Code of the District of Columbia

Chapter 12. Public Postsecondary Education Reorganization.


Subchapter I. General Provisions.

§ 38–1201.01. Short title.

This unit may be cited as the “District of Columbia Public Postsecondary Education Reorganization Act”.


(Oct. 26, 1974, 88 Stat. 1423, Pub. L. 93-471, title I, § 101.)


§ 38–1201.02. Declaration of purpose.

It is the intent of Congress to authorize a public land-grant university through the reorganization of the existing local institutions of public postsecondary education in the District of Columbia. It is the clear and specific intent of the Congress that vocational and technological education, as well as liberal arts, sciences, teacher education, and graduate and postgraduate studies, within the University be given at all times its proper priority in terms of funding with other units within the University, and that the land-grant funds be utilized by the University in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. §§ 301 to 305 , 307 , and 308 ) (known as the First Morrill Act).


(Oct. 26, 1974, 88 Stat. 1423, Pub. L. 93-471, title I, § 102.)

Prior Codifications

1981 Ed., § 31-1501.

1973 Ed., § 31-1701.

Editor's Notes

Intent of Council: Section 2 of the Act of September 9, 1975, D.C. Law 1-12, and § 2 of the Act of November 1, 1975, D.C. Law 1-36, both provided that it was the intent of the Council of the District of Columbia to approve the Congressional intent expressed in this section, and to provide a range of programs and studies designed to reach the widest possible number of citizens and residents of the District of Columbia.

Nonresident students: Public Law 102-111, 105 Stat. 563, the District of Columbia Appropriations Act, 1992, provided that the public education appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts, for the fiscal year ending September 30, 1992, a tuition rate schedule that will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area.

Award of funds: Section 139 of Pub. L. 101-168, the District of Columbia Appropriations Act, 1990, provided that of the funds appropriated in Pub. L. 100-202 for carrying out part B of title VII of the Higher Education Act that remain available for obligation, $6,700,000 shall be awarded without regard to § 701(B), § 721(B), and § 721(C) of said Act to the consortium of institutions of higher education in the Washington, D.C. metropolitan area for the purpose of constructing and equipping an academic research library to link the library and information resources of the universities participating in the consortium.

Establishment of District of Columbia Advisory Committee on Education: See Mayor’s Order 89-256, November 7, 1989.

Appropriations authorized: Public Law 104-194, 110 Stat. 2359, the District of Columbia Appropriations Act, 1997, provided $69,801,000 and 917 full-time equivalent positions (including $38,479,000 and 572 full-time equivalent positions from local funds, $11,747,000 and 156 full-time equivalent positions from Federal funds, and $19,575,000 and 189 full-time equivalent positions from other funds) for the University of the District of Columbia; provided, that not to exceed $2,500 for the President of the University of the District of Columbia shall be available for expenditures for official purposes.


§ 38–1201.03. Definitions.

For the purpose of this unit:

(1) The term “Trustees” means the Board of Trustees established under subchapter II of this unit.

(2) The term “Chief Executive Officer” means the chief executive and administrative officer of the University.

(3) The term “University” means the University of the District of Columbia authorized and directed to be established under subchapter II of this unit.

(4) The term “academic and administrative head” means the academic and administrative head of each of the components of the University.

(5) The term “Mayor” means the Office of the Mayor of the District of Columbia established by § 1-204.21.

(6) The term “Council” means the Council of the District of Columbia established by § 1-204.01.

(7) The term “Board of Higher Education” means the Board of Higher Education established under § 38-1102.

(8) The term “Vocational Board” means the Board of Vocational Education established under § 38-1122.

(9) The term “Board” means the District of Columbia Board of Education established under § 1-204.95 [repealed].

(10) The term “financial institution” means an insured bank as defined in § 3 of the Federal Deposit Insurance Act [12 U.S.C. § 1813], or a savings and loan association as defined in § 401 [12 U.S.C. § 1724, repealed] of the National Housing Act.

(11) The term “component” means that segment of the whole University such as a school, college, branch or campus, which, because of its nature, the Board of Trustees specifies as constituting an identifiable entity for the purpose of, but not limited to, being administered by an academic and administrative head.

(12) The term “University of the District of Columbia School of Law” (“School of Law”) means the institution that had been established under § 38-1205.03(b) [repealed] as the District of Columbia School of Law. Any reference to a degree holder of the School of Law shall include any person who received a degree from the Antioch School of Law during the period when it was operated as a part of the Antioch University, as well as any person who received a degree after the establishment of the public School of Law under § 38-1205.03 [repealed] and persons who receive a degree from the University of the District of Columbia School of Law.

(13) “State” means any of the 50 states of the United States in addition to the District of Columbia, Puerto Rico, and the Virgin Islands of the United States.


(Oct. 26, 1974, 88 Stat. 1424, Pub. L. 93-471, title I, § 103; Nov. 1, 1975, D.C. Law 1-36, § 3, 22 DCR 2909; Aug. 1, 1996, D.C. Law 11-152, § 301(a), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1502.

1973 Ed., § 31-1702.

Emergency Legislation

For temporary amendment of section, see § 301(a) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(a) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).

Section 501 of D.C. Act 11-335 provided for the application of the act.

References in Text

“Section 3 of the Federal Deposit Insurance Act,” referred to in paragraph (10), is codified at 12 U.S.C. § 1813.

“Section 401 of the National Housing Act,” referred to in paragraph (10), was codified at 12 U.S.C. § 1724, and was repealed by the Act of August 9, 1989, 103 Stat. 363, Pub. L. 101-73.

Section 38-1205.03, referred to twice in (12), was repealed by D.C. Law 11-152, 43 DCR 2978.


Subchapter II. University of the District of Columbia.

§ 38–1202.01. Establishment of Board of Trustees and University.

(a) There is established a body corporate by name of the Board of Trustees of the University of the District of Columbia, which by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties authorized by this section, and §§ 38-1202.06 and 38-1204.03, including the power to:

(1) Adopt, alter, and use a corporate seal, which shall be judicially noticed;

(2) Make contracts;

(3) Sue and be sued;

(4) Complain and defend in its name in any court of competent jurisdiction;

(5) Make, deliver, and receive deeds, leases, and other instruments;

(6) Take title to real and other property in its name;

(7) Adopt, prescribe, amend, repeal, and enforce bylaws, rules, and regulations it considers necessary for the governance and administration of the University; and

(8) Procure and contract for goods and services.

(b) There is hereby authorized to be established an independent agency of the government of the District of Columbia known as the University of the District of Columbia which shall be governed by the Board of Trustees as established in subsection (a) of this section.

(c) The Board of Trustees shall consist of 15 voting members selected in the following manner:

(1) Eleven members shall be appointed by the Mayor with the advice and consent of the Council.

(2) One member shall be a full-time student in good standing at the University elected by secret ballot by the student community at an election at which each registered student at the University shall be entitled to one vote.

(3) Each of the 3 remaining members shall be a holder of a degree from the University of the District of Columbia or from one or more of its predecessor institutions, including Miner Teachers College, Wilson Teachers College, District of Columbia Teachers College, Washington Technical Institute, or Federal City College, and shall be elected by a postal ballot election at which each living person who holds a degree from any of the foregoing institutions shall be sent a ballot and shall be entitled to vote.

(4) The Board of Trustees shall be responsible for the efficient and fair conduct of the elections for student and alumni Trustees pursuant to paragraphs (2) and (3) of this subsection. The elections shall be governed by election rules adopted by the Board of Trustees in accordance with subchapter I of Chapter 5 of Title 2. The initial rules shall be adopted by the Board of Trustees within 100 days of February 27, 1990, and shall include provisions for nomination of candidates by petition and may also provide for a nominating committee which, if it is appointed, shall submit for inclusion on the ballot twice as many names of nominees as there are positions to be filled. The Board of Trustees may, in its discretion, seek and receive advice and assistance from the Board of Elections and Ethics in preparing the election rules. The Board of Elections and Ethics may, by agreement with the Board of Trustees of the University, furnish other assistance requested by the Board of Trustees.

(c-1) Four of the 11 Trustees appointed by the Mayor with the advice and consent of the Council may be nonresidents of the District of Columbia. At least 7 of the 11 Trustees shall reside in the District of Columbia at the time of their confirmation by the Council. The Mayor shall submit the names of District residents and nonresidents in a proportion to comply with the provisions of this subsection, when submitting nominees to the Council.

(d) The student member of the Board of Trustees shall serve for a term of one year, beginning on May 15th following his or her election.

(e) Except as provided in § 38-1202.02(l) [repealed], each nonstudent member of the Board of Trustees shall serve for a 5-year term, beginning on May 15th following his or her election or confirmation by the Council.

(f) A member of the Board of Trustees who has completed a full 5-year term in accordance with subsection (e) of this section may be reappointed or re-elected to serve 1 additional term, after which the former member may not become a Trustee by election or by appointment until May 15th of the 5th year following the year in which the former member left the Board. Service pursuant to § 38-1202.02(l) [repealed] for the remainder of the term of a Trustee who has died or resigned shall not, by itself or in conjunction with other service, constitute a bar to the re-election or reappointment of a person who has served as a Trustee.

(g) Each member of the Board of Trustees serving on February 27, 1990, shall continue to serve until May 15th following the conclusion of his or her previously established term.

(h) Repealed.

