§ 38–2602. Responsibilities.

(a) Within one year of the Officer’s appointment, but not later than October 2001, and except as provided in § 38-2604, the OSSE shall assume the responsibilities listed in subsection (b) of this section. The transfer and assumption of responsibilities shall take place in accordance with the short-term plan to be submitted by the Officer to the Mayor for approval by February 15, 2001, or 5 weeks from the establishment of the OSSE, whichever is later.

(b) The OSSE shall:

(1) Have authority for all state functions for federally sponsored child nutrition programs in the District, including those sponsored by the United States Department of Agriculture;

(2) Verify annual fall enrollment counts for all public and public charter schools pursuant to § 38-1804.02 and § 38-159;

(3) Formulate and promulgate rules for the documentation and verification of District residency for public and public charter school students, pursuant to §§ 38-302 and 38-303;

(3A) Beginning in May 2024, and annually thereafter, electronically publish for each public school and public charter school the previous school year's expenditures, based on the common financial reporting standards established by the Department of Education pursuant to § 38-191(b)(10), in a manner that permits the public to easily compare expenditures between individual schools and between local education agencies.

(4) Make recommendations for periodic revisions to the Uniform Per Student Funding Formula pursuant to § 38-2911;

(4A) Administer the common lottery system for admission to public schools in the District of Columbia;

(5) Conduct a study to be submitted to the Mayor and Council recommending additional functions to be assumed by the OSSE and a proposed transition plan meeting the specifications of § 38-2605;

(6) Oversee the functions and activities of the Higher Education Licensure Commission, established by § 38-1303, including acting as the state portal agency for the purposes of state authorization reciprocity;

(6A) Establish and administer licensure requirements for pre-kindergarten programs, pursuant to § 38-271.02(a)(3);

(7) Issue rules to establish requirements to govern acceptable credit to be granted for studies completed at independent, private, public, public charter schools, and private instruction;

(8) Prescribe minimum amounts of instructional time for all schools, including public, public charter, and private schools;

(8A) Prescribe standards for extended learning time beyond the regular school day for public schools, including public charter schools;

(9) Oversee the state-level functions and activities related to early childhood education programs, including the public education of the Early Intervention Services Program, in accordance with § 7-863.02;

(9A) Administer pre-kindergarten education, in accordance with § 38-271.02;

(9B) Conduct a residency audit, annually, to establish the number of in-District and out-of-District children enrolled in pre-kindergarten pursuant to Chapter 2A of this title [§ 38-271.01 et seq.];

(10) Provide for the education of children in the custody of the Department of Youth Rehabilitation Services;

(11) Formulate and promulgate rules necessary to carry out its functions, including rules governing the process for review and approval of state-level policies by the State Board of Education under § 38-2652, pursuant to Chapter 5 of Title 2 [§ 2-501 et seq.];

(12) Develop and adopt policies that come within the functions of state educational agencies under federal law, subject to the approval of the State Board of Education for those policies that are subject to board approval under § 38-2652;

(13) Conduct studies and pilot projects to develop, review, or test state policy;

(14) Repealed;

(15) Fulfill any other responsibilities consistent with the performance of the state-level education functions of the District of Columbia;

(16) Promulgate rules for the administration and implementation of the uniform per student funding formula, pursuant to Chapter 29 of this title;

(17) Have the authority to collect and dedicate fees for state academic credential certifications and general educational development testing as well as for any other state-level education function, as established by the Superintendent by regulation;

(18) Have the authority to issue grants, from funds under its administration (including the non-public tuition paper agency), to local education agencies (“LEAs”) for programs that increase the capacity of the LEA to provide special education services;

(19) By August 1, 2013, create a truancy prevention resource guide for parents and legal guardians who have children who attend a District public school, which shall be updated and made available upon request and, at minimum, include:

(A) An explanation of the District’s laws and regulations related to absenteeism and truancy;

(B) Information on:

(i) What a parent or legal guardian can do to prevent truancy;

