District of Columbia Official Code 2001 Edition.

Division VI. Education, Libraries, and Cultural Institutions.

Title 38. Educational Institutions.

Subtitle III. Public Education--Post Secondary.

Chapter 12. Public Postsecondary Education Reorganization.

Unit A. General.

Subchapter II. University of the District of Columbia.

§ 38-1202.06. Duties of Trustees.

Current through October 23, 2012

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;

(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;

(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.

                
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(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:

"(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.