(i) Repealed.

(j) A chairperson and a vice-chairperson of the Board of Trustees:

(1) Shall be chosen by a majority vote of the Trustees;

(2) Shall serve as chairperson or vice-chairperson until May 15 next following his or her election to that office; and

(3) May be re-elected as chairperson or vice-chairperson if still a member of the Board of Trustees.

(k) A member of the Board of Education shall not serve as a Trustee of the University. Except as provided in subsection (l) of this section a paid officer or employee of the University of the District of Columbia shall not serve as a Trustee. A retired officer or employee of the University of the District of Columbia, shall, however, be eligible to serve as a Trustee. A Trustee shall forfeit his or her membership on the Board upon failure to maintain the qualifications required by this subsection.

(l) The Chief Executive Officer of the University shall be a non-voting ex officio member of the Board of Trustees.

(m) Repealed.

(n) Repealed.


(Oct. 26, 1974, 88 Stat. 1424, Pub. L. 93-471, title II, § 201; Sept. 9, 1975, D.C. Law 1-12, § 3(a), (b), 22 DCR 1806; Nov. 1, 1975, D.C. Law 1-36,§ 4, 23 DCR 2911; Apr. 6, 1977, D.C. Law 1-99, § 2(b), 23 DCR 8729; Feb. 27, 1990, D.C. Law 8-69, § 2, 36 DCR 7737; Oct. 15, 1993, D.C. Law 10-38, § 2, 40 DCR 5819; Aug. 1, 1996, D.C. Law 11-152, § 301(b), 43 DCR 2978; Apr. 12, 1997, D.C. Law 11-259, § 314(a), 44 DCR 1423; May 23, 2000, D.C. Law 13-116, § 2, 47 DCR 1998; Mar. 2, 2007, D.C. Law 16-191, § 3, 53 DCR 6794; Mar. 8, 2011, D.C. Law 18-286, § 2(a), 57 DCR 11012.)

Prior Codifications

1981 Ed., § 31-1511.

1973 Ed., § 31-1711.

Section References

This section is referenced in § 1-523.01, § 47-2853.04, and § 47-4431.

Effect of Amendments

D.C. Law 13-116 added subsec. (c-1).

D.C. Law 16-191 repealed subsec. (i) which had read as follows: “(i) When the term of one or more Trustees appointed by the Mayor with the advice and consent of the Council is due to expire on May 15th in any year, the Mayor shall transmit to the Council, not later than February 17th of that year, the nomination of a person to succeed each Trustee whose term is due to expire that year. The Council shall act on each timely nomination not later than April 15th of that year, and if no action is taken by the Council by April 15th of that year, the nomination shall be deemed approved.”

D.C. Law 18-286 rewrote subsec. (a), which had read as follows: “(a) There is hereby established a body corporate by name of the Board of Trustees of the University of the District of Columbia and by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by this section. Pursuant to this section and §§ 38-1202.06 and 38-1204.03, it shall have the power to adopt, alter, and use a corporate seal which shall be judicially noticed; and to make contracts; to sue and be sued, to complain and defend in its own name in any court of competent jurisdiction; to make, deliver, and receive deeds, leases and other instruments and to take title to real and other property in its own name; and to adopt, prescribe, amend, repeal, and enforce such bylaws, rules, and regulations as it may deem necessary for the governance and administration of the University; provided, however, that contracting for the purchase or disposal of goods and services shall be carried out by the Office of Contracting and Procurement on behalf of the Board of Trustees.”

Cross References

Board of trustees candidates, disclosure of interests, see § 1-1106.02.

Mayoral nomination of Board of Trustees of the University of the District of Columbia, review and approval of Council, see § 1-523.01.

University of the District of Columbia, credits and refunds for overpayments, see § 47-1812.11.

Emergency Legislation

For temporary amendment of section, see § 301(b) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(b) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).

For temporary (90-day) amendment of section, see § 2 of the University of the District of Columbia Board of Trustees Residency Requirement Emergency Amendment Act of 1999 (D.C. Act 13-128, August 4, 1999, 46 DCR 6644).

For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Emergency Amendment Act of 1999 (D.C. Act 13-210, December 17, 1999, 47 DCR 9).

For temporary (90-day) amendment of section, see § 2 of the University of the District of Columbia Board of Trustees Residency Requirement Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-226, January 11, 2000, 47 DCR 481).

For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-280, March 7, 2000, 47 DCR 2022).

For temporary (90-day) amendment of section, see § 2(a) of the Board of Trustees of the University of the District of Columbia Emergency Amendment Act of 2000 (D.C. Act 13-372, June 26, 2000, 47 DCR 5844).

For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Emergency Amendment Act of 2008 (D.C. Act 17-569, November 6, 2008, 55 DCR 12112).

For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-3, January 30, 2009, 56 DCR 1625).

For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2009 (D.C. Act 18-200, October 10, 2009, 56 DCR 8137).

For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2010 (D.C. Act 18-467, July 7, 2010, 57 DCR 6914).

For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010 (D.C. Act 18-542, October 9, 2010, 57 DCR 9627).

For temporary (90 day) amendment of section, see § 2(a) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-661, December 30, 2010, 58 DCR 70).

For temporary (90 day) addition of sections, see §§ 4032, 4042 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of sections, see §§ 4032, 4042 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

Section 2 of D.C. Laws 13-95, in subsec. (c)(1), added the second sentence, and added a new section to provide for filling vacancies on the Board.

Section 6(b) of D.C. Laws 13-95 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Laws 13-58 added subsection (c-1) to read as follows:

“Four of the 11 Trustees appointed by the Mayor with the advice and consent of the Council may be nonresidents of the District of Columbia. At least 7 of the 11 Trustees shall reside in the District of Columbia at the time of their confirmation by the Council. The Mayor shall submit the names of District residents and nonresidents in a proportion to comply with the provisions of this subsection, when submitting nominees to the Council.”

Section 4(b) of D.C. Laws 13-58 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 17-302, in subsec. (f), inserted the following sentence at the end: “Notwithstanding section 2(c) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(c)), a member shall continue to serve until a successor is appointed and confirmed.”

Section 4(b) of D.C. Law 17-302 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 18-92, in subsec. (a), substituted “the University.” for “the University; provided, however, that contracting for the purchase or disposal of goods and services shall be carried out by the Office of Contracting and Procurement on behalf of the Board of Trustees.”.

Section 5(b) of D.C. Law 18-92 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 18-282 amended subsec. (a) to read as follows:

“(a) There is established a body corporate by name of the Board of Trustees of the University of the District of Columbia, which by that name and style shall have perpetual succession. It shall be charged with the responsibility of governing the University of the District of Columbia (‘University’) and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties authorized by this section, and sections 206 and 403, including the power to:

“(1) Adopt, alter, and use a corporate seal, which shall be judicially noticed;

“(2) Make contracts;

“(3) Sue and be sued;

“(4) Complain and defend in its name in any court of competent jurisdiction;

“(5) Make, deliver, and receive deeds, leases, and other instruments;

“(6) Take title to real and other property in its name;

“(7) Adopt, prescribe, amend, repeal, and enforce bylaws, rules, and regulations it considers necessary for the governance and administration of the University; and

“(8) Procure and contract for goods and services.”.

Section 5(b) of D.C. Law 18-282 provided that the act shall expire after 225 days of its having taken effect.

References in Text

Section 38-1202.02, referred to in subsections (e) and (f), was repealed by D.C. Law 12-68, § 401(i), effective April 29, 1998.

Editor's Notes

Section 4152 of D.C. Law 21-160 provided that: (a) In Fiscal Year 2017, of the funds allocated to the Non-Departmental agency, $1, up to a maximum of $1.5 million, shall be transferred to the University of the District of Columbia ("UDC") for every $2 that UDC raises from private donations by March 1, 2017. (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, two-thirds of the funds shall be deposited into UDC's endowment fund.


§ 38–1202.02. Board of Trustees Nominating Committee. [Repealed]

Repealed.


(Oct. 26, 1974, 88 Stat. 1425, Pub. L. 93-471, title II, § 202; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2916; Mar. 14, 1985, D.C. Law 5-161, § 2, 32 DCR 158; Feb. 27, 1990, D.C. Law 8-69, § 3, 36 DCR 7737; April 29, 1998, D.C. Law 12-86, § 401(i), 45 DCR 1172.)

Prior Codifications

1981 Ed., § 31-1512.

1973 Ed., § 31-1712.


§ 38–1202.03. Suspension, removal, and termination of Trustees.

(a) Any Trustee shall be automatically suspended from serving as such member after he has been found guilty of a felony by a court of competent jurisdiction. Upon a final determination of his guilt or innocence, the term of such member shall automatically terminate or be reinstated.

(b) The Board of Trustees shall have the power to remove any member, after fair notice and an opportunity to be heard, at any time for adequate cause which relates to such members’ character or efficiency as a Trustee.

(c) The tenure of the student member shall automatically terminate if the status of such member ceases to be that of a full-time student at the University.


(Oct. 26, 1974, 88 Stat. 1425, Pub. L. 93-471, title II, § 203; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2921.)

Prior Codifications

1981 Ed., § 31-1513.

1973 Ed., § 31-1713.


§ 38–1202.04. Reimbursement of Trustees.