(ii) The common causes of truancy; and

(iii) Common consequences of truancy;

(C) A comprehensive list of resources that are available to a parent or legal guardian, and the student, that address the common causes of truancy and the prevention of it, such as:

(i) Hotlines that provide assistance to parents, legal guardians, and youth;

(ii) Counseling for the parent (or legal guardian) or the youth, or both;

(iii) Parenting classes;

(iv) Parent-support groups;

(v) Family psycho-education programs;

(vi) Parent-resource libraries;

(vii) Risk prevention education;

(viii) Neighborhood family support organizations and collaboratives that provide assistance to families experiencing hardship;

(ix) Behavioral health resources and programs in schools;

(x) The Behavioral Health Ombudsman Program; and

(xi) The resources at each public school for at-risk students and their parents or legal guardians;

(20)(A) Oversee the functions and activities, as required, of Chapter 7C of this title [§ 38-771.01 et seq.], including ensuring the integrity and security of Districtwide assessments administered by a local education agency;

(B) At least 45 days before the start of the first Districtwide assessment of the school year, issue standards to obtain and securely maintain and distribute secure test materials, which shall at a minimum require that:

(i) An inventory of all secure test materials be maintained;

(ii) All secure test materials be secured under lock and key, or other equivalent security measures for electronic secure test materials with limited access;

(iii) Only authorized personnel have access to secure test materials; and

(iv) All authorized personnel are notified of their test integrity and security obligations before being permitted to access secure test materials or assist in the administration of a Districtwide assessment;

(C) Require each LEA to maintain and submit to OSSE at least 15 days before the administration of the first Districtwide assessment of the school year, a separate test security plan for each school and campus under the LEA’s control that at minimum includes:

(i) Procedures for the secure maintenance, dissemination, collection, and storage of Districtwide assessment materials before, during, and after administering a test, including:

(I) Keeping an inventory of all materials and identifying individuals with access to the materials;

(II) Accounting for and reporting to the OSSE any materials that are lost or otherwise unaccounted; and

(III) Accounting for and securing old or damaged materials;

(ii) The name and contact information for the test integrity coordinator and the test monitors at each school under the LEA’s control;

(iii) A list of actions prohibited by authorized personnel;

(iv) Procedures pursuant to which students, authorized personnel, and other individuals may, and are encouraged to, report irregularities in testing administration or testing security; and

(v) Written procedures for investigating and remediating any complaint, allegation, or concern about a potential failure of testing integrity and security;

(D) Approve a school’s test security plan at least 5 days before testing and make recommendations to amend the plan when necessary;

(E) Keep a copy of each school’s test security plan on file, which shall be made available to a member of the public upon request;

(F) Establish a standard for monitoring the administration of Districtwide assessments to ensure compliance with all applicable laws, regulations, and policies;

(G) Monitor Districtwide assessment administration procedures in randomly selected schools and in targeted schools to ensure adherence to all applicable laws, regulations, and policies, which may occur one week before the administration of a Districtwide assessment and during the administration of a Districtwide assessment;

(H) Establish a process by which to ensure compliance with all applicable laws and regulations for the administration of Districtwide assessments for LEA students at nonpublic schools;

(I) Develop and distribute a testing integrity and security notification statement;

(J) At least 45 days before the first assessment of the school year, issue standards to train authorized personnel on testing integrity and security and require that attendance be taken at such training;

(K) Provide technical assistance to LEAs regarding testing integrity and security procedures;

(K-i) Collaborate with LEAs to ensure accurate reporting of any testing violation while preserving the privacy of involved students and staff;

(L) Establish standards for the investigation of any alleged violation of an applicable law, regulation, or policy relating to testing integrity and security, which standards shall:

(i) Identify the circumstances that trigger an investigation;

(ii) Require the initiation of an investigation even if only one circumstance is present; provided, that there appears to be egregious noncompliance; and

(iii) Require the investigation of any report of a violation of the laws, regulations, and policies relating to testing integrity and security;

(M) Cooperate with any investigation initiated by the Office of the Attorney General for the District of Columbia or the U.S. Attorney’s Office; and

(N) Revoke, for a period of at least one year, any OSSE granted certification or license granted to an individual who is found to have knowingly and willfully violated, assisted in the violation of, solicited another to violate or assist in the violation of, or failed to report a violation of this paragraph, regulations issued pursuant to this paragraph, other applicable law, or other test integrity policy or procedure.

