Code of the District of Columbia

Subchapter I. General.


§ 38–2901. Definitions.

For the purposes of this chapter, the term:

(1) “Adult education” means services or instruction below the college level for adults who:

(A) Lack sufficient mastery of basic educational skills to enable them to function effectively in society;

(B) Do not have a certificate of graduation from a school providing secondary education and who have not achieved an equivalent level of education; or

(C) Have limited ability in speaking, reading, writing, or understanding the English language and whose native language is a language other than English.

(1A) “Allowable special education costs” means costs incurred for the following purposes:

(A) Instruction, salaries, benefits, supplies, textbooks, and other expenses, including:

(i) The cost of salaries and benefits of special education program teachers, regular program teachers, and teacher aides, allocated to the corresponding working time that each person devotes to special education, including services required by an individualized education program;

(ii) Teaching supplies and textbooks for special education programs;

(iii) The purchase, rental, repair, and maintenance of instructional equipment required to implement a student’s individualized education program;

(iv) Professional development activities for teachers who work with, or provide services to, students with disabilities;

(v) Contracted services, including fees paid for professional services, advice, and consultation regarding children with disabilities under the IDEA, and the delivery of special education services by public or private entities; and

(vi) Transportation costs for special education instructional personnel who travel on an itinerant basis from school to school or to in-state and out-of-state individualized education program meetings;

(B) Related services as defined in 34 CFR § 300.34 and supplementary aids and services as defined in 34 CFR § 300.42 and also including the following:

(i) Salaries and benefits of professional supportive personnel, corresponding to the working time that each person devotes to implementing services required pursuant to an individualized education program (“IEP”) as defined in 34 CFR § 300.22.

(ii) Salaries and benefits of clerical personnel who assist professional personnel in supportive services, corresponding to the working time that each person devotes to special education services or program;

(iii) Supplies for related services and supplementary aids and services;

(iv) Contracted services, including fees paid for professional advice and consultation regarding children with disabilities under the IDEA or related services and supplementary aids and services, and the delivery of such services by public or private agencies;

(v) Transportation for special education-related services personnel and providers of supplementary aides who travel from school to school or to in-state and out-of-state individualized education program meetings; and

(vi) Equipment purchase, rental, repair, and maintenance required to implement related services and supplementary aids and services as required by a student’s individualized education program;

(C) Administrative expenses related to the direct implementation of IDEA Part B programmatic and fiscal requirements within the public school, including:

(i) Salaries and benefits of staff who ensure programmatic and fiscal requirements of IDEA are being implemented, corresponding to the working time that each person devotes to the implementation of IDEA;

(ii) Contracted services, including fees paid for professional services, advice, and consultation regarding the implementation of IDEA, and the delivery of special education services to students with IEPs by public or private entities;

(D) Assistive technology devices for students with IEPs, not including medical devices surgically implanted (i.e., cochlear implant);

(E) Implementation of due process hearing decisions;

(F) Implementation of compensatory education plans;

(G) Implementation of coordinated early intervening services programs (CEIS) as defined in 34 CFR § 300.226; and

(H) Transition of a student back into public schools in the District who, as a result of an IEP decision or due process hearing decision, is currently attending non-public schools.

(1B) “Alternative program” means specialized instruction for students under court supervision or who have a history of being on short- or long-term suspension or who have been expelled from school, or who meet other criteria as defined by the State Education Office through rulemaking. To qualify as an alternative program, a school must meet the criteria and rules set by the State Education Office. An alternative program may describe an entire school or a specialized program within a school.

(2) Repealed.

(2A) “At-risk” means a DCPS student or a public charter school student who is identified as one or more of the following:

(A) Homeless;

(B) In the District’s foster care system;

(C) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or

(D) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled.

(2B) “Central administration” means the functions necessary for the governance of a school district as a whole, including general oversight and management of support services such as procurement, human resources, and financial administration. The term “central administration” does not include any functions that are:

(A) Budgeted at the individual school level; or

(B) Budgeted centrally and which support costs associated with programs and services provided at the school level or directly to students.

(3) “Consumer Price Index” (“CPI”) means the Consumer Price Index for all urban consumers for Washington, DC-MD-VA, Index Base Period 1982-84 or its successor, as issued by the United States Department of Labor, Bureau of Labor Statistics.

(4) “District of Columbia Public Schools” (“DCPS”) means the public local education system under the control of the Board of Education or of the Emergency Transitional Education Board of Trustees in its function. The term does not include Public Charter Schools.

(5) “Foundation” or “foundation level” means the amount of funding per weighted student needed to provide adequate regular education services to students. Regular education services do not include special education, language minority education, summer school, capital costs, state education agency functions or services funded through federal and other non-appropriated revenue sources.

(6) “Full-time equivalent” means student enrollment the equal of:

(A) Five hours or more per school day for a minimum of 180 school days for students enrolled in grades pre-school through 12; or

(B) Three hours per day for a minimum of 4 days per week for 36 weeks per school year for adult enrollment.

(6A) “Intensive Program of Special Education Services” means specialized special education services of at least 30 hours per student per week for students with one or more disabling conditions in a self-contained setting during regular school hours.

(7) “Limited English Proficient/Non-English Proficient” (“LEP/NEP”) means students identified in accordance with federal law as entitled to English as a second language or bilingual services on the basis of their English language proficiency.

(8) “Per student funding formula” (“Formula”) means the formula used to determine annual operating funding for DCPS and Public Charter Schools on a uniform per student basis, pursuant to § 38-1804.01.

(9) “Public Charter School” means a publicly funded school established pursuant to subchapter II of Chapter 18 of this title; and except as provided in §§ 38-1802.12(d)(5) and 38-1802.13(c)(5), is not a part of the DCPS.

(10) “Residential school” means a DCPS or Public Charter School that provides students with room and board in a residential setting, in addition to their instructional program.

(10A) “Resident student” means a minor enrolled in a District of Columbia public school or public charter school who has a parent, guardian, or custodian residing in the District of Columbia or an adult enrolled in a District of Columbia public school or a public charter school who resides in the District of Columbia as determined pursuant to Chapter 3 of this title [§ 38-302 et seq.].

(10B) “Self-Contained (Dedicated) Special Education School” means a school that has the capacity to provide all the facilities and services needed to meet the educational and therapeutic needs of its students, which may share a campus or only a building with a general education school.

(11) “Special education” means specialized services for students identified as having disabilities, as provided in section 101(a)(1) of the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1401(a)(1)), or students who are individuals with a disability as provided in section 7(8) of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 359; 29 U.S.C. § 706(8)).

(11A) “Special Education Capacity Fund” means funds provided to public schools through the Formula to support activities required to improve the quality of special education programming available to students and to ensure that all personnel necessary to carry out Part B of the Individuals with Disabilities Education Act (“IDEA”) pursuant to 34 CFR § 300.207, are appropriately and adequately prepared, subject to the requirements of 34 CFR § 300.156 related to personnel qualifications for teachers, related service providers, and paraprofessionals.

(11B) “Special Education Compliance Fund” means funds provided to public schools through the “Formula” to support activities required to address identified noncompliance with federal and local laws and regulations regarding the provision of special education services to students with disabilities.

(11C) “Special Education Payment” means funding appropriated by the District through the “Formula” in the following budget categories: Special education schools, Special Education Add-ons, Special Education Capacity Fund, Special Education Compliance Fund, Residential Add-ons for Special Education, and Special Education Add-ons for Students with Extended School Year (“ESY”) Indicated in Their Individualized Education Programs.

(11D) “Special Education School” means a separate DCPS or public charter day school or residential school dedicated exclusively to serving special education students at levels 4 or 5.

(12) “State level costs” means costs incurred by the DCPS in its function as a state education agency, including the census of minors pursuant to § 38-204, impact aid surveys, issuance of work permits, conduct of hearings and appeals, employee certification, administration of federal aid to agencies or institutions outside of the DCPS or Public Charter Schools administration. For purposes of the Formula, transportation of students with disabilities and payment of tuition for private placements of children with disabilities are considered state level costs.

(13) “Summer school” means an accelerated instructional program provided outside the regular school year of 180 days for students in targeted grades or grade spans pursuant to promotion policies of the District of Columbia Public Schools and public charter schools.

(14) “Weighting” is a multiplication factor applied to the foundation cost for student counts in certain grade levels or special needs programs to account for differences in the cost of educating these students.


(Mar. 26, 1999, D.C. Law 12-207, § 102, 45 DCR 8095; Oct. 1, 2002, D.C. Law 14-190, § 3402(a), 49 DCR 6968; Apr. 13, 2005, D.C. Law 15-348, § 101(a), 52 DCR 1991; Mar. 2, 2007, D.C. Law 16-192, § 4002(a), 53 DCR 6899; Apr. 24, 2007, D.C. Law 16-305, § 57(a), 53 DCR 6198; Sept. 18, 2007, D.C. Law 17-20,§ 4002(a), 54 DCR 7052; Sept. 14, 2011, D.C. Law 19-21, § 4003(a), 58 DCR 6226; Feb. 22, 2014, D.C. Law 20-87, § 4(a), 61 DCR 309; Feb. 26, 2015, D.C. Law 20-155, § 4012, 61 DCR 9990.)

Prior Codifications

1981 Ed., § 31-2901.

Section References

This section is referenced in § 38-1804.01, § 38-2601.02, § 38-2652, § 38-2831, and § 38-2905.

Effect of Amendments

D.C. Law 14-190 added par. (11A).

D.C. Law 15-348 added par. (10A).

D.C. Law 16-192 added par. (1A); repealed par. (2); and rewrote pars. (6) and (13).

D.C. Law 16-305, in par. (12), substituted “students with disabilities” for “handicapped students” and “children with disabilities” for “handicapped children”.

D.C. Law 17-20 added pars. (6A) and (10B).

D.C. Law 19-21 redesignated par. (1A) as (1B) and par. (11A) as (11D); and added pars. (1A) and (11A) to (11C).

The 2014 amendment by D.C. Law 20-87 added (2A) and (2B).

The 2015 amendment by D.C. Law 20-155 rewrote (1B).

Emergency Legislation

For temporary (90 days) requirement that each public charter school that received Fiscal-Year-2017-based uniform per student funding formula payments shall receive certain payment in Fiscal Year 2018, see § 203 of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary addition of chapter, see §§ 2-15 of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Second Emergency Act of 1998 (D.C. Act 12-392, July 17, 1998, 45 DCR 6433), and §§ 2-15 of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Congressional Review Emergency Act of 1999 (D.C. Act 13-15, February 10,

For temporary (90 days) amendment of this section, see § 4012 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4012 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4012 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 days) provision regarding payments to public charter schools, see § 204 of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

Section 2(a) of D.C. Laws 13-427 added paragraph 10A to read as follows:

Section 6(b) of D.C. Laws 13-427 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 13-262 added (11A) to read as follows:

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

Section 2(a) of D.C. Law 14-6 added a new par. (11A) to read as follows:

“(11A) ‘Special education school’ means a specialized instructional program for students with disabilities as described in paragraph (11) of this section whose individual education plan calls for full-time placement in special education services.”