Trustees shall serve without compensation except that each Trustee shall be entitled to reimbursement for actual and necessary expenses incurred while actually engaged in service as a Trustee, provided that these expenses are properly documented. In no case, however, shall a Trustee receive expense reimbursement that exceeds $4,000 per annum.


(Oct. 26, 1974, 88 Stat. 1426, Pub. L. 93-471, title II, § 204; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2292; Mar. 3, 1979, D.C. Law 2-139, § 3204(f), 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(gg), 27 DCR 2632; Apr. 20, 1991, D.C. Law 8-259, § 2, 38 DCR 1449; July 13, 1991, D.C. Law 9-13, § 2, 38 DCR 3378.)

Prior Codifications

1981 Ed., § 31-1514.

1973 Ed., § 31-1714.

Section References

This section is referenced in § 1-636.02.


§ 38–1202.05. Consolidation of existing public institutions of postsecondary education.

The Trustees shall by August 1, 1977, consolidate the existing public institutions of postsecondary education in the District of Columbia under a single management system to be called the University of the District of Columbia, with several programs, schools, colleges, institutes, campuses and other components that offer a comprehensive program of public postsecondary education. The institutions of public postsecondary education in the District of Columbia existing immediately prior to such consolidation shall be deemed abolished on the effective date of the consolidation. Thereafter, any reference in any law, rule, regulation, or other document of the United States or of the District of Columbia to such institutions shall be deemed to be a reference to the University of the District of Columbia.


(Oct. 26, 1974, 88 Stat. 1426, Pub. L. 93-471, title II, § 205; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2922; Apr. 6, 1977, D.C. Law 1-99, § 2(a), 23 DCR 8729.)

Prior Codifications

1981 Ed., § 31-1515.

1973 Ed., § 31-1715.


§ 38–1202.06. Duties of Trustees.

It shall be the duty of the Trustees to:

(1) Review the existing public institutions of postsecondary education with respect to:

(A) Accreditation;

(B) Present programs and functions;

(C) Actual and potential capabilities; and

(D) Educational policies and procedures;

(2)(A) Establish the University of the District of Columbia consisting of, but not limited to, 2 major components, liberal and fine arts and vocational and technical education;

(B) Prepare and, from time to time, revise a long-range plan for the development of the University which shall include the type and scope of programs offered and envisioned. Such plan shall also include the development, expansion, integration, coordination and efficient use of the facilities, physical plant, curricula, and standards of public postsecondary education. Such initial plan and any revisions thereof shall be made available to the public, the Council of the District of Columbia and the Mayor for a period of not less than 60 days prior to its implementation and the Trustees shall hold such hearings and public forums as may be necessary to receive public response and comment on such plans;

(C) Operate a public law school component, established under subchapter VI of this unit, in a manner that shall:

(i) Maintain any accreditation necessary to qualify the graduates of the School of Law to take the bar examinations of the District of Columbia and of the several states;

(ii) Represent, to the maximum extent feasible, the legal needs of low-income persons, particularly those who reside in the District of Columbia, through the training of law students; and

(iii) Recruit and enroll, to the maximum extent feasible, students from racial, ethnic, and other population groups that in the past have been underrepresented among persons admitted to the bar of the District of Columbia and the several states;

(3) Establish or approve policies and procedures governing admissions, curricula, programs, graduation, the awarding of degrees, and general policy making for the components of the University;

(4) Prepare and submit to the Mayor, on a date fixed by the Mayor, an annual budget for each fiscal year. Such budget shall include a proposed financial operating plan for such fiscal year, and a capital and educational improvements plan for such fiscal year and the succeeding 4 fiscal years for the University. The Mayor and the Council shall, after review and consideration of the budget submitted by the Trustees, establish the maximum amount of funds for each of the major components of the University and the total University budget which will be allocated to the Trustees;

(5) Transfer during the fiscal year any appropriation balance available for one item of appropriation to another item of appropriation or to a new program designated by action of the Trustees; provided, that any such action under this paragraph shall be taken in accordance with the provisions of the reprogramming policy and laws of the District of Columbia;

(6) Repealed;

(7) Enter into negotiations and binding contracts in accordance with District contracting and procurement rules and regulations to perform organized research, training and demonstrations on a reimbursable basis for the United States and the government of the District of Columbia and other public and private agencies;

(8) Fix tuition, and fees in addition to tuition, to be paid by resident and nonresident students attending the University; provided, that such tuition and fees are adopted by the Trustees in accordance with the provisions of § 2-505(a);

(8A) Allow any individual, regardless of federal immigration status, to pay tuition at the rate adopted for residents pursuant to paragraph (8) of this section and to receive local financial aid for attendance at any school, college, or branch campus of the University of the District of Columbia; provided, that the individual:

(A) Within the previous 10 years, attended high school in the District of Columbia for 3 years, graduated from a high school in the District, or received the equivalent of a high school diploma in the District; and

(B) Submits one of the following:

(i) An official transcript from a District of Columbia public, public charter, or private school as evidence of attendance;

(ii) A diploma from a District of Columbia public, public charter, or private school as evidence of graduation;

(iii) A state diploma from the Office of the State Superintendent of Education; or

(iv) An official certificate of completion of the equivalent of a high school diploma;

(9) Deposit all revenues and receipts of any nature whatsoever derived from tuition and fees received from students with the District of Columbia Treasurer under regulations established by the Mayor, which revenues shall be accounted for in the Municipal University Fund as a separate revenue source allocated to provide authority for such University purposes as the Board of Trustees may approve;

(10) Select, appoint, and fix the compensation for a Chief Executive Officer of the University and of such staff for the Board of Trustees as it deems necessary and approve the appointment and compensation of the academic and administrative heads of each of the components of the University and of such other officers as it deems necessary, including legal counsel, subject to the provisions of Chapter 6 of Title 1. The Chief Executive Officer shall serve at the pleasure of the Trustees;

(11) Submit recommendations to the Mayor and the Council of the District of Columbia from time to time relating to legislation affecting the administration and programs of the University;

(12) Develop and define, in conjunction with the faculty, a policy governing academic freedom for the University and establish mechanisms to ensure its protection and enforcement;

(13) Perform such duties and make such rules and regulations as may be necessary to carry out the purposes of this unit;

(14) Seek to establish with the Board a Coordination Committee to determine areas of cooperation, coordination and assistance;

(15) Utilize the services and seek the counsel and advice of the District of Columbia Commission on Postsecondary Education in planning the development of a program for public postsecondary education in the District of Columbia;

(16) Generally determine, control, supervise, manage, and govern all affairs of the University;

(17) Repealed;

(18) Establish health policies and procedures for adult students as provided in Chapter 6 of this title;

(19)(A) Coordinate the state system, in accordance with federal requirements, for pre-k teacher preparation, professional development, and training;

(B) Establish a collaborative of District of Columbia colleges and universities to craft a higher education incentive grant program and a scholarship program and develop a pre-k workforce development plan, as required by § 38-274.01; and

(C) Establish the higher education incentive grant program and the scholarship program for the purpose of increasing the number of highly qualified pre-k teachers and assistant teachers who are eligible to teach in a high-quality pre-k classroom as of September 1, 2014, as set forth in § 38-274.01; and

(20)(A) Procure all goods and services necessary to operate the University independent of the Office of Contracting and Procurement and the requirements of Chapter 3A of Title 2, except as specified in § 2-351.05; provided, that the Council has approved proposed rules governing the procurement of goods and services.

(B) Submit any proposed rules governing the procurement of goods and services promulgated subsequent to October 9, 2010, to the Council for its review and approval.


(Oct. 26, 1974, 88 Stat. 1427, Pub. L. 93-471, title II, § 206; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2923; Mar. 3, 1979, D.C. Law 2-139, § 3204(f), 25 DCR 5740; Aug. 22, 1980, D.C. Law 3-82, § 3(a), 27 DCR 2647; Feb. 9, 1984, D.C. Law 5-47, § 2, 30 DCR 5641; Feb. 24, 1987, D.C. Law 6-177, § 2(c), (d), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 301(c), 43 DCR 2978; Apr. 12, 1997, D.C. Law 11-259, § 314(b), 44 DCR 1423; Apr. 20, 1999, D.C. Law 12-231, § 2(a), 46 DCR 487; Mar. 8, 2011, D.C. Law 18-285, § 3, 57 DCR 11005; Mar. 8, 2011, D.C. Law 18-286, § 2(b), 57 DCR 11012; Sept. 26, 2012, D.C. Law 19-171, §§ 96, 226, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-275, § 2, 64 DCR 953.)

Prior Codifications

1981 Ed., § 31-1516.

1973 Ed., § 31-1716.

Section References

This section is referenced in § 1-636.02, § 38-1202.01, and § 47-2853.04.

Effect of Amendments

D.C. Law 18-285 added par. (19).

D.C. Law 18-286, in par. (15), deleted “and” from the end; rewrote par. (16); repealed par. (17); in par. (18), substituted “; and” for a period at the end; and added par. (20).

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction; and substituted “the requirements of Chapter 3A of Title 2, except as specified in § 2-351.05” for “the requirements of § 2-301.01 et seq., except as specified in § 2-303.20” in (20)(A).

Cross References

Regulated non-health related occupations and professions, license taxes, see § 47-2853.04.

Emergency Legislation

For temporary amendment of section, see § 301(c) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(c) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).

