Code of the District of Columbia

Subchapter II. District of Columbia State Athletics Commission.


§ 38–2661.11. District of Columbia State Athletics Commission; establishment; composition; terms; vacancies.

(a) There is established, as an independent agency, a commission to be known as the District of Columbia State Athletics Commission.

(b) The Commission shall consist of 9 voting members, appointed by the Mayor, with the advice and consent of the Council, in accordance with § 1-523.01(f), and 6 ex-officio nonvoting members.

(c)(1) At least one of each of the following shall be appointed as a voting member of the Commission:

(A) A parent of a student enrolled in member public charter school located in the District;

(B) A parent of a student enrolled in a DCPS school;

(C) A parent of a student enrolled at a private or parochial member school located in the District;

(D) A member of the District of Columbia Interscholastic Athletic Association, or its successor; and

(E) A member of the Public Charter Interscholastic Athletic Association, or its successor, if a majority of public charter schools that offer interscholastic athletics programs are members of the DCSAA.

(2) Voting members shall be residents of the District of Columbia.

(3)(A) Voting members shall serve regular terms of 4 years and may be reappointed for a single term of 4 years, except that of the members first appointed, the Mayor shall designate 3 to serve terms of 4 years, 2 to serve terms of 3 years, 2 to serve terms of 2 years, and 2 to serve a term of one year.

(B) The initial term for voting members shall begin on the date that a majority of the voting members are sworn in, which shall become the anniversary date for all subsequent appointments.

(C) Where a vacancy occurs for reasons other than the expiration of the voting member's term, the Mayor shall appoint, with the advice and consent of the Council, an individual to serve in the vacant position, taking into consideration the criteria of this subsection.

(D) Any voting member appointed to fill a vacancy shall be appointed only for the remainder of the predecessor's term.

(E) A vacancy appointment shall not count toward the term-limits otherwise provided in this paragraph.

(4) The Mayor shall not remove a voting member except for cause.

(d)(1) The ex-officio nonvoting members of the Commission shall be:

(A) The Director of OSSE, or his or her designee;

(B) The Chancellor of DCPS, or his or her designee;

(C) The Chair of the Public Charter School Board, or his or her designee;

(D) The Deputy Mayor for Education, or his or her designee;

(E) The Director of the Department of Parks and Recreation, or his or her designee; and

(F) The Director of the Department of General Services, or his or her designee.

(2) Nonvoting members shall support the Commission by providing information and advice related to interscholastic athletic programming and by advancing policies and programs consistent with the work of the Commission.


(Apr. 7, 2017, D.C. Law 21-263, § 103, 64 DCR 2110.)

Applicability

Section 7033 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-263. Therefore the changes made to this section by D.C. Law 21-263 have been given effect.

Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the creation of this section by § 103 of D.C. Law 21-263 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 38–2661.12. Commission administration.

(a) The Commission shall choose annually from among its members a Chairperson and such other officers as it deems necessary. All meetings of the Commission shall be called by the Chairperson or a majority of the members, except the first meeting of the Commission shall be called by the Mayor.

(b) A majority of the Commission's voting members, not including any vacant or unfilled positions, shall constitute a quorum sufficient for conducting the business of the Commission.

(c)(1) The Commission shall meet at least quarterly.

(2) All meetings shall be held in the District, be open to the public, and provide a reasonable time during the meeting for public comment.

(3) A voting member's absence from 2 consecutive meetings or any 3 meetings in a calendar year shall be cause for removal.

(d) Members of the Commission shall serve without compensation, but shall be entitled to receive, in accordance with applicable District of Columbia law, reimbursement for expenses incurred while actually performing duties vested in the Commission.

(e)(1) The Commission shall employ an Executive Director and may employ such other staff as necessary to support its efficient operation.

(2) The Commission shall appoint the Executive Director, who shall serve a 3-year term, by majority vote. The Executive Director may be reappointed by a majority vote. After notice and an opportunity to be heard, the Commission may remove the Executive Director only for cause that relates to the Executive Director's character or efficiency by a majority vote of the Commission.

(f) Within 100 days after the date on which a majority of the voting members are sworn in, the Commission shall adopt rules of governance and procedure pertaining to its operations and the operations of athletic appeals panels, which it shall make publicly available.

(g) Repealed.


(Apr. 7, 2017, D.C. Law 21-263, § 104, 64 DCR 2110; Oct. 30, 2018, D.C. Law 22-168, § 4012, 65 DCR 9388.)

Applicability

Section 7033 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-263. Therefore the changes made to this section by D.C. Law 21-263 have been given effect.

Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the creation of this section by § 104 of D.C. Law 21-263 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4012 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4012 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 38–2661.13. Duties of the Commission.

The Commission shall:

(1) Oversee the functions and operations of the DCSAA;

(2) Recommend changes to and annually approve the DCSAA handbook;

(3) Establish athletic appeals panels pursuant to § 38-2661.14 and issue the final decisions of such panels;

(4) Advise the Mayor, OSSE, and the Council on matters related to interscholastic athletics in the District and recommend rules to regulate interscholastic athletics programs and competitions; and

(5) Take actions necessary and consistent with the laws of the District to implement its duties under this section.


(Apr. 7, 2017, D.C. Law 21-263, § 105, 64 DCR 2110.)

Applicability

Section 7033 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-263. Therefore the changes made to this section by D.C. Law 21-263 have been given effect.

Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the creation of this section by § 105 of D.C. Law 21-263 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 38–2661.14. Commission athletic appeals panels.

(a) The Commission shall establish athletic appeals panels to hear appeals from LEA decisions related to participant eligibility and decisions of the DCSAA.

(b)(1) The Chairperson of the Commission shall appoint a separate athletic appeals panel for each matter brought before the Commission. Each panel shall be composed of 3 voting members.

(2) A voting member who represents an athletic league shall not hear an appeal to which a member of the same athletic league is a party.

(3) A voting member of the Commission shall disclose a potential conflict of interest, as defined by the Commission in its rules of governance and procedure, in any matter before the Commission and shall not be appointed to an appeals panel for that matter.

(c) An athletic appeals panel shall hear all issues relating to an appeal de novo, except that the evidence before the panel shall be limited to the record made before the LEA or the DCSAA unless a party seeks to introduce relevant evidence that, in the exercise of reasonable diligence, it could not have produced during the initial hearing on the complaint or that was improperly excluded from the initial hearing on the complaint.

(d)(1) In a written decision, the Commission shall issue the decision of an athletic appeals panel affirming or denying the decision of an LEA or the DCSAA.

(2) The decision of the Commission shall be final.


(Apr. 7, 2017, D.C. Law 21-263, § 106, 64 DCR 2110.)

Applicability

Section 7033 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-263. Therefore the changes made to this section by D.C. Law 21-263 have been given effect.

Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the creation of this section by § 106 of D.C. Law 21-263 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).