job title, grade and classification, annual salary, and
position control number.
(b) The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor
and Council of the District of Columbia, by not later than
February 8 of each year.
SEC. 143. (a) Not later than October 1, 1995, or
within 15 calendar days after the date of the enactment
of the District of Columbia Appropriations Act, 1996,
whichever occurs later, and each succeeding year, the
Board of Education and the University of the District of
Columbia shall submit to the Congress, the Mayor, and
Council of the District of Columbia, a revised appropriated
funds operating budget for the public school system and
the University of the District of Columbia for such fiscal
year that is in the total amount of the approved appropria-
tion and that realigns budgeted data for personal services
and other-than-personal services, respectively, with antici-
pated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Board of Education and the University of the
District of Columbia submit to the Mayor of the District
of Columbia for inclusion in the Mayor’s budget submis-
sion to the Council of the District of Columbia pursuant
to section 442 of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act, Public Law
93–198, as amended (D.C. Code, sec. 47–301).
SEC. 144. The Board of Education, the Board of
Trustees of the University of the District of Columbia, the
Board of Library Trustees, and the Board of Governors
of the D.C. School of Law shall vote on and approve their
respective annual or revised budgets before submission to
the Mayor of the District of Columbia for inclusion in the
Mayor’s budget submission to the Council of the District
of Columbia in accordance with section 442 of the District
of Columbia Self-Government and Governmental Reorga-
nization Act, Public Law 93–198, as amended (D.C. Code,
sec. 47–301), or before submitting their respective budgets
directly to the Council.
SEC. 145. Notwithstanding any other provision of
law, rule, or regulation, the evaluation process and instru-
ments for evaluating District of Columbia Public Schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
SEC. 146. (a) No agency, including an independent
agency, shall fill a position wholly funded by appropria-
tions authorized by this Act, which is vacant on October
1, 1995, or becomes vacant between October 1, 1995, and
September 30, 1996, unless the Mayor or independent
agency submits a proposed resolution of intent to fill the
vacant position to the Council. The Council shall be re-
quired to take affirmative action on the Mayor’s resolution
within 30 legislative days. If the Council does not affirma-
tively approve the resolution within 30 legislative days, the
resolution shall be deemed disapproved.
(b) No reduction in the number of full-time equiva-
lent positions or reduction-in-force due to privatization or
contracting out shall occur if the District of Columbia Fi-
nancial Responsibility and Management Assistance Au-
thority, established by section 101(a) of the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Act of 1995, approved April 17, 1995 (109 Stat. 97;
Public Law 104–8), disallows the full-time equivalent posi-
tion reduction provided in this act in meeting the maxi-
mum ceiling of 35,771 for the fiscal year ending Septem-
ber 30, 1996.
(c) This section shall not prohibit the appropriate
personnel authority from filling a vacant position with a
District government employee currently occupying a posi-
tion that is funded with appropriated funds.
(d) This section shall not apply to local school-based
teachers, school-based officers, or school-based teachers’
aides; or court personnel covered by title 11 of the D.C
Code, except chapter 23.
SEC. 147. (a) Not later than 15 days after the end
of every fiscal quarter (beginning October 1, 1995), the
Mayor shall submit to the Council a report with respect
to the employees on the capital project budget for the pre-
vious quarter.
(b) Each report submitted pursuant to subsection (a)
of this section shall include the following information—
(1) a list of all employees by position, title,
grade and step;
(2) a job description, including the capital
project for which each employee is working;
(3) the date that each employee began working
on the capital project and the ending date that each
employee completed or is projected to complete work
on the capital project; and
(4) a detailed explanation justifying why each
employee is being paid with capital funds.
SEC. 148. The District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective
March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1
et seq.), is amended as follows:
(a) Section 301 (D.C. Code, sec. 1–603.1) is
amended as follows:
(1) A new paragraph (13A) is added to
read as follows:
‘‘(13A) ‘Nonschool-based personnel’ means any
employee of the District of Columbia Public Schools
who is not based at a local school or who does not
provide direct services to individual students.’’.
(2) A new paragraph (15A) is added to
read as follows:
‘‘(15A) ‘School administrators’ means prin-
cipals, assistant principals, school program directors,
coordinators, instructional supervisors, and support
personnel of the District of Columbia Public
Schools.’’.