For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2009 (D.C. Act 18-200, October 10, 2009, 56 DCR 8137).

For temporary (90 day) amendment of section, see § 3 of Pre-K Acceleration and Clarification Emergency Amendment Act of 2009 (D.C. Act 18-304, January 28, 2010, 57 DCR 1475).

For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Procurement Authority Emergency Amendment Act of 2010 (D.C. Act 18-467, July 7, 2010, 57 DCR 6914).

For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010 (D.C. Act 18-542, October 9, 2010, 57 DCR 9627).

For temporary (90 day) amendment of section, see § 3 of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-602, December 1, 2010, 57 DCR 11039).

For temporary (90 day) amendment of section, see § 2(b) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-661, December 30, 2010, 58 DCR 70).

For temporary (90 day) amendment of section, see § 3 of Pre-k Acceleration and Clarification Congressional Review Emergency Amendment Act of 2010 (D.C. Act 19-4, February 11, 2011, 58 DCR 1399).

Temporary Legislation

Section 2(b) of D.C. Law 18-92 deleted “and” from the end of par. (15), rewrote par. (16) to read as follows:

“(16) Generally determine, control, supervise, manage, and govern all affairs of the University of the District of Columbia and, pursuant to paragraph (19) of this section, adopt policies and regulations considered necessary for efficient governance;’ ; repealed par. (17); in par. (18), substituted “; and” for a period; and added par. (19) to read as follows:

“(B) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day review period, the proposed rules shall be deemed disapproved.”

Section 5(b) of D.C. Law 18-92 provided that the act shall expire after 225 days of its having taken effect.

Section 3 of D.C. Law 18-142 added par. (19) to read as follows:

“(19)(A) Coordinate the state system, in accordance with federal requirements, for pre-k teacher preparation, professional development, and training;

“(B) Establish a collaborative of District of Columbia colleges and universities to craft a higher education incentive grant program and a scholarship program and develop a pre-k workforce development plan, as required by section 401 of the Pre-k Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code § 38-274.01)(Pre-k act”); and

“(C) Establish the higher education incentive grant program and the scholarship program for the purpose of increasing the number of highly-qualified pre-k teachers and assistant teachers who are eligible to teach in a high-quality pre-k classroom as of September 1, 2014, as set forth in section 401 of the Pre-k act.”.

Section 5(a) of D.C. Law 18-142 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 18-282, in par. (15), deleted “and” at the end; amended par. (16) to read as follows:

“(16) Generally determine, control, supervise, manage, and govern all affairs of the University;”; repealed par. (17); in par. (18), substituted “; and” for a period at the end; and added par. (19) to read as follows:

“(19)(A) Procure all goods and services necessary to operate the University independent of the Office of Contracting and Procurement and the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.) (‘Act’), except as specified in section 320 of the Act; provided, that the Council has approved proposed rules governing the procurement of goods and services.

“(B) Submit any proposed rules governing the procurement of goods and services promulgated subsequent to the effective date of the University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010, passed on emergency basis on September 21, 2010 (Enrolled version of Bill 18-995), to the Council for its review and approval.”.

Section 5(a) of D.C. Law 18-282 provided that the act shall expire after 225 days of its having taken effect.

Resolutions

Resolution 18-351, the “University of the District of Columbia Procurement Rules Emergency Approval Resolution of 2009”, was approved effective December 15, 2009.


§ 38–1202.07. Personnel System. [Repealed]

Repealed.


(Oct. 26, 1974, 88 Stat. 1428, Pub. L. 93-471, title II, § 207; Sept. 9, 1975, D.C. Law 1-12, § 3(c), 22 DCR 1807; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2927; Mar. 3, 1979, D.C. Law 2-139, § 3204(f), 25 DCR 5740.)

Prior Codifications

1973 Ed., § 31-1717.


§ 38–1202.08. Transfer of functions, personnel, property, assets, and liabilities.

The Board of Higher Education and the Vocational Board shall be abolished on the day that the Board of Trustees convenes its 1st meeting. Except as provided by this unit all functions, powers, and duties of the Board of Higher Education and the Vocational Board under Chapter 11 of this title shall be vested in and exercised by the Trustees. All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds and assets and liabilities of the Board of Higher Education and Vocational Board are authorized to be transferred to the Trustees, except the functions of licensing institutions to confer degrees as authorized by this unit. All rules, orders, obligations, determinations and any other understandings of the Board of Higher Education and the Board of Vocational Education shall remain in effect until such time as they may be lawfully amended, modified or repealed by the Trustees.


(Oct. 26, 1974, 88 Stat. 1428, Pub. L. 93-471, title II, § 207; as added Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2929; July 2, 2011, D.C. Law 18-378, § 3(bb), 58 DCR 1720.)

Prior Codifications

1981 Ed., § 31-1517.

1973 Ed., § 31-1718.

Effect of Amendments

D.C. Law 18-378, in subsec. (a)(1), substituted “this unit” for “§ 29-615”.

Cross References

Transfer of functions from Office of Youth Opportunity Services to School of Continuing Education, Federal City College, University of the District of Columbia, see § 2-1503.


§ 38–1202.09. Establishment as land-grant university.

(a) In the administration of: (1) the Act of August 30, 1890 (7 U.S.C. §§ 321 to 326, and 328) (known as the Second Morrill Act); (2) the 10th paragraph under the heading “Emergency Appropriations” in the Act of March 4, 1907 (7 U.S.C. § 322) (known as the Nelson Amendment); (3) § 22 of the Act of June 29, 1935 (7 U.S.C. § 329) (known as the Bankhead-Jones Act); (4) the Act of March 4, 1940 (7 U.S.C. § 331); and (5) the Agricultural Marketing Act of 1946 (7 U.S.C. §§ 1621 to 1627); the University shall be considered to be a university established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. §§ 301 to 305, 307, and 308) (known as the First Morrill Act); and the term “state” as used in the laws and provisions of law listed in clauses (1), (2), (3), (4) and (5) of this subsection shall include the District of Columbia.

(b) In the administration of the Act of May 8, 1914 (7 U.S.C. §§ 341 to 346, and 347a to 349) (known as the Smith-Lever Act):

(1) The University shall be considered to be a university established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. §§ 301 to 305, 307, and 308); and

(2) The term “state” as used in such Act of May 8, 1914, shall include the District of Columbia.

(c) In lieu of an authorization of appropriations for the District of Columbia under § 3(c) of such Act of May 8, 1914, there is authorized to be appropriated such sums as may be necessary to provide cooperative agricultural extension work in the District of Columbia under such Act. Such sums may be used to pay not more than ½ of the total cost of providing such extension work. Any reference in such Act (other than § 3(c) thereof) to funds appropriated under such Act shall in the case of the District of Columbia be considered a reference to funds appropriated under this subsection.

(d) Four per centum of the sums appropriated under subsection (c) of this section for each fiscal year shall be allotted to the Federal Extension Service of the Department of Agriculture for administrative, technical, and other services provided by the Service in carrying out the purposes of this section.

(e) Reserved.


(Oct. 26, 1974, 88 Stat. 1428, Pub. L. 93-471, title II, § 208; renumbered § 209, Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2911; May 22, 2008, 122 Stat. 923, Pub. L. 110-234, § 7417(a); June 18, 2008, 122 Stat. 1651, Pub. L. 110-246, §§ 4, 7417(a); Dec. 20, 2018, 132 Stat. 4824, Pub. L. 115-334, Title VII, Part II, § 7508(a).)

Prior Codifications

1981 Ed., § 31-1518.

1973 Ed., § 31-1719.

Section References

This section is referenced in § 38-1202.10.

Effect of Amendments

Pub. L. 110-246 repealed the changes made to this section by Pub. L. 110-234 and in subsec. (b)(2) deleted “, except that the District of Columbia shall not be eligible to receive any sums appropriated under § 3 of such act” following “Columbia”; and, in subsec. (c), changed "§ 3" to "§ 3(c)" and deleted the former second sentence, which had read as follows: “Such sums may be used to pay no more than one half of the total cost of providing such extension work.”

Pub. L. 110-234, in subsec. (b)(2), deleted “, except that the District of Columbia shall not be eligible to receive any sums appropriated under § 3 of such act” following “Columbia”; and, in subsec. (c), changed "§ 3" to "§ 3(c)" and deleted the former second sentence, which had read as follows: “Such sums may be used to pay no more than one half of the total cost of providing such extension work.”

References in Text

“Section 3(c)” referred to in subsection (c) of this section, is codified at 7 U.S.C. § 343(c).

Effective Dates

Section 7417(b) of Pub. L. 110-246 provided that the amendments made by this section take effect on October 1, 2008.

Section 7417(b) of Pub. L. 110-234 provided that the amendments made by this section take effect on October 1, 2008.

Editor's Notes

Section 7508(b) of Pulbic Law 115-334 stated that the amendment made by subsection (a) shall take effect on December 20, 2018.

Investment Advisory Committee for Land Grants Funds established: See Mayor’s Order 83-129, May 17, 1983.


§ 38–1202.10. State consent.

The enactment of this unit shall, as respects the District of Columbia, be deemed to satisfy any requirement of state consent contained in any of the laws or provisions of law referred to in § 38-1202.09.


(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title II, § 209; renumbered § 210, Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2911.)

Prior Codifications

1981 Ed., § 31-1519.

1973 Ed., § 31-1720.


§ 38–1202.11. Transfer of powers of Board of Governors.

