Code of the District of Columbia

§ 38–2902. Applicability of Formula.

(a) The Formula shall apply to operating budget appropriations for District of Columbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions providing special education services paid by the District of Columbia or to nonresident students subject to the requirement of paying tuition pursuant to Chapter 3 of this title.

(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS and for Public Charter Schools. It shall not apply to funds from federal or other revenue sources, or to funds appropriated to other agencies and funds of the District government.

(c) The Formula shall apply only to Public Charter Schools until the DCPS student enrollment count is verified by an independent contractor who shall perform a census on the student enrollment of the DCPS. The count shall include the information provided in § 38-1804.02(b).


(Mar. 26, 1999, D.C. Law 12-207, § 103, 45 DCR 8095.)

Prior Codifications

1981 Ed., § 31-2902.

Emergency Legislation

For temporary addition of chapter, see note to § 38-2901.

For temporary (90 day) amendment of section, see § 2(b) of the Uniform Per Student Funding Formula Emergency Amendment Act of 2000 (D.C. Act 13-485, December 18, 2000, 48 DCR 20).

For temporary (90 day) amendment of section, see § 2(b) of Uniform Per Student Funding Formula For Public Schools and Public Charter Schools Emergency Amendment Act of 2001 (D.C. Act 14-18, March 16, 2001, 48 DCR 2691).

Temporary Legislation

Section 2(b) of D.C. Law 13-262, rewrote this section to read as follows:

“(a) The Formula shall apply to operating budget appropriations for District of Columbia resident students in DCPS and Public Charter Schools of the District of Columbia. The student count to which the Formula is applied shall not include students enrolled in private institutions providing special education services paid by the District of Columbia or to nonresident students subject to the requirement of paying tuition pursuant to 38-302 through 38-306. For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’).

“(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS, for public charter schools, and for the adult education program of UDC Public Charter Schools. It shall not apply to funds from federal or other revenue sources, or to funds appropriated to other agencies and funds of the District government.”

“(c) Repealed.”

Section 4(b) of D.C. Law 13-262 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 14-6, in subsec. (a), added the following to the end: “For purposes of adult education only, as defined in section 102(1), the Formula shall apply to the University of the District of Columbia (‘UDC’).”; in subsec. (b), substituted “, for public charter schools, and for the adult education program of UDC” for “and for”; and repealed subsec. (c).

Section 4(b) of D.C. Law 14-6 provided that the act shall expire after 225 days of its having taken effect.

See Historical and Statutory Notes following § 38-2901.