(O) For the purposes of this paragraph, the term:

(i) “Authorized personnel” means any individual who has access to Districtwide assessment materials or is directly involved in the administration of a Districtwide assessment.

(ii) “Districtwide assessments” shall have the same meaning as provided in § 38-1800.02(13); provided, that for the purposes of this paragraph, the term “Districtwide assessment” means assessments used only for accountability purposes.

(iii) “Local education agency” or “LEA” means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.

(iii-I) “Secure test materials” means test materials that might contain or provide access to assessment content, such as information about test questions or answers, including test questions, passages, or performance tasks, answer documents, and used scratch paper.

(iv) “Test integrity coordinator” means an individual designated by a LEA to be responsible for testing integrity and security for the LEA in its entirety during the administration of a Districtwide assessment.

(v) “Testing integrity and security notification statement” means a notification developed by OSSE that:

(I) Sets forth requirements for ensuring integrity of Districtwide assessments pursuant to District law and regulation; and

(II) Notifies the recipient that knowingly and willingly violating a District law, regulation, or a test security plan could result in civil liability, including the loss of an OSSE granted certification or license.

(vi) “Test monitor” means an individual designated by a LEA to be responsible for testing integrity and security at each individual school subject to the LEA’s control during the administration of a Districtwide assessment;

(21) Implement and administer the CTE grant program established by § 38-2611 and administer the CTE Grant Program Fund established by § 38-2612;

(22) Administer the Healthy Schools Fund and fulfill its other responsibilities under Chapter 8A of this title [§ 38-821.01 et seq.];

(23) Administer Healthy Tots funding and fulfill its other responsibilities under Chapter 2B of this title [§ 38-281 et seq.];

(24) Provide supplemental funding for early literacy programs targeting 3rd grade reading success through a competitive, multiyear grant program, subject to available funding, for eligible grantees who are early literacy providers that, at a minimum:

(A) Provide a full continuum of school-based, early literacy intervention services for all grades pre-K through 3rd consisting of developmentally appropriate components for each grade;

(B) Deliver the literacy program by professionally coached interventionists;

(D) Collect data on student progress monthly;

(E) Use an intervention model that is comprehensive and has been proven to be effective in one or more empirical studies; and

(F) Are not local education agencies;

(25) Procure, distribute, and maintain the undesignated epinephrine auto-injector supply and fulfill its other responsibilities as required by subchapter IV of Chapter 6 of this title.[;]

(26)(A) Develop and publish online written guidance to assist LEAs in developing and adopting policies and procedures for handling aspects of student mental and behavioral health. The written guidance shall include model policies for identifying, appropriately supporting, and referring to behavioral health service providers students with mental and behavioral health concerns, and model policies for suicide prevention, suicide intervention, and suicide postvention, especially for at-risk youth sub-groups.

(B) OSSE shall examine its guidance on mental and behavioral health in schools at least every 5 years and update its guidance as needed. Within 30 days of updating its guidance, OSSE shall notify LEAs of the update.

(i) "At-risk youth sub-groups" means:

(I) Youth living with mental illness or substance-use disorders;

(II) Youth who engage in self-harm or have attempted suicide;

(III) Youth in out-of-home settings;

(IV) Youth experiencing homelessness;

(V) Youth who identify as lesbian, gay, bisexual, transgender, or questioning;

(VI) Youth bereaved by suicide; and

(VII) Other populations identified as at-risk of suicide in the most recent DC Youth Risk Behavior Survey results.

