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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 IV. Public Education--Charter Schools. |
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Chapter 18. District of Columbia School Reform (Public Charter Schools). |
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Subchapter IV. Per Capita District of Columbia Public School and Public Charter School Funding.
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(a) In general. -- For fiscal year 1997 and for each subsequent fiscal year, the Mayor shall make annual payments from the general fund of the District of Columbia in accordance with the formula established under subsection (b) of this section.
(b) Formula. --
(1) In general. -- The Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, shall establish not later than 90 days after April 26, 1996, a formula to determine the amount of:
(A) The annual payment to the Board of Education for the operating expenses of the District of Columbia public schools, which for purposes of this paragraph includes the operating expenses of the Board of Education and the Office of the Superintendent; and
(B) The annual payment to each public charter school for the operating expenses of each public charter school.
(2) Formula calculation. -- Except as provided in paragraph (3) of this subsection the amount of the annual payment under paragraph (1) of this subsection shall be calculated by multiplying a uniform dollar amount used in the formula established under such paragraph by:
(A) The number of students calculated under § 38-1804.02 that are enrolled at District of Columbia public schools, in the case of the payment under paragraph (1)(A) of this subsection; or
(B) The number of students calculated under § 38-1804.02 that are enrolled at each public charter school, in the case of a payment under paragraph (1)(B) of this subsection.
(3) Exceptions. --
(A) Formula. -- Notwithstanding paragraph (2) of this subsection, the Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, may adjust the formula to increase or decrease the amount of the annual payment to the District of Columbia public schools or each public charter school based on a calculation of:
(i) The number of students served by such schools in certain grade levels; and
(ii) The cost of educating students at such certain grade levels.
(B) Payment. -- Notwithstanding paragraph (2) of this subsection, the State Superintendent of Education, with the advice and consent of the District of Columbia Council, may adjust the amount of the annual payment under paragraph (1) of this subsection to increase the amount of such payment if a District of Columbia public school or a public charter school serves a high number of students:
(i) With special needs;
(ii) Who do not meet minimum literacy standards; or
(iii) To whom the school provides room and board in a residential setting.
(C) Adjustment for facilities costs. -- Notwithstanding paragraph (2) of this subsection, the Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, shall adjust the amount of the annual payment under paragraph (1) of this subsection to increase the amount of such payment for a public charter school to take into account leases or purchases of, or improvements to, real property, if the school, not later than April 1 of the fiscal year preceding the payment, requests such an adjustment.
(D) Notwithstanding paragraph (2) of this subsection:
(i) The Office of the State Superintendent of Education shall develop a plan to address deficiencies in the current uniform per student funding formula assumptions funding students requiring an intensive program of special education services and to support improved services and the expanded availability of appropriate programs for these students in the public schools and public charter schools, including in self-contained and non-self-contained settings.
(ii) The OSSE shall study and recommend, prior to the beginning of school year 2007-2008, alternative approaches for funding such students that support the actual costs of services required by a student's Individual Education Plan.
(iii) The OSSE may provide supplemental funding, in accordance with the plan, in addition to the uniform per pupil funding formula amount to a special education school serving students in need of an intensive program of special education services who have been diagnosed as having one or more disabling conditions for which the students' Individual Educational Plans require services in a self-contained setting during the regular school day; provided, that the amount of the total per student funding shall not exceed the negotiated rate for education and related services approved for such students by the Maryland Department of Education.
(E) Notwithstanding paragraph (2) of this subsection, for fiscal year 2011, supplemental funding in addition to the supplemental allocations authorized by § 38-2905 may be provided to local education agencies ("LEAs") for special education services, including programs that increase the capacity of the LEA to provide special education services.
(c) The requirements to meet IDEA's Maintenance of Effort Obligation and Use of Formula Special Education Payments are as follows:
(1)(A) All public schools within the District of Columbia receiving Special Education Payments and federal grant funds under the Individuals with Disabilities Education Act ("IDEA"), must expend, in total or per capita, an equal or greater amount of its non-federal, District funds on allowable special education costs each subsequent fiscal year as required by 34 CFR § 300.203 "Maintenance of effort", except as provided in 34 CFR § 300.204 "Exception to maintenance of effort", and 34 CFR § 300.205 "Adjustment to local fiscal efforts in certain fiscal years".
