Code of the District of Columbia

§ 38–2001.04. Disability retirement; requirements.

Any teacher who shall have reached the age of 45, and who shall have been continuously employed in the public schools of the District of Columbia for not less than 10 years immediately prior to his retirement, or who shall have been continuously employed for not less than 15 years prior to his retirement and who by reason of accident or illness not due to vicious habits has acquired a physical or mental disability and is incapable of satisfactorily performing the duties of his position, may be retired by the Board of Education under the provisions hereinafter stated; provided, that absence of any teacher on authorized leave of absence without pay for a period not in excess of 2 years shall not constitute a break in continuous employment; provided further, that no teacher shall be retired by the Board of Education under the provisions of this section until said teacher shall have been examined under the direction of the health officer of the District of Columbia, and as a result of said examination, in his judgment, or in the judgment of two-thirds of the members of the Board of Education shall have been found to be physically or mentally incapacitated for efficient service.


(Jan. 15, 1920, 41 Stat. 388, ch. 39, § 4; June 11, 1926, 44 Stat. 728, ch. 556, § 1; Apr. 24, 2007, D.C. Law 16-305, § 55, 53 DCR 6198; Mar. 25, 2009, D.C. Law 17-353, § 172(c), 56 DCR 1117.)

Prior Codifications

1981 Ed., § 31-1204.

1973 Ed., § 31-704.

Section References

This section is referenced in § 38-2001.05, § 38-2001.06, and § 38-2001.09.

Effect of Amendments

D.C. Law 16-305 substituted “has acquired a physical or mental disability and is” for “has become physically or mentally disabled and”.

D.C. Law 17-353 validated a previously made technical correction.