(b) Section 801A(b)(2) (D.C. Code, sec. 1–
609.1(b)(2)) is amended by adding a new subpara-
graph (L–i) to read as follows:
‘‘(L–i) Notwithstanding any other provi-
sion of law, the Board of Education shall not
issue rules that require or permit nonschool-
based personnel or school administrators to be
assigned or reassigned to the same competitive
level as classroom teachers;’’
(c) Section 2402 (D.C. Code, sec. 1–625.2) is
amended by adding a new subsection (f) to read as
follows:
‘‘(f) Notwithstanding any other provision of law, the
Board of Education shall not require or permit nonschool-
based personnel or school administrators to be assigned
or reassigned to the same competitive level as classroom
teachers.’’.
SEC. 149. (a) Notwithstanding any other provision
of law, rule, or regulation, an employee of the District of
Columbia Public Schools shall be—
(1) classified as an Educational Service em-
ployee’
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall
not compete with school-based personnel for retention pur-
poses.
SEC. 150. The District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective
March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1
et seq.), is amended as follows:
(a) Section 2401 (D.C. Code, sec. 1–625.1) is
amended by amending the third sentence to read as
follows: ‘‘A personnel authority may establish lesser
competitive areas within an agency on the basis of
all or a clearly identifiable segment of an agency’s
mission or a division or major subdivision of an
agency.’’.
(b) A new section 2406 is added to read as fol-
lows:
‘‘SEC. 2406. Abolishment of positions for Fiscal Year
1996.
‘‘(a) Notwithstanding any other provision of law, reg-
ulation, or collective bargaining agreement either in effect
or to be negotiated while this legislation is in effect for
the fiscal year ending September 30, 1996, each agency
head is authorized, within the agency head’s discretion,
to identify positions for abolishment.
‘‘(b) Prior to February 1, 1996, each personnel au-
thority shall make a final determination that a position
within the personnel authority is to be abolished.
‘‘(c) Notwithstanding any rights or procedures estab-
lished by any other provision of this title, any District gov-
ernment employee, regardless of date of hire, who encum-
bers a position identified for abolishment shall be sepa-
rated without competition or assignment rights, except as
provided in this section.
‘‘(d) An employee effected by the abolishment of a
position pursuant to this section who, but for this section
would be entitled to compete for retention, shall be entitled
to 1 round of lateral competition pursuant to Chapter 24
of the District of Columbia Personnel Manual, which shall
be limited to positions in the employee’s competitive level.
‘‘(e) Each employee who is a bona fide resident of
the District of Columbia shall have added 5 years to his
or her creditable service for reduction-in-force purposes.
For purposes of this subsection only, a nonresident Dis-
trict employee who was hired by the District government
prior to January 1, 1980, and has not had a break in
service since that date, or a former employee of the U.S.
Department of Health and Human Services at Saint Eliz-
abeths Hospital who accepted employment with the Dis-
trict government on October 1, 1987, and has not had
a break in service since that date, shall be considered a
District resident.
‘‘(f) Each employee selected for separation pursuant
to this section shall be given written notice of at least 30
days before the effective date of his or her separation.
‘‘(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a spe-
cific position is to be abolished, nor separation pursuant
to this section shall be subject to review except as fol-
lows—
‘‘(1) an employee may file a complaint contest-
ing a determination or a separation pursuant to title
XV of this Act or section 303 of the Human Rights
Act of 1977, effective December 13, 1977 (D.C.
Law 2–38; D.C. Code, sec. 1–2543); and
‘‘(2) an employee may file with the Office of
Employee Appeals an appeal contesting that the sep-
aration procedures of subsections (d) and (f) of this
section were not properly applied.
‘‘(h) An employee separated pursuant to this section
shall be entitled to severance pay in accordance with title
XI of this Act, except that the following shall be included
in computing creditable service for severance pay for em-
ployees separated pursuant to this section—
‘‘(1) four years for an employee who qualified
for veteran’s preference under this act, and
‘‘(2) three years for an employee who qualified
for residency preference under this act.
‘‘(i) Separation pursuant to this section shall not af-
fect an employee’s rights under either the Agency Reem-
ployment Priority Program or the Displaced Employee
Program established pursuant to Chapter 24 of the Dis-
trict Personnel Manual.