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

Section 2(a) of D.C. Law 14-38 added a new paragraph (10A) to read as follows:

“(10A) ‘Resident student’ means a student who is enrolled in a District of Columbia public school or a public charter school, and is an adult who resides in the District of Columbia, or is a minor who has a parent, guardian, or custodian residing in the District of Columbia.”.

Section 6(b) of D.C. Law 14-38 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 15-67 added par. (10A) to read as follows:

“(10A) ‘Resident student’ means a minor enrolled in a District of Columbia public school or public charter school who has a parent, guardian, or custodian residing in the District of Columbia or an adult enrolled in a District of Columbia public school or a public charter school who resides in the District of Columbia.”

Section 6(b) of D.C. Law 15-67 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 12-180 enacted §§ 31-2901 through 31-2912, comprising Chapter 29 of Title 31 1981 Ed. .

Section 18(b) of D.C. Law 12-180 provided that this act shall expire after 225 days of its having taken effect.

Short Title

Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act: D.C. Law 12-207 provided that this chapter may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998.”

Short title of subtitle A of title XXXIV of Law 14-190: Section 3401 of D.C. Law 14-190 provided that subtitle A of title XXXIV of the act may be cited as the Uniform Per Student Funding Formula for Public School and Public Charter Schools Amendment Act of 2002.

Short title: Section 4001 of D.C. Law 16-192 provided that subtitle A of title IV of the act may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2006”.

Short title: Section 4001 of D.C. Law 17-20 provided that subtitle A of title IV of the act may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2007”.


§ 38–2902. Applicability of Formula.

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

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

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


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

Prior Codifications

1981 Ed., § 31-2902.

Emergency Legislation

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

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

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

Temporary Legislation

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

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

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

“(c) Repealed.”

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

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

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

See Historical and Statutory Notes following § 38-2901.


§ 38–2903. Foundation level.

(a) The foundation level or cost of providing public education services is $10,658 per student for Fiscal Year 2019 and subsequent fiscal years. The foundation level may be revised in subsequent years in accordance with provisions for inflation, revenue unavailability, and periodic review and revision of the Formula, pursuant to §§ 38-2909, 38-2910, and 38-2911.

(b) By December 31, 2018, and annually thereafter, the Mayor shall transmit to the Council the algorithm that will be used to determine the next fiscal year's Formula foundation level, which shall include variables for the cost of teachers and other classroom-based personnel and for both school-based and non-school-based administrative personnel. The Office of the State Superintendent of Education shall publish the algorithm on its website.


(Mar. 26, 1999, D.C. Law 12-207, § 104, 45 DCR 8095; Oct. 1, 2002, D.C. Law 14-190, § 3402(b), 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 102(a), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 312(a), 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 4002(a), 51 DCR 8441; Oct. 20, 2005, D.C. Law 16-33, § 4012(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, § 4002(b), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 4002(b), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4016(a), 55 DCR 7598; Sept. 24, 2010, D.C. Law 18-223, § 4022(a), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(a), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4003(b), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 4002(a), 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 4002(a), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4002(a), 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 4002(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4002(a), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 201(a), 65 DCR 5091; Oct. 30, 2018, D.C. Law 22-168, § 4002(a), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 31-2903.

Effect of Amendments

D.C. Law 14-190 substituted “$6,555 per student for 2003” for “$5,500 per-student for FY 1999,”.

D.C. Law 14-307 substituted “$6,419” for “$6,555”.

D.C. Law 15-39 substituted “$6,551 per student for FY 2004” for “$6,419 per student for 2003”.

D.C. Law 15-205 substituted “$6,903.60 per student for FY 2005 and subsequent fiscal years” for “$6,551 per student for 2004”.

D.C. Law 16-33 substituted “7,307.47 per student for FY 2006” for “$6,903.60 per student for FY 2005”.

D.C. Law 16-192 substituted “$8,002.06 per student for FY 2007” for “$7,307.47 per student for FY 2006”.

D.C. Law 17-20 substituted “$8,322.00 per student for fiscal year 2008” for “$8,002.06 per student for FY 2007”.

D.C. Law 17-219 substituted “$8,770 per student for fiscal year 2009” for “$8,322.00 per student for fiscal year 2008”.

D.C. Law 18-223 substituted “$8,945 per student for fiscal year 2011” for “$8,770 per student for fiscal year 2009”.

D.C. Law 18-370 substituted “$8,770 per student for fiscal year 2011” for “$8,945 per student for fiscal year 2011”.

D.C. Law 19-21 substituted “$8,945 per student for fiscal year 2012” for “$8,770 per student for fiscal year 2011”.

The 2012 amendment by D.C. Law 19-168 substituted “$9,124 per student for fiscal year 2013” for “$8,945 per student for fiscal year 2012” in the first sentence.

The 2013 amendment by D.C. Law 20-61 substituted “$9,306 per student for fiscal year 2014” for “$9,124 per student for fiscal year 2013” in the first sentence.

The 2015 amendment by D.C. Law 20-155 substituted “$ 9,492 per student for Fiscal Year 2015” for “$ 9,306 per student for fiscal year 2014” in the first sentence.

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4002(a) 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 § 4002(a) 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) amendment of this section, see § 4002(a) 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) limitation to the Fiscal Year 2018 increase to the Uniform Per Student Funding Formula foundation level over the Fiscal Year 2017 foundation level to be used in Fiscal Year 2018 to satisfy compensation terms required by a collective bargaining agreement that becomes effective in Fiscal Year 2018, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 201(a)(1) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 4002(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

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

For temporary (90 day) amendment of section, see § 102(a) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 102(a) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 3302(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 102(a) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 312(a) 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 § 312(a) 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) amendment of section, see § 4002(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 4002(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 4012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4002(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 day) amendment of section, see § 4022(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 402(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 4003(b) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 4002(a) 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) amendment of section, see § 4002(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 4002(a) 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) amendment of this section, see § 4002(a) 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).

For temporary (90 days) amendment of this section, see § 4002(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4002(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4002(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For limitation on use of funds to satisfy compensation terms required by a collective bargaining agreement,see section 4003 of D.C. Law 22-33.

For temporary (225 days) amendment of this section, see § 201(a) of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

See Historical and Statutory Notes following § 38-2901.

Short Title

Short title of subtitle B of title III of Law 15-39: Section 311 of D.C. Law 15-39 provided that subtitle B of title III of the act may be cited as the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2003.

Short title of subtitle A of title IV of Law 15-205: Section 4001 of D.C. 15-205 provided that subtitle A of title IV of the act may be cited as the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2004.

Short title of subtitle B of title IV of Law 16-33: Section 4011 of D.C. Law 16-33 provided that subtitle B of title IV of the act may be cited as the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2005.

Short title: Section 4015 of D.C. Law 17-219 provided that subtitle H of title IV of the act may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2008”.

Short title: Section 4021 of D.C. Law 18-223 provided that subtitle C of title IV of the act may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2010”.

Short title: Section 401 of D.C. Law 18-370 provided that subtitle A of title IV of the act may be cited as “Funding for Public Schools and Public Charter Schools Amendment Act of 2010”.

Section 4001 of D.C. Law 20-61 provided that Subtitle A of Title IV of the act may be cited as the “Funding for Public Amendment Act of 2013”.

Editor's Notes

For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.

For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.

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.


§ 38–2904. Weightings applied to counts of students enrolled at certain grade levels.

The student counts at certain grade levels and in certain programs shall be weighted to provide an amount per student differing from the basic foundation level in accordance with the following schedule:

Grade Level Weighting Per Pupil Allocation in FY 2018
Pre-Kindergarten 3 1.34 $14,282
Pre-Kindergarten 4 1.30 $13,855
Kindergarten 1.30 $13,855
Grades 1-5 1.00 $10,658
Grades 6-8 1.08 $11,511
Grades 9-12 1.22 $13,003
Alternative program 1.44 $15,348
Special education school 1.17 $12,470
Adult 0.89 $9,486


(Mar. 26, 1999, D.C. Law 12-207, § 105, 45 DCR 8095; Oct. 1, 2002, D.C. Law 14-190, § 3402(c), 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 102(b), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 312(b), 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 4002(b), 51 DCR 8441; Oct. 20, 2005, D.C. Law 16-33, § 4012(b), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 61, 53 DCR 6794; Mar. 2, 2007, D.C. Law 16-192, § 4002(c), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 4002(c), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4016(b), 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 4002(a), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4022(b), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(b), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4003(c), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 4002(b), 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 4002(b), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4002(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4002(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4002(b), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4002(b), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 201(b), 65 DCR 5091; Oct. 30, 2018, D.C. Law 22-168, § 4002(b), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 31-2904.

Effect of Amendments

D.C. Law 14-190 rewrote the section which had read as follows: Grade levels Weighting Total per pupil allocation in FY

The 2012 amendment by D.C. Law 19-168 rewrote the schedule.

The 2013 amendment by D.C. Law 20-61 rewrote the schedule.

The 2015 amendment by D.C. Law 20-155 rewrote the schedule.

The 2015 amendment by D.C. Law 21-36 substituted “2016” for “2015” in the schedule.

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4002(b) 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 § 4002(b) 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) amendment of this section, see § 4002(b) 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) limitation to the Fiscal Year 2018 increase to the Uniform Per Student Funding Formula foundation level over the Fiscal Year 2017 foundation level to be used in Fiscal Year 2018 to satisfy compensation terms required by a collective bargaining agreement that becomes effective in Fiscal Year 2018, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 201(a)(2) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 4002(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

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

For temporary (90 day) amendment of section, see § 102(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 102(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 3302(c) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 102(b) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 312(b) 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 § 312(b) 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) amendment of section, see § 4002(b) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 4012(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 4002(a) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 4002(a) 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) amendment of section, see § 4002(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 4022(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 402(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 4003(c) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 4002(b) 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) amendment of section, see § 4002(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 4002(b) 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) amendment of this section, see § 4002(b) 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).

For temporary (90 days) amendment of this section, see § 4002(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4002(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4002(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 4002(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For limitation on use of funds to satisfy compensation terms required by a collective bargaining agreement,see section 4003 of D.C. Law 22-33.