(B) This requirement applies to the District of Columbia Public Schools ("DCPS") and all public charter schools regardless of whether they have elected DCPS as their LEA for special education purposes.
(C) Special education attorney fee expenditures made pursuant to 34 CFR § 300.517 shall not be included in the IDEA Maintenance of Effort calculation for DCPS or public charter schools.
(D) If it is determined at any point, that DCPS or a public charter school has failed to maintain level of effort for expenditures made with non-federal, District funds for special education as defined in 34 CFR § 300. 203-205 of IDEA, the District shall withhold an amount equal to the difference from the school's next scheduled Formula base payment. In no case shall such withholding be taken from Special Education Payments made to the school in any fiscal year.
(E) If a public charter school relinquishes its charter or if a final decision is made by the eligible chartering authority to revoke the charter as described in § 38-1802.13, the public charter school shall refund to OSSE the unexpended amount of the Special Education Payment necessary to ensure compliance with 34 CFR § 300.203. In no case shall federal funds, for which accountability to the federal government is required, be used to pay this liability.
(2) Expenditure of Special Education Payments by public schools are restricted for use in accordance with allowable special education costs unless an LEA is in compliance with 34 CFR § 300.203 and has received an Annual Determination as required by 34 CFR § 300.600(a) of "Meets Requirements" for the most recent year for which this information is available.
(3) Expenditures for attorney fees related to IDEA due process hearings pursuant to 34 CFR § 300.517 may not be paid from Special Education Payments; except that such fees may be paid from funds received under the Special Education Compliance Fund. Nothing in this section shall prohibit a public school from paying for attorney fees from other non-special education portions of its Formula payments.
(4) All Special Education Payments must be expended within the fiscal year within which they were appropriated, unless the LEA is in compliance with the IDEA maintenance of effort requirements in 34 CFR § 300.203 and received an Annual Determiniation of "Meets Requirements" under 34 CFR § 300.600(a).
(5)(A) If DCPS or a public charter school does not have an Annual Determination of "Meets Requirements" and fails to expend in its entirety Special Education Payments on allowable special education costs within the fiscal year within which the funds are appropriated, the public school must reserve the full amount of unspent funds. The reserved funds shall be expended pursuant to a Corrective Action Plan approved by OSSE.
(B) If DCPS or a public charter school fails to comply with the requirements of this paragraph, the District shall withhold an amount equal to the unspent portion of such funds from the school's next scheduled Formula base payment. In no case shall such withholding be taken from Special Education Payments made to the school in any fiscal year.
(d) DCPS and public charter schools shall provide to OSSE, at least annually, a certified report of all expenditures made with Special Education Payments for each fiscal year.
(e) OSSE shall issue guidance to clarify reporting requirements for the purpose of determining whether DCPS and each public charter school have:
(1) Expended Special Education Payments on allowable special education costs as required by this section;
(2) Made expenditures for attorney fees related to IDEA due process hearings pursuant to 34 CFR § 300.517 in accordance with subsection (c)(3) of this section; and
(3) Complied with federal IDEA Maintenance of Effort requirements.
(f) The OSSE, utilizing official budget and expenditure data provided by the Office of the Chief Financial Officer, shall monitor the DCPS and public charter schools for compliance with the requirements in this section.
(g) DCPS and public charter schools shall adhere to monitoring policies issued by OSSE pursuant to this section.
(h) In the event the distribution of a Formula payment is delayed to DCPS or a public charter school, the school shall receive additional time to expend the distribution based upon the difference in the number of days between the scheduled distribution date and the actual distribution date of funds to DCPS or the public charter school.
(i) For the purposes of this section, the term:
(1) "Allowable special education costs" shall have the same meaning as provided in § 38-2901(1A).
(2) "Special Education Compliance Fund" shall have the same meaning as provided in § 38-2901(11B).
(3) "Special Education Payment" shall have the same meaning as provided in § 38-2901(11C).
(Apr. 26, 1996, 110 Stat. 1321 [256], Pub. L. 104-134, § 2401; Nov. 19, 1997, 111 Stat. 2191, Pub. L. 105-100, §§ 170, 171; Sept. 18, 2007, D.C. Law 17-20, § 4032(c), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4002, 55 DCR 7598; Apr. 8, 2011, D.C. Law 18-370, § 403(a), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4002, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2853.41.