(a) All functions, powers, and duties of the Board of Governors of the District of Columbia School of Law established by § 38-1205.03 [repealed] shall be vested in and exercised by the Trustees. The District of Columbia School of Law shall be merged with and become a component of the University of the District of Columbia, as a single independent agency of the District of Columbia under the authority and jurisdiction of the Trustees.

(b) All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds and assets and liabilities of the Board of Governors are transferred to the Trustees. All rules, orders, obligations, determinations, and any other understandings of the Board of Governors shall remain in effect until such time as they may be lawfully amended, modified, or repealed by the Trustees. Thereafter, any reference in any law, rule, regulation, or other document of the United States or the District of Columbia to the Board of Governors shall be deemed to be a reference to the Trustees, and any reference in any law, rule, regulation, or other document of the United States or the District of Columbia to the District of Columbia School of Law shall be deemed to be a reference to the University of the District of Columbia School of Law.

(c) The Trustees shall be bound by the terms of the Merger Agreement between the University of the District of Columbia and the District of Columbia School of Law, signed November 6, 1995.


(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title II, § 211; as added Aug. 1, 1996, D.C. Law 11-152, § 301(d), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1520.

Section References

This section is referenced in § 47-2853.04.

Cross References

Regulated non-health related occupations and professions, license taxes, see § 47-2853.04.

Emergency Legislation

For temporary addition of section, see § 301(d) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, Apr. 26, 1996, 43 DCR 2412), and § 201(d) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).

Section 501 of D.C. Act 11-335 provided for the application of the act.

References in Text

Section 38-1205.03, referred to in (a), was repealed by D.C. Law 11-152, 43 DCR 2978.

Editor's Notes

Law School buildings: For provisions directing the District of Columbia School of Law to submit any lease or building purchase agreement to the Council for review, see § 702 of D.C. Law 10-128.


§ 38–1202.12. Supervision of adult education program. [Repealed]

Repealed.


(Oct. 26, 1974, 88 Stat. 1423, Pub. L. 93-471, title II, § 212; as added Apr. 20, 1999, D.C. Law 12-231, § 2(b), 46 DCR 487; June 12, 2007, D.C Law 17-9, § 303, 54 DCR 4102.)

Prior Codifications

1981 Ed., § 31-1520a.

Emergency Legislation

For temporary addition of section, see § 2 of the Adult Education Designation Emergency Amendment Act of 1998 (D.C. Act 12-449, September 18, 1998, 45 DCR 6667), and § 2 of the Adult Education Designation Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-598, January 20, 1999, 45 DCR 1144).

Temporary Legislation

Section 2 of D.C. Law 12-183 added this section.

Section 4(b) of D.C. Law 12-183 provided that this act shall expire after 225 days of its having taken effect.


Subchapter III. Authorizations.

§ 38–1203.01. Appropriations; purchase and sale of books.

(a) There are authorized to be appropriated out of any money in the Treasury to the credit of the District of Columbia such sums as may be necessary for carrying out the purposes of this unit.

(b) The Trustees are authorized to purchase and sell books at such prices as they determine necessary to approximate the cost of the sale of such books, excluding personnel and overhead costs. All receipts from the sale of such books shall be deposited with the D.C. Treasurer and accounted for within the Municipal University Fund as a separate revenue source allocable to provide authority for the purchase of books as the Board of Trustees may approve. Any unexpended balance at the end of fiscal year 1981 or each succeeding fiscal year thereafter shall be reserved as a restricted fund balance and used to provide authority to expend for subsequent years, for the purchase of books, subject to the direction of the Board of Trustees. Such funds which are available from the general revenues of the District of Columbia and appropriated in fiscal year 1981 for the purpose of the procurement of books by the Trustees and receipts from the sale of such books shall also be deposited with the D.C. Treasurer and accounted for in an account within the Municipal University Fund; provided, that the base of the budget of the University shall be reduced in fiscal year 1982 by an amount equal to the funds appropriated in fiscal year 1981 for the purpose of procurement of such books and receipts from the sale of such books.


(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title III, § 301; Nov. 1, 1975, D.C. Law 1-36, § 4, 22 DCR 2930; Sept. 23, 1978, D.C. Law 2-111, § 3, 25 DCR 1462; Aug. 22, 1980, D.C. Law 3-82, § 3(b), 27 DCR 2647.)

Prior Codifications

1981 Ed., § 31-1521.

1973 Ed., § 31-1721.


Subchapter IV. Miscellaneous.

§ 38–1204.01. Meetings of Trustees.

(a)(1) The chairperson or a majority of the members of the Trustees may convene a meeting. The Trustees shall hold meetings periodically, as scheduled by the Trustees; provided, that at least 4 meetings shall be held each year. All meetings shall be held in the District of Columbia. Except as provided in paragraph (2) of this subsection, meetings shall be noticed to the public and open to the public.

(2) The Trustees may convene in executive session by a vote of a majority of the voting members serving to take action on matters that:

(A) Relate to personnel or to practices of the Trustees;

(B) Would result in the disclosure of matters specifically exempted from disclosure by statute; or

(C) Would result in the disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

(3) The Trustees shall keep the minutes of each meeting of the Trustees and shall make the minutes of each public meeting available to the public for inspection and distribution.

(b) No official action may be taken at a meeting or an executive session unless a quorum is present; except, that a lesser number may hold a hearing. A majority of the voting members serving on the Board of Trustees shall constitute a quorum.


(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 401; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2931; Mar. 3, 1979, D.C. Law 2-132, § 2, 25 DCR 3489; Mar. 8, 2011, D.C. Law 18-286, § 2(c), 57 DCR 11012; Mar. 19, 2013, D.C. Law 19-251, § 2, 60 DCR 980.)

Prior Codifications

1981 Ed., § 31-1531.

1973 Ed., § 31-1731.

Effect of Amendments

D.C. Law 18-286 rewrote the section, which formerly read:

“Meetings may be called by the Chairperson or a majority of the members of the Trustees. No official action may be taken by the Trustees except at a meeting of the Trustees at which a quorum is present. A total of 8 of the voting members of the Board of Trustees shall constitute a quorum for the transaction of business, except a lesser number may hold hearings. Each meeting of the Trustees shall be open to the public and held in the District of Columbia with appropriate notice of each such meeting given to the general public, except a majority of the Trustees may elect to go into executive session to take action on personnel matters. The Trustees shall meet at stated times established by the Board of Trustees, but not less frequently than 4 times a year.”

The 2012 amendment by D.C. Law 19-251 substituted “4 meetings” for “6 meetings” in (a)(1).

Emergency Legislation

For temporary (90-day) amendment of section, see § 2(b) of the Board of Trustees of the University of the District of Columbia Emergency Amendment Act of 1999 (D.C. Act 13-210, December 17, 1999, 47 DCR 9).

For temporary (90-day) amendment of section, see § 2(b) of the Board of Trustees of the University of the District of Columbia Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-280, March 7, 2000, 47 DCR 2022).

For temporary (90-day) amendment of section, see § 2(b) of the Board of Trustees of the University of the District of Columbia Board Emergency Amendment Act of 2000 (D.C. Act 13-372, June 26, 2000, 47 DCR 5844).

For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Quorum Emergency Amendment Act of 2009 (D.C. Act 18-199, October 10, 2009, 56 DCR 8135).

For temporary (90 day) amendment of section, see § 2 of University of the District of Columbia Board of Trustees Quorum Emergency Amendment Act of 2010 (D.C. Act 18-459, July 7, 2010, 57 DCR 6056).

For temporary (90 day) amendment of section, see § 2(c) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Emergency Amendment Act of 2010 (D.C. Act 18-542, October 9, 2010, 57 DCR 9627).

For temporary (90 day) amendment of section, see § 2(c) of University of the District of Columbia Board of Trustees Quorum and Contracting Reform Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-661, December 30, 2010, 58 DCR 70).

Temporary Legislation

Section 2(b) of D.C. Laws 13-095, in the third sentence, substituted “A majority” for “A total of 8”.

Section 6(b) of D.C. Laws 13-095 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-91 substituted “A majority of the voting members of the Board of Trustees shall constitute a quorum for the transaction of business” for “A total of 8 of the voting members of the Board of Trustees shall constitute a quorum for the transaction of business”.

Section 4(b) of D.C. Law 18-91 provided that the act shall expire after 225 days of its having taken effect.

Section 2(c) of D.C. Law 18-282 amended the section to read as follows:

“Sec. 401. Meetings of Trustees.

“(a)(1) The chairperson or a majority of the members of the Trustees may convene a meeting. The Trustees shall hold meetings periodically, as scheduled by the Trustees; provided, that at least 6 meetings shall be held each year. All meetings shall be held in the District of Columbia. Except as provided in paragraph (2) of this subsection, meetings shall be noticed to the public and open to the public.

“(2) The Trustees may convene in executive session by a vote of a majority of the voting members serving to take action on matters that:

“(A) Relate to personnel or to practices of the Trustees;

“(B) Would result in the disclosure of matters specifically exempted from disclosure by statute; or

“(C) Would result in the disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

“(3) The Board shall keep the minutes of each meeting of the Board and shall make the minutes of each public meeting available to the public for inspection and distribution.

