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Current through October 23, 2012
(a) Within one year of the Officer's appointment, but not later than October 2001, and except as provided in § 38-2604, the OSSE shall assume the responsibilities listed in subsection (b) of this section. The transfer and assumption of responsibilities shall take place in accordance with the short-term plan to be submitted by the Officer to the Mayor for approval by February 15, 2001, or 5 weeks from the establishment of the OSSE, whichever is later.
(b) The OSSE shall:
(1) Have authority for all state functions for federally sponsored child nutrition programs in the District, including those sponsored by the United States Department of Agriculture;
(2) Verify annual fall enrollment counts for all public and public charter schools pursuant to § 38-1804.02, and § 38-159;
(4) Make recommendations to the Mayor and Council for periodic revisions to the Uniform Per Student Funding Formula pursuant to § 38-2911, and provide information and data related to such revisions including the study of actual costs of education in the District of Columbia, consideration of performance incentives created by the formula in practice, research in education and education finance, and public comment;
(5) Conduct a study to be submitted to the Mayor and Council recommending additional functions to be assumed by the OSSE and a proposed transition plan meeting the specifications of § 38-2605;
(6) Oversee the functions and activities of the Education Licensure Commission, established by § 38-1303;
(6A) Establish and administer licensure requirements for pre-kindergarten programs, pursuant to § 38-271.02(a)(3);
(7) Issue rules to establish requirements to govern acceptable credit to be granted for studies completed at independent, private, public, public charter schools, and private instruction;
(8) Prescribe minimum amounts of instructional time for all schools, including public, public charter, and private schools;
(8A) Prescribe standards for extended learning time beyond the regular school day for public schools, including public charter schools;
(9) Oversee the state-level functions and activities related to early childhood education programs, including the public education of the Early Intervention Services Program, in accordance with § 7-863.02;
(9A) Administer pre-kindergarten education, in accordance with § 38-271.02;
(9B) Conduct a residency audit, annually, to establish the number of in-District and out-of-District children enrolled in pre-kindergarten pursuant to Chapter 2A of this title;
(10) Provide for the education of children in the custody of the Department of Youth Rehabilitation Services;
(11) Formulate and promulgate rules necessary to carry out its functions, including rules governing the process for review and approval of state-level policies by the State Board of Education under § 38-2652, pursuant to Chapter 5 of Title 2;
(12) Develop and adopt policies that come within the functions of state educational agencies under federal law, subject to the approval of the State Board of Education for those policies that are subject to board approval under § 38-2652;
(13) Conduct studies and pilot projects to develop, review, or test state policy;
(14) Repealed.
(15) Fulfill any other responsibilities consistent with the performance of the state-level education functions of the District of Columbia;
(16) Promulgate rules for the administration and implementation of the uniform per student funding formula, pursuant to Chapter 29 of this title;
(17) Have the authority to collect and dedicate fees for state academic credential certifications and general educational development testing as well as for any other state-level education function, as established by the Superintendent by regulation;
(18) Have the authority to issue grants, from funds under its administration (including the non-public tuition paper agency), to local education agencies ("LEAs") for programs that increase the capacity of the LEA to provide special education services; and
(19) By October 1, 2013, create a truancy prevention resource guide for parents and legal guardians who have children who attend a District public school, which shall be updated and made available upon request and, at minimum, include:
(A) An explanation of the District's laws and regulations related to absenteeism and truancy;
(B) Information on:
(i) What a parent or legal guardian can do to prevent truancy;
(ii) The common causes of truancy; and
(iii) Common consequences of truancy;
(C) A comprehensive list of resources that are available to a parent or legal guardian, and the student, that address the common causes of truancy and the prevention of it, such as:
(i) Hotlines that provide assistance to parents, legal guardians, and youth;
(ii) Counseling for the parent (or legal guardian) or the youth, or both;
(iii) Parenting classes;
(iv) Parent-support groups;
(v) Family psycho-education programs;
(vi) Parent-resource libraries;
(vii) Risk prevention education;
(viii) Neighborhood family support organizations and collaboratives that provide assistance to families experiencing hardship;
(ix) Behavioral health resources and programs in schools;
(x) The Behavioral Health Ombudsman Program; and
(xi) The resources at each public school for at-risk students and their parents or legal guardians.
(c)(1) There is established as a nonlapsing fund the Academic Certification and Testing Fund ("Fund"). All fees collected by the Office of the State Superintendent of Education for state academic credential certifications, general educational development testing, or any other state-level education function established pursuant to subsection (b)(17) of this section shall be deposited into the Fund.