‘‘(j) The Mayor shall submit to the Council a listing
of all positions to be abolished by agency and responsibility
center by March 1, 1996, or upon the delivery of termi-
nation notices to individual employees.
‘‘(k) Notwithstanding the provisions of section 1708
or section 2402(d), the provisions of this act shall not be
deemed negotiable.
‘‘(l) A personnel authority shall cause a 30-day termi-
nation notice to be served, no later than September 1,
1996, on any incumbent employee remaining in any posi-
tion identified to be abolished pursuant to subsection (b)
of this section’’.
SEC. 151. Notwithstanding any other provision of
law, the total amount appropriated in this Act for operat-
ing expenses for the District of Columbia for fiscal year
1996 under the caption ‘‘Division of Expenses’’ shall not
exceed $4,867,283,000.
REQUIRING DEVELOPMENT OF PLAN TO CLOSE LORTON
CORRECTIONAL COMPLEX
SEC. 152. (a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Not later than February 15,
1996, the District of Columbia shall develop a plan
for closing the Lorton Correctional Complex over a
transition period not to exceed 5 years in length.
(2) REQUIREMENTS OF PLAN.—The plan devel-
oped by the District of Columbia under paragraph
(1) shall meet the following requirements:
(A) Under the plan, the Lorton Correc-
tional Complex will be closed by the expiration
of the transition period.
(B) Under the plan, the District of Colum-
bia may not operate any correctional facilities
on the Federal property known as the Lorton
Complex located in Fairfax County, Virginia,
after the expiration of the transition period.
(C) The plan shall include provisions speci-
fying how and to what extent the District will
utilize alternative management, including the
private sector, for the operation of correctional
facilities for the District, and shall include pro-
visions describing the treatment under such al-
ternative management (including under con-
tracts) of site selection, design, financing, con-
struction, and operation of correctional facilities
for the District.
(D) The plan shall include an implementa-
tion schedule, together with specific perform-
ance measures and timelines to determine the
extent to which the District is meeting the
schedule during the transition period.
(E) Under the plan, the Mayor of the Dis-
trict of Columbia shall submit a semi-annual re-
port to the President, Congress, and the Dis-
trict of Columbia Financial Responsibility and
Management Assistance Authority describing
the actions taken by the District under the
plan, and in addition shall regularly report to
the President, Congress, and the District of Co-
lumbia Financial Responsibility and Manage-
ment Assistance Authority on all significant
measures taken under the plan as soon as such
measures are taken.
(b) CONSISTENCY
WITH
FINANCIAL
PLAN
AND
BUDGET.—In developing the plan under subsection (a),
the District of Columbia shall ensure that for each of the
years during which the plan is in effect, the plan shall
be consistent with the financial plan and budget for the
District of Columbia for the year under subtitle A of title
II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(c) SUBMISSION OF PLAN.—Upon completing the de-
velopment of the plan under subsection (a), the District
of Columbia shall submit the plan to the President, Con-
gress, and the District of Columbia Financial Responsibil-
ity and Management Assistance Authority.
PROHIBITION AGAINST ADOPTION BY UNMARRIED
COUPLES
SEC. 153. (a) IN GENERAL.—Section 16–302, D.C.
Code, is amended—
(1) by striking ‘‘Any person’’ and inserting ‘‘(a)
Subject to subsection (b), any person’’; and
(2) by adding at the end the following sub-
section:
‘‘(b) No person may join in a petition under this sec-
tion unless the person is the spouse of the petitioner.’’.
(b) NO EFFECT
ON PETITIONS
FOR ADOPTION
FILED BY INDIVIDUAL UNMARRIED PETITIONER.—Noth-
ing in section 16–302(b), D.C. Code (as added by sub-
section (a)) shall be construed to affect the ability of any
unmarried person to file a petition for adoption in the Su-
perior Court of the District of Columbia where no other
person joins in the petition.
TECHNICAL CORRECTIONS TO FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT
SEC. 154. (a) REQUIRING GSA TO PROVIDE SUP-
PORT SERVICES.—Section 103(f) of the District of Colum-
bia Financial Responsibility and Management Assistance
Act of 1995 is amended by striking ‘‘may provide’’ and
inserting ‘‘shall promptly provide’’.
