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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 IV. Miscellaneous.
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(a)(1) The chairperson or a majority of the members of the Trustees may convene a meeting. The Trustees shall hold meetings periodically, as scheduled by the Trustees; provided, that at least 6 meetings shall be held each year. All meetings shall be held in the District of Columbia. Except as provided in paragraph (2) of this subsection, meetings shall be noticed to the public and open to the public.
(2) The Trustees may convene in executive session by a vote of a majority of the voting members serving to take action on matters that:
(A) Relate to personnel or to practices of the Trustees;
(B) Would result in the disclosure of matters specifically exempted from disclosure by statute; or
(C) Would result in the disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
(3) The Trustees shall keep the minutes of each meeting of the Trustees and shall make the minutes of each public meeting available to the public for inspection and distribution.
(b) No official action may be taken at a meeting or an executive session unless a quorum is present; except, that a lesser number may hold a hearing. A majority of the voting members serving on the Board of Trustees shall constitute a quorum.
(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 401; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2931; Mar. 3, 1979, D.C. Law 2-132, § 2, 25 DCR 3489; Mar. 8, 2011, D.C. Law 18-286, § 2(c), 57 DCR 11012.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1531.
1973 Ed., § 31-1731.
Effect of Amendments
D.C. Law 18-286 rewrote the section, which formerly read:
"Meetings may be called by the Chairperson or a majority of the members of the Trustees. No official action may be taken by the Trustees except at a meeting of the Trustees at which a quorum is present. A total of 8 of the voting members of the Board of Trustees shall constitute a quorum for the transaction of business, except a lesser number may hold hearings. Each meeting of the Trustees shall be open to the public and held in the District of Columbia with appropriate notice of each such meeting given to the general public, except a majority of the Trustees may elect to go into executive session to take action on personnel matters. The Trustees shall meet at stated times established by the Board of Trustees, but not less frequently than 4 times a year."
Temporary Amendments of Section
Section 2(b) of D.C. Laws 13-095, in the third sentence, substituted "A majority" for "A total of 8".
Section 6(b) of D.C. Laws 13-095 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 18-91 substituted "A majority of the voting members of the Board of Trustees shall constitute a quorum for the transaction of business" for "A total of 8 of the voting members of the Board of Trustees shall constitute a quorum for the transaction of business".
Section 4(b) of D.C. Law 18-91 provides that the act shall expire after 225 days of its having taken effect.
Section 2(c) of D.C. Law 18-282 amended the section to read as follows:
"Sec. 401. Meetings of Trustees.
"(a)(1) The chairperson or a majority of the members of the Trustees may convene a meeting. The Trustees shall hold meetings periodically, as scheduled by the Trustees; provided, that at least 6 meetings shall be held each year. All meetings shall be held in the District of Columbia. Except as provided in paragraph (2) of this subsection, meetings shall be noticed to the public and open to the public.
"(2) The Trustees may convene in executive session by a vote of a majority of the voting members serving to take action on matters that:
"(A) Relate to personnel or to practices of the Trustees;
"(B) Would result in the disclosure of matters specifically exempted from disclosure by statute; or
"(C) Would result in the disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
"(3) The Board shall keep the minutes of each meeting of the Board and shall make the minutes of each public meeting available to the public for inspection and distribution.
"(b) No official action may be taken at a meeting or an executive session unless a quorum is present; except, that a lesser number may hold a hearing. A majority of the voting members serving on the Board of Trustees shall constitute a quorum.".
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 (90-day) amendment of section, see § 2(b) 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(b) 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(b) of the Board of Trustees of the University of the District of Columbia Board 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 Quorum Emergency Amendment Act of 2009 (D.C. Act 18-199, October 10, 2009, 56 DCR 8135).
For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Quorum Emergency Amendment Act of 2010 (D.C. Act 18-459, July 7, 2010, 57 DCR 6056).