“(b) No official action may be taken at a meeting or an executive session unless a quorum is present; except, that a lesser number may hold a hearing. A majority of the voting members serving on the Board of Trustees shall constitute a quorum.”.

Section 5(a) of D.C. Law 18-282 provided that the act shall expire after 225 days of its having taken effect.


§ 38–1204.02. Advisory committees.

The Trustees shall appoint such advisory committees as are necessary to advise on educational policy. Such advisory committees may consist of members of the Trustees, students, faculty members, parents, and governmental, educational, business, industrial, labor, and community representatives.


(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 402; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2931.)

Prior Codifications

1981 Ed., § 31-1532.

1973 Ed., § 31-1732.


§ 38–1204.03. Gifts and contributions.

(a) The Trustees may accept services, moneys, gifts, endowments, donations, and bequests. The Trustees may in their discretion retain or not retain such in the form in which they are made.

(b) The Trustees shall establish in 1 or more financial institutions in the District of Columbia the District of Columbia Postsecondary Education Fund. There shall be deposited in such fund all gifts and contributions in whatever form, funds in receipt of services rendered, other than tuition, and all moneys not included in the annual operating and capital and educational improvements funds appropriated by Congress. Moneys deposited therein shall be available for investment and shall be distributed in such amounts and in such manner as the Trustees may determine. The Trustees are authorized to administer such fund in whatever manner the Trustees may deem wise and prudent, provided that such administration is lawful and does not impose any fiscal burden on the District of Columbia.

(b-1) The Trustees shall establish in one or more financial institutions in the District of Columbia a District of Columbia School of Law Fund (“Fund”). There shall be deposited in the Fund all gifts and contributions in whatever form, funds received for services rendered by the School of Law, other than tuition, and all monies dedicated to the support of the School of Law not included in the annual operating and capital improvement funds appropriated for the University by Congress. Subject to the applicable laws relating to the appropriation of District funds, the Trustees are authorized to administer the Fund in whatever manner the Trustees may deem wise and prudent, provided that the administration is lawful, in accordance with the fiduciary responsibilities of the Trustees, and does not impose any financial burden on the District of Columbia.

(c) It is not the intent that any income derived as a result of such funds shall take the place of any District or federal appropriations or any part thereof but that it shall supplement such appropriations to the end that the University may improve and increase its functions, may enlarge its areas of service and may become more useful to a greater number of people. Nothing in this section shall be construed to prevent the Trustees from receiving gifts, donations, and bequests from any source and from using the same for such lawful purposes as the donor or donors designate.


(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 403; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2932; Aug. 1, 1996, D.C. Law 11-152, § 301(e), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1533.

1973 Ed., § 31-1733.

Section References

This section is referenced in § 38-1202.01.

Emergency Legislation

For temporary amendment of section, see § 301(e) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(e) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1204.04. Annual report.

The Trustees shall make an annual report to the general public, Mayor, Council, and the Congress on December 31st of each year on the operation of programs and the expenditure of all funds for public postsecondary education in the District of Columbia. Such annual report shall include, but not be limited to, the source, amount, distribution and expenditure of all funds whatever the source; and general student enrollment data, including, but not limited to, race, sex, age, major area of study, previous and current residency and upon graduation or termination of study, employment placement data (consistent with existing statutes and Department of Education regulations).


(Oct. 26, 1974, 88 Stat. 1430, Pub. L. 93-471, title IV, § 404; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2933.)

Prior Codifications

1981 Ed., § 31-1534.

1973 Ed., § 31-1734.

Change in Government

“Department of Education,” referred to in the last sentence of this section, was substituted for “Department of Health, Education and Welfare,” pursuant to § 301 of the Act of October 17, 1979, 93 Stat. 677, Pub. L. 96-88.


§ 38–1204.05. Transfer of appropriation balance; power to contract; Material Fund.

(a) The Board of Education of the District of Columbia is authorized to transfer during the fiscal year any appropriation balance available for one item of appropriation to another item of appropriation or to a new program designated by action of the Board; provided, that any such action under this subsection shall be taken in accordance with the reprogramming policy and laws of the District of Columbia.

(b) Repealed.

(c) There is established, in the General Fund, an account entitled the Material Fund which shall be limited to public school use. The Board of Education is authorized to transfer its authority from the Material Fund to an internal service fund, which transferred authority if not obligated by the end of the first quarter of fiscal year 1981, or each succeeding fiscal year thereafter, shall expire.


(Oct. 26, 1974, 88 Stat. 1430, Pub. L. 93-471, title IV, § 405; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2934; Mar. 3, 1979, D.C. Law 2-139, § 3204(b), 25 DCR 5740; Aug. 22, 1980, D.C. Law 3-82, §§ 3(c), 27 DCR 2647; May 23, 1990, D.C. Law 8-131, § 2, 37 DCR 2211; June 22, 1990, D.C. Law 8-143, § 2, 37 DCR 2972; Apr. 12, 1997, D.C. Law 11-259, § 314(c), 44 DCR 1423; Oct. 19, 2000, D.C. Law 13-172, § 706, 47 DCR 6308.)

Prior Codifications

1981 Ed., § 31-1535.

1973 Ed., § 31-1735.

Section References

This section is referenced in § 1-636.02.

Effect of Amendments

D.C. Law 13-172 deleted former subsec. (b) providing: “Except as provided in § 1-336 § 1-301.110a, 2001 Ed., the Office of Contracting and Procurement shall contract on behalf of the Board of Education for procurement of goods or services necessary for the performance of Board of Education functions.”

Emergency Legislation

For temporary (90-day) amendment of section, see § 706 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 706 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


§ 38–1204.06. Authority of Council.

Notwithstanding any other provision of law, or any rule of law, nothing in this unit shall be construed as limiting the authority of the Council to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Home Rule Act with respect to any matter covered by this unit.


(Oct. 26, 1974, 88 Stat. 1430, Pub. L. 93-471, title IV, § 406; Nov. 1, 1975, D.C. Law 1-36, § 5, 22 DCR 2934.)

Prior Codifications

1981 Ed., § 31-1536.

1973 Ed., § 31-1736.

Emergency Legislation

For temporary addition of section, see § 301(f) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and.

References in Text

“The District of Columbia Home Rule Act,” referred to near the end of the section, is the Act of December 24, 1973, 87 Stat. 774, Pub. L. 93-198, which is codified at Chapter 2 of Title 1, D.C. Official Code.


§ 38–1204.07. Rules for preferential tuition rates for District residents.

(a) Within 90 days of August 1, 1996, the Trustees will consider and adopt uniform rules applicable to students of the University, including the School of Law, setting forth the requirements for preferential tuition rates for bona fide residents of the District of Columbia and requirements for recognition of changes in residency status.

(b) The Trustees shall establish the tuition rate for nonresident students at the University of the District of Columbia flagship undergraduate program, graduate program, and the Community College of the District of Columbia, at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education.


(Oct. 26, 1974, 88 Stat. 1429, Pub. L. 93-471, title IV, § 407; as added Aug. 1, 1996, D.C. Law 11-152, § 301(f), 43 DCR 2978; Sept. 14, 2011, D.C. Law 19-21, § 4062, 58 DCR 6226.)

Prior Codifications

1981 Ed., § 31-1537.

Effect of Amendments

D.C. Law 19-21 designate the existing text as subsec. (a); and added subsec. (b).

Emergency Legislation

For temporary addition of section, see § 301(f) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(f) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).

Section 501 of D.C. Act 11-335 provided for the application of the act.

Short Title

Short title: Section 4061 of D.C. Law 19-21 provided that subtitle G of title IV of the act may be cited as “University of the District of Columbia Nonresident Tuition Amendment Act of 2011”.


Subchapter V. Establishment of Public School of Law.

§ 38–1205.01. Purposes.

In enacting this subchapter, the Council of the District of Columbia supports the following statutory purposes:

(1) To authorize the establishment of a public school of law for the District of Columbia; and

(2) To ensure that the programs and clinical operations of the School of Law of Antioch University, in operation as of February 24, 1987, are adopted initially as the programs and clinical operations of the public School of Law for the District of Columbia.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 501; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 2(a), 36 DCR 8117.)

Prior Codifications

1981 Ed., § 31-1541.

Emergency Legislation

For temporary amendment of section, see § 2(a) of the Public School of Law Amendment Emergency Act of 1990 (D.C. Act 8-151, January 26, 1990, 37 DCR 1060).


§ 38–1205.02. Definitions. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 502; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 2(b), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(g), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1542.

Emergency Legislation

For temporary repeal of §§ 31-1542 through 31-1548 1981 Ed., see § 301(g) through (m) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(g)-(m) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1205.03. Establishment of Board of Governors and School of Law. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 503; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Sept. 12, 1987, D.C. Law 7-22, § 2, 34 DCR 4199; Dec. 10, 1987, D.C. Law 7-51, § 2, 34 DCR 6889; Apr. 30, 1988, D.C. Law 7-104, § 22(a), (b), 35 DCR 147; Mar. 15, 1990, D.C. Law 8-74, § 2(c), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(h), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1543.

Emergency Legislation

For temporary repeal of §§ 31-1542 through 31-1548 1981 Ed., see § 301(g) through (m) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(g)-(m) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1205.04. Board of Governors Nominating Committee. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 504; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Oct. 7, 1987, D.C. Law 7-31, § 6, 34 DCR 3789; Apr. 30, 1988, D.C. Law 7-104, § 22(c), 35 DCR 147; Mar. 15, 1990, D.C. Law 8-74, § 2(d), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(i), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1544.