For temporary (225 days) amendment of this section, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

See Historical and Statutory Notes following § 38-2901.

Short Title

Short title: Section 4001 of D.C. Law 18-111 provided that subtitle A of title IV of the act may be cited as the “Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2009”.

Section 4001 of D.C. Law 20-61 provided that Subtitle A of Title IV of the act may be cited as the “Funding for Public Amendment Act of 2013”.

Editor's Notes

For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.

For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.

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.


§ 38–2905. Supplement to foundation level funding on the basis of the count of special education, LEP/NEP, summer school, and residential school students.

(a) In addition to grade level allocations, supplemental allocations shall be provided on the basis of the count of students identified as entitled to and receiving:

(1) Special education;

(2) English as a second language or bilingual education services;

(3) Summer school instruction for students who do not meet literacy standards pursuant to promotion policies of the DCPS or Public Charter Schools as defined in § 38-1804.01(b)(3)(B)(ii); and

(4) Extended school days.

(a-1) Pursuant to § 38-2905.01, supplemental allocations shall be provided on the basis of the count of students identified as at-risk.

(b) Supplemental allocations shall be provided for each student in full-time residence at a residential DCPS or Public Charter School.

(c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows:

Special Education Add-ons:
Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2019
Level 1: Special Education Eight hours or less per week of specialized services 0.97 $10,338
Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 1.20 $12,790
Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.97 $20,996
Level 4: Special Education More than 24 hours per week of specialized services which may include instruction in a self-contained (dedicated) special education school other than residential placement 3.49 $37,196
Special Education Compliance Weighting provided in addition to special education level add-on weightings on a per-student basis for Special Education compliance. 0.099 $1,055
Attorney's Fees Supplement Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney's fees. 0.089 $949
Residential D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.67 $17,799

General Education Add-ons:
Level/ Program Definition Weighting

Per Pupil Supplemental Allocation

FY 2019

ELL Additional funding for English Language Learners. 0.49 $5,222
At-risk Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level. 0.224 $2,387

Residential Add-ons:
Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2019
Level 1: Special Education – Residential Additional funding to support the after-hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.37 $3,943
Level 2: Special Education – Residential Additional funding to support the after-hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 1.34 $14,282
Level 3: Special Education – Residential Additional funding to support the after-hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $30,802
Level 4: Special Education – Residential Additional funding to support the after-hours level 4 special education needs of limited and non- English proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $30,802

LEP/NEP -

Residential

Additional funding to support the after-hours limited- and non-English proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.668 $7,120

Special Education Add-ons for Students with Extended School Year ("ESY") Indicated in Their Individualized Education Programs ("IEPs"):
Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2019
Special Education Level 1 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs. 0.063 $671
Special Education Level 2 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.227 $2,419
Special Education Level 3 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,233
Special Education Level 4 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,233

(d) The above weightings shall be applied cumulatively in the counts of students who fall into more than one of the above categories.

(e)(1) The summer school weighting of 0.17 shall apply to DCPS and public charter school students enrolled for at least 6 weeks for the purpose described in § 38-2901(13). Summer school students enrolled for a lesser period shall be funded for the number of days in that period on a pro-rata basis.

(2) To receive funding, a DCPS or public charter school summer school program must offer at least 60 hours of instruction outside the regular school year.

(3) To receive full funding, a summer school program must offer at least 4 hours of instruction per day, 5 days a week, for 6 weeks, or its equivalent, for a total of at least 120 hours of instruction outside the regular school year for the purpose described in § 38-2901(13).

(4) The fully funded summer school weighting of 0.17 shall apply for summer school programs that meet the requirements of paragraph (3) of this subsection.

(5) Summer school programs that enroll students for less than 120 hours but more than 59 hours shall be funded on a pro-rata basis.

(f)(1) Funding for special education students enrolled in summer school whose Individual Education Plans require extended school year or summer school services shall be calculated using the add-on weights corresponding to their special education service levels as defined in subsection (c) of this section.

(2) Special education add-on weights for summer school shall apply only to summer programs that deliver the specialized services required by the Individual Education Plans of their enrolled special education students.

(g) The supplemental allocation for the extended school day shall be subject to the inclusion of its fiscal effect in an approved budget.


(Mar. 26, 1999, D.C. Law 12-207, § 106, 45 DCR 8095; Oct. 19, 2000, D.C. Law 13-172, § 2702, 47 DCR 6308; Oct. 3, 2001, D.C. Law 14-28, § 502, 48 DCR 6981; Oct. 1, 2002, D.C. Law 14-190, § 3402(d), 49 DCR 6968; June 5, 2003, D.C. Law 14-307, § 102(c), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 312(c), 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 4002(c), 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-348, § 101(b), 52 DCR 1991; Oct. 20, 2005, D.C. Law 16-33, § 4012(c), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192,§ 4002(d), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 4002(d), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 4016(c), 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 4002(b), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4022(c), 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(c), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 4003(d), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 4002(c), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 95(a), 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 4002(c), 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4002(c), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4002(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4002(c), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4002(c), 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 201(c), 65 DCR 5091; Oct. 30, 2018, D.C. Law 22-168, § 4002(c), 65 DCR 9388.)

Prior Codifications

1981 Ed., § 31-2905.

Section References

This section is referenced in § 38-1804.01.

Effect of Amendments

D.C. Law 13-172 substituted “3.2” for “!.72” in the Level IV segment of the chart and added the Level V provision.

D.C. Law 14-28, in the chart in subsec. (c), substituted “up to +0.17 pro rata” and “up to $935 pro rata” for “+0.10” and “$550”; and added subsec. (e) relating to summer school weighting.

D.C. Law 14-190 rewrote subsec. (c) which had read:

The 2012 amendment by D.C. Law 19-168 rewrote (c).

The 2012 amendment by D.C. Law 19-171 made a correction to the D.C. Law 18-111 version of subsection (c).

The 2013 amendment by D.C. Law 20-61 rewrote the table in (c).

The 2015 amendment by D.C. Law 20-155 rewrote the table in (c).

The 2015 amendment by D.C. Law 21-36 rewrote the table in (c).

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4002(c) 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 § 4002(c) 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) amendment of this section, see § 4002(c) 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) limitation to the Fiscal Year 2018 increase to the Uniform Per Student Funding Formula foundation level over the Fiscal Year 2017 foundation level to be used in Fiscal Year 2018 to satisfy compensation terms required by a collective bargaining agreement that becomes effective in Fiscal Year 2018, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 201(a)(3) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 4002(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

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

For temporary (90-day) amendment of section, see § 2(a) of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 1999 (D.C. Act 13-152, December 1, 1999, 46 DCR 10395).

For temporary (90-day) amendment of section, see § 2(a) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-282, March 7, 2000, 47 DCR 2026).

For temporary (90-day) amendment of section, see § 2702 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 § 2702 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2(a) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 2000 (D.C. Act 13-456, November 7, 2000, 47 DCR 9418).

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

For temporary (90 day) amendment of section, see § 2(a) of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-17, March 16, 2001, 48 DCR 2687).

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

For temporary (90 day) amendment of section, see § 502 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 102(c) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 102(c) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 3302(d) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 102(c) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see § 312(c) 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 § 312(c) 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) amendment of section, see § 4002(c) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 4012(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 4002(b) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 4002(b) 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) amendment of section, see § 4002(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 4022(c) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 402(c) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 4003(d) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 4002(c) 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) amendment of section, see § 4002(c) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 4002(c) 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) amendment of this section, see § 4002(c) 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).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 4002(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For limitation on use of funds to satisfy compensation terms required by a collective bargaining agreement,see section 4003 of D.C. Law 22-33.

For temporary (225 days) amendment of this section, see § 201(c) of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

“(c) These supplemental allocations shall be calculated by applying weightings to the foundation level as follows: Level/Program Definition Weighting Supplemental per pupil FY

Section 2(a) of D.C. Laws 13-067 amended subsec. (c) to read as follows:

(c) These supplemental allocations shall be calculated by applying weightings to the foundation level as follows: Level/program Definition Weighting Supplemental per pupil FY 1999 Level 1 Special Additional funding to support +0.374 $2.057 Education the after-hours level 1 —Residential special education needs of students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Level 2 Special Additional funding to support +1.36 $7.480 Education the after-hours level 2 —Residential special education needs of students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Level 3 Special Additional funding to support +2.941 $16.176 Education the after-hours level 3 —Residential special education needs of students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Level 4 Special Additional funding to support +2.924 $16.082 Education the after-hours level 4 —Residential special education needs of students living in D.C. Public School or Public Charter School that provides students with room and board in a residential setting LEP Additional funding to support +0.68 $3.740 NEP—Residential the after-hours special instructional needs of limited and non-English proficient students living in a D.C. Public School or Public Charter School that provides students with room and board in a residential setting Section 3(b) of D.C. Laws 13-067 provides that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 13-227 amended subsec. (c).

Section 2(c)(1) of D.C. Law 13-262, in subsec. (c), in the chart, substituted “up to +0.17 pro rata” for “+0.10” and “up to $935 pro rata” for “$550”. Section 2(c)(2) of that law added subsec. (e) to read as follows:

Section 5(b) of D.C. Law 13-227 provided that the act shall expire after 225 days of its having taken effect.

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

Section 2(c) of D.C. Law 14-6, in subsec. (c), in the chart, substituted “up to +0.17 pro rata” for “+0.10” and “up to $935 pro rata” for “$550”, and added a new subsec. (e) to read as follows:

“(e) The summer school weighting of 0.17 shall apply to DCPS and public charter school students enrolled for at least 6 weeks during the summer following the regular school year. Summer school students enrolled for a lesser period shall be funded for the number of days in that period on a pro rata basis.”

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

See Historical and Statutory Notes following § 38-2901.

Short Title

Section 4001 of D.C. Law 20-61 provided that Subtitle A of Title IV of the act may be cited as the “Funding for Public Amendment Act of 2013”.

Editor's Notes

For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.

For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.

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.


§ 38–2905.01. Supplement to foundation level funding on the basis of the count of at-risk students.

(a) In addition to the grade level and supplemental allocations provided pursuant to §§ 38-2904 and 38-2905, additional allocations shall be provided on the basis of the count of students identified as at-risk.

(b) The additional allocations required by subsection (a) of this section shall be calculated by applying a weighting factor, as determined by the Mayor, to the foundation level.

(c) The weighting for at-risk students shall be applied cumulatively in the counts of students who fall into more than one of the formula weighting categories; provided, that for students identified as both as at-risk and as participating in an alternative program or as adult learners, only the alternative program weighting shall apply.