(ii) "Suicide intervention" means specific actions schools can take in response to student suicidal behavior, including:

(I) Student supervision;

(II) Notification of parents or guardians;

(III) Crisis-response protocols;

(IV) When and how to request an immediate mental health assessment or emergency services; and

(V) School re-entry procedures following a student mental health crisis.

(iii) "Suicide postvention" means planned support and interventions schools can implement after a suicide attempt or suicide death of a member of the school community that are designed to:

(I) Reduce the risk of suicide contagion;

(II) Provide support for affected students and school-based personnel;

(III) Address the social stigma associated with suicide; and

(IV) Disseminate factual information about suicide.

(iv) "Suicide prevention" means specific actions schools can take to recognize and reduce suicidal behavior, including:

(I) Identifying risk and protective factors for suicide and suicide warning signs;

(II) Establishing a process by which students are referred to a behavioral health provider for help;

(III) Making available school-based and community-based mental health supports;

(IV) Providing the location of available online and community suicide prevention resources, including local crisis centers and hotlines; and

(V) Adopting policies and protocols regarding suicide prevention, intervention, and postvention, school safety, and crisis response;

(27)(A) Develop and publish a publicly accessible online catalogue of all professional development or training programs offered by OSSE. For each professional development or training program, the catalogue shall include the following:

(i) Date, time, and location of program sessions;

(ii) A program description;

(iii) The number of seats available per session of the program;

(iv) Prerequisites for a particular session or program; and

(v) Instructions for registration.

(B) By June 30 of each year, beginning in 2017, OSSE shall publicly release its catalogue of professional development and training programs offered for the upcoming school year, and it shall periodically update the catalogue as additional programs are added;

(28)(A) Beginning in school year 2016-2017 and continuing through school year 2019-2020, implement a pilot program at select District of Columbia public schools and public charter schools for collecting school climate data through school climate surveys.

(B) Pursuant to the pilot program, participating District of Columbia public schools and public charter schools, in conjunction with OSSE, shall annually issue a school climate survey to enrolled students in grades 7-10, school-based personnel, and the parents or legal guardians of enrolled students in grades 7-10.

(C) Based on the survey data obtained pursuant to the pilot program described in subparagraph (A) of this paragraph, OSSE shall annually analyze school climate in the District and report its findings to the Mayor and the Council no later than October 1 following the school year in which the climate data was collected. Each annual report shall include an analysis of school climate data in light of participating schools’ student demographics, to be measured, at a minimum, by students’:

(i) Race or ethnicity;

(ii) Gender;

(iii) Status as an English language learner;

(iv) Status as a student with an individualized education program;

(v) Status as an at-risk student, as defined by § 38-2901(2A); and

(vi) Sexual orientation.

(D) By December 1, 2019, OSSE shall submit to the Council a plan to expand school climate surveys to all District of Columbia public schools and public charter schools serving any grade 6-12, beginning in school year 2020-2021.

(E) For the purposes of this paragraph, the term "school climate survey" means a comprehensive Internet-based survey platform designed to be implemented by local education agencies to collect data from students, parents, and school staff on 3 key domains of school climate:

(i) Engagement, including cultural and linguistic competence, relationships, and participation;

(ii) Safety, including emotional safety, physical safety, bullying and cyberbullying, substance use, and emergency readiness and management; and

(iii) Environment, including physical environment, instructional environment, physical health, mental health, and discipline;

(29) Have the authority to issue grants, from funds under its administration, to District of Columbia public schools or public charter schools, local education agencies, institutions of higher education, nonprofit organizations, and other education service providers to increase access to postsecondary and career education opportunities, including:

(A) Programs implementing career and technical education;

(B) SAT or ACT preparation programs;

[(C)] Dual enrollment programs; and

(D) Programs focused on a successful transition to college and careers;

(29A) Have the authority to increase access, promote retention, and improve District resident completion of postsecondary education in the District by:

(A) Awarding scholarships and financial assistance for tuition, fees, room and board, books, supplies, and other costs of postsecondary education, including:

