Subchapter III. Miscellaneous Provisions.


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  • The Board of Education shall have power to make all necessary rules and regulations for the organization and government of the normal schools, to prescribe the course of study to be pursued therein, and to fix terms for the admission and graduation of pupils; provided, that the Board of Education is hereby authorized, under appropriations hereafter to be made, to expand the 2 existing normal schools into teachers' colleges, and at the end of the 4th year thereof to award appropriate degrees.

    (June 23, 1873, p. 50, ch. 8, § 3; Feb. 25, 1929, 45 Stat. 1276, ch. 314, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-117.

    1973 Ed., § 31-118.

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  • The Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe.

    (July 10, 1972, 86 Stat. 441, Pub. L. 92-342, § 101; Aug. 5, 1977, 91 Stat. 671, Pub. L. 95-94, title I.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-118.

    1973 Ed., § 31-121.

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  • (a) The Board of Education and the Mayor of the District of Columbia shall jointly develop procedures to assure the maximum coordination of educational and other municipal programs and services in achieving the most effective educational system and utilization of educational facilities and services to serve broad community needs. Such procedures shall cover such matters as:

    (1) Design and construction of educational facilities to accommodate civic and community activities such as recreation, adult and vocational education and training, and other community purposes;

    (2) Full utilization of educational facilities during nonschool hours for community purposes;

    (3) Utilization of municipal services, such as police, sanitation, recreational, and maintenance services to enhance the effectiveness and stature of the school in the community;

    (4) Arrangements for cost-sharing and reimbursements on school and community programs involving utilization of educational facilities and services; and

    (5) Other matters of mutual interest and concern.

    (b) The Board of Education may invite the Mayor of the District of Columbia or his designee to attend and participate in meetings of the Board on matters pertaining to coordination of educational and other municipal programs and services and on such other matters as may be of mutual interest.

    (Apr. 22, 1968, 82 Stat. 107, Pub. L. 90-292, § 5.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-106.

    1973 Ed., § 31-104b.

    Change in Government

    This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

    Miscellaneous Notes

    Establishment of District of Columbia Advisory Committee on Education: See Mayor's Order 89-256, November 7, 1989.

    Establishment--D.C. State Advisory Council on Adult Education participatory planning committee: See Mayor's Order 90-179, November 29, 1990.

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  • (Sept. 30, 1994, 108 Stat. 2594, Pub. L. 103-334, § 143; Apr. 9, 1997, D.C. Law 11-255, § 32, 44 DCR 1271; July 18, 2000, D.C. Law 13-149, § 4, 47 DCR 4639; June 12, 2007, D.C. Law 17-9, § 1005, 54 DCR 4102; Mar. 25, 2009, D.C. Law 17-353, § 203(e), 56 DCR 1117; Sept. 24, 2010, D.C. Law 18- 223, § 4035, 57 DCR 6242.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-104.2.

    Emergency Act Amendments

    For temporary (90 day) repeal of section, see § 4035 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

    Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.

    For D.C. Law 13-149, see notes following § 38-101.

    For Law 17-9, see notes under § 38-103.

    For Law 17-353, see notes following § 38-102.

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

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  • The Mayor is hereby authorized to adopt, alter and use a seal which shall be judicially noticed, and to prescribe rules and regulations as may be deemed necessary to implement this section.

    (Aug. 2, 1978, D.C. Law 2-96, § 2, 25 DCR 1272; June 12, 2007, D.C. Law 17-9, § 1006, 54 DCR 4102.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-119.

    1973 Ed., § 31-122.

    Effect of Amendments

    D.C. Law 17-9 substituted "The Mayor" for "The Board of Education of the District of Columbia".

    Legislative History of Laws

    Law 2-96 was introduced in Council and assigned Bill No. 2-111, which was referred to the Committee on Education, Recreation and Youth Affairs. The Bill was adopted on first and second readings on April 18, 1978, and May 2, 1978, respectively. Signed by the Mayor on May 26, 1978, it was assigned Act No. 2- 200 and transmitted to both Houses of Congress for its review.

    For Law 17-9, see notes under § 38-103.

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  • The Mayor, with the consent of the Council by resolution, shall have the power to raze structures. The razing of any building, structure, or part of any building or structure that is on the National Register of Historic Places, the District of Columbia inventory of historic sites, or for which application for one of these listings is pending, shall not be approved.

    (June 20, 1906, ch. 3446, § 14, as added Sept. 11, 1990, D.C. Law 8-158, § 3, 37 DCR 4167; Apr. 12, 1997, D.C. Law 11-259, § 311, 44 DCR 1423; Oct. 19, 2000, D.C. Law 13-172, § 703, 47 DCR 6308; June 12, 2007, D.C. Law 17-9, § 1003(e), 54 DCR 4102.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-120.

    Effect of Amendments

    D.C. Law 13-172 deleted the concluding sentence providing: "Any contract services required to carry out this purpose shall be procured through the Office of Contracting and Procurement."

    D.C. Law 17-9 substituted "The Mayor, with the consent of the Council by resolution," for "The Board of Education, upon the approval of the Mayor, and with the consent of the Council by resolution,".

