Code of the District of Columbia

Subchapter V. School Facilities Repair and Improvement.


Subpart A. School Facilities.

§ 38–1805.50. Definitions.

For purposes of this subchapter —

(1) The term “facilities” means buildings, structures, and real property of the District of Columbia public schools, except that such term does not include any administrative office building that is not located in a building containing classrooms; and

(2) The term “repair and improvement” includes administration, construction, and renovation.


(Apr. 26, 1996, 110 Stat. 1321 [261], Pub. L. 104-134, § 2550.)

Prior Codifications

1981 Ed., § 31-2853.50.


§ 38–1805.51. Technical assistance. [Repealed]

Repealed.


(Apr. 26, 1996, 110 Stat. 1321 [262], Pub. L. 104-134, § 2551; June 8, 2006, D.C. Law 16-123, § 222(a), 53 DCR 2843.)

Prior Codifications

1981 Ed., § 31-2853.51.


§ 38–1805.52. Facilities Master Plan.

In developing the Facilities Master Plan pursuant to § 38-2803, the Mayor shall consult with the Council, the Director of the Office of Public Education Facilities Modernization, the Public Charter School Board, and representatives of public charter schools, and shall consider the facilities needs of all public school students.


(Apr. 26, 1996, 110 Stat. 1321 [263], Pub. L. 104-134, § 2552; Nov. 13, 2003, D.C. Law 15-39, § 322, 50 DCR 5668; June 8, 2006, D.C. Law 16-123, § 222(b), 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 802(g), 54 DCR 4102; May 2, 2015, D.C. Law 20-271, § 315, 62 DCR 1884.)

Prior Codifications

1981 Ed., § 31-2853.52.

Section References

This section is referenced in § 47-392.25.

Effect of Amendments

D.C. Law 15-39 rewrote subsec. (a)(1).

D.C. Law 16-123 rewrote section.

D.C. Law 17-9 substituted “Mayor shall consult with the Council, the Director of the Office of Public Education Facilities Modernization,” for “Superintendent and Board of Education shall consult with the Mayor, the Council”.

The 2015 amendment by D.C. Law 20-271 substituted “and representatives of public charter schools” for “representatives of public charter schools, and the Public School Modernization Advisory Committee.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 322 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 322 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) repeal of section 804 of D.C. Law 17-9, see § 4043(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 days) amendment of this section, see § 315 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, November 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 315 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).

Short Title

Short title of subtitle C of title III of Law 15-39: Section 321 of D.C. Law 15-39 provided that subtitle C of title III of the act may be cited as the Public Schools Facilities Master Plan Amendment Act of 2003.

Editor's Notes

Applicability: Section 804 of D.C. Law 17-9 provided that section 802 shall apply upon enactment by Congress. Section 804 of D.C. Law 17-9 was repealed by section 4043(b) of D.C. Law 17-20.

Establishment of Process and Time Deadlines for the Program to Revitalize Public Schools Resolution of 1996: Pursuant to Resolution 11-629, effective December 3, 1996, Council established a process and time deadline for development of a program designed to provide for the repair and improvement, and the maintenance and management of District of Columbia public school facilities, and to designate an agency or authority to administer the program.


Subpart B. Waivers.

§ 38–1805.61. Waivers.

(a) In general. —

(1) Requirements waived. — Subject to subsection (b) of this section, all District of Columbia fees and all requirements contained in the document entitled “District of Columbia Public Schools Standard Contract Provisions” (as such document was in effect on November 2, 1995 and including any revisions or modifications to such document) published by the District of Columbia public schools for use with construction or maintenance projects, are waived, for purposes of repair and improvement of District of Columbia public schools facilities for a period beginning on April 26, 1996, and ending 24 months after such date.

(2) Donations. — Any individual may volunteer his or her services or may donate materials to a District of Columbia public school facility for the repair and improvement of such facility provided that the provision of voluntary services meets the requirements of 29 U.S.C. 203(e)(4).

(b) Limitation. — A waiver under subsection (a) of this section shall not apply to the Davis-Bacon Act (40 U.S.C. 276a et seq.) [revised, now see 40 U.S.C. 3142] or Executive Order 11246 or other civil rights standards.


(Apr. 26, 1996, 110 Stat. 1321 [263], Pub. L. 104-134, § 2561; Sept. 9, 1996, 110 Stat. 2356 2377, Pub. L. 104-194, § 148; Sept. 30, 1996, 110 Stat. 3009 1473, Pub. L. 104-208, § 5205(h).)

Prior Codifications

1981 Ed., § 31-2853.53.


Subpart C. Gifts, Donations, Bequests, and Devises.

§ 38–1805.71. Gifts, donations, bequests, and devises.

(a) In general. — A District of Columbia public school or a public charter school may accept directly from any person a gift, donation, bequest, or devise of any property, real or personal, without regard to any law or regulation of the District of Columbia.

(b) Tax laws. — For the purposes of the income tax, gift tax, and estate tax laws of the Federal Government, any money or other property given, donated, bequeathed, or devised to a District of Columbia public school or a public charter school, shall be deemed to have been given, donated, bequeathed, or devised to or for the use of the District of Columbia.


(Apr. 26, 1996, 110 Stat. 1321 [264], Pub. L. 104-134, § 2571.)

Prior Codifications

1981 Ed., § 31-2853.54.