(i) Dual enrollment programs;

(ii) Costs associated with gaining admission or increasing the chances of gaining admission to an institution of higher education in the District, including test preparation programs, standardized test fees, and application fees;

(iii) Programs designed to support students navigating the college process through completion; and

(iv) Funding if the cost of education prevents a student or prospective student from starting, continuing, or completing their postsecondary education; and

(B) Paying for the financial assistance described in subparagraph (A) of this paragraph through the issuance of direct vouchers or payments to institutions of higher education in the District;

(30) Provide schools the supports set forth in § 38-236.06;

(30A)(A) In consultation with the District of Columbia Department of Motor Vehicles, create and implement a Selective Service awareness campaign ("campaign").

(B) The campaign shall include the following information:

(i) Who is required, under federal law, to register for Selective Service and the penalties for failing for register;

(ii) When an individual required to register for Selective Service must do so;

(iii) Clear step-by-step guidance on how to register; and

(iv) An explanation of the programs and opportunities for which an individual will not be eligible if the individual does not register for the Selective Service.

(C) As part of the campaign established in subparagraph (A) of this paragraph, ensure that all individuals currently enrolled in a District of Columbia public or public charter school who are required to register for Selective Service in compliance with the requirements of section 3 of the Military Selective Service Act, approved June 24, 1948 (62 Stat. 605; 50 U.S.C. App. § 453), are notified of the registration requirement within 30 days of the individual's 18th birthday.

(D) By March 30th of each year, using information requested and obtained from the Selective Service, compile and transmit to the Council a report detailing:

(i) The total number of District residents who registered in the previous calendar year;

(ii) The barriers to Selective Service registration;

(iii) The District's efforts to increase Selective Service registration during the preceding calendar year, and

(iv) How the District plans to increase registration in the current year;

(31)(A) Administer the Youth Risk Behavior Surveillance System ("YRBSS"), which shall include questions related to the sexual orientation, gender identity, and gender expression of respondents, to students in District public and public charter schools covered by the YRBSS each year in which the YRBSS is conducted.

(i) The OSSE shall give preference to modules or questions approved by the U.S. Centers for Disease Control and Prevention related to the sexual orientation, gender identity, or gender expression of respondents.

(ii) The OSSE may develop its own questions related to the sexual orientation, gender identity, or gender expression of respondents to add to the YRBSS.

(B) Publish a detailed report on the results of each YRBSS on its website, which shall differentiate the prevalence of health-related risk behaviors, chronic health conditions, and use of preventive services among the LGBTQ youth population and the general youth population.

(C) Provide schools and LEAs with their respective school-level and LEA-level aggregate data to a subset of high-priority questions from the YRBSS, as determined by OSSE in consideration of relevant stakeholder feedback; and

(32) Have the authority to issue grants, from funds under its administration, to non-profit and community-based organizations to increase access to, the affordability of, and the quality of child care in the District.

(c)(1) There is established as a special fund the Academic Certification and Testing Fund (“Fund”). All fees collected by the Office of the State Superintendent of Education for state academic credential certifications, general educational development testing, or any other state-level education function established pursuant to subsection (b)(17) of this section shall be deposited into the Fund.

(2) All funds deposited into the Fund, and any interest earned on those funds, shall be used for the purposes set forth in paragraph (3) of this subsection. Any unexpended funds in the Academic Certification and Testing Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.

(3) The Fund shall be administered by the State Superintendent of Education and shall be used to support the administration of state academic credential certifications, General Educational Development, and other state-level programs.

(d)(1) Not funded.

(2) Not funded.