    Emergency Act Amendments

    For temporary (90-day) authorization to fix and regulate salaries of teachers and other employees, see § 703 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 § 703 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

    Law 8-158 was introduced in Council and assigned Bill No. 8-383, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 15, 1990, and May 29, 1990, respectively. Signed by the Mayor on June 18, 1990, it was assigned Act No. 8-220 and transmitted to both Houses of Congress for its review.

    Law 11-259, the "Procurement Reform Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-705, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on January 3, 1997, it was assigned Act No. 11-526 and transmitted to both Houses of Congress for its review. D.C. Law 11-259 became effective on April 9, 1997.

    Law 13-172, 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.

    For Law 17-9, see notes under § 38-103.

    Miscellaneous Notes

    Authorization to charge fees for educational courses: For temporary authorization of the District of Columbia Board of Education to charge fees for select adult, community, and continuing education courses, see §§ 2-5 of the District of Columbia Board of Education Fees for Select Adult, Community, and Continuing Education Courses Emergency Act of 1994 (D.C. Act 10-299, July 25, 1994, 41 DCR 5186).

    Sections 2 - 5 of D.C. Law 10-192 provided for the temporary authorization of the District of Columbia Board of Education to charge fees for select adult, community, and continuing education courses. Section 6(b) of D.C. Law 10-192 provided that the act shall expire on the 225th day of its having taken effect or upon the effective date of the District of Columbia Board of Education Fees for Select Adult, Community, and Continuing Education Courses Act of 1994, whichever occurs first.

    Compilation of inventories: For temporary provisions directing the Board of Education to compile each year accurate and verifiable inventories of both positions and employees, see § 701 of the Second Omnibus Budget Support Emergency Act of 1994 (D.C. Act 10-226, April 14, 1994, 41 DCR 2113).

    Compilation of inventories: For provisions directing the Board of Education to compile each year accurate and verifiable inventories of both positions and employees, see § 701 of D.C. Law 10-128.

    Demolition and development of the Oyster School building: Section 6(a) of D.C. Law 12-174 authorized the Board of Education, upon the approval of the Mayor, to raze the existing Oyster School building, following execution of the Development Agreement defined in § 2(7) of D.C. Law 12-174, notwithstanding the provisions of this section.

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  • (a) Notwithstanding any other law, rule, or regulation, the District of Columbia Public Schools shall contract out, beginning in School Year 1995-96 and Fiscal Year 1996, all food services operations and security services for the D.C. Public Schools unless the Chancellor determines that it is not feasible.

    (b) Notwithstanding an y other law, rule, or regulation, the District of Columbia Public Schools shall contract out for no more than a 3-year perio d, beginning in School Year 1995-96 and Fiscal Year 1996, the development of new management and data systems, as well as training of currently employed personnel to use and manage these systems, in the areas of budget, fina nce, personnel/human resources, management information services, procurement, and supply management.

    (March 5, 1996, D.C. Law 11-98, § 1203, 43 DCR 5; June 12, 2007, D.C. Law 17-9, § 1007, 54 DCR 4102.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-121.

    Effect of Amendments

    D.C. Law 17-9 substituted "District of Columbia Public Schools" for "District of Columbia Board of Education" and "Chancellor" for "Superintendent".

    Legislative History of Laws

    Law 11-78, the "Budget Support Temporary Act of 1995," was introduced in Council and assigned Bill No. 11-421. The Bill was adopted on first and second readings on July 29, 1995, and October 10, 1995, respectively. Signed by the Mayor on October 31, 1995, it was assigned Act No. 11-150 and transmitted to both Houses of Congress for its review. D.C. Law 11-78 became effective on January 26, 1996.

    Law 11-98, the "Budget Support Act of 1995," was introduced in Council and assigned Bill No. 11-440, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1995, and December 5, 1995, respectively. Signed by the Mayor on December 26, 1995, it was assigned Act No. 11-181 and transmitted to both Houses of Congress for its review. D.C. Law 11-98 became effective on March 5, 1996.

    For Law 17-9, see notes under § 38-103.

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  • Pursuant to section 101(1)(c) and (d) of the Reserve Officers' Training Corps Vitalization Act of 1964, approved October 13, 1964 (78 Stat. 1063; 10 U.S.C. 2031(c) and (d)), the Board of Education, beginning in the 1995-96 School Year, shall request and ensure that active duty officers and noncommissioned officers of the U.S. Armed Forces be detailed as administrators and instructors to the District of Columbia Public Schools' Junior Reserve Officers' Training Corps program.

    (March 5, 1996, D.C. Law 11-98, § 1204, 43 DCR 5.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-122.

    Emergency Act Amendments

    For temporary addition of section, see § 1405 of the Budget Support Emergency Act of 1995 (D.C. Act 11-137, August 14, 1995, 42 DCR 4706) § 1405 of the Budget Support Legislative Review Emergency Act of 1995 (D.C. Act 11-154, November 9, 1995, 42 DCR 6569), and § 1204 of the Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-206, February 9, 1996, 43 DCR 777).

    Legislative History of Laws

    For legislative history of D.C. Law 11-78, see Historical and Statutory Notes following § 38-157.

