§ 38–101. Election; term of office; vacancies; meetings.

Repealed.

(June 20, 1906, 34 Stat. 316, ch. 3446, § 2(a)-(f); Jan. 26, 1929, 45 Stat. 1139, ch. 105; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; Aug. 2, 1957, 71 Stat. 341, Pub. L. 85-119, § 1; Apr. 22, 1968, 82 Stat. 102, Pub. L. 90-292, § 3(a), (c); Dec. 23, 1971, 85 Stat. 795, Pub. L. 92-220, § 3; Aug. 14, 1973, 87 Stat. 313, Pub. L. 93-92, § 2; Aug. 18, 1978, D.C. Law 2-101, § 4, 25 DCR 257; Mar. 3, 1979, D.C. Law 2-139, § 3204(a), 25 DCR 5740; Sept. 26, 1984, D.C. Law 5-116, § 6, 31 DCR 4018; July 18, 2000, D.C. Law 13-149, § 2, 47 DCR 4639; Dec. 7, 2004, D.C. Law 15-211, § 2, 51 DCR 8805; Apr. 13, 2005, D.C. Law 15-354, §§ 53, 93, 52 DCR 2638; June 12, 2007, D.C. Law 17-9, § 1003(a), 54 DCR 4102.)

Prior Codifications

1981 Ed., § 31-101(b)—(e).

1973 Ed., § 31-101.

Section References

This section is referenced in § 1-636.02.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3 of the Extension of the Nominating Petition Time Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-452, November 7, 2000, 47 DCR 9403).

For temporary (90 day) amendment of section, see § 2 of Board of Education Continuity and Transition Emergency Amendment Act of 2004 (D.C. Act 15-465, June 30, 2004, 51 DCR 6997).

For temporary (90 day) maximization of federal and private grant acquisition provisions, see § 4052 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 of Board of Education Continuity and Transition Congressional Review Emergency Act of 2004 (D.C. Act 15-533, October 4, 2004, 51 DCR 9628).

For temporary (90 day) maximization of federal and private grant acquisition provisions, see § 4052 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 § 2 of Board of Education Continuity and Transition Second Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-659, December 29, 2004, 52 DCR 1434).

Temporary Legislation

Section 2 of D.C. Law 15-204 rewrote subsec. (a); in subsec. (b), substituted “paragraph (3)(C), (E), and (F)” for “paragraph (3)(C) and (3)(D)” and substituted “including the at-large member” for “including the President” in par. (1), rewrote subpar. (A) of par. (3), repealed subpar. (D) of par. (3), and added subpars. (E) and (F) of par. (3); in subsec. (c), inserted “or ward” after “special school district” in par. (1); and in subsec. (f), substituted “subsection (b)(3)(C) and (E)” for “subsection (b)(3) (C)”. Subsec. (a), and subpars. (A), (E), and (F) of par. (3) of subsec. (b), read as follows:

“(a)(1) Beginning July 7, 2000, and ending at noon January 2, 2009, the Board of Education shall consist of 9 members. Four members shall be appointed by the Mayor and confirmed by the Council. Five members shall be elected. Four of the 5 elected members shall be elected from the 4 school districts created pursuant to paragraph (2) of this subsection. One member shall be elected at-large as the president of the Board.

“(2) Beginning July 7, 2000, and ending at noon January 2, 2009, the 4 school districts for the election of Board members pursuant to paragraph (1) of this subsection, shall be comprised of the 8 election wards created pursuant to section 2 of the Boundaries Act of 1975, effective December 16, 1975 (D.C. Law 1-38; D.C. Official Code § 1-1011.01), as follows:

“(A) Wards 1 and 2 shall comprise School District I;

“(B) Wards 3 and 4 shall comprise School District II;

“(C) Wards 5 and 6 shall comprise School District III; and

“(D) Wards 7 and 8 shall comprise School District IV.

“(3) Beginning January 2, 2009, the Board of Education shall consist of 9 members. One member shall be elected from each of the 8 school election wards established pursuant to section 2 of the Boundaries Act of 1975, effective December 16, 1975 (D.C. Law 1-38; D.C. Official Code § 1-1011.01), and one member shall be elected at-large. The Board shall select its President from among the 9 members of the Board.”

“(A)(i) The term of office of a member of the Board of Education elected in a general election shall commence on January 2 of the year following the election. The term of office of an incumbent member of the Board shall expire at noon January 2 of the year following the general election.

“(ii) The term of a member elected from a school district or appointed pursuant to subsection (a)(1) of this section shall expire at noon January 2, 2009.”

“(E)(i) The 2 members of the Board of Education elected in 2006 from School Districts III and IV and the President elected in 2006 shall serve through January 2, 2009.

“(ii) The 2 members of the Board of Education appointed by the Mayor and confirmed by the Council for terms to begin January 2, 2007, shall serve through January 2, 2009.”

“(F) The initial terms of the members of the Board of Education elected in the general election in November 2008 shall be as follows:

“(i) The 4 members elected from wards 1, 3, 5, and 7 shall serve 2 year terms, ending at noon January 2, 2011; and

“(ii) The 4 members elected from wards 2, 4, 6 and 8 and the member elected at-large shall serve 4 year terms, ending at noon January 2, 2013.”

Section 5(b) of D.C. Law 15-204 provided that the act shall expire after 225 days of its having taken effect.