Effect of Amendments
D.C. Law 17-20, in subsec. (b)(3), added subpar. (D).
D.C. Law 17-219, in subsec. (b)(3)(B), substituted "the State Superintendent of Education, with the advice and consent of the District of Columbia Council," for "the Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent,".
D.C. Law 18-370 added subsec. (b)(3)(E).
D.C. Law 19-21 added subsecs. (c) to (i).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4032(d) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
For temporary (90 day) amendment of section, see § 403(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
For temporary (90 day) amendment of section, see § 4002 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
Legislative History of Laws
For Law 17-219, see notes following § 38-251.
For history of Law 18-370, see notes under § 38-821.02.
For history of Law 19-21, see notes under § 38-271.01.
Resolutions
Resolution 16-864, the "St. Coletta Special Education Charter School Annual Payment Adjustment Emergency Approval Resolution of 2006", was approved effective November 14, 2006.
Resolution 17-427, the "St. Coletta Special Education Public Charter School Summer Payment Adjustment Emergency Approval Resolution of 2007", was approved effective November 6, 2007.
Resolution 17-465, the "Public Charter School Supplemental Funding for Special Needs Services Annual Payment Adjustment Emergency Approval Resolution of 2007", was approved effective December 11, 2007.
Miscellaneous Notes
Approval of a Fiscal Year 1997 Uniform Per Student Funding Formula for Public Schools Emergency Resolution of 1996: Pursuant to Resolution 11-441, effective July 3, 1996, Council approved, on an emergency basis, a uniform per student funding formula to determine the Fiscal Year 1997 annual payment to the Board of Education for public schools under its control and annual payment to public charter schools.
Short title: Section 4001 of D.C. Law 17-219 provided that subtitle A of title IV of the act may be cited as the "Supplemental Education Payments Amendment Act of 2008".
Short title: Section 4001 of D.C. Law 19-21 provided that subtitle A of title IV of the act may be cited as "Funding for Public Schools and Public Charter Schools Amendment Act of 2011".
(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.
(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".
(a) In general. --
(1) Escrow for public charter schools. -- Except as provided in subsection (b) of this section, for any fiscal year, not later than 10 days after the date of enactment of an act making appropriations for the District of Columbia for such fiscal year, the Mayor shall place in escrow an amount equal to the aggregate of the amounts determined under § 38-1804.01(b)(1)(B) for use only by District of Columbia public charter schools.
(2) Transfer of escrow funds. --
(A) Initial payment. --
(i) In General. -- Except as provided in sub-subparagraphs (ii) and (iii) of this subparagraph, no later than July 15, October 15, January 15, and April 15 of each year, the Mayor shall transfer, by electronic funds transfer, the quarterly payments for each public charter school as prescribed in § 38- 2906.02 to a bank designated by such school.
(ii) Reduction in case of a new school. -- In the case of a public charter school that has received a payment pursuant to subsection (b) of this section in the fiscal year immediately preceding the fiscal year in which a transfer pursuant to sub-subparagraph (i) of this subparagraph is made, the amounts transferred to the school under sub-subparagraph (i) of this subparagraph shall be reduced by an amount equal to 25% of the amount of the payment made pursuant to subsection (b) of this section.
(iii) Funds received from the Education Jobs Fund, established by section 101 of An Act To modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provides for modernization of the air traffic control system, reauthorizes the Federal Aviation Administration, and for other purposes, approved August 10, 2010 (Pub. L. No.111-226; 124 Stat. 2389) ("Act"), shall be disbursed to public charter schools at such times as are consistent with the requirements of the Act, its implementing regulations, and other applicable federal regulations.
(B) Repealed.
(C) Pro rata reduction or increase in payments. --
(i) Pro rata reduction. -- If the funds made available to the District of Columbia Government for the District of Columbia public school system and each public charter school for any fiscal year are insufficient to pay the full amount that such system and each public charter school is eligible to receive under this subchapter for such year, the Mayor shall ratably reduce such amounts for such year on the basis of the formula described in § 38- 1804.01(b).
(ii) Increase. -- If additional funds become available for making payments under this subchapter for such fiscal year, amounts that were reduced under subparagraph (A) of this paragraph shall be increased on the same basis as such amounts were reduced.