(Mar. 26, 1999, D.C. Law 12-207, § 106a; as added Feb. 22, 2014, D.C. Law 20-87, § 4(b), 61 DCR 309; Feb. 26, 2015, D.C. Law 20-155, § 4002(d), 61 DCR 9990.)

Section References

This section is referenced in § 38-2907.01.

Effect of Amendments

The 2014 amendment by D.C. Law 20-87 added this section.

The 2015 amendment by D.C. Law 20-155 added “provided, that for students identified as both as at-risk and as participating in an alternative program or as adult learners, only the alternative program weighting shall apply” in (c).

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-87, § 5, see § 7006 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884).

For temporary (90 days) amendment of this section, see § 4002(d) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of D.C. Law 20-87, § 5, see § 7006 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4002(d) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-87, § 5, see § 7006 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4002(d) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-87, § 5, see § 7006 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

Applicability of D.C. Law 20-87: Section 5 of D.C. Law 20-87 provided that § 4(b) of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 5 of D.C. Law 20-87 was repealed by D.C. Law 20-155, § 7006.


§ 38–2906. Pupil count.

(a) Annual appropriations for DCPS pursuant to the Formula shall equal the total estimated costs for the number of resident students projected to be enrolled in DCPS during the fiscal year for which the appropriation is made; provided, that for fiscal year 2008, the projected change in enrollment shall equal the average annual change in enrollment for the preceding 3 years. Beginning in fiscal year 2018, the base for the projections shall be the verified enrollment for the school year preceding the fiscal year for which the appropriation is made.

(b) Annual appropriations for public charter schools pursuant to the Formula shall equal the total estimated costs for the following:

(1) The number of resident students projected to be enrolled in all public charter schools combined during the fiscal year for which the appropriation is made, plus;

(2) The total estimated costs for the per pupil public charter school facilities allotment for the fiscal year for which the appropriation is made.

(3) Repealed.

(c) Repealed.

(d)(1) The student counts reported by October 15 of each year shall be verified by the Office of the State Superintendent of Education, which shall also determine the number of students whose tuition for enrollment in other school systems is paid for by funds available to the District of Columbia public schools and the amount of fees and tuition assessed and collected from nonresident students enrolled in local education agencies.

(2) The verification shall cover the information required by § 38-1804.02, and shall be transmitted to the Mayor and the Council, and made publically available, no later than December 31 of each year. Until the verification is transmitted, the unverified October count shall serve as the basis for quarterly payments.

(e) Preliminary projections of public charter school enrollment shall be made by each eligible chartering authority for the public charter schools under its supervision, and submitted to the Mayor by the date on which the Chancellor is required to submit his or her budget request to the Mayor. The eligible chartering authorities may submit revisions of the projections to the Mayor and the Council at any time before the Council committee with oversight responsibilities for the public education budget reports its recommendations on that budget to the Council.


(Mar. 26, 1999, D.C. Law 12-207, § 107, 45 DCR 8095; Dec. 7, 2004, D.C. Law 15-205, § 4002(d), 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-348, § 101(c), 52 DCR 1991; Oct. 20, 2005, D.C. Law 16-33, § 4012(d), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, § 4002(e), 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 4002(e), 54 DCR 7052; Mar. 3, 2010, D.C. Law 18-111, § 4002(c), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4022(d), 57 DCR 6242; Dec. 13, 2017, D.C. Law 22-33, § 4153(a), 64 DCR 7652.)

Prior Codifications

1981 Ed., § 31-2906.

Section References

This section is referenced in § 38-2906.02 and § 38-2908.

Effect of Amendments

D.C. Law 15-205 designated the existing language as subsec. (a) and added subsec. (b).

D.C. Law 15-348 rewrote the section.

D.C. Law 16-33 repealed subsec. (b)(3), which had read as follows: “(3) Five percent of the total amount generated pursuant to paragraphs (1) and (2) of this subsection, to be put into escrow as a reserve for payments to public charter schools in case enrollment, including enrollment in special needs categories, should exceed that of the projections on which costs are based pursuant to paragraph (2) of this subsection.”

D.C. Law 16-192 rewrote subsec. (d) which had read as follows: “(d) The student counts reported for October 5 of each year shall be verified by an independent contractor commissioned by the Mayor. The independent contractor shall perform a audit on the student enrollment of each DCPS school and of each public charter school. The verification process shall begin no later than one week following the day on which the count is taken. The verification shall cover the information required by § 38-1804.02, and shall be transmitted by the Mayor to the Council, the Comptroller General of the United States, and the appropriate congressional committees no later than the following December 31. Until the verification is transmitted, the unaudited October count shall serve as the basis for the annual appropriation for the following fiscal year and for quarterly payments.”

D.C. Law 17-20 rewrote subsec. (a); and, in subsec. (d)(2), deleted “for the annual appropriation for the following fiscal year and” following “serve as the basis”. Prior to amendment, subsec. (a) read as follows: “(a) Annual appropriations for the DCPS pursuant to the Formula shall be based on the number of resident students enrolled in the DCPS on October 5 in the year preceding the fiscal year for which the appropriation is made. This count shall be verified as provided in subsection (d) of this section.”

D.C. Law 18-111 repealed subsec. (c); in subsec. (d), substituted “Office of the State Superintendent of Education” for “State Education Office”; and, in subsec. (e), substituted “Chancellor is required to submit his or her budget request” for “Board of Education is required to submit its budget request”. Prior to repeal, subsec. (c) read as follows: “(c) Any amount escrowed pursuant to subsection (b)(3) of this section that remains at the end of each fiscal year shall revert to the General Fund.”

D.C. Law 18-223, in subsec. (a), added the second sentence; and rewrote subsec. (b)(2), which had read as follows: “(2) The annual budget of the District of Columbia Public Charter School Board and, beginning in Fiscal Year 2002, the Public Charter School Office of the Board of Education, plus;”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4153(a) 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) amendment of this section, see § 4153(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90-day) amendment of section, see § 2(b) of the Public School Enrollment Integrity Emergency Amendment Act of 2000 (D.C. Act 13-409, August 14, 2000, 47 DCR 7264).

For temporary (90-day) addition of § 31-2906a 1981 Ed., see § 2(c) of the Public School Enrollment Integrity Emergency Amendment Act of 2000 (D.C. Act 13-409, August 14, 2000, 47 DCR 7264).

For temporary (90 day) amendment of section, see § 2(b) of the Public School Enrollment Integrity Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-453, November 7, 2000, 47 DCR 9406).

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

For temporary (90 day) amendment of section, see § 2(b) and § 2(c) of Public School Enrollment Integrity Emergency Amendment Act of 2001 (D.C. Act 14-86, July 9, 2001, 48 DCR 6373).

For temporary (90 day) amendment of section, see § 2(b) and § 2(c) of Public School Enrollment Integrity Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-192, November 29, 2001, 48 DCR 11239).

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

For temporary (90 day) addition, see § 2(c) of Public School Enrollment Integrity Clarification Emergency Amendment Act of 2003 (D.C. Act 15-174, October 6, 2003, 50 DCR 9181).

For temporary (90 day) amendment of section, see § 2(b) of Public School Enrollment Integrity Clarification Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-282, December 18, 2003, 51 DCR 191).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 2(b) of Public School Enrollment Integrity Clarification Emergency Amendment Act of 2004 (D.C. Act 15-519, August 2, 2004, 51 DCR 8995).

For temporary (90 day) amendment of section, see § 4002(d) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 4012(d) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4002(e) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(e) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(e) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4002(e) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 4002(c) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 4002(c) 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) amendment of section, see § 4002(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 4022(d) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Temporary Legislation

Section 2(b) of D.C. Law 13-199 amended the section to read as follows:

“(3) The annual budget of the District of Columbia Public Charter School Board and, beginning in fiscal year 2002, the Public Charter School Office of the Board of Education, provided, plus;

“(c) The Mayor shall establish a committee to develop and implement, within 90 days of the of the effective date of the Public School Enrollment Integrity Emergency Amendment Act of 2000, a policy governing proof of District residency for the purposes of this section and the District of Columbia Nonresident Tuition Act. The committee shall be composed of the Mayor, the Chair of the District Council Committee on Education, Libraries and Recreation, the Superintendent of District of Columbia Public Schools, a representative of each of the eligible chartering authorities, and a representative of the D.C. Charter Public School Coalition. Upon establishment of a state education office, the Mayor shall transfer this function to that office.

“(d) The residency policy developed pursuant to subsection (c) of this section shall apply equally to students in DCPS and the public charter schools.

“(e) The student counts reported for October 5 of each year shall be verified by an independent contractor commissioned by the Mayor. The independent contractor shall perform a census on the student enrollment of each DCPS and of each public charter school. The verification process shall begin no later than one week following the day on which the count is taken. The verification shall cover the information required by section 2402 of the District of Columbia School Reform Act of 1995 (‘School Reform Act’), and shall be transmitted by the Mayor to the Council, the Authority, the Comptroller General of the United States, and the appropriate congressional committees no later than the following December 31. Until the verification is transmitted, the unaudited October count shall serve as the basis for the annual appropriation for the following fiscal year and for quarterly payments.

Section 2(d)(1) of D.C. Law 13-262 amended subsec. (a) to read as follows:

Section 2(d)(2) of D.C. Law 13-262 amended subsec. (e) to read as follows:

Section 2(d)(3) of D.C. Law 13-262 added subsecs. (g), (h), and (i) to read as follows:

See Historical and Statutory Notes following § 38-2901.

Section 2(c) of D.C. Law 13-199 added § 31-2906a 1981 Ed. .

Section 6(b) of D.C. Law 13-199 provided that the act shall expire after 225 days of its having taken effect.

Section 2(d) of D.C. Law 14-6 amended subsecs. (a) and (e) and added subsecs. (g), (h) and (i) to read as follows:

“(a) Annual appropriations for the DCPS pursuant to the Formula shall be based on the number of resident students enrolled in the DCPS as of October 5 in the year preceding the fiscal year for which the appropriation is made.”

“(e) The student counts reported for October 5 each year shall be verified by an independent contractor commissioned by the State Education Office. The independent contractor shall perform a census on the student enrollment of each DCPS and of each public charter school. The verification process shall begin no later than one week following the day on which the count is taken. The verification shall cover the information required by section 2402 of the District of Columbia School Reform Act of 1995 (‘School Reform Act’), and shall be transmitted by the State Education Office to the Mayor, the Council, the Authority, the Comptroller General of the United States, and the appropriate congressional committees no later than the following December 31. Until the verification is transmitted, the unaudited October counts shall serve as the basis for the annual appropriations for the following fiscal year and for quarterly payments to the public charter schools.”

