District of Columbia Official Code 2001 Edition.

Division VI. Education, Libraries, and Cultural Institutions.

Title 38. Educational Institutions.

Subtitle IV. Public Education--Charter Schools.

Chapter 18. District of Columbia School Reform (Public Charter Schools).

Subchapter IV. Per Capita District of Columbia Public School and Public Charter School Funding.

§ 38-1804.02. Calculation of number of students.

Current through October 23, 2012

(a) Quarterly reporting requirement. -- On June 30, October 15, December 15, and March 30 of each year the District of Columbia public schools and each eligible chartering authority shall submit a report to the the Mayor and the Council containing the information described in subsection (b) of this section that is applicable to the schools under their respective authorities.

(b) Calculation of number of students. -- Not later than 30 days after April 26, 1996, and not later than October 15 of each year thereafter, the Office of the State Superintendent of Education shall calculate the following:

(1) The number of students, including nonresident students and students with special needs, enrolled in each grade from kindergarten through grade 12 of the District of Columbia public schools and in public charter schools, and the number of students whose tuition for enrollment in other schools is paid for with funds available to the District of Columbia public schools;

(2) The amount of fees and tuition assessed and collected from the nonresident students described in paragraph (1) of this subsection;

(3) The number of students, including nonresident students, enrolled in preschool and prekindergarten in the District of Columbia public schools and in public charter schools;

(4) The amount of fees and tuition assessed and collected from the nonresident students described in paragraph (3) of this subsection;

(5) The number of full time equivalent adult students enrolled in adult, community, continuing, and vocational education programs in the District of Columbia public schools and in public charter schools;

(6) The amount of fees and tuition assessed and collected from resident and nonresident adult students described in paragraph (5) of this subsection;

(7) The number of students, including nonresident students, enrolled in nongrade level programs in District of Columbia public schools and in public charter schools;

(8) The amount of fees and tuition assessed and collected from nonresident students described in paragraph (7) of this subsection; and

(9) The number of enrolled students who have dropped out since the date of the previous report.

(c) Annual reports. -- Not later than October 30 of each year the Mayor shall prepare and submit to the Authority (during a control year), the Council, the Comptroller General of the United States, and the appropriate congressional committees a report containing a summary of the calculations made pursuant to subsection (b) of this subsection, including the 4 immediately prior reporting periods specified in subsection (a) of this section.

(d) Audit of initial calculations. --

(1) In general. -- The Office of the State Superintendent of Education shall provide for the conduct of an independent audit of the initial calculations described in subsection (b) of this subsection.

(2) Conduct of audit. -- In conducting the audit, the independent auditor:

(A) Shall provide an opinion as to the accuracy of the information contained in the report described in subsection (c) of this subsection; and

(B) Shall identify any material weaknesses in the systems, procedures, or methodology used by the Office of the State Superintendent of Education:

(i) In determining the number of students, including nonresident students, enrolled in the District of Columbia public schools and in public charter schools, and the number of students whose tuition for enrollment in other school systems is paid for by funds available to the District of Columbia public schools; and

(ii) In assessing and collecting fees and tuition from nonresident students.

(3) Submission of audit. -- Not later than 60 days after the date on which the Council receives the initial annual report from the Office of the State Superintendent of Education required under subsection (c) of this subsection, the Office of the State Superintendent of Education shall submit to the Mayor, the Council, and the appropriate congressional committees, the audit conducted pursuant to this subsection.

(4) Cost of the audit. -- The Office of the State Superintendent of Education shall fund the independent audit solely from amounts appropriated to the Office of the State Superintendent of Education for staff, stipends, and non-personal services of the Office of the State Superintendent of Education by an act making appropriations for the District of Columbia.

                
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(Apr. 26, 1996, 110 Stat. 1321 [257], Pub. L. 104-134, § 2402; Oct. 21, 2000, D.C. Law 13-176, § 8(c), 47 DCR 6835; Apr. 13, 2005, D.C. Law 15-348, § 102(b), 52 DCR 1991; Sept. 24, 2010, D.C. Law 18-223, § 4092, 57 DCR 6242.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 31-2853.42.