Emergency Legislation

For temporary repeal of §§ 31-1542 through 31-1548 [1981 Ed.], see § 301(g) through (m) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(g)-(m) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1205.05. Suspension, removal, and termination of Governors. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 505; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 2(e), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(j), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1545.

Emergency Legislation

For temporary repeal of §§ 31-1542 through 31-1548 ]1981 Ed.], see § 301(g) through (m) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(g)-(m) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1205.06. Duties and limitations of the Board of Governors. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 506; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 2(f), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(k), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1546.

Emergency Legislation

For temporary repeal of §§ 31-1542 through 31-1548 [1981 Ed.], see § 301(g) through (m) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(g)-(m) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1205.07. Retirement. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 507; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 301(l), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1547.

Emergency Legislation

For temporary repeal of §§ 31-1542 through 31-1548 [1981 Ed.], see § 301(g) through (m) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(g)-(m) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1205.08. Employment rights. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 508; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 301(m), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1548.

Emergency Legislation

For temporary repeal of §§ 31-1542 through 31-1548 [1981 Ed.], see § 301(g) through (m) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(g)-(m) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


§ 38–1205.09. Review of records.

The District of Columbia Auditor shall, upon request, be provided access to all books, accounts, records, reports, findings and all other papers, things, or property belonging to, or in use by, the School of Law, in accordance with the provisions of § 1-204.55.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 509; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241.)

Prior Codifications

1981 Ed., § 31-1549.


§ 38–1205.10. Preferential tuition for District of Columbia residents.

(a) The Board of Trustees shall, in accordance with § 38-1205.06(c)(7) [repealed], fix tuition to allow bona fide residents of the District of Columbia to attend the School of Law on a preferential tuition basis.

(b) An applicant for preferential tuition shall make a showing of the applicant’s bona fide residence in the District of Columbia. Any applicant for the preferential tuition established under subsection (a) of this section shall be presumed to be a bona fide resident of the District of Columbia if the applicant has been, for 2 continuous years prior to the date of the applicant’s enrollment in the School of Law:

(1) Domiciled in the District of Columbia and paid District of Columbia income taxes; or

(2) Enrolled in a college or university located outside the District of Columbia and been claimed as a dependent on District of Columbia resident tax returns filed by a parent or spouse of the applicant.

(c) Any applicant for the preferential tuition established under subsection (a) of this section who is not presumed to be a bona fide resident of the District of Columbia shall be required to establish by a preponderance of the evidence to the Board of Trustees or its designee that the applicant:

(1) Was a bona fide resident of the District of Columbia for a reasonable duration of time prior to the applicant’s request for preferential tuition; and

(2) Remains a bona fide resident of the District of Columbia.

(d) In determining whether an applicant for preferential tuition under subsection (c) of this section is in fact a bona fide resident of the District of Columbia, the following factors shall be taken into consideration:

(1) Whether the applicant has maintained a year-round home in the District of Columbia, as evidenced by lease or mortgage agreements;

(2) Where the applicant’s driver’s license, if any, was issued;

(3) Where the applicant’s motor vehicle, if any, is registered;

(4) Where the applicant is registered to vote;

(5) What address the applicant has used over the past several years for purposes of filing federal income tax returns, if any;

(6) Whether the applicant is a graduate of a public or private District of Columbia high school; and

(7) Any other factor deemed appropriate by the Board of Trustees.

(e) Any applicant denied preferential tuition shall be permitted to appeal the denial by whatever procedures and to whatever officer of the School of Law as the Board of Trustees shall establish for final determination.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 510; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 2(g), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(n), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1550.

Emergency Legislation

For temporary repeal of section, see § 301(n) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412).

Section 303 of D.C. Act 11-264 provided for the application of § 301(n) of the act.

For temporary amendment of section, see § 201(n) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).

Section 501 of D.C. Act 11-335 provided for application of the act.

References in Text

Section 38-1205.06, referred to in subsection (a), was repealed August 1, 1996, by D.C. Law 11-152.


§ 38–1205.11. Mayoral stipends.

The Mayor shall make available tuition stipends for students of the School of Law who are bona fide residents of the District of Columbia and who agree to employment by the District of Columbia government, or by any public service organization or institution designated by the Mayor, for a period of time immediately following the students’ graduation from the School of Law. The length of service required shall be established by the terms of the stipends. Any stipend recipient who fails to perform the post-graduation work requirement shall be held liable to the District of Columbia for 3 times the amount of stipend funds provided to the recipient.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 511; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241.)

Prior Codifications

1981 Ed., § 31-1551.


§ 38–1205.12. Full faith and credit of the District of Columbia not pledged.

The full faith and credit of the District of Columbia is not pledged for the payment of any principal of or interest on any obligation maintained or entered into by the Antioch School of Law, directly or indirectly, in whole or in part. The District of Columbia is not responsible or liable for payment of any principal of or interest on any obligation entered into by the Antioch School of Law, directly or indirectly, in whole or part.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 512; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241.)

Prior Codifications

1981 Ed., § 31-1552.


§ 38–1205.13. Merger. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title V, § 513; as added Feb. 24, 1987, D.C. Law 6-177, § 2(a), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 2(h), 36 DCR 8117; Aug. 1, 1996, D.C. Law 11-152, § 301(o), 43 DCR 2978.)

Prior Codifications

1981 Ed., § 31-1553.

Emergency Legislation

For temporary repeal of section, see § 301(o) of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412), and § 201(o) of the Fiscal Year 1996 Budget Support Congressional Review Emergency Act of 1996 (D.C. Act 11-335, August 1, 1996, 43 DCR 4256).


Subchapter VI. Establishment of District of Columbia School of Law Within the University of the District of Columbia.

§ 38–1206.01. Establishment. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title VI, § 601; as added Feb. 24, 1987, D.C. Law 6-177, § 2(b), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 3(a), 36 DCR 8117.)

Prior Codifications

1981 Ed., § 31-1561.


§ 38–1206.02. Powers of Trustees. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title VI, § 602; as added Feb. 24, 1987, D.C. Law 6-177, § 2(b), 33 DCR 7241; Mar. 15, 1990, D.C. Law 8-74, § 3(a), 36 DCR 8117.)

Prior Codifications

1981 Ed., § 31-1562.


Subchapter VII. Provision of Tuition Grants.

§ 38–1207.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Eligible caretaker relative” means an individual as defined in § 4-205.15(2)(B), who has primary responsibility for the care of a dependent child.

(2) “Eligible legal guardian” means any individual:

(A) Appointed as a testamentary or appointive guardian pursuant to Chapter 1 of Title 21; and

(B) Necessary for the maintenance of a household as provided in § 4-205.15(2)(D).

(3) “Eligible parent” means a child’s natural or adoptive parent in a family eligible for Temporary Assistance for Needy Families or Program on Work, Employment, and Responsibility pursuant to Chapter 2 of Title 4.

(4) “Tuition grant” means a sum equal to the basic instructional charge for a full- or part-time program at the University and includes all required fees.

(5) “State” means any state of the United States, the District of Columbia, or any territory or possession of the United States.


(Oct. 26, 1974, Pub. L. 93-471, title VII, § 701; as added Feb. 18, 1988, D.C. Law 7-74, § 2, 34 DCR 7946; Apr. 20, 1999, D.C. Law 12-241, § 14, 46 DCR 905.)

Prior Codifications

1981 Ed., § 31-1571.

Emergency Legislation

For temporary amendment of section, see § 14 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 14 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 14 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 45 DCR 521), and § 15 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. 13-19, February 17, 1999, 46 DCR 4292).

Temporary Legislation

Section 14 of D.C. Law 12-230 substituted “Temporary Assistance for Needy Families or Program on Work, Employment, and Responsibility pursuant to Chapter 2 of Title 3” [Chapter 2 of Title 4, 2001 Ed.] for “the Aid to Families with Dependent Children category of public assistance as defined in § 3-201.1(1) [§ 4-201.01, 2001 Ed.] ” in (3).

Section 18(b) of D.C. Law 12-230 provided that the act shall expire after 225 days of its having taken effect.

Mayor's Orders

Establishment of the D.C. Tuition Assistance Grant Program Office and Delegation of Authority under Public Law 106-98, the “District of Columbia College Access Act of 1999”, see Mayor’s Order 2000-138, September 7, 2000 ( 47 DCR 8247).


§ 38–1207.02. Criteria for tuition grant eligibility.

Subject to the limitations provided in §§ 38-1207.03 and 38-1207.05, the University shall admit an eligible parent, a caretaker relative, or a legal guardian, who shall have been certified as eligible by the District of Columbia Department of Human Services, to any scheduled course and shall provide a tuition grant that shall be used exclusively to offset against the charge for tuition and required fees for the eligible student taking 1 or more courses, whether or not taken for credit toward a degree, when the course or courses are being given, when space is available, and when the conditions for enrollment in the course are met.


(Oct. 26, 1974, Pub. L. 93-471, title VII, § 702; as added Feb. 18, 1988, D.C. Law 7-74, § 2, 34 DCR 7946.)

Prior Codifications

1981 Ed., § 31-1572.

Section References

This section is referenced in § 38-1207.03.