“(g) Annual appropriations for UDC shall include a line item restricted to adult education based on the number of resident FTE adult education students projected to be enrolled during the fiscal year.

“(h) UDC shall submit projections of its adult education enrollment as part of its annual budget submission for the following fiscal year to the Mayor. The Mayor and Council may change the projection in order to adjust the amount of the adult education appropriation to UDC.

“(i) The FTE adult education enrollment of UDC shall be verified by procedures to be established by the State Education Office. If in any given fiscal year, the enrollment is found to be less than the projected number that served as the basis for that year’s appropriation, funds attributable to the excess shall revert to the District of Columbia’s General Fund pursuant to procedures to be established by the Chief Financial Officer of the District of Columbia.”

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

Section 2(b) of D.C. Law 14-38 rewrote § 38-2906 to read as follows:

“(c) The Mayor shall establish a committee to develop and implement, within 90 days of the effective date of the Public School Enrollment Integrity Temporary Amendment Act of 2001, passed on 2nd reading on June 26, 2001 (Enrolled version of Bill 14-242), a policy governing proof of District residency for the purposes of this section and the District of Columbia Nonresident Tuition Act, approved September 8, 1970 (74 Stat. 853; D.C. Official Code § 38-302 et seq.). The committee shall be composed of the Mayor, the Chair of the District Council Committee on Education, Libraries and Recreation, the Superintendent of District of Columbia Public Schools, a representative of each of the eligible chartering authorities, and a representative of the D.C. Charter Public School Coalition. Upon establishment of a state education office, the Mayor shall transfer this function to that office.

“(e) The student counts reported for October 5 of each year shall be verified by an independent contractor commissioned by the Mayor. The independent contractor shall perform a census on the student enrollment of each DCPS and of each public charter school. The verification process shall begin no later than one week following the day on which the count is taken. The verification shall cover the information required by section 2402 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 257; D.C. Official Code § 38-1804.02) (‘School Reform Act’), and shall be transmitted by the Mayor to the Council, the Authority, the Comptroller General of the United States, and the appropriate congressional committees no later than the following December 31. Until the verification is transmitted, the unaudited October count shall serve as the basis for the annual appropriation for the following fiscal year and for quarterly payments.

“(f) Preliminary projections of Public Charter School enrollment shall be made by each chartering authority for the Public Charter Schools under its supervision, and submitted to the Mayor by the date on which the DCPS is required to submit its budget request to the Mayor. The chartering authorities may submit revisions of such projections to the Mayor and Council at any time before the Council committee with oversight responsibilities for the public education budget reports its recommendations on that budget to the Council.”.

Section 6(b) of D.C. Law 14-38 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 15-67 rewrote the section to read as follows:

“(a) Annual appropriations for the DCPS pursuant to the Formula shall be based on the number of resident students enrolled in the DCPS on October 5 in the year preceding the fiscal year for which the appropriation is made. This count shall be verified as provided in subsection (e) of this section.

“(b) Annual appropriations for the public charter schools pursuant to the Formula shall equal the total estimated costs for the following:

“(1) The number of resident students enrolled in all public charter schools combined as of October 5 in the year preceding the fiscal year for which the appropriation is made, and verified as provided in subsection (e) of this section, plus or minus;

“(2) The number of resident students projected to be enrolled in all public charter schools combined during the fiscal year for which the appropriation is made, and calculated as provided in subsection (f) of this section, plus;

“(3) The annual budget of the District of Columbia Public Charter School Board and, beginning in fiscal year 2002, the Public Charter School Office of the Board of Education, plus;

“(4) Five percent of the total amount generated pursuant to paragraphs (1), (2) and (3) of this subsection, to be put into escrow as a reserve for payments to public charter schools in case enrollment, including enrollment in special needs categories, should exceed that of the projections on which costs are based pursuant to paragraph (2) of this subsection. Any amount remaining in the escrow at the end of each fiscal year shall revert to the General Fund.

“(c) The Mayor shall establish a committee to develop and implement, within 90 days of the effective date of the Public School Enrollment Integrity Congressional Review Emergency Amendment Act of 2001, effective November 29, 2001 (D.C. Act 14-19; 48 DCR 11239), a policy governing proof of District residency for the purposes of this section and the District of Columbia Nonresident Tuition Act, approved September 8, 1970 (74 Stat. 853; D.C. Official Code § 38-302 et seq.). The committee shall be composed of the Mayor, the Chair of the Council Committee on Education, Libraries and Recreation, the Superintendent of District of Columbia Public Schools, a representative of each of the eligible chartering authorities, and a representative of the D.C. Charter Public School Coalition. Upon establishment of a state education office, the Mayor shall transfer this function to that office.

“(d) The residency policy developed pursuant to subsection (c) of this section shall apply to students in DCPS and the public charter schools.

“(e) The student counts reported for October 5 of each year shall be verified by an independent contractor commissioned by the Mayor. The independent contractor shall perform a census on the student enrollment of each DCPS and of each public charter school. The verification process shall begin no later than one week following the day on which the count is taken. The verification shall cover the information required by section 2402 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 257; D.C. Official Code § 38-1804.02) (’School Reform Act’), and shall be transmitted by the Mayor to the Council, the Authority, the Comptroller General of the United States, and the appropriate congressional committees no later than the following December 31. Until the verification is transmitted, the unaudited October count shall serve as the basis for the annual appropriation for the following fiscal year and for quarterly payments.

“(f) Preliminary projections of Public Charter School enrollment shall be made by each chartering authority for the Public Charter Schools under its supervision, and submitted to the Mayor by the date on which the DCPS is required to submit its budget request to the Mayor. The chartering authorities may submit revisions of such projections to the Mayor and Council at any time before the Council committee with oversight responsibilities for the public education budget reports its recommendations on that budget to the Council.”

Section 6(b) of D.C. Law 15-67 provided that the act shall expire after 225 days of its having taken effect.

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

Editor's Notes

Section 405 of Chapter 4 of Division A of H.R. 5666 provided: “Notwithstanding any provision of the District of Columbia Appropriations Act, 2001, quarterly disbursements shall be calculated and paid to District of Columbia public charter schools during fiscal year 2001 in accordance with section 107a(b) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998 ( sec. 31-2906.1(b), D.C. Code 1981 Ed. ), as amended by the Enrollment Integrity Act.”


§ 38–2906.01. Payments for District of Columbia Public Schools. [Repealed]

Repealed.


(Mar, 26, 1999, D.C. Law 12-207, § 107a; as added Apr. 13, 2005, D.C. Law 15-348, § 101(d), 52 DCR 1991; Mar. 3, 2010, D.C. Law 18-111, § 4002(d), 57 DCR 181.)

Emergency Legislation

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

For temporary (90 day) addition of section 38-2906.01, see § 2(e) of Uniform Per Student Funding Formula For Public Schools and Public Charter Schools Emergency Amendment Act of 2001 (D.C. Act 14-18, March 16, 2001, 48 DCR 2691).

For temporary (90 day) addition of section, see § 2 of the Public School Enrollment Integrity Emergency Amendment Act of 2003 (D.C. Act 15-139, July 29, 2003, 50 DCR 6866).

For temporary (90 day) addition, see § 2(c) of Public School Enrollment Integrity Clarification Emergency Amendment Act of 2003 (D.C. Act 15-174, October 6, 2003, 50 DCR 9181).

For temporary (90 day) amendment of section, see § 2(b) of Public School Enrollment Integrity Clarification Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-282, December 18, 2003, 51 DCR 191).

For temporary (90 day) addition, see § 2(c) of Public School Enrollment Integrity Clarification Emergency Amendment Act of 2004 (D.C. Act 15-519, August 2, 2004, 51 DCR 8995).

For temporary (90 day) repeal, see § 4002(d) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August

Temporary Legislation

Section 2(c) of D.C. Law 14-38 added § 38-2906.01 to read as follows:

§ 38-2906.01. Payments.

“(a) Except as provided in subsection (b)(2) of this section, following the enactment of an act making appropriations for the District of Columbia each fiscal year, the Mayor shall provide to DCPS the full amount of its appropriation in accordance with standard procedures for independent agencies. The Mayor shall make payments to each public charter school from the escrow account established under section 2403 of the School Reform Act to a bank designated by each school. The annual payment shall be made in the form of four quarterly payments calculated in accordance with subsections (b), (c) and (d) of this section, provided; however, that the entire annual payment for facilities pursuant to section 109 shall be included in the first payment of the fiscal year and that any payment for new charter schools pursuant to section 2403 of the School Reform Act shall also be included in the first payment of the fiscal year. The first payment shall be made no later than July 15; subsequent payments shall be made no later than October 15, January 15, and April 15.

“(e) Prior to or concurrent with any payment made pursuant to this section, the Chief Financial Officer of the District of Columbia shall provide to each public charter school an accounting indicating what the payment is for and how it was calculated.”.

Section 6(b) of D.C. Law 14-38 provided that the act shall expire after 225 days of its having taken effect.

Section 2(c) of D.C. Law 15-67 added a section to read as follows:

“Sec. 107a. Payments.

“(a) Except as provided in subsection (b)(2) of this section, following the enactment of an act making appropriations for the District of Columbia each fiscal year, the Mayor shall provide to DCPS the full amount of its appropriation in accordance with standard procedures for independent agencies. The Mayor shall make payments to each public charter school from the escrow account established under section 2403 of the School Reform Act to a bank designated by each school. The annual payment shall be made in the form of four equal quarterly payments calculated in accordance with subsections (b), (c) and (d) of this section, provided; however, that the entire annual payment for facilities pursuant to section 109 shall be included in the first payment of the fiscal year and that any payment for new charter schools pursuant to section 2403 of the School Reform Act shall also be included in the first payment of the fiscal year. The first payment shall be made no later than July 15; subsequent payments shall be made no later than October 15, January 15, and April 15.

“(b)(1) Except as provided in paragraph (2) of this subsection, each payment shall be one-fourth of each public charter school’s entitlement based on its October enrollment count. The basis of the July 15 and October 15 payments shall be the unaudited numbers contained in the reports submitted by the eligible chartering authorities under section 2402(a) of the School Reform Act. The basis of the January 15 and April 15 payments shall be the audited October enrollment numbers, provided that these amounts shall be adjusted in accordance with the provisions of subsection (c) of this section.

“(2) The payment of October 15, 2000 shall be 50% of each public charter school’s entitlement based on its unaudited October 5 enrollment count.

“(c) Payments shall not be reduced or delayed pending the conduct and results of the audit prescribed by section 107(e). If the audit finds that the number of verified resident students in enrollment at any public charter school differs from that on which its July 15 and October 15 payments were based, the Mayor shall recalculate the appropriate amount of subsequent payments accordingly, adjusting them by the amount of the discrepancy.

