§ 1–325.44. Criteria for use of bond revenue by District of Columbia Public Schools.

(a) To receive funds from the Bond Revenue account of the Schools Modernization Fund, the District of Columbia Public Schools (“DCPS”) shall:

(1) Develop a new Master Facilities Plan pursuant to § 38-2803, that incorporates the findings and goals of the master education plan developed by the Superintendent.

(2) Consolidate facilities and dispose of underused buildings in accordance with the Master Facilities Plan developed under subsection (a) of this section, and applicable law; and

(3) Submit to the Mayor and Council a proposed expenditure plan developed in consideration of city-wide capital efforts and approved by the Board of Education which shall include:

(A) The specific repair or renovation for which the requested funds shall be used;

(B) An explanation as to why these additional funds, which are available over and above funds appropriated for capital investment in schools, are necessary;

(C) An analysis as to how the specific project fits into the Master Facilities Plan developed under subsection (a) of this section and DCPS’ strategic objectives for school modernization;

(D) An analysis of any new program capacity to be created, including the student population to be served, how it fits into the master education plan developed by the Superintendent, and any anticipated savings resulting from providing programs within DCPS facilities instead of out-of-state;

(E) A declaration that no funds from the Bond Revenue account are intended for expenditure on a facility set for disposition; and

(F) A time table for completion of the proposed repair or renovation.

(b) Priority in funding shall be given to projects that:

(1) Locate new out-of-District special education programs within DCPS facilities;

(2) Create additional capacity for vocational education programs within DCPS facilities;

(3) Co-locate public charter schools within DCPS facilities; or

(4) Develop mixed-use facilities in collaboration with the District of Columbia Public Library, the Department of Parks and Recreation, or other appropriate District agencies.

(Oct. 20, 2005, D.C. Law 16-33, § 4045, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 5(r), 53 DCR 6794.)

Section References

This section is referenced in § 1-325.43 and § 1-325.45.

Effect of Amendments

D.C. Law 16-191, in subsec. (b)(4), validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) addition, see § 4045 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 § 3 of School Modernization Funds Submission Requirements Waiver Emergency Amendment Act of 2007 (D.C. Act 17-30, April 19, 2007, 54 DCR 4079).

For temporary (90 day) amendment of section, see § 3 of School Modernization Use of Funds Requirements Emergency Amendment Act of 2007 (D.C. Act 17-129, October 5, 2007, 54 DCR 10030).

For temporary (90 day) amendment of section, see § 3 of School Modernization Use of Funds Requirement Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-229, December 27, 2007, 55 DCR 225).

For temporary (90 days) school modernization library funding, see § 4122 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) school modernization library funding, see § 4122 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).

Temporary Legislation

Section 3 of D.C. Law 17-15 repealed subsec. (a).

Section 5(b) of D.C. Law 17-15 provided that the act shall expire after 225 days of its having taken effect.

Section 3 of D.C. Law 17-97, in subsec. (a), in the heading, substituted “Office of Public Education Facilities Modernization” for “District of Columbia Public Schools”, in par. (1), substituted “Facilities Master Plan” for “Master Facilities Plan” and “Chancellor” for “Superintendent”, in par. (2), substituted “Facilities Master Plan” for “Master Facilities Plan”, in the lead-in language of par. (3), substituted “,which shall include” for “and approved by the Board of Education which shall include”, in par. (3)(C), substituted “Facilities Master Plan” for “Master Facilities Plan”, and in par. (3)(D), deleted “developed by the Superintendent,”.

Section 7(b) of D.C. Law 17-97 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Section 4121 of D.C. Law 20-61 provided that Subtitle L of Title IV of the act may be cited as the “School Modernization Library Initial Circulation Funding Act of 2013”.

Editor's Notes

Section 4122 of D.C. Law 20-61 provided that for any completed school modernization, unexpended capital funds shall first be used to purchase the initial circulation in that school’s library before being reprogrammed for any other purpose.