(b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS
FOR INDIVIDUALS WHO BECOME EMPLOYED BY THE AU-
THORITY.—
(1) 
FORMER
FEDERAL
EMPLOYEES.—Sub-
section (e) of section 102 of such Act is amended to
read as follows:
‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN
OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME
EMPLOYED BY THE AUTHORITY.—
‘‘(1) IN GENERAL.—Any Federal employee who
becomes employed by the Authority—
‘‘(A) may elect, for the purposes set forth
in paragraph (2)(A), to be treated, for so long
as that individual remains continuously em-
ployed by the Authority, as if such individual
had not separated from service with the Federal
Government, subject to paragraph (3); and
‘‘(B) shall, if such employee subsequently
becomes reemployed by the Federal Govern-
ment, be entitled to have such individual’s serv-
ice with the Authority treated, for purposes of
determining the appropriate leave accrual rate,
as if it had been service with the Federal Gov-
ernment.
‘‘(2) EFFECT OF AN ELECTION.—An election
made by an individual under the provisions of para-
graph (1)(A)—
‘‘(A) shall qualify such individual for the
treatment described in such provisions for pur-
poses of—
‘‘(i) chapter 83 or 84 of title 5, Unit-
ed States Code, as appropriate (relating to
retirement), including the Thrift Savings
Plan;
‘‘(ii) chapter 87 of such title (relating
to life insurance); and
‘‘(iii) chapter 89 of such title (relating
to health insurance); and
‘‘(B) shall disqualify such individual, while
such election remains in effect, from participat-
ing in the programs offered by the government
of the District of Columbia (if any) correspond-
ing to the respective programs referred to in
subparagraph (A).
‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF-
FECTIVE.—An election made by an individual under
paragraph (1)(A) shall be ineffective unless—
‘‘(A) it is made before such individual sep-
arates from service with the Federal Govern-
ment; and
‘‘(B) such individual’s service with the Au-
thority commences within 3 days after so sepa-
rating (not counting any holiday observed by
the government of the District of Columbia).
‘‘(4) CONTRIBUTIONS.—If an individual makes
an election under paragraph (1)(A), the Authority
shall, in accordance with applicable provisions of law
referred to in paragraph (2)(A), be responsible for
making the same deductions from pay and the same
agency contributions as would be required if it were
a Federal agency.
‘‘(5) REGULATIONS.—Any regulations necessary
to carry out this subsection shall be prescribed by—
‘‘(A) the Office of Personnel Management,
to the extent that any program administered by
the Office is involved;
‘‘(B) the appropriate office or agency of
the government of the District of Columbia, to
the extent that any program administered by
such office or agency is involved; and
‘‘(C) the Executive Director referred to in
section 8474 of title 5, United States Code, to
the extent that the Thrift Savings Plan is in-
volved.’’.
(2) OTHER INDIVIDUALS.—Section 102 of such
Act is further amended by adding at the end the fol-
lowing:
‘‘(f) FEDERAL BENEFITS FOR OTHERS.—
‘‘(1) IN
GENERAL.—The Office of Personnel
Management, in conjunction with each correspond-
ing office or agency of the government of the Dis-
trict of Columbia, shall prescribe regulations under
which any individual who becomes employed by the
Authority (under circumstances other than as de-
scribed in subsection (e)) may elect either—
‘‘(A) to be deemed a Federal employee for
purposes of the programs referred to in sub-
section (e)(2)(A)(i)-(iii); or
‘‘(B) to participate in 1 or more of the cor-
responding programs offered by the government
of the District of Columbia.
‘‘(2) EFFECT OF AN ELECTION.—An individual
who elects the option under subparagraph (A) or (B)
of paragraph (1) shall be disqualified, while such
election remains in effect, from participating in any
of the programs referred to in the other such sub-
paragraph.
‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE
OR AGENCY’.—For purposes of paragraph (1), the
term ‘corresponding office or agency of the govern-
ment of the District of Columbia’ means, with re-
spect to any program administered by the Office of
Personnel Management, the office or agency respon-
sible for administering the corresponding program
(if any) offered by the government of the District of
Columbia.