“(d) Payments for special education, limited English proficient students, and other add-on components of the Funding Formula shall be included in the quarterly payments to public charter schools. Payments shall reflect one-quarter of the annual per student amount for each add-on; provided, however, that add-ons for special education and limited English proficient students shall be added on a pro rata basis from the date on which a public charter school begins to provide add-on services for such students.

“(e) Prior to or concurrent with any payment made pursuant to this section, the Chief Financial Officer of the District of Columbia shall provide to each public charter school an accounting indicating what the payment is for and how it was calculated.”

Section 6(b) of D.C. Law 15-67 provided that the act shall expire after 225 days of its having taken effect.


§ 38–2906.02. Payments to public charter schools.

(a) The Mayor shall make payments to each public charter school from the escrow account established under § 38-1804.03 to a bank designated by each school. The annual payment shall be made in the form of quarterly payments calculated in accordance with this section; provided, that the entire annual payment for facilities calculated pursuant to § 38-2908 shall be included in the first payment of the fiscal year and that any payment for new charter schools determined pursuant to § 38-1804.03 shall also be included in the first payment of the fiscal year. The first payment shall be made no later than July 15. Subsequent payments shall be made no later than October 25, January 15, and April 15.

(b) Payments shall be determined as follows:

(1) The basis of the July 15 payment to a public charter school shall be the estimate used in the June 30 quarterly reports submitted by the eligible chartering authorities pursuant to § 38-1804.02(a) and shall be 35% of an existing school's entitlement, and 45% of the entitlement for a newly chartered school in its first school year of operation.

(2) The basis of the October 25 payment shall be the unverified October enrollment numbers for that school contained in the reports submitted by the eligible chartering authorities by October 15 and shall be equal to 60% of an existing school's entitlement and 70% of the entitlement for a newly chartered school in its first school year of operation, less amounts paid in July.

(3) The basis of the January 15 payment shall be the unverified October enrollment numbers for that school contained in reports submitted by the eligible chartering authorities by October 15 and shall be equal to 80% of an existing school's entitlement and 85% of the entitlement for a newly chartered school in its first school year of operation, less amounts paid in July and October.

(4) The basis of the April 15 payment shall be the verified October enrollment numbers and shall be equal to 100% of the school’s entitlement less amounts paid in July, October, and January; provided, that these amounts shall be adjusted in accordance with the provisions of subsection (c) of this section.

(c) Payments shall not be reduced or delayed pending the conduct and results of the verification prescribed by § 38-2906(d). If the verification finds that the number of verified resident students enrolled at any public charter school differs from that on which its July 15 and October 25 payments were based, the Mayor shall recalculate the appropriate amount of subsequent payments accordingly, adjusting them by the amount of the discrepancy.

(d)(1)(A) Payments for special education, limited English proficient students, at-risk students, and other add-on components of the Funding Formula shall be included in the quarterly payments to public charter schools.

(B) Payments shall reflect one-quarter of the annual per student amount for each add-on; provided, that add-ons for special education students shall be added on a pro-rata basis from the date on which a public charter school begins to provide add-on services for such students, as set forth in subsection (g)(1) of this section.

(C) Charter schools shall receive the full annual per-pupil payment for at-risk or limited English proficient students who are enrolled by October 5, but who are not designated as at-risk or limited English proficient students until after October 5.

(2)(A) Payments for summer school shall be made by the Chief Financial Officer on April 15 on the basis of a funding schedule from the District of Columbia Public Charter School Board listing each charter school offering a summer school program in accordance with the requirements of § 38-1804.01(b)(3)(B).

(B) The Office of the State Superintendent of Education shall certify enrollment projections based upon information contained in the state education longitudinal data system that form the basis of the funding schedule. The payment amount shall be equal to 75% of the total summer school entitlement for each charter school.

(C) Not later than August 25 of each year, the Office of the State Superintendent of Education shall certify the final actual summer school enrollment for each charter school. The final payment for summer school will be issued to each charter school not later than September 30 of each year and shall be equal to the remainder of the school’s entitlement.

(3) Payments for the Special Education Extended School Year add-on shall be made in full to each charter school by the Chief Financial Officer following certification of the actual enrollment for each school by the Office of the State Superintendent of Education.

(e) Prior to, or concurrent with, any payment made pursuant to this section, the Chief Financial Officer of the District of Columbia shall provide to each public charter school an accounting indicating the purpose of the payment and how the payment was calculated.

(f) During any period in which payments to public charter schools become due on a date when District funding is authorized pursuant to a continuing resolution rather than pursuant to an appropriations act, the Chief Financial Officer of the District of Columbia shall provide payments for new public charter schools and increased enrollments in other public charter schools from any unexpended and unobligated funds.

(g)(1) Charter schools may receive payment on a pro-rata basis from the date on which the school begins providing special education services to students enrolled by October 5, who are identified as requiring an individualized education program ("IEP") or as needing an increased IEP after October 5.

(2) Upon application to and at the discretion of the Chief Financial Officer, the supplemental payments for the special education students available pursuant to paragraph (1) of this subsection shall be disbursed in addition to the quarterly payments made pursuant to subsection (a) of this section.

(h) If an eligible charter authority proposes to revoke the charter of a public charter school as described in § 38-1802.13 during any period prior to a July 15 payment, consistent with this section, the Office of the State Superintendent of Education (“OSSE”) shall hold the July 15 payment in escrow pending a final decision by the eligible charter authority. Upon a final revocation decision, the Mayor shall have no obligation to release the escrow funds. The OSSE, in its discretion, may approve the distribution of the July 15 payment as it considers appropriate.


(Mar. 26, 1999, D.C. Law 12-207, § 107b; as added Apr. 13, 2005, D.C. Law 15-348, § 101(d), 52 DCR 1991; Oct. 20, 2005, D.C. Law 16-33, § 4012(e), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192, § 4002(f), 53 DCR 6899; Sept. 14, 2011, D.C. Law 19-21, § 4032, 58; Dec. 24, 2013, D.C. Law 20-61, § 4022, 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, §§ 4062, 4092, 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4153(b), 64 DCR 7652.)

Section References

This section is referenced in § 38-1804.03.

Effect of Amendments

D.C. Law 16-33, rewrote subsec. (b).

D.C. Law 16-192 rewrote subsec. (b); and added subsecs. (f) and (g).

D.C. Law 19-21 added subsec. (h).

The 2013 amendment by D.C. Law 20-61 rewrote (a) and (b); designated the existing text of (d) as (d)(1) and added “as set forth in subsection (g) of this section” to the end; and added (d)(2) and (d)(3).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4153(b) 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) amendment of this section, see § 4153(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 4012(e) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4002(f) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(f) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(f) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4032 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 days) amendment of this section, see § 4022 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) amendment of this section, see § 4022 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

Short title: Section 4031 of D.C. Law 19-21 provided that subtitle D of title IV of the act may be cited as “Charter School Payment Advance Amendment Act of 2011”.

Section 4021 of D.C. Law 20-61 provided that Subtitle B of Title IV of the act may be cited as the “Public Charter Schools Payment Improvement Amendment Act of 2013”.

Editor's Notes

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

For payments to puclic charter schools in Fiscal Year 2018, see section 204 of D.C. Law 22-124.

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.


§ 38–2907. Education costs excluded from the Formula payments.

(a) The cost of transportation for students with disabilities, tuition payments for private placements for students with disabilities, and the cost of performing state education functions for the District of Columbia are not covered by the Formula and shall be allocated by the Mayor and Council to the Office of the State Superintendent of Education (“OSSE”), or to another agency as considered appropriate by the Mayor, in addition to the amount generated by the Formula.

(b) The OSSE, as the state education agency for the District of Columbia, shall perform all state education functions for public charter schools and for DCPS, which are local education agencies.


(Mar. 26, 1999, D.C. Law 12-207, § 108, 45 DCR 8095; Apr. 24, 2007, D.C. Law 16-305, § 57(b), 53 DCR 6198; Mar. 25, 2009, D.C. Law 17-353, § 172(d), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 4002(e), 57 DCR 181.)

Prior Codifications

1981 Ed., § 31-2907.

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted “students with disabilities” for “handicapped students”.

D.C. Law 17-353 validated a previously made technical correction in subsec. (a).

D.C. Law 18-111 rewrote the section.

Emergency Legislation

For temporary addition of chapter, see note to § 31-2901.

For temporary (90 day) amendment of section, see § 4002(e) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 4002(e) 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) amendment of section, see § 4002(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Temporary Legislation

See Historical and Statutory Notes following § 31-2901.


§ 38–2907.01. DCPS budget.

(a) The annual operating budget for DCPS shall:

(1) Allocate no more than 5% of its gross budget to central administration;

(2) Provide each school with not less than 95% of its prior year allocation of Formula funds, excluding those Formula funds directed to a school pursuant to paragraph (3) of this section; provided, that a school may receive less than 95% of such funds if that school is eliminating one or more grade levels offered at the school, faces a budgetary reduction due to the closing or consolidation of one school into another, or is undergoing a substantial instructional or programmatic change and the Chancellor includes in the budget submission to the Council a written justification for the greater than 5% reduction; provided further, that this paragraph shall not apply if the total Formula allocation to DCPS, excluding those Formula funds generated pursuant to § 38-2905.01, is reduced by more than 5% from its prior year allocation; and

(3) Direct no less than 90% of the funds allocated to DCPS pursuant to § 38-2905.01 to school-level budgets and distribute such funds to schools proportionally based upon the number of at-risk students within each school’s projected student count.

(b)(1) Funds provided to schools pursuant to subsection (a)(3) of this section shall be available for school utilization at the direction of the Chancellor in consultation with the principal and local school advisory team, for the purpose of improving student achievement among at-risk students. By October 1 of each year, the Chancellor shall make publicly available an annual report that explains the allocation of funds sorted by individual schools.

(2) Repealed.

(3) Funds allocated pursuant to subsection (a)(3) of this section shall be supplemental to the school’s gross budget and shall not supplant any Formula, federal, or other funds to which the school is entitled.


(Mar. 26, 1999, D.C. Law 12-207, § 108a; as added Feb. 22, 2014, D.C. Law 20-87, § 4(c), 61 DCR 309; Oct. 22, 2015, D.C. Law 21-36, § 4092, 62 DCR 10905.)

Section References

This section is referenced in § 38-2831.

Effect of Amendments

The 2014 amendment by D.C. Law 20-87 added this section.