(3) No later than September 30, 2024, OSSE shall submit a report to the Mayor and the Council, developed in consultation with the State Board of Education, DCPS, the District of Columbia Public Charter School Board ("PCSB"), and other stakeholders, which shall:

(A) Compare and assess school improvement best practices from other jurisdictions;

(B) Identify and explain the metrics that will be used to determine the schools whose academic performance is, at minimum, in the lowest 5% of all public schools in the District;

(C) Propose evidence-based strategies for continuous school improvement models for the lowest performing 5% of District public schools, including:

(i) The processes and frameworks for implementing the models;

(ii) How each strategy or model will address professional development for educators, direct coaching, and leadership focused on addressing instructional practice; and

(iii) How utilization of the models and Office funding will align with PCSB and DCPS accountability metrics and frameworks;

(D) Provide recommendations for how the Office will work collaboratively with qualifying schools and school stakeholders to select and implement evidence-based strategies to significantly increase proficiency and growth in reading and math through proven methods and improve other school designation metrics;

(E) Provide recommendations on how the Office may strengthen a designated school's finances, financial management, policies, and culture;

(F) Describe how a participating school's improvement will be evaluated, including the criteria for exiting the Program;

(G) Explain how the Program will adjust to address a school that has not demonstrated sufficient improvement to exit the program after 5 years;

(H) Explain the funding and resources needed to successfully establish and operate the Office and implement the Program for participating schools;

(I) Set forth what additional authority OSSE will need, if any, to implement the report's recommendations and establish the Office and Program; and

(J) Discuss any additional items relevant to the needs of the Office or Program.

(4) Not funded.

(5) Not funded.

(Oct. 21, 2000, D.C. Law 13-176, § 3, 47 DCR 6835; Nov. 13, 2003, D.C. Law 15-39, § 302, 50 DCR 5668; Oct. 20, 2005, D.C. Law 16-33, § 4003(a), 52 DCR 7503; June 12, 2007, D.C. Law 17-9, § 302(c), 54 DCR 4102; Sept. 18, 2007, D.C. Law 17-20, § 4012(a), 54 DCR 7052; July 18, 2008, D.C. Law 17-202, § 607, 55 DCR 6297; Aug. 16, 2008, D.C. Law 17-219, § 4008, 55 DCR 7598; Mar. 25, 2009, D.C. Law 17-353, § 215(d), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 4031, 57 DCR 181; Apr. 8, 2011, D.C. Law 18-370, § 404, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 9057, 58 DCR 6226; June 7, 2012, D.C. Law 19-141, § 303, 59 DCR 3083; Sept. 19, 2013, D.C. Law 20-17, § 102, 60 DCR 9839; Oct. 17, 2013, D.C. Law 20-27, § 201, 60 DCR 11120; Feb. 22, 2014, D.C. Law 20-87, § 2(b), 61 DCR 309; Feb. 26, 2015, D.C. Law 20-155, § 4076, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 4142, 62 DCR 10905; Jan. 9, 2016, D.C. Law 21-44, § 3, 62 DCR 14236; Feb. 27, 2016, D.C. Law 21-74, § 4(a), 63 DCR 252; Mar. 9, 2016, D.C. Law 21-77, § 3(b), 63 DCR 756; June 17, 2016, D.C. Law 21-120, § 3, 63 DCR 6856; Dec. 13, 2017, D.C. Law 22-33, §§ 4042, 4052, 4094, 4122, 64 DCR 7652; Aug. 25, 2018, D.C. Law 22-157, § 3(d), 65 DCR 7499; Oct. 30, 2018, D.C. Law 22-168, § 4063, 65 DCR 9388; Apr. 11, 2019, D.C. Law 22-291, § 4(b), 66 DCR 1687; Dec. 3, 2020, D.C. Law 23-149, §§ 4022, 4053, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 4052, 68 DCR 010163; June 30, 2022, D.C. Law 24-128, § 2, 69 DCR 004400; Sept. 6, 2023, D.C. Law 25-50, § 4154(b), 70 DCR 10366; Mar. 23, 2024, D.C. Law 25-147, § 2, 71 DCR 1443.)

Section References

This section is referenced in § 38-208, § 38-302, § 38-771.02, § 38-2602.01, and § 38-2603.

