office of Contracting and Procurement on behalf of the Trustees. Toward this end the Trustees are authorized to adopt such policies and regulations as it may deem wise.
"(17) Establish or approve policies and procedures governing admissions, curricula, educational and vocational programs, and graduation for the adult education program, and operate an adult education program which shall provide services and instruction for adults who:
"(A) Lack sufficient mastery of basic educational skills to enable them to function effectively in society;
"(B) Do not have a certificate of graduation from a school providing secondary education and who have not achieved an equivalent level of education; or
"(C) Have limited ability in speaking, reading, writing, or understanding the English language and whose native language is a language other than English."
D.C. Law 19-171, in par. (18), validated a previously made technical correction; and, in par. (20), substituted "the requirements of Chapter 3A of Title 2, except as specified in § 2-351.05" for "the requirements of Unit A of Chapter 3 of Title 2, except as specified in § 2-303.20".
Temporary Amendments of Section
Section 2(b) of D.C. Law 18-92 deleted "and" from the end of par. (15), rewrote par. (16) to read as follows:
"(16) Generally determine, control, supervise, manage, and govern all affairs of the University of the District of Columbia and, pursuant to paragraph (19) of this section, adopt policies and regulations considered necessary for efficient governance;"
; repealed par. (17); in par. (18), substituted "; and" for a period; and added par. (19) to read as follows:
"(19)(A) Procure all goods and services necessary to operate the University independent of the Office of Contracting and Procurement and the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.) ('Act'), except as specified in section 320 of the Act; provided, that the Council has approved proposed rules governing the procurement of goods and services.
"(B) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day review period, the proposed rules shall be deemed disapproved."
Section 5(b) of D.C. Law 18-92 provides that the act shall expire after 225 days of its having taken effect.
Section 3 of D.C. Law 18-142 added par. (19) to read as follows:
"(19)(A) Coordinate the state system, in accordance with federal requirements, for pre-k teacher preparation, professional development, and training;
"(B) Establish a collaborative of District of Columbia colleges and universities to craft a higher education incentive grant program and a scholarship program and develop a pre-k workforce development plan, as required by section 401 of the Pre-k Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code § 38-274.01) (Pre-k act"); and
"(C) Establish the higher education incentive grant program and the scholarship program for the purpose of increasing the number of highly-qualified pre-k teachers and assistant teachers who are eligible to teach in a high-quality pre-k classroom as of September 1, 2014, as set forth in section 401 of the Pre-k act.".
Section 5(a) of D.C. Law 18-142 provides that the act shall expire after 225 days of its having taken effect.
Section 2(b) of D.C. Law 18-282, in par. (15), deleted "and" at the end; amended par. (16) to read as follows:
"(16) Generally determine, control, supervise, manage, and govern all affairs of the University;".
; repealed par. (17); in par. (18), substituted "; and" for a period at the end; and added par. (19) to read as follows:
"(19)(A) Procure all goods and services necessary to operate the University independent of the Office of Contracting and Procurement and the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.) ('Act'), except as specified in section 320 of the Act; provided, that the Council has approved proposed rules governing the procurement of goods and services.
"(B) Submit any proposed rules governing the procurement of goods and services promulgated subsequent to the effective date of the University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010, passed on emergency basis on September 21, 2010 (Enrolled version of Bill 18-995), to the Council for its review and approval.".
Section 5(a) of D.C. Law 18-282 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 301(c) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(c) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).
For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2009 (D.C. Act 18-200, October 10, 2009, 56 DCR 8137).
For temporary (90 day) amendment of section, see § 3 of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).
For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2010 (D.C. Act 18-467, July 7, 2010, 57 DCR 6914).
For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010 (D.C. Act 18-542, October 9, 2010, 57 DCR 9627).
For temporary (90 day) amendment of section, see § 3 of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).
For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-661, December 30, 2010, 58 DCR 70).
For temporary (90 day) amendment of section, see § 3 of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 38-1202.04.
Law 3-82 was introduced in Council and assigned Bill No. 3-3, which was referred to the Committee of the Whole. The Bill was adopted on first, amended first and second readings on April 22, 1980, May 6, 1980, and May 20, 1980, respectively. Signed by the Mayor on June 12, 1980, it was assigned Act No. 3- 196 and transmitted to both Houses of Congress for its review.