(2) All funds deposited into the Fund, and any interest earned on those funds, shall be used for the purposes set forth in paragraph (3) of this subsection. Any unexpended funds in the Academic Certification and Testing Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
(3) The Fund shall be administered by the State Superintendent of Education and shall be used to support the administration of state academic credential certifications, General Educational Development, and other state-level programs.
(Oct. 21, 2000, D.C. Law 13-176, § 3, 47 DCR 6835; Nov. 13, 2003, D.C. Law 15-39, § 302, 50 DCR 5668; Oct. 20, 2005, D.C. Law 16-33, § 4003(a), 52 DCR 7503; June 12, 2007, D.C. Law 17-9, § 302(c), 54 DCR 4102; Sept. 18, 2007, D.C. Law 17-20, § 4012(a), 54 DCR 7052; July 18, 2008, D.C. Law 17- 202, § 607, 55 DCR 6297; Aug. 16, 2008, D.C. Law 17-219, § 4008, 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353, § 215(d), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 4031, 57 DCR 181; Apr. 8, 2011, D.C. Law 18-370, § 404, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 9057, 58 DCR 6226; June 7, 2012, D.C. Law 19-141, § 303, 59 DCR 3083.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-39, in subsec. (b), made nonsubstantive changes in pars. (4) and (5), and added par. (6)
D.C. Law 16-33, in subsec. (b)(6), substituted "Education" for "Educational".
D.C. Law 17-9, in subsec. (b), inserted pars. (7) to (15).
D.C. Law 17-20, in subsec. (b), deleted "and" from the end of par. (14), substituted "; and" for a period at the end of par. (15), and added par. (16).
D.C. Law 17-202, in subsecs. (a) and (b), substituted "OSSE" for "SEO"; and added subsecs. (b)(6A), (9A), and (9B).
D.C. Law 17-219, in subsec. (b), deleted "and" from the end of par. (15), substituted a semicolon for a period at the end of par. (16), and added par. (17); and added subsec. (c).
D.C. Law 17-353 validated previously made technical corrections in subsecs. (b)(14), (15), (16).
D.C. Law 18-111 repealed subsec. (b)(14), which had read as follows:
"(14) Provide staff support to the State Board of Education to enable it to perform its functions as enumerated in § 38-2652;".
D.C. Law 18-370 added subsecs. (b)(8A) and (18); in subsec. (b)(16), deleted "and" from the end; and, in subsec. (b)(17), substituted "; and" for a period at the end.
D.C. Law 19-21, in subsec. (c)(2), substituted "be used for the purposes set forth in paragraph (3) of this subsection. Any unexpended funds in the Academic Certification and Testing Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia." for "not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (3) of this subsection without regard to fiscal year limitation, subject to authorization by Congress.".
D.C. Law 19-141, in subsec. (b), deleted "and" from the end of par. (17 ), substituted "; and" for a period the end of par. (18), and added par. (19).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 302 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) amendment of section, see § 302 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
For temporary (90 day) amendment of section, see § 4003(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 4012(a) 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 § 4031 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 4031 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) amendment of section, see § 404 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 13-176, see notes following § 38-2601.
For Law 15-39, see notes following § 38-160.
For Law 16-33, see notes following § 38-1306.
For Law 17-9, see notes under § 38-131.
For Law 17-20, see notes following § 38-451.
For Law 17-202, see notes following § 38-202.
For Law 17-219, see notes following § 38-251.
For Law 17-353, see notes following § 38-102.
For history of Law 18-370, see notes under § 38-821.02.
For history of Law 19-21, see notes under § 38-271.01.
For history of Law 19-141, see notes under § 38-203.
Miscellaneous Notes
Short title of subtitle A of title III of Law 15-39: Section 301 of D.C. Law 15-39 provided that subtitle A of title III of the act may be cited as the Transfer of the Educational Licensure Commission Amendment Act of 2003.
Short title: Section 4011 of D.C. Law 17-20 provided that subtitle B of title IV of the act may be cited as the "Office of the State Superintendent of Education Special Education Supplemental Funding and Educational Data Warehouse Amendment Act of 2007".
Short title: Section 4007 of D.C. Law 17-219 provided that subtitle D of title IV of the act may be cited as the "State Education Office Establishment Amendment Act of 2008".
Short title: Section 4030 of D.C. Law 18-111 provided that subtitle D of title IV of the act may be cited as the "State Board of Education Clarification Amendment Act of 2009".
Section 405 of D.C. Law 18-370 provides:
"Sec. 405. Applicability.
"This subtitle shall apply as of October 1, 2010. "
Legislative History of Laws
For Law 18-111, see notes following § 38-191.