Effect of Amendments

D.C. Law 13-176 provided for substitution of reference to state education office for board of education where appearing.

D.C. Law 15-348 rewrote subsecs. (a) and (c) which had read as follows:

"(1) In general. -- Not later than September 15, 1996, and not later than September 15 of each year thereafter, each District of Columbia public school and public charter school shall submit a report to the Mayor and the State Education Office containing the information described in subsection (b) of this section that is applicable to such school.

"(2) Special rule. -- Not later than April 1, 1997, and not later than April 1 of each year thereafter, each public charter school shall submit a report in the same form and manner as described in paragraph (1) of this subsection to ensure accurate payment under § 38-1804.03(a)(2)(B)(ii)."

"(c) Annual reports. -- Not later than 30 days after April 26, 1996, and not later than October 15 of each year thereafter, the State Education Office shall prepare and submit to the Authority, the Mayor, the District of Columbia Council, the Consensus Commission, the Comptroller General of the United States, and the appropriate congressional committees a report containing a summary of the most recent calculations made under subsection (b) of this subsection."

D.C. Law 18-223, in subsec. (a), substituted "the Mayor and the Council containing" for "Mayor containing" and substituted "authorities" for "authorities; provided, that in the case of the June 30 report, the information submitted by each eligible chartering authority shall be in the form of estimates of the number of students who will fall into each category on the following October 5"; in subsec. (b), substituted "Office of the State Superintendent of Education" for "State Education Office" in the lead-in language, deleted "and" from the end of par. (7); substituted "; and" for a period at the end of par. (8), and added par. (9); and, in subsec. (d), substituted "Office of the State Superintendent of Education shall" for "State Education Office shall arrange with the Authority to" in par. (1), substituted "Office of the State Superintendent of Education" for "State Education Office" in par. (2)(B), and rewrote pars. (3) and (4) of subsec. (d), which had read as follows:

"(3) Submission of audit. -- Not later than 45 days, or as soon thereafter as is practicable, after the date on which the Authority receives the initial annual report from the State Education Office under subsection (c) of this subsection, the Authority shall submit to the State Education Office, the Mayor, the District of Columbia Council, and the appropriate congressional committees, the audit conducted under this subsection.

"(4) Cost of the audit. -- The State Education Office shall reimburse the Authority for the cost of the independent audit, solely from amounts appropriated to the State Education Office for staff, stipends, and other-than-personal-services of the State Education Office by an act making appropriations for the District of Columbia."

Temporary Amendments of Section

Section 3(b) of D.C. Laws 13-427 rewrote subsecs. (a) and (c); in subsec. (b) substituted "The reports described in subsection (a) of this section shall contain the following information:" for "Calculation of the number of students not later than 30 days after April 26, 1996, and not later than October 15, of each years thereafter, the Board shall calculate the following:"; and repealed subsec. (d). Subsecs (a) and (c), as amended, provide:

"(a) Quarterly reporting requirement.--On June 30, October 15, December 15, and March 30 of each year the District of Columbia public schools and each eligible chartering authority shall submit a report to the Mayor containing the information described in subsection (b) of this section that is applicable to their schools; provided, however, that in the case of the June 30 report the information submitted by each eligible chartering authority shall be in the form of estimates of the number of students who will fall into each category on the following October 5.".

"(c) Annual reports.--Not later than October 30 of each year the Mayor shall prepare and submit to the Authority, the Council, the Comptroller General of the United States, and the appropriate congressional committees a report containing a summary of the calculations made pursuant to subsection (b) of this subsection, including the four immediately prior reporting periods specified in subsection (a) of this section.".

Section 6(b) of D.C. Laws 13-199 provides that the act shall expire after 225 days of its having taken effect.

Section 3(b)(1) of D.C. Law 14-38 amended subsec. (a) to read as follows:

"(a) Quarterly reporting requirement. --On June 30, October 15, December 15, and March 30 of each year the District of Columbia public schools and each eligible chartering authority shall submit a report to the Mayor containing the information described in subsection (b) of this section that is applicable to their schools; provided, however, that in the case of the June 30 report the information submitted by each eligible chartering authority shall be in the form of estimates of the number of students who will fall into each category on the following October 5.".