‘‘(4) THRIFT
SAVINGS
PLAN.—To the extent
that the Thrift Savings Plan is involved, the preced-
ing provisions of this subsection shall be applied by
substituting ‘the Executive Director referred to in
section 8474 of title 5, United States Code’ for ‘the
Office of Personnel Management’.’’.
(3) EFFECTIVE DATE; ADDITIONAL ELECTION
FOR
FORMER
FEDERAL
EMPLOYEES
SERVING
ON
DATE OF ENACTMENT; ELECTION FOR EMPLOYEES
APPOINTED DURING INTERIM PERIOD.—
(A) EFFECTIVE DATE.—Not later than 6
months after the date of enactment of this Act,
there shall be prescribed (and take effect)—
(i) regulations to carry out the
amendments made by this subsection; and
(ii) any other regulations necessary to
carry out this subsection.
(B) ADDITIONAL ELECTION FOR FORMER
FEDERAL
EMPLOYEES
SERVING
ON
DATE
OF
ENACTMENT.—
(i) IN GENERAL.—Any former Federal
employee employed by the Authority on the
effective date of the regulations referred to
in subparagraph (A)(i) may, within such
period as may be provided for under those
regulations, make an election similar, to
the maximum extent practicable, to the
election provided for under section 102(e)
of the District of Columbia Financial Re-
sponsibility and Management Assistance
Act of 1995, as amended by this sub-
section. Such regulations shall be pre-
scribed jointly by the Office of Personnel
Management and each corresponding office
or agency of the government of the District
of Columbia (in the same manner as pro-
vided for in section 102(f) of such Act, as
so amended).
(ii) EXCEPTION.—An election under
this subparagraph may not be made by
any individual who—
(I) is not then participating in a
retirement system for Federal employ-
ees (disregarding Social Security); or
(II) is then participating in any
program of the government of the
District of Columbia referred to in
section 102(e)(2)(B) of such Act (as
so amended).
(C) 
ELECTION
FOR
EMPLOYEES
AP-
POINTED DURING INTERIM PERIOD.—
(i) FROM
THE
FEDERAL
GOVERN-
MENT.—Subsection (e) of section 102 of
the District of Columbia Financial Respon-
sibility and Management Assistance Act of
1995 (as last in effect before the date of
enactment of this Act) shall be deemed to
have remained in effect for purposes of any
Federal employee who becomes employed
by the District of Columbia Financial Re-
sponsibility and Management Assistance
Authority during the period beginning on
such date of enactment and ending on the
day before the effective date of the regula-
tions prescribed to carry out subparagraph
(B).
(ii) OTHER INDIVIDUALS.—The regu-
lations prescribed to carry out subsection
(f) of section 102 of the District of Colum-
bia Financial Responsibility and Manage-
ment Assistance Act of 1995 (as amended
by this subsection) shall include provisions
under which an election under such sub-
section shall be available to any individual
who—
(I) becomes employed by the Dis-
trict of Columbia Financial Respon-
sibility and Management Assistance
Authority during the period beginning
on the date of enactment of this Act
and ending on the day before the ef-
fective date of such regulations;
(II) would have been eligible to
make an election under such regula-
tions had those regulations been in ef-
fect when such individual became so
employed; and
(III) is not then participating in
any program of the government of the
District of Columbia referred to in
subsection (f)(1)(B) of such section
102 (as so amended).
(c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR
AUTHORITY EMPLOYEES.—Section 104 of such Act is
amended—
(1) by striking ‘‘the Authority and its mem-
bers’’ and inserting ‘‘the Authority, its members,
and its employees’’; and
(2) by striking ‘‘the District of Columbia’’ and
inserting ‘‘the Authority or its members or employ-
ees or the District of Columbia’’.
(d) PERMITTING REVIEW OF EMERGENCY LEGISLA-
TION.—Section 203(a)(3) of such Act is amended by strik-
ing subparagraph (C).
TITLE II—DISTRICT OF
COLUMBIA SCHOOL REFORM
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘District of Columbia
School Reform Act of 1995’’.
SEC. 2002. DEFINITIONS.