Effect of Amendments

D.C. Law 15-39, in subsec. (b), made nonsubstantive changes in pars. (4) and (5), and added par. (6)

D.C. Law 16-33, in subsec. (b)(6), substituted “Education” for “Educational”.

D.C. Law 17-9, in subsec. (b), inserted pars. (7) to (15).

D.C. Law 17-20, in subsec. (b), deleted “and” from the end of par. (14), substituted “; and” for a period at the end of par. (15), and added par. (16).

D.C. Law 17-202, in subsecs. (a) and (b), substituted “OSSE” for “SEO”; and added subsecs. (b)(6A), (9A), and (9B).

D.C. Law 17-219, in subsec. (b), deleted “and” from the end of par. (15), substituted a semicolon for a period at the end of par. (16), and added par. (17); and added subsec. (c).

D.C. Law 17-353 validated previously made technical corrections in subsecs. (b)(14), (15), (16).

D.C. Law 18-111 repealed subsec. (b)(14), which had read as follows: “(14) Provide staff support to the State Board of Education to enable it to perform its functions as enumerated in § 38-2652;”.

D.C. Law 18-370 added subsecs. (b)(8A) and (18); in subsec. (b)(16), deleted “and” from the end; and, in subsec. (b)(17), substituted “; and” for a period at the end.

D.C. Law 19-21, in subsec. (c)(2), substituted “be used for the purposes set forth in paragraph (3) of this subsection. Any unexpended funds in the Academic Certification and Testing Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.” for “not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (3) of this subsection without regard to fiscal year limitation, subject to authorization by Congress.”.

D.C. Law 19-141, in subsec. (b), deleted “and” from the end of par. (17 ), substituted “; and” for a period the end of par. (18), and added par. (19).

The 2013 amendment by D.C. Law 20-17 substituted “August 1, 2013” for “October 1, 2013” in (b)(19).

The 2013 amendment by D.C. Law 20-27 added (b)(20); and made related changes.

The 2014 amendment by D.C. Law 20-87 rewrote (b)(4); and added the subdivision designated herein as (b)(21) and made related changes.

The 2015 amendment by D.C. Law 20-155 added (b)(22) and (23), and made related changes.

The 2015 amendment by D.C. Law 21-36 added (b)(24) and made related changes.

The 2016 amendment by D.C. Law 21-44 rewrote (b)(20).

The 2016 amendment by D.C. Law 21-74 rewrote (b)(6).

The 2016 amendment by D.C. Law 21-77 would have added a paragraph, designated as (b)(24), to read as follows: “Procure, distribute, and maintain the undesignated epinephrine auto-injector supply and fulfill its other responsibilities as required by § 38-651.01 et seq.”

Cross References

Testing integrity, § 38-771.01 et seq.

Applicability

Applicability of D.C. Law 25-147: § 3 of D.C. Law 25-147 provided that the creation of subsection (d) paragraphs (1), (2), (4), and (5) of this section by § 2 of D.C. Law 25-147 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7013 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-120. Therefore the amendment of this section by D.C. Law 21-120 has been implemented.

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-120: § 4 of D.C. Law 21-120 provided that the change made to this section by § 3 of D.C. Law 21-120 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 405 of D.C. Law 18-370 provided: “Sec. 405. Applicability. This subtitle shall apply as of October 1, 2010. ”

Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168, § 7004, provided that the applicability of only §§ 302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan.

Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61, § 4112, provided that §§ 302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their 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 302(b)(1)(A) of D.C. Law 19-141 added § 38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added § 38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR § A2103(c)(6).

Applicability of D.C. Law 20-155: Section 4077 of D.C. Law 20-155, as added by D.C. Law 21-36, § 7030(c), and codified as § 38-285, provided that §§ 4071 to 4076 of the act shall apply as of October 1, 2015.

Applicability of D.C. Law 21-77: Section 4 of D.C. Law 21-77 provided (a) that the act shall apply upon the date of inclusions of its fiscal effect in an approved budget and financial plan; (b) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (c) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of the act.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of School Improvement Emergency Amendment Act of 2024 (D.C. Act 25-372, Jan. 25, 2024, 71 DCR 1206).

