Effect of Amendments

D.C. Law 17-9 rewrote subsecs. (a), (b), (d), (f), and (g), which had read as follows:

"(a) There is established a Public School Modernization Advisory Committee ('Committee'), whose purpose shall be:

"(1) To monitor that capital funds are aligned with the priorities of the Board of Education and those of the District for educational infrastructure;

"(2) To monitor that expenditures are aligned with the approved Facilities Master Plan, the District of Columbia Capital Improvement Plan and Budget, and the DCPS maintenance plan; and

"(3) To advise the Board of Education as to whether the expenditure of funds is managed in accord with best practices and budgetary limitations.

"(b) The Committee shall consist of 11 members. The Mayor, Council, and Chief Financial Officer shall each appoint 2 members to the Committee and the Board of Education shall appoint 5 members, of which one member shall be the parent of a DCPS student and one member shall be a teacher within DCPS."

"(d) Members shall serve for a term of 3 years, with no more than one renewal. Of the initial appointments, the Mayor, Council, Chief Financial Officer, and the Board of Education shall each appoint one member to serve for a 2-year term."

"(f) No member shall serve as an officer, director, partner, employee, consultant, or contractor with an organization that provides services under contract to the Board of Education. Members shall file financial disclosure forms pursuant to § 1-1106.02.

"(g) The Chairperson of the Committee shall be designated by the President of the Board of Education in consultation with the chairperson of the Committee on Education, Libraries, and Recreation and the Mayor."

D.C. Law 19-124, in subsec. (f), substituted "§ 1-1162.24" for "§ 1-1106.02".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 401(o) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Legislative History of Laws

For Law 16-123, see notes following § 38-2971.01.

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

Law 19-124 , the "Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-511, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 6, 2011, and December 20, 2011, respectively. Signed by the Mayor on February 27, 2012, it was assigned Act No. 19-318 and transmitted to both Houses of Congress for its review. D.C. Law 19-124 became effective on April 27, 2012.

Effect of Amendments

D.C. Law 17-9 rewrote the section which had read as follows:

"§ 38-2973.02. Public School Modernization Advisory Committee functions and coordination with Superintendent.

"(a) The Superintendent shall consult and receive comments from the Committee on the proposed Facilities Master Plan and the Capital Improvement Plan and Budget prior to their adoption.

"(b) Within 30 days of receipt of the proposed Facilities Master Plan or the Capital Improvement Plan and Budget, the Committee shall provide the Superintendent with written assessments of the following:

"(1) The adequacy of planning and facility information and analysis on which the Facilities Master Plan, the Capital Improvement Plan and Budget, and maintenance plans were based;

"(2) Consistency of school facility capacity and grade organization with school system plans, including the Master Education Plan;

"(3) Alignment with approved operating and capital budgets;

"(4) Quality and quantity of community and local school participation in the planning process;

"(5) Overall benefit and level of support provided or created for the project school's educational program;

"(6) Community planning issues, including:

"(A) Desired or needed school-community uses;

"(B) Potential for partnership and collaboration with other city agencies and projects;

"(C) Economic development and city planning issues for the affected area surrounding the proposed school capital project;

"(D) Parking and transportation;

"(E) Participation of local, small, and disadvantaged business enterprises in the procurement process related to the proposed project; and

"(F) Other issues directly related to the modernization, construction, or renovation of the project school that are likely to have an impact on the community; and

"(7) Projected measurable benchmarks to be achieved by the end of the fiscal year for each capital project.

"(c) The Committee shall forward any written assessment provided to the Superintendent to the Board of Education, the Mayor, the Chair of the Council's Committee on Education, Libraries, and Recreation, and the Chief Financial Officer.

"(d) The Superintendent shall submit to the Committee on a quarterly basis a status report on all capital improvement projects funded through the capital budget of the District of Columbia Public Schools. The report shall include the following information:

"(1) A summary of ongoing capital improvement projects;

"(2) The approved budget and current and estimated cost of completion of each capital improvement project;

"(3) Encumbered and actual expenditures of each project;

"(4) A detailed list of change orders approved for each capital improvement project;

"(5) A detailed schedule with milestones identified and a comparison of original schedule with current status of work; and

"(6) If any project has a different scope, exceeds its budget, or is proceeding on a substantially modified schedule, an explanation regarding the revised scope of work, a new expected date of completion, a revised anticipated budget for each capital improvement project, and a justification for the change, delay, or increase in cost.

"(e)(1) Within 30 days of receipt of the quarterly status report from the Superintendent, the Committee shall submit a copy of the report, any written analysis or concerns about specific items or projects within the report, and specific policy recommendations, to the Mayor, the Chair of the Council, the Chair of the Committee on Education, Libraries, and Recreation, and the President of the Board of Education.

"(2) The Superintendent shall respond to written analysis or concerns in writing within 30 days of receipt of comments or queries from the Committee.

"(f) The Chief Financial Officer shall provide appropriate staff support to the Committee."

Legislative History of Laws

For Law 16-123, see notes following § 38-2971.01.

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

Emergency Act Amendments

For temporary (90 day) repeal, see § 4012 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) repeal, see § 4072 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) repeal, see § 4072 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Legislative History of Laws

For Law 16-123, see notes following § 38-2971.01.

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

For Law 18-111, see notes following § 38-191.

Effect of Amendments

D.C. Law 17-9 substituted "Office of Public Education Facilities Modernization" for "District of Columbia Public Schools".

D.C. Law 17-353 validated previously made technical corrections in subsec. (b).

Legislative History of Laws

For Law 16-123, see notes following § 38-2971.01.

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

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

Legislative History of Laws

For Law 16-123, see notes following § 38-2971.01.