Except as otherwise provided, for purposes of this
title:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Appropriations of
the House of Representatives and the Commit-
tee on Appropriations of the Senate;
(B) the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate; and
(C) the Committee on Government Reform
and Oversight of the House of Representatives
and the Committee on Governmental Affairs of
the Senate.
(2) AUTHORITY.—The term ‘‘Authority’’ means
the District of Columbia Financial Responsibility
and Management Assistance Authority established
under section 101(a) of the District of Columbia Fi-
nancial Responsibility and Management Assistance
Act of 1995 (Public Law 104–8).
(3) AVERAGE DAILY ATTENDANCE.—The term
‘‘average daily attendance’’, when used with respect
to a school and a period of time, means the aggre-
gate attendance of the school during the period di-
vided by the number of days during the period on
which—
(A) the school is in session; and
(B) the pupils of the school are under the
guidance and direction of teachers.
(4) AVERAGE DAILY MEMBERSHIP.—
(A) INDIVIDUAL SCHOOL.—The term ‘‘av-
erage daily membership’’, when used with re-
spect to a school and a period of time, means
the aggregate enrollment of the school during
the period divided by the number of days dur-
ing the period on which—
(i) the school is in session; and
(ii) the pupils of the school are under
the guidance and direction of teachers.
(B) GROUPS OF SCHOOLS.—The term ‘‘av-
erage daily membership’’, when used with re-
spect to a group of schools and a period of
time, means the average of the average daily
memberships during the period of the individual
schools that constitute the group.
(5) BOARD OF EDUCATION.—The term ‘‘Board
of Education’’ means the Board of Education of the
District of Columbia.
(6) BOARD OF TRUSTEES.—The term ‘‘Board
of Trustees’’ means the governing board of a public
charter school, the members of which board have
been selected pursuant to the charter granted to the
school and in a manner consistent with this title.
(7) CONTROL PERIOD.—The term ‘‘control pe-
riod’’ means a period of time described in section
209 of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995
(Public Law 104–8).
(8) CORE CURRICULUM.—The term ‘‘core cur-
riculum’’ means the concepts, factual knowledge,
and skills that students in the District of Columbia
should learn in kindergarten through 12th grade in
academic content areas, including, at a minimum,
English, mathematics, science, and history.
(9) DISTRICT
OF
COLUMBIA
COUNCIL.—The
term ‘‘District of Columbia Council’’ means the
Council of the District of Columbia established pur-
suant to section 401 of the District of Columbia
Self-Government and Governmental Reorganization
Act (D.C. Code, sec. 1–221).
(10) DISTRICT OF COLUMBIA GOVERNMENT.—
(A) IN GENERAL.—The term ‘‘District of
Columbia government’’ means the government
of the District of Columbia, including—
(i) any department, agency, or instru-
mentality of the government of the District
of Columbia;
(ii) any independent agency of the
District of Columbia established under
part F of title IV of the District of Colum-
bia Self-Government and Governmental
Reorganization Act;
(iii) any other agency, board, or com-
mission established by the Mayor or the
District of Columbia Council;
(iv) the courts of the District of Co-
lumbia;
(v) the District of Columbia Council;
and
(vi) any other agency, public author-
ity, or public benefit corporation that has
the authority to receive monies directly or
indirectly from the District of Columbia
(other than monies received from the sale
of goods, the provision of services, or the
loaning of funds to the District of Colum-
bia).
(B) EXCEPTIONS.—The term ‘‘District of
Columbia government’’ does not include the fol-
lowing:
(i) The Authority.
(ii) A public charter school.
(11) DISTRICT OF COLUMBIA GOVERNMENT RE-
TIREMENT SYSTEM.—The term ‘‘District of Colum-
bia government retirement system’’ means the re-
tirement programs authorized by the District of Co-
lumbia Council or the Congress for employees of the
District of Columbia government.
(12) 
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOL.—
(A) IN GENERAL.—The term ‘‘District of
Columbia public school’’ means a public school
in the District of Columbia that offers classes—
(i) at any of the grade levels from pre-
kindergarten through the 12th grade; or
(ii) leading to a general education di-
ploma.
(B) EXCEPTION.—The term does not in-
clude a public charter school.
(13) 
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOLS.—The term ‘‘District of Columbia public
schools’’ means all schools that are District of Co-
lumbia public schools.