For temporary (90 day) amendment of section, see § 2(c) 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(c) 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
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
Law 2-132 was introduced in Council and assigned Bill No. 2-258, which was referred to the Committee on Education, Recreation and Youth Affairs. The Bill was adopted on first and second readings on July 25, 1978, and September 19, 1978, respectively. Signed by the Mayor on October 13, 1978, it was assigned Act No. 2-279 and transmitted to both Houses of Congress for its review.
For history of Law 18-286, see notes under § 38-1202.01.
The Trustees shall appoint such advisory committees as are necessary to advise on educational policy. Such advisory committees may consist of members of the Trustees, students, faculty members, parents, and governmental, educational, business, industrial, labor, and community representatives.
(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 402; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2931.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1532.
1973 Ed., § 31-1732.
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
(a) The Trustees may accept services, moneys, gifts, endowments, donations, and bequests. The Trustees may in their discretion retain or not retain such in the form in which they are made.
(b) The Trustees shall establish in 1 or more financial institutions in the District of Columbia the District of Columbia Postsecondary Education Fund. There shall be deposited in such fund all gifts and contributions in whatever form, funds in receipt of services rendered, other than tuition, and all moneys not included in the annual operating and capital and educational improvements funds appropriated by Congress. Moneys deposited therein shall be available for investment and shall be distributed in such amounts and in such manner as the Trustees may determine. The Trustees are authorized to administer such fund in whatever manner the Trustees may deem wise and prudent, provided that such administration is lawful and does not impose any fiscal burden on the District of Columbia.
(b-1) The Trustees shall establish in one or more financial institutions in the District of Columbia a District of Columbia School of Law Fund ("Fund"). There shall be deposited in the Fund all gifts and contributions in whatever form, funds received for services rendered by the School of Law, other than tuition, and all monies dedicated to the support of the School of Law not included in the annual operating and capital improvement funds appropriated for the University by Congress. Subject to the applicable laws relating to the appropriation of District funds, the Trustees are authorized to administer the Fund in whatever manner the Trustees may deem wise and prudent, provided that the administration is lawful, in accordance with the fiduciary responsibilities of the Trustees, and does not impose any financial burden on the District of Columbia.
(c) It is not the intent that any income derived as a result of such funds shall take the place of any District or federal appropriations or any part thereof but that it shall supplement such appropriations to the end that the University may improve and increase its functions, may enlarge its areas of service and may become more useful to a greater number of people. Nothing in this section shall be construed to prevent the Trustees from receiving gifts, donations, and bequests from any source and from using the same for such lawful purposes as the donor or donors designate.
(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 403; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2932; Aug. 1, 1996, D.C. Law 11-152, § 301(e), 43 DCR 2978.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1533.
1973 Ed., § 31-1733.
Emergency Act Amendments
For temporary amendment of section, see § 301(e) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(e) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).
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 11-152, see Historical and Statutory Notes following § 38-1201.03.
The Trustees shall make an annual report to the general public, Mayor, Council, and the Congress on December 31st of each year on the operation of programs and the expenditure of all funds for public postsecondary education in the District of Columbia. Such annual report shall include, but not be limited to, the source, amount, distribution and expenditure of all funds whatever the source; and general student enrollment data, including, but not limited to, race, sex, age, major area of study, previous and current residency and upon graduation or termination of study, employment placement data (consistent with existing statutes and Department of Education regulations).
(Oct. 26, 1974, 88 Stat. 1430, Pub. L. 93-471, title IV, § 404; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2933.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1534.
1973 Ed., § 31-1734.
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
Change in Government
"Department of Education," referred to in the last sentence of this section, was substituted for "Department of Health, Education and Welfare," pursuant to § 301 of the Act of October 17, 1979, 93 Stat. 677, Pub. L. 96-88.
(a) The Board of Education of the District of Columbia is authorized to 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 Board; provided, that any such action under this subsection shall be taken in accordance with the reprogramming policy and laws of the District of Columbia.