(D) Unexpended funds. -- Any funds that remain in the escrow account for public charter schools on September 30 of a fiscal year shall revert to the general fund of the District of Columbia.
(b) Payments to public schools and public charter schools.
(1) Establishment of fund. -- The fund previously established in the General Fund of the District of Columbia as the "Charter School Fund" shall be redesignated the Student Enrollment Fund. Amounts deposited in the Student Enrollment Fund shall be available for expenditure without further appropriation and shall remain available until expended for the purposes described in paragraph (3) of this subsection. Amounts remaining unobligated or unexpended at the end of a fiscal year shall not revert to the General Fund of the District of Columbia.
(2) Contents of fund. -- The Student Enrollment Fund shall consist of:
(A) Unexpended and unobligated amounts appropriated from local funds for public charter schools for each fiscal year that reverted to the General Fund of the District of Columbia, together with any other local funds that the Chief Financial Officer certifies are necessary to effect the purposes of the fund during the fiscal year; provided, that the amount of funds deposited shall not exceed $8 million in any fiscal year; and
(B) Any interest earned on such amounts.
(3) Purposes of fund. -- The Student Enrollment Fund shall be used to assist public schools and public charter schools in the District of Columbia by providing funding in cases where the total audited enrollment, including enrollment in special needs categories, exceeds the projected student enrollment on which the annual appropriation is based in that fiscal year.
(4) Expenditures from fund. --
(A) Expenditures from the Student Enrollment Fund for enrollment in excess of the annual public charter school projection for any public charter school operating in that fiscal year shall be authorized in cases where the total audited actual enrollment, including enrollment in special needs categories, exceeds the projected student enrollment on which the annual appropriation is based in that fiscal year.
(B) Expenditures from the Student Enrollment Fund for enrollment in excess of annual public school projections shall be authorized in cases where the total audited actual enrollment exceeds that of the student enrollment on which the annual appropriation is based in that fiscal year.
(5) Form of payment. -- Payments under this subsection shall be made by electronic funds transfer from the Student Enrollment Fund to a bank designated by a public charter school.
(6) Authorization of appropriations. -- There are authorized to be appropriated to the Chief Financial Officer such sums as may be necessary to effect the purposes of this subsection for each fiscal year.
(c) Assignment of payments. -- A public charter school may assign any payments made to the school under this section to a financial institution for use as collateral to secure a loan or for the repayment of a loan.
(Apr. 26, 1996, 110 Stat. 1321 [259], Pub. L. 104-134, § 2403; Nov. 19, 1997, 111 Stat. 2191, Pub. L. 105-100, § 172; Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 120(d); Feb. 20, 2003, 117 Stat. 132, Pub. L. 108-7, Div. C, title III, § 146(a); Oct. 18, 2004, 118 Stat. 1347, Pub. L. 108-335, § 335(a), (b); Apr. 13, 2005, D.C. Law 15-348, § 102(c)(1), 52 DCR 1991; Mar. 2, 2007, D.C. Law 16-191, § 59, 53 DCR 6794; Sept. 18, 2007, D.C. Law 17-20, § 4032(d), 54 DCR 7052; Apr. 8, 2011, D.C. Law 18-370, § 403(b), 58 DCR 1008.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2853.43.
Effect of Amendments
Section 120 (d) of Public Law 106-522 added subsec. (c) providing for assignment of payments.
Section 146(a) of Public Law 108-7 rewrote subsec. (b) which had read as follows:
"(b) Payments to New Schools.--
"(1) Establishment of fund. -- There is established in the general fund of the District of Columbia a fund to be known as the 'New Charter School Fund'.
"(2) Contents of fund. -- The New Charter School Fund shall consist of:
"(A) Unexpended and unobligated amounts appropriated from local funds for public charter schools for fiscal year 1997 and subsequent fiscal years that reverted to the general fund of the District of Columbia;
"(B) Amounts credited to the fund in accordance with this subsection upon the receipt by a public charter school described in paragraph (5) of this subsection of its first initial payment under subsection (a)(2)(A) of this section or its first final payment under subsection (a)(2)(B) of this section; and
"(C) Any interest earned on such amounts.