    For legislative history of D.C. Law 11-98, see Historical and Statutory Notes following § 38-157.

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  • (a) The State Education Office and the District of Columbia Public Schools shall hire an independent contractor to perform a census of the enrolled students in the D.C. Public Schools as well as the school employees, their job classifications, and duties.

    (b) The independent contractor shall count the number of students enrolled in the District of Columbia Public Schools. The count shall include the information specified in § 38-1804.02(b).

    (c) The independent contractor shall submit the census report to the Council, Mayor, and the Financial Authority on or before January 1, 1999, and in subsequent years as needed.

    (Mar. 26, 1999, D.C. Law 12-175, § 702, 45 DCR 7193; Oct. 21, 2000, D.C. Law 13-176, § 8(d), 47 DCR 6835.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-2853.42a.

    Effect of Amendments

    D.C. Law 13-176, in subsec. (a), substituted "State Education Office" for "Board of Education".

    Temporary Amendments of Section

    Section 4 of D.C. Law 13-199, repealed subsec. (b), and rewrote subsec. (a) to provide:

    "(a) The Board of Education and the District of Columbia Public Schools shall hire an independent contractor to perform a census of the school employees of the District of Columbia Public Schools, their job classifications, and duties."

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

    Section 4 of D.C. Law 14-38 repealed subsec. (b), and amended subsec. (a) to read as follows:

    "(a) The Board of Education and the District of Columbia Public Schools shall hire an independent contractor to perform a census of the school employees of the District of Columbia Public Schools, their job classifications, and duties."

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

    Emergency Act Amendments

    For temporary addition of section, see § 402 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), and § 402 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669)

    For temporary (90 day) amendment of section, see § 4 of the Public School Enrollment Integrity Congressional Review Emergency Amendment Act of l2000 (D.C. Act 13-453, November 7, 2000, 47 DCR 9406).

    For temporary (90 day) amendment of section, see § 4 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 § 4 of Public School Enrollment Integrity Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-192, November 29, 2001, 48 DCR 11239).

    Legislative History of Laws

    Law 12-175, the "Fiscal Year 1999 Budget Support Act of 1998," was introduced in Council and assigned Bill No. 12-618, which was referred to the Committee of the Whole. The Bill was adopted on the first and second readings on May 5, 1998, and June 2, 1998, respectively. Signed by the Mayor on June 23, 1998, it was assigned Act No. 12-399 and transmitted to both Houses of Congress for its review. D.C. Law 12-175 became effective on March 26, 1999.

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

    Law 14-38, the "Public School Enrollment Integrity Temporary Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-242, which was retained by Council. The Bill was adopted on first and second readings on June 5, 2001, and June 26, 2001, respectively. Signed by the Mayor on July 12, 2001, it was assigned Act No. 14-100 and transmitted to both Houses of Congress for its review. D.C. Law 14-38 became effective on October 13, 2001.

    Miscellaneous Notes

    Public School Enrollment Census Act of 1998: Section 701 of D.C. Law 12-175 provided that title VII of the act may be cited as the "Public School Enrollment Census Act of 1998."

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  • The District of Columbia Public Schools shall submit to the Board of Education by January 1st and July 1st of each year a Schedule A showing all the current funded positions of the District of Columbia Public Schools, their compensation levels, and indicating whether the positions are encumbered. The Board of Education shall approve or disapprove each Schedule A within 30 days of its submission and provide the Council of the District of Columbia a copy of the Schedule A within 5 days of its approval.

    (Nov. 13, 2003, D.C. Law 15-39, § 362, 50 DCR 5668.)

    HISTORICAL AND STATUTORY NOTES

    Emergency Act Amendments

    For temporary (90 day) addition, see § 362 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

    Legislative History of Laws

    Law 15-39, the "Fiscal Year 2004 Budget Support Act of 2003", was introduced in Council and assigned Bill No. 15-218, which was referred to Committee on Whole. The Bill was adopted on first and second readings on May 6, 2003, and June 3, 2003, respectively. Signed by the Mayor on June 20, 2003, it was assigned Act No. 15-106 and transmitted to both Houses of Congress for its review. D.C. Law 15-39 became effective on November 13, 2003.

    Miscellaneous Notes

    Short title of subtitle G of title III of Law 15-39: Section 361 of D.C. Law 15-39 provided that subtitle G of title III of the act may be cited as the Public Schools Schedule A Submission Act of 2003.

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  • Notwithstanding any other provision of law, not to exceed 25 foreign students who are in the United States on valid unexpired student visas may be permitted to attend the District of Columbia Teachers College each year on the same basis, so far as payment of tuition and fees are concerned, as a resident of the District of Columbia. Admission to and attendance at such college by such students shall be subject to rules and regulations prescribed by the Board of Education of the District of Columbia.

    (Apr. 23, 1958, 72 Stat. 98, Pub. L. 85-384, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    2001 Ed., § 38-301.

    1981 Ed., § 31-601.

    1973 Ed., § 31-301a.

    References in Text

    The District of Columbia Teachers College, referred to in this section, has been absorbed into the University of the District of Columbia pursuant to Chapter 12 of this title.