(b) Repealed.
(c) There is established, in the General Fund, an account entitled the Material Fund which shall be limited to public school use. The Board of Education is authorized to transfer its authority from the Material Fund to an internal service fund, which transferred authority if not obligated by the end of the first quarter of fiscal year 1981, or each succeeding fiscal year thereafter, shall expire.
(Oct. 26, 1974, 88 Stat. 1430, Pub. L. 93-471, title IV, § 405; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2934; Mar. 3, 1979, D.C. Law 2-139, § 3204(b), 25 DCR 5740; Aug. 22, 1980, D.C. Law 3-82, §§ 3(c), 27 DCR 2647; May 23, 1990, D.C. Law 8-131, § 2, 37 DCR 2211; June 22, 1990, D.C. Law 8-143, § 2, 37 DCR 2972; Apr. 12, 1997, D.C. Law 11-259, § 314(c), 44 DCR; Oct. 19, 2000, D.C. Law 13-172, § 706, 47 DCR 6308.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1535.
1973 Ed., § 31-1735.
Effect of Amendments
D.C. Law 13-172 deleted former subsec. (b) providing: "Except as provided in § 1-336 [§ 1-301.91, 2001 Ed.], the Office of Contracting and Procurement shall contract on behalf of the Board of Education for procurement of goods or services necessary for the performance of Board of Education functions."
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 706 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 706 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
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.
For legislative history of D.C. Law 3-82, see Historical and Statutory Notes following § 38-1202.06.
Law 8-131 was introduced in Council and assigned Bill No. 8-529. The Bill was adopted on first and second readings on February 27, 1990, and March 13, 1990, respectively. Signed by the Mayor on March 27, 1990, it was assigned Act No. 8-183 and transmitted to both Houses of Congress for its review.
Law 8-143 was introduced in Council and assigned Bill No. 8-504, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 27, 1990, and April 10, 1990, respectively. Signed by the Mayor on April 26, 1990, it was assigned Act No. 8-199 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 11-258, see Historical and Statutory Notes following § 38-1202.01.
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-175 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
Notwithstanding any other provision of law, or any rule of law, nothing in this unit shall be construed as limiting the authority of the Council to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Home Rule Act with respect to any matter covered by this unit.
(Oct. 26, 1974, 88 Stat. 1430, Pub. L. 93-471, title IV, § 406; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2934.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1536.
1973 Ed., § 31-1736.
Emergency Act Amendments
For temporary addition of section, see § 301(f) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and.
Legislative History of Laws
For legislative history of D.C. Law 1-36, see Historical and Statutory Notes following § 38-1202.01.
References in Text
"The District of Columbia Home Rule Act," referred to near the end of the section, is the Act of December 24, 1973, 87 Stat. 774, Pub. L. 93-198, which is codified at Chapter 2 of Title 1, D.C. Official Code.
(a) Within 90 days of August 1, 1996, the Trustees will consider and adopt uniform rules applicable to students of the University, including the School of Law, setting forth the requirements for preferential tuition rates for bona fide residents of the District of Columbia and requirements for recognition of changes in residency status.
(b) The Trustees shall establish the tuition rate for nonresident students at the University of the District of Columbia flagship undergraduate program, graduate program, and the Community College of the District of Columbia , at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education.
(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 407, as added Aug. 1, 1996, D.C. Law 11-152, § 301(f), 43 DCR 2978; Sept. 14, 2011, D.C. Law 19-21, § 4062, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-1537.
Effect of Amendments
D.C. Law 19-21 designate the existing text as subsec. (a); and added subsec. (b).
Emergency Act Amendments
For temporary addition of section, see § 301(f) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(f) 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.
For history of Law 19-21, see notes under § 38-271.01.
Miscellaneous Notes
Short title: Section 4061 of D.C. Law 19-21 provided that subtitle G of title IV of the act may be cited as "University of the District of Columbia Nonresident Tuition Amendment Act of 2011".