§ 38–1207.03. Conditions of enrollment.

All pertinent University rules and regulations, including, but not limited to, those relating to admission standards, shall apply to applicants for admission and to students already enrolled who are eligible for the tuition grant program outlined in § 38-1207.02.


(Oct. 26, 1974, Pub. L. 93-471, title VII, § 703; as added Feb. 18, 1988, D.C. Law 7-74, § 2, 34 DCR 7946.)

Prior Codifications

1981 Ed., § 31-1573.

Section References

This section is referenced in § 38-1207.02.


§ 38–1207.04. Report on grant program participation.

At the termination of each semester, the Trustees of the University shall furnish to the Council of the District of Columbia a statement of:

(1) The number of persons who, during that semester, received tuition grants and participated in one or more courses pursuant to the provisions of this subchapter;

(2) The total number of course enrollments attributable to these persons;

(3) The number of individuals included in the response to paragraph (1) of this section who successfully completed each course, who dropped out, or who otherwise did not complete a course in which the individual had enrolled; and

(4) The total amount of funds granted for the semester pursuant to this program to offset charges for tuition and required fees.


(Oct. 26, 1974, Pub. L. 93-471, title VII, § 704; as added Feb. 18, 1988, D.C. Law 7-74, § 2, 34 DCR 7946.)

Prior Codifications

1981 Ed., § 31-1574.


§ 38–1207.05. Limitation on grants.

No tuition grant pursuant to this subchapter shall be offered or approved for any student who has previously been the recipient of a tuition grant but has failed to remain in good academic standing by reason of neglect of the student’s academic work.


(Oct. 26, 1974, Pub. L. 93-471, title VII, § 705; as added Feb. 18, 1988, D.C. Law 7-74, § 2, 34 DCR 7946.)

Prior Codifications

1981 Ed., § 31-1575.

Section References

This section is referenced in § 38-1207.02.


§ 38–1207.06. Additional educational opportunities.

This subchapter shall not be construed to prohibit the University from offering eligible parents, caretaker relatives, or legal guardians eligible pursuant to this subchapter additional financial assistance, additional educational opportunities free of charge or at reduced charge, or other assistance supplemental to or in addition to the minimum requirements specified by this subchapter.


(Oct. 26, 1974, Pub. L. 93-471, title VII, § 706; as added Feb. 18, 1988, D.C. Law 7-74, § 2, 34 DCR 7946.)

Prior Codifications

1981 Ed., § 31-1576.


§ 38–1207.07. Budget account.

The Trustees shall set aside funds in an appropriate budget account or accounts to provide for the grants authorized in this subchapter. In providing funds for a tuition grant pursuant to this subchapter, the Trustees shall first ensure that the University or the student has applied for any federal educational grant funds available to the University or to the student for this purpose, and the Trustees shall use District of Columbia appropriated funds or other University funds only for that part of the tuition grant that exceeds the amount of federal educational grant funds available. In the case of a student who meets all eligibility requirements for direct federal educational grant funds and has made timely application for these grant funds but the funds have not been received by either the University or the student, the University shall credit the student’s account in an amount not less than the federal educational grant funds for which the student is eligible and not more than the student’s tuition and fees. Upon receipt of federal grant funds by the University, the University shall apply the funds received to the student’s account; or, upon receipt of federal grant funds by the student, the student shall immediately repay to the University the amount credited by the University.


(Oct. 26, 1974, Pub. L. 93-471, title VII, § 707; as added Feb. 18, 1988, D.C. Law 7-74, § 2, 34 DCR 7946.)

Prior Codifications

1981 Ed., § 31-1577.

Emergency Legislation

For temporary (90 day) addition of §§ 38-1208.01 to 38-1208.06, see § 2102 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).


Subchapter VIII. Office of Vocational Education and Skills Training.

§ 38–1208.01. Definitions.

For the purposes of this subchapter, the term:

(1) Repealed.

(2) “DCPS” means the District of Columbia Public Schools.

(3) “UDC” means the University of the District of Columbia.

(4) “VEST” means the Office of Vocational Education and Skills Training.


(Oct. 26, 1974, Pub. L. 93-471, Title VIII, § 801; as added Oct. 1, 2002, D.C. Law 14-190, § 2202, 49 DCR 6968; Mar. 13, 2004, D.C. Law 15-105, § 70, 51 DCR 881; Apr. 13, 2005, D.C. Law 15-354, § 85(d), 52 DCR 2638; May 2, 2015, D.C. Law 20-271, § 263(a), 62 DCR 1884.)

Effect of Amendments

D.C. Law 15-105, in par. (1), validated a previously made technical correction.

D.C. Law 15-354 validated a previously made technical correction.

The 2015 amendment by D.C. Law 20-271 repealed (1).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 263(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 263(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 38–1208.02. Establishment of the Office of Vocational Education and Skills Training at the University of the District of Columbia.

(a) Pursuant to § 1-204.04(b), the Council establishes an Office of Vocational Education and Skills Training under the President of the University of the District of Columbia.

(b) VEST shall be responsible for the oversight and coordination of all government-sponsored vocational education, adult apprenticeship, and workforce skills training performed by UDC and DCPS.


(Oct. 26, 1974, Pub. L. 93-471, title VIII, § 802; as added Oct. 1, 2002, D.C. Law 14-190, § 2202, 49 DCR 6968.)


§ 38–1208.03. Establishment of Advisory Board. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title VIII, § 803; as added Oct. 1, 2002, D.C. Law 14-190, § 2202, 49 DCR 6968; May 2, 2015, D.C. Law 20-271, § 263(b), 62 DCR 1884.)

Section References

This section is referenced in § 38-1208.01.

Emergency Legislation

For temporary (90 days) repeal of this section, see § 263(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) repeal of this section, see § 263(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 38–1208.04. Requirements of short-term plan. [Repealed]

Repealed.


(Oct. 26, 1974, Pub. L. 93-471, title VIII, § 804; as added Oct. 1, 2002, D.C. Law 14-190, § 2202, 49 DCR 6968; May 2, 2015, D.C. Law 20-271, § 263(c), 62 DCR 1884.)

Section References

This section is referenced in § 38-1208.03.

Emergency Legislation

For temporary (90 days) repeal of this section, see § 263(c) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) repeal of this section, see § 263(c) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 38–1208.05. Executive Director.

(a) VEST shall be directed by an Executive Director who shall be appointed by the President of UDC, with the advice and consent of the Board of Trustees of UDC.

(b) The Executive Director shall employ staff as needed, in accordance with annual appropriations.


(Oct. 26, 1974, Pub. L. 93-471, title VIII, § 805; as added Oct. 1, 2002, D.C. Law 14-190, § 2202, 49 DCR 6968.)


§ 38–1208.06. Funding.

There is authorized to be appropriated from the general revenues of the District of Columbia funds necessary to carry out the purposes of this subchapter.


(Oct. 26, 1974, Pub. L. 93-471, title VIII, § 806; as added Oct. 1, 2002, D.C. Law 14-190, § 2202, 49 DCR 6968.)


§ 38–1231.01. Biennial audits of UDC Endowment Fund. [Repealed]

Repealed.


(Oct. 19, 2000, D.C. Law 13-172, § 2407, 47 DCR 6308; Aug. 17, 2016, D.C. Law 21-143, § 11, 63 DCR 7589.)

Emergency Legislation

For temporary (90 days) repeal of this section, see § 10 of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).

For temporary (90-day) authorization of biennial audits of endowment fund, see § 2407 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 2407 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


§ 38–1241.01. Transfer of capital budget authority and funding to the University of the District of Columbia.

Beginning October 1, 2009, all University of the District of Columbia (“UDC”) capital projects shall be the responsibility of UDC to implement. The budget authority and any unexpended balances of appropriations, allocations, income, and other funds for all UDC capital projects shall be transferred from the Department of Real Estate Services (formerly, the Office of Property Management) to UDC upon October 15, 2009.


(Mar. 3, 2010, D.C. Law 18-111, § 4141, 57 DCR 181.)

Emergency Legislation

For temporary (90 day) addition, see § 4141 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) addition, see § 4141 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 4140 of D.C. Law 18-111 provided that subtitle O of title IV of the act may be cited as the “Transfer of Capital Budget Authority and Funding to the University of the District of Columbia Act of 2009”.


§ 38–1251.01. University of the District of Columbia Debt Collection Fund.

(a) There is established as a special fund the University of the District of Columbia Debt Collection Fund (“Fund”), which shall be administered by the University of the District of Columbia in accordance with subsection (c) of this section.

(b) The fund shall consist of the revenue from the collection of unpaid student tuition, student fees, and student loans by the Central Collection Unit in accordance with subchapter XVII of Chapter 3 of Title 1 [§ 1-350.01 et seq.].

(c) The Fund shall be used for expenses associated with the operations of the University of the District of Columbia.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization by Congress, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.


(Dec. 24, 2013, D.C. Law 20-61, § 7033, 60 DCR 12472.)

Section References

This section is referenced in § 1-350.02a.

Cross References

Collection on behalf of the University of the District of Columbia, § 1-350.02a.

Emergency Legislation

For temporary (90 days) addition of this section, see § 7033 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 7033 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7031 of D.C. Law 20-61 provided that Subtitle C of Title VII of the act may be cited as the “Delinquent Debt Recovery Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.