Section 3(b)(2) of D.C. Law 14-38 amended subsec. (b) by striking the phrase following "Calculation of the number of students not later than 30 days after April 26, 1996, and not later than October 15, of each years thereafter, the Board shall calculate the following:" and inserting the phrase "The reports described in subsection (a) of this section shall contain the following information:" in its place.

Section 3(b)(3) of D.C. Law 14-38 amended subsec. (c) to read as follows:

"(c) Annual reports. --Not later than October 30 of each year the Mayor shall prepare and submit to the Authority, the Council, the Comptroller General of the United States, and the appropriate congressional committees a report containing a summary of the calculations made pursuant to subsection (b) of this subsection, including the four immediately prior reporting periods specified in subsection (a) of this section.".

Section 3(b)(4) of D.C. Law 14-38 repealed subsec. (d).

Section 6(b) of D.C. Law 14-38 provides that the act shall expire after 225 days of its having taken effect.

Section 3(b) of D.C. Law 15-67 rewrote subsecs. (a) and (c); in subsec. (b), substituted "Information required. --The reports described in subsection (a) of this section shall contain the following information:" for "Calculation of the number of students. --Not later than 30 days after April 26, 1996, and not later than October 15, of each year thereafter, the State Education Office shall calculate the following:"; and repealed subsec. (d). Subsecs. (a) and (c) read as follows:

"(a) Quarterly reporting requirement. --On June 30, October 15, December 15, and March 30 of each year the District of Columbia public schools and each eligible chartering authority shall submit a report to the Mayor containing the information described in subsection (b) of this section that is applicable to their schools; provided, however, that in the case of the June 30 report, the information submitted by each eligible chartering authority shall be in the form of estimates of the number of students who will fall into each category on the following October 5."

"(c) Annual reports. --Not later than October 30 of each year the Mayor shall prepare and submit to the Authority (during a control year), the Council, the Comptroller General of the United States, and the appropriate congressional committees a report containing a summary of the calculations made pursuant to subsection (b) of this subsection, including the four immediately prior reporting periods specified in subsection (a) of this section."

Section 6(b) of D.C. Law 15-67 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90-day) provisions governing the hiring of an independent contractor to perform a census of enrolled students and employees in public schools, see § 402 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90 day) amendment of section, see § 3(b) of the Public School Enrollment Integrity Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-453, November 7, 2000, 47 DCR 9406).

For temporary (90 day) amendment of section, see § 3(b) of Public School Enrollment Integrity Emergency Amendment Act of 2001 (D.C. Act 14-86, July 9, 2001, 48 DCR 6373).

For temporary (90 day) amendment of section, see § 3(b) of Public School Enrollment Integrity Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-192, November 29, 2001, 48 DCR 11239).

For temporary (90 day) amendment of section, see § 3(b) of Public School Enrollment Integrity Clarification Emergency Amendment Act of 2003 (D.C. Act 15-174, October 6, 2003, 50 DCR 9181).

For temporary (90 day) amendment of section, see § 3(b) of Public School Enrollment Integrity Clarification Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-282, December 18, 2003, 51 DCR 191).

For temporary (90 day) amendment of section, see § 3(b) of Public School Enrollment Integrity Clarification Emergency Amendment Act of 2004 (D.C. Act 15-519, August 2, 2004, 51 DCR 8995).

For temporary (90 day) amendment of section, see § 4092 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Legislative History of Laws

For D.C. Law 13-176, see notes following § 38-302.

For Law 14-38, see notes following § 38-1800.02.

For Law 15-67, see notes following § 38-1800.02.

For Law 15-348, see notes following § 38-1800.02.

For Law 18-223, see notes following § 38-103.

Miscellaneous Notes

Short title: Section 4091 of D.C. Law 18-223 provided that subtitle J of title IV of the act may be cited as the "Per Capita District of Columbia Public School and Public Charter School Funding Amendment Act of 2010".