Law 5-47 was introduced in Council and assigned Bill No. 5-218, which was referred to the Committee on Education. The Bill was adopted on first and second readings on September 20, 1983, and October 4, 1983, respectively. Signed by the Mayor on October 21, 1983, it was assigned Act No. 5-73 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 38-1205.01.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 38-1201.03.
For legislative history of D.C. Law 11-259, see Historical and Statutory Notes following § 38-1202.01.
Law 12-231, the "Adult Education Designation Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-775, which was referred to the Committee on Education, Libraries, and Recreation. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 11, 1998, it was assigned Act No. 12-544 and transmitted to both Houses of Congress for its review. D.C. Law 12-231 became effective on April 20, 1999.
For history of Law 18-285, see notes under § 38-271.01.
For history of Law 18-286, see notes under § 38-1202.01.
For history of Law 19-171, see notes under § 38-192.01.
Resolutions
Resolution 18-351, the "University of the District of Columbia Procurement Rules Emergency Approval Resolution of 2009", was approved effective December 15, 2009.
(Oct. 26, 1974, Pub. L. 93-471, title II, § 207, 88 Stat. 1428; Sept. 9, 1975, D.C. Law 1-12, § 3(c), 22 DCR 1807; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2927; Mar. 3, 1979, D.C. Law 2-139, § 3204(f), 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1973 Ed., § 31-1717.
The Board of Higher Education and the Vocational Board shall be abolished on the day that the Board of Trustees convenes its 1st meeting. Except as provided by this unit all functions, powers, and duties of the Board of Higher Education and the Vocational Board under Chapter 11 of this title shall be vested in and exercised by the Trustees. All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds and assets and liabilities of the Board of Higher Education and Vocational Board are authorized to be transferred to the Trustees, except the functions of licensing institutions to confer degrees as authorized by this unit. All rules, orders, obligations, determinations and any other understandings of the Board of Higher Education and the Board of Vocational Education shall remain in effect until such time as they may be lawfully amended, modified or repealed by the Trustees.
(Oct. 26, 1974, 88 Stat. 1428, Pub. L. 93-471, title II, § 208; as added Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2929; July 2, 2011, D.C. Law 18-378, § 3(bb), 58 DCR 1720.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1517.
1973 Ed., § 31-1718.
Effect of Amendments
D.C. Law 18-378, in subsec. (a)(1), substituted "this unit" for "§ 29-615".
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
Law 18-378, the "District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009", was introduced in Council and assigned Bill No. 18-500, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 27, 2011, it was assigned Act No. 18-724 and transmitted to both Houses of Congress for its review. D.C. Law 18-378 became effective on July 2, 2011.
(a) In the administration of: (1) the Act of August 30, 1890 (7 U.S.C. §§ 321 to 326, and 328) (known as the Second Morrill Act); (2) the 10th paragraph under the heading "Emergency Appropriations" in the Act of March 4, 1907 (7 U.S.C. § 322) (known as the Nelson Amendment); (3) § 22 of the Act of June 29, 1935 (7 U.S.C. § 329) (known as the Bankhead-Jones Act); (4) the Act of March 4, 1940 (7 U.S.C. § 331); and (5) the Agricultural Marketing Act of 1946 (7 U.S.C. §§ 1621 to 1627); the University shall be considered to be a university established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. §§ 301 to 305, 307, and 308) (known as the First Morrill Act); and the term "state" as used in the laws and provisions of law listed in clauses (1), (2), (3), (4) and (5) of this subsection shall include the District of Columbia.
(b) In the administration of the Act of May 8, 1914 (7 U.S.C. §§ 341 to 346, and 347a to 349) (known as the Smith-Lever Act):
(1) The University shall be considered to be a university established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. §§ 301 to 305, 307, and 308); and
(2) The term "state" as used in such Act of May 8, 1914, shall include the District of Columbia.
(c) In lieu of an authorization of appropriations for the District of Columbia under § 3(c) of such Act of May 8, 1914, there is authorized to be appropriated such sums as may be necessary to provide cooperative agricultural extension work in the District of Columbia under such Act. Any reference in such Act (other than § 3(c) thereof) to funds appropriated under such Act shall in the case of the District of Columbia be considered a reference to funds appropriated under this subsection.
(d) Four per centum of the sums appropriated under subsection (c) of this section for each fiscal year shall be allotted to the Federal Extension Service of the Department of Agriculture for administrative, technical, and other services provided by the Service in carrying out the purposes of this section.
(e) Reserved.