"(3) Expenditures from fund.--
"(A) In general. -- Not later than June 1, 1998, and not later than June 1 of each year thereafter, the Chief Financial Officer of the District of Columbia shall pay, from the New Charter School Fund, to each public charter school described in paragraph (5) of this subsection, an amount equal to 25% of the amount yielded by multiplying the uniform dollar amount used in the formula established under §38-1804.01(b) by the total anticipated enrollment as set forth in the petition to establish the public charter school.
"(B) Pro rata reduction. -- If the amounts in the New Charter School Fund for any year are insufficient to pay the full amount that each public charter school described in paragraph (5) of this subsection is eligible to receive under this subsection for such year, the Chief Financial Officer of the District of Columbia shall ratably reduce such amounts for such year on the basis of the formula described in § 38-1804.01(b).
"(C) Form of payment. -- Payments under this subsection shall be made by electronic funds transfer from the New Charter School Fund to a bank designated by a public charter school.
"(4) Credits to fund. -- Upon the receipt by a public charter school described in paragraph (5) of this subsection of:
"(A) Its first initial payment under subsection (a)(2)(A) of this section, the Chief Financial Officer of the District of Columbia shall credit the New Charter School Fund with 75% of the amount paid to the school under paragraph (3) of this subsection; and
"(B) Its first final payment under subsection (a)(2)(B) of this section, the Chief Financial Officer of the District of Columbia shall credit the New Charter School Fund with 25% of the amount paid to the school under paragraph (3) of this subsection.
"(5) Schools described. -- A public charter school described in this paragraph is a public charter school that:
"(A) Did not enroll any students during any portion of the fiscal year preceding the most recent fiscal year for which funds are appropriated to carry out this subsection; and
"(B) Operated as a public charter school during the most recent fiscal year for which funds are appropriated to carry out this subsection.
"(6) Authorization of appropriations. -- There are authorized to be appropriated to the Chief Financial Officer of the District of Columbia such sums as may be necessary to carry out this subsection for each fiscal year."
Pub. L. 108-335, in subsec. (b)(1), added at the end "Amounts in the Charter School Fund shall remain available until expended, and any amounts in the Fund remaining unobligated or unexpended at the end of a fiscal year shall not revert to the General Fund of the District of Columbia."; and in subsec. (b)(2)(A), inserted after "District of Columbia", "together with any other local funds that the Chief Financial Officer of the District of Columbia certifies are necessary to carry out the purposes of the Fund during the fiscal year,".
D.C. Law 15-348, in subsec. (a)(2), rewrote subpar. (A) and repealed subpar. (B). Prior to amendment, subpar. (A) of subsec. (a)(2) read as follows:
"(A) Initial payment. --
"(i) In general. -- Except as provided in sub-subparagraph (ii) of this subparagraph, not later than October 15, 1996, and not later than October 15 of each year thereafter, the Mayor shall transfer, by electronic funds transfer, an amount equal to 75% of the amount of the annual payment for each public charter school determined by using the formula established pursuant to § 38- 1804.01(b) to a bank designated by such school.
"(ii) Reduction in case of new school. -- In the case of a public charter school that has received a payment under subsection (b) of this section in the fiscal year immediately preceding the fiscal year in which a transfer under sub-subparagraph (i) of this subparagraph is made, the amount transferred to the school under sub-subparagraph (i) of this subparagraph shall be reduced by an amount equal to 75% of the amount of the payment under subsection (b).
"(B) Final payment. --
"(i) In general. -- Except as provided in sub-subparagraphs (ii) and (iii) of this subparagraph, not later than May 1, 1997, and not later than May 1 of each year thereafter, the Mayor shall transfer the remainder of the annual payment for a public charter school in the same manner as the initial payment was made under subparagraph (A) of this paragraph.
"(ii) Adjustment for enrollment. -- Not later than March 15, 1997, and not later than March 15 of each year thereafter, if the enrollment number of a public charter school has changed from the number reported to the Mayor and the Board of Education, as required under § 38-1804.02(a), the Mayor shall increase the payment in an amount equal to 50% of the amount provided for each student who has enrolled in such school in excess of such enrollment number, or shall reduce the payment in an amount equal to 50% of the amount provided for each student who has withdrawn or dropped out of such school below such enrollment number.