For temporary (90 days) amendment of this section, see § 4052 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 4064(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 § 4063 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 § 4064(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 § 4063 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) repeal of § 4 of D.C. Law 21-120, see § 7013 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 § 4122 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 § 4094 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 § 4052 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 § 4042 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 4 of D.C. Law 21-120, see § 7013 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 4122 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 4094 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 4052 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 4042 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 § 302 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 § 302 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 § 4003(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 § 4012(a) 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 § 4031 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 § 4031 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 § 404 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary addition of provisions concerning state athletic activities, programs, and office revenue generation and sponsorship, see §§ 2 and 3 of the State Athletic Activities, Programs, and Office Revenue Generation and Sponsorship Emergency Act of 2012 (D.C. Act 19-606, January 14, 2013, 60 DCR 1072).

For temporary addition of provisions concerning the State Athletic Activities, Programs, and Office Fund, see §§ 2 and 3 of the State Athletic Activities, Programs, and Office Fund Emergency Act of 2012 (D.C. Act 19-607, January 14, 2013, 60 DCR 1074).

For temporary (90 days) amendment of this section, see § 102 of the Attendance Accountability Emergency Act of 2013 (D.C. Act 20-133, July 30, 2013, 60 DCR 11531, 20 DCSTAT 1973).

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 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 D.C. Law 19-141, § 601, see § 4112 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 § 2(a) of the Educator Evaluation Data Collection Emergency Amendment Act of 2014 (D.C. Act 20-328, May 22, 2014, 61 DCR 5361).

For temporary (90 days) amendment of this section, see § 4076 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 § 4076 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 § 3 of the Education Licensure Commission Emergency Amendment Act of 2014 (D.C. Act 20-529, December 19, 2014, 62 DCR 4, 20 STAT 4449).

For temporary (90 days) amendment of this section, see § 4076 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 § 4142 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) addition of D.C. Law 20-155, § 4077, an applicability clause, see § 7016(f)(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 4(a) of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715).

For temporary (90 days) amendment of this section, see § 4(a) of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188).

Temporary Legislation

For temporary (225 days) addition of D.C. Law 13-176, §; 7e, concerning educator evaluations, see § 2(b) of the Educator Evaluation Data Collection Temporary Amendment Act of 2014 (D.C. Law 20-132, Aug. 8, 2014, 61 DCR 6338).

For temporary (225 days) amendment of this section, see § 2(a) of the Educator Evaluation Data Collection Temporary Amendment Act of 2014 (D.C. Law 20-132, Aug. 8, 2014, 61 DCR 6338).

For temporary (225 days) amendment of this section, see § 3 of the Education Licensure Commission Temporary Amendment Act of 2014 (D.C. Law 20-239, March 13, 2015, 62 DCR 1329).

For temporary (225 days) amendment of this section, see § 4(a) of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983).

Short Title

Short title of subtitle A of title III of Law 15-39: Section 301 of D.C. Law 15-39 provided that subtitle A of title III of the act may be cited as the Transfer of the Educational Licensure Commission Amendment Act of 2003.

Short title: Section 4011 of D.C. Law 17-20 provided that subtitle B of title IV of the act may be cited as the “Office of the State Superintendent of Education Special Education Supplemental Funding and Educational Data Warehouse Amendment Act of 2007”.

Short title: Section 4007 of D.C. Law 17-219 provided that subtitle D of title IV of the act may be cited as the “State Education Office Establishment Amendment Act of 2008”.

Short title: Section 4030 of D.C. Law 18-111 provided that subtitle D of title IV of the act may be cited as the “State Board of Education Clarification Amendment Act of 2009”.

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

Section 4142 of D.C. Law 21-160 provided for Office of the State Superintendent of Education reporting requirements.

Sections 4072 to 4075 of D.C. Law 20-155 added Chapter 2B of this title, § 38-281 et seq.