(Oct. 26, 1974, 88 Stat. 1428, Pub. L. 93-471, title II, § 208; renumbered § 209, Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2911; May 22, 2008, 122 Stat. 923, Pub. L. 110-234, § 7417(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1518.
1973 Ed., § 31-1719.
Effect of Amendments
Pub. L. 110-234, in subsec. (b)(2), deleted ", except that the District of Columbia shall not be eligible to receive any sums appropriated under § 3 of such act" following "Columbia"; and, in subsec. (c), deleted the former second sentence, which had read as follows: " Such sums may be used to pay no more than one half of the total cost of providing such extension work."
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
Effective Dates
Section 7417(b) of Pub. L. 110-234 provides that the amendments made by this section take effect on October 1, 2008.
References in Text
"Section 3 of such Act," referred to in subsection (b)(2) and in the first sentence of (c) of this section, is codified at 7 U.S.C. § 343.
Miscellaneous Notes
Investment Advisory Committee for Land Grants Funds established: See Mayor's Order 83-129, May 17, 1983.
The enactment of this unit shall, as respects the District of Columbia, be deemed to satisfy any requirement of state consent contained in any of the laws or provisions of law referred to in § 38-1202.09.
(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title II, § 209; renumbered § 210, Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2911.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1519.
1973 Ed., § 31-1720.
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
(a) All functions, powers, and duties of the Board of Governors of the District of Columbia School of Law established by § 38-1205.03 shall be vested in and exercised by the Trustees. The District of Columbia School of Law shall be merged with and become a component of the University of the District of Columbia, as a single independent agency of the District of Columbia under the authority and jurisdiction of the Trustees.
(b) All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds and assets and liabilities of the Board of Governors are transferred to the Trustees. All rules, orders, obligations, determinations, and any other understandings of the Board of Governors shall remain in effect until such time as they may be lawfully amended, modified, or repealed by the Trustees. Thereafter, any reference in any law, rule, regulation, or other document of the United States or the District of Columbia to the Board of Governors shall be deemed to be a reference to the Trustees, and any reference in any law, rule, regulation, or other document of the United States or the District of Columbia to the District of Columbia School of Law shall be deemed to be a reference to the University of the District of Columbia School of Law.
(c) The Trustees shall be bound by the terms of the Merger Agreement between the University of the District of Columbia and the District of Columbia School of Law, signed November 6, 1995.
(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title 11, § 211, as added, Aug. 1, 1996, D.C. Law 11-152, § 301(d), 43 DCR 2978.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1520.
Emergency Act Amendments
For temporary addition of section, see § 301(d) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, Apr. 26, 1996, 43 DCR 2412), and § 201(d) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).
Section 501 of D.C. Act 11-335 provides for the application of the act.
Legislative History of Laws
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 38-1201.03.
References in Text
Section 38-1205.03, referred to in (a), was repealed by D.C. Law 11-152, 43 DCR 2978.
Miscellaneous Notes
Law School buildings: For provisions directing the District of Columbia School of Law to submit any lease or building purchase agreement to the Council for review, see § 702 of D.C. Law 10-128.
(Oct. 26, 1974, 88 Stat. 1423, Pub. L. 93-471, title II, § 212, as added Apr. 20, 1999, D.C. Law 12-231, § 2(b), 46 DCR 487; June 12, 2007, D.C Law 17-9, § 303, 54 DCR 4102.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1520a.
Temporary Addition of Section
Section 2 of D.C. Law 12-183 added this section.
Section 4(b) of D.C. Law 12-183 provided that this act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary addition of section, see § 2 of the Adult Education Designation Emergency Amendment Act of 1998 (D.C. Act 12-449, September 18, 1998, 45 DCR 6667), and § 2 of the Adult Education Designation Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-598, January 20, 1999, 45 DCR 1144).
Legislative History of Laws
Law 12-183, the "Adult Education Designation Temporary Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-742. The Bill was adopted on first and second readings on July 30, 1998, and September 22, 1998, respectively. Signed by the Mayor on October 1, 1998, it was assigned Act No. 12-454 and transmitted to both Houses of Congress for its review. D.C. Law 12- 183 became effective on March 26, 1999.
Law 12-231, the "Adult Education Designation Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-775, which was referred to the Committee on Education, Libraries, and Recreation. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 11, 1998, it was assigned Act No. 12-544 and transmitted to both Houses of Congress for its review. D.C. Law 12-231 became effective on April 20, 1999.
For Law 17-9, see notes following § 38-103.