"(iii) Reduction in case of new school. -- In the case of a public charter school that has received a payment under subsection (b) of this section in the fiscal year immediately preceding the fiscal year in which a transfer under sub-subparagraph (i) of this subparagraph is made, the amount transferred to the school under sub-subparagraph (i) of this subparagraph shall be reduced by an amount equal to 25% of the amount of the payment under subsection (b) of this section."
D.C. Law 16-191 repealed D.C. Law 15-348, § 102(c)(2), which resulted in no change in text.
D.C. Law 17-20 rewrote subsec. (b) which had read as follows:
"(b) Payment to charter schools from Charter School Fund.--
"(1) Establishment of fund. -- The 'New Charter School Fund', as established in the general fund of the District of Columbia prior to February 20, 2003, shall be redesignated as the 'Charter School Fund'. Amounts in the Charter School Fund shall remain available until expended, and any amounts in the Fund remaining unobligated or unexpended at the end of a fiscal year shall not revert to the General Fund of the District of Columbia.
"(2) Contents of fund. -- The Charter School Fund shall consist of the following amounts:
"(A) Unexpended and unobligated amounts appropriated from local funds for public charter schools for any fiscal year that reverted to the general fund of the District of Columbia, together with any other local funds that the Chief Financial Officer of the District of Columbia certifies are necessary to carry out the purposes of the Fund during the fiscal year, but only to the extent that the balance of the Charter School Fund for the fiscal year involved is less than:
"(i) $10,000,000, in the case of fiscal year 2002; or
"(ii) $5,000,000, in the case of fiscal year 2003 and each succeeding fiscal year.
"(B) Any interest earned on such amounts.
"(3) Expenditures from fund. -- Amounts in the Charter School Fund shall be used to make payments during a fiscal year to any public charter school operating in the District of Columbia during the fiscal year whose total audited enrollment (including enrollment in special needs categories) exceeds the student enrollment which served as the basis for determining the school's annual payment under this chapter for the year.
"(4) Form of payment. -- Payments under this subsection shall be made by electronic funds transfer from the Charter School Fund to a bank designated by a public charter school.
"(5) Authorization of appropriations. -- There are authorized to be appropriated to the Chief Financial Officer of the District of Columbia such sums as may be necessary to carry out this subsection for each fiscal year."
D.C. Law 18-370, in subsec. (a)(2)(A), substituted "sub-subparagraphs (ii) and (iii)" for "sub-subparagraph (ii)" in sub-subparagraph (i), and added sub-subparagraph (iii).
Temporary Amendments of Section
Section 3(c) of D.C. Laws 13-427 added subsec. (c) to provide:
"(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 13-427 provides that the act shall expire after 225 days of its having taken effect.
Section 3(c)(1)(A), 3(c)(2)(A), and 3(c)(2)(B) of D.C. Law 14-38 rewrote subpars. (a)(2)(A)(i) and (ii), par. (b)(4) and subpar. (b)(5)(B) to read as follows respectively:
"(i) In General.--Except as provided in sub-subparagraph (ii) of this subparagraph, no later than July 15, October 15, January 15, and April 15 of each year, the Mayor shall transfer, by electronic funds transfer, the quarterly payments for each public charter school as prescribed in section 107a of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2906(a)), to a bank designated by such school.
"(ii) Reduction in case of a new school.--In the case of a public charter school that has received a payment pursuant to subsection (b) of this section in the fiscal year immediately preceding the fiscal year in which a transfer pursuant to sub-subparagraph (i) of this subparagraph is made, the amounts transferred to the school under sub-subparagraph (i) of this paragraph shall be reduced by an amount equal to 25% of the amount of the payment pursuant to subsection (b) of this section.".
"(4) Credits to fund.--Upon the receipt of each of its payments pursuant to subsection (a)(2)(A) of this section by a public charter school described in paragraph (5) of this subsection, the Chief Financial Officer of the District of Columbia shall credit the New Charter School Fund with 25 % of the amount paid to the school pursuant to paragraph (3) of this subsection.".
"(B) Has had its petition to establish a public charter school approved pursuant to section 2203 of this Act and is scheduled to begin operation as a public charter school in the fiscal year for which funds are appropriated to carry out the provisions of this subsection.".
