• Current through October 23, 2012

In furtherance of this declared policy and in order to afford the people of the District of Columbia a full opportunity to express their views on the fiscal needs of the public schools, the following public hearings and transmissions of hearing records are required:

(1) Beginning in fiscal year 2009, by no later than November 30, but prior to the annual submission by the Chancellor of a proposed operating budget to the Mayor of the District of Columbia, and upon 15 days public notice, the Chancellor shall solicit oral and written public input for the purpose of ascertaining the views of the public on programs and levels of public funding to be sought for the public schools. The operating budget proposed by the Chancellor shall, consistent with the public policy declared in this measure, give due consideration to the record established by the testimony and exhibits on the subjects listed in paragraph (4) of this section. The Chancellor shall transmit the record of this testimony to the Mayor of the District of Columbia and to the Council of the District of Columbia at or before the hearings held by them pursuant to paragraphs (2) and (3) of this section.

(2) At least 15 days prior to the Mayor's annual submission of a budget recommendation with respect to the public schools to the Council of the District of Columbia, and upon 15 days public notice, and in accordance with § 38-103), the Mayor of the District of Columbia shall conduct a public hearing for the purpose of soliciting the views of the public on levels of public funding to be sought for the operation of the public schools. The public schools budget recommendation submitted by the Mayor to the Council of the District of Columbia shall, consistent with the public policy declared in this measure, give due consideration to the record established by the testimony and exhibits on the subjects listed in paragraph (4) of this section. The Mayor shall transmit the record of this hearing to the Council of the District of Columbia at or before the hearing held pursuant to paragraph (3) of this section.

(3) At the public hearings required by § 47-304, the Council of the District of Columbia, not more than 30 days or less than 15 days before the adoption of the Budget Request Act, shall solicit testimony and exhibits on the subjects listed at paragraph (4) of this section, and consistent with the public policy declared in this measure shall adopt a budget giving due consideration to the record established by the testimony and exhibits on those subjects.

(4) The hearings required by paragraphs (1), (2) and (3) of this section shall solicit and receive testimony and exhibits on the following subjects:

(A) The current and prospective educational needs of pupils in the District of Columbia public schools, educational programs that can address these needs and support systems needed for safety and efficiency;

(B) The relative levels of support provided in recent years and sought in the current budget requests for the District of Columbia public schools and other agencies of the District of Columbia Government. Particular attention will be placed on the levels of funding provided in the past and sought for agencies such as the Department of Corrections and the Department of Human Services, which must address the problems resulting in part from an educational system that lacks sufficient resources to address fully the needs of all of its students;

(C) The programs and levels of funding supported by the findings of relevant professional studies and commissions; and

(D) The levels of funding for public school systems in surrounding jurisdictions that have reputations for providing high quality education to their students.

(Feb. 17, 1988, D.C. Law 7-68, § 3, 34 DCR 7737; Apr. 20, 1999, D.C. Law 12-264, § 30, 46 DCR 2118; June 12, 2007, D.C. Law 17-9, § 1008, 54 DCR 4102; Mar. 21, 2009, D.C. Law 17-325, § 3, 56 DCR 499; Mar. 25, 2009, D.C. Law 17-353, § 204, 56 DCR 1117.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 31-2217.

Effect of Amendments

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

D.C. Law 17-325 rewrote pars. (1) and (2) which had read as follows:

"(1) Within a period of not more that 90 or less than 45 days prior to the annual submission by the Chancellor of a proposed budget to the Mayor of the District of Columbia, and upon 15 days public notice, the Chancellor shall conduct a public hearing for the purpose of soliciting the views of the public on programs and levels of public funding to be sought for the public schools. The budget proposed by the Chancellor shall, consistent with the public policy declared in this measure, give due consideration to the record established by the testimony and exhibits on the subjects listed in paragraph (4) of this section. The Chancellor shall transmit the record of this hearing to the Mayor of the District of Columbia and to the Council of the District of Columbia at or before the hearings held by them pursuant to paragraphs (2) and (3) of this section.

"(2) Within a period of not more than 60 days or less than 30 days prior to the Mayor's annual submission of a budget recommendation with respect to the public schools to the Council of the District of Columbia, and upon 15 days public notice, the Mayor of the District of Columbia shall conduct a public hearing for the purpose of soliciting the views of the public on levels of public funding to be sought for the public schools. In no event shall this hearing be prior to the annual submission by the Chancellor of its proposed budget to the Mayor. The public schools budget recommendation submitted by the Mayor to the Council of the District of Columbia shall, consistent with the public policy declared in this measure, give due consideration to the record established by the testimony and exhibits on the subjects listed in paragraph (4) of this section. The Mayor shall transmit the record of this hearing to the Council of the District of Columbia at or before the hearing held pursuant to paragraph (3) of this section."

D.C. Law 17-353, in par. (2), validated a previously made technical correction.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3 of Public Schools Hearing Emergency Amendment Act of 2009 (D.C. Act 18-11, February 25, 2009, 56 DCR 1915).

Legislative History of Laws

For legislative history of D.C. Law 7-68, see Historical and Statutory Notes following § 38-916.

Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.

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

For Law 17-325, see notes following § 38-103.

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