Code of the District of Columbia

§ 38–193. Evaluation and re-authorization.

(a)(1) By October 1 of each year, beginning in 2009, and every year thereafter, an evaluator shall be retained to conduct an independent evaluation of District of Columbia Public Schools (“DCPS”) and of any affiliated education reform efforts. The evaluation shall be conducted according to the standard procedures of the evaluator, with full cooperation of the Council, Mayor, Chancellor, State Superintendent of Education, and other government personnel.

(2) The annual evaluation shall include an assessment of:

(A) Business practices;

(B) Human resources operations and human capital strategies;

(C) All academic plans; and

(D) The annual progress made as measured against the benchmarks submitted the previous year, including a detailed description of student achievement.

(3) The initial evaluation shall incorporate benchmarks and analysis of the best available data to assess annual achievement.

(b) No later than June 1, 2015, the independent evaluator shall submit to the Council, the State Board of Education, and the Mayor a 5-year assessment of the public education system established by this chapter, which shall include:

(1) A comprehensive evaluation of public education following the passage of this chapter; and

(2) A determination as to whether sufficient progress in public education has been achieved to warrant continuation of the provisions and requirements of this chapter or whether a new law, and a new system of education, should be enacted by the District government.

(c)(1) The evaluations, and assessment, required by this section shall be conducted by the National Research Council of the National Academy of Sciences (“NRC”) for the 5-year period described in this section.

(2) By December 31, 2009, prior to conducting the initial evaluation, NRC shall submit to the Council and the Mayor a compilation of data and an analysis plan, which shows:

(A) A description of the procedures and method to be used to conduct the evaluation;

(B) The opportunities for public involvement;

(C) The estimated release dates of interim and final evaluation reports; and

(D) A revised budget and funding plan for the evaluation.

(d) The Office of the Chief Financial Officer shall transfer by October 5, 2009, an amount of $325,000 in local funds through an intra-District transfer from DCPS to the Office of the District of Columbia Auditor to contract with NRC to conduct the initial evaluation required by this section.

(e) Expired.


(June 12, 2007, D.C. Law 17-9, § 204, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4051(b), 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 93, 59 DCR 6190; Feb. 26, 2015, D.C. Law 20-155, § 4122, 61 DCR 9990.)

Section References

This section is referenced in § 2-1595.

Effect of Amendments

D.C. Law 18-111 rewrote the section.

The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-111 which did not affect this section as codified.

The 2015 amendment by D.C. Law 20-155 substituted “No later than June 1, 2015” for “On September 30, 2014” in (b); and added (e).

Emergency Legislation

For temporary (90 day) amendment of section, see § 4051(b) 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 § 4051(b) 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 days) amendment of this section, see § 4122 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4122 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4122 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

References in Text

“This act”, referred to in subsec. (b) of this section, is D.C. Law 17-9.

Editor's Notes

Pursuant to section 4122 of D.C. Law 20-155, subsection (e) of this section expired on September 30, 2015.