Section 3(c)(3)of D.C. Law 14-38 added a new subsec. (c) to read as follows:
"(c) Additional payment to New Schools. --Until the first day of the fiscal year shall be changed to July 1, the amount of payment to a public charter school described in subsection (b)(5)(B) of this section, shall be increased by 1/12 of the total dollar amount to which the public charter school is entitled for the fiscal year based on its unaudited October 5 enrollment.".
Section 3(c)(1)(B) of D.C. Law 14-38 repealed par. (a)(2)(B).
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(c) of D.C. Law 15-67, in subsec. (a)(2), rewrote subpar. (A), and repealed subpar. (B); in subsec. (b), rewrote pars. (4) and (5)(B); and added subsec. (d). Subpar. (A) of subsec. (a)(2), pars. (4) and (5)(B) of subsec. (b), and subsec. (d) read as follows:
"(A) Initial payment. --
"(i) In General. --Except as provided in sub-subparagraph (ii) of this subparagraph, no later than July 15, October 15, January 15, and April 15 of each year, the Mayor shall transfer, by electronic funds transfer, the quarterly payments for each public charter school as prescribed in section 107a of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, passed by the Council on an emergency basis on September 16, 2003 (Enrolled version of Bill 15-431), to a bank designated by such school.
"(ii) Reduction in case of a new school. --In the case of a public charter school that has received a payment pursuant to subsection (b) of this section in the fiscal year immediately preceding the fiscal year in which a transfer pursuant to sub-subparagraph (i) of this subparagraph is made, the amounts transferred to the school under sub-subparagraph (i) of this subparagraph shall be reduced by an amount equal to 25% of the amount of the payment made pursuant to subsection (b) of this section."
"(4) Credits to fund. --Upon the receipt of each of its payments pursuant to subsection (a)(2)(A) of this section by a public charter school described in paragraph (5) of this subsection, the Chief Financial Officer of the District of Columbia shall credit the New Charter School Fund with 25% of the amount paid to the school pursuant to paragraph (3) of this subsection."
"(B) Has had its petition to establish a public charter school approved pursuant to section 2203 and is scheduled to begin operation as a public charter school in the fiscal year for which funds are appropriated to carry out the provisions of this subsection."
"(d) Additional payment to new schools. --Until section 441 of the District of Columbia Home Rule Act is amended to establish the first day of the fiscal year for D.C. Public Schools and Public Charter Schools as July 1, the amount of payment to a public charter school described in subsection (b)(5)(B) of this section, shall be increased by 1/12 of the total dollar amount to which the public charter school is entitled for the fiscal year based on its unaudited October 5 enrollment."
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) amendment of section, see § 3(c) of the Public School Enrollment Integrity Emergency Amendment Act of 2000 (D.C. Act 13-409, August 14, 2000, 47 DCR 7264).
For temporary (90 day) amendment of section, see § 3(c) 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(c) 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(c) 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(c) 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(c) 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(c) 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 § 4032(e) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
For temporary (90 day) amendment of section, see § 403(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
Legislative History of Laws
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 16-191, see notes following § 38-1202.01.
For Law 17-20, see notes following § 38-451.
For history of Law 18-370, see notes under § 38-821.02.
Editor's Notes
Section 102(c)(2) of D.C. Law 15-348 purported to amend this section. Those amendments were not given effect due to the prior amendments by Pub. L. 108-7.
Miscellaneous Notes
Section 146(b) of Pub. L. 108-7 provides:
"(b) Notwithstanding any other provision of law, $5,000,000 from the Charter School Fund established pursuant to section 2403(b) of the District of Columbia School Reform Act of 1995 (D.C. Official Code, sec. 38-1804.03(b)), as amended by subsection (a), shall be deposited not later than 15 days after the date of the enactment of this Act into the credit enhancement revolving fund established pursuant to section 603(e) of the Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C. 1155(e))."
Section 335(c) of Pub. L. 108-335 provided that the amendments made by this section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
Section 827 of Pub. L. 110-161, Dec. 26, 2007, 121 Stat. 2042, provides:
"In fiscal year 2008 and thereafter, amounts deposited in the Student Enrollment Fund shall be available for expenditure upon deposit and shall remain available until expended consistent with the terms detailed in 'The Student Funding Formula Assessment, Educational Data Warehouse, and Enrollment Fund Establishment Amendment Act of 2007' (title IV-D of D.C. Law L17-0020) and the entire provisions of that Act are incorporated herein by reference."