(14) DISTRICT-WIDE ASSESSMENTS.—The term
‘‘district-wide assessments’’ means reliable and unbi-
ased student assessments administered by the Su-
perintendent to students enrolled in District of Co-
lumbia public schools and public charter schools.
(15) ELIGIBLE APPLICANT.—The term ‘‘eligible
applicant’’ means a person, including a private, pub-
lic, or quasi-public entity and an institution of high-
er education (as defined in section 481 of the High-
er Education Act of 1965), who seeks to establish a
public charter school.
(16) ELIGIBLE CHARTERING AUTHORITY.—The
term ‘‘eligible chartering authority’’ means any of
the following:
(A) The Board of Education.
(B) Any of the following public or feder-
ally-chartered universities:
(i) Howard University.
(ii) Gallaudet University.
(iii) American University.
(iv) George Washington University.
(v) The University of the District of
Columbia.
(C) Any other entity designated by enact-
ment of a bill as an eligible chartering authority
by the District of Columbia Council after the
date of the enactment of this Act.
(17) FACILITIES MANAGEMENT.—The term ‘‘fa-
cilities management’’ means the administration, con-
struction, renovation, repair, maintenance, remodel-
ing, improvement, or other oversight, of a building
or real property of a District of Columbia public
school. The term does not include the performance
of any such act with respect to real property owned
by a public charter school.
(18) FAMILY
RESOURCE
CENTER.—The term
‘‘family resource center’’ means an information
desk—
(A) located at a school with a majority of
students whose family income is not greater
than 185 percent of the poverty guidelines up-
dated annually in the Federal Register by the
Department of Health and Human Services
under authority of section 673(2) of the Omni-
bus Budget Reconciliation Act of 1981; and
(B) which links students and families to
local resources and public and private entities
involved in child care, adult education, health
and social services, tutoring, mentoring, and job
training.
(19) LONG-TERM
REFORM
PLAN.—The term
‘‘long-term reform plan’’ means the plan submitted
by the Superintendent under section 2101.
(20) MAYOR.—The term ‘‘Mayor’’ means the
Mayor of the District of Columbia.
(21) METROBUS AND METRORAIL TRANSIT SYS-
TEM.—The term ‘‘Metrobus and Metrorail Transit
System’’ means the bus and rail systems adminis-
tered by the Washington Metropolitan Area Transit
Authority.
(22) MINOR STUDENT.—The term ‘‘minor stu-
dent’’ means an individual who—
(A) is enrolled in a District of Columbia
public schools or a public charter school; and
(B) is not beyond the age of compulsory
school attendance, as prescribed in section 1 of
article I, and section 1 of article II, of the Act
of February 4, 1925 (sections 31–401 and 31–
402, D.C. Code).
(23) 
NONRESIDENT
STUDENT.—The 
term
‘‘nonresident student’’ means—
(A) an individual under the age of 18 who
is enrolled in a District of Columbia public
school or a public charter school, and does not
have a parent residing in the District of Colum-
bia; or
(B) an individual who is age 18 or older
and is enrolled in a District of Columbia public
school or public charter school, and does not re-
side in the District of Columbia.
(24) PANEL.—The term ‘‘Panel’’ means the
World Class Schools Panel established under subtitle
D.
(25) PARENT.—The term ‘‘parent’’ means a
person who has custody of a child enrolled in a Dis-
trict of Columbia public school or a public charter
school, and who—
(A) is a natural parent of the child;
(B) is a stepparent of the child;
(C) has adopted the child; or
(D) is appointed as a guardian for the
child by a court of competent jurisdiction.
(26) PETITION.—The term ‘‘petition’’ means a
written application, submitted by an eligible appli-
cant to an eligible chartering authority, to establish
a public charter school.
(27) PROMOTION GATE.—The term ‘‘promotion
gate’’ means the criteria, developed by the Super-
intendent and approved by the Board of Education,
that are used to determine student promotion at dif-
ferent grade levels. Such criteria shall include
achievement on district-wide assessments that, to the
greatest extent practicable, measure student achieve-
ment of the core curriculum.
(28) PUBLIC
CHARTER
SCHOOL.—The term
‘‘public charter school’’ means a publicly funded
school in the District of Columbia that is established