The 2015 amendment by D.C. Law 21-36 rewrote (b)(1); and repealed (b)(2).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of the At-Risk Funding Emergency Amendment Act of 2015 (D.C. Act 21-13, Mar. 26, 2015, 62 DCR 3841, 21 DCSTAT 840).

For temporary (90 days) addition of this section, see § 4092 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the At-Risk Funding Temporary Amendment Act of 2015 (D.C. Law 21-7, June 4, 2015, 62 DCR 4564).


§ 38–2908. Facilities allowance for Public Charter Schools.

(a) Except as provided in subsections (b), (b-1), and (b-2) of this section, the fiscal year facility allowance for Public Charter Schools shall be determined as follows: DCPS approved capital budget shall be divided by the previous school year (“SY”) DCPS total pupil count, as defined in § 38-2906, to determine the DCPS per pupil facility cost.

(b) For fiscal year 2004 through fiscal year 2008, the facility allowance for Public Charter Schools shall be determined as described in subsection (a) of this section, except that the DCPS per pupil facility cost for all previous years shall be averaged with the current year’s DCPS per pupil facility cost to determine the Public Charter School per pupil facility allowance. The facility allowance shall then be multiplied by the number of students estimated to be attending each Public Charter School to determine the actual facility allowance payments to be received by each Public Charter School. For each year after FY 2004, this “moving average” shall only include the most recent 5-year’s DCPS per pupil facility cost.

(b-1) For fiscal year 2009 , the per pupil facility allowance for Public Charter Schools shall be $3000. The facility allowance shall then be multiplied by the number of students estimated to be attending each Public Charter School to determine the actual facility allowance payments to be received by each Public Charter School.

(b-2)(1) For Fiscal Years 2015 and 2016, the per pupil facility allowance for Public Charter Schools shall be $ 3072.

(2) For Fiscal Year 2017 , the per pupil facility allowance for Public Charter Schools shall be $ 3100.

(2A) For Fiscal Year 2018:

(A) The non-residential per pupil facility allowance for Public Charter Schools shall be $ 3,193; and

(B) The residential per pupil facility allowance for Public Charter Schools shall be $ 8,621.

(2B) For Fiscal Year 2019, the per pupil facility allowance for Public Charter Schools shall be $ 3,263.

(2C) For Fiscal Year 2020, the per pupil facility allowance for Public Charter Schools shall be $ 3,335.

(2D) For Fiscal Year 2021, and succeeding fiscal years, the per pupil facility allowance for Public Charter Schools shall be $ 3,408.

(3) The facility allowance set forth in paragraphs (1), (2), (2A), (2B), (2C), and (2D) of this subsection shall be multiplied by the number of students estimated to attend each Public Charter School to determine the actual facility allowance payments to be received by each Public Charter School.

(c) The entire annual payment for facilities shall be included in the first payment of the fiscal year and that any payment for new charter schools shall also be included in the first payment of the fiscal year.

(d) For DCPS or Public Charter Schools that provide students with room and board in a residential setting, in addition to their instructional program, the facilities allowance determined pursuant to this section shall be multiplied by 2.7 for those students in residence at the school.

(e) The facilities allowance shall only apply to students receiving instruction at a Public Charter School educational facility or as otherwise approved by the Office of the State Superintendent of Education.


(Mar. 26, 1999, D.C. Law 12-207, § 109, 45 DCR 8095; Oct. 1, 2002, D.C. Law 14-190, § 3402(e), 49 DCR 6968; Mar. 2, 2007, D.C. Law 16-192, § 4002(g), 53 DCR 6899; Aug. 16, 2008, D.C. Law 17-219, § 4016(d), 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 4011, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 4022(e), 57 DCR 6242; Feb. 26, 2015, D.C. Law 20-155, § 4082, 61 DCR 9990; Dec. 13, 2017, D.C. Law 22-33, § 4002(d), 64 DCR 7652.)

Prior Codifications

1981 Ed., § 31-2908.

Section References

This section is referenced in § 38-2906.02.

Effect of Amendments

D.C. Law 14-190 rewrote the section.

D.C. Law 16-192 added subsec. (d).

D.C. Law 17-219, in subsec. (a), inserted “Except as provided in subsections (b) and (b-1) of this section,”; in subsecs. (b), substituted “fiscal year 2004 through fiscal year 2008” for “FY 2004 and succeeding fiscal years”; and added subsecs. (b-1) and (e).

D.C. Law 18-111, in subsec. (b-1), substituted “$2,800” for “$3,109”.

D.C. Law 18-223, in subsec. (b-1), substituted “$3000” for $2800“.

The 2015 amendment by D.C. Law 20-155 added (b-2).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4002(d) 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) limitation to the Fiscal Year 2018 increase to the Uniform Per Student Funding Formula foundation level over the Fiscal Year 2017 foundation level to be used in Fiscal Year 2018 to satisfy compensation terms required by a collective bargaining agreement that becomes effective in Fiscal Year 2018, see § 201(b) of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 4002(d) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

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

For temporary (90-day) amendment of section, see § 2(a) of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 1999 (D.C. Act 13-152, December 1, 1999, 46 DCR 10395).

For temporary (90-day) amendment of section, see § 2(b) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-282, March 7, 2000, 47 DCR 2026).

For temporary (90 day) amendment of section, see § 2(b) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 2000 (D.C. Act 13-456, November 7, 2000, 47 DCR 9418).

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

For temporary (90 day) amendment of section, see § 2(b) of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-17, March 16, 2001, 48 DCR 2687).

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

For temporary (90 day) amendment of section, see § 3302(e) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 4002(g) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(g) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(g) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 4011 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) amendment of section, see § 4011 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 4022(e) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 4082 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4082 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4082 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For limitation on use of funds to satisfy compensation terms required by a collective bargaining agreement,see section 4003 of D.C. Law 22-33.

Section 2(a) of D.C. Laws 13-067 added subsec. (f) to read as follows:

“(f) For DCPS or Public Charter Schools that provide students with room and board in a residential setting, in addition to their instructional program, the facilities allowance determined pursuant to this section shall be multiplied by 2.7 for those students in residence at the school.”.

Section 3(b) of D.C. Laws 13-067 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 13-227 added subsec. (f) to read as follows:

“(f) For DCPS or Public Charter Schools that provide students with room and board in a residential setting, in addition to their instructional program, the facilities allowance determined pursuant to this section shall be multiplied by 2.7 for those students in residence at the school.”

Section 5(b) of D.C. Law 13-227 provided that the act shall expire after 225 days of its having taken effect.

Section 2(f) of D.C. Law 13-262 amended this section to read as follows:

“(a)(1) The annual facility allowance for Public Charter Schools shall be determined as follows: Starting with FY 1998, the total funds being estimated from all sources for each year’s DCPS capital improvement program shall be divided by the October DCPS pupil count, as defined in section 107, for the same fiscal year to determine the DCPS per pupil facility cost for that year.

“(2) Each year’s DCPS per pupil facility cost shall be averaged with those of prior years to calculate a moving average until a total of 5 years are included in the calculations. Thereafter, the calculations shall include the most recent 5 years. This moving average shall constitute the per pupil facility allowance for the succeeding fiscal year, to be paid as prescribed in paragraph (1) of this subsection.

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

Section 2(f) of D.C. Law 14-6 amended this section to read as follows:

“(a)(1) The annual facility allowance for public charter schools shall be determined as follows: Starting with FY 1998, the total funds being estimated from all sources for each year’s DCPS capital improvement program shall be divided by the October DCPS pupil count, as defined in section 107, for the same fiscal year to determine the DCPS per pupil facility cost for that year.

“(2) Each year’s DCPS per pupil facility cost shall be averaged with those of prior years to calculate a moving average until a total of 5 years are included in the calculations. Thereafter, the calculations shall include the most recent 5 years. This moving average shall constitute the per pupil facility allowance for the succeeding fiscal year, to be paid as prescribed in this subsection.

“(b) If supplemental funds for the capital improvement program are received by DCPS during any given fiscal year, the total of those supplemental funds shall be added to that fiscal year’s capital improvement program in determining that year’s DCPS per pupil facility cost in the next fiscal year’s calculations of the moving average.”

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

See Historical and Statutory Notes following § 38-2901.

Short Title

Short title: Section 4010 of D.C. Law 18-111 provided that subtitle B of title IV of the act may be cited as the “Charter School Facilities Allotment Reform Amendment Act of 2009”.

Editor's Notes

For limit to use of increase to Uniform Per Student Formula foundation level, see section 203(a) of D.C. Law 22-124.

For the intent to increase funding for instructional staffing and support and prohibition on use of funding, see section 4003 of D.C. Law 22-33.


§ 38–2909. Cost of education adjustment. [Repealed]

Repealed.


(Mar. 26, 1999, D.C. Law 12-207, § 110, 45 DCR 8095; Mar. 3, 2010, D.C. Law 18-111, § 4002(h), 57 DCR 181.)

Prior Codifications

1981 Ed., § 31-2909.

Emergency Legislation

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

For temporary (90 day) repeal, see § 4002(h) of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) repeal, see § 4002(h) 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) repeal, see § 4002(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Temporary Legislation

See Historical and Statutory Notes following § 31-2901.

Editor's Notes

Section 95(a) of D.C. Law 19-171 redesignated D.C. Law 17-111, § 4002(h) as D.C. Law 18-111, § 4002(f), which did not affect the repeal of this section.


§ 38–2910. Procedure for adjusting appropriation in case of revenue unavailability.

If in any given fiscal year the Council finds that full funding of the Formula from local revenues is inconsistent with legal requirements for a balanced budget, the following shall apply:

(1) The Council shall reduce the foundation level accordingly, and set a schedule for achieving or restoring full funding, however, funding shall not be less than 95% of the previous fiscal year’s funding; and

(2) The Mayor, Council, Superintendent/CEO, and Board of Education shall use their best efforts to obtain temporary supplemental funding from other revenue sources.


(Mar. 26, 1999, D.C. Law 12-207, § 111, 45 DCR 8095; Mar. 2, 2007, D.C. Law 16-192, § 4002(h), 53 DCR 6899.)

Prior Codifications

1981 Ed., § 31-2910.

Section References

This section is referenced in § 38-2903.

Effect of Amendments

D.C. Law 16-192 rewrote par. (2) which had read as follows: “(2) The Mayor, Council, Superintendent/CEO, Board of Education and the Emergency Transitional Education Board of Trustees shall use their best efforts to obtain temporary supplemental funding from other revenue sources.”

Emergency Legislation

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

For temporary (90 day) amendment of section, see § 4002(h) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(h) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(h) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

Temporary Legislation

See Historical and Statutory Notes following § 38-2901.


§ 38–2911. Periodic revision of Formula.

(a)(1) Except as provided in paragraph (2) of this subsection, the Mayor and Council, in consultation with representatives of DCPS and of the Public Charter Schools, shall review and revise this Formula within 2 years of its establishment, within 2 years after this initial review and revision, and once every 4 years subsequently. Revisions shall be based upon information and data including study of actual costs of education in the District of Columbia, consideration of performance incentives created by the Formula in practice, research in education and education finance, and public comment.

(2) Beginning January 30, 2017, the Mayor shall submit to the Council a report every 2 years that reviews the Formula and includes recommendations for revisions to the Formula based upon a study of actual costs of education in the District of Columbia, research in education and education finance, and public comment.

(b) The study of actual costs of education pursuant to subsection (a) of this section shall include but not be limited to the following:

(1) The relation of funding levels to student outcomes;

(2) Maintenance of effort in specified areas of focus to promote continuity of effective practices;

(3) Improved techniques for determining specific levels of funding needed to provide adequate special education services;

(4) Improved measures of change in the cost of education; and

(5) A review of the costs associated with serving at-risk students and of how at-risk students are identified.

(c) The Office of the State Superintendent for Education shall be responsible for the development of the report required by subsection (a) of this section and shall convene a working group, which shall be comprised of, at a minimum, representatives from DCPS, public charter schools, and the public, to solicit input and recommendations regarding revisions to the Formula.


(Mar. 26, 1999, D.C. Law 12-207, § 112, 45 DCR 8095; Mar. 2, 2007, D.C. Law 16-192, § 4002(i), 53 DCR 6899; Feb. 22, 2014, D.C. Law 20-87, § 4(d), 61 DCR 309; Dec. 13, 2017, D.C. Law 22-33, § 4149, 64 DCR 7652.)

Prior Codifications

1981 Ed., § 31-2911.

Section References

This section is referenced in § 38-2602 and § 38-2903.

Effect of Amendments

D.C. Law 16-192 added subsec. (c).

The 2014 amendment by D.C. Law 20-87 added (a)(2); added “Except as provided in paragraph (2) of this subsection” in (a)(1); added (b)(5) and made related changes; and rewrote (c).

Applicability

Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4149 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) amendment of this section, see § 4149 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

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

For temporary (90 day) amendment of section, see § 4002(i) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 4002(i) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 4002(i) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

Temporary Legislation

See Historical and Statutory Notes following § 38-2901.


§ 38–2912. Variations in per pupil allocations.

Variations from uniformity in the Formula are not intended as an exercise of the Council’s line-item authority over the DCPS budget. Allocations by the count of students in certain grade levels and programs are intended only to generate total appropriation amounts on a per student basis.


(Mar. 26, 1999, D.C. Law 12-207, § 113, 45 DCR 8095.)

Prior Codifications

1981 Ed., § 31-2912.

Emergency Legislation

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

For temporary (90-day) addition of section, see § 2 of the School Proximity Traffic Calming Emergency Act of 1999 (D.C. Act 13-195, December 1, 1999, 46 DCR 10437).

For temporary (90-day) addition of section, see § 2 of the School Proximity Traffic Calming Congressional Review Emergency Act of 2000 (D.C. Act 13-279, March 7, 2000, 47 DCR 2209).

For temporary (90 day) addition of § 38-2951, see § 3372 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Temporary Legislation

Section 2 of D.C. Laws 13-087 added the School Proximity Traffic Calming Temporary Act of 1999 to read as follows:

“(a) The Mayor is authorized to install traffic control devices, as deemed necessary, after completing an investigation of school zones.

“(b) The Mayor shall, when conducting an investigation, consider the number of persons who have been hit by a vehicle, bicycle, or motorcycle in a school zone, the likelihood of these accidents occurring in the future and the volume of traffic.

“(c) The District of Columbia Public Schools and the Metropolitan Police Department shall submit monthly statistical reports to the Mayor which shall include:

“(1) The number of persons who were hit by a vehicle, bicycle or motorcycle in and around school zones; and

“(2) The type of injuries suffered.

“(d) The information in subsection (c) of this section shall be made available, within 15 days from the date of request from the Mayor.

“(e) School zones shall have a speed limit posted at 15 miles per hour and signs erected warning of the existence of children. For those school zones that have a traffic control device, signs shall be erected warning of the existence of these devices.

“(f) At least one crossing guard shall be placed at elementary schools. Crossing guards shall be placed at middle or junior high schools, and high schools where deemed necessary by the Metropolitan Police Department.

“(g) Traffic control devices, when constructed and posted pursuant to this section, shall not be deemed obstructions of the road or street. No action shall be brought on behalf of any party against the District for damages caused by a speed control device.

“(h) The Mayor shall submit a report to the Council which shall include the findings of the investigation and the type of traffic control devices that should be installed at all school zones within 60 days from the effective date of this act.

“(i) For purposes of this act, ‘traffic control devices’ includes traffic signals, flashing red and yellow signals, stop signs, signs that warn of the existence of children, markers, speed humps or bumps, rumble strips, or signs that reduce the speed limit.”

Section 4(b) of D.C. Laws 13-087 provided that the act shall expire after 225 days of its having taken effect.

See Historical and Statutory Notes following § 38-2901.


§ 38–2913. Services.

Beginning in Fiscal Year 2022, services provided by District of Columbia government agencies to public schools shall be provided on an equitable basis to the District of Columbia Public Schools and public charter schools. Any services that are funded apart from the Uniform per Student Funding Formula shall not also be funded by the Uniform Per Student Funding Formula.


(Mar. 26, 1999, D.C. Law 12-207, § 115; as added Sept. 24, 2010, D.C. Law 18-223, § 4062, 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(d), 58 DCR 1008; Sept. 20, 2012, D.C. Law 19-168, § 4072, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 4102, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 4062, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4002(c), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4002(d), 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, § 4002(d), 65 DCR 9388.)

Effect of Amendments

D.C. Law 18-370 substituted “2013” for “2012”.

The 2012 amendment by D.C. Law 19-168 substituted “fiscal year 2014” for “fiscal year 2013” in the first sentence.

The 2013 amendment by D.C. Law 20-61 substituted “fiscal year 2015” for “fiscal year 2014” in the first sentence.

The 2015 amendment by D.C. Law 20-155 substituted “Fiscal Year 2016” for “fiscal year 2015” in the first sentence.

The 2015 amendment by D.C. Law 21-36 substituted “Fiscal Year 2017” for “fiscal year 2016” in the first sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4002(d) 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 § 4002(d) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) additions, see § 4062 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 402(d) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 days) amendment of this section, see § 4102 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) amendment of this section, see § 4102 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).

For temporary (90 days) amendment of this section, see § 4062 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 4062 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 4062 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 4002(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Short title: Section 4061 of D.C. Law 18-223 provided that subtitle G of title IV of the act may be cited as the “Public Education Finance Reform Commission Establishment Amendment Act of 2010”.

Section 4101 of D.C. Law 20-61 provided that Subtitle J of Title IV of the act may be cited as the “Education Funding Formula Equity 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.


§ 38–2914. Public Education Finance Reform Commission.

(a)(1) An independent organization shall be retained by the Mayor of the District of Columbia to convene and staff an independent commission on public education finance reform in the District of Columbia, to be known as the Public Education Finance Reform Commission (“Commission”).

(2) The Commission shall:

(A) Be conducted according to the standard procedures of the independent organization, with full cooperation of the:

(i) Council;

(ii) Mayor;

(iii) Chancellor;

(iv) State Superintendent of Education; and

(v) Other government personnel;

(B) Establish a process by which the public may participate in providing information, opinion, and reaction to Commission proceedings and reports; and

(C) Post all documents that it produces on the Internet.

(3) All Commission meetings and deliberations shall be open to the public.

(b) The Commission shall study and report on revisions to the Uniform Per Student Funding Formula with regard to improvements in:

(1) Equity;

(2) Adequacy;

(3) Affordability; and

(4) Transparency, including:

(A) The maintenance of uniformity in funding between District of Columbia Public Schools (“DCPS”) and public charter schools, taking into account services provided without charge by other District of Columbia agencies;

(B) The determination of the funding level needed by DCPS and the public charter schools to provide educational services sufficient to enable public school students, including special education students and English-language learners, to meet the academic standards of the District of Columbia;

(C) The fiscal ability of the District of Columbia government to provide the necessary funding level; and

(D) The presentation of the Uniform Per Student Funding Formula and calculations made pursuant to it so that the public may clearly understand the basis of the calculations and related budget appropriations.

(c)(1) Prior to the delivery of final recommendations, the Commission shall provide to the Mayor and Council an equity report detailing for fiscal years 2009 and 2010:

(A) The kinds and amounts of payments made directly to DCPS and to public charter schools from the General Fund of the District of Columbia;

(B) The kind and amount of any other transfers from the General Fund of the District of Columbia to DCPS and public charter schools from District of Columbia government agencies;

(C) The kind and value of in-kind services provided to DCPS and the public charter schools by District of Columbia government agencies; and

(D) The kind and value of reprogrammed funds from the General Fund of the District of Columbia to DCPS or the public charter schools.

(2) The equity report shall include:

(A) An analysis of the impact of these payments, transfers, in-kind services, and reprogramming on the uniformity of funding for DCPS and public charter schools;

(B) Recommendations for increasing uniformity in the 2013 budget and succeeding years; and

(C) Weaknesses in the Uniform Per Student Funding Formula Act or in its implementation, if any, that interfere with uniformity of funding.

(d) No later than November 30, 2011, the Commission shall provide the Mayor and Council with a final report and its recommendations for consideration in the development of the fiscal year 2013 budget.


(Mar. 26, 1999, D.C. Law 12-207, § 116; as added Sept. 24, 2010, D.C. Law 18-223, § 4062, 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 402(e), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 7013, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 97, 59 DCR 6190.)

Effect of Amendments

D.C. Law 18-370, in subsec. (a)(1), substituted “Mayor” for “Council”; rewrote subsec. (c)(1); and, in subsec. (d), substituted “September 30” for “June 30”. Prior to amendment, subsec. (c)(1) read as follows: “(c)(1) No later than January 31, 2011, the Commission shall provide to the Council an equity report detailing for fiscal years 2009 and 2010:”

D.C. Law 19-21, in subsec. (c)(1), substituted “Prior to the delivery of final recommendations, the Commission shall provide to the Mayor and Council” for “No later than January 31, 2011, the Commission shall provide to the Council”; and, in subsec. (d), substituted “November 30, 2011” for “June 30, 2011”.

The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 19-21 which did not affect this section as codified.

Emergency Legislation

For temporary (90 day) additions, see § 4062 